HomeMy Public PortalAboutMOA DOMINGUEZ CHANNEL 2023 JUNE 15MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF LOS ANGELES, THE CITY OF CARSON, THE CITY OF EL
SEGUNDO, THE CITY OF HAWTHORNE, THE CITY OF INGLEWOOD, THE CITY OF
LAWNDALE, THE CITY OF LOMITA, LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, AND THE SOUTH BAY
CITIES COUNCIL OF GOVERNMENTS
REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING
THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AND
WATERSHED MANAGEMENT PROGRAM (WMP)
FOR THE DOMINGUEZ CHANNEL WATERSHED MANAGEMENT AREA
This Memorandum of Agreement (MOA), including its attachments, exhibits and
schedules, is made and entered into as of July 1St, 2023 by and between THE SOUTH
BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG), a California Joint Powers
Authority, and THE CITY OF LOS ANGELES (CITY), a municipal corporation, THE
CITY OF CARSON, a municipal corporation, THE CITY OF EL SEGUNDO, a municipal
corporation, THE CITY OF HAWTHORNE, a municipal corporation, THE CITY OF
INGLEWOOD, a municipal corporation, THE CITY OF LAWNDALE, a municipal
corporation, THE CITY OF LOMITA, a municipal corporation, LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the
COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of
California. Collectively, these entities shall be known herein as PARTIES or individually
as PARTY.
RECITALS
WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the
California Regional Water Quality Control Board, Los Angeles Region (Regional Board)
have classified the Greater Los Angeles County Municipal Separate Storm Sewer
System (MS4) as a large MS4 pursuant to 40 Code of Federal Regulations (CFR)
section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and
WHEREAS, the Regional Board adopted the 2012 National Pollutant Discharge
Elimination System (NPDES) MS4 Permit Order No. R4-2012-0175 on November 8,
2012, which was re -adopted in the 2021 Regional Phase I MS4 Permit Order No. R4-
2021-0105; and
WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and
required that LACFCD, the COUNTY, and 84 of the 88 cities within Los Angeles County
comply with its prescribed elements; and
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WHEREAS the 2021 MS4 Permit became effective on September 11, 2021,
superseding the 2012 MS4 Permit, and requires that LACFCD, the COUNTY, 85 cities
within the coastal watersheds of Los Angeles County, Ventura County Watershed
Protection District, the County of Ventura, and 10 cities within Ventura County comply
with its prescribed elements; and
WHEREAS, the MS4 Permit identifies the PARTIES as MS4 permittees
responsible for compliance with the MS4 Permit requirements pertaining to the
PARTIES' collective jurisdictional area in the Dominguez Channel Watershed
Management Area as identified in Exhibit D of this MOA; and
WHEREAS, the CITY and the cities of Carson, EI Segundo, Hawthorne,
Inglewood, Lawndale, Lomita, and LACFCD and the COUNTY formed the Dominguez
Channel Watershed Management Group (DC WMG) to collaborate on the CIMP and the
WMP in accordance with the MS4 Permit, and the CITY serves as the DC WMG Lead
Agency; and
WHEREAS, the PARTIES desire to have the SBCCOG: (a) invoice and collect
funds from each of the PARTIES to cover the costs of MONITORING SERVICES and
WMP-RELATED TASKS and pay the CITY; (b) perform tasks identified in CONTRACT
ADMINISTRATION in Exhibit A of this MOA; and
WHEREAS, the PARTIES desire to collaborate on the development of a WMP
and CIMP in accordance with the MS4 Permit for a portion of the Dominguez Channel
Watershed Management Area as identified in Exhibit D of this MOA to comply with all
applicable monitoring requirements of the MS4 Permit; and
WHEREAS, the WMP was submitted to the Regional Board by the PARTIES on
June 25, 2015, and was approved by the Regional Board on April 20, 2016; and
WHEREAS, a revised WMP was submitted to the Regional Board by the
PARTIES on June 29, 2021 and is pending approval; and
WHEREAS, the first CIMP was submitted to the Regional Board by the PARTIES
on April 18, 2016, and was approved by the Regional Board on July 1, 2016; and
WHEREAS, a revised CIMP was submitted to the Regional Board by the
PARTIES on March 11, 2023 and is pending approval; and
WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the
estimated costs of the implementation of the CIMP and WMP; and
WHEREAS, the PARTIES agree that each shall assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit notwithstanding this
MOA; and
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WHEREAS, the PARTIES desire to have the SBCCOG: (a) invoice and collect
funds from each of the PARTIES to cover the cost of MONITORING SERVICES and
WMP-RELATED TASKS and pay the CITY; (b) perform tasks identified in CONTRACT
ADMINISTRATION in Exhibit A of this MOA;
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows:
Section 1. Recitals. The recitals set forth above are true and correct and fully
incorporated into this MOA.
Section 2. Purpose. The purpose of this MOA is to cooperatively fund the
MONITORING SERVICES and WMP-RELATED TASKS, as set forth in Exhibit A of this
MOA.
Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain
the purposes of this MOA.
Section 4. Voluntary. The PARTIES have voluntarily entered into this MOA for the
implementation of the MONITORING SERVICES and WMP-RELATED TASKS and
authorize the SBCCOG to administer the cost-sharing.
Section 5. Term. This MOA shall become effective on July 1, 2023 and shall remain
in effect for three (3) years up to and including June 30, 2026. The MOA may be
extended, through mutual agreement of the PARTIES.
Section 6. Commitment. Once effective, the PARTIES agree to uphold the promises
contained in this MOA for the duration of the agreed upon term. The PARTIES agree
that costs, expenses, fees, liabilities, and obligations incurred by the CITY in performing
MONITORING SERVICES in accordance with Tables 2-2D(i) of Exhibit B and WMP-
RELATED TASKS in accordance with Tables 3-313 of Exhibit B prior to the execution
date of this MOA but after July 1, 2023, shall be cost -shared under this Agreement
according to the amounts specified in Exhibit B and shall be included in the first invoice.
