251573
First Amendment To Cooperative Funding Agreement
Riverside Northside Specific Plan Master Drainage Plan
Project No. 1-0-10001
This First Amendment to Funding Agreement ("First Amendment"), dated _ 2023 is entered into by and between the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), and the City of Riverside, a municipal corporation ("CITY"). DISTRICT and CITY will be referenced herein individually as a "Party" and collectively as "Parties". Parties hereby agree as follows:
RECITALS
A. DISTRICT and CITY have entered into that certain Cooperative Funding Agreement dated August 17, 2021 [DISTRICT's Board Agenda Item No. 11.2], hereinafter called ("Original Agreement") to support the development of CITY's Northside Specific Plan's Master Drainage Plan Report to reduce the Federal Emergency Management Agency ("FEMA") floodplains and protect neighboring residents and businesses from street flooding in CITY's Northside area.
B. Pursuant to Original Agreement, DISTRICT desired to contribute a total amount not to exceed One Hundred Eighty Thousand Dollars ($180,000) for the preparation of CITY's Northside Specific Plan's Master Drainage Plan Report.
Subsequent to the execution of Original Agreement, DISTRICT and CITY, recognize the original estimates of costs will exceed DISTRICT's contribution described in Original Agreement. Therefore, due to mutual interests, DISTRICT and CITY agree to revise the amount of DISTRICT's financial contribution.
Original Agreement together with the First Amendment are collectively referred to herein as ("AGREEMENT").
Parties now desire to amend AGREEMENT to, i) remove reference to optional task from Original Agreement and include as part of the project costs, and ii) increase the total 251573
DISTRICT contribution not to exceed amount to Three Hundred Sixty-Three Thousand Five Hundred Thirty Dollars ($363,530).
F. Section III.18 of Original Agreement, specifies that it may be changed or modified subject to the written consent of Parties thereto.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, Parties hereto mutually agree to amend AGREEMENT as follows, effective upon approval of this First Amendment by DISTRICT's Board of Supervisors:
Recital D of AGREEMENT is hereby amended to read:
"DISTRICT's financial contribution towards preparation of MASTER DRAINAGE PLAN will pay for CITY's engineering costs as follows:
(i) CITY's selected consultant's proposal costs associated with: (a) assessment and study, hydrology and hydraulics development and reports, backbone storm drain recommendations, and schematic plan, and (b) CEQA determination, development impact fund
determination, and interim condition of Highgrove Channel overflow ("PROJECT COSTS"); and
(ii) CITY's selected consultant's proposal costs associated with Additional Directed Work during the development of MASTER DRAINAGE PLAN ("CONTINGENCY ITEMS")."
2. RECITALS E of AGREEMENT is amended to read:
"CITY may request DISTRICT make a financial contribution towards CONTINGENCY ITEMS and, in making such a request, CITY must justify to DISTRICT in writing the need for this financial contribution. DISTRICT will only contribute toward CONTINGENCY ITEMS if DISTRICT finds the justification - 2-
251573
provided by CITY acceptable and provided that the total financial contribution from DISTRICT for MASTER DRAINAGE PLAN does not exceed the amounts described in Recital F."
3. RECITALS F of AGREEMENT is hereby amended to read:
"Together, PROJECT COSTS and CONTINGENCY ITEMS are hereinafter called "TOTAL DISTRICT CONTRIBUTION". TOTAL DISTRICT
CONTRIBUTION for MASTER DRAINAGE PLAN shall not exceed a total of Three Hundred Sixty-Three Thousand Five Hundred Thirty Dollars ($363,530), as follows: PROJECT COSTS shall not exceed Three Hundred Twenty-Three Thousand Five Hundred Thirty Dollars ($323,530) and CONTINGENCY ITEMS shall not exceed Forty Thousand Dollars ($40,000); and"
4. RECITALS I of AGREEMENT is hereby amended to read:
"The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the assessment and design of MASTER DRAINAGE PLAN; the payment of PROJECT COSTS and
CONTINGENCY ITEMS; and TOTAL DISTRICT CONTRIBUTION."
5. SECTION I.6 of the AGREEMENT is hereby amended to read:
"Issue monthly invoices to DISTRICT (Attention: Project Planning Section) for PROJECT COSTS beginning with the initial submittal of MASTER DRAINAGE PLAN for DISTRICT's review and approval, as set forth in Recital D.i. and Section
1.2., subject to and provided that PROJECT COSTS shall not exceed Three Hundred Twenty-Three Thousand Five Hundred Thirty Dollars ($323,530) for MASTER DRAINAGE PLAN."
SECTION I.7 of AGREEMENT is hereby amended to read:
- 3-
251573
"If desired, request DISTRICT make • financial contribution toward CONTINGENCY ITEMS, and in making such a request, CITY must justify to DISTRICT in writing the need for this financial contribution, as set forth in Recital E."
SECTION I.8 of AGREEMENT is hereby deleted in its entirety.
