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HomeMy Public PortalAbout06) 7C Approval of MOA for the Design Plans for the Rio Hondo RiverAGENDA ITEM 7.C. COMMUNITY DEVELOPM E NT DE PARTM ENT MEMORANDUM DATE: May 15, 2018 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Michael D. Forbes , Community Development Director By: Andrew J. Coyne, Management Analyst SUBJECT: APPROVAL OF MEMORANDUM OF AGREEMENT REGARDING THE ADMINISTRATION AND COST SHARING FOR THE PREPARATION OF DESIGN PLANS FOR LOAD REDUCTION STRATEGY PROJECTS FOR THE RIO HONDO RIVER AND TRIBUTARIES RECOMMENDATION: The City Council is requested to : 1. Approve a Memorandum of Agreement (MOA) (Attachment "A ") between the ·County of Los Angeles and the cities of Alhambra, Monterey Park, Pasadena, Rosemead, San Gabriel , San Marino , South Pasadena , and Temple City, and the San Gabriel Valley Council Of Governments (SGVCOG) regarding the administration and cost sharing for the preparation of design plans for three load reduction strategy projects for the Rio Hondo River and tributaries ; and 2 . Authorize the Mayor to sign the MOA. BACKGROUND: 1. On December 17, 1972 , Congress passed the Clean Water Act to address contamination of the nation's rivers and waterways. 2. On November 16, 1990 , the U .S . Environmental Protection Agency published regulations requiring National Pollutant Discharge Elimination System (NPDES) permits for Municipal Separate Storm Sewer System (MS4) runoff, which fundamentally changed the way stormwater runoff is regulated at the State and Federal levels . 3. On December 13, 2001 , the Regional Water Quality Control Board, Los Angeles City Council May15,2018 Page 2 of 3 Region (RWQCB) issued a countywide MS4 permit to Los Angeles County and 84 participating cities , in c luding Temple City. The permit includes requirements fo r the County and cities to address stormwater runoff and pollut ion . 4. On July 9, 2010 , the MS4 permit requirement pertaining to the Los Angeles River Bacteria Total Maximum Daily Load (TMDL) was adopted by the RWQCB and became effective March 23, 2012 . The TMDL requires responsible parties to protect recreational uses in the LA River watershed by meeting targets and waste load allocations (WLAs) for the indicator bacterium E. coli by 2020. 5. On September 15 , 2015 , the City Council of the City of Temple City approved an MOU between the City , County of Los Angeles, and other neighboring agencies to prepare a Load Reduction Strategy (LRS) for the Rio Hondo River and its tributaries . 6. On March 23 , 2016 , the County of Los Angeles submitted the Rio Hondo LRS to the RWQCB . 7. On October 25, 2017, the County of Los Angeles submitted a supplemental LRS document to the RWQCB . This document discusses the details of a regional phased approach to meet the TMDL requirements for the Rio Hondo and its tributaries. ANALYSIS: Since the issuance of the updated MS4 permit in 2012 , the City of Temple City has been participating in a number of regional efforts to ensure compl iance with the permit requirements . One such requirement is the TMDL adopted by the RWQCB for the discharge of various pollutants into receiving waters . A LRS must be developed for a receiving water body to reduce pollutant levels and achieve compliance with the T MDL. In 2015, the City of Temple City joined with the County of Los Angeles and the cities of Alhambra, Monterey Park, Pasadena , Rosemead , San Gabriel , San Marino , and South Pasadena to develop a LRS for the Rio Hondo River and its tributaries. The LRS has identified improvements that will need to be made to the Eaton Wash to meet the TMDL requirements of the MS4 permit. The City is participat i ng in this effort because the Eaton Wash , which passes through Temple City, is a tributary to the Rio Hondo Riv e r. It has been determined that Temple City is responsible for approximately 43 percent of the run -off that enters the Eaton Wash from within the City. The LRS planning process included monitoring , modeling , and identification of specific BMPs to be implemented at priority outfalls along the tributary . A Low Flow Dive rsion (LFD) BMP was identified for the confluen ce of the Eaton Wash and the Rio Hondo . It will divert all dry weather flow from the wash to a nearby sanitary sewe r and prevent bacteria from being deposited into the Rio Hondo River . The diverted flows w ill be City Council May 