HomeMy WebLinkAboutItem 3a: Memorandum of Understanding for development of an Enhanced Watershed Management ProgramGPLIFORnr9y�r
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Co�nnity STAFF REPORT
Public Works Services Department
DATE: May 21, 2013
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
Prepared by: Vanessa Hevener, Environmental Services Officer
SUBJECT: AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE CITIES OF AZUSA,
BRADBURY, DUARTE, MONROVIA, AND SIERRA MADRE AS WELL
AS THE COUNTY OF LOS ANGELES AND LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT REGARDING THE ADMINISTRATION
AND COST SHARING FOR THE DEVELOPMENT OF THE ENHANCED
WATERSHED MANAGEMENT PROGRAM FOR THE RIO HONDO /SAN
GABRIEL RIVER WATER QUALITY GROUP; AND DIRECT STAFF TO
PREPARE AND SUBMIT A NOTICE OF INTENT TO THE CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES
REGION
Recommendation: Approve
SUMMARY
Under the newly adopted National Pollutant Discharge Elimination System Municipal
Separate Storm Sewer System Permit (MS4 Permit), municipalities are required to
notify the California Regional Water Quality Control Board, Los Angeles Region
(Regional Board) of the pathway in which it will take to comply with the new stormwater
regulations.
The Cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre, along with
County of Los Angeles and Los Angeles County Flood Control District, have agreed to
pursue the collaborative development of an Enhanced Watershed Management
Program for the Rio Hondo /San Gabriel River. Therefore, a Memorandum of
Understanding was developed to aid in cost sharing and in the development of the
Enhanced Watershed Management Program (EWMP). Agencies that elect to develop
an EWMP must notify the Regional Board no later than six months after the effective
date of the MS4 Permit. By collaborating, the Working Group will reduce overall costs
and have a more comprehensive response to the MS4 Permit. In addition, the Regional
Board provides additional time for implementation of an EWMP versus a city acting on
its own.
MOU /NOI for Rio Hondo /San Gabriel River Water Quality Group
June 4, 2013
Page 2 of 5
DISCUSSION
The MS4 Permit establishes the waste discharge requirements for stormwater and non -
stormwater discharges within the watersheds of Los Angeles County. This MS4 Permit
was adopted by the California Regional Water Quality Control Board, Los Angeles
Region (Regional Board), on November 8, 2012, and became effective on
December 28, 2012.
The new MS4 Permit includes provisions that allow permittees the flexibility to
customize their stormwater programs to achieve compliance over time. Specifically,
permittees may voluntarily choose to implement a Watershed Management Program
(WMP) or an Enhanced Watershed Management Program (EWMP). These programs
allow municipalities the flexibility to develop Watershed Management Programs on a
watershed scale through customized strategies, control measures, and Best
Management Practices (BMPs).
The EWMP uses integrated planning to comprehensively evaluate opportunities to
implement multi- benefit regional projects. Through the EWMP, permittees will not only
implement projects to improve water quality, but also have incentives to evaluate and,
where feasible, implement regional projects that retain non - stormwater runoff,
commonly referred to as nuisance water runoff, and stormwater runoff from the
drainage area tributary to those projects. These projects may also achieve other
benefits such as flood protection, water supply enhancement, recreational opportunities,
and wildlife habitat enhancement. The Peck Road Water Conservation Park is an
example of a publicly owned property that can be used to achieve regional compliance
with the mandate.
The Group also was tasked with developing a scope of services for the development of
an Enhanced Watershed Management Program Plan. The City of Arcadia took the lead
on sending out the Request for Proposal (RFP). The RFP was sent to 13 qualified
consultant firms. The City received three proposals, and the Group conducted
interviews with the consultants. Assuming the Cities formally enter into a Memorandum
of Understanding, the next step is to bring a recommendation before the City Council in
June, and give a notice to proceed to the consultant in July. A draft of the EWMP Plan
has to be submitted to the Regional Board by June 2015. In the meantime, the City will
need to implement minimum stormwater control measures and continue stormwater
review for projects.