8. SECTION 1.9 of AGREEMENT is hereby deleted in its entirety.
9. SECTION 1.10 of AGREEMENT is hereby amended to read:
"Only upon receiving prior approval by DISTRICT for payment of CONTINGENCY ITEMS, keep an accurate accounting of all CONTINGENCY ITEMS and provide this accounting to DISTRICT (Attention: Project Planning Section) with submittal of each monthly invoice. The accounting of monthly invoices for CONTINGENCY ITEMS shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers to CITY's selected consultant to establish the actual cost of assessment for CITY, for preparation of MASTER DRAINAGE PLAN."
10. SECTION I.11 of AGREEMENT is hereby amended to read:
"Only upon receiving prior approval by DISTRICT for payment of CONTINGENCY ITEMS, issue monthly invoices to DISTRICT (Attention:
Project Planning Section) for CONTINGENCY ITEMS beginning with the first submittal of CONTINGENCY ITEMS, and include an accurate accounting of these costs, as set forth in Recital Dii and Section I.10, subject to and provided that CONTINGENCY ITEMS shall not exceed Forty Thousand Dollars ($40,000)."
11. SECTION 1.13 of AGREEMENT is hereby amended to read:
- 4 -
251573
"CITY shall be responsible to pay any amounts for preparation of MASTER DRAINAGE PLAN in excess of PROJECT COSTS, CONTINGENCY ITEMS, or TOTAL DISTRICT CONTRIBUTION."
12. SECTION II.4 of AGREEMENT is hereby amended to read:
"CITY may request DISTRICT make a financial contribution toward CONTINGENCY ITEMS and, in making such a request, CITY must justify to DISTRICT in writing the need for this financial contribution, as detailed in Section I.7. DISTRICT may make a financial contribution to CITY for CONTINGENCY ITEMS if DISTRICT finds the justification for this financial contribution provided by CITY acceptable and provided that the total financial contribution from DISTRICT for MASTER DRAINAGE PLAN does not exceed the amounts described in Recital F."
13. SECTION II.5 of the AGREEMENT is hereby amended to read:
"Pay CITY, within thirty (30) business days after receipt of CITY's monthly invoice of PROJECT COSTS, as set forth in Sections I.6, subject to and provided that PROJECT COSTS shall not exceed Three Hundred Twenty-Three Thousand Five Hundred Thirty Dollars ($323,530) for preparation of MASTER DRAINAGE PLAN."
14. SECTION II.6 of AGREEMENT is hereby deleted in its entirety.
15. SECTION II.7 of AGREEMENT is hereby amended to read:
"Only upon prior approval by DISTRICT, pay CITY within thirty (30) business days after receipt of CITY's invoice for CONTINGENCY ITEMS, as set forth in Section I.1l, subject to and provided that CONTINGENCY ITEMS shall not - 5 -
251573
exceed a total sum of Forty Thousand Dollars ($40,000) for MASTER DRAINAGE PLAN."
16. SECTION III.1 of AGREEMENT is hereby amended to read:
"Notwithstanding any other provision herein for this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Hundred Sixty-Three Thousand Five Hundred Thirty Dollars ($363,530) for preparation of MASTER DRAINAGE PLAN and shall be used by CITY solely for the purpose of preparation of said MASTER DRAINAGE PLAN. Additionally, PROJECT COSTS shall not exceed Three Hundred Twenty-Three Thousand Five Hundred Thirty Dollars ($323,530), and CONTINGENCY ITEMS shall not exceed Forty Thousand Dollars ($40,000). CITY shall be responsible to pay any amounts in excess of TOTAL DISTRICT CONTRIBUTION, PROJECT COSTS, and CONTINGENCY ITEMS for preparation of MASTER DRAINAGE PLAN.
Further, no additional funding whatsoever shall be provided by DISTRICT for any subsequent MASTER DRAINAGE PLAN modifications or scope extensions."
17. Except to the extent specifically deleted, added to, or amended herein, all of the terms, covenants and conditions of said Original Agreement executed on August 17, 2021 shall remain in full force and effect between Parties hereto.
18. This AGREEMENT may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this AGREEMENT agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA" Cal. Civ.
Code §§ 1633.1 to 1633.17), for executing this AGREEMENT. Parties further agree that the electronic signatures of Parties included in this AGREEMENT are intended to authenticate this - 6-
251573
writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by Party using it to have the same force and effect as the use of a manual signature and shall be reasonably relied upon by Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
- 7-
251573
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on (to be filled in by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By. By
JASON E. UHLEY KAREN SPIEGEL, Chair
General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN KIMBERLY RECTOR
County Counsel Clerk of the Board
By - By
AARON C. GETTIS Deputy
Supervising Deputy County Counsel
(SEAL)
First Amendment to Cooperative Funding Agreement
Riverside Northside Specific Plan Master Drainage Plan
06/21/23
SK:blm
- 8-
251573
RECOMMENDED FOR APPROVAL: CITY OF RIVERSIDE
By_
MIKE FUTRELL
City Manager
APPROVED AS TO FORM: ATTEST:
By Susan Wilson 1-602 BY DONESIA GAUSE
PHAEDRA NORTON
City Attorney City Clerk
(SEAL)
First Amendment to Cooperative Funding Agreement
Riverside Northside Specific Plan Master Drainage Plan
06/21/23
SK:blm
- 9 -