2014/09/09 Riverside, County FY 15 - TLMA Planning Services1
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE COUNTY OF RIVERSIDE
AND THE CITY OF MENIFEE
The County of Riverside, California (hereinafter "COUNTY"), and the City of Menifee, California
(hereinafter "CITY"), hereby agree as follows:
RECITALS
A. CITY desires that the COUNTY's Planning Department, including the Environmental
Programs Division within the Transportation & Land Management Agency (hereinafter
"TLMA") provide certain professional services for CITY.
B. Services by any other County departments or agencies are not the subject of this
Agreement.
C. COUNTY and CITY desire to define the scope of the professional services to be provided
and the terms and conditions pursuant to which COUNTY will provide the professional
services.
NOW THEREFORE, the parties hereto mutually agree as follows:
SECTION 1 - RECITALS INCORPORATED
The foregoing recitals are incorporated herein and made a part of this Agreement by this
reference.
SECTION 2 - ADMINISTRATION
The TLMA Director, or his designee, shall administer this Agreement on behalf of COUNTY
(hereinafter "COUNTY'S contract administrator"). The CITY manager, or his designee, shall
administer this Agreement on behalf of CITY (hereinafter "CITY'S contract administrator").
SECTION 3 - SCOPE OF SERVICES
SEP 0 9 2014,
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Upon CITY'S request and COUNTY'S acceptance as set forth herein, COUNTY shall provide
the professional services described in Attachment A to this Agreement, (hereinafter
"professional services"). COUNTY, or consultants under contract to COUNTY, if any, shall
comply with CITY codes and applicable state statutes in providing the professional services.
COUNTY shall work directly with CITY and its staff in providing the professional services and
shall consult with CITY staff as necessary. COUNTY shall not be required to, and shall not,
respond to any person or entity other than CITY concerning the professional services it
provides. CITY shall be responsible for responding to all such persons or entities as set forth
herein.
SECTION 4 - REQUESTS FOR SERVICES
CITY may use any desired means or process to decide whether to request professional
services. CITY may request professional services for a single project or a group or class of
projects. CITY shall make all requests for professional services in writing and CITY'S contract
administrator shall send such requests to COUNTY'S contract administrator. Before
requesting professional services, CITY'S contract administrator may ask COUNTY'S contract
administrator for a written estimate of the cost of the services.
SECTION 5 - APPROVAL OF REQUESTS
Upon receipt of CITY's written request for services, COUNTY'S contract administrator shall
notify CITY'S contract administrator and the appropriate TLMA department in writing that the
request has been received. If the appropriate TLMA department has an established procedure
for providing the professional services requested (hereinafter "service delivery procedure"), the
aforementioned written notification to CITY shall include a copy of the service delivery
procedure. Services shall be provided in accordance with the service delivery procedure
provided unless the parties mutually agree to a different procedure. COUNTY shall not
provide professional services if the request for such services is not made and approved in the
manner described above.
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SECTION 6 — DANGEROUS CONDITION EXCEPTION
Notwithstanding the provisions of Section 4. and 5. of this Agreement, COUNTY is hereby
authorized to immediately remedy any dangerous condition it encounters in the course of
providing professional services, and CITY hereby agrees to pay the costs incurred by
COUNTY for such remediation. For purposes of this Agreement, a dangerous condition shall
be any condition that may result in imminent personal injury or property damage. COUNTY
contract administrator shall promptly notify CITY contract administrator of any dangerous
condition remedied pursuant to this exception.
SECTION 7 - PERTINENT INFORMATION
Once a request for professional services has been made and accepted in the manner
described above, CITY'S contract administrator shall promptly transmit to COUNTY'S contract
administrator all pertinent information concerning the project or group or class of projects.
Such information shall include, but not be limited to, CITY'S case file(s) including any
applicable development application and applicant submitted documents related to the
development application; CITY'S approvals; CITY'S applicable codes; CITY'S General Plan;
any applicable specific plans or any other land use approvals; and any reports including but
not limited to those reports relating to biology, cultural resources, paleontology or geology.
SECTION 8 - PERSONNEL
In providing the professional services described in this Agreement, COUNTY and its staff shall
be considered independent contractors and shall not be considered CITY employees for any
purpose. COUNTY staff shall at all times be under COUNTY'S exclusive direction and control.
COUNTY shall pay all wages, salaries and other amounts due such personnel in connection
with their provision of the professional services and as required by law. COUNTY staff shall be
located at COUNTY facilities.