Section 7. THE PARTIES AGREE:
a. Monitoring Services. The CITY will perform the MONITORING SERVICES as
defined in Exhibit A.
b. WMP-Related Tasks. The CITY and the SBCCOG will perform the WMP-
RELATED TASKS, as defined in Exhibit A.
c. Reporting. Each PARTY hereto authorizes the CITY to prepare and submit
reports to the Regional Board as required by the MS4 Permit. In addition, the
CITY will submit to the PARTIES the data used to prepare the reports. This data
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will be transmitted electronically to all PARTIES and as requested by the
Regional Board. The CITY will provide sufficient time to the PARTIES to review
the prepared reports. The CITY shall consider incorporating such comments
received and answering a PARTY's questions to the best of its abilities prior to its
submittal to the Regional Board.
d. Contract Administration. The SBCCOG will be responsible for CONTRACT
ADMINISTRATION, as defined in Exhibit A.
e. Communication. To the extent the PARTIES have communications related to
CONTRACT ADMINISTRATION as defined in Exhibit A, such communications
shall be directed to the SBCCOG. Communications concerning MONITORING
SERVICES and WMP-RELATED TASKS under this Agreement shall be directed
to the DC WMG Lead Agency. Written notice will be provided to the PARTIES
should contact information from the SBCCOG and/or the DC WMG Lead Agency
change.
f. Contracting. The PARTIES contemplate that other individual NPDES permit
holders may wish to participate in the MONITORING SERVICES without being a
PARTY to this MOA. In the event that another NPDES permittee wants to
participate in the MONITORING SERVICES, the SBCCOG may enter into an
individual separate agreement with such individual NPDES permittee. The
individual NPDES permittee will not become a PARTY to this MOA but will be
responsible for its proportionate share of the costs for those MONITORING
SERVICES. If other individual NPDES permit holders' participation modifies the
PARTIES' proportionate cost share, each PARTY's proportional payment
obligation shall be modified administratively in Exhibit B.
Section 8. Invoicing and Payment
a. Invoicing. The SBCCOG will invoice all PARTIES, except the CITY, annually in
amounts not exceeding the invoice amounts shown in Table 1 of Exhibit B. The
annual invoices will be issued by the SBCCOG to the PARTIES in July of each
calendar year for their proportional share of the estimated cost for MONITORING
SERVICES and WMP-RELATED TASKS, including SBCCOG's Contract
Management Fee, for the fiscal year, as shown in Table 1 of Exhibit B. The first
invoice will be issued in July 2023 or upon the execution of this Agreement,
whichever is later. The PARTIES hereby acknowledge and ratify services
performed on or after the earlier of July 1St, 2023 or the date of the last signature
of the PARTIES that are performed in accordance with the terms and conditions
of the MOA. Such services shall be included in the first invoice and reimbursable
pursuant to this MOA. The CITY will invoice the SBCCOG for tasks performed,
deducting the CITY's cost portion for such tasks and the CITY's cost portion for
the SBCCOG's Contract Management Fee. The CITY shall provide SBCCOG an
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accounting of the MONITORING SERVICES, and any WMP-RELATED TASKS
completed during each annual payment term consistent with the format as shown
in Exhibit E.
b. Annual Payment. Each PARTY, excluding the CITY, shall pay the SBCCOG for
their invoice within sixty (60) days of receipt of the invoice from the SBCCOG.
c. Late Payment Penalty. Any payment that is not received within sixty (60) days
following receipt of the invoice from SBCCOG shall be subject to a late payment
of 10%. Interest on any late payments shall accrue at the rate of 1 % per month
for each month a payment is past due.
d. Delinquent Payments. A payment not made within three hundred and sixty-five
(365) days after receipt of the invoice from the SBCCOG shall result in the
SBCCOG notifying the Regional Board and the PARTIES that the delinquent
PARTY is no longer a participating member of the CIMP or WMP. The PARTY
shall be deemed to have withdrawn from this MOA and the remaining PARTIES'
cost share allocation shall be adjusted in accordance with the cost allocation
formula in Table 1 of Exhibit B. Withdrawal shall not relieve a PARTY's obligation
to pay its proportionate share of costs that were due at the time of the deemed
withdrawal.
e. Contingency. Each PARTY's annual invoice will include a contingency of fifteen
percent (15%) for MONITORING SERVICES and fifteen percent (15%) for WMP-
RELATED TASKS, as shown in Table 1 of Exhibit B. Contingency funds will be
held by SBCCOG until such time as they are needed. Contingency funds that are
used will be applied to each PARTY based on its proportional share. No PARTY
will be obligated to pay for additional expenditures which exceed its contingency
amounts without an amendment to this MOA.
Monitoring Services Contingency. The CITY shall have access to the
MONITORING SERVICES Contingency, for paying for or otherwise
implementing the MONITORING SERVICES defined in Exhibit A of this
MOA. The CITY shall notify the PARTIES before use of the MONITORING
SERVICES Contingency is appropriate or required as soon as practicable,
but any failure to notify any PARTY or the PARTIES shall not alter,
eliminate, or affect the CITY's right to payment. The CITY will indicate the
amount of MONITORING SERVICES Contingency used in its applicable
invoice(s) to the SBCCOG for implementation of the MONITORING
SERVICES. Should the CITY determine in its reasonable discretion that
the MONITORING SERVICES Contingency not be necessary for
MONITORING SERVICES, the PARTIES may administratively shift these
funds to be used for WMP-RELATED TASKS and do so using the process
defined in Section 9(c).
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ii. WMP-Related Tasks Contingency. The PARTIES may utilize WMP-
RELATED TASKS Contingency to complete projects consistent with the
WMP-RELATED TASKS defined in Exhibit A. To utilize WMP-RELATED
TASKS Contingency, the DC WMG shall discuss the proposed activity and
the DC WMG will come to a majority consensus, using the process
defined in Section 9(c), as to whether to move forward with the use of
WMP-RELATED TASKS Contingency and the process for implementation.
