1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 1
STORMWATER PERMIT IMPLEMENTATION AGREEMENT 2
SANTA ANA REGION 3
4 5
This AGREEMENT entered into as of this _____ by San Bernardino County, (herein called the 6 COUNTY), the San Bernardino County Flood Control Di strict (herein called the DISTRICT), 7 and the Cities of Big Bear Lake, Chino, Chino Hills , Colton, Fontana, Grand Terrace, Highland, 8 Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, 9 and Yucaipa (herein called the CITIES) establishes the responsibilities of each party with respect 10 to compliance with National Pollutant Discharge Eli mination System (NPDES) Stormwater 11 regulations administered by the California Regional Water Quality Control Board, Santa Ana 12 Region (SARWQCB) by the authority granted by the fe deral Clean Water Act (CWA) and its 13 1987 amendments and the Water Quality Act (WQA). 14
15 RECITALS 16
17 WHEREAS, Congress in 1987 amended Section 402 of th e Federal Clean Water Act (33 18 U.S.C.A. 1342 (p)) to require the federal Environme ntal Protection Agency (EPA) to promulgate 19 regulations for applications for permits for stormwater discharges; and 20 21 WHEREAS, these permit regulations require the cont rol of pollutants from stormwater 22 discharges by requiring a National Pollutant Discha rge Elimination System (NPDES) Permit for 23 the discharge of stormwaters into waters of the United States; and 24 25 WHEREAS, these EPA regulations require NPDES permi ts for discharges from municipal 26 separate storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis; and 27 28 WHEREAS, the State Legislature, in enacting the San Bernardino County Flood Control Act, 29 created the San Bernardino County Flood Control Dis trict to provide for the control of flood and 30 storm waters; and 31
32 WHEREAS, the Powers granted to the DISTRICT by the San Bernardino County Flood 33 Control Act include carrying on technical and other investigations, examinations, or tests of all 34 kinds, making measurements, collecting data, and ma king analyses, studies, and inspections 35 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 36 waste, and contamination of water both within and without the DISTRICT; and 37 38 WHEREAS, the CITIES, the COUNTY, and the DISTRICT desire to develop and implement 39 an integrated stormwater discharge management progr am with the objective of improving water 40 quality in the Santa Ana Watershed portion of San Bernardino County; and 41 42 WHEREAS, the California State Water Resources Contr ol Board (SWRCB) as designee of the 43 EPA has delegated authority to the Regional Water Q uality Control Board – Santa Ana Region 44 (SARWQCB) for administration of the MS4 Permit prog ram and issuance of MS4 Permits 45 within the boundaries of their Region; and 46
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WHEREAS, the DISTRICT, COUNTY, and CITIES have bee n designated as joint permittees 48 (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and 49 50 WHEREAS, the DISTRICT has been designated as the Pr incipal Permittee in the MS4 Permit; 51 and 52
53 WHEREAS, the COUNTY and the CITIES have been design ated as the Co-permittees in the 54 MS4 Permit; and 55
56 WHEREAS, cooperation between the CITIES, the COUNTY , and the DISTRICT to jointly file 57 an application for the MS4 Permit is in the best in terest of the CITIES, the COUNTY, and the 58 DISTRICT; and 59
60 WHEREAS, the Permittees shall establish and maintai n a Management Committee to 61 coordinate compliance with MS4 Permit requirements and implement a Stormwater Management 62 Program across all jurisdictions covered by this MS4 Permit; and 63 64 NOW THEREFORE, the parties hereto do mutually agree as follows: 65 66 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file (unless directed to 67 proceed separately by the SARWQCB) the application for an area-wide storm water 68 permit. The COUNTY, the DISTRICT, and each individual CITY will be a Permittee. 69 70 II. Management Committee. The DISTRICT, as Principa l Permittee, and COUNTY and 71 CITIES, as Co-permittees, shall support and facilit ate compliance with area-wide MS4 72 Permit requirements and implementation of the Storm water Management Program 73 through the workings of the Management Committee. T he responsibilities and structure 74 of this committee shall include: 75
76 A. The purpose of the Management Committee shall b e to develop policies, 77 (including goals, needs, and priorities) budgets, a nd implementation 78 strategies and plans for the area-wide Stormwater M anagement Program 79 to ensure compliance with the MS4 Permit. The Mana gement Committee 80 shall evaluate implementation options and strategie s and recommend 81 implementation actions to the DISTRICT. 82
83 B. Each Permittee shall designate in writing at lea st one authorized 84 representative and one alternate to participate on the Management 85 Committee. Management Committee designees and alt ernates shall be 86 authorized by their respective city council or governing board to cast votes 87 on behalf of their jurisdiction to determine Stormw ater Management 88 Program budgets and all other program elements requ ired to implement 89 the areawide Municipal Stormwater Management Plan (MSWMP). 90 91 3
C. The Principal Permittee shall serve as the chair person of the Management 92 Committee. 93
94 D. The Management Committee shall meet at the frequenc y required by the 95 MS4 Permit or on a quarterly basis. 96
