HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT 2 - 2002
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WATER Q'O'ALXTY ORDINANCE XMPLEMENTATJ:ON AGREEMENT WITH THE CITY OlP' SANTA AN.A.
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Ag~eement No. D02-104
A-2002-206
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WATER Qt7ALJ:TY ORDINANCE XMPLEMENTATJ:ON AGREEMENT WITH THE CITY OP SANTA AN.A.
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THIS AGREEMENT, hereinafter referred to as "AGREEMENT" and for purposes o-f-'
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identification numbered D02-104, is made and entered into this
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day of
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'PI-p,....l
,~, by and between the City of Santa Ana, a municipal
corporation, hereinafter designated as nCITY" and the Orange County Flood- Control
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District, a body corporate and politi.e. hereinafter referred to as "DISTRICT".
These
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entities are hereinafter sometimes jointly referred to as "PARTIES" and indi.vidually
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as "PARTY".
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WIT N E SSE T H
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WHEREAS, pursuant to 33 United States Code Section 1251 et seq., as amended
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system (NPDES) Stormwater Permit and 40 CFR 122.26 (d) (2) (i) (A-F), which requires
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each to control various potential pollutant
sources into the municipal sto~m drain
system
through enforcement of an adequate system of local legal authority; and
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WHEREAS, on December 18, 1990 the county entered into the National Pollutant
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Discharge Elimination System Stormwater Permit Implementation Agreement (hereinafter
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referred to as "IMPLEMENTATION AGREEMENT") with CITY and other parties. This
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IMPLEMENTATION AGREEMENT was subsequently amended on October 26, 1993; and
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WHEREAS. the IMPLEMENTATION AGREEMENT specifies that the CITY is principally
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Permit within its jurisdictional boundaries; and
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WHEREAS, the IMPLEMENTATION AGREEMENT contains provisions al~owin9 CITY to name
DISTRICT
as "enforcer of a water pollution control ordinance"; and
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WHEREAS, CITY has adopted a water quality ordinance (hereinafter referred to as
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"CITY ORDINANCE"); and
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WHEREAS, said CITY ORDINANCE defines "AUTHORIZED INSPECTOR" as the city manager
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and persons under his/her instruction and supervision are designated to inves~igate
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Agreement No. 002-104
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WHEREAS, said CITY ORDINANCE contains provisions to control pollutants from
both existing and new urban development and significant redevelopment; and
WHEREAS, Section 8-1-90 (c) of those Codified Ordinances of the DISTRICT
relating to Storm Water Management and Urban Runoff provides that "the DISTRICT may,
upon designation by any city within COUNTY, and at no cost to DISTRICT, be named as
an Authorized Inspector for that city"; and
WHEREAS, in furtherance of said program implementation, CITY now wishes to
contract with DISTRICT to serve as AUTHORIZED INSPECTOR pursuant to the CITY
ORDINANCE, and to pay DISTRICT for the full cost of providing those services; and
WHEREAS, DISTRICT is willing to provide such services to the extent allowed by
available staffing resources (See Section l(g)and 2(a))and to accept payment from
CITY for the full cost of providing those services.
NOW, THEREFORE, the PARTIES hereto, in consideration of the mutual covenants
and agreements contained in this AGREEMENT, agree as follows:
SECTION 1. DISTRICT RESPONSIBILITIES
Upon request from designated CITY representatives, DISTRICT, upon availability of
staffing resources, is authorized to:
(al Act as an AUTHORIZED INSPECTOR on behalf of CITY and shall investigate compliance
with, detect violations of, and/or take actions pursuant to the CITY ORDINANCE,
generally including activities such as water pollution incident response, clean-
up and/or enforcement activities associated with the following:
(i) In response to specific pollutant releases originating from within CITY
limits;
(ii) In response to specific pollutant releases originating from within CITY
limits that are detected in DISTRICT facilities; and
(iii) In response to adverse findings of water quality monitoring that are
attributable to specific pollutants originating within CITY limits.