The SBCCOG shall utilize the WMP-RELATED TASKS Contingency to
reimburse the entity responsible for administering the approved WMP-
RELATED TASK funded by the WMP-RELATED TASKS Contingency.
Should the WMP-RELATED TASKS Contingency not be necessary for
WMP-RELATED TASKS, the PARTIES may administratively shift these
funds to be used for MONITORING SERVICES, using the process defined
in Section 9(c).
f. Shifting of Funds. The PARTIES may shift funds collected under this MOA
between MONITORING SERVICES and WMP-RELATED TASKS
administratively, without an amendment to this MOA, provided that the overall
amount does not exceed the total not -to -exceed amount of this MOA or a
PARTY'S annual proportional cost, as set forth in Table 1 of Exhibit B, and if
approved by a majority consensus, using the process defined in Section 9(c).
Should the CITY require a shift in funds between MONITORING SERVICES and
WMP-RELATED TASKS in order to implement the MONITORING SERVICES
and WMP-RELATED TASKS, it shall notify the SBCCOG before shifting these
funds.
g. Contract Management Fee. The SBCCOG will receive a Contract Management
Fee of $50,000 per year for administration of this MOA by the SBCCOG. Each
PARTY will be assessed its proportionate share of the annual Contract
Management Fee as shown in Table 4 of Exhibit B.
h. Reconciliation of this MOA. At the end of the MOA, the SBCCOG will provide the
PARTIES with an accounting of actual expenditures, consistent with the format
as shown in Exhibit E, within ninety (90) days. Any unexpended funds held by
SBCCOG at the termination of this MOA will be rolled -over to cover expenses in
any subsequent MOA. PARTIES may request in writing a refund or credit of any
unexpended funds by the SBCCOG, in accordance with the distributed cost
formula set forth in Table 1 of Exhibit B.
Section 9. THE PARTIES FURTHER AGREE:
a. Documentation. The PARTIES agree to promptly provide at no cost to the CITY
all requested information and documentation in their possession that the CITY, in
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its discretion, deems to be necessary or helpful for the performance of the
MONITORING SERVICES and WMP-RELATED TASKS.
b. Access. During the term of this MOA on an as -needed basis, each PARTY shall
allow the CITY or its contractor reasonable access and entry to land, facilities
and structures owned, operated, or controlled by the PARTY, which access and
entry are necessary or helpful for the CITY or its contractor to perform
MONITORING SERVICES and WMP-RELATED TASKS (FACILITIES). The
FACILITIES shall include but not be limited to the PARTY's storm drains,
channels, catch basins, and similar, provided, however, that prior to entering any
of the PARTIES' FACILITIES, the CITY or its contractor, as applicable, shall
provide seventy-two (72) hours' advance written notice of entry to the applicable
PARTY, or in the cases where seventy-two (72) hours' advance written notice is
not possible, such as in cases of unforeseen wet weather, the CITY or its
contractor shall provide written notice to the applicable PARTY as early as
reasonably possible. Any PARTY, including LACFCD, agrees to provide the
CITY or its contractor a "no -fee" Access Permit to its FACILITIES. This Access
Permit does not cover any fees that may be required for Construction Permits for
the installation of permanent monitoring equipment. The CITY shall secure any
required necessary permits prior to entry.
c. Consensus. The PARTIES agree that consensus in the DC WMG will be
determined by a majority (50%) voting of the DC WMG members based on each
PARTY's percentage land area of the Watershed as shown in Exhibit D.
Consensus shall be reached using an e-mail vote of DC WMG members. Any
PARTY that does not respond to a vote within five (5) business days shall be
considered to support the majority consensus.
d. Participation. Each PARTY shall designate an individual to provide
representation at the DC WMG that is authorized to provide official input on
behalf of the PARTY. Each PARTY shall ensure that a representative attends the
DC WMG meetings and, if necessary, responds to e-mail communication.
e. Additional Activities. The PARTIES agree that additional activities may arise in
the course of implementing this MOA, and there may be interest in utilizing funds
collected through this MOA or pursuing additional funds, including but not limited
to the Safe Clean Water Program, to complete those projects. The DC WMG, led
by the DC WMG Lead Agency, shall discuss and determine additional activities
to be completed and the implementation approach to completing those projects.
The DC WMG will determine which activities to pursue in accordance with the
consensus process defined in Section 9(c). Any other PARTY that does not
desire to participate in an additional activity can submit a written request to the
SBCCOG that they do not desire to be part of the activity. The non -participating
PARTY will not be responsible for its proportionate share of funds to complete
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the additional project, and the cost will be recalculated amongst the remaining
PARTIES.
Section 10. Indemnification. Each PARTY shall indemnify, defend, and hold harmless
each other PARTY, on a pro rata basis, including its special districts, their member
agencies, elected and appointed officers, employees, agents, attorneys, and designated
volunteers from and against any and all liability, including, but not limited to, demands,
claims, actions, fees, costs, and expenses (including reasonable attorneys and expert
witness fees), arising from or connected with this MOA; provided, however, that no
PARTY shall indemnify another PARTY for that PARTY's own negligence or willful
misconduct.
Section 11. Termination
a. Noticing,. Any PARTY may withdraw from this MOA for any reason, in whole or
part, by giving the SBCCOG and the Regional Board thirty (30) days written
notice thereof. Withdrawing PARTIES shall remain wholly responsible for their
proportional share of the costs of MONITORING SERVICES and WMP-
RELATED TASKS for any fiscal year for which the PARTY has not withdrawn.