97 E. Ten (10) authorized representatives present in pers on at a scheduled 98 meeting constitute a quorum for the transaction of business of the 99 Management Committee. If a quorum is not present a t a scheduled 100 Management Committee meeting, less than a quorum ma y adjourn the 101 meeting. For all Management Committee actions other than approval of 102 the budget as set forth in Section VII.C.1. of this AGREEMENT, a 103 majority vote of the quorum shall decide any questi on brought before the 104 Management Committee for decision. 105
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F. The Management Committee shall support Stormwate r Management 107 Program implementation by providing guidance to the Principal Permittee 108 with respect to stormwater program administration a nd approving 109 elements of the area-wide MSWMP. 110
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G. The Management Committee may establish subcommit tees to support the 112 work of the Management Committee. Subcommittees sh all include 113 interested members of the Management Committee, and/or other Permittee 114 staff with necessary expertise. Subcommittees may develop 115 recommendations for Management Committee considerat ion. Such 116 recommendations require majority approval by member s of the 117 subcommittee on a one vote per Permittee basis. 118
119
H. Approval of Management Committee decisions will require a majority 120 vote of the authorized representatives or alternate s in attendance, on a one 121 vote per Permittee basis. In the event that the Ma nagement Committee 122 does not approve a subcommittee recommendation, the item will be 123 directed back to the subcommittee for reconsideration. 124 125
I. All parties to this AGREEMENT achieve cost savin gs by working 126 collectively to implement the areawide stormwater program. To maximize 127 these cost savings, the Permittees agree that: 128
129
1. Each authorized representative shall actively pa rticipate in 130 Management Committee meetings; 131
132
2. Each Permittee shall actively participate in at least one 133 subcommittee, either through the authorized representative or other 134 authorized designee . Participation will be defined as attendance at 135 fifty percent (50%) or more of subcommittee meeting s held in a 136 given fiscal year. 137
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III. Principal Permittee Responsibilities.
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The DISTRICT, acting through its Board of Superviso rs, is the Stormwater Program 141 Administrator for purposes of this AGREEMENT. The DISTRICT shall have administrative 142 responsibilities and shall be reimbursed for its ti me expended on behalf of the Stormwater 143 Program. These rates include actual hourly rate in cluding fringe benefits plus any other direct 144 cost(s). Materials are to be reimbursed at direct cost. 145 146
The DISTRICT, while acting as administrator, will s trive to implement the policies, budget, and 147 required program elements according to the recommen dations of the Management Committee. 148 In turn, the Management Committee will work in good faith with the DISTRICT to make 149 reasonable policy, budget and required program elem ent recommendations to the 150 DISTRICT. The Parties recognize and acknowledge, h owever, that the DISTRICT, as governed 151 by the San Bernardino County Flood Control District Board of Supervisors, retains final 152 authority regarding the nature and manner in which the recommendations of the Management 153 Committee shall be executed. 154
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In the event that the DISTRICT proposes to impleme nt an approach different than the one 156 recommended by the Management Committee, the DISTRI CT's proposed alternative action shall 157 be communicated to the Management Committee at the next available meeting of the 158 Management Committee. If the Management Committee approves the alternative action, then 159 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs 160 associated with that alternative action. If, in go od faith, the Management Committee does not 161 approve the alternative action, the DISTRICT may im plement the alternative action, but the 162 DISTRICT shall be solely responsible for paying the increased costs, if any, resulting from the 163 alternative action. This increased cost shall be m easured by the difference between the cost of 164 the alternative action and the estimated cost of th e action as reasonably recommended by the 165 Management Committee. 166
167
If the DISTRICT’S proposed alternative implementati on action involves an increase in program 168 costs, that alternative implementation action shall not be adopted until such time as each 169 authorized representative of the Management Committee has had 45 days to relay that alternative 170 implementation action to its various governing bodi es for approval. CITIES and COUNTY shall 171 have no responsibility for the incremental increase in cost associated with an alternative action 172 that is not approved by the Management Committee af ter 45 days has passed with the governing 173 bodies failing to approve the alternative implementation action. 174 175
The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 176 Management Program contracts and agreements with al l consultants, contractors, vendors or 177 other entities as recommended by the Management Committee. 178 179
The DISTRICT, if recommended by the Management Comm ittee, may act on behalf of the Co- 180 permittees as applicant in preparing and submitting grant proposals, and may act as administrator 181 for any awarded grant funds.
