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
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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
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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
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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 .
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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.
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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
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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
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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.
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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
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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:
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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