2009/02/24 Riverside County Flood Control and Water Conservation District Water Quality Management Plans1
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COOPERATIVE AGREEMENT
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
coNSERvATIoN DISTRICT, hereinafter called',DISTRICT,,and the CITy oF MENIFEE
hereinafter called "CITY,, hereby agree as follows:
RECITALS
A.
B.
C.
D.
NOW,
CITY was officially established on October 1,200g.
DISTRICT has, prior to the establishment of crry, provided rand development review
and recommendations to the county of Riverside for land deveropment applications
located within unincorporated portions of Riverside county, including those areas now
located within the jurisdictional limits of CITy.
clrY desires to contract with DISTRICT to provide said land development review and
recommendations for land deveropment applications located within clTy's
jurisdictional boundaries as of October 1, 200g.
DISTRICT and GITY desire to define herein the terms and conditions under which
DISTRICT will provide land development review services to CITy.
THEREFORE, the parties hereto mutually agree as follows:
I. PROJECT
upon written request of clrY, DISTRICT shall provide review of parcel Maps, Tract
Maps, Specific Plans, Environmental Impact Reports and the associated appricable
environmental documents, Plot Plans, Conditional Use permits, public Use permits,
Surface Mining Permits, Reclamation permits, and preliminary Water euatity
Management Plans (wQMP) prior to clrY council's approval. Upon written request of
clrY, DISTRICT shall provide review of final weMp, Environmental constraint
Sheet, and the final map review prior to map recordation subsequent to CITy council's
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initial approval. As part of said review, DISTRICT shall provide comments and
recommendations in support of crry's subdivision Review processing related to Frood
control Improvements as further described in Attachment "A,', attached hereto and made
a part hereof.
SCOPE OF SERVICES
DISTRICT shall perform flood hazard investigations for proposed projects mentioned
above in section l., located within city jurisdictional limits, consistent with the
califomia Subdivision Map Act and ordinance 460 of the county of fuverside, which
ordinance clrY has adopted into its ordinances. All review services shall be performed
by District on an "as-needed" basis as determined and requested in writing by cITy.
A. Description of Services
Services to be performed by DISTRICT shall consist of Flood Hazard
investigation and review of proposed subdivision and other land use cases, review
of hydrology reports and hydraulic anaryses, and review of water euality
Management Plans, as further described in Attachment ',A,'.
B. Studv Standards
unless stated otherwise in this Agreement or as otherwise directed by clry, all
services performed under this Agreement shall be performed in conformance with
the applicable provisions of State law, including the Subdivision Map Act, county
of Riverside ordinances, clrY ordinances, and in conformance with DISTRICT
standards.
C. Support Information
When a written request for subdivision or development review is made, CITy
shall forward to DISTRICT the case to be reviewed along with any pertinent
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information related to the case, including clry'S general plan, and the initial
deposit fee as stated in Section 4. of this agreement.
D. DIS ICT/CITY Coordinat ion and Case Review
DISTRICT shall complete each case review within thirty (30) calendar days from
date of receipt by DISTRICT, or such altemate date as may be mutually agreed
upon, and shall submit its written recommendations to CITy.
DISTRICT staff shall periodically meet with cITy staff at mutually agreed upon
times to provide overview ofthe review ofeach case.
3. ASSISTANCE BY DISTRICT
DISTRICT shall assign a stalr engineer to coordinate with clry in connection with any
case to be reviewed under this Agreement. Throughout the development review process,
DISTRICT staff shall be available for regular consultation with clry staff as needed.
where the need arises from a lack of technical clarity or incompleteness with regard to
the development proposal being reviewed, clry shall coordinate matters directly with
the developer or the developer's engineer during the course ofthe case review process.
clrY shall be responsible for responding to all inquiries from the developer or the
developer's engineer conceming comments and recommended conditions of Approval,
conformance with CITY engineering and maintenance standards, release of grading
permits, building permits, final occupancy permits, and final map recordation.
4. DISTRICT'S COMPEN ION
DISTRICT shall be compensated by the applicant for its services performed and
expenses incuned in accordance with the current rates set forth on Attachment,'B,'
attached hereto and made a part hereof. Current rates for vehicles, equipment, services
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and administrative costs are subject to periodic change as approved by the DISTRICT
Board of Supervisors.
DISTRICT shall account for all employee time charges in increments of one tenth of an
hour (0'10 hr.) and shall keep employee and expense records according to customary
accounting methods and itemized by case number. Upon cITy,S written request, such
records shall be available for inspection to verifu the invoices of DISTRICT.