Memorandum of Understanding
On February 14, 2013, the Cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and
Sierra Madre, along with the County of Los Angeles and the Los Angeles County Flood
Control District, agreed to pursue the collaborative development of the Enhanced
Watershed Management Program for the Rio Hondo /San Gabriel River Water Quality
MOU/NOI for Rio Hondo /San Gabriel River Water Quality Group
June 4, 2013
Page 3 of 5
Group. The Oversight Committee which is comprised of City Managers and /or
designated staff was formed to guide the development of the scope of work to be
conducted and directed staff to develop the Memorandum of Understanding (MOU).
(See Attachment "A ").
The City of Arcadia agreed to act as the contract manager and will be responsible for
the administration of contract services and collecting and administering funds under the
MOU. The City of Arcadia will be acting in this capacity at no cost to the participating
agencies.
The MOU specifies the financial commitment for the preparation of the EWMP for each
agency based on a cost sharing formula. The Los Angeles County Flood Control
District agreed to pay for 10% of the total cost of the contracted services for the
preparation of the Plan. The remaining balance will be divided amongst the rest of the
agencies based on the agreed cost sharing formula as follows: 10% base for
participation plus 90% based on each agency's land area that drains to the Los Angeles
River /Gabriel Rivers. The map shows the boundaries of each City and the County of
Los Angeles that make up the Rio Hondo /San Gabriel River Water Quality Group. (See
Attachment "B ").
The MOU also includes a consideration of environmental review to be conducted as the
plan is being developed. Once the appropriate level of environmental review necessary
for the EWMP is determined, the Oversight Committee may direct the City of Arcadia to
develop an RFP for environmental review services. The same cost sharing formula that
was used for the EWMP Plan may be used to pay for the environmental review
services.
The term of the MOU is estimated to extend through Fiscal Year 2015 -16 or the time at
which the Regional Board provides approval of EWMP. The City of Arcadia will then
provide all agencies with a full accounting of the money that was collected and used for
those services.
Table 1 below shows the cost sharing formula and the cost of each of the participating
agencies:
Table 1. Cost Allocation Formula
Agencies
Acres
Percent of
Area
Base Fee
(10%)
Cost based on
Acres (90%)
Total Cost
City of Arcadia
11
26.51%
$10,164.05
$169.727.34
$179,891.39
City of Azusa
9.3
22.41%
$10,164.05
$143,496.75
$153,660.80
City of Bradbury
1.9
4.58%
$10,164.05
$29,316.54
$39,480.59
City of Duarte
3.6
8.67%
$10,164.05
$55,547.13
$65,711.18
City of Monrovia
8
19.28%
$10,164.05
$123,438.07
$133,602.11
City of Sierra Madre
2.8
6.75%
$10,164.05
$43,203.32
$53,367.37
MOU /NOI for Rio Hondo /San Gabriel River Water Quality Group
June 4, 2013
Page 4 of 5
Agencies
Acres
Percent of
Base Fee
Cost based on
Total Cost
Area
(10%)
Acres (90%)
County of Los Angeles
4.9
11.81%
$10,164.05
$75,605.82
$85,769.86
Los Angeles County
-
-
$79,053.70
-
$79,053.70
Flood Control District
Total
41.5
100%
$150,202.03
$640,334.97
$790,537.00
The City of Arcadia's cost share for the development of the EWMP is approximately
$179,891.39. Cost -share payments will be split over three years, beginning in Fiscal
Year 2013 -14. The City's first payment is approximately $66,739.83 and the next two
payments each will be $56,575.78. However, costs may vary slightly from year to year
based on the scheduling of work as directed by the Oversight Committee. Annual costs
would be divided among participating agencies based on the MOU's cost share formula.
It was recommended that the base fee of $10,164.05 be paid as soon as possible.
Annual invoices for the remainder of the costs will be due no later than July 31 of each
year, starting with July 2013.
