HomeMy Public PortalAbout2013.128 (10-01-13) •
• RESOLUTION NO. 2013.128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS
AUTHORITY AND THE CITIES OF DOWNEY, LAKEWOOD, LONG BEACH,
LYNWOOD, PARAMOUNT, PICO RIVERA, SIGNAL HILL, SOUTH GATE AND
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR
ADMINISTRATION AND COST SHARING TO PREPARE A WATERSHED
MANAGEMENT PROGRAM AND COORDINATED INTEGRATED
MONITORING PROGRAM; AND APPROVING APPROPRIATION
WHEREAS, the California Regional Water Quality Control Board, Los
Angeles Region (Regional Board) adopted at its meeting on November 8, 2012
the final National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit and waste discharge requirements
for storm water and non-storm water discharges from MS4 within the coastal
watersheds of the Los Angeles County; and
WHEREAS, MS4 includes standard provisions relating to implementation
of the program by the permit; and
WHEREAS, the Regional Board requires that permittees that elect to
develop a Watershed Management program to submit a draft plan no later than
18 months after the effective date of the MS4 permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the City Council authorizes the City Manager to
execute the Memorandum of Understanding Between,the Los Angeles Gateway
Region Integrated Regional Water Management Joint Powers Authority and the
Cities of Downey, Lakewood, Long Beach, Lynwood, Paramount, Pico Rivera,
Signal Hill, South Gate and the Los Angeles County Flood Control District (MOU)
attached hereto as Exhibit A.
Section 2. That the City Council authorizes the appropriation from the
unapproppriated Utility Fund (Fund 6051) to Sewer Service 6051-45-460 the
amount of $67,514 and authorizes the appropriation of the annual cost pursuant
to the MOU provision until the end of the contract term of January 11, 2028 or
earlier if the City Council chooses to withdraw from the MOU.
Section 3. That the City Council authorizes staff and the City Treasurer
to issue the first year payment prior to October 18, 2013.
Section 4. That this Resolution shall take effect immediately' upon its
adoption.
PASSED, APPROVED and ADOPTED this 15`day of October, 2013;.
Oir
Salvadhr-Alatorre, Mayor
ATTEST:
aria Quinonez, Ci' Clerk
APPROVED AS TO FORM: APPROVED AS TO,CONTENT:
Fred Galante, City Attorney Richard N. Warn
Interim City Manager
Emilio'M Murga, P. Dior;
Public Works /C. nginee[
•
•
STATE OF CALIFORNIA
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing Resolution was duly adopted by the City Council of the
City of Lynwood at a regular meeting held in the City Hall of said City on the 1st
day of October 2013, and passed by the following vote:
AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON
AND ALATORRE
NOES: NONE
ABSENT: COUNCIL MEMBER RODRIGUEZ
ABSTAIN: NONE
aria Quinonez, City Clerk
STATE OF CALIFORNIA
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No. 2013.128 on file in my office and that said
Resolution was adopted on the date and by the vote therein stated. Dated this 1st
day of October 2013.
i
Maria Quinonez, City Clerk
•
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITIES OF DOWNEY, LAKEWOOD, LONG BEACH, LYNWOOD, PARAMOUNT,
PICO RIVERA, SIGNAL HILL, SOUTH GATE AND THE LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT
FOR ADMINISTRATION AND COST SHARING TO PREPARE A WATERSHED
MANAGEMENT PROGRAM "WMP" and COORDINATED INTEGRATED MONITORING
PROGRAM "CIMP" AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL
BOARD, LOS ANGELES REGION (REGIONAL WATER BOARD), NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM
SEWER SYSTEM PERMIT ORDER NO. R4-2012-0175 ("MS4 PERMIT")
This memorandum of understanding ("MOU") is made and entered into as of
August 1, 2013 by and between the Los Angeles Gateway Region Integrated
Regional Water Management Joint Powers Authority ("GWMA"),a California Joint
Powers Authority,and the Cities of Downey, Lakewood, Long Beach, Lynwood,
Paramount, Pico Rivera, Signal Hill, South Gate, and the Los Angeles County Flood
Control District ("District"), (hereafter jointly referred to as the "Watershed
Permittees"):
RECITALS
• WHEREAS,the mission of the GWMA includes the equitable protection and
management of water resources within its area; and
WHEREAS,the Watershed Permittees manage,drain and convey stormwater
wholly or partially into Reach 1, Reach 2,and the estuary of the Los Angeles River,