All cases shall be reviewed on a deposit based fee with an initial minimum deposit of
five thousand dollars ($5,000.00). clry shall forward development review case to
DISTRICT with proper initial deposit. DISTRICT shall invoice the developer every
thirty (30) days thereafter, with a copy ofeach invoice being sent to the CITy.
Prior to taking a case to the hearing body, cITy shall ensure that the case has no
negative balance due. Furthermore, clry shall not allow map recordation and/or
issuance of permits until all balance dues are paid in full.
5. INDEMNITY AND HOLD HARMLESS
cITY shall indemniff and hold harmless DISTRICT (including its directors, officers.
Board of Supervisors, elected and appointed offrcials, employees, agents and
representatives) from any liability, claim, damage, proceeding or action, present or
future, based upon, arising out of or in any way relating to clTy's (including its
officers, elected and appointed officials, employees, subcontractors and agents) actual or
alleged negligent, reckless or willful misconduct, acts or omissions related to this
Agreement, performance under this Agreement, or failure to comply with the
requirements of this Agreement, including but not limited to: (a) property damage; (b)
bodily injury or death; or (c) any other element of any kind or nature whatsoever.
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clrY shall defend, at its sole expense, incruding aI costs and fees (including but not
limited to attomey fees, cost of investigation, defense and settlements or awards),
DISTRICT (its directors, officers, Board of Supervisors, erected and appointed officiars,
employees, agents and representatives) in any claim, proceeding or action for which
indemnifi cation is required.
with respect to any of crry'S indemnification requirements, cITy sha[, at its sole cost,
have the right to use counsel of their own choice and shall have the right to adjust, settle
or compromise any such claim, proceeding or action without the prior consent of
DISTRICT; provided, however, that such adjustment, settlement or compromise in no
manner whatsoever limits or circumscribes clTy's indemnification obligations to
DISTRICT.
clrY'S indemnification obligations shall be satisfied when clry has provided to
DISTRICT the appropriate form of dismissal (or similar document) relieving DISTRICT
from any liability for the claim, proceeding or action involved.
DISTRICT shall indemnifo and hold harmless cITy (including its officers, elected and
appointed officials, employees, subcontractors and agents) from any liability, claim,
damage, proceeding or action, present or future, based upon, arising out ofor in any way
relating to DISTRICT'S (including its directors, officers, Board of supervisors, elected
and appointed officials, employees, agents and representatives) actual or alleged
negligent, reckless or willful misconducl, acts or omissions related to this Agreement,
performance under this Agreement, or failure to comply with the requirements of this
Agreement, including but not limited to: (a) property damage; (b) bodily injury or death;
or (c) any other element of any kind or nature whatsoever.
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DISTRICT shall defend, at its sole expense, including all costs and fees (including but
not limited to attomey fees, cost of investigation, defense and settlements or awards),
clrY (including its officers, elected and appointed officials, employees, subcontractors
and agents) in any claim, proceeding or action for which indemnification is required.
with respect to any of DISTRICT's indemnification requirements, DISTRICT shall, at
its sole cost, have the right to use counsel of their own choice and shall have the right to
adjust, settle or compromise any such claim, proceeding or action without the prior
consent of GITY; provided, however, that such adjustrnent, settlement or compromise in
no manner whatsoever limits or circumscribes DISTRICT'S indemnification obligations
to CITY.
DISTRICT'S indemnification obligations shall be satisfied when DISTRICT has
provided to cITY the appropriate form of dismissal (or similar document) relieving
CITY from any liability for the claim, proceeding or action involved.
6.W
7
RK PRODU
All calculations, maps, field notes, reports or other materials produced by DISTRICT in
the performance of the services described herein shall become and remain the sole
property of DISTRICT. Upon written request by cITy, DISTRICT shall provide copies
of all such information, at the cost incurred by DISTRICT, based on DISTNCT current
adopted reproduction price Iist.
LAW
This Agreement is to be construed in accordance with the laws of the state olcalifomia.
If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions shall be declared severable and
shall be given full force and effect to the extent possible.
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Any legal action, in law or equity, related to the performance or interpretation of this
Agreement shall be filed only in the Superior Court for the State of California located in
Riverside, Califomia and the parties waive any provision of law providing for a change
of venue to another location. Prior to the filing of any legal action, the parties shall be
obligated to attend a mediation session with a neutral mediator to try to resolve the
dispute.
