2008/10/01 Riverside County Flood Control and Water Conservation District To provide land development reviewI
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OPERATIVE AGREEMENT
The RIVERSIDE COLJNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter called ,,DISTRICT,, and the ctry oF MENIFEE
hereinafter called 'CITY", hereby agree as follows:
RTCITALS
A.
B.
C.
D.
NOW,
CITY was oflicially established on October l, 200g.
DISTRICT has, prior to the establishment of crry, provided rand development review
and recommendations to the county of Riverside for land development applications
located within unincorporated portions of Riverside county, incruding those areas now
located within the jurisdictional timits of CITy.
GITY desires to contract with DISTRICT to provide said land development review and
recommendations for land development applications located within CITY,S
jurisdictional boundaries as of October 1,200g.
DISTRICT and clrY 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. PRO ECT
Upon written request of crry, DISTRICT shalr provide review of 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, Recramation permits, and pretiminary water euality
Management Plans (WQMP) prior to cITy council's approval. Upon written request of
clrY, DISTRICT shall provide review of final weMp, Environmental constrainr
sheet, and the final map review prior to map recordation subsequent to crry council's
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initial approval. As pa.t of said review, DISTRICT shall provide comments and
recommendations in support of crry'S Subdivision Review processing related to Flood
control Improvements as further described in Attachment ',A,,, attached hereto and made
a part hereof.
2. SCOPE OF SERVICES
DISTRICT shall perform flood hazard investigations for proposed projects mentioned
above in Section 1., located within city jurisdictional limits, consistent with the
califomia Subdivision Map Act and ordinance 460 of the county or Riverside, which
ordinance clrY has adopted into its ordinances. Arl review services shall be performed
by District on an "as-needed" basis as determined and requested in writing by cITy.
A scnDtloDe of Services
B
Services to be performed by DISTRICT shall consist of Flood Hazard
investigation and review of proposed subdivision and other land use cases, review
of hydrotogy reports and hydraulic analyses, and review of Water euality
Management Plans, as further described in Attachment ',A,'.
Study Standards
unless stated otherwise in this Agreement or as otherwise directed by crry, all
services performed under this Agreement shalr be performed in conrormance with
the applicable provisions of State raw, including the Subdivision Map Act, county
of Riverside ordinances, clry ordinances, and in conformance with DISTRICT
standards
C. Suooort Information
When a wfitten 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 crry's general pran, and the initial
deposit fee as stated in Section 4. of this agreement.
D. DIS CITY Cclordination and Case Review
DISTRICT shall comprete 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 witten recommendations to CITy.
DISTRICT staff shall periodically meet with crry staff at mutually agreed upon
times to provide overview of the review of each case.
3. ASSISTANCEBYD ISTRICT
DISTRICT shall assign a staff engineer to coordinate with cITy 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, cITy shall coordinate matters directry 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 SATION
DISTRICT shall be compensated by the applicant for its services performed and
expenses incurred in accordance with the current rates set forth on Attachment,'B,'
attached hereto and made a part hereof. cunent 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 emproyee time charges in increments ofone tenth oran
hour (0'10 hr.) and shall keep employee and expense records according to customary
accounting methods and itemized by case number. Upon crry,s written request, such
records shall be available for inspection to verify 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). crry shall forward development review case to
DISTRICT with proper initiar 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, crry shal ensure that the case has no
negative balance due. Furthermore, cITy shal not allow map recordation and/or
issuance of permits until all balance dues are paid in full.
@
GITY shall indemnify and hord harmress DISTRICT (incruding its directors, officers,
Board of Supervisors, elected and appointed officials, 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 cITy,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 ofany kind or nature whatsoever.
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clrY shall defend, at its sole expense, incruding all costs and fees (incruding but not
limited to attorney fees, cost of investigation, defense and settlements or awards),
DISTRICT (its directors, officers, Board of Supervisors, erected and appointed officials,
employees, agents and representatives) in any claim, proceeding or action for which
indemnifi cation is required.
with respect to any of clrY'S indemnification requirements, clry shall, at its sole cost,
have the right to use counser of their own choice and sha 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 crry'S indemnification obrigations to
clrY'S indemnification obligations shalr be sarisfied when crry has provided to
DISTRICT the appropriate form of dismissar (or similar document) relieving DTSTRICT
from any liability for the claim, proceeding or action involved.
DISTRICT shall indemnifu and hold harmless crry (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 misconduct, acts or omissions rerated 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) bod y injury or death;
or (c) any other element of any kind or nature whatsoever.
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DISTRICT.
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DISTRICT shall defend, ar irs 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 oftheir 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 adjustment, 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 clrY the appropriate form of dismissal (or similar document) relieving
CITY from any liability for the claim, proceeding or action involved.
6. WORKPROD UCT
7
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 DISTRICT cturent
adopted reproduction price tist.
LAW
This Agreement is to be construed in accordance with the laws of the State of califomia.
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 califomia located in
Riverside, catifomia and the parties waive any provision of law providing for a change
of venue to another location. Prior to the filing ofany legal action, the parties shall be
obligated to aftend 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 thereafter. 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 clrY 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 clrY in a timely and successful manner after receipt of
10.