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183
5 The DISTRICT, if recommended by the Management Comm ittee, will act on behalf of the 184 Stormwater Program as the contracting party and sig natory in joint agreements with other 185 municipal stormwater programs and stakeholders for regional benefits and cooperation. 186 187
As the Principal Permittee under the MS4 Permit, th e DISTRICT shall coordinate all area-wide 188 MS4 Permit activities and manage the Stormwater Management Program by: 189 190
A. Conducting chemical, biological and bacteriologi cal water quality 191 monitoring on behalf of the areawide program as req uired by the MS4 192 Permit. 193
194
B. Implementing management programs, monitoring pro grams, and related 195 plans as required by the MS4 Permit. 196
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C. Preparing and submitting to the Executive Office r (SARWQCB) unified 198 reports, plans, and programs necessary to comply with the MS4 Permit. 199 200
D. Coordinating and conducting Management Committee meetings as 201 specified in the MSWMP. 202
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E. Taking the lead role in initiating and developin g area-wide programs and 204 activities necessary to comply with the MS4 Permit. 205 206
F. Participating, as needed, in any subcommittees f ormed to facilitate MS4 207 Permit requirements. 208
209
G. Providing technical and administrative support a nd inform the Co- 210 permittees of the progress of other pertinent munic ipal programs, pilot 211 projects, research studies, and other information t o facilitate 212 implementation of Co-permittees’ stormwater program. 213 214
H. Coordinating the implementation of area-wide Sto rmwater Management 215 Program activities such as a monitoring program, pu blic education, and 216 pollution prevention. 217
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I. Gathering and disseminating information on the p rogress of statewide 219 municipal stormwater programs and evaluate the info rmation for potential 220 use in the execution of the MS4 Permit. 221
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J. Monitoring the implementation of the plans and p rograms required by the 223 MS4 Permit and determine their effectiveness in att aining water quality 224 standards. 225
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K. Coordinating with SARWQCB activities pertaining to implementation of 227 the MS4 Permit, including the submittal of all requ ired reports, plans, and 228 programs. 229
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L. Soliciting and coordinating public input for any major proposed 231 stormwater management programs and implementation plans. 232 233
M. Developing and implementing mechanisms, performa nce standards, etc., 234 to promote consistent implementation of Best Manage ment Practices 235 among the Permittees. 236
237
N. Cooperating in watershed management programs and regional and/or 238 statewide monitoring programs. 239
240
IV. Co-permittee Responsibilities. The Co-permittee s shall support the Principal Permittee 241
by: 242
243
A. Preparing and submitting to the Principal Permittee in a timely manner 244 all required information necessary to comply with p ermit reporting 245 requirements. Timely completion of Permittee annual report information 246 is considered meeting the deadline if received on o r before September 247 15 th of each reporting year. 248
B. Notifying the Principal Permittee immediately, in w riting, of any 249 changes to the designated representative to the Management Committee. 250 C. Reviewing and commenting on all plans, strategies, management 251 programs, and monitoring programs, as developed by the Principal 252 Permittee or a subcommittee of the Management Committee. 253 D. Conducting and/or coordinating with the Principal P ermittee on any 254 surveys or characterizations needed to identify pol lutant sources from 255 specific drainage areas. 256
257
V. Compliance Responsibilities. The DISTRICT, CO UNTY and CITIES are individually 258
responsible for implementing all MS4 Permit require ments within their respective 259 jurisdictions. The Management Committee does not as sume any responsibility for 260 implementing the Stormwater Management Programs for the Principal Permittee or any 261 other Permittee or for ensuring that the Principal Permittee or the Co-permittees 262 implement programs consistent with the recommendati ons of the Management 263 Committee. 264