WAIVER
Any waiver by either party of any breach of any one or more of the terms of this
Agreement shall not be construed to be a waiver ofany subsequent or other breach ofthe
same or of any other term thereof. 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
in any manner changing the terms hereof or estopping either party from enforcement
hereof.
TERM
The term of this Agreement shall start on the date the Agreement is approved by the
DISTRICT'S Board of Supervisors, and shall terminate one year lhereafter. The term
may be extended for one year periods thereafter upon the mutual written consent of
DISTRICT'S General Manager-Chief Engineer and CITY.
TERMINATION
This Agreement may be terminated by either CITY or DISTRICT upon written notice to
the other party in the event of substantial failure of performance by the other party.
CITY may terminate this Agreement at any time should DISTRICT fail to perform the
work as required. In the event of such termination, DISTRICT shall be paid for work
completed and delivered to CITY in a timely and successful manner after receipt of
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notification and CITY may proceed with the work in any manner deemed proper by
CITY.
DISTRICT and clrY each reserve the right to terminate this Agreement at their sole
discretion and without cause upon thirty (30) calendar day,s written notice to the other
party. In the event of such termination, DISTRICT is entitled to payment from the
deposit or applicant (in accordance with the rates set forth on Attachment ,'B,' attached
hereto and made a part hereof) for all services performed in accordance with this
Agreement up to and including the date written notice of Agreement termination is
received by the party receiving such notice.
NOTICES
Any notices sent or required to be sent to either party shall be mailed to the following
addresses:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
fuverside, CA 92501
CITY OF MENIFEE
29683 New Hub Drive, Suite C
Menifee, CA 92117
Attn: City Manager
12. EOUALSTAND G OF PARTIES
13
This Agreement is the result of negotiations between the parties hereto, and the advice
and assistance of their respective counsel. The fact that this Agreement was prepared as
a matter of convenience by DISTRICT shall have no import or significance. Any
uncertainty or ambiguity in this Agreement shall not be construed against DISTNCT
because DISTRICT prepared this Agreement in its final form.
COMPLETE AGREEMENT/CHANGES
This Agreement is intended by the parlies hereto as a final expression of their
understanding with respect to the subject matter hereof and as a complete and exclusive
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statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection
therewith. This Agreement may be changed or modified only upon the written consent
of the parties hereto.
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(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
B
WARREN D. WILLIAMS
General Manager-Chief Engineer
APPROVED AS TO FORM:
PAMEI-A J. WAI,I,S
Interim Co
B
NEAL R. KIPNIS
Deputy County Counse
Engineering Services Agreement
IMG:JPS:blj
1t22t09
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RSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
,BY
MARION ASHLEY, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:
NANCY ROMERO
Clerk of the
By
Deputy
(SEAL)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
FEB S 4 200e
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RECO ED
By
GEO
City
APPROVED AS TO FORM:
E ETH MAR
City Attorney
Engineering Services Agteement
IMG:JPS:blj
U22t09
OVAL: CITY F E EE
By
CE W. EDC TON
Mayor
By
AfiEST:
KATHY BENNETT
City Clerk
By
(SEAL)
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CASE REVIEW PROCEDURE
The cases that will be reviewed include the following: Parcel Maps, Tract Maps, Specific plans,
Environmental Impact Reports and the associated applicable environmental documents, Plot
Plans, conditional use Permits, Public Use permits, Surface Mining permits, Reclamation
Permits, and preliminary water Quality Management Plans (weMP) prior to clry council's
approval. Also: review of final WQMP, Environmental Constraint Sheet, and the final map
review prior to map recordation subsequent to clrY council initial approval. The following
items are typically needed for a proper review of a case:
l) All exhibits must be clearly drawn, legible, and shall include all pertinent information
required to review each exhibit. Samples of said pertinent information can be found in
the applicable applications for each type of case at the Riverside County Planning
Department; and
2) Water Quality Management Plans (WQMP) shall be prepared in accordance with the
latest Riverside County WQMP manual plans.
The review will consist ofa thorough investigation offlood hazards, including but not limited to
hydrologic and hydraulic calculations, and Water Quality Management Plans.
Cases will be reviewed to determine:
l) If there are any offsite flows impacting the site;
2) How the applicant proposes to protect the project from onsite and offsite flows;
3) How the applicant proposes to collect and convey all onsite and offsite flows to an
adequate outlet; and
4) The adequacy of the proposed WQMP.
