1 ADMINISTRATIVE SERVICES AGREEMENT
2 FOR CSA 152 NPDES PROGRAM
3 BETWEEN
4 COUNTY OF RIVERSIDE AND CITY OF RIVERSIDE
5 6 The Administrative Services Agreement for CSA 152 NPDES Program ("Agreement"), 7 entered into as of this day of 2025 by the COUNTY OF RIVERSIDE 8 ("COUNTY") and the CITY OF RIVERSIDE ("CITY") (individually "Party" and collectively "Parties") 9 establishes the responsibilities and obligations of each Party concerning the management and 10 financing of COUNTY SERVICE AREA 152 NATIONAL POLLUTANT DISCHARGE 11 ELIMINATION SYSTEM ("CSA 152").
12 RECITALS
13 WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act 14 (CWA) [33 U.S.C. 1342(p)]; and,
15 WHEREAS, Section 402(p) requires certain municipalities, construction and industrial 16 facilities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before 17 discharging storm water into the waters of the United States; and, 18 WHEREAS, COUNTY and CITY have obtained or will obtain the appropriate municipal 19 NDES Permit as applicable for each of the three watersheds of the County of Riverside; and, 20 WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and 21 obligations associated with the municipal NPDES Permits and individual General NPDES 22 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; and, 25 WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 92- 26 519 on December 1, 1992; and,
27 WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this 28 Agreement that will benefit all Parties;
Updated 09/2024
1 NOW, THEREFORE, the Parties hereto do mutually agree as follows:
2 1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each Party shall be as 3 follows:
4 a. CITY shall assume the responsibilities and meet the requirements of CSA 152 5 administration for CITY by:
6 i. Providing additions to previous year's tax roll (if any) to be placed on the 7 upcoming fiscal year tax roll.
8 ii. Providing agenda item approving Benefit Assessment Unit (BAU) Levy 9 and CITY'S CSA 152 budget for each fiscal year.
10 ili. Notify COUNTY of any changes to Tax Rate Area of individual parcels to 11 be placed on Tax Roll.
12 iv. Research parcels that were rejected from list of Assessor Parcel 13 Numbers (APNs) submitted to COUNTY.
14 v. Notify COUNTY of any corrections to rejected parcels to be placed on 15 Tax Roll prior to Auditor Controllers deadline for submittal of APNs. 16 vi. Submit to COUNTY requests for reimbursement of actual expenditures 17 incurred under provision of approved CITY CSA 152 budget. 18 b. COUNTY shall assume the responsibilities and meet the requirements of CSA 19 152 administration for COUNTY and CITY by:
20 i. Forwarding of APNs received from CITY to Auditor Controller to be 21 placed on Tax Roll.
22 ii. Notify CITY of any rejected parcels.
23 ili. Forward CITY'S corrections of rejected parcels to Auditor Controller. 24 iv. Provide spreadsheet of CSA 152 assessments placed on tax roll and 25 fiscal year financial summary.
26 v. Collect assessment for CSA 152 on behalf of CITY. 27 vi. Reimburse CITY for actual expenditures incurred under provision of 28 approved CITY CSA 152 budget.
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1 2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of COUNTY 2 and CITY. COUNTY shall charge six (6%) percent of new CITY CSA 152 annual 3 revenue for administration.
4 3. TERM OF AGREEMENT. The term of this Agreement shall commence on the date the 5 Agreement is approved by the COUNTY. This agreement duration shall be for a period 6 of five (5) years from the date of execution and with two (2) two-year renewal options 7 subject to the written consent of both Parties.
8 4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this Agreement thirty 9 (30) days after submitting written notice to the other Party. In the event termination 10 becomes effective, termination shall constitute forfeiture by the terminating Party of its 11 share of costs and administrative fees paid as described in Section 2 of this Agreement 12 up to the effective date of termination. The terminating Party shall be responsible for all 13 lawfully assessed penalties as a consequence of termination. 14 5. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by mutual 15 consent of the Parties to the Agreement. No amendment to this Agreement shall be 16 effective unless it is in writing and signed by the duly authorized representatives of the 17 Parties.
18 6. GOVERNING LAW AND SEVERABILITY. This Agreement will be governed and 19 construed in accordance with laws of the United States and the State of California. Any 20 conflict between the terms of this Agreement and the provisions of such laws and 21 regulations, the latter shall control. If any provision or provisions of this Agreement shall 22 be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of 23 the remaining provisions shall not in any way be affected or impaired hereby. 24 7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be deemed 25 waived and no breach excused, unless such a waiver or consent is in writing and signed 26 by the Party so waiving or consenting. Any consent by any Party to, or waiver of, a 27 breach by the other Party, whether expressed or implied, shall not constitute consent to, 28 waiver of, or excuse for any other different or subsequent breach.
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1 8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the entire 2 agreement between the Parties with respect to the subject matter; all CSA 152 prior 3 agreement, representations, customs, usage, statement, negotiations, and 4 understandings are superseded hereby.
5 9. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party from 6 liability or damages resulting from its own acts or omissions including those of its officers 7 or employees in the performance of this Agreement.
8 10. AUTHORIZED SIGNATURES. The Parties warrant and represent that the individuals 9 signing this Agreement on their behalf can and do bind the Parties to the terms of this 10 Agreement.
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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above 2 written.
3 4
COUNTY OF RIVERSIDE, CITY OF RIVERSIDE
5 On behalf of CSA 152
6 7
8 Chairman, Board of Supervisors City Manager
9 10
Approved as to Form Approved as to Form
11 County Counsel City Attorney
12 13
14 BY_
15 16
ATTEST: ATTEST:
17 Clerk of the Board City Clerk
18 19
20 BY BY_
21 22
23 24
25 26
27 G:ICSAICSA 152 NPDESIAdmin Services Agreements 2025\City of Riverside 28
Updated 09/2024