15, 2018 Page 3 of 3 combined with wastewater at a wastewater treatment facility before being discharged into surface waters or groundwater. The City is being asked to sign the attached MOA in order to hire a consultant to prepare the design plans for the projects identified in the LRS. The total, not to exceed cost to the City will be $243,863. A portion of this cost will go to credit the County of Los Angeles for its preparation of the supplemental LRS document. The San Gabriel Valley Council of Governments (SGVCOG) will administer the agreement and retain and manage a consultant to prepare the design plans and other planning activities. Additional consultants may also be h ired for as-needed services related to the design and planning of the projects. The agreement will remain effective until the SGVCOG has provided written notice to all the member agencies that the design phase is complete. Once th e design phase has been completed, the construction phase will begin. Temple City will be expected to contribute to the construction costs. No construction estimates have been released yet, but since design is typically about 10 % of the total project cost, the City could potentially be asked to pay up to $1.5 - 2 million. Since the RWQCB is expecting the project to be completed by 2020 or 2021, the City will potentially be expected to budget the full construction cost for FY 19-20. Two years after completion, a report will be submitted to the RWQCB demonstrating if the TMDL re quirements have been met as a result of the new BMP improvements. The City is facing significant costs to meet the new MS4 permit requirements . This MOA serves as a means to reduce the costs. It is in the City's best financial and regulatory interest to sign the MOA and join its neighboring cities in meeting the TMDL requirements. For this reason, staff recomme nds that the City Council approve the MOA , as written , and authorize the Mayor to sign it. CITY STRATEGIC GOALS: Approval of the MOA furthers the City's Strategic Goals of Good Governance, Public Health and Safety, and Sustainable Infrastructure . FISCAL IMPACT: There is no impact on the FY 2017 -18 City Budget. For FY 2018-19 , the total cost to the City will not exceed $243 ,863. This will be included in the proposed FY 2018-19 C ity Budget. The City will be required to co ntribute funds fo r construction of the BMP in future years, which will be addressed in future City Budgets. ATTACHMENT: A Memorandum of Agreeme nt ATTACHMENT A Memorandum of Agreement AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITIES OF ALHAMBRA, MONTEREY PARK, PASADENA, ROSEMEAD, SAN GABRIEL, SAN MARINO, SOUTH PASADENA, AND TEMPLE CITY, AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS REGARDING THE ADMINISTRATION AND COST SHARING FOR THE PREPARATION OF DESIGN PLANS FOR THREE LOAD REDUCTION STRATEGY PROJECTS FOR THE RIO HONDO RIVER AND TRIBUTARIES This AGREEMENT is made and entered into as of the date of the last signature set forth below by and among the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG), a California Joint Powers Authority, COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California, and the CITIES OF ALHAMBRA, MONTEREY PARK, PASADENA, ROSEMEAD, SAN GABRIEL, SAN MARINO, SOUTH PASADENA, and TEMPLE CITY, municipal corporations. Collectively , these entities shall be known herein as PARTIES or individually as PARTY. WITNESSETH WHEREAS, for the purpose of this AGREEMENT, the term PARTIES shall mean the COUNTY, the SGVCOG, and the Cities of Alhambra, Monterey Park, Pasadena, Rosemead, San Gabriel, San Marino, South Pasadena, and Temple City; WHEREAS, the Los Angeles Regional Water Quality Control Board (REGIONAL BOARD) has adopted National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175; 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 the Los Angeles County comply with the prescribed elements of the MS4 Permit; and WHEREAS, the MS4 Permit identifies the PARTIES, except SGVCOG, as MS4 permittees (PERMITIEES) 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 PERMITTEES 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 Page 1 of 24 WHEREAS, the PERMITTEES have agreed to collaborate on the development of a Load Reduction Strategy (LRS) for the PERMITTEES to comply with the LAR Bacteria TMDL; and WHEREAS, the PERMITTEES have hired a consultant to develop the LRS for Rio Hondo River and