ATTACHMENT ''A''
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Should the exhibit be deficient in the necessary information, a report itemizing the deficiencies
will be generated and sent to the clrY with a copy to the applicanr. If all information is
provided with the case, a report will be generated itemizing the above and a set ofConditions of
Approval (coA) will be issued for the case. All coA's will have a Flood Hazard Report and a
set ofconditions that need to be met at various milestones of the project.
ENVIRONMENTAL EW
The following guidelines provide the minimum standards of practice expected in reviewing
environmental related documents submitted as part ofthe land development review process.
l. Califomia Environmental Quality Act (CEQA).
a. Review appropriate CEQA documents including Initial Study or Environmental
Impact Report, if applicable, to evaluate if potential impacts to biological resources,
hydrology and water quality associated with the construction, operation and
maintenance of the proposed onsite and offsite drainage facilities were appropriately
addressed.
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ATTACHMENT ''8"
FTJND 40660 . SI]BDIITSION OPERATIONS
DEPOSIT BASED FEE CASE RAITS
JOB TTTLE
JOB
CODE (S.r Nota l)
PnotosED
FY 2007{6
Rf,GI'I,AR
EOI'RLY
RA,ITES
(S.. Not. l)
}ROPOSEI'
rY 2007{r
OYERTIME
EOI'RLY
RATES
CI,IRRENT
REGT,,I-A.R
EOIJRLY
RIITES
CI,RRENT
OVERTIMI
EOURLY
RATES
OAtr
OAIII
Scqrtary I
St trA.aalyrt U
Rcal Propcrty Ag<nt tr
Rcal Propaty Agld I
Supcrviring Rcal PN,p Agsnt
Sr. Rcsl ProP Agent
St+crY. tad Survcyq
Jr. Engine{r
Asrt. EngirEa
Asst Civil Engineer
Assoc, Engincer
Assoc. Civil Engineer
Senio Civil Engineer
Flood Curt. Prlricipal hgr.
Sr. Land Surveyr
Assoc. Engr. - At a Wt Quality Cqld
Assoc. Eog:. - Air cr'Wb. euality Cqtt RE
Engr. Photogr8phic Tcch
Principal Ccrstuctico lupectr
Engr. Ai&
Bngr. Tcch I
Engr. Tcch tr
Scoic Enginccring Tcch '
Principsl Eryr. Tcch
Scnior Bngineering Tech PLYPB
Principal Elgr, Tcch PLS/PE
13865
13E66
13923
74t06
?4918
14919
14v)0
'1492t
76403
'16420
16421
76422
164n
7il24
16425
't64'ts
7648/.
76611
76618
92748
97411
9742r
91431
97412
97433
g',t4y
91437
97438
3,16.00
51.00
60.00
84.00
6l,00
58.00
I 18.00
107.00
154.00
103.00
I15.00
121.00
128.00
135.00
154.00
190.00
135.00
12t.00
135.00
E 1.00
l18.00
58.m
67.@
t3.00
97.00
I 12.00
102.00
l I t.00
s35.45
41.69
4927
79.95
MA
lvA
109J6
9E3t
13924
103.49
ltsJ4
t22.10
t222E
128.90
147.29
l66.l s
I15.61
1222t
12E.90
7!52
lvA
51.90
56.52
75J0
u,94
9r.59
89.62
10394
33s.90
4222
49.89
19.95
N/A
}.
I10.95
9955
t1924
104.E0
tt120
123.65
123.83
130J3
t4'1.29
N/A
ll5.6l
123.83
130J3
't4.46
52.55
57.24
'16.46
85.02
99.84
90.?5
105.26
NOTES:l.) Total cos recovery fcr cach DBF project will be: l-) Ihc appropriatc DBF
hotrrly rat€ applicd to all direcr staf houB, plus; 2.) aU dircct charSes to
Accouot No. 52,4820, Enginccing Serviccs, plus; 3.) an A&ninistativc
Ovcrhcad charge of 19.25% applicd to all Enginecring Servicc chargcs to
recover thc Dsticl's indirect cGls of $ppsting ccnsultaqt rcvicwrd cascs,
2) Rntes cficctiye ripqr ap,provaf by the Bwd of Srpcrviscrs.
I of I
$46.00
5l.00
60.00
84.00
61.00
58.00
I18.00
107.00
154.00
103.00
I 15.00
l2l.@
t28.00
135.00
'154.00
N/A
13s.00
128.00
135.00
81.00
I 18.00
5E.@
6?.00
83.00
97.@
r 12.00
102.00
I18.00