the Rio Hondo and Compton Creek hereafter referred to as the Lower Los Angeles
River Watershed ("Lower LAR") as shown on Exhibit A; and
WHEREAS,several of the Watershed Permittees are in multiple watersheds
and this MOU shall only pertain to those areas that are within the jurisdiction of the
Watershed Permittees and also tributary to Reach 1 and 2 of the Los Angeles River,
Compton Creek, the Rio Hondo and the estuary of the Los Angeles River; and
WHEREAS, in 2009,the Watershed Permittees, excepting the District, created
Technical Committees ("TMDL Committees") consisting of voluntary
representatives from the Watershed Permittees, except the District, for the
preparation of Implementation Plans for the Los Angeles River Metals TMDL
("Metals TMDL"); and
•
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WHEREAS, the final deadline for achieving compliance with the Metals TMDL
is January 11, 2028; and,
WHEREAS, in 2009, the Watershed Permittees, excepting the District,
entered into MOUs with the Gateway Cities Council of Governments and the San
Gabriel Valley Council of Governments to act as the fiduciary agents for the
development of the Metals TMDL Implementation Plans for Reach 1 including
Compton Creek and Reach 2 including Rio Hondo respectively; and
WHEREAS, the MS4 Permit was adopted by the Regional Water Board on
November 8, 2012 and became effective on December 28, 2012 and allows
permittees to prepare a Watershed Management Program ("WMP") or an Enhanced
Watershed Management Program ("EWMP") and a Coordinated Integrated
Monitoring Program ("CIMP"), collectively the Plans," to address certain elements
of the MS4 Permit; and
WHEREAS, the Watershed Permittees and the GWMA wish to maintain
continuity of the Metals TMDL Committees in coordinating the preparation of the
plans to the Regional Water Board; and
WHEREAS, the California Department of Transportation ("Caltrans") and
Long Beach are regulated under separate MS4 permits; and
WHEREAS, if Caltrans enters into the MOU, the payment formula in Table 1
will be modified as agreed to by the Parties and Caltrans will be a Watershed
Permittee for purposes of this MOU; and
WHEREAS,on May 20, 2013 the Watershed Permittees excepting the District,
voted to change the name of the TMDL Committees to the Lower Los Angeles River
Watershed Committee ("Lower LAR Watershed Committee") to reflect the expanded
duties; and
WHEREAS, the TMDL Committees and representatives of Pico Rivera,
Downey, Paramount and the District decided at a meeting held on April 22, 2013 to
prepare a Watershed Management Program ("WMP") with the option of converting
the WMP to an Enhanced Watershed Management Program upon approval by the
Lower LAR Watershed Committee prior to December 28, 2013; and
WHEREAS,the Watershed Permittees and the GWMA are collectively
referred to as the "Parties"; and
WHEREAS, preparation of the Plans requires administrative coordination for
the Watershed Permittees that the GWMA can provide; and
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WHEREAS, there are remaining funds on deposit with the Gateway Cities
Council of Governments for use in implementation measures for the Metals TMDL
and the Lower LAR Watershed Committee approved spending the remaining funds
for the development of the Plans; and
WHEREAS, the Lower LAR Watershed Committee has approved a Scope of
Work ("Exhibit C"); and
•
WHEREAS, the Watershed Permittees have determined to pay their
respective share of the costs of preparing the Plans and other related costs
("Respective Costs") to be incurred by the GWMA in accordance with the Cost
Sharing Allocation Formula reflected in Exhibit B.
NOW,THEREFORE,in consideration of the mutual covenants and conditions
set forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as
part of this MOU.
Section 2. Purpose. The purpose of this MOU is to cooperatively support
and undertake preparation of the Plans, necessary environmental documentation
and any additional services agreed to by the Watershed Permittees working through
the Lower LAR Watershed Committee and as approved by the GWMA.
Section 3. Cooperation.The Parties shall fully cooperate with one another
to achieve the purposes of this MOU.
Section 4. Voluntary Nature. The Parties voluntarily enter into this MOU.
Section 5. Binding Effect. This MOU shall become binding on GWMA and
the Watershed Permittees that execute this MOU.
