2008/10/01 Riverside County Flood Control and Water Conservation District Review Parcel Maps, Tract Maps, Environmental Impact Reports, Water Quality Plans WARREN D. WILLIAMS 1995 MARKET STREET
General Manager-Chief Engineer RIVERSIDE,CA 92501
951.955.1200
FAX 951.788.9965
www.floodcontrol.co.riverside.ca.us
1235032
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
January 29, 2009
eael
Mr. Gary Thompson FEB 0
City Treasurer/Transition Coordinator BY.
City of Menifee
29683 New Hub Drive, Suite C
Menifee, CA 92117
Dear Mr. Thompson: Re: Cooperative Agreement
Development Review Services
Enclosed herewith for approval and execution by the City are four copies of the subject agreement.
Following execution, please return all four copies to this office for processing. Upon approval by the.
District's Board of Supervisors, a copy of the fully executed agreement will be returned for the City's
file.
Thank you for your assistance. If you have any questions, please feel free to contact me at
951.955.1282.
Very truly yours,
IMAD M. GUIRGUIS
Engineering Project Manager
Enclosures
c: Mekbib Degaga _
Don Delgadillo _�
Dale Anderson
Accounts Receivable
Sharon Johnson
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122181_9
1 COOPERATIVE AGREEMENT
2 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
3 CONSERVATION DISTRICT, hereinafter called "DISTRICT" and the CITY OF MENIFEE
4 hereinafter called "CITY", hereby agree as follows:
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RECITALS
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7 A. CITY was officially established on October 1, 2008.
8 B. DISTRICT has, prior to the establishment of CITY, provided land development review
9 and recommendations to the County of Riverside for land development applications
10 located within unincorporated portions of Riverside County, including those areas now
11 located within the jurisdictional limits of CITY.
12 C. CITY desires to contract with DISTRICT to provide said land development review and
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14 recommendations for land development applications located within CITY'S
15 jurisdictional boundaries as of October 1, 2008.
16 D. DISTRICT and CITY desire to define herein the terms and conditions under which
17 DISTRICT will provide land development review services to CITY.
18 NOW, THEREFORE, the parties hereto mutually agree as follows:
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1. PROJECT
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21 Upon written request of CITY, DISTRICT shall provide review of Parcel Maps, Tract
22 Maps, Specific Plans, Environmental Impact Reports and the associated applicable
23 environmental documents, Plot Plans, Conditional Use Permits, Public Use Permits,
24 Surface Mining Permits, Reclamation Permits, and preliminary Water Quality
25 Management Plans (WQMP)prior to CITY Council's approval. Upon written request of
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CITY, DISTRICT shall provide review of final WQMP, Environmental Constraint
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28 Sheet, and the final map review prior to map recordation subsequent to CITY Council's
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1 initial approval. As part of said review, DISTRICT shall provide comments and
2 recommendations in support of CITY'S Subdivision Review processing related to Flood
3 Control Improvements as further described in Attachment "A", attached hereto and made
4 a part hereof.
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2. SCOPE OF SERVICES
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7 DISTRICT shall perform flood hazard investigations for proposed projects mentioned
8 above in Section 1., located within City jurisdictional limits, consistent with the
9 California Subdivision Map Act and Ordinance 460 of the County of Riverside, which
10 ordinance CITY has adopted into its ordinances. All review services shall be performed
11 by District on an "as-needed" basis as determined and requested in writing by CITY.
12 A. Description of Services
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14 Services to be performed by DISTRICT shall consist of Flood Hazard
15 investigation and review of proposed subdivision and other land use cases, review
16 of hydrology reports and hydraulic analyses, and review of Water Quality
17 Management Plans, as further described in Attachment "A".
18 B. Study Standards
19 Unless stated otherwise in this Agreement or as otherwise directed by CITY, all
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21 services performed under this Agreement shall be performed in conformance with
22 the applicable provisions of State law, including the Subdivision Map Act, County
23 of Riverside Ordinances, CITY Ordinances, and in conformance with DISTRICT
24 standards.