SECTION 9 — VEHICLES
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If CITY chooses to provide vehicles for COUNTY'S use in providing professional services, the
vehicles shall meet COUNTY'S specifications, shall be adequately equipped and ready for
service and shall be registered in the name of CITY. CITY -owned vehicles shall only be used
for CITY -approved functions. If CITY chooses to provide vehicles for COUNTY'S use, CITY
shall be responsible for the full cost of operating such vehicles, including, but not limited to,
insurance, fuel, maintenance, and licensing costs.
SECTION 10 - COST OF SERVICES
Unless the parties have mutually agreed to a set fee for professional services, CITY shall pay
COUNTY for all such services, including staff -to -staff consultations, at the hourly rates set forth
in Attachment B to this Agreement. CITY shall pay COUNTY for each hour of services it
provides, or each fraction of an hour billed at 1/10th increments, including any required travel
time. Notwithstanding the above, CITY shall pay COUNTY the full costs of producing any
aerial photographs, aerial maps or satellite images for CITY. COUNTY may increase these
rates subject to a 60 day written notice to CITY.
SECTION 11 - RECORDS and BILLING
COUNTY'S contract administrator shall submit to CITY'S contract administrator a monthly
invoice which shall include an itemized accounting of all services performed and the cost
thereof.
SECTION 12 - PAYMENTS
CITY shall pay each monthly invoice within thirty (30) days of the date CITY'S contract
administrator receives the invoice from COUNTY'S contract administrator. CITY may dispute
any monthly invoice by submitting a written description of the dispute to COUNTY'S contract
administrator within ten (10) days of the date CITY'S contract administrator receives the
invoice from COUNTY'S contract administrator. CITY may defer the payment of any portion of
the invoice in dispute until such time as the dispute is resolved; however, all portions of the
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invoice not in dispute must be paid within the thirty (30)-day period set forth herein.
SECTION 13 - DUTY TO INFORM AND RESPOND
CITY'S contract administrator shall promptly transmit to COUNTY'S contract administrator all
inquiries, complaints, and correspondence that CITY receives concerning professional
services provided by COUNTY. COUNTY'S contract administrator shall promptly transmit to
CITY'S contract administrator all inquiries, complaints, and correspondence that COUNTY
receives in the course of providing professional services. CITY shall be responsible for
responding to all such inquiries, complaints and correspondence.
SECTION 14 - NOTICES
Any notices required or permitted to be sent to either party shall be deemed given when
personally delivered to the individuals identified below or when addressed as follows and
deposited in the U.S. Mail, postage prepaid:
County of Riverside
Transportation & Land Management Agency
P.O. Box 1409
Riverside, CA 92502-1409
Attention: David Jones
Chief Engineering Geologist
SECTION 15 - OWNERSHIP OF DATA
City of Menifee
29714 Haun Rd.
Menifee CA 92586
Attention: Charles La Claire
Interim Community Development Director
Ownership and title to all reports, documents, plans, specifications, and estimates produced or
compiled pursuant to this Agreement shall automatically be vested in CITY and become the
property of CITY. CITY reserves the right to authorize others to use or reproduce such
materials and COUNTY shall not circulate such materials, in whole or in part, or release such
materials to any person or entity other than CITY without the authorization of CITY'S contract
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administrator.
SECTION 16 -CONFIDENTIALITY
COUNTY shall observe all Federal and State regulations concerning the confidentiality of
records.
SECTION 17 - INDEMNIFICATION
Indemnification by COUNTY. Excepted as provided below in the paragraph entitled "Special
Circumstances", COUNTY shall indemnify, defend and hold harmless CITY, its officials,
officers, employees and agents from all claims and liability for loss, damage, or injury to
property or persons, including wrongful death, based on COUNTY'S negligent acts, omissions
or willful misconduct arising out of or in connection with the performance of professional
services under this Agreement including, without limitation, the payment of attorney's fees.
Indemnification by CITY. CITY shall indemnify, defend and hold harmless COUNTY, its
officials, officers, employees and agents from all claims and liability for loss, damage, or injury
to property or persons, including wrongful death, based on CITY'S negligent acts, omissions or
willful misconduct arising out of or in connection with the performance of professional services
under this Agreement including, without limitation, the payment of attorney's fees.
Special Circumstances. CITY shall indemnify, defend, and hold harmless COUNTY, its
officials, officers, employees and agents, from all claims and liability resulting from any of the
following:
• The invalidity of CITY'S codes;
• California Environmental Quality Act, Brown Act or any other statutory violation; and
the design of City facilities, including, but not limited to, streets and sidewalks.
• How CITY decides to address, or prioritize actions addressing, alleged violations of
CITY'S codes.