Section 6. Term. The term of this MOU shall be from August 1, 2013 to
June 30, 2014, and, unless terminated by the Parties,shall automatically renew
annually through January 11, 2028 for monitoring,implementation coordination
and compliance reporting as deemed necessary by the Lower LAR Watershed
Committee. The term of the MOU for the District shall expire upon approval or
acceptance of the Plans by the Regional Water Board unless the Parties agree to an
amendment to this MOU providing for continuing participation by the District.
Section 7. Lower LAR Watershed Committee Representative.
a) Each Watershed Permittee shall appoint a representative
("Representative") to the Lower LAR Watershed Committee. Each
member shall have one vote on the Lower LAR Watershed Committee.
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b) The Lower LAR Watershed Committee shall appoint a Representative
("Representative") and may appoint an Alternate Representative
("Alternate Representative"), each of whom shall have the authority to
speak on behalf of the Lower LAR Watershed Committee to the GWMA
on decisions to be made by the Lower LAR Watershed Committee. The
Lower LAR Watershed Committee shall inform the GWMA of the
names of the Representative and Alternate Representative in writing.
• The GMWA may rely on written directions from either the
Representative or the Alternate Representative. In the event of •
conflicting directions from the Representative and the Alternative
Representative, the GWMA shall rely on the Representative's
direction.
Section 8. Role of the GWMA. The GWMA will contract with and serve as a
conduit for paying the Consultants as approved by the Watershed Permittees.The
consultant or consultants ("Consultant") shall prepare the Plans and any other plans
and/or projects that the Lower LAR Watershed Committee have determined are
necessary and the costs of which the Watershed Permittees have agreed to pay. The
• Representative and the Alternative Representative shall be the means of
communication between the Lower LAR Watershed Committee and the GWMA on
the approval of the Consultant and any other work the Lower LAR Watershed
Committee requests and which will be paid by the Watershed Permittees.
Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Respective Costs as provided
in Exhibit B for Consultant and any other related costs to which the
Representative or the Alternate Representative informs the GWMA
informs the GWMA in writing that the Lower LAR Watershed
Committee has approved. The District's total costs shall not exceed
$74,483.00 without the District's written agreement. In the event the
Lower LAR Watershed Committee approves an increase in the budget
pursuant to Section 9-d,the GWMA shall terminate this MOU with the
District if the District does not inform the GWMA in writing within
thirty (30) days that it will pay its increased Respective Costs,unless
the Group informs the GWMA within that time that the other
Watershed Permittees agrees to absorb the District's additional
Respective Costs.
b) Each Permittee shall also pay a share of GWMA's staff time for
retaining a Consultant and invoicing the Watershed Permittees,audit
expenses and other overhead costs, including legal fees, ("MOU
Costs") incurred by GWMA in the performance of its duties under this
• MOU. GWMA shall add a percentage not to exceed three percent (3%)
to each invoice submitted to each Permittee to cover each Permittee's
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share of the MOU Costs. The MOU Costs percentage shall be set each
fiscal year through a majority vote by the GWMA Policy Board.
c) GWMA shall submit an invoice to each Permittee reflecting each
Permittee's estimated Respective Costs and MOU costs through the
following June 30th or December 31st,whichever date is earlier. Prior
to releasing payment to the Consultant the GWMA shall submit a copy
of the Consultant's invoice to the Lower LAR Watershed Committee
for approval.The GWMA shall not make any payment to a Consultant
without the approval of the Lower LAR Watershed Committee as
• expressed in writing by the Representative or Alternate
Representative.
d) GWMA shall not be required to incur obligations for its 2013-14 fiscal
year in excess of the budget reflected in Table 1 or subsequent years
in excess of any budget approved by the GWMA and the Lower LAR
Watershed Committee unless the Lower LAR Watershed Committee
authorizes the GWMA to expend the additional funds. GWMA may
suspend the work of the Consultants if the Lower LAR Watershed
Committee does not provide authorization to incure these additional
obligations. -
e) Upon receiving the first and each subsequent invoice, each Permittee
shall pay their Respective Costs and MOU costs to the GWMA within
forty-five days (45) days of receipt.
f) The budget for the 2013-14 fiscal year shall be as provided in Table 1
of Exhibit B. Each successive year, commencing May 15, 2014, the
Lower LAR Watershed Committee shall recommend to GWMA a
• budget for the following fiscal year. Within 30 days of submission of
the budget the GWMA shall consider the recommendation and adopt a
budget inclusive of the,Lower LAR Watershed Committee
recommendation by June 30th. GWMA will send each Watershed
Permittee an invoice during the first month of each fiscal year
representing the Watershed Permittee's Respective Costs of the
adopted budget as provided in Table 2. GWMA shall not expend funds
nor incur obligations in excess of the budgeted amount without prior
notification to and approval by the Group. Each successive year
commencing with the 2014-15 fiscal year, any budget in excess of
$250,000 as adjusted by the local April to March annual CPI,will
require an amendment to this MOU.