(b) Perform services in Section (al of this AGREEMENT as set forth in the CITY
ORDINANCE and its accompanying Enforcement Consistency Guide;
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Agreement No. 002-104
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(i)
Notify designated CITY National pollutant Discharge Elimination System
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Permit representative of request for water pollution incident response,
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clean-up and/or enforcement activities received from designated CITY
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representatives and Departments;
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Prepare annual list of investigations conducted on CITY's behalf for CITY
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to submit in the Annual Progress Report to the Regional Water Quality
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Control Board(s);
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(c) Upon written request by the CITY;
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(i)
P~ovide to CITY all incident reports and related documents prepared in
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connection with DISTRICT'S performance under this AGREEMENT and make
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such records available for inspection by authorized representatives of
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CITY during normal business hours;
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(ii) Utilize services of outside consultants and contractors to aid in the
investigation, cleanup and/or enforcement activities undertaken pursuant
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to this AGREEMENT. If this is required, DISTRICT shall utilize
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consultants and contractors hired by the CITY under the CITY'S standing
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purchase order agreements;
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(d) Invoice CITY within forty-five (45) days of the signing of this AGREEMENT by the
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DISTRICT Board of Supervisors for the initial annual pollution response on-call
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fee identified in Exhibit A, prorated for the balance of the fiscal year ending
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June 30" from the date of AGREEMENT signing. For subsequent billing years, by
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June 30" of each year the DISTRICT shall review and revise Exhibit A as necessary
based on the then current on-call labor rates, the number of cities contracting
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with the DISTRICT for water quality ordinance services and the latest land area
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and population data as specified in the IMPLEMENTATION AGREEMENT. The DISTRICT
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shall invoice CITY within 60 days of the beginning of each fiscal year (July 1)
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based on the revised Exhibit A.
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26 (e) Invoice CITY on a monthly basis for all work performed by DISTRICT under this
AGREEMENT on behalf of CITY. DISTRICT will not invoice any "PERSON", as defined
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Agreement No. 002-104
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in CITY ORDINANCE, identified as causing or contributing to a violation of said
ORDINANCE. Invoice from DISTRICT to CITY shall include actual costs incurred by
DISTRICT for labor, equipment and services. Said actual costs include overhead
(indirect costs such as tools, computers, etc.) and burden (employee benefits).
(f) DISTRICT shall indemnify, defend with counsel approved by CITY, and hold CITY,
its elected and appointed officials, officers, agents, employees and contractors
free and harmless from any claim, cause of action, or liability whatsoever, based
or asserted upon any act or omission of DISTRICT, its elected and appointed
officials, officers, agents, employees and contractors, for property damage,
bodily injury or death or any other element of damage of any kind or nature,
relating to or in any way connected with or arising from the accomplishment of
the services to be performed by DISTRICT under this AGREEMENT, except as provided
for in Sections 2 (h) and 2 (i) below.
(g) Nothing in this Agreement shall be interpreted as an assumption by the DISTRICT
of any obligations the CITY may have under law or applicable permits to implement
a municipal NPDES stormwater program. This AGREEMENT is solely for the purpose
of authorizing DISTRICT personnel to act as an AUTHORIZED INSPECTOR for the CITY.
This AGREEMENT creates no obligation to provide those services. AUTHORIZED
INSPECTOR services will be provided only to the extent permitted by DISTRICT
resources.
