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HomeMy Public PortalAboutAgreement_2015-09-24_Los Angeles County_Rio Hondo River and Tributaries_Admin and Cost SharingMEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE CITIES OF ALHAMBRA, MONTEBELLO, MONTEREY PARK, PASADENA, ROSEMEAD, SAN GABRIEL, SAN MARINO, SOUTH EL MONTE, SOUTH PASADENA, AND TEMPLE CITY REGARDING THE ADMINISTRATION AND COST SHARING AMONG THE PARTIES RELATED TO THE LOAD REDUCTION STRATEGY FOR THE RIO HONDO RIVER AND TRIBUTARIES This Memorandum of Understanding (MOU), made and entered into as of the date of the last signature set forth below by and among the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the CITIES OF ALHAMBRA, MONTEBELLO, MONTEREY PARK, PASADENA, ROSEMEAD, SAN GABRIEL, SAN MARINO, SOUTH EL MONTE, SOUTH PASADENA, and TEMPLE CITY, municipal corporations. Collectively, these entities shall be known herein as PARTIES or individually as PARTY. WITNESSETH WHEREAS, the Los Angeles Regional Water Quality Control Board (REGIONAL BOARD) adopted National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within Los Angeles County to comply with the prescribed elements of the MS4 Permit; and WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Los Angeles River Bacteria Total Maximum Daily Load (LAR Bacteria TMDL) Resolution No. R10-007; and WHEREAS, the LAR Bacterial TMDL was adopted by the REGIONAL BOARD on July 9, 2010 and became effective March 23, 2012; and WHEREAS, the LAR Bacteria TMDL requires the responsible PARTIES to protect recreational uses in the Los Angeles River watershed by meeting targets and waste load allocations (WLAs) for the indicator bacterium E. coli; and WHEREAS, the PARTIES have agreed to collaborate on the development of a Load Reduction Strategy (LRS) for the PARTIES to comply with the LAR Bacteria TMDL; and Page 1 of 23 WHEREAS, the PARTIES have determined that hiring a consultant to develop the LRS will be beneficial to the PARTIES, and the COUNTY, on behalf of the PARTIES, agreed to retain and manage the consultant to assist in the development of the LRS; and WHEREAS, the COUNTY, on behalf of the PARTIES, has retained a consultant, CDM Smith Inc. (CONSULTANT); and WHEREAS, the CONSULTANT submitted a proposal to conduct non-stormwater monitoring/screening and development of Bacteria Load Reduction Strategies for Rio Hondo River and Tributaries dated June 1, 2015; and WHEREAS, the PARTIES have approved the CONSULTANT's proposal, which includes Tasks 1 through 5; and WHEREAS, the PARTIES have agreed to pay the COUNTY the total amount shown in Table 4 of Exhibit A for all Tasks, which includes a 5 percent administration fee; and WHEREAS, the PARTIES have agreed to have the COUNTY pay the CONSULTANT to initiate Tasks 1 through 4 shown in Table 1 of Exhibit A of this MOU; and WHEREAS, the PARTIES will determine whether to initiate Task 5 shown in Table 1 of Exhibit A of this MOU after the completion of Tasks 1 through 4 and have the COUNTY pay the CONSULTANT the associated costs for Task 5; and WHEREAS, the COUNTY will reimburse the PARTIES who are not participating in Task 5 their cost share shown in Table 3 of Exhibit A and will amend Table 3 to show an updated cost share among the participating PARTIES; and WHEREAS, the COUNTY will reimburse all PARTIES their cost share shown in Table 3 of Exhibit A if Task 5 is not initiated; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOU. Section 2. Purpose. The purpose of this MOU is to cooperatively fund the development of the LRS and to coordinate the payment between the COUNTY and the PARTIES. Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOU. Page 2 of 23 Section 4. Voluntary. This MOU is voluntarily entered into for the development of the LRS. Section 5. Term. This MOU shall become effective to each PARTY on the date that PARTY signs this MOU, and shall remain in effect until (1) the COUNTY has provided written notice of completion of the LRS, and (2) the COUNTY has received payment by all PARTIES of their allocated pro-rata share hereunder. Section 6. COUNTY AGREES: a. Consultant Services. To manage the CONSULTANT and to be responsible for coordinating the activities of the CONSULTANT. The COUNTY will be compensated for the administration of the CONSULTANT contract at a rate of 5 percent of each PARTY'S contract cost as described in Exhibit A. b. Invoice. To invoice the PARTIES for their share in the cost for the preparation and delivery of the LRS, as described in Table 4 of Exhibit A. The one-time invoice for the cost of all five Tasks will be sent upon the effective date of this MOU, as set forth in Section 5, or in December 2015, whichever comes first. c. Expenditure. To