25 C. Support Information
26 When a written request for subdivision or development review is made, CITY
27 shall forward to DISTRICT the case to be reviewed along with any pertinent
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1 information related to the case, including CITY'S general plan, and the initial
2 deposit fee as stated in Section 4. of this agreement.
3 D. DISTRICT/CITY Coordination and Case Review
4 DISTRICT shall complete each case review within thirty (30) calendar days from
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6 date of receipt by DISTRICT, or such alternate date as may be mutually agreed
7 upon, and shall submit its written recommendations to CITY.
8 DISTRICT staff shall periodically meet with CITY staff at mutually agreed upon
9 times to provide overview of the review of each case.
10 3. ASSISTANCE BY DISTRICT
11 DISTRICT shall assign a staff engineer to coordinate with CITY in connection with any
12 case to be reviewed under this Agreement. Throughout the development review process,
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14 DISTRICT staff shall be available for regular consultation with CITY staff as needed.
15 where the need arises from a lack of technical clarity or incompleteness with regard to
16 the development proposal being reviewed, CITY shall coordinate matters directly with
17 the developer or the developer's engineer during the course of the case review process.
18 CITY shall be responsible for responding to all inquiries from the developer or the
19 developer's engineer concerning comments and recommended Conditions of Approval,
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conformance with CITY engineering and maintenance standards, release of grading
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22 permits, building permits, final occupancy permits, and final map recordation.
23 4. DISTRICT'S COMPENSATION
24 DISTRICT shall be compensated by the applicant for its services performed and
25 expenses incurred in accordance with the current rates set forth on Attachment "B"
26 attached hereto and made a part hereof. Current rates for vehicles, equipment, services
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1 and administrative costs are subject to periodic change as approved by the DISTRICT
2 Board of Supervisors.
3 DISTRICT shall account for all employee time charges in increments of one tenth of an
4 hour (0.10 hr.) and shall keep employee and expense records according to customary
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6 accounting methods and itemized by case number. Upon CITY'S written request, such
7 records shall be available for inspection to verify the invoices of DISTRICT.
8 All cases shall be reviewed on a deposit based fee with an initial minimum deposit of
9 five thousand dollars ($5,000.00). CITY shall forward development review case to
10 DISTRICT with proper initial deposit. DISTRICT shall invoice the developer every
11 thirty (30) days thereafter, with a copy of each invoice being sent to the CITY.
12 Prior to taking a case to the hearing body, CITY shall ensure that the case has no
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14 negative balance due. Furthermore, CITY shall not allow map recordation and/or
15 issuance of permits until all balance dues are paid in full.
16 5• INDEMNITY AND HOLD HARMLESS
17 CITY shall indemnify and hold harmless DISTRICT (including its directors, officers,
18 Board of Supervisors, elected and appointed officials, employees, agents and
19 representatives) from any liability, claim, damage, proceeding or action g � p g , present or
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21 future, based upon, arising out of or in any way relating to CITY'S (including its
22 officers, elected and appointed officials, employees, subcontractors and agents) actual or
23 alleged negligent, reckless or willful misconduct, acts or omissions related to this
24 Agreement, performance under this Agreement, or failure to comply with the
25 requirements of this Agreement, including but not limited to: (a) property damage; (b)
26 bodily injury or death; or(c) any other element of any kind or nature whatsoever.
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1 CITY shall defend, at its sole expense, including all costs and fees (including but not
2 limited to attorney fees, cost of investigation, defense and settlements or awards),
3 DISTRICT (its directors, officers, Board of Supervisors, elected and appointed officials,
4 employees, agents and representatives) in any claim, proceeding or action for which
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indemnification is required.
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7 With respect to any of CITY'S indemnification requirements, CITY shall, at its sole cost,
8 have the right to use counsel of their own choice and shall have the right to adjust, settle
9 or compromise any such claim, proceeding or action without the prior consent of
10 DISTRICT; provided, however, that such adjustment, settlement or compromise in no
11 manner whatsoever limits or circumscribes CITY'S indemnification obligations to
12 DISTRICT.
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14 CITY'S indemnification obligations shall be satisfied when CITY has provided to
15 DISTRICT the appropriate form of dismissal (or similar document) relieving DISTRICT
16 from any liability for the claim,proceeding or action involved.