Tributaries; and WHEREAS, the COUNTY, on behalf of the PERMITTEES, submitted the Rio Hondo LRS to the REGIONAL BOARD on March 23 , 2016, as shown in Attachment A; and WHEREAS, the Rio Hondo LRS identifies twenty-six (26) priority outfalls that would have to be diverted or "turned off" by 2020 in order to meet the LAR Bacteria TMDL requirements for Alhambra Wash, Rubio Wash, Eaton Wash, and the Rio Hondo; and WHEREAS , the regional phased approach proposes to construct three (3) diversions at the mouth of Alhambra Wash, Rubio Wash, and Eaton Wash ; and WHEREAS, the COUNTY, on behalf of the PERMITTEES, retained a consultant on September 13, 2016, as shown in Attachment B, to prepare a supplemental LRS document discussing the details of the regional phased approach, which was submitted to the REGIONAL BOARD on October 25, 2017, as shown in Attachment C; and WHEREAS, the PERMITTEES have agreed that hiring a consultant to prepare the design plans and other planning act ivities for the three (3) regional phased projects as described in Attachment C will be beneficial to the PERMITTEES; and WHEREAS, the PERMITTEES have agreed to cost share the preparation of design plans and other planning activities for three (3) regional phased projects; and WHEREAS, the PARTIES have agreed to credit the COUNTY twenty-seven thousand five hundred twenty-fou r dollars ($27,524) towards its cost share for providing consultant services to develop the supplemental LRS document discussing the regional phased approach; and WHEREAS, the PARTIES have agreed that the total of each PARTY 's cost share shall not exceed the total amount shown in Table 1 of Exhibit A; and WHEREAS, the PARTIES have agreed to have the SGVCOG, under the direction of the PERMITTEES: (a) administer this AGREEMENT; (b) to retain and manage a consultant to prepare design plans and other planning activities; (c) negotiate and enter into agreements with consultants for as-needed services to prepare design plans and other planning activities for three (3) regional phased projects including acquisition of all environmental and jurisdictional approvals ; and (d) invoice and collect funds from the PERMITTEES to cover the cost of the aforementioned consultant(s); and Page 2 of 24 NOW, THEREFORE , in consideration of the mutual benefits to be derived by the PERMITTEES, and of the promises contained in this AGREEMENT, the PARTIES agree as follows : Section 1. Recitals . The recitals set forth above are fully incorporated into this AGREEMENT . Section 2. Purpose . The purpose of this AGREEMENT is to cooperatively fund the preparation of design plans and other planning activities for three (3) LRS projects and to coord inate the payment between the PERMITTEES and SGVCOG. Section 3. Cooperation . The PARTIES shall fully cooperate with one another to attain the purposes of this AGREEMENT. Section 4. Voluntary . The PARTIES have voluntarily entered into this AGREEMENT for the preparation of design p lans and other planning activities for three (3) LRS projects . Section 5. Term. This AGREEMENT shall become effective to each PARTY on the date the last PARTY signs this AGREEMENT, and shall remain in effect until (1) the SGVCOG has provided written notice of completion of the design plans and all other planning activities, and (2) the SGVCOG has received payment by all PERMITTEES of their allocated pro -rata share hereunder. Section 6. SGVCOG AGREES: a. Consultant Services. To act as lead agency and hire a consultant to prepare the PROJECT documentation required under the California Environmental Quality Act, and to deliver said documentation to the PERMITEES , for their review , comment, and approval prior to formal adoption. To hire a consultant to prepare all required preliminary and final plans, specifications , and cost estimates for PROJECT, and to deliver said preliminary and final plans, specifications, and cost estimates to the PERMITIEES, for their review, comment, and approval thereof. b. Permits and rights of way. To acquire on behalf of PERMITTEES all required authorizations and jurisdictional permits from government agencies necessary to design and construct the PROJECT and to identify what rights of way may need to be acquired. Should PERMITTEES desire to have the SGVCOG acquire such rights of way, a separate agreement for that work will be required . c. Invoice. To invoice on a monthly basis the PERMITTEES for their