HomeMy WebLinkAboutA6027 - COUNTY OF RIVERSIDE CSA 152 NPDES PROGRAM1 ADMINISTRATIVE SERVICES AGREEMENT
2 FOR CSA 152 NPDES PROGRAM
3 BETWEEN
4 RIVERSIDE COUNTY AND CITY OF PALM SPRINGS
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6 This Agreement, entered into as of this 12-fL day of 2011 by the
7 COUNTY OF RIVERSIDE, hereinafter called "COUNTY," and the CITY OF PAL
8 SPRINGS, hereinafter called "CITY," establishes the responsibilities and obligations o
9 each party concerning the management and financing of COUNTY SERVICE ARE
10 152 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES),
11 hereinafter called "CSA 152."
12 RECITALS
13 WHEREAS, Congress in 1987, added Section 402(p) to the Federal Clean Water
14 Act (CWA) [33 U.S.C. 1342(p)]; and,
15 WHEREAS, Section 402(p) requires certain municipalities, construction, and
16 industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES)
17 Permit before discharging stormwater into the waters of the United States; and,
18 WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES
19 Permit for each of the three watersheds of the County; and,
20 WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs
21 and obligations associated with the municipal NPDES Permits and individual General
22 NPDES Permits; and,
23 WHEREAS, cooperation between COUNTY and CITY in the administration and
24 implementation of the NPDES Permits is in the best interests of COUNTY and CITY;
25 and,
26 WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution
27 No. 93-454 on December 21, 1993; and,
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1 WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this
2 Agreement that will benefit all parties;
3 NOW, THEREFORE, the parties hereto do mutually agree as follows:
4 1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall
5 be as follows:
6 a. CITY shall assume the responsibilities and meet the requirements of CSA
7 152 Administration for CITY by:
8 i. Providing additions to previous year's tax roll (if any) to be placed
9 on the upcoming fiscal year tax roll.
10 ii. Providing agenda item approving Benefit Assessment Unit (BAU)
11 Levy and CITY CSA 152 budget for each fiscal year.
12 iii. Notify COUNTY of any changes to Tax Rate Area of individual
13 parcels to be placed on Tax Roll.
14 iv. Research parcels that were rejected from list of Assessor Parcel
15 Numbers (APNs) submitted to County.
16 v. Notify COUNTY of any corrections to rejected parcels to be placed
17 on Tax Roll prior to Auditor Controllers deadline for submittal of
18 APNs.
19 vi. Submit to COUNTY requests for reimbursement of actual
20 expenditures incurred under provision of approved CITY CSA 152
21 budget.
22 b. COUNTY shall assume the responsibilities and meet the requirements of
23 CSA 152 Administration for COUNTY and CITY by:
24 i. Forwarding of APNs received from CITY to Auditor Controller to be
25 placed on Tax Roll.
26 ii. Notify CITY of any rejected parcels.
27 iii. Forward CITY corrections of rejected parcels to Auditor Controller.
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1 iv. Provide spreadsheet of CSA 152 assessments placed on tax roll
2 and Fiscal Year financial summary.
3 v. Collect assessment for CSA 152 on behalf of CITY.
4 vi. Reimburse CITY for actual expenditures incurred under provision o
5 approved CITY CSA 152 budget.
6 2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of
7 COUNTY and CITY. COUNTY shall charge six (6%) percent of new CITY CSA
8 152 annual revenue for Administration.
9 3. TERM OF AGREEMENT. The term of this Agreement shall commence on the
10 date the last duly authorized representative of COUNTY or CITY executes it.
11 The term of the Agreement shall be five (5) years.
12 4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this
13 Agreement thirty (30) days after submitting written notice to other party. In the
14 event termination becomes effective, termination shall constitute forfeiture by the
15 terminating Party of its share of costs and administrative fees paid as described
16 in Section 2 of this Agreement up to the effective date of termination. The
17 terminating Party shall be responsible for all lawfully assessed penalties as a
18 consequence of termination.
19 5. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by
20 mutual consent of the parties to the Agreement. No amendment to this
21 Agreement shall be effective unless it is in writing and signed by the duly
22 authorized representatives of the parties.
23 6. GOVERNING LAW, This Agreement will be governed and construed in
24 accordance with laws of the United States and the State of California. If any
25 provision or provisions of this Agreement shall be held to be invalid, illegal, or
26 unenforceable, the validity, legality, and enforceability of the remaining provisions
27 shall not in any way be affected or impaired hereby.
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1 7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be
2 deemed waived and no breach excused, unless such a waiver or consent is in
3 writing and signed by the Party so waiving or consenting. Any consent by any
4 Party to, or waiver of, a breach by the other Party, whether expressed or implied,
5 shall not constitute consent to, waiver of, or excuse for any other different or
6 subsequent breach.
7 8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the
8 entire Agreement between the parties with respect to the subject matter; all CSA
9 152 prior agreement, representations, statement, negotiations, and
10 understandings are superseded hereby.
11 9. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other
12 party from liability or damages resulting from its own acts or omissions including
13 those of its officers or employees in the performance of this Agreement.
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I IN WITNESS WHEREOF, this Agreement has been executed as of the day and year
2 first above written.
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4 COUNTY OF RIVERSIDE, CITY OF PALM SPRINGS
5 On behalf of CSA 152
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8 Chairman, Board of Supervisors City Manager
9 BOB BUSTER
10 Approved as to Form Approved as to Form
11 County Counsel City Attorney
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14 BY / !C `/i C BY
PT
16 ATTEST:
17
ATTEST"
City ClerkKEiHRPE - H M, Clerk
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19 D P TY
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22 APPROVED BY CITY COUNCIL
23 b•10 Abdt'l
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