17 DISTRICT shall indemnify and hold harmless CITY (including its officers, elected and
18 appointed officials, employees, subcontractors and agents) from any liability, claim,
19 damage, proceeding or action
g � p g ,present or future, based upon, arising out of or in any way
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21 relating to DISTRICT'S (including its directors, officers, Board of Supervisors, elected
22 and appointed officials, employees, agents and representatives) actual or alleged
23 negligent, reckless or willful misconduct, acts or omissions related to this Agreement,
24 performance under this Agreement, or failure to comply with the requirements of this
25 Agreement, including but not limited to: (a)property damage; (b) bodily injury or death;
26 or(c) any other element of any kind or nature whatsoever.
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1 DISTRICT shall defend, at its sole expense, including all costs and fees (including but
2 not limited to attorney fees, cost of investigation, defense and settlements or awards),
3 CITY (including its officers, elected and appointed officials, employees, subcontractors
4 and agents) in any claim,proceeding or action for which indemnification is required.
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6 With respect to any of DISTRICT'S indemnification requirements, DISTRICT shall, at
7 its sole cost, have the right to use counsel of their own choice and shall have the right to
8 adjust, settle or compromise any such claim, proceeding or action without the prior
9 consent of CITY; provided, however, that such adjustment, settlement or compromise in
10 no manner whatsoever limits or circumscribes DISTRICT'S indemnification obligations
11 to CITY.
12 DISTRICT'S indemnification obligations shall be satisfied when DISTRICT has
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14 provided to CITY the appropriate form of dismissal (or similar document) relieving
15 CITY from any liability for the claim,proceeding or action involved.
16 6• WORK PRODUCT
17 All calculations, maps, field notes, reports or other materials produced by DISTRICT in
18 the performance of the services described herein shall become and remain the sole
19 property of DISTRICT. Upon written request by CITY, DISTRICT shall provide copies
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21 of all such information, at the cost incurred by DISTRICT, based on DISTRICT current
22 adopted reproduction price list.
23 7. LAW
24 This Agreement is to be construed in accordance with the laws of the State of California.
25 If any provision of this Agreement is held by a court of competent jurisdiction to be
26 invalid, void or unenforceable, the remaining provisions shall be declared severable and
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shall be given full force and effect to the extent possible.
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1 Any legal action, in law or equity, related to the performance or interpretation of this
2 Agreement shall be filed only in the Superior Court for the State of California located in
3 Riverside, California and the parties waive any provision of law providing for a change
4 of-venue to another location. Prior to the filing of any legal action, the parties shall be
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6 obligated to attend a mediation session with a neutral mediator to try to resolve the
7 dispute.
8 8. WAIVER
9 Any waiver by either party of any breach of any one or more of the terms of this
10 Agreement shall not be construed to be a waiver of any subsequent or other breach of the
11 same or of any other term thereof. Failure on the part of either party to require exact,
12 full and complete compliance with any terms of this Agreement shall not be construed as
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14 in any manner changing the terms hereof or estopping either party from enforcement
15 hereof.
16 9. TERM
17 The term of this Agreement shall start on the date the Agreement is approved by the
18 DISTRICT'S Board of Supervisors, and shall terminate one year thereafter. The term
19 may be extended for one year periods thereafter upon the mutual written consent of
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DISTRICT'S General Manager-Chief Engineer and CITY.
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10. TERMINATION
22
23 This Agreement may be terminated by either CITY or DISTRICT upon written notice to
24 the other party in the event of substantial failure of performance by the other party.
