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HomeMy WebLinkAbout03349 - RIVERSIDE COUNTY CSA 152 PROGRAM ' } . County Service Area 152 Prog. Admin. Services Agr. AGREEMENT #3349 M05416, 8-3-94 ADMINISTRATIVE SERVICES AGREEMENT -- FOR CSA 152 PROGRAM BETWEEN RIVERSIDE COUNTY AND CITY OF PALM SPRINGS This Agreement, entered into as of this _ day of.� 994 by the COUNTY OF RIVERSIDE, hereinafter called "COUNTY", and the CITY OF PALM SPRINGS, hereinafter called "CITY", establishes the responsibilities and obligations of each party concerning the management and financing of COUNTY SERVICE AREA 152, hereinafter called "CSA 152". RECITALS WHEREAS, Congress in 1987 added Section 4O2(p) to the Federal Clean Water Act (CWA) 133 U.S.C. 1342(p)]; and, WHEREAS, Section 4O2(p) requires certain municipalities, and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before discharging stormwater into the waters of the United States; and, WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES Permit for each of the three watersheds of the County; and, WHEREAS, COUNTY has formed CSA 152 to finance its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits; and, 1 NOV 1 1994. 547 WHEREAS, cooperation between COUNTY and CITY in the administration and implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and, WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 93-454 on December 21 , 1993. WHEREAS, COUNTY and CITY are to perform certain duties prescribed in the NPDES Permit that will benefit all parties; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1 . DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall be as follows: A. COUNTY shall assume the responsibilities and meet the requirements of CSA 152 administration for COUNTY and CITY by: (1) Preparing CSA 152 budget and reports in compliance with County Ordinance No. 573. (2) COUNTY shall also: (a) Prepare the required narrative for said budget and reports along with COUNTY'S individual budget or report on COUNTY activities. (b) Annually prepare and forward computer tape information on individual assessments of secured parcels for CITY to Flood Control District for generation of Benefit Assessment Units (BAU) totals and assessments for CITY. 2 (c) Forward CITY corrections to assessments and tax bills to Auditor-Controller/Tax Collector. (d) Review and coordinate CITY CSA 152 budget with overall CSA 152 budget. (e) Reimburse CITY for actual expenditures incurred under provision of approved CITY CSA 152 budget and allocations. (f) Mail first year Notice of Assessment to all affected property owners within GSA 152 at CITY request and expense. (g) Provide to CITY annual property assessment printouts and a BAU summary. (h) Provide to CITY standardized forms including but not limited to assessment re-evaluation forms, budget and expense reimbursement formats. (i) Serveas administrative and technical advisor on CSA budget preparation and assessment re-evaluations. (j) Assess CITY an annual six percent (6%) administrative fee of CITY CSA 152 budget for the administration of CSA 152. (k) Be responsible to CITY for reasonable requests by CITY for information, billing tapes, data, changes, corrections, refunds, 3 issuances of new CITY tax bills or revisions. Said requests will be at expense of CITY. (1) Conduct annual County public budget hearing of CSA 152. (m) Assist CITY with first year CITY public information workshop on NPDES program and CSA 152 administration by providing administrative and technical guidance. (n) Shall provide CITY of CSA 152 budget prior to submittal to COUNTY Board of Supervisors. B. CITY shall assume the responsibilities and meet the requirements of COUNTY CSA 152 administration for CITY by: (1) Preparing CSA 152 budget and reports on its activities using COUNTY format, hereto attached as Exhibit A and incorporated herein by reference. Said budget and reports shall be submitted to COUNTY in a timely manner (approximately March 1 of each year) for incorporation with COUNTY CSA 152 budget narrative. (2) CITY shall: (a) Conduct NPDES and CSA 152 public forum for CITY constituents prior to COUNTY CSA 152 public hearing. (b) Be responsible for CITY updates, corrections or revisions to be entered into COUNTY data base for CSA 152 or any corrections, 4 revisions, refunds or issuance of new CITY tax bills through COUNTY at CITY expense. (c) Be responsible to COUNTY for any proposed tax assessment printing and/or mailing CITY may want COUNTY to perform. (d) Be responsible for replies to CITY taxpayer inquiries and requests for CITY CSA 152 budget information and NPDES Program within CITY boundaries. (e) Provide COUNTY with CITY telephone numbers for CITY taxpayer inquiries on CITY CSA 152 program and for inclusion on CITY CSA 152 assignment mailings by February 15, 1994, and keep such numbers updated as necessary. 