A- 04- V
t
AN AGREEMENT
FOR COST SHARING FOR THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT PROGRAM PHASE II
THIS AGREEMENT, is made and entered this JAN 1 ' by and between the following undersigned public agencies, all which are referred to collectively as the Parties.
San Joaquin County a political subdivision of the State of Califomia; City of Lathrop, a municipal corporation of the State of California; City of Lodi, a municipal corporation of the State of California; City of Manteca, a municipal corporation of the State of California; City of Tracy, a municipal corporation of the State of California; City of Ripon, a municipal corporation of the State of California.
RECITALS
1. In accordance with regulations promulgated under the Federal Clean Water Act for Phase 11 of the U.S. Environmental Protections Agency' s Storm Water Program it is required that small communities obtain National Pollutant Discharge Elimination System NPDES) permits to regulate discharges to surface waters from small municipal separate storm sewer systems (MS4s).
2. These regulations were published in the Federal Register on December 8, 1999 and the State of California and State Regional Water Quality Control Boards have been delegated the authority to develop these small municipal NPDES permits.
3. The Parties wish to enter into an Agreement, so that the parties will share programs and costs to implement their respective NPDES permits where practical so collectively all parties can reduce program costs and increase service levels through cost sharing.
4. It is the intent of the parties to define the procedures for cost sharing.
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
A. Term; Termination: This agreement shall have a term of five ( 5) years beginning on the above date. Any party may terminate their participation by giving sixty 60) days written notice to all Parties. Each party shall be responsible for its share of cost through the final termination date.
B. Population Determination: The population of the Parties NPDES permit areas, to establish a basis for cost sharing by proportionate population, will be determined using the 2000 Local Census Data for the Phase It Permit Areas.
ATTACHMENT 4
Cost Sharing Agreement
Re: NPDES Permit Phase II
Population % of Total
Lathrop 9910 4. 9%
Lodi 56985 28. 0%
Manteca 48745 24. 0%
Ripon 10048 5. 0%
Tracy 56399 27. 8%
Unincorporated 20872 10. 3%
Total Population 202959
C. Cost Sharing
i. All shared cost items related to work required for compliance with the NPDES Permits shall benefit all parties, and be agreed to by the parties prior to expenditures. It is acknowledged that not all parties will have to share costs for all activities because some activities will not benefit all parties.
ii. All costs shall be shared based on the proportional population of the parties' NPDES permit areas, as determined by Section B of this Agreement, unless otherwise agreed by the parties.
iii. Typical items related to implementation of the parties' respective storm water management program that may be eligible for cost sharing may include, but are not limited to
1. Consultant Services
2. Water testing for permit compliance
3. Shared equipment
4. Special Programs or Events
5. Advertising
6. Printing
iv. Each shared cost item shall be presented in a written proposal including the following:
1. A not to exceed or per item cost estimate
2. Who will be the lead agency
3. The cost share method ( i. e. population based, or per item based)
4. A signature page for acceptance
Each parties' Director of Public Works shall be the authorized signatory for each proposal. Each party reserves the right to accept or reject each proposal.
ATTACHMENT 4
Cost Sharing Agreement
Re: NPDES Permit Phase II
V. The party expending funds will bill the other parties for the shared cost and provide the following information:
1. original invoice for the shared costs
2. copies of all relevant invoices from vendors or consultants
3. copy of contracts, proposals, agreements or other documents setting forth the conditions or specifications for the item of work, or product delivered.
vi. All bills will be paid within 90 days of receipt unless a notice of dispute is filed with the billing party.
vii. Disputed bills will be resolved between Parties by the respective Director in charge of the NPDES Permit Program.
D. Indemnification: It is understood and agreed that, each Party shall, to the extent permitted by law, defend and hold harmless and save harmless every other Party, and its officers and employees in connection with any claims, imposition of penalties, or any enforcement or other actions whatsoever, including, but not limited to, those brought by Federal, State, or local agencies having regulatory jurisdiction over the subject matter of this agreement, which arises as a result of any Parties' failure to comply with the provisions set forth herein.
E. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK)
SIGNATURE PAGE FOLLOWS:
ATTACHMENT 4
Cost Sharing Agreement
Re: NPDES Permit Phase II
CITY OF TRACY
JUNTY
OF SAN JOAQUIN
By:
ts: City Manager a ratan of the Board of Supervisors
APP VE AS O AP ED AST ORM:
By:A y:
Its: Attorney ts: Attorney
CITY OF RIPON CITY
TOEC
Its: Mayor Its: Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: / — f-— By:
Its: Attorney ts: Attorney
CITY OF LODI CITY OF LATHROP
By' By:
Its: Mayor Its: Mayor
usan Hitchcock
APPROVED AS TO FORM: A4PRED AS TO FORM:
By:
AttorneyB
s: Attorney
Randall A. Hays
Attest:
Its: City Cl rk
Susan J. Blackston
ATTACHMENT 4