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VI. Indemnification and Insurance. Each party shal l indemnify, defend, and hold harmless 266
the other parties to this AGREEMENT from and agains t any and all liability and expense 267 arising from any act or omission of the indemnifyin g party, its authorized officers, 268 employees, agents, and volunteers in connection wit h the performance of this 269 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 270 fees, claims, actions, damages, liability, and caus es of action for damages of any nature 271 whatsoever; provided, however, that no party shall indemnify another party for that 272 party’s own negligence or willful misconduct. 273
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In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at 275 fault for any claim, action, loss or damage which r esults from their respective obligations 276 under this AGREEMENT, the party, or parties shall indemnify the other party/parties to 277 the extent of its/their comparative fault. Furthermore, if a party attempts to seek recovery 278 from the other for Workers’ Compensation benefits paid to an employee, the parties agree 279 that any alleged negligence of the employee shall n ot be construed against the employer 280 of that employee. 281
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The parties to this AGREEMENT are authorized self-i nsured public entities for purposes 283 of Professional Liability, Automobile Liability, Ge neral Liability, and Workers’ 284 Compensation and warrant that through their program s of self-insurance, they have 285 adequate coverage or resources to protect against l iabilities arising out of their 286 performance under this AGREEMENT. 287
288
VII. Program Costs. The responsibilities for payme nt of all shared costs of equipment, 289
services, contracted analytical services, and the c ost of implementing the MS4 Permit, 290 shall be distributed among the DISTRICT, COUNTY, and CITIES as follows: 291 292
A. The DISTRICT shall contribute 5% of the annual P rogram Costs; the 293 other Permittees shall be responsible for the remai ning 95% of the 294 Program Costs. 295
296
B. The annual budget shall separate program costs i nto four Program Areas: 297 298
1. Monitoring , which shall include any water quality and 299 hydrographic monitoring and laboratory analyses. 300
301
2. Public Education , which shall include all public outreach programs. 302 303
3. Program Management & Regulatory Activities , which includes 304 administrative, reporting and regulatory activities. 305 306
4. Training , which addresses any training conducted to implement the 307 stormwater management program. 308
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C. The Principal Permittee shall prepare and implem ent an annual operating 310 budget with the participation of the Permittees. Th e budget year shall 311 coincide with the fiscal year of the DISTRICT, July 1 – June 30. 312 313
1. The Principal Permittee will forward the annual operating budget 314 for the forthcoming year to the Co-permittees for r eview and 315 approval. The review period shall be from the firs t business day of 316 November to the first business day of December of e ach year. 317 During the review period, the Co-permittees may pro vide written 318 comments on the budget to the Principal Permittee. The Fiscal 319
8 Subcommittee will review the comments on the budget and 320 endorse a draft budget for Management Committee app roval. The 321 Management Committee will consider the draft budget for 322 approval at the January meeting. An affirmative res ponse from a 323 majority of the total number of authorized represen tatives or 324 authorized alternates is required for approval. 325
326
D. For Fiscal Year 2025/26, the Permittees cost sha re shall be as follows: 327
PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.63
Chino 4.93
Chino Hills 5.22
Colton 3.43
Fontana 9.49
Grand Terrace 1.66
Highland 3.62
Loma Linda 2.31
Montclair 2.43
Ontario 9.00
Rancho Cucamonga 8.35
Redlands 5.12
Rialto 5.33
San Bernardino 10.60
Upland 4.14
Yucaipa 4.19
County 13.54
District 5.00
TOTAL 100
328
E. For Fiscal Year 2026/27, and all subsequent fisc al years the Permittees 329 cost share shall be determined annually according t o the methodology 330 provided in Appendix A. 331
F. For Fiscal Year 2026/27, and all subsequent fisc al years, the Permittees 332 annual cost share shall be calculated by November 1 of each year and shall 333 be included in the annual budget proposal. 334