g) A Permittee will be delinquent if the invoiced payment is not received
by the GWMA within forty-five (45) days after first being invoiced by
the GWMA. The GWMA will follow the procedure listed below, or such
other procedure that the Lower LAR Watershed Committee directs to
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effectuate payment: 1) verbally contact the representative of the
Permittee and at phone number listed in Section 14 of the MOU, and
2) submit a formal letter from the GWMA Executive Officer to the
Permittee at the address listed in Section 14 of the MOU. If payment is
not received within sixty (60) days of the due date, the GWMA may
terminate the MOU unless the City Managers/Administrators for
those Watershed Permittees in good standing inform the GWMA in
writing that they agree to adjust their Proportional Cost allocations in
accordance with the Cost Share Formula in Table 2 or such other
formula to which the Watershed Permittees shall direct to accountfor
the delinquent Watershed Permittees costs. However, no such
termination may be ordered unless the GWMA first provides the
Watershed Permittees with ninety (90) days written .notice of its
intent to terminate the MOU. If the GWMA receives such confirmation
from the City Managers/Administrators, the delinquent Permittee's
participation in this MOU will be terminated and the Cost Share
Formula in Exhibit B will be adjusted. A terminated Permittee shall
remain obligated to GWMA for its delinquent payments and any other
obligations incurred prior to the date of termination.
h) GWMA may suspend or modify the scope of the work being performed
by any Consultant retained by GWMA if any Watershed Permittee has
not paid its invoice within forty five (45) of receipt unless the City
Managers/Administrators/Representatives of those Watershed
Permittees in good standing inform the GWMA that they will pay the
delinquent Permittee's costs once the MOU with the delinquent
Permittee has been terminated. .
i) Any delinquent payments by a Watershed Permittee shall accrue
compound interest at the average rate of interest paid by the Local
Agency Investment Fund, during the time that the payment is
delinquent.
j) Funds remaining in the possession of the GWMA at the end of the
term of this MOU,or at the termination of this Agreement,whichever
occurs earlier,shall be promptly returned to the then remaining
Watershed Permittees in good standing and in accordance with the
Cost Share Formula in Exhibit B.
k) The Watershed Permittees with the exception of the District and
Caltrans previously funded Los Angeles River Metals TMDL
Implementation Plans through separate MOUs. The MOU with the
GCCOG has funds remaining and are to be used to fund the
development of Plans prior to the use of any funds from this MOU.
These funds shall not be used to defray costs under this MOU on
behalf of the District or Caltrans.
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1\ _
I) Other agencies may enter into this MOU upon written approval of the
Parties.Any future participants shall be assessed a late entry cost as if
they had been a participant from the beginning of the Metals TMDL
MOU, as of July 1, 2010, unless otherwise agreed to by the Parties.
Section 10. Independent Contractor.
a) The GWMA is, and shall at all times remain, a wholly independent
contractor for performance of the obligations described in this MOU.
The GWMA's officers, officials, employees and agents shall at all times
during the Term of this MOU be under the exclusive control of the
GWMA. The Watershed Permittees cannot control the conduct of the
GWMA or any of its officers, officials, employees or agents. The GWMA
and its officers, officials,employees,and agents shall not be deemed to
be employees of the Watershed Permittees.
b) The GWMA is solely responsible for the payment of salaries, wages,
other compensation, employment taxes,workers' compensation, or
similar taxes for its employees and consultants performing services
hereunder.