• How CITY decides to maintain, or prioritize the maintenance of, CITY facilities,
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including, but not limited to, streets and sidewalks.
• How CITY decides to deploy, or prioritize the deployment of, school crossing guards.
• The design of CITY facilities, including, but not limited to, streets and sidewalks
constructed after July 1, 2009.
• CITY'S failure to provide pertinent information and inform as provided in Sections 7.
and 13. of this Agreement.
SECTION 18 - INSURANCE
The parties agree to maintain the types of insurance and liability limits that are expected for
entities of their size and diversity. The types of insurance maintained and the limits of liability
for each insurance type shall not limit the indemnification provided by each party to the other.
If CITY chooses to provide vehicles for COUNTY'S use, CITY shall maintain liability insurance
for the CITY -owned vehicles and insurance for any physical damage to the CITY -owned
vehicles in an amount equal to the replacement value of all vehicles provided. The vehicle
policies shall, by endorsement, name COUNTY, its agencies and departments and their
respective officials, officers, employees and agents as additional insureds.
SECTION 19 - IMMUNITIES
Nothing in this Agreement is intended to nor shall it impair the statutory limitations and/or
immunities applicable or available to the parties under State laws and regulations.
SECTION 20 - MODIFICATIONS
This Agreement may be amended or modified only by mutual agreement of the parties. No
alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated herein
shall be binding on any of the parties hereto.
SECTION 21 -WAIVER
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Any waiver by a party of any breach of one or more of the terms of this Agreement shall not be
construed to be a waiver of any subsequent or other breach of the same or of any other term
hereof. Failure on the part of either party to require exact, full and complete compliance with
any terms of this Agreement shall not be construed as changing in any manner the terms
hereof, or estopping that party from enforcing the terms hereof.
SECTION 22 - SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
SECTION 23 - TERM
Upon approval by the Riverside County Board of Supervisors, this Agreement shall be
effective as of July 1, 2014 and shall remain in effect until June 30, 2015 with the ability to
extend this Agreement for two (2) years, in one (1) year increments, unless terminated earlier.
Any request to extend this Agreement shall be submitted in writing by CITY to COUNTY. This
Agreement may be terminated by either party upon thirty (30) days written notice to the other
party.
SECTION 24 - ENTIRE AGREEMENT
The Agreement includes the following exhibit(s): Attachment A- Services, consisting of one (1)
page; Attachment B — Hourly Rates for Professional Services consisting of one (1) page. This
Agreement is intended by the parties as a final expression of their understanding with respect
to the subject matter hereof and supersedes any and all prior and contemporaneous
agreements and understandings, written or oral.
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APPROVALS
COUNTY Approvals
APPROVED AS TO FORM:
V Dated: 074
rincipal Deputy County Counsel
CITY Approvals
APPROVED AS TO FORM:
Dated:
City Attorney, City of Menifee
APPROVED BY BOARD OF SUPERVISORS: APPR V CITY COUNCIL:
i Dated: SEP 0 9 2014 W Dated:
Je e
C it , Riverside County Board r
of Supervisors
CLERK OF BOARD:
(SEAL)
ATTEST:
CITY CLERK,�:' ,/
By' t4VP� Dated: ald �Yl
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ATTACHMENT A - SERVICES
1. Upon request and acceptance as set forth in this Agreement, the Transportation & Land
Management Agency shall provide the following services: review public and private
development projects to ensure that such projects are consistent with the requirements of
State statutes and CITY codes; review public and private development projects to
determine the level of analysis needed for cultural, paleontological, landscape architect
review, geologic resources and transportation department services; review reports related
to these resources; prepare environmental analyses and documents for public and private
development projects; prepare conditions of approval and/or any necessary resolution for
public and private development projects; provide any other services customarily provided
by a City planning department.
2. Upon request and acceptance as set forth in this Agreement, the Environmental Programs
Division shall provide the following services: review public and private development
projects to ensure that such projects are consistent with Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP); prepare conditions of approval for public and
private development projects; process Habitat Acquisition and Negotiation Strategy (HANS)
applications and conduct Single -Family Expedited Review Processes as required by the
MSHCP; review biological reports and MSHCP consistency analyses; perform habitat
assessments and biological surveys.
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ATTACHMENT B
HOURLY RATES FOR PROFESSIONAL SERVICES
LA;
T"Y
Archaeological
Planning Department
Services
$138
N/A
Principal Planner
(including Geologic
and Paleontological
Department
Services)
$147
N/A
-Planning
Ecological Resources
Environmental Programs Division
Specialist 11
$110
N/A
Environmental Programs Division
Clerical
$54
N/A