25 CITY may terminate this Agreement at any time should DISTRICT fail to perform the
26 work as required. In the event of such termination, DISTRICT shall be paid for work
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completed and delivered to CITY in a timely and successful manner after receipt of
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1 notification and CITY may proceed with the work in any manner deemed proper by
2 CITY.
3 DISTRICT and CITY each reserve the right to terminate this Agreement at their sole
4 discretion and without cause upon thirty (30) calendar day's written notice to the other
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6 party. In the event of such termination, DISTRICT is entitled to payment from the
7 deposit or applicant (in accordance with the rates set forth on Attachment "B" attached
8 hereto and made a part hereof) for all services performed in accordance with this
9 Agreement up to and including the date written notice of Agreement termination is
10 received by the party receiving such notice.
11 11. NOTICES
12
Any notices sent or required to be sent to either party shall be mailed to the following
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addresses:
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15 RIVERSIDE COUNTY FLOOD CONTROL CITY OF MENIFEE
AND WATER CONSERVATION DISTRICT 29683 New Hub Drive, Suite C
16 1995 Market Street Menifee, CA 92117
Riverside, CA 92501 Attn: City Manager
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12. EQUAL STANDING OF PARTIES
18
19 This Agreement is the result of negotiations between the parties hereto, and the advice
20 and assistance of their respective counsel. The fact that this Agreement was prepared as
21 a matter of convenience by DISTRICT shall have no import or significance. Any
22 uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT
23 because DISTRICT prepared this Agreement in its final form.
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13. COMPLETE AGREEMENT/CHANGES
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26 This Agreement is intended by the parties hereto as a final expression of their
27 understanding with respect to the subject matter hereof and as a complete and exclusive
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1 statement of the terms and conditions thereof and supersedes any and all prior and
2 contemporaneous agreements and understandings, oral or written, in connection
3 therewith. This Agreement may be changed or modified only upon the written consent
4 of the parties hereto.
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1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
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3 (to be filled in by Clerk of the Board)
4 RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
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By By
6 WARREN D. WILLIAMS MARION ASHLEY, Chairman
General Manager-Chief Engineer Riverside County Flood Control and Water
7 Conservation District Board of Supervisors
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APPROVED AS TO FORM: ATTEST:
9
PAMELA J. WALLS r NANCY ROMERO
10 Interim Co ty Come - Clerk of the Board
11 By By
12 NEAL R. KIPNIS Deputy
Deputy County Counsel
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14 (SEAL)
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Engineering Services Agreement
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1/22/09
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1 ATTACHMENT "A"
2 CASE REVIEW PROCEDURE
3 The cases that will be reviewed include the following: Parcel Maps, Tract Maps, Specific Plans,
4 Environmental Impact Reports and the associated applicable environmental documents, Plot
5 Plans, Conditional Use Permits, Public Use Permits, Surface Mining Permits, Reclamation
6
7 Permits, and preliminary Water Quality Management Plans (WQMP) prior to CITY Council's
8 approval. Also: review of final WQMP, Environmental Constraint Sheet, and the final map
9 review prior to map recordation subsequent to CITY Council initial approval. The following
10 items are typically needed for a proper review of a case:
11 1) All exhibits must be clearly drawn, legible, and shall include all pertinent information
12 required to review each exhibit. Samples of said pertinent information can be found in
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the applicable applications for each type of case at the Riverside County Planning
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15 Department; and
16 2) Water Quality Management Plans (WQMP) shall be prepared in accordance with the
17 latest Riverside County WQMP manual plans.
18 The review will consist of a thorough investigation of flood hazards, including but not limited to
19 hydrologic and hydraulic calculations, and Water Quality Management Plans.
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Cases will be reviewed to determine:
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1) If there are any offsite flows impacting the site;
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23 2) How the applicant proposes to protect the project from onsite and offsite flows;
24 3) How the applicant proposes to collect and convey all onsite and offsite flows to an
25 adequate outlet; and
26 4) The adequacy of the proposed WQMP.
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1 Should the exhibit be deficient in the necessary information, a report itemizing the deficiencies
2 will be generated and sent to the CITY with a copy to the applicant. If all information is
3 provided with the case, a report will be generated itemizing the above and a set of Conditions of
4 Approval (COA) will be issued for the case. All COA's will have a Flood Hazard Report and a
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set of conditions that need to be met at various milestones of the project.