Section 11. Indemnification and Insurance.
a) The GWMA shall include in the agreements with the Consultants an
indemnification clause requiring the Consultants to defend,indemnify
and hold harmless each of the Watershed Permittees and the GWMA,
their officers, employees,and agents, from and against any and all
liabilities, actions,suits,proceedings, claims, demands,losses,costs,
and expenses, including legal costs and attorney's fees, for injury to or
death of person(s),for damage to property (including property owned
by the GWMA or any Permittee) resulting from negligent or
intentional acts, errors and omissions committed by Consultants,their
officers, employees, and other representatives and agents, arising out
of or related to Consultants' performance under its agreement with
the GWMA.
b)• Each Watershed Permittee shall defend,indemnify and hold harmless
•
each other Party as well as each Party's officers,employees, and other
representatives and agents from and against any and all liabilities,
actions,suits proceedings, claims, demands, losses, costs,and
expenses, including legal costs and attorney's fees, for injury to or
death of person(s),for damage to property (including property owned
by the GWMA and any Permittee) for negligent or intentional acts,
errors and omissions committed by that Watershed Permitted, its
officers, employees, and agents, arising out of or related to that Party's
performance under this MOU, except for such loss as may be caused
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by GWMA's or any other Party's gross negligence or intentional acts
or those of any of its officers, employees, or other representatives and
agents other than the Consultants.
c) The GWMA shall defend, indemnify and hold harmless the Watershed
Permittees, their officers, employees, and other representatives and
agents of the Watershed Permittees, from and against any and all
liabilities,actions, suits proceedings, claims, demands,losses, costs,
and expenses, including legal costs and attorney's fees, for injury to or
death of person(s), for damage to property (including property owned
by the Watershed Permittees) and for negligent or intentional acts,
errors and omissions committed by GWMA, its officers, employees,
and agents, arising out of or related to GWMA's performance under
this MOU.
d) Consultant's Insurance. The GWMA shall require the Consultants to
obtain and maintain through the term of their contracts with the
GWMA the following policies of insurance with minimum limits as
indicated below and issued by insurers with A.M. Best ratings of no
less than A:
i. Comprehensive Commercial General Liability Insurance with
minimum limits of One Million Dollars ($1,000,000) per
incident or accident for bodily injury, death and property
damage;
ii. Automobile Liability Insurance for any owned, non-owned or
hired vehicle used in connection with the performance of the
Services under this MOU with minimum combined single limits
coverage of One Million Dollars ($1,000,000);
iii. Professional Liability (Errors and Omissions) Insurance,which
in aggregate with the Comprehensive General Liability
Insurance, provides a minimum limit of Two Million Dollars
($2,000,000) per incident; and
iv. Workers' Compensation insurance as required by the State of
California.
e) GWMA makes no guarantee or warranty that the reports prepared by
GWMA and its Consultant shall be approved by the relevant
governmental authorities. GWMA shall have no liability to the
Watershed Permittees for the negligent or intentional acts or
omissions of GWMA's Consultants.The Watershed Permittees'sole
recourse for any negligent or intentional act or omission of the
GWMA's Consultant shall be against the Consultant and its insurance.
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Section 12. Termination.
a) A Watershed Permittee may withdraw from this MOU for any reason,
or no reason, by giving the other Watershed Permittees thirty (30)
days written notice thereof. The effective withdrawal date shall be
the thirtieth (30th) day after GWMA receives the withdrawing•
Watershed Permittee's notice to withdraw from the MOU. The
withdrawing Watershed Permittee shall be responsible for its
Respective Costs and MOU Costs,which the GWMA incurred or to
•
which it became bound through the effective date of withdrawal. Such
MOU Costs shall include the remaining fees of any Consultant retained
by the GWMA through the effective date of withdrawal. Should any
Watershed Permittee withdraw from the MOU, the remaining
•
Watershed Permittees' Respective Cost allocation shall be adjusted in
accordance with the Cost Share Formula in Exhibit B. A withdrawing
Watershed Permittee shall remain liable for any loss, debt, or liability
otherwise incurred while participating in this MOU. If,after paying
any such loss, debt, or liability, its Respective Costs and its MOU Costs
incurred through the effective date of withdrawal,the GWMA has any
unspent funds remaining from the withdrawing Watershed
Permittee's deposits, GWMA shall promptly return such unspent
deposit to the withdrawing Watershed Permittee.
b) The GWMA may,with a two-thirds(2/3) vote of the GWMA's full
Policy Board, terminate this MOU upon not less than thirty (30) days
notice, effective on May 1 or December 1 of each year.Any remaining
funds not due and payable or otherwise legally committed to
Consultant shall be returned to the remaining Watershed Permittees
in accordance with the Cost Allocation Formula set forth in Exhibit B.