9 G. The DISTRICT shall invoice each CITY and the COU NTY for its annual 335 deposit after July 1, the start of the fiscal year. Each CITY and the 336 COUNTY shall pay the deposit within 60 days of the date of the invoice. 337 Each CITY’s and the COUNTY’s deposit shall be based on their prorated 338 share of the approved annual budget, reduced for an y surplus identified in 339 the prior fiscal year-end accounting. 340
H. The DISTRICT shall make reasonable efforts to in form the Management 341 Committee during the fiscal year of potential excee dances of the approved 342 budget that may require the Parties to increase the deposits. If at any time 343 during a fiscal year the program costs exceed the s um of the deposits, the 344 DISTRICT shall submit invoices to the CITIES and th e COUNTY to 345 recover the deficit. The share for each CITY and th e COUNTY shall be 346 prorated according to the formula above (see Paragr aphs D and E of this 347 Section). Each CITY and COUNTY shall pay the invoic e within 60 days 348 of the billing date. 349
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I. The DISTRICT shall prepare a fiscal year end acc ounting at the end of 351 each fiscal year and distribute copies to the Permi ttees for their review by 352 October 31 of that year. Permittees shall have 30 c alendar days from the 353 date of their receipt of the fiscal year end accoun ting to dispute in writing 354 or concur with the findings. If the fiscal year end accounting results in 355 costs exceeding the sum of the deposits (including interest earnings), the 356 DISTRICT shall invoice each CITY and the COUNTY for its prorated 357 share of the excess cost. Each CITY and the COUNTY shall pay the 358 billing within 60 days of the date of the invoice. If the fiscal year end 359 accounting results in the sum of the deposits (incl uding interest earnings) 360 exceeding costs, the excess deposits will carry for ward to reduce the 361 billings for the following year. 362
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J. Upon termination of the program, a final account ing shall be performed by 364 the DISTRICT. If costs exceed the sum of the deposi ts (including interest 365 earnings), the DISTRICT shall invoice each CITY and the COUNTY for 366 its prorated share of the excess. Each CITY and the COUNTY shall pay 367 the invoice within 60 days of the date of the invoi ce. If the sum of the 368 deposits (including interest earnings) exceeds the costs, the DISTRICT 369 shall reimburse to each CITY and the COUNTY its pro rated share of the 370 excess (including any interest earnings remaining), within 30 days of the 371 final accounting. 372
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K. Each CITY and the COUNTY shall bear the financia l responsibility for 374 implementing the program within its jurisdictional boundaries, including 375 any applicable MS4 permit fees, as outlined in Section V. 376 377
10 L. The annual administrative costs (includes actual hourly rate including 378 fringe benefits plus any other direct cost) incurre d by the DISTRICT shall 379 be included in the budget for the Areawide Program Costs and paid 380 according to this Section, Section III and Appendix A. 381 382
M. The financial responsibility for this AGREEMENT will be effective on the 383 date this AGREEMENT takes effect. 384
385
VIII. Term of the AGREEMENT. The term of the AGREEM ENT coincides with the current 386
MS4 Permit (Order No. R8-2010-0036) and subsequent MS4 Permits that list the 387 DISTRICT, COUNTY, and the CITIES as Permittees. Th is AGREEMENT shall take 388 effect on the date it is approved by all parties. This AGREEMENT shall terminate upon 389 the effective date of a new implementation agreemen t approved by all parties which will 390 supersede this AGREEMENT. 391
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IX. Additional Parties. Any city or other entity w hich wishes to be a Permittee on the San 393 Bernardino County MS4 Permit that was issued by SAR WQCB shall agree to the 394 provisions in this funding agreement and shall sign this AGREEMENT prior to being 395 included in the permit. The date of initiation, for determining participant costs for any 396 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 397 issued by SARWQCB. The cost for adding any addition al Permittee to the program, 398 including additional permit and processing fees, sh all be paid by the added Permittee. 399 Monies, if any, to be reimbursed to the existing Pe rmittees shall be credited to their 400 respective annual program operating fees for the following budget year. 401 402