Notice of Intent
Agencies opting to develop an EWMP are required to submit a Notice of Intent (NOI) to
the Regional Board by June 28, 2013. The following information and documents must
be submitted with the NOI:
i. Watershed Management Approach (is the City choosing to develop a WMP or
EWMP and which other cities will the City be developing the plan with)
ii. Identify all interim and final pollutant limits
iii. Verify that Low Impact Development Ordinance and Green Street Policy
development has begun
iv. Permittees electing for the EWMP option must also provide:
a. Plan concept and geographical scope
b. Cost estimate for plan development
c. Executed Memorandum of Agreement (MOU) among participating
Permittees, or final draft MOU among participating Permittees along
with a signed letter of intent from each participating City Manager or
head of agency
d. Interim milestones for plan development and deadlines for their
achievement
e. Identification of, and commitment to fully implement, one (or a suite of
smaller) Infrastructure project(s) at a scale that provides meaningful
water quality improvement within each watershed covered by the plan.
Project must be completed by June 28, 2015
v. Identify watershed control measures to be implemented during plan
development
vi. Type of Monitoring Plan to be developed
MOU /NOI for Rio Hondo /San Gabriel River Water Quality Group
June 4, 2013
Page 5 of 5
FISCAL IMPACT
Annual costs would be divided among participating agencies based on the MOU's cost
share formula. The City of Arcadia's total cost for the preparation of the EWMP Plan is
approximately $179,891.39. Cost -share payments will be split over three years with the
first installment of approximately $66,739.83 (FY 2013 -14) and subsequent two years
$56,575.78 each (FY 2014 -15 and FY 2015 -16). The total cost for the preparation of
the Plan has been budgeted in the Fiscal Year 2013 -14 Capital Improvement Program.
RECOMMENDATION
It is recommended that the City Council authorize and direct the City Manager to
execute a Memorandum of Understanding with the Cities of Azusa, Bradbury, Duarte,
Monrovia, and Sierra Madre as well as the County of Los Angeles and Los Angeles
County Flood Control District regarding the administration and cost sharing for the
development of the Enhanced Watershed Management Program for the Rio Hondo /San
Gabriel River Water Quality Group; and direct Staff to prepare and submit a Notice of
Intent to the California Regional Water Quality Control Board, Los Angeles Region.
Approved:
Dominic Lazzare
City Manager
Attachment "A" - Memorandum of Understanding between the Los Angeles County Flood
Control District, the County of Los Angeles, the Cities of Arcadia,
Azusa, Bradbury, Duarte, Monrovia and Sierra Madre
Attachment "B" - Rio Hondo /San Gabriel River Water Quality Group Map
ATTACHMENT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,
THE COUNTY OF LOS ANGELES, AND
THE CITIES OF ARCADIA, AZUSA, BRADBURY, DUARTE, MONROVIA
AND SIERRA MADRE
REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT
OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM (EWMP) FOR THE
RIO HONDO /SAN GABRIEL RIVER WATER QUALITY GROUP'S WATERSHED
This Memorandum of Understanding (MOU), made and entered into as of the date of
the last signature set forth below by and between the LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT (LACFCD), a political subdivision of the State of California, the
COUNTY OF LOS ANGELES (LA COUNTY), a political subdivision of the State of
California, and the CITIES OF ARCADIA, AZUSA, BRADBURY, DUARTE, MONROVIA,
AND SIERRA MADRE. Collectively, these entities shall be known herein as "PARTIES"
or individually as "PARTY."