Withdrawing PARTIES shall not be entitled to any refunds. Each PARTY shall
also be responsible for the payment of its own fines, penalties or costs incurred
as a result of the non-performance of the CIMP and/or WMP. Upon withdrawal by
the SBCCOG, the PARTIES shall meet and confer to designate an alternate
organization to accept the SBCCOG's responsibilities under this MOA.
b. Default. If a PARTY fails to comply with any of the terms or conditions of this
MOA, that PARTY shall forfeit its rights to the work completed through this MOA,
but no such forfeiture shall occur unless and until the defaulting PARTY has first
been given notice of its default and a reasonable opportunity to cure the alleged
default.
c. Equipment Ownership. Devices such as automatic sampling stations - inclusive
of a cabinet, sampling equipment, ancillary devices, power supplies
(EQUIPMENT) may be installed to implement the CIMP. Any PARTY voluntarily
terminating membership will not be entitled to a refund for the portion of the
share paid to acquire and to operate the EQUIPMENT nor for the remaining
value of the EQUIPMENT, if any. The operational life of such EQUIPMENT is
approximately seven years, and after which it may be obsolete or may require
major remodel or replacement of electrical and mechanical components costing
equivalent to a purchase of a new EQUIPMENT. The remaining PARTIES agree
to own, operate and maintain and or replace the EQUIPMENT.
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Section 12. General Provisions
a. Notices. Any notices, bills, invoices, or reports relating to this MOA, and any
request, demand, statement, or other communication required or permitted
hereunder shall be in writing and shall be delivered to the representatives of the
PARTIES at the addresses set forth in Exhibit C attached hereto and
incorporated herein by reference. PARTIES shall promptly notify each other of
any change of contact information, including personnel changes, provided in
Exhibit C. Written notice shall include notice delivered via e-mail or fax. A notice
shall be deemed to have been received on (a) the date of delivery, if delivered by
hand during regular business hours, or by confirmed facsimile or by e-mail; or (b)
on the third (3rd) business day following mailing by registered or certified mail
(return receipt requested) to the addresses set forth in Exhibit C.
b. Administration. For the purposes of this MOA, the PARTIES and SBCCOG
hereby designate as their respective representatives the persons named in
Exhibit C. The designated representatives, or their respective designees, shall
administer the terms and conditions of this MOA on behalf of their respective
entities. Each of the persons signing below on behalf of a PARTY or the
SBCCOG represents and warrants that he or she is authorized to sign this MOA
on behalf of such entity.
c. Relationship of the Parties. The PARTIES to this MOA are, and shall at all times
remain as to each other, wholly independent entities. No PARTY shall have
power to incur any debt, obligation, or liability on behalf of any other PARTY
unless expressly provided to the contrary by this MOA. No employee, agent, or
officer of a PARTY shall be deemed for any purpose whatsoever to be an agent,
employee, or officer of another PARTY.
d. Amendment. The terms and provisions of this MOA may not be amended,
modified, or waived, except by an instrument in writing signed by all non -
delinquent PARTIES and the SBCCOG. Such amendments may be executed by
those individuals listed in Exhibit C or by a person authorized to execute such
amendment on behalf of each PARTY.
e. Law to Govern. This MOA is governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California. In the event of
litigation related to this MOA, venue in the State Superior Court or Federal
District Court shall lie exclusively in the County of Los Angeles.
f. No Presumption in Drafting. The PARTIES to this MOA agree that the general
rule that an MOA is to be interpreted against the PARTY drafting it, or causing it
to be prepared shall not apply.
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g. Severability. If any provision of this MOA shall be determined by any court to be
invalid, illegal, or unenforceable to any extent, then the remainder of this MOA
shall not be affected, and this MOA shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOA.
h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES
to this MOA with respect to the subject matter hereof.
Waiver. Waiver by any PARTY to this MOA of any term, condition, or covenant
of this MOA shall not constitute a waiver of any other term, condition, or
covenant. Waiver by any PARTY to this MOA of any breach of the provisions of
this MOA shall not constitute a waiver of any other provision, nor a waiver of any
subsequent breach or violation of any provision of this MOA.
Counterparts. This MOA may be executed in any number of counterparts, which
execution may be by electronic means as defined in Civil Code section 1633.2
and 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 MOA.
k. All PARTIES to this MOA have been represented by counsel in the preparation
and negotiation of this MOA. Accordingly, this MOA shall be construed
according to its fair language.
IN WITNESS WHEREOF, the PARTIES have caused this MOA to be executed
by their duly authorized representatives and affixed as of the date of signature of the
PARTIES:
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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
Mark Pestrella, Chief Engineer Date
APPROVED AS TO FORM:
Dawyn R. Harrison
County Counsel
Deputy
Page 12 of 34
Date
CITY OF CARSON
By (jt,�
David C. Roberts
City Manager
ATTEST:
By,-�c
Dr. Khaleah K. Bradshaw
City Clerk
APPROVED AS TO FORM:
By
Ci Attorne
Y
Page 13 of 34
Date
SON, Cq
U
EUNVtM��
June 9, 2023
Date
CITY OF EL SEGUNDO
By
Darrell George
City Manager
ATTEST:
By
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
By
Mark D. Hensley
City Attorney
Page 14 of 34
Date
Date
CITY OF LAWNDALE
By
Sean M. Moore
City Manager
ATTEST:
By
Erica Harbison
City Clerk
APPROVED AS TO FORM:
By
Gregory Murphy
City Attorney
Page 15 of 34
Date
Date
CITY OF LOS ANGELES
Date:
ATTEST:
Holly Wolcott
Interim City Clerk
APPROVED AS TO FORM:
Hydee Feldstein Soto
City Attorney
la
Adena M. Hopenstand
Deputy City Attorney
in
Aura Garcia, President
Board of Public Works
Page 16 of 34
CITY OF HAWTHORNE
By
Vontray Norris
City Manager
ATTEST:
By
Dayna Williams -Hunter
City Clerk
APPROVED AS TO FORM:
By
Robert Kim
City Attorney
Page 17 of 34
Date
Date
CITY OF INGLEWOOD
'Z/
James T. Butts, Jr.
Mayor
ATTEST:
M
Aisha L. Thompson
City Clerk
APPROVED AS TO FORM:
s
Kenneth R. Campos
City Attorney
Page 18 of 34
Date
Date
CITY OF LOMITA
By
Barry M. Waite
Mayor
ATTEST:
By
Kathleen Horn -Gregory
City Clerk
APPROVED AS TO FORM:
By
Trevor Rusin
City Attorney
Page 19 of 34
Date
Date
South Bay Cities Council of Governments
Date:
ATTEST:
M
APPROVED AS TO FORM:
am
Counsel for the SBCCOG
IN
Page 20 of 34
EXHIBIT A
MOA Scope of Work
The purpose of this MOA is to facilitate compliance by the DC WMG with the MS4 Permit. The
tasks below outline the broadly -expected work anticipated to comply with the Permit.
MONITORING SERVICES
This includes any and all tasks required to comply with the monitoring requirements established
in the MS4 Permit and associated documents. This includes but is not limited to implementation
of the DC CIMP (Coordinated Integrated Monitoring Program), which includes but is not limited
to the following activities:
• Receiving Water Monitoring
• Stormwater Outfall Monitoring
• Non-Stormwater Outfall Monitoring
• Urban Lakes Monitoring
• Data Management
• Capital, Operation, and Maintenance Activities
• Purchasing, maintaining, and replacing equipment (capital costs) necessary for
monitoring activities
• Development of the monitoring sections to be included in the Annual Report (e.g.,
trends analysis, Total Maximum Daily Load (TMDL) attainment, summary of monitoring
activities)
• Annual Reconciliation of the MONITORING SERVICES under the MOA
• This work may include additional activities and requirements based upon the March
2023 CIMP revisions, any other future CIMP revision, and subsequent requirements
set by the Regional Board.
The CITY is responsible for completing the MONITORING SERVICES in this MOA, including by
utilizing consultant support services.
WMP-RELATED TASKS
This includes any and all tasks required to comply with the MS4 Permit, as well as other work
that is determined to advance the Parties' efforts in complying with the MS4 Permit. The DC
WMG is required to complete the following activities as part of the DC Watershed Management
Program (WMP). This includes but is not limited to the sub -tasks defined below:
• Annual Reporting (including the WMP Progress Report)
• Report of Waste Discharge (ROWD)
• Adaptive Management
• WMP Revisions
• Website management (lastormh2o.org)
• California Stormwater Quality Association (CASQA) Membership
Contracts regarding WMP-RELATED TASKS will be administered by the SBCCOG utilizing a
consultant(s) selected in coordination with the DC WMG, unless otherwise determined by the
DC WMG. The lead agency of the DC WMG will provide subject -matter expertise and project
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management support to the SBCCOG and its consultant(s) for the purposes of completing this
task.
CONTRACT ADMINISTRATION
This includes any and all tasks associated with administering this MOA, including but not limited
to the following:
• Facilitate the development of agreements and subsequent amendments for the DC
WMG
• Manage procurements, contracting, and contract administration for consultants and
contractors, with the DC WMG Lead Agency providing subject -matter expertise and
project management support. This could include establishing and managing a bench of
technical consultants that could be utilized by any Party.
• Distribute invoices and collect payment from Parties
• Pay invoices from the CITY, upon receipt of invoice, as established in section 8(a) of
the MOA
• Manage the MOA budget in coordination with the DC WMG Lead Agency
• Facilitate the preparation of DC WMG administrative procedures by DC WMG and
ensure compliance with these procedures
• Annual Reconciliation of WMP-related tasks under the MOA
The CONTRACT ADMINISTRATION tasks will be completed by SBCCOG.
Additional tasks may be identified in the process of complying with the MS4 Permit, at which
point the DC WMG would determine the optimal approach to ensuring that the DC WMG
remains in compliance with any and all aspects of the MS4 Permit and its associated
documents.
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EXHIBIT B
MOA Cost Estimate Tables
Table 1. CIMP/WMP Implementation Invoicing Schedule .....................................................
24
Table 2. Distribution of Total CIMP Implementation Costs ...................................................
24
Table 2A. Distribution of Universal CIMP Costs (Shared Items) ...............................
25
Table 2A(i). Universal CIMP Costs (Shared Items)..........................................................
25
Table 213. Distribution of Dominguez Channel Watershed Monitoring Costs .........
26
Table 213(i). Dominguez Channel Watershed Monitoring Costs .......................................
26
Table 2C. Distribution of Machado Lake Watershed Monitoring Costs ...................
27
Table 2C(i). Machado Lake Watershed Monitoring Costs ................................................
27
Table 2D. Distribution of LA Harbor Watershed Monitoring Costs ...........................
28
Table 2D(i). LA Harbor Watershed Monitoring Costs .......................................................
28
Table 3. Distribution of WMP Implementation Costs............................................................
29
Table 3A. WMP Implementation Costs.........................................................................
29
Table 313. Distribution of CASOA Membership Fees ..................................................
30
Table 4. Distribution of SBCCOG Contract Management Fees ............................................
30
Page 23 of 34
Table 1. CIMP/WMP Implementation Invoicing Schedule
Agency
July 2023
July 2024
July 2025
Total Invoiced (3 years)
Total Cost of DC MOA
$1,187,607
$1,130,042
$1,471,697
$3,789,346
LACFCD
$56,258
$55,291
$72,552
$184,101
City of Los Angeles
$477,047
$453,843
$579,776
$1,510,666
County of Los Angeles
$162,863
$154,571
$203,613
$521,047
City of Carson
$249,069
$236,327
$312,456
$797,852
City of EI Segundo
$18,692
$17,639
$25,242
$61,573
City of Hawthorne
$58,095
$54,827
$78,454
$191,376
City of Inglewood
$57,980
$54,718
$78,298
$190,996
City of Lawndale
$18,801
$17,743
$25,389
$61,933
City of Lomita
$88,802
$85,083
$95,917
$269,802
Note:
Total Cost = Total CIMP (Table 2) + Total WMP (Table 3) + SBCCOG Fee (Table 4)
Table 2. Distribution of Total CIMP Implementation Costs
Agency
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total over 3 years
Total Estimated Cost of CIMP
$873,000
$842,000
$884,000
$2,599,000
LACFCD
$51,113
$50,100
$52,598
$153,811
City of Los Angeles
$358,996
$345,943
$363,199
$1,068,138
County of Los Angeles
$115,628
$111,398
$116,956
$343,982
City of Carson
$175,536
$169,117
$177,553
$522,206
City of EI Segundo
$11,010
$10,618
$11,149
$32,777
City of Hawthorne
$34,219
$33,004
$34,651
$101,874
City of Inglewood
$34,152
$32,939
$34,582
$101,673
City of Lawndale
$11,075
$10,681
$11,213
$32,969
City of Lomita
$81,271
$78,200
$82,099
$241,570
Note:
Total Cost = Universal Costs (Shared Items) + Dominguez Channel Watershed Costs + Machado Lake Watershed Costs + LA Harbor Costs.
Page 24 of 34
Table 2A. Distribution of Universal CIMP Costs (Shared Items)
Agency
Area
(acres)
/ of
Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total over 3 years
Universal Costs (shared)
50,444.88
100%
$427,770
$412,580
$433,160
$1,273,510
LACFCD1
--
--
$21,388
$20,629
$21,658
$63,675
City of Los Angeles
19,243.21
38.15%
$155,022
$149,518
$156,976
$461,516
County of Los Angeles
7,699.69
15.26%
$62,028
$59,826
$62,810
$184,664
City of Carson
11,986.38
23.76%
$96,562
$93,133
$97,778
$287,473
City of EI Segundo
1,252.18
2.48%
$10,088
$9,729
$10,215
$30,032
City of Hawthorne
3,891.93
7.72%
$31,353
$30,240
$31,748
$93,341
City of Inglewood
3,884.28
7.70%
$31,292
$30,180
$31,686
$93,158
City of Lawndale
1,259.51
2.50%
$10,147
$9,786
$10,274
$30,207
City of Lomita
1,227.70
2.43%
$9,890
$9,539
$10,015
$29,444
1 LACFCD is responsible for 5% of the Universal Costs, which is subtracted before distributing the cost among the other agencies.
Table 2A(i). Universal CIMP Costs (Shared Items)
CIMP Monitoring Component
Fiscal Year 23-24
Fiscal Year 24-25
Fiscal Year 25-26
Labor
$50,000
$45,000
$50,000
Laboratory Analysis
$153,152
$142,642
$147,406
Laboratory Data Handling Fee (15%)
$22,973
$21,396
$22,111
Laboratory Analysis -
Toxicity Identification Evaluation (TIES)
$40,000
$40,000
$40,000
Contract Services
$70,000
$70,000
$70,000
Equipment
$18,136
$15,373
$14,082
Administrative Fee (5%)
$17,713
$16,721
$17,180
Sub -Total
$371,974
$351,132
$360,779
Annual Escalation (2.5%)
--
$8,778
$18,264
Contingency (15%)
$55,796
$52,670
$54,117
Total
$427,770
$412,580
$433,160
Page 25 of 34
Table 2B. Distribution of Dominguez Channel Watershed Monitoring Costs
Agency
Area
(acres)
% of Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total over 3 years
DC Watershed
Monitoring
33,785.82
100%
$26,190
$25,260
$26,520
$77,970
LACFCD1
--
--
$1,309
$1,264
$1,326
$3,899
City of Los Angeles
5,986.68
38.15%
$4,409
$4,252
$4,464
$13,125
County of Los Angeles
6,755.80
15.26%
$4,975
$4,798
$5,038
$14,811
City of Carson
10,755.44
23.76%
$7,921
$7,639
$8,020
$23,580
City of EI Segundo
1,252.18
2.48%
$922
$889
$934
$2,745
City of Hawthorne
3,891.93
7.72%
$2,866
$2,764
$2,903
$8,533
City of Inglewood
3,884.28
7.70%
$2,860
$2,759
$2,896
$8,515
City of Lawndale
1,259.51
2.50%
$928
$895
$939
$2,762
1 LACFCD is responsible for 5% of the Dominguez Channel Watershed Cost which is subtracted before distributing the cost among the other
agencies.
Table 213(i). Dominguez Channel Watershed Monitoring Costs
CIMP Monitoring Component
Fiscal Year 23-24
Fiscal Year 24-25
Fiscal Year 25-26
Labor
$5,000
$5,000
$5,000
Laboratory Analysis
$9,377
$8,453
$9,020
Laboratory Data Handling Fee (15%)
$1,407
$1,268
$1,353
Laboratory Analysis -
Toxicity Identification Evaluation (TIES)
Contract Services
$5,000
$5,000
$5,000
Equipment
$906
$753
$664
Administrative Fee (5%)
$1,084
$1,024
$1,052
Sub -Total
$22,774
$21,498
$22,089
Annual Escalation (2.5%)
--
$537
$1,118
Contingency (15%)
$3,416
$3,225
$3,313
Total
$26,190
$25,260
$26,520
Page 26 of 34
Table 2C. Distribution of Machado Lake Watershed Monitoring Costs
Agency
Area
% of Total
Fiscal Year
Fiscal Year
Fiscal Year
Total over 3 years
$45,000
(acres)
Area
23-24
24-25
25-26
$25,578
Machado Lake
51228.39
100%
$323,883
$311,540
$327,080
$962,503
Watershed Monitoring)
$20,000
$20,000
Equipment
$13,634
$10,664
$9,663
LACFCD2
--
--
$16,194
$15,577
$16,354
$48,125
City of Los Angeles
1,998.43
38.22%
$117,607
$113,125
$118,768
$349,500
County of Los Angeles
809.66
15.49%
$47,648
$45,832
$48,119
$141,599
City of Carson
1,207.37
23.09%
$71,053
$68,345
$71,755
$211,153
City of Lomita
1,212.93
23.20%
$71,381
$68,661
$72,084
$212,126
Wilmington Drain Bed Sediment Monitoring
$7,857
$8,420
$8,840
$25,117
(LACFCD)3
1 Machado Lake Watershed Monitoring includes: In -Lake monitoring for the Nutrients & Toxics TMDLs, Non-Stormwater Outfall Monitoring,
Stormwater Outfall Monitoring in Project 510 and 77 drains, and Dry & Wet Weather monitoring in Wilmington Drain.
z LACFCD is responsible for 5% of Machado Lake Watershed Monitoring cost which is subtracted before distributing the cost among the
other agencies.
3 LACFCD is responsible for 100% of Wilmington Drain Bed Sediment Monitoring.
Table 2C(i). Machado Lake Watershed Monitoring Costs
CIMP Monitoring Component
Fiscal Year 23-24
Fiscal Year 24-25
Fiscal Year 25-26
Labor
$45,000
$40,000
$45,000
Laboratory Analysis
$170,521
$164,065
$166,784
Laboratory Data Handling Fee (15%)
$25,578
$24,610
$25,018
Laboratory Analysis -
Toxicity Identification Evaluation (TIES)
Contract Services
$20,000
$20,000
$20,000
Equipment
$13,634
$10,664
$9,663
Administrative Fee (5%)
$13,737
$12,967
$13,323
Sub -Total
$288,470
$272,306
$279,788
Annual Escalation (2.5%)
--
$6,808
$14,164
Contingency (15%)
$43,270
$40,846
$41,968
Total
$331,740
$319,960
$335,920
Page 27 of 34
Table 2D. Distribution of LA Harbor Watershed Monitoring Costs
Agency
Area (acres)
% of Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total over 3
years
LA Harbor Monitoring
11,392.33
100%
$87,300
$84,200
$88,400
$259,900
LACFCDI
--
--
$4,365
$4,210
$4,420
$12,995
City of Los Angeles
11,258.10
98.82%
$81,958
$79,048
$82,991
$243,997
County of Los Angeles
134.23
1.18%
$977
$942
$989
$2,908
1 LACFCD is responsible for 5% of the LA Harbor Cost, which is subtracted before distributing the cost among the other agencies.
Notes:
LA Harbor Monitoring includes the cost of monitoring the Main Ship Channel (HW -07).
Monitoring for the LA Harbor Bacteria TMDL at Cabrillo Beach (CB -01 and CB -02) is the sole responsibility of City of Los Angeles.
Monitoring for the Greater Harbors portion of the Dominguez Channel Toxics TMDL is funded under a separate MOA.
The cities of Carson (23.57 ac) and Lomita (14.77 ac) have small portions of land within the LA Harbor sub -watershed; but are not included
in the cost sharing.
Table 21)(i). LA Harbor Watershed Monitoring Costs
CIMP Monitoring Component
Fiscal Year 23-24
Fiscal Year 24-25
Fiscal Year 25-26
Labor
$10,000
$10,000
$10,000
Laboratory Analysis
$54,172
$50,650
$52,281
Laboratory Data Handling Fee (15%)
$8,126
$7,598
$7,842
Laboratory Analysis -
Toxicity Identification Evaluation (TIEs)
Contract Services
--
--
--
Equipment
--
--
--
Administrative Fee (5%)
$3,615
$3,412
$3,506
Sub -Total
$75,913
$71,660
$73,629
Annual Escalation (2.5%)
--
$1,791
$3,727
Contingency (15%)
$11,387
$10,749
$11,044
Total
$87,300
$84,200
$88,400
Page 28 of 34
Table 3. Distribution of WMP Implementation Costs
Agency
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total over 3 years
Total Estimated Cost of WMP'
$264,607
$238,042
$537,697
$1,040,346
LACFCD2
$2,645
$2,691
$17,454
$22,790
City of Los Angeles
$99,931
$89,780
$198,457
$388,168
County of Los Angeles
$39,985
$35,923
$79,407
$155,315
City of Carson
$62,246
$55,923
$123,616
$241,785
City of EI Segundo
$6,503
$5,842
$12,914
$25,259
City of Hawthorne
$20,211
$18,158
$40,138
$78,507
City of Inglewood
$20,171
$18,122
$40,059
$78,352
City of Lawndale
$6,540
$5,876
$12,990
$25,406
City of Lomita
$6,375
$5,727
$12,662
$24,764
Total Cost = WMP Implementation (Table 3A) + CASQA Membership Fees (Table 38)
z LACFCD is responsible for 5% of WMP Revision/RAA/Adaptive Management + Special Studies/Projects (including Program
Management Annual Escalation, and Contingency), which is subtracted before distributing the cost among the other agencies.
LACFCD does not participate in the cost of the other WMP components.
Table 3A. WMP Implementation Costs
WMP Component
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total over 3 years
Semi -Annual Progress Report (June)
$35,000
$35,000
$35,000
$105,000
Annual Reporting Package (December)'
$75,000
$75,000
$75,000
$225,000
WMP Revision/RAA/Adaptive Management
--
--
$215,000
$215,000
Report of Waste Discharge (ROWD)
$24,000
--
--
$24,000
Special Studies/Projects
$40,000
$40,000
$40,000
$120,000
Program Management (15%)
$26,100
$22,500
$54,750
$103,350
Sub -Total
$200,100
$172,500
$419,750
$792,350
Annual Escalation (2%)
--
$3,450
$16,958
$20,408
Contingency (15%)
$30,015
$25,875
$62,962
$118,852
Total
$230,115
$201,825
$499,670
$931,610
I Annual Reporting Package includes semi-annual WMP Progress Report.
Page 29 of 34
Table 313. Distribution of CASQA Membership Fees
Agency'
Area
(acres)
% of Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total over 3 years
Total CASQA FeeS2
50,444.88
100%
$34,492
$36,217
$38,027
$108,736
City of Los Angeles
19,243.21
38.15%
$13,158
$13,816
$14,506
$41,480
County of Los Angeles
7,699.69
15.26%
$5,265
$5,528
$5,804
$16,597
City of Carson
11,986.38
23.76%
$8,196
$8,606
$9,035
$25,837
City of EI Segundo
1,252.18
2.48%
$856
$899
$944
$2,699
City of Hawthorne
3,891.93
7.72%
$2,661
$2,794
$2,934
$8,389
City of Inglewood
3,884.28
7.70%
$2,656
$2,789
$2,928
$8,373
City of Lawndale
1,259.51
2.50%
$861
$904
$950
$2,715
City of Lomita
1,227.70
2.43%
$839
$881
$926
$2,646
1 LACFCD retains its own separate CASQA membership.
2 Assumes 5% annual escalation.
Table 4. Distribution of SBCCOG Contract Management Fees
Agency
Area (acres)
% of Total
Area
Fiscal
Year
23-24
Fiscal
Year
24-25
Fiscal
Year
25-26
Total over 3 years
Total SBCCOG Fees
50,444.88
100%
$50,000
$50,000
$50,000
$150,000
LACFCD1
--
--
$2,500
$2,500
$2,500
$7,500
City of Los Angeles
19,243.21
38.15%
$18,120
$18,120
$18,120
$54,360
County of Los Angeles
7,699.69
15.26%
$7,250
$7,250
$7,250
$21,750
City of Carson
11,986.38
23.76%
$11,287
$11,287
$11,287
$33,861
City of EI Segundo
1,252.18
2.48%
$1,179
$1,179
$1,179
$3,537
City of Hawthorne
3,891.93
7.72%
$3,665
$3,665
$3,665
$10,995
City of Inglewood
3,884.28
7.70%
$3,657
$3,657
$3,657
$10,971
City of Lawndale
1,259.51
2.50%
$1,186
$1,186
$1,186
$3,558
City of Lomita
1,227.70
2.43%
$1,156
$1,156
$1,156
$3,468
1 LACFCD is responsible for 5% of the Total SBCCOG Fee, which is subtracted before distributing the cost among the other agencies.
Page 30 of 34
EXHIBIT C
Dominguez Channel WMP/CIMP Responsible Agencies Representatives and
SBCCOG Contact
Agency Address
Agency Contact
City of Los Angeles
Alfredo Magallanes
Department of Public Works
E-mail: alfredo.magallanes@lacity.org
Bureau of Sanitation, Watershed
Phone: (213) 485-3958
Protection Division
1149 S. Broadway
Los Angeles, CA 90015
County of Los Angeles
Mark Lombos
Department of Public Works
E-mail: mlombos@pw.lacounty.gov
Stormwater Quality Division,
Phone: (626) 300-4665
Building A-9 East, 1 st Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Los Angeles County Flood Control District
Jalaine Verdiner
Department of Public Works
E-mail: iquintr@pw.lacountV.gov
Stormwater Quality Division,
Phone: (626) 300-4666
Building A-9 East, 1 st Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
City of Carson
David C. Roberts, City Manager
Office of the City Manager
E-mail: droberts@carsonca.gov
701 E. Carson Street
Phone: (310) 310-952-1730
Carson, CA 90749
Roland Jen
E-mail: rien@carsonca.gov
Phone: 310 952-1700 ext. 1814
City of EI Segundo
Lifan Xu
350 Main Street
E-mail: Ixu@elsegundo.org
EI Segundo, CA 90245-3895
Phone: (310) 524-2368
City of Hawthorne
Heecheol Kwon
4455 West 126th Street
E-mail: hkwon@citvofhawthorne.orq
Hawthorne, CA 90250-4482
Phone: (310) 349-2980
Akbar Farokhi, Public Works Director
E-mail: afarokhi@cityofhawthorne.org
Phone: 310 349-2985
Page 31 of 34
City of Inglewood
Lauren Amimoto
1 W. Manchester Blvd., 3rd Floor
E-mail: lamimoto@cityofinglewood.org
Inglewood, CA 90301-1750
Phone: (310) 412-5192
Thomas Lee
E-mail: tlee@citvofinglewood.org
Phone: 310 412-5333
City of Lawndale
Sean M. Moore
Office of the City Manager
E-mail: smoore@lawndalecitv.org
14717 Burin Avenue
Phone: (310) 371-3202
Lawndale, CA 90260
Fax: (310) 371-8877
City of Lomita
Ryan Smoot, City Manager
24300 Narbonne Avenue
E-mail: r.smoot@lomita.city.com
Lomita, CA 90717
Phone: (310) 325-7110 ext. 115
Fax: (310) 325-4024
South Bay Council of Governments
Jacki Bacharach, Executive Director
20285 S. Western Ave., #100
E-mail: iacki@southbaycities.org
Torrance, CA 90501
Phone: (310) 293-2612
Page 32 of 34
EXHIBIT D
Dominguez Channel Watershed Management Area Group
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EXHIBIT E
Reconciliation Template
[the line items shown in this Exhibit are placeholders and are subject to change]
CIMP & WMP RECONCILIATION
MONITORING SERVICES
FY 23-24
FY 24-25
FY 25-26
Total
Budget (MOA)
$
Annual Reporting Package
$
Actual
$
WMP Revision/RAA/Adaptive Management
$
Balance
$
$
WMP-RELATED TASKS
Budget
MOA
Actual
To Date
Balance
Semi -Annual Progress Report
$
Annual Reporting Package
$
WMP Revision/RAA/Adaptive Management
$
Report of Waste Discharge (ROWD)
$
Special Studies/Projects
$
Total
$
IIP CONTRACTS
NPDES Permittee Contract Amount Balance
$ +
Page 34 of 34