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Pollution Response Annual Fixed Cost Fee
Exhibit A
Water Quality Ordinance Implementation Agreement
Pollution Response Annual Fixed Cost Fee
FY 2002-2003
Co. pennittee Population Area (sq. mi.) Weighted 2002.2003
Annual Fixed
Share ('!o) Cost Fee
Alisa Viejo 40,166 7.15 1.168548686 $515
Anaheim 336,300 49.761 9.005630974 $3.971
Brea 36,100 10.954 1.399038534 $617
Buena Pari< 80,100 10.064 2.007224432 $885
Costa Mesa 110,900 15.480 2.898146677 $1.278
Cypress 47,150 6.925 1.258634332 $555
Dana Point 35.800 6.440 1.046705013 $462
Founiain Valley 55,900 9.553 1.595652357 $704
Fullerton 129,200 22.536 3.723143526 $1,642
Garden Grove 169,200 17.900 3.981247954 $1.756
Huntington Beach 193,700 27.283 5.080856025 $2,241
Irvine 150.100 46.148 5.863460245 $2.586
La Habra 60,800 7.313 1.498466857 $661
La Palma 15,700 2.014 0.396615551 $175
Laguna Beach 24.150 7.820 0.973824935 $429
Laguna Hills 33.900 6.62~ 1.031809811 $455
Laguna Niguel 63,200 15.003 2.127750971 $938
Laguna Woods 16.750 3.050 0.492569562 $217
Lake Forest 76,700 16.795 2.473428382 $1,091
LOS Alamitos 11,750 4.256 0.508566627 $224
Mission Viejo 96.600 17.427 2.828184924 $1,247
Newport Beach 72,000 27.740 3.244247595 $1.431
Orange 132,800 23.329 3.839599305 $1,693
Placentia 47,600 6.606 1.240982586 $547
Rancho Santa Margarita 48,350 13.080 1.751218729 $772
San Clemente 52,500 17.697 2.170701556 $957
San Juan Capistrano 34.600 14.054 1.614754803 $712
Santa Ana 348,100 27.349 7.480695499 $3,290
Seal Beach 24,500 10.660 1.197977061 $528
Stanton 38,300 3.131 0.830259739 $366
Tustin 69,200 10.992 1.911061605 $543
Villa Pari< 6,125 2.088 0.255047196 $112
Westminster 89,900 10.190 2.167659672 $956
YOrba Linda 60,000 19.918 2.45714216 $1,084
Counly of Orange 117,634 86.846 8.499136117 $3.748
OCFCD 0 0.000 10 $4,410
Totals 2.925.775 554 100 $44,100
. Source: State of California, Department of Finance. E~1 City/County Population Estimates wffh Annual
Pe",en! Change January 1. 2000 and 2001 . Sacramento, California. May 2001.
.. Source: Public Facilities and Resources Department ~ Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state
parks, airports, landfills and military installations as determined in the NPDES Implementation Agreement.
Weighted shares are subject to annual revision based on the NPOES Slonnwater Permit
Implementation Agreement
Total amount (or the annual fixed cost fee based upon the 2002-2003 budgel
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Agreement No. D02-104
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contractors, free and harmless from any claim, cause of action or liability
whatsoever, based or asserted upon any act or omission of CITY, its elected and
appointed officials, officers, agents, employees and contractors for property
damage, bodily injury or death or any other element of damage of any kind or
nature, specifically relating to or in any way connected with or arising from the
extent and/or ~.dequacy of investigation, or clean-up of pollutants on behalf of
CITY, performed by, on behalf of, or under the supervision of DISTRICT personnel,
acting in good faith and with due diligence in fulfillment of DISTRICT's
responsibilities pursuant to this AGREEMENT; and
(i) Where CITY staff is providing pollution response duties hereinunder, CITY shall
indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT, its elected
and appointed officials, officers, agents, employees and contractors free and
harmless from any claim, cause of action, or liability whatsoever, based or
asserted upon any act of CITY, its elected and appointed officials, officers,
agents, employees and contractors, for property damage, bodily injury or death or
any other element of damage of any kind or nature, relating to or in any way
connected with or arising from the accomplishment of services performed by CITY in
implementing or enforcing CITY ORDINANCE to which DISTRICT was not a party of.
SECTION 3. GENERAL PROVISIONS
(a) The term of this AGREEMENT shall be for a period of two (2) years commencing with
the date of the execution of this AGREEMENT, renewable for an additional three (3)
years upon mutual agreement of the PARTIES as memorialized in writing by the CITY and
the Director of Public Facilities and Resources Department (PFRD) , or her designee,
on behalf of the DISTRICT.