respective share of the actual costs incurred by SGVCOG for the preparation and delivery of the design plans. Cost share shall be determined using the percentages shown in Table 3 . Billing costs shall not exceed those shown in Table 1 with-out prior consent of Permittees . Page 3 of 24 d. Expenditure. To utilize the funds deposited by the PERMITTEES only for the administration of the consultant contract(s) and the preparation of design plans and other planning activities for the LRS projects. e . Contingency. To notify the PERMITTEES if actual expenditures are anticipated to exceed the cost estimate shown in Exhibit A and obtain written approval of such expenditures from all PERMITTEES. A 10 percent contingency will be not be invoiced unless actual expenditures exceed the original cost estimate. Expenditures that exceed the 10 percent contingency will require an amendment to this AGREEMENT. f. Report. To provide the PERMITTEES with an electronic copy of the draft and final LRS design plans. g . Accounting . To provide an accounting upon termination of this AGREEMENT. At the completion of the accounting, SGVCOG shall return to PERMITTEES any unused portion of all funds deposited with SGVCOG in accordance with the cost allocation set forth in Exhibit A. h. Permit. To work with the consultant(s) to obtain all necessary permits and approvals for installation of permanent or temporary infrastructure, if needed , and/or modifications to monitoring sites, and access to storm drains, channels , catch basins, and simi lar properties (FACILITIES) during monitoring events and maintenance necessary to perform the services for which consultant(s) have been retained. i. Responsibility. Upon completion of all work under this AGREEMENT, SGVCOG will relinquish all ownership of design plans and products stemming from planning activities to the PERMITTEES. Section 7. THE PERMITIEES AGREE: a . To provide SGVCOG all available plans, and survey data of existing PERMITTEE infrastructure necessary to design PROJECT. b. If the location of existing facilities of public and/or private utilities conflicts with the construction of PROJECT, SGVCOG will identify such facilities located within PERMITTEES' right of way and request that the PERMITTEES enforce available rights under existing franchise agreements or encroachment permits held by PERMITTEES for facilities ' protection, relocation, or removal at no cost to SGVCOG . PERMITTEES may choose to authorize SGVCOG to coordinate and inspect such protection , relocation , or removal work, at PERMITTEES 's discretion. Nothing in this AGREEMENT shall restrict or affect PERMITTEES's or SGVCOG's ability to enter into separate agreements with utilities for any purpose, including for reimbursements of utility costs for protection, relocation, maintenance, or removal of their facilities. Page 4 of 24 c. To inform SGVCOG in writing within fifteen (15) days after receipt of each set of plans , studies , specifications , and/or cost estimates from SGVCOG, if any of the materials are incomplete or if additional information is necessary in order to facilitate PERMITTEE 's review of the materials . d. To review and provide to SGVCOG any comments and suggestions to, or required approvals/disapprovals of each set of plans ; studies, specifications, and/or cost estimates submitted to PERMITTEE within thirty (30) days after receipt of the complete materials. e . That the plans shall be considered complete and acceptable by PERMITTEES when the plans involving PROJECT have been reviewed and approved by the PERMITTEE's City Engineer, or his/her designated agent. Receipt by SGVCOG of PROJECT plans signed by PERMITTEE 's City Engineer or his/her designated agent shall constitute PERMITTEE's approval of said plans . f. That the funds provided by PERMITTEES for this work shall be eligible for such expenditures . g . Payment. To pay the SGVCOG for its proportional share of the estimated cost for managing the consultant(s) and administering this AGREEMENT as shown in Exhibit A, within sixty (60) days of receipt of t he invoice from SGVCOG. 