X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this 403
AGREEMENT at the end of any fiscal year with writte n notice being received by the 404 DISTRICT 1 year prior to the end of the fiscal year . A withdrawing Permittee will not be 405 allowed refunds for tasks, projects or studies alre ady underway in which funds have been 406 obligated for the fiscal year. 407
408
The withdrawing Permittee shall be responsible for all assessed penalties as a 409 consequence of withdrawal. The cost allocations to the remaining members will be 410 calculated in the following budget year. 411
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XI. Breach. Failure to comply with the terms of th is AGREEMENT is a breach of the 413
agreement. If a breach is not cured within ninety (90) days after receiving a notice to 414 cure the breach by a permittee, permittee in breach may be terminated from this 415 AGREEMENT by a majority vote of the Management Committee. 416 417
XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in non- 418
compliance with the conditions of the MS4 Permit wi thin their jurisdictional 419 responsibilities shall be solely liable for any ass essed penalties, pursuant to Section 420 13385 of the Water Code. Penalties that apply to al l the Permittees shall be assessed 421 according to the formula in Appendix A. 422
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11 XIII. Legal Action/Costs/Attorney Fees. Where any l egal action is necessary to declare any 424 party’s rights hereunder or enforce any provision h ereof for any damages by reason of an 425 alleged breach of any provisions of this AGREEMENT, each party shall bear its own 426 attorney’s fees and costs incurred in conjunction w ith such legal action regardless of who 427 is found to be the prevailing party. This section shall not apply to those costs and 428 attorney’s fees arising from any third party legal action against a party hereto and payable 429 under Section VI, Indemnification and Insurance. 430
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XIV. Amendments to the AGREEMENT. This AGREEMENT m ay be amended by consent of 432
a three-quarters majority of the Permittees (rounde d to the nearest whole number). 433 Amendments to this AGREEMENT may be adopted and executed concurrently, and shall 434 become effective upon its execution by a majority of the Permittees as defined above. 435 436
XV. Authorized Signatories: Each Permittee will det ermine who will be the authorized 437
signatory. This person shall be authorized to execute the application(s) for MS4 Permit(s) 438 and take all other procedural steps necessary to file the application(s) for MS4 Permits. 439 440
XVI. Notices. All notices shall be deemed duly giv en if delivered by hand; or five (5) working 441
days after deposit in the U.S. Mail, certified mail, return receipt requested. 442 443
XVII. Governing Law. This AGREEMENT will be govern ed and construed in accordance with 444
laws of the State of California. If any provision o r provisions of this AGREEMENT shall 445 be held to be invalid, illegal or unenforceable, th e validity, legality, and enforceability of 446 the remaining provisions shall not in any way be af fected or impaired hereby. Any legal 447 action which arises out of or is in any way related to this AGREEMENT shall be brought 448 in the Superior Court of the San Bernardino County. 449 450
XVIII. Consent to Breach not Waiver. No term or pr ovision hereof shall be deemed waived and 451
no breach excused, unless such waiver or consent sh all be in writing and signed by any 452 Permittee to have waived or consented. Any consent by any Permittee to, or waiver of, a 453 breach by the other whether expressed or implied, s hall not constitute a consent to, 454 waiver of, or excuse for any other different or subsequent breach. 455 456
XIX. Reserved. 457
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XX. Applicability of Prior Agreements. This docume nt constitutes the entire AGREEMENT 459
between the Permittees with respect to the subject matter; all prior agreements, 460 representation, statements, negotiations, and under takings are superseded hereby and 461 shall be deemed terminated upon the effective date of this AGREEMENT. 462 463
XXI. Execution of the AGREEMENT. This AGREEMENT ma y be executed in counterpart 464
and the signed counterparts shall constitute a sing le instrument. 465 466
XXII. No Separate Entity. This AGREEMENT establish ed a framework for PERMITTEE 467 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 468 create an entity separate from the local agencies that join in this cooperative effort. 469