2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of COUNTY AND CITY. CITY share of annual CSA 152 administration shall be a six percent (6%) fee of CITY CSA annual budget. A. CITY shall be responsible for payment to COUNTY, at cost, for services that require: (1) COUNTY to provide information, billing tapes, data changes, corrections, refunds, issuances of new CITY tax or revisions to CITY. COUNTY shall be reimbursed by CITY. COUNTY shall provide an itemized biling of completed work to CITY. (2) COUNTY to perform printing and/or mailing of proposed tax assessment rates of CITY assessed secured parcel numbers. 5 (3) COUNTY to provide CITY with special public information brochures, mailings and/or medial presentations. CITY shall be billed by COUNTY using the share of cost formula in Section 3.a of this Agreement if work order is used COUNTY CSA 152-Wide. 3. SHARE OF COSTS. In the event CSA 152 requires the services of a consultant, as mutually determined by COUNTY and CITY, to prepare manuals, develop programs or perform studies relevant to the entire CSA 152 boundary, the cost of said consultant services will be shared by COUNTY and CITY using the methodology of this Section. A. Share of Cost Methodology. The individual percentage contribution from COUNTY and CITY shall be ;a function of population. Contribution shall be calculated as the population of COUNTY or CITY, divided by the aggregate total population of all CSA 152 member municipalities, thusly: (1) Contribution (%) = Xn/Xt Xn = population of COUNTY or CITY Xt = total population for all CSA 152 member municipalities combined. (2) The population of COUNTY, CITY and CSA 152 member cities will be based on the latest California State Department of Finance population figures issued in May of each year. 6 B. COUNTY shall keep CITY apprised and notified of COUNTY REQUESTS FOR PROPOSAL (RFP), selection of consultant, consultant's fee, any contract timetables and consultant schedule of payments. 4. TERM OF AGREEMENT. The term of this Agreement shall commence on the date the last duly authorized representative of COUNTY or CITY executed it. The term of the agreement shall be indefinite or as long as required for the Clean Water Act. 5. WITHDRAWAL FROM AGREEMENT. Either party may withdraw from this Agreement thirty (30) days after giving written notice to other Party. In event withdrawal becomes effective, withdrawal shall constitute forfeiture of all of the withdrawing party's share of cost and administrative fee described in Sections 2 and 3 of this Agreement to the date of withdrawal. The withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of withdrawal. 6. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by mutual consent of the parties to the Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representative of the parties. 7. NOTICES. All notices shall be deemed duly given when delivered by hand; or five (5) days after deposit in the U.S. mail, postage prepaid. 8. GOVERNING LAW. This Agreement will be governed and construed in accordance with laws of the United Sates and the Sate of California. If any provisions or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the 7 validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 9. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the party so waiving or consenting. Any consent by any party to, or waiver of, a breach by the other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 10. APPLICABILITY OF PRIOR AGREEMENTS. This agreement and the Exhibits attached hereto constitute the entire agreement between the parties with respect to the subject matter, all CSA 152 prior agreements, representations, statements, negotiations and understandings are: superseded hereby. 11 . HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party from liability or damages resulting from its own acts or omissions including those of its officers of employees in the performance of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. 8 CITY OF PALM SPRINGS ATTEST: ((City Clerk Mayor APPROVED AS -To ECW ti P, T CiTy Date 007QA "' r City Manager g. Form Approved APPROVED BY THE My COUNCIL County Counsel BY" R-3 5<, A 33y17 COUNTY OF RIVERSIDE �3 on behalf of CSA 152 Deputy ��L�•� tcslrnile Signature affixed by Clerk per '-s; c: "51103 Gov. Code Chairman, Board of Supervisors KAY CENICEROS ATTEST: Gerald A. Maloney Clerk of the Board By t �r VA, Deputy 9 NOV, j 1994 Z5. 