Section 13. Miscellaneous.
a) Notices.All Notices which the Parties require or desire to give
hereunder shall be in writing and shall be deemed given when
delivered personally or three (3) days after mailing by registered or
certified mail (return receipt requested) to the following address or as
•
• such other addresses as the Parties may from time to time designate
by written notice in the aforesaid manner:
To GWMA:
Ms. Grace Kast
GWMA Executive Officer
•
c/o Gateway Cities Council of
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Governments
16401 Paramount Boulevard
Paramount, CA 90723
To the Watershed Permittees:
Mr.John Oskoui
Assistant City Manager/Director of Public Works
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
Ms. Lisa A. Rapp
Director of Public works
City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Mr.Anthony Arevalo
Storm Water/Environmental Compliance
Storm Water Management, a Division
City of Long Beach
333 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Mr. Roger L. Haley
City Manager
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Mr. Christopher S. Cash
Public Works Director
City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
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Mr.Arturo Cervantes, PE
Director of Public Works/City Engineer
City of Pico Rivera
6615 Passon Boulevard
• Pico Rivera, CA 90660
Mr. Steve Myrter
Public Works Director
City of Signal Hill
2175 Cherry Avenue
Signal Hill, CA 90775
Mr. Mohammad Mostahkami
Director of Public Works/City Engineer
City of South Gate
8650 California Avenue
• South Gate, CA 99280
• Mr. Gary Hildebrand
Los Angeles County Flood Control District
County of Los Angeles Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
b) 5parate Accounting and Auditing.The GWMA will establish a
separate account to track revenues and expenses incurred by the
GWMA on behalf of the Watershed Permittees.Any Permittee may
upon five (5) days written notice inspect the books and records of the
GWMA to verify the cost of the services provided and billed by GWMA.
GWMA shall prepare and provide to the Watershed Permittees annual
financial statements and audits, after review and approval by the
Lower LAR Watershed Committee.
c) , Amendment. The terms and provisions of this MOU may not be
amended, modified or waived, except by a written instrument signed
by all Parties and approved by all Parties as substantially similar to
this MOU.
d) Waiver.Waiver by either the GWMA or a Permittee of any term,
•
condition, or covenant of this MOU shall not constitute a waiver of any
other term, condition, or covenant.Waiver,by the GWMA or a
Permittee, to any breach of the provisions of this MOU shall not
constitute a waiver of any other provision or a waiver of any
subsequent breach of any provision of this MOU.
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•
e) Law to Govern: Venue. This MOU shall be interpreted, construed, and
governed according to the laws of the State of California. In the event
of litigation between the Parties,venue shall lie exclusively in the
County of Los Angeles.
f) No Presumption in Draftinu. The Parties to this MOU agree that the
general rule than an MOU is to be interpreted against the Parties
drafting it, or causing it to be prepared, shall not apply.
g) Severability. If any term, provision, condition or covenant of this MOU
is declared or determined by any court of competent jurisdiction to be
invalid,void, or unenforceable, the remaining provisions of this MOU
shall not be affected thereby and this MOU shall be read and
construed without the invalid,void, or unenforceable provisions(s).
h) Entire Agreement. This MOU constitutes the entire agreement of the
Parties with respect to the subject matter hereof and supersedes all
prior or contemporaneous agreements,whether written or oral,with
respect thereto.
i) Counterparts.This MOU may be executed in any number of
counterparts, each of which shall be an original,but all of which taken
together shall constitute but one and the same instrument,provided,
however,that such counterparts shall have been delivered to all
Parties to this MOU.
j) Legal Representation.All Parties have been represented by counsel in
the preparation and negotiation of this MOU.Accordingly,this MOU
shall be construed according to its fair language.
k) Agency Authorization. Each of the persons signing below on behalf of
the Parties represents and warrants that he or she is authorized to
sign this MOU on their respective behalf.
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
Christopher S. Cash
GWMA Chair
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively,as follows:
DATE: CITY OF DOWNEY
Mr. Gilbert Livas
City Manager
11111 Brookshire Avenue
• Downey, CA 90241
Gilbert Livas, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
•
•
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF LAKEWOOD
Mr. Howard L. Chambers
City Manager
5050 Clark Avenue
Lakewood, CA 90712
Howard L. Chambers, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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•
•
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
• DATE: CITY OF LONG BEACH
Mr. Patrick H.West
City Manager
333 West Ocean Boulevard, 13th Floor
Long Beach, CA 90802
Patrick H.West, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
•
•
•
Page 15 of 27
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IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF LYNWOOD
Mr. Richard N. Warne
Interim City Manager
11330 Bullis Road
Lynwood, CA 90262
Richard N.Warne, Interim City Manager
ATTEST: APPROVED AS TO FORM:
Ati A__41 N „1-79
1tu 4-4vlloa 'feal a,(a a+e
City Clerk City Attorney
•
Page 16 of 27
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- .