(b) Either party may terminate this AGREEMENT in advance of the termination date,
upon sixty (60) days written notice to the other party sent to the following
addresses
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Agreement No. D02-104
1 SECTION 2. CITY RESPONSIBILITIES:
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CITY shall:
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(a) Identify, in writing, the designated CITY National Pollutant Discharge
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Elimination System (NPOES) Permit and Authorized Inspector representatives that will
be responsible for water pollution incident response, clean-up and/or enforcement
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activities when DISTRICT involvement is not requested, approved or available. The
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designations shall include r~presentative names, titles, departments and
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business/after hours phone numbers;
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(b) Designate in writing those CITY representatives authorized to submit service
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requests to DISTRICT on behalf of CITY. Any request from CITY Police and Fire
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Departments shall represent CITY approval. The designations shall include
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representative names, titles, departments and business/after hours phone numbers;
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(c) Meet periodically with DISTRICT to discuss the services being provided, review
individual cases, and ensure DISTRICT enforcement activities are consistent with CITY
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ORDINANCE and accompanying Enforcement Consistency Guide;
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(d) Provide in writing any requests for incident reports or related documents
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prepared in connection with DISTRICT'S performance under this AGREEMENT (Section 1
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(c) i));
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(e) Provide information in writing regarding any standing purchase order agreements
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issued by CITY for employment by DISTRICT of outside consultants and contractors
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(Section 1 (cl ii)). Information provided should include contractor/consultant
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contact information, purchase order number and services provided.;
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(f.) Make payment to DISTRICT within thirty (30) days of receipt of annual or monthly
invoice from DISTRICT for work performed in accordance with this AGREEMENT and
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invoice any .PERSON", as identified in CITY ORDINANCE, identified as being
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responsible for violations of the water quality ordinance;
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(g)
Assume any and all liability for failure to approve needed work and
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CITY shall indemnify, defend with counsel approved by DISTRICT, and hold
DISTRICT, its elected and appointed officials, officers, agents, employees and
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Agreement No. 002-104
1 DISTRICT:
2 Orange County Flood Control District
Attn: Director, Public Facilities and Resources Department
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Post Office Box 4048
Santa Ana, California 92702-4048
CITY:
City of Santa Ana
1 DISTRICT:
Agreement No. 002-104
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DISTRICT:
Orange County F100d Control District
Actn: Director. Pub1ic Faci1ities and Resources Department
Post Office Box 4048
Santa Ana. California 92702-4048
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CITY:
City of Santa Ana
Attn: City Manager
20 civic Center Plaza
Santa Ana. Ca1ifornia 92702
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Upon termination by either PARTY. the DISTRICT shall inform the CITY of any ongoing
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investigations prior to the termination date and return the prorated share of any
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the termination date for the fiscal year in which the termination occurs.
Upon
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termination it will be the responsibility of the CITY to complete any water pollution
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incident response. Clean-up and/or enforcement activities associated with any ongoing
investigations.
(c) PARTIES agree to fully cooperate with and assist one another in all matters
pertaining to losses arising from costs not reimbursed by any "PERSON~. as identified
in CITY ORDINANCE. in performance of this AGREEMENT.
If a claim is made. or suit is
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brought against a PARTY to this AGREEMENT likely to be related to the performance
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(d) If any part of this AGREEMENT is held, determined or adjudicated to be illegal.
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void or unenforceable by a court of competent jurisdiction, the remainder of this
AGREEMENT shall be given effect to the fullest extent reasonably possible.
(e) 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 shall be binding on any of the PARTIES hereto.
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Agreement No. D02-104
1 (f) The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been
2 duly authorized and executed and constitutes the legally binding obligation of their
3 respective organization or entity, enforceable in accordance with its terms.
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
5 the dates opposite their respective signatures:
6 ORANGE COUNTY FLOOD CONTROL DISTRICT,
7 a body corporate and politic,
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Date:
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12 APPROVED AS TO FORM
COUNTY COUNSEL
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Date:
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21 Date:
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City Clerk
B~ rkl?o~
Director
Public Facilities and Resources Department
CITY OF SANTA ANA
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By:
City Manager of SANTA ANA
APPROVED AS TO FORM:
JiQ,. I!J-
City ttorney of SANTA
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