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IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day 471 and year first above written. 472
SIGNATURE PAGE FOR NPDES IMPLEMENTATION AGREEMENT SANTA ANA REGION
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
Attest:
By:
Germaine McClellan Key
City Clerk
By:
Phillip Burum
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
_____________________________
Gia Kim
Public Works Director / City Engineer
IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIES/PROCEDURES
___________________________________
Rakesha Thomas, Director of
Human Resources and Risk Management
13 APPENDIX A 473
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A. The DISTRICT shall pay five percent (5%) of the total annual cost, and the COUNTY 475 and the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent 476 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below. 477 478
B. The Permittees total annual cost share is the su m of the individual cost-shares calculated 479 for each Program Cost Area. 480
481
C. The Permittees annual cost share for each Progra m Cost Area (PCA i) shall be calculated 482
using three cost factors: 483
484
1. Base , which represents the percentage of the program co sts equally applied to all 485 Permittees. The base (B) fraction is calculated as follows: 486 487
B = 1/N, where N = number of Permittees 488
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2. Relative Population , which represents the percentage of the program co sts based 490 on the relative population of each Permittee. Relat ive population (RP) of each 491 Permittee shall be calculated annually from annual population estimates issued by 492 the California Department of Finance (E-1 Table). 493
494
RP
i = (P i/P total ), where 495
496
RP
i = relative population of Permittee (i) 497
Pi = population of Permittee (i) 498
Ptotal = total population for area covered by the area-wi de permit 499 500
3. Relative Land Area , which represents the percentage of the program co sts based 501 on the relative land area of each Permittee. Relati ve Land Area (RLA) shall be 502 calculated as follows: 503
504
a. The calculation of relative land area within eac h Permittee’s jurisdiction 505 shall exclude land under tribal, state or federal j urisdiction, or any land 506 excluded by the State Water Resources Control Board . Any Permittee 507 seeking to exclude lands under this Section shall s pecifically request that 508 exclusion from the Principal Permittee by providing the request in writing 509 along with necessary documentation no later than Oc tober 1 to be 510 considered for inclusion in the next year’s annual budget. The requesting 511 Permittee has the burden of proving entitlement to any exemption so 512 requested. 513
514
b. The method for calculating relative land area sh all be determined from the 515 Assessor’s Parcel data provided by the COUNTY Infor mation Services 516 Department. 517
518
14 RLA i = (L i/L total ), where 519
RLA i =relative land area of Co-permittee (i) 520
Li = land area of Co-permittee (i), less excluded lan ds 521 Ltotal = total land area under permit jurisdiction 522 523
D. The Permittee’s cost share for each individual P rogram Cost Area is based on the relative 524 importance of the cost factors to the Program Cost Area. The cost share calculation for 525 each Program Cost Area is as follows: 526
527
PCA i = [(B * X i * AB i) + (RP i * Y i * AB i) + (RLA i * Z i * AB i)] 528 529
Where, 530
531
PCA
i = Permittee’s cost share for PCA i 532
AB i = Annual budget for PCA i 533
534
B = Base fraction for each Permittee 535
X
i = Percentage apportioned to the base for PCA i 536
537
RP
i = Relative population of Permittee( i) 538
Yi = Percentage apportioned to relative population f or PCA i 539 540
RLA
i = Relative land area of the Permittee( i) 541
Zi = Percentage apportioned to relative land are for PCA i 542 543
E. The Permittee’s total annual cost share shall be calculated by summing the cost shares 544 calculated for each individual Program Cost Area: 545
546
Permittee’s annual cost share = PCA
1 + PCA 2 + PCA 3 + PCA 4 547
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Table 1. Budget Year [DATE]
Program Cost Areas
(PCA i)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
(X i)
Relative
Populatio
n (Y i)
Relative
Land
Area (Z i)
Monitoring (PCA 1) 10% 30% 60%
Public Education (PCA 2) 10% 80% 10%
Program Management &
Regulatory Activities
(PCA 3)
30% 50% 20%
Training (PCA 4) 30% 60% 10%
549