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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 COI'NTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
CITY OF MENIFEE
29683 New Hub Drive, Suite C
Menifee, CA 92117
Attn: City Manager
12. EOUAL STANDIN G OF PARTIE S
This Agreement is the result of negotiations between the parties hereto, and the advice
and assistance oftheir respective counsel. The fact that this Agreement was prepared as
a matter of convenience by DISTNCT shall have no import or significance. Any
uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT
because DISTRICT prepared this Agreement in its final form.
I3. COMPLE TE AGREEMENTiCHANGES
This Agreement is intended by the parties 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:
By
WARREN D. WILLIAMS
General Manager-Chief Engineer
APPROVED AS TO FORM:
PAMELA J. WALLS
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RIVERSIDE COUNTY F'LOOD 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 Board
By
Deputy
(SEAL)
IN WITNESS WHEREOF, the pa(ies hereto have executed this Agreement on
Interim ty
B
NEAL R. KIPNIS
Deputy County
Engineering Services Agreement
IMG:JPS:blj
1122109
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ATTACHMENT ''A''
CASE RE VIEW PROCEDUIIIJ
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 (weMp) 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:
1) 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.
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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 applicant. If all information is
provided with the case, a report will be generated itemizing the above and a set of Conditions 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.
ENVIRoN MENTAL REVIEW
The lollowing 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 GEQA 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.
ATTACIIMENT TIBII
FT,IND 40660 . SIJEDIWSION OPERATIONS
DEPOSIT BASBD Ff,E CASE RATES
IROPOSED
rY 1@7{tt
NEGUI.AR
EOT'RLY
RATI,S
PROPOSED
rY 2007-0t
OVERTIME
EOURLY
RATES
C{,IRRXNT
RBCUI,IR
BOI'RLY
RATDS
CURXENT
OVXNTIME
EOIINLY
R TE!;
JOB TTTLE
JOB
CODE lS&Nolr ll (s..Nol. I
OAtr
OA Itr
Secretrry I
StatrAmtlEt U
Rcal Prspqty Agcnt tr
Rcal hqpcrty Ag€nr I
Supcrvising Rcal Prq Agcnt
Sr. Reat h@ Agcnt
Suprrv. IlDd Survcyor
,r. EngiDc€[
Asst. Enginoa
AssL Civil Engineer
Assoc. Engincer
Asoc. Civil Enginecr
Scnia Civil Enginecr
Flood Cqrt. Prtnctpal Engr.
Sr. knd Swrrc),rr
Asoc. Engr. - Air c Wt. Quatity qbnd
A6soc. EDg. - Air cr Wt. Quality Cont RE
Engr. Photographic Tcch
kincipal Constuctie Insprc!fi
Bngr, Aidc
Bngr. Tcch I
Engr. Tcch tr
Scnia Bnginccring Tcch .
Principal Eryr. Tcch
Scnicr Engir€ering Tcch Pl,VpE
Principal Engr. Tcch PLSVPE
13865
13866
13921
?4106
't49tE
't49t9
74920
74921
't640t
'76120
76421
7642,.
'16423
7@24
76425
16415
't64U
76r't7
76618
92't48
974t3
9?42t
91431
9'14!2
9't433
974y
91437
9743t
s46.00
5l.00
60.00
84.00
6t.00
5E,00
t 18.00
t07.00
154.00
103.00
I15.00
121.00
128.00
135.00
154.@
190.00
135.00
12E.00
135.00
8l.00
t 18.00
58.00
67.@
t3.00
97.00
I 12.00
102.00
I18.00
$46.00
5l.00
60.00
84.00
61.00
58.00
u8.00
107.00
154.00
103.00
I15.00
l2l.m
12E.00
135.00
154.00
N/A
135.00
128.00
t35.00
E 1.00
I r t.00
5E.@
67.00
83.00
97.@
l t2.00
102.00
I18.00
s35.45
41.69
4927
19.95
MA
10956
98.31
11924
t03.49
tt5i4
r22.10
t2228
12t.90
147.29
166.15
I15.61
1n2t
128.90
7!52
lv^
5l.90
56.52
75J0
84.94
98.59
89.62
10394
335,90
4222
49.89
7995
N/A
lvA
tr0.95
9955
t3924
104.80
I l?20
t73.65
123.83
t3053
t47.D
N/A
I15.61
123.E3
13053
't4.46
)vA
5255
57.24
16.46
86.02
99.84
90.75
105.26
NOTES:1) Total cog recovery fcr cach DBF Foject will be: l-) Thc appropriata DBF
hourly rate applied to aU direcl 6taf hours, plus; 2.) a[ clirect cbargrs toAccout No. 524820, Enginccring Scrviccs, plus; 3.) an Achninisiativc
Overh.ad charge of 19.26% applicd to all Enginccring Scrvicc chargcs to
recover tre Dstict,s indircct costs of srpporting cc[xsultxnt rcyiew€l casca.
2) nntes cffectivc
tpon approral by tIrc Berd ofSupcrviscrs.
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RECO ED o OVAL:
By
GEO
City anager
APPROVED AS TO FORM:
By
EL ETH MAR
City Anomey
Engineering Services Agreement
IMC:JPS:blj
U22t09
CI
By
TY OF
CE W. EDG TON
Mayor
AfiEST:
KATHY BENNETT
Ciry Clerk
By d
(SEAL)
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