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 PERMITTEES' proportional share are subject to funding appropriation and will require written approval of the PERMITTEES as explained in section 6(d). h. Documentation. To make a good faith effort to cooperate with one another to achieve the purposes of this AGREEMENT by providing all requested information and documentation, in their possession and available for release to the SGVCOG and its consultant(s), that are deemed necessary by the PARTIES to prepare the des ign plans . i. Access. Each PERMITTEE will allow reasonable access and entry to the consultant, on an as needed basis during the term of this AGREEMENT, to the PERMITTEES' FACILITIES to achieve the purposes of th is AGREEMENT, provided, however, that prior to entering any of the PERMITTEE'S FACILITIES, the consultant shall obtain all necessary permits and approvals , including executing a Right-of-Entry Agreement as may be necessary, and provide written notice 72 hours in advance of entry to the applicable PERMITTEE . Permittees shall provide any required permits at no cost to the SGVCOG or its consultants. Section 8 . Indemnification Page 5 of 24 a . Each PARTY, which includes the SGVCOG, shall indemnify, defend, and hold harmless each other PARTY, including their 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), a rising from or connected with , and in relative proportion to, its own negligence or willful misconduct under this AGREEMENT; provided, however, that no PARTY shall indemnify another PARTY for the latter PARTY'S own negligence or willful misconduct. b . The PARTIES agree that any liability borne by or imposed upon any PARTY or PARTIES hereto , arising out of this AGREEMENT and that is not caused by or attributable to the negligence or willful misconduct of any PARTY hereto, shall be fully borne by all the PERMITTEES in accordance with their respective pro rata cost shares , as set forth in Exhibit A. c. If any PERMITTEE pays in excess of its pro rata share in satisfaction of any liability described in subsection b . above, such PERMITTEE shall be entitled to contribution from each of the other PERMITTEES; provided, however, that the right of contribution is limited to the amount paid in excess of the PERMITTEE's pro rata share and provided further that no PERMITTEE may be compelled to make contribution beyond its own pro rata share of the entire liability; and provided further that no PERMITTEE shall indemnify another PERMITTEE for the latter PERMITTEE's own negligence or willful misconduct. d. To the maximum extent permitted by law, the SGVCOG shall require any contractor retained pursuant to this AGREEMENT to agree to indemnify, defend, and hold harmless each PARTY, which includes the SGVCOG , their special districts, elected and appointed officers, employees , attorneys , agents , and designated volunteers from and against any and all liability, including but not limited to demands, claims, actions, fees , costs , and expenses (including attorney and expert fees), arising from or connected with the contractor's performance of its agreement with the SGVCOG. In addition , the SGVCOG shall require any such contractor to carry, maintain , and keep in full force and effect an insurance policy or policies, and each PARTY, its elected and appointed officers , employees, attorneys , agents and designated volunteers shall be named as additional insureds on the po licy(ies) with respect to liabilities a rising out of the contractor's work. These requirements will also apply to any subcontractors hired by the contractor. Section 9. Termination and Withdrawal 1. This AGREEMENT may be terminated upon the express written agreement of all PARTIES . If this AGREEMENT 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 Page 6 of 24 to uncompleted work by the consultant still under contract will be held by the PARTY or PARTIES who fund the completion of such work . 2. If a PARTY fails to substantially comply with any of the terms or conditions of this AGREEMENT, then that PARTY shall forfeit its rights to work completed through this AGREEMENT , 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. 3. SGVCOG will notify all PARTIES in writing of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this AGREEMENT. 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 1 0 percent contingency, an amendment to this AGREEMENT must be executed to reflect the change in the PARTIES' cost share . 4. If a PARTY wishes to withdraw from this AGREEMENT 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 SGVCOG receives written notice of the PARTY'S intent to withdraw. Should any PARTY withdraw from this AGREEMENT, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A. Section 1 0. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this AGREEMENT, 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 AGREEMENT, the PARTIES hereby designate as the ir 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 AGREEMENT 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 AGREEMENT on behalf of such PARTY. Page 7 of 24 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 AGREEMENT shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this AGREEMENT. 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 AGREEMENT 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 AGREEMENT without prior written consent of the other PARTIES. e . Amendment. The terms and provisions of this AGREEMENT may not be amended, modified, or waived , except by an instrument in writing signed by all non -delinquent PARTIES . For purposes of this AGREEMENT, 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 AGREEMENT is governed by, interpreted under , and construed and enforced in accordance with the laws of the State of Californ ia. g . Severability. If any provision of this AGREEMENT is determined by any court to be invalid , illegal, or unenforceable to any extent, then the remainder of this AGREEMENT will not be affected, and this AGREEMENT will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this AGREEMENT. h. Entire Agreement. This AGREEMENT constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. i. Waiver. Waiver by any PARTY to this AGREEMENT of any term , condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a wa iver of any s ubsequent breach or violation of any provision of this AGREEMENT. j. Counterparts. This AGREEMENT 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 AGREEMENT. k. All PARTIES have been represented by counsel in the preparation and negotiation of this AGREEMENT. Accordingly, this AGREEMENT shall be construed according to its fair language . Any ambiguities shall be resolved in a collaborative Page 8 of 24 manner by the PARTIES and shall be rectified by amending this AGREEMENT as described in section 1 O(e). IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: Page 9 of 24 COUNTY OF LOS ANGELES By ------------~~----~~~--- MARK PESTRELLA, Director of Public Works APPROVED AS TO FORM: MARY C . WICKHAM County Counsel By ----------------------------- Deputy Page 10 of 24 Date Date CITY OF ALHAMBRA By ______________ _ Stephen Sham Mayor APPROVED AS TO FORM: By __________________ __ Lauren Myles City Clerk APPROVED AS TO FORM: By __________________ __ Joseph M. Montes, Esq . City Attorney Date Page 11 of 24 CITY OF MONTEREY PARK By ______________ _ Ron Bow City Manager APPROVED AS TO FORM : By __________________ __ Mark D. Hensley City Attorney Date Page 12 of 24 CITY OF PASADENA By ______________ _ Name Title APPROVED AS TO CONTENT: By __________________ __ Name Title APPROVED AS TO FORM: By __________________ __ Name, Esq . City Attorney Date Page 13 of 24 CITY OF ROSEMEAD By ______________ _ Name Title APPROVED AS TO CONTENT: By __________________ __ Name Title APPROVED AS TO FORM: By __________________ __ Name, Esq. City Attorney Date Page 14 of 24 CITY OF SAN GABRIEL By ______________ _ Name Title APPROVED AS TO CONTENT: By __________________ __ Name Title APPROVED AS TO FORM: By __________________ __ Name, Esq. City Attorney Date Page 15 of 24 CITY OF SAN MARINO By ______________ _ Name Title APPROVED AS TO CONTENT: By __________________ __ Name Title APPROVED AS TO FORM: By __________________ __ Name, Esq. City Attorney Date Page 16 of 24 CITY OF SOUTH PASADENA By ______________ _ Name Title APPROVED AS TO CONTENT: By __________________ __ Name Title APPROVED AS TO FORM: By __________________ __ Name, Esq. City Attorney Date Page 17 of 24 CITY OF TEMPLE CITY By ______________ _ Name Title APPROVED AS TO CONTENT: By __________________ __ Name Title APPROVED AS TO FORM: By __________________ __ Name, Esq. City Attorney Date Page 18 of 24 SAN GABRIEL VALLEY COUNCIL OF GOVERNM ENTS By ______________ _ Marisa Creter Executive Director APPROVED AS TO FORM : By __________________ __ Richard D . Jones Counsel for the SGVCOG Date Page 19 of 24 EXHIBIT A Rio Hondo and Tributaries Funding Contributions for LRS Implementation Table 1. Not-To-Exceed Party Cost-Share Jurisdiction Total Al h ambra $89 ,938 Monterey Park $51,895 Pasadena $860 ,530 Rosemead $13,179 San Gabriel $16,800 San Marino $256,417 