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively,as follows:
DATE: CITY OF PARAMOUNT
Ms. Linda Benedetti-Leal
City Manager
16400 Colorado Avenue
Paramount, CA 90723
Linda Benedetti-Leal, City Manager
ATTEST: APPROVED AS TO FORM:
•
City Clerk City Attorney
Page 17 of 27
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf,respectively,as follows:
DATE: CITY OF PICO RIVERA
Mr. Ronald Bates, Ph. D.
City Manager
6615 Passons Boulevard
Pico Rivera, CA 90660
•
- F
Ronald Bates,Ph. D.,City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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• IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF SIGNAL HILL
Mr. Ken Farfsing
City Manager
2175 Cherry Avenue
Signal Hill, CA 90775
Ken Farfsing, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
Page 19 of 27
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively, as follows:
DATE: CITY OF SOUTH GATE
Mr. Michael Flad
City Manager
8650 California Avenue
South Gate, CA 90280
Michael Flad, City Manager
■
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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•
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
• County of Los Angeles Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Avenue
•
• Alhambra, CA 91803-1331
•
By
Chief Engineer
ATTEST: APPROVED AS TO FORM:
John F. Krattli
County Counsel
TITLE
Page 21of27 -
12664-0001\1599408v4.doc Final Lower LA River Watershed MS4 Permit MOU-Ri
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EXHIBIT A
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Page 22 of 27
I
12664-0001\1599408v4.doc
EXHIBIT B
Cost Sharing
The Watershed Permittees agree to pay for the cost of preparation and
implementation of the WMP (or EWMP if subsequently designated by the parties)
and the CIMP. The District will pay 10 percent (10%) of the cost of developing the
WMP (or EWMP) and CIMP. Each remaining Watershed Permittee will pay
according to Table 1.All Watershed Permittees shall pay the 3 percent (3%) GWMA
administrative costs. •
• TABLE 1
Cost Sharing Table through submittal of WMP on or before June 28, 2014
WMP/GIMP $657,400
TOTAL $677,122
•
GWMA Administration (3%) $19,722
LACFCD Allocation (10%) $67,712
Distributed Cost $609,410
of 20 percent of 80 percent of TOTAL
Area Distributed Cost Distributed Cost
Agency Total Per
(sq mi) Area proportioned proportioned Agency
equally based on area g y
Downey 5.54 12.7% $13,542 $61,777 $75,320
Lakewood 0.08 0.2% $13,542 $892 $14,435
• Long Beach 19.22 44.0% $13,542 $214,325 $227,867
Lynwood 4.84 11.1% $13,542 _ $53,972 $67,514
Paramount 3.12 7.1% $13,542 $34,792 • $48,334
Pico Rivera 2.36 5.4% $13,542 $26,317 $39,859
Signal Hill 1.21 2.8% $13,542 $13,493 $27,035
South Gate 7.35 16.8% $13,542 $81,961 $95,503
Caltransl TBD TBD $13,542 TBD $13,542
• TOTAL 43.72 100% $108,340 $487,528 $609,410
NOTES:
• Caltrans cost sharing will be determined if Caltrans enters into the MOU.Each agency's total will be adjusted
accordingly.
• Unincorporated areas of Los Angeles County are not participants in this MOU.
• Watershed Permittees and the cost share are subject to modifications due to,but not limited to,changes in the
number of participating agencies,refinements in mapping,and changes in boundaries.
•
•
Page 23 of 27
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•
Table 2
• Estimated Cost Sharing Formula per$100,000 beginning June 29, 2014 through
January 11, 2028.
TOTAL COST TO BE DISTRIBUTED • $ 100,000
Agency Area %of 20 percent of 80 percent of cost
Total cost proportioned proportioned TOTAL
(sq mi) Area equally based on area
Downey 5.54 12.7% $2,222 $10,137 $12,359
Lakewood 0.08 0.2% $2,222 $146 $2,369
Long Beach 19.22 44.0% $2,222 $35,169 $37,391
Lynwood 4.84 11.1% $2,222 $8,856 $11,079
Paramount 3.12 7.1% $2,222 $5,709 $7,931
Pico Rivera 2.36 5.4% $2,222 . $4,318 $6,541
Signal Hill 1.21 2.8% $2,222 $2,214 $4,436
South Gate 7.35 16.8% $2,222 $13,449 $15,671
Caltransl TBD TBD $2,222 TBD $2,222
TOTAL 43.72 100% $17,778 $80,000 $100,000
• i i Ca/trans cost sharing will be determined if Caltrans enters into the M00.Each agency's total will
be adjusted accordingly.