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ENVIRONMENTAL REVIEW
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8 The following guidelines provide the minimum standards of practice expected in reviewing
9 environmental related documents submitted as part of the land development review process.
10 1. California Environmental Quality Act(CEQA).
11 a. Review appropriate CEQA documents including Initial Study or Environmental
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Impact Report, if applicable, to evaluate if potential impacts to biological resources,
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14 hydrology and water quality associated with the construction, operation and
15 maintenance of the proposed onsite and offsite drainage facilities were appropriately
16 addressed.
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ATTACHMENT "B"
FUND 40660-SUBDIVISION OPERATIONS
DEPOSIT BASED FEE CASE RATES
PROPOSED PROPOSED CURRENT CURRENT
FY 2007-08 FY 2007-08 REGULAR OVERTIME'
REGULAR OVERTIME HOURLY HOURLY
HOURLY HOURLY RATES RATES
JOB RATES RATES
JOB TITLE CODE (See Note 1) (See Note 1)
OA II 13865 $46.00 $46.00 $35A5 $35.90
OA III 13866 51.00 51.00 41.69 42.22
Secretary I 13923 60.00 60.00 4927 49.89
StaffAnalyst lI 74106 84.00 84.00 7995 7995
Real Property Agent II 74918 61.00 61.00 N/A N/A
Real Property Agent I 74919 .58.00 58.00 N/A MA
Supervising Real Prop Agent 74920 118.00 118.00 10956 110.95
Sr.Real Prop Agent' 74921 107.00 107.00 98.31 9955
Superv.Land Surveyor 76403 154.00 154.00 139.24 139.24
Jr-Engineer 76420 103.00 103.00 103A9 104.80
Asst.Engineer 76421 115.00 115.00 115.74 117.20
Asst.Civil Engineer 76422 121.00 121.00 122.10 123.65
Assoc.Engines 76423 128.00 128.00 122.28 123.93
Assoc.Civil Engineer 76424 135.00 135.00 128.90 13053
Senior Civil Engineer 76425 154.00 154.00 147.29 147.29
Flood Cont.Principal Engr. 76475 190.00 N/A 166.15 N/A
Sr.Land Surveyor 76494 135.00 135.00 115.61 115.61
Assoc.Engr.-Air or Wtr.Quality Control 76617 128.00 129.00 12228 123.83
Assoc.Engr.-Air or Wtr.Quality Cont.RE 76618 135.00 135.00 128.90 13053
Engr.Photographic Tech 92748 81.00 81.00 7352 74.46
Principal Construction Inspector 97413 118.00 118.00 N/A N/A
Engr.Aide 97421 58.00 58.00 51.90 52.55
Engr.Tech I 97431 67.00 67.00 56.52 57.24
Engr.Tech lI 97432 83.00 93.00 75.50 76.46
Senior Engineering Tech • 97433 97.00 97.00 84.94 86.02
Principal Engr.Tech 97434 112.00 112.00 98.59 99.84
Senior Engineering Tech PLS/PE 97437 102.00 102.00 89.62 90.75
Principal Engr.Tech PIS/PE 97438 118.00 118.00 10394 105.26
NOTES:
I) Total cost recovery for each DBF project will be: 1.)The appropriate DBF
hourly rate applied to all direct staff hours,plus; 2.)all direct charges to
Account No.524820,Engineering Services,plus; 3.) an Administrative
Overhead charge of 19.26%applied to all Engineering Service charges to
recover the District's indirect costs of supporting consultant reviewed cases.
2) Rates effective+Pon approval by the Board of Supervisors.
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2 RECO N ED OR OVAL: CITY OF E EE
B y
3 Y B
GEO N Z A ACE W. EDGERTON -
4 City anager Mayor
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6 APPROVED AS TO FORM: ATTEST:
7 KATHY BENNETT
City Clerk n
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B By
911 ELIZ ETH MARTYN
City Attorney
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(SEAL)
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Engineering Services Agreement
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