South Pasadena $21 ,218 Temple City $243,863 County $295,1 60 Total $1,849,000 T able 2 : Pa rty's Des ig n Cost Per Waterbody Table 3: Rio Hondo LR S Addendum Report Tabl e 4 : SGVCOG Admin F ee Table 2 $85,362 $49,274 $816,451 $12,492 $15 ,962 $243,061 $20 ,126 $233 ,920 $3 12 ,352 $1,789,000 Page 20 of 24 Table 3 $1 ,633 $934 $1 5 ,717 $246 $299 $4,761 $389 $3,545 (-$27,524 ) $0 Table 4 $2 ,943 $1 ,687 $28,362 $441 $539 $8,595 $703 $6,398 $10,332 $60,000 EXHIBIT A Rio Hondo and Tributaries Funding Contributions for LRS Implementation Table 2. Party's Design Cost Per Waterbody Alhambra Wash Eaton Wash Rubio Wash Jurisdiction Total Drainage Drainage Drainage Area (ac) Percentage Cost Area (ac) Percentage Cost Area (ac) Percentage Cost Alhambra $85 ,362 751 .10 12.3% $85 ,362 0 0 0 0 0 0 Monterey Park $49 ,274 430.37 7.1% $49 ,274 0 0 0 0 0 0 ' Pasadena $816,451 2 ,845.42 46.8% $324,792 1 '104.56 29.1% $158,304 3,28 7.40 60 .5 % $333,355 ! Rosemead $12,492 112 .65 1.8% $12,492 0 0 0 0 0 0 San Gabriel $15 ,962 137.59 2.3% $15,962 0 0 0 0 0 0 San Marino $243 ,061 1,368 .11 22.5% $156,150 80.10 2 .1% $11,424 745.00 13.7% $75,487 South Pasadena $20,126 179.51 2 .9 % $20 ,126 0 0 0 0 0 0 Temple City $233 ,920 0 0 0 1,632 .35 43 .0% $233 ,920 0 0 0 County $312,352 259.27 4 .3 % $29,842 977 .03 25.8% $140 ,352 1,400.30 25.8% $1 42 ,158 TOTAL $1,789,000 6,084.02 $694,000 --- 3,794.04 '---------- $544,Q_OO 5,432.70 $551 ,000 Page 21 of 24 EXHIBIT A Rio Hondo and Tributaries Funding Contributions for LRS Implementation Table 3. Rio Hondo LRS Addendum Report1 Jurisdiction Total Rio Hondo LRS Addendum Report Drainage Area (ac)2 Percentage Cost Alhambra $1 ,633 751.10 4 .91% $1 ,633 Monterey Park $934 430.37 2.81% $934 Pasadena $15 ,717 7,237 .38 47.27% $15 ,717 Rosemead $246 112.65 0.74% $246 San Gabriel $299 137.59 0.90% $299 San Marino $4,761 2,193.21 14.32% $4 ,761 South Pasadena $389 179.51 1.17 % $389 Temple City $3 ,545 1 ,632 .35 10.66% $3,545 County $5 ,726 2 636.60 17 .22% $5 ,726 TOTAL $33,250 15,310.76 100% $33,250 1. County's credit is $27,524 ($3 3,25 0-$5 ,726) 2. Drainage A rea = Drainage are as from A lh ambra Wash + Eaton Wash + Rubio W ash Table 4. SGVCOG Admin Fee 1 Jurisdiction Total Drainage Area (ac) Percentage Alhambra $2 ,943 751 .10 4 .91% Monterey Park $1 ,687 430.37 2 .81% Pasadena $28,362 7 ,237.38 47 .27% Rosemead $441 112.65 0 .74% San Gabriel $539 137.59 0 .90% San Marino $8,595 2 ,193.21 14.32% South Pasadena $703 179.51 1.17% Temple City $6 ,398 1,632.35 10.66% County $10,332 2,636.60 17.22% Total $60,000 15,310.76 100% 1. SGV COG A d min Fee = $60,00 0 Page 22 of 24 EXHIBIT 8 Rio Hondo River and Tributaries Responsible Agency Representatives AGENCY ADDRESS AGENCY CONTACT County of Los Angeles Paul A lva Department of Public Works Email: palva@dpw.lacounty.gov Stormwater Quality Division, 1 1th F loor Phone: (626) 458-4325 900 South Fremont Avenue Fa x: (626) 457-1526 Alhambra, CA 91803 David Dolphin City of Alhambra Email: ddolphin@cityofalhambra.org 111 South First Street Phone: (626) 300-1571 Alhambra, CA 91801 Fax: (626) 282-5833 Bonnie Tam City of Monterey Park Emai l: btam@montereypark.ca.gov 320 West Newmark Avenue Phone: (626)307-1383 Monterey Park, CA 917 54 Fax: (626) 307-2500 Sean Singletary City of Pasadena Email: ssi ngletary@cityofpasadena. net P.O . Box 7115 Phone : (626) 7 44-4273 Pasadena, CA 91109 Fa x: (626) 744-3823 Elroy Kiepke City of Rosemead Email: ekiepke@willdan.com 8838 East Va ll ey Bou levard Phone: (562) 908-6278 Rosemead, CA 91770 Fax: (626) 307-9218 Daren Gri ll ey City of San Gabriel Email: dgrilley@sgch.org 425 South Mission Avenue Phone : (626) 308-2806 San Gabriel, CA 91776 Fa x: (626) 458-2830 Cindy Collins City of San Marino Email : ccollins@cityofsanmarino.org 2200 Huntington Dr ive Phone: San Marino, CA 91108 Fax: Page 23 of 24 City of South Pasadena 1414 Mission Street South Pasadena, CA 91030 City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 EXHIBIT B Rio Hondo River and Tributaries Responsible Agency Representatives Shin Furukawa Email: sfu rukawa@ci. south-pasadena. ca. us Phone: (626) 403 -7246 Fa x : (626) 40 3-7241 Andrew Coyne Email : acoyne@templecity.us Phone: Fa x: San Gabriel Valley Council of Governments Marisa Creter 1000 S. Fremont Ave . Un it 42 Email : mcreter@sgvcog .org Bldg A10-N, Suite 10210 Phone: (626) 457-1800 Alhambra, CA 91803 Fa x: (626) 457-1285 Page 24 of 24