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Exhibit C
Scope of Work
a. BACKGROUND/HISTORICAL DATA/HYDROLOGICAL SETTING
This task will build upon the readily available data developed as part of the Reach 1
and 2 Metals TMDL Implementation Plans and include:
Deliverables:
- Source Assessment based on waterbody/pollutant combinations
- Review of applicable IRWMPs
- Baseline map
- Historical Water Quality Data
- . Identification of water quality priorities
- Evaluation of existing water quality conditions
- Prioritization of the water quality issues
- Assemble available water quality reports
- Survey Permittee and Compile of existing control measures (Permittee
surveys and annual reports)
b. MONITORING
Several agencies have recently and/or are currently collecting samples within the
Lower LAR receiving waters including: Los Angeles County Flood Control at the
mass emission stations, Los Angeles City under contract to the Gateway COG for
Metals and Bacteria TMDL as well as the Special Studies through the CPR group.
While this offers the opportunity to realize a considerable cost savings, monitoring
will require a high degree of coordination amongst the various agencies. This task
will include:
Deliverables:
- Summary of outfall/receiving water/special study requirements
- Summary of existing Monitoring Programs
- Review past GIP site monitoring
- Receiving Water Monitoring- for this Scope of Work, it is assumed County
Flood Control will continue monitoring at Mass Emission Station.
- Prepare Coordinated Integrated Monitoring Program (C1MP), including:
o Wet-weather outfall based monitoring program
o Non-stormwater Outfall based monitoring and screening plan
- Inspection of outfalls
- An approach to integrating MS4,TMDL and Special Study monitoring
- Set up shared database for new development/redevelopment Effectiveness
Tracking
- Regional Studies (participate in Southern California Monitoring Coalition)
- Attend regular meetings of the Los Angeles River TMDL Monitoring
Technical Committees
- Ongoing review of monitoring data as it becomes available
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c. REASONABLE ASSURANCE ANALYSIS (RAA)
Contact the Regional Water Board to investigate if the previous modeling (Reach 2
. metals TMDL) satisfies their interpretation of an adequate RAA.
Contact a minimum of four modeling consultants to provide cost estimates and
scopes of work to conduct a RAA using a peer-reviewed,public domain, quantitative
modeling system. The Technical Committee will select the consultant and modeling
system:A budgetary allowance for the RAA has been included.
Deliverables:
- Draft Technical Memorandum
- Final Technical Memorandum
d. REVIEW AND EVALUATE MINIMUM CONTROL MEASURES
The MS4 permit requires an evaluation and customization of the Minimum Control
Measures (MCMs, formerly referred to as BMPs).Watershed Permittees not
implementing a WMP or EWMP are required to implement all MCMs.
Deliverables:
- Develop list of potential EWMP project sites,
- Summarize scientific data supporting potential EWMP sites,
- Source control,
• - Operational Controls,
- Identify potential opportunities for customization of the MS4's Minimum
Control Measures (Part VI.D.8.D). Describe the modification,potential
justifications for those modifications and provide materials for compilation.
e. WATERSHED MANAGEMENT PROGRAM PLAN
This task represents the analysis of the information developed and compilation into
a first draft for review by the Technical Committee,then preparation of a final draft
for submittal to the Regional Water Board.
Deliverables:
- Communication with Regional Water Board and preparation of documents
(December 28, 2013, for potential conversion to EWMP.
- First Draft Watershed Implementation Plan submitted to Technical
Committee:
o Target Date April 1, 2014
i - Final Draft Watershed Implementation Plan for submittal to Regional Water
Board:
o Target date June 1, 2014
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f. COORDINATION WITH TECHNICAL COMMITTEE
Regular meetings and communications with the Watershed Permittees will be
, critical during the preparation of the WMP. This will include:
Deliverables:
- Schedule and prepare agenda and summary notes for monthly meetings
- Attend and participate in the Technical Advisory Committee
- Attend and participate in Regional Water Board meetings
•
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