1 Z BUDGET FORMAT' EXFBBIT A CITY CSA 152 (NPDES) FY APPROPRIATIONS" Storm Drainage System Inspection - (36" and larger) Initial Inspection -- Underground/Open Channel — Water Quality Testing — Document Violations — Inspection Preparation Plan — Updating Construction/ Facilities Drawings — Drainage Area Management Plan (DANIP) - DAMP Preparation — Implementation of Best Management Practices (BMPs) Inspection Forms for Building/Public Works Inspectors — Additional Catch Basin Maintenance -- Additional Street Sweeping in Industrial/ Commercial/Central Business Areas — Administration of Volunteer Catch Basin Basin Stenciling — Development of Grading Ordinance — Develop BMP Manual for ?,few Development — Inspection of Construction ;Sites for Compliance of Grading Ordinance — Testing of Sediment in Sediment Basin — Spot Inspection of Commercial/Industrial Areas for Illegal Dumping -- Education Pesticide Training for City Personnel — Permit Training Requirements for Inspectors, Plan Checkers, Engineers and Planners — Training for Review/Inspection of BMP and Inspection for Illegal Dumping — Utility Bill Inserts with information on Impacts of Fuel Spills, Illegal Dumping, Erosion, etc.. -- • Page 2 - CSA 152 (NPDES) Budget Format EXHIBIT A Administration of NPDES Permit - Contingencies - Other - Legal Mailings _ Assessor Line Item Charge _ Riverside County Flood Control BAU computer time Public Education Program *** CSA 152 Administration Fee (6%) TOTAL PROTECTED APPROPRIATIONS ** A brief narrative and cost breakdown to each appropriation. *** NPDES Public Education as provided by Flood Control/County. CSA 152 E7 E=B SCHEDULE OF EVENTS January 2 Cities and County begin CSA 152/NPDES budget process for upcoming fiscal year. 15 County provides updated BAU summary to first year CSA 152 Cities. 20 County provides statement of accounts to each City for first tax collection period of focal year(December). Statement reflects year to date CSA 152 revenue collected from each City and its zone of benefit(Incorporated city boundaries). 30 City prepares and submits to County a statement of expenses for City CSA 152/NPDES program. February 10 County receives expense statement of Cities and effects reimbursement to Cities. Reimbursement is limited to the amount of City CSA 152 revenue collected less County expenses as outlined in CSA 152 agreement. County sball submit to City on a quarterly basis County expenses for inclusion in City expense statement. 15 Deadline for City to notify County of proposed increase in City CSA 152 assessment rate. March 1 Cities and County finalize individual CSA 152 budgets and proposed BAU assessment rates. 10 Deadline for first year CSA Cities or Cities with CSA rate increase to submit information for CSA legal mailing of estimated assessments. Requited information'includes times,dates, appropriate addresses of public forum/offices including phone numbers and proposed BAU rate of City. 15 City CSA 152 budgets due to County for consolidation of overall CSA 152 budget. 15 County conducts BAU computer and print services of CSA legal mailings for first year CSA Cities and Cities with rate increases. April 1 County submits total CSA 152 budget for review and inclusion into overall County Budget. 10 Legal mailing date for estimated assessments on parcels for any new or proposed increases in City CSA 152 rates. County provides list of assessor parcel numbers and estimated assessments to those CSA Cities with new/increased rates. 10 Second installment of =es/assessments due. Page 2 - CSA 152 Schedule of Events EXTI' B May 1 County provides Cities with second statement of accounts for year to date City CSA 152 revenue collected. 10 Cities prepare and submit statement of expenses for reimbursement of CSA 152/NPDES program costs. 15 Cities with proposed increased CSA 152 assessments over the amen year hold public forums to address City constiments and questions. 20 County reviewslapproves expense statement of Cities and effects reimbursement to Cities. JunelJuly County Board of Supervisors conducts public hearings on CSA assessments rates including CSA 152 rates or proposed rate increases. Changes may occur to CSA rates at discretion of Board. July 15 Reconciliation of statement of accounts for County and each CSA 152 City (zone of benefit). Balanced statement reflects total revenue collected for prior fiscal year. Cities may apply for balance to cover reimbursement of underfunded City NPDES expenses or balance is carried forward into next fiscal year within CSA 152 City account (zone of benefit). July/August County Board approves final County budget including CSA budgets. Budgets may change at the discretion of the Board. September First County and City tax/assessments bills of the fiscal year are mailed. October 15 Cities provided with update BAU summary and list of assessor parcel numbers and actual assessments. October Cities respond to taxpayer requests for parcel re-assessments or re-evaluations and forward recommendations and corrections to County. November 1 City provides BAU and assessor parcel corrections to County for updating in file. December 10 Fuse installment of taxes and assessments due/collected by County for current fiscal year. * Use schedule for CSA 152 planning purposes.