Updated 09/2024
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ADMINISTRATIVE SERVICES AGREEMENT
FOR CSA 152 NPDES PROGRAM
BY AND BETWEEN
COUNTY OF RIVERSIDE AND CITY OF MORENO VALLEY
The Administrative Services Agreement for CSA 152 NPDES Program (“Agreement”), entered into as of this _____ day of _________ 20 25, by the COUNTY OF RIVERSIDE (“COUNTY”) and the CITY OF MORENO VALLEY (“CITY”) (individually “Party” and collectively “Parties”), establishes the responsibilities and obligations of each Par ty concerning the management and financing of COUNTY SERVICE AREA 152 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“CSA 152”).
RECITALS
WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act (CWA) [33 U.S.C. 1342(p)]; and,
WHEREAS, Section 402(p) requires certain municipalities, construction and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before discharging storm water into the waters of the United States; and, WHEREAS, the Parties have obtained or will obtain the appropriate municipal NPDES Permit as applicable for each of the three watersheds of the County of Riverside; and, WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits; and,
WHEREAS, cooperation between the Parties in the administration and implementation of the NPDES Permits is in the best interests of the Parties; and, WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 93- 454 on December 21, 1993; and,
WHEREAS, the Parties are to perform certain duties prescribed in this Agreement that will benefit all Parties;
Updated 09/2024
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each Party shall be as follows:
a. CITY shall assume the responsibilities and meet the requirements of CSA 152 administration for CITY by:
i. Providing additions to previous year’s tax roll (if any) to be placed on the upcoming fiscal year tax roll.
ii. Providing agenda item approving Benefit Assessment Unit (BAU) Levy and CITY’S CSA 152 budget for each fiscal year.
iii. Notify COUNTY of any changes to Tax Rate Area of individual parcels to be placed on Tax Roll.
iv. Research parcels that were rejected from list of Assessor Parcel Numbers (APNs) submitted to COUNTY.
v. Notify COUNTY of any corrections to rejected parcels to be placed on Tax Roll prior to Auditor Controllers deadline for submittal of APNs. vi. Submit to COUNTY requests for reimbursement of actual expenditures incurred under provision of approved CITY CSA 152 budget. b. COUNTY shall assume the responsibilities and meet the requirements of CSA 152 administration for COUNTY and CITY by:
i. Forwarding of APNs received from CITY to Auditor Controller to be placed on Tax Roll.
ii. Notify CITY of any rejected parcels.
iii. Forward CITY’S corrections of rejected parcels to Auditor Controller. iv. Provide spreadsheet of CSA 152 assessments placed on tax roll and fiscal year financial summary.
v. Collect assessment for CSA 152 on behalf of CITY.
vi. Reimburse CITY for actual expenditures incurred under provision of approved CITY CSA 152 budget.
Updated 09/2024
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of COUNTY and CITY. COUNTY shall charge six (6%) percent of new CITY CSA 152 annual revenue for administration.
3. TERM OF AGREEMENT. The term of this Agreement shall commence on the date the Agreement is approved by the COUNTY. This agreement duration shall be for a period of five (5) years from the date of execution and with two (2) two-year renewal options subject to the written consent of both Parties.
4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this Agreement thirty (30) days after submitting written notice to the other Party. In the event termination becomes effective, termination shall constitute forfeiture by the terminating Party of its share of costs and administrative fees paid as described in Section 2 of this Agreement up to the effective date of termination. The terminating Party shall be responsible for all lawfully assessed penalties as a consequence of termination.
5. 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 representatives of the Parties.
6. GOVERNING LAW AND SEVERABILITY. This Agreement will be governed and construed in accordance with laws of the United States and the State of California. Any conflict between the terms of this Agreement and the provisions of such laws and regulations, the latter shall control. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired hereby.
7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be deemed waived and no breach excused, unless such a 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 consent to, waiver of, or excuse for any other different or subsequent breach.
Updated 09/2024
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter; all CSA 152 prior agreement, representations, customs, usage, statement, negotiations, and understandings are superseded hereby.
9. 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 or employees in the performance of this Agreement.
10. AUTHORIZED SIGNATURES. The Parties warrant and represent that the individuals signing this Agreement on their behalf can and do bind the Parties to the terms of this Agreement.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
Updated 09/2024
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written.
APPROVED:
COUNTY OF RIVERSIDE
On behalf of CSA 152
____________________________________
Victor Manuel Perez, Chairman
Board of Supervisors
ATTEST:
____________________________________
___________________, Clerk of the Board
APPROVED AS TO FORM:
____________________________________
Stephanie K. Nelson, County Counsel
APPROVED:
CITY OF MORENO VALLEY
_______________________________
Ulises Cabrera, Mayor
ATTEST:
_______________________________
M. Patricia Rodriguez, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, City Attorney
G:\CSA\CSA 152 NPDES\Admin Services Agreements 2025\City of Moreno Valley