WITNESSETH
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
(Regional Board) adopted National Pollutant Discharge Elimination System Municipal
Separate Storm Sewer System Permit Order No. R4- 2012 -0175
Municipal Separate Storm Sewer System (MS4 Permit); and
WHEREAS, the MS4 Permit became effective on December 28, 2012 and
requires that the LACFCD, LA COUNTY, and 84 of the 88 cities (excluding Avalon,
Long Beach, Palmdale, and Lancaster) within the County of Los Angeles comply with
the prescribed elements of the MS4 Permit; and
WHEREAS, the PARTIES have agreed to collaborate on the compliance of
certain elements of the MS4 Permit and have agreed to a cost sharing formula set forth
in Table 2 of Exhibit A, which is attached and made part of this MOU; and
WHEREAS, the PARTIES agree that each shall assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit despite the
collaborative approach of this MOU; and
WHEREAS, the PARTIES collaboratively prepared a final Scope of Work and
Request for Proposal to obtain a Consultant to assist the PARTIES in complying with
certain elements of the MS4 Permit, as specified in the Scope of Work, which is
incorporated into this MOU by reference; and
Page 1 of 13
WHEREAS, the PARTIES propose for the Consultant to prepare and deliver a
Final Work Plan, Draft Enhanced Watershed Management Program (EWMP) plan,
Coordinated Integrated Monitoring Plan (CIMP), Final EWMP plan, and Environmental
Review as appropriate to the EWMP and CIMP (collectively, PLANS) in compliance with
certain elements of the MS4 Permit, at a total cost of approximately $790,537; and
WHEREAS, the PARTIES have determined that hiring a Consultant to prepare
and deliver the PLANS will be beneficial to the PARTIES and they desire to participate
and will provide funding in accordance with the cost allocation in Table 2 of Exhibit A;
and
WHEREAS, the PARTIES have agreed to establish an Oversight Committee
(comprised of City Managers and /or designated staff from each PARTY) to provide
technical oversight and project management for the development of the PLANS, and
WHEREAS, the CITY OF ARCADIA will act on behalf of the PARTIES in the
administration of the Consultant services agreements for the preparation of the PLANS .
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:
(1) Recitals: The recitals set forth above are incorporated into this MOU.
(2) Purpose: The purpose of this MOU is to cooperatively fund the preparation of the
PLANS and the submittal of the PLANS to the Regional Board.
(3) Voluntary: This MOU is voluntarily entered into for the purpose of preparing the
PLANS and submitting the PLANS to the Regional Board.
(4) Terms: This MOU shall become effective the last date of execution by all Parties
hereto ( "Effective Date "), and shall remain in effect until the CITY OF ARCADIA
has provided written notice of completion of the Scope of Work described herein,
and payment by all Parties of their allocated pro -rata share hereunder. .
(5) Responsibilities of the CITY OF ARCADIA:
a. The CITY OF ARCADIA shall act as the contract manager on behalf of, and
for the benefit of, PARTIES, and as such agrees to invoice the PARTIES for
their pro -rata share of the cost for the preparation and delivery of the PLANS
as described in Tables 2 and 3 of Exhibit A.
1. Payments to Third Parties — The CITY OF ARCADIA shall have no
obligation to pay vendors or consultants any funds other than those owed
for its proportional share as set forth in Table 2 of Exhibit A, and those
Page 2 of 13
funds remitted to the CITY OF ARCADIA following invoice. In the event
the CITY OF ARCADIA elects to make a payment on behalf of a
Delinquent Party, the Delinquent Party and /or the remaining Parties shall
reimburse the CITY OF ARCADIA the funds expended making the
payment as described below.
b. The CITY OF ARCADIA shall solicit proposals for, award, and administer a
Consultant contract(s) for the preparation and delivery of the PLANS in
accordance with the Scope of Work.
c. The CITY OF ARCADIA shall utilize the funds deposited by the PARTIES
only for payment of the Consultant for the preparation and completion of the
PLANS.
d. The CITY OF ARCADIA shall provide the PARTIES with an electronic copy of
the draft and final PLANS within 5 days of receipt from the Consultant.
e. Upon execution of this MOU, each Party shall provide the name or names of
those persons from within the Party's organization who is /are to be
representing said Party on the Oversight Committee. Within thirty (30) days
from the Effective Date, the CITY OF ARCADIA shall notice all parties hereto
of the members of the contact information for the Oversight Committee.
f. All draft and final Plans shall be reviewed by the Oversight Committee for
further revision and /or completion. No PLAN OR PLANS shall be submitted
to the Regional Board unless and until it /they have been approved, in writing,
for submittal by all PARTIES hereto, excepting only a Party or Parties whose
involvement in this MOU has been terminated.
g. The CITY OF ARCADIA shall provide an accounting upon the early
termination of this MOU pursuant to paragraph (6)t.1 or 60 days after the date
the Regional Board gives final approval to the last outstanding portion of the
PLANS. The CITY OF ARCADIA shall return the unused portion of all funds
deposited with the CITY OF ARCADIA in accordance with the cost allocation
formula set forth in Table 2 of Exhibit A.