utilize the funds deposited by the PARTIES only for the administration of the consultant contract and the development of the LRS. d. Contingency. To notify the PARTIES if actual expenditures are anticipated to exceed the cost shown in Exhibit A and obtain written approval of such expenditures from all PARTIES. Upon approval, the PARTIES agree to reimburse COUNTY for their proportional share of these additional expenditures at an amount not to exceed 10 percent of the original cost estimate as shown in Exhibit A. This 10 percent contingency will not be invoiced unless actual expenditures exceed the original cost estimate. Expenditures that exceed the 10 percent contingency will require an amendment to this MOU. e. Report. To provide the PARTIES with an electronic copy of the draft and final LRS submittals and reports as submitted to the Regional Board within 5 business days of receipt from the CONSULTANT. f. Accounting. To provide an accounting upon termination of this MOU. At the completion of the accounting, COUNTY shall return any unused portion of all funds deposited with COUNTY (including funds for Task 5 if not initiated by the PARTIES) in accordance with the cost allocation formula set forth in Exhibit A. g.Permit. To work with the CONSULTANT to obtain all necessary permits for installation of permanent or temporary infrastructure, if needed; or modifications to monitoring sites; and access within storm drains, channels, catch basins, and similar properties (FACILITIES) during monitoring events and maintenance. Page 3 of 23 Section 7. THE PARTIES FURTHER AGREE: a. Payment. To pay the COUNTY for their proportional share of the estimated cost for the development of the LRS and contract administration not exceeding the invoice amounts as shown in Exhibit A, within sixty (60) days of receipt of the invoice from COUNTY. The cost estimates presented in Exhibit A have been agreed upon by the PARTIES and are subject to changes in the LRS pursuant to new REGIONAL BOARD requirements and/or unforeseen challenges in the field. Any such changes proposed to the PARTIES' proportional share are subject to funding appropriation and will require written approval of the PARTIES as explained in Section 6(d). b. Documentation. To make a good faith effort to cooperate with one another to achieve the purposes of this MOU by providing all requested information and documentation in their possession and available for release to the CONSULTANT that is deemed necessary by the PARTIES to develop the LRS. c. Access. Each PARTY will allow reasonable access and entry to the CONSULTANT, on an as needed basis during the term of this MOU, to the PARTY'S FACILITIES to achieve the purposes of this MOU, provided, however, that prior to entering any of the PARTY'S FACILITIES, the CONSULTANT shall obtain all necessary permits and execute a Right-of-Entry Agreement and provide written notice 72 hours in advance of entry from the applicable PARTY. d. Task 5. To determine, after the completion of Tasks 1 through 4, whether to initiate Task 5 shown in Table 1 of Exhibit A of this MOU. If any PARTIES agree, in writing, to initiate Task 5, then the COUNTY will direct the CONSULTANT to complete this task and COUNTY will pay the CONSULTANT with the funds previously collected from those PARTIES. If any PARTIES do not agree to initiate Task 5, then the COUNTY will refund those PARTIES their share of the cost of Task 5, as set forth in Table 4 of Exhibit A. Table 3 will be amended to show an updated cost among the participating PARTIES for Task 5. Section 8. Indemnification a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, 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 attorney's and expert witness fees), arising from or connected with the respective acts of each PARTY arising from or related to this MOU; provided, however, that no PARTY shall indemnify another PARTY for that PARTY'S own negligence or willful misconduct. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason Page 4 of 23 of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each PARTY indemnifies, defends, and holds harmless each other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 9. Termination and Withdrawal a. This MOU may be terminated upon the express written agreement of all PARTIES. If this MOU is terminated, then all PARTIES must agree on the equitable redistribution of remaining funds deposited, if there are any, or payment of invoices due at the time of termination. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONSULTANT still under contract will be held by the PARTY or PARTIES who fund the completion of such work. b. If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, then that PARTY shall forfeit its rights to work completed through this MOU, 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. COUNTY will notify all PARTIES in writing of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOU. The non- delinquent PARTIES will determine the next course of action. The remaining cost will be distributed based on the existing cost allocation formula in Exhibit A. If the increase is more than the 10 percent contingency, an amendment to this MOU must be executed to reflect the change in the PARTIES' cost share. d. If a PARTY wishes to withdraw from this MOU for any reason, that PARTY must give the other PARTIES and the REGIONAL BOARD prior written notice thereof. The withdrawing PARTY shall be responsible for its entire share of the LRS development costs shown in Exhibit A. The effective date of withdrawal shall be the 6th day after COUNTY receives written notice of the PARTY'S intent to withdraw. Should any PARTY withdraw from this MOU, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A. Section 10. General Provisions Page 5 of 23 a. Notices. Any notices, bills, invoices, or reports relating to this MOU, 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 B attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. 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 B. b. Administration. For the purposes of this MOU, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOU on behalf of such PARTY. c. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOU. 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. Binding Effect. This MOU shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOU without prior written consent of the other PARTIES. e. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES. For purposes of this MOU, a PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 7(a) or withdraws pursuant to Section 9(d). f. Law to Govern. This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. g. Severability. If any provision of this MOU is determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. Page 6 of 23 h. Entire Agreement. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. 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 one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. k. 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. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as described in Section 10(e). IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: Page 7 of 23 COUNTY OF LOS ANGELES By GAIL FARBER, Director of Public Works APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By Deputy Date Page 8 of 23 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT GAIL FARBER, Chief Engineer APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By Deputy Date Page 9 of 23 CITY OF ALHAMBRA By Mary S ink City Manager APPROVED AS TO CONTENT: By c.o g_ Lauren Myle City Clerk APPROVED AS TO FORM: By Joseph M. Montes; Esq, City Attorney Date Page 10 of 23 CITY OF MONTEBELLO By ( Francesca Tucker-Schuyler City Manager APPROVED AS TO CONTENT: By C7 Daniel Hernandez City Clerk APPROVED AS TO FORM: I B`v / nold Alva z-GI man City Attorney Page 11 of 23 CITY OF MONTEREY PARK ---P By -LS Paul Talbot City Manager APPROVED AS TO CONTEST AND FORM: By Karl H. Berger Assistant City Attorn 7-7 Date Page 12 12 of 23 CITY OF PASADENA By ael J. Beck C y Manager ATTEST: By Mark Jom City Clerk APPROVED AS TO FORM: Brad L. Fuller Assistant City Attorney Page 13 of 23 CITY OF ROSEMEAD By -Jllre'd City Manager APPROV D AS TO CONTENT: By Carol Cowley Interim City Clerk APPROVED AS TO FORM: - 1111111Y Rachel H. Richman City Attorney /- Date 5— Page 14 of 23 CITY OF SAN GABRIEL By / . 7. /a. S even A. Preston Date City Manager APPROVED AS TO FORM AND CONTENT: By Robert L. Kress City Attorney Page 15 of 23 CITY OF SAN MARINO Bye: John chaefer City anager APPROVED AS TO CONTENT: B y tke&U4 Veronica Ruiz City Clerk APPROVED AS TO FORM: By Steve Dorsey, Esq. City Attorney Da e Page 16 of 23 TCITY OF SOUTH E ON E ame Title /11 APPROVED AS TO CONTENT: By Name,frilho Title APPROVED AS AS TO FORM: By Na s City Attorney Page 17 of 23 Date CITY OF SOUTH PASADENA By Sergio Gonzalez City Manager APPROVED AS TO CONTENT: By Evelyn City Clerk ne er APPROVED AS TO FORM: By eresa L. Highsm Esq. City Attorney 5 Date Page 18 of 23 CITY OF TEMPLE CITY By / Michael D. Forbes Community Development Director APPROVED AS TO CONTENT: By Bryan Cook City Manager APPROVED AS TO F M: By Eric City Attorney Date Page 19 of 23 EXHIBIT A Rio Hondo and Tributaries Funding Contributions for LRS Implementation Table 1. Contract Cost TASK DESCRIPTION COST Task 1 Non-stormwater Snapshot Monitoring/Screening $253,980.00 Task 2 Outfall Drainage Area Assessment $33,630.00 Task 3 LRS Development $85,230.00 Task 4 Prepare LRS Report $34,010.00 Tasks 1-4 Sub-Total $406,850.00 Task 5 BMP Structural Controls and Concept Designs $98,050.00 Tasks 1-5 Total $504,900.00 Table 2. Tasks 1 through 4 Cost Allocation Formula CITY PERCENT LAND AREA LRS COST SHARE ADMIN FEE (5%)TOTAL Alhambra 7.86%$28,780.57 $1,439.03 $30,219.60 Montebello 12.15%$44,489.05 $2,224.45 $46,713.50 Monterey Park 9.40%$34,419.51 $1,720.98 $36,140.49 Pasadena 21.22%$77,700.21 $3,885.01 $81,585.22 Rosemead 7.86%$28,780.57 $1,439.03 $30,219.60 San Gabriel 6.28%$22,995.16 $1,149.76 $24,144.92 San Marino 5.73%$20,981.25 $1,049.06 $22,030.31 South El Monte 3.79%$13,877.65 $693.88 $14,571.53 South Pasadena 0.43%$1,574.51 $78.73 $1,653.24 Temple City 6.13%$22,445.91 $1,122.30 $23,568.21 County UA 19.15%$70,120.61 $0.00 $70,120.61 LACFCD (10% Contribution)0.00%$40,685.00 $0.00 $40,685.00 TOTAL 100.00%$406,850.00 $14,802.23 $421,652.23 Table 3. Task 5 Cost Allocation Formula CITY PERCENT LAND AREA LRS COST SHARE1 ADMIN FEE (5%)TOTAL Alhambra 7.86%$6,936.06 $346.80 $7,282.86 Montebello 12.15%$10,721.77 $536.09 $11,257.86 1 LACFCD's share of contract cost is 10 percent of the total cost. The LRS Cost Share therefore shows this 10 percent amount for the LACFCD. The amount shown for the remaining PARTIES is calculated by multiplying the total cost for the Task(s) minus the LACFCD's share by the percent land area for each PARTY. Page 20 of 23 EXHIBIT A Rio Hondo and Tributaries Funding Contributions for LRS Implementation Monterey Park 9.40%$8,295.03 $414.75 $8,709.78 Pasadena 21.22%$18,725.59 $936.28 $19,661.87 Rosemead 7.86%$6,936.06 $346.80 $7,282.86 San Gabriel 6.28%$5,541.79 $277.09 $5,818.88 San Marino 5.73%$5,056.43 $252.82 $5,309.25 South El Monte 3.79%$3,344.49 $167.22 $3,511.71 South Pasadena 0.43%$379.45 $18.97 $398.42 Temple City 6.13%$5,409.41 $270.47 $5,679.88 County UA 19.15%$16,898.92 $0.00 $16,898.92 LACFCD (10% Contribution)0.00%$9,805.00 $0.00 $9,805.00 TOTAL 100.00%$98,050.00 $3,567.29 $101,617.29 Table 4. Total Cost (Table 2 + Table 3) CITY TASKS 1-4 TASK 5 TOTAL Alhambra $30,219.60 $7,282.86 $37,502.46 Montebello $46,713.50 $11,257.86 $57,971.36 Monterey Park $36,140.49 $8,709.78 $44,850.27 Pasadena $81,585.22 $19,661.87 $101,247.09 Rosemead $30,219.60 $7,282.86 $37,502.46 San Gabriel $24,144.92 $5,818.88 $29,963.80 San Marino $22,030.31 $5,309.25 $27,339.56 South El Monte $14,571.53 $3,511.71 $18,083.24 South Pasadena $1,653.24 $398.42 $2,051.66 Temple City $23,568.21 $5,679.88 $29,248.09 County UA $70,120.61 $16,898.92 $87,019.53 LACFCD (10% Contribution)$40,685.00 $9,805.00 $50,490.00 TOTAL $421,652.23 $101,617.29 $523,269.52 Page 21 of 23 Rio Hondo River and Tributaries Responsible Agency Representatives AGENCY ADDRESS AGENCY CONTACT County of Los Angeles Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803 Paul Alva Email: palva@dpw.lacounty.gov Phone: (626) 458-4325 Fax: (626) 457-1526 Los Angeles County Flood Control District Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803 Terri Grant Email: tgrant@dpw.lacounty.gov Phone: (626) 458-4309 Fax: (626) 457-1526 City of Alhambra 111 South First Street Alhambra, CA 91801 David Dolphin Email: ddolphin@cityofalhambra.org Phone: (626) 300-1571 Fax: (626) 282-5833 City of Montebello 1600 West Beverly Boulevard Montebello, CA 90640 D Batson Email: dbatson@cityofmontebello.com Phone: (323) 887-1462 Fax: (323) 887-1464 City of Monterey Park 320 West Newmark Avenue Monterey Park, CA 91754 Amy Ho Email: amho@montereypark.ca.gov Phone: (626) 307-1383 Fax: (626) 307-2500 City of Pasadena P.O. Box 7115 Pasadena, CA 91109 Steve Walker Email: swalker@cityofpasadena.net Phone: (626) 744-4271 Fax: (626) 744-3823 City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Sean Sullivan Email: ssullivan@cityofrosemead.org Phone: (626) 569-2189 Fax: (626) 307-9218 Page 22 of 23 Rio Hondo River and Tributaries Responsible Agency Representatives City of San Gabriel 425 South Mission Avenue San Gabriel, CA 91776 Daren Grilley Email: dgrilley@sgch.org Phone: (626) 308-2806 Fax: (626) 458-2830 City of San Marino 2200 Huntington Drive San Marino, CA 91108 Lucy Garcia Email: Igarcia@sanmarinoca.gov Phone: (626) 300-0700 Fax: (626) 300-0709 City of South El Monte 1415 North Santa Anita Avenue South El Monte, CA 91733 Tony Ybarra Email: tybarra@soelmonte.org Phone: (626) 652-3163 Fax: (626) 579-2409 City of South Pasadena 1414 Mission Street South Pasadena, CA 91030 Shin Furukawa Email: sfurukawa@southpasadenaca.gov Phone: (626) 403-7240 Fax: (626) 403-7241 City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Andrew J. Coyne Email: acoyne@templecity.us Phone: (626) 285-2171 Fax: (626) 285-8192 Page 23 of 23