(6) THE PARTIES FURTHER AGREE:
a. The PARTIES shall make a full faith effort to cooperate with one another to
achieve the purposes of this MOU by providing information about project
opportunities, reviewing deliverables in a timely manner, and informing their
respective administrators, agency heads, and /or governing bodies.
b. The PARTIES shall fund the cost of the preparation and delivery of the
PLANS and pay the CITY OF ARCADIA for the preparation and delivery of
Page 3 of 13
the PLANS based on the cost allocation set forth in Table 2 of Exhibit A within
60 days of receiving an invoice.
c. Delinquent Payments — A PARTY's payment is considered delinquent 180
days after being invoiced by the CITY OF ARCADIA. The following
procedures may be implemented to attain payments from the delinquent
PARTY per instructions from the PARTIES: 1) verbally contact /meet with the
manager from the delinquent PARTY or PARTIES; and 2) submit a formal
letter to the delinquent PARTY OR PARTIES from the City of Arcadia's legal
counsel. If the PARTY or PARTIES remain delinquent after the above
procedures, then the CITY OF ARCADIA may notify the Regional Board that
the delinquent PARTY OR PARTIES are no longer a participating member of
the PLANS, and said PARTY or PARTIES shall then be deemed to have
terminated its participation as a PARTY to this MOU ( "EXCLUDED PARTY ")
and their name(s) may be removed from the PLANS. Any EXCLUDED
PARTY'S delinquent amount(s) will be paid in accordance with the remaining
PARTIES pro -rata share pursuant to Table 2 of Exhibit A, as adjusted to
remove the EXCLUDED PARTY from the allocation. The CITY OF ARCADIA
will revise Table 2 of Exhibit A to show the recalculated costs for each
remaining participating PARTY; these revised exhibits will be included with
the next invoice to the PARTIES. The PARTIES shall retain all contractual,
legal, and equitable rights and causes of action to recover any delinquent
amounts paid that were owed by an EXCLUDED PARTY or PARTIES who
failed to make such payments.
d. Interest Accrual - Any interest accrued on the funds collected per this MOU
during the term of this MOU shall be refunded or credited toward any amount
owed at the time of the final accounting. The CITY OF ARCADIA shall report
to the PARTIES the amount of the interest accrued by the collected funds at
the time of the final accounting.
e. Excess Funds - Any collected funds not spent in any annual period shall be
refunded or credited toward any amount owed at the time of the final
accounting.
f. Each PARTY shall allow reasonable access and entry to the Consultant, on
an as needed basis, during the term of this MOU to the PARTY's storm
drains, channels, catch basins, and similar properties (FACILITIES) to
achieve the purposes of this MOU, provided, however, that prior to entering
any PARTY's facilities, the Consultant shall secure a permit of entry from the
applicable PARTY.
g. To the maximum extent permitted by law, the CITY OF ARCADIA shall
require the Consultant(s) retained pursuant to this MOU to agree to
indemnify, defend, and hold harmless each PARTY, its special districts,
Page 4 of 13
elected and appointed officers, employees, and agents, 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 Consultant's performance of its agreement with the CITY
OF ARCADIA. In addition, the CITY OF ARCADIA shall require the
Consultant(s) to carry, maintain, and keep in full force and effect an insurance
policy or policies, and each PARTY, its officers, employees, attorneys, and
designated volunteers shall be named as additional insureds on the
policy(ies) with respect to liabilities arising out of the Consultant's work.
These requirements will also apply to any subcontractors hired by the
Consultant(s).
h. To the maximum extent permitted by law, each PARTY shall indemnify,
defend, and hold harmless each other PARTY, including its special districts,
elected and appointed officers, employees, and agents, from and against any
and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from
or connected with the respective acts of each PARTY under this MOU;
provided, however, that no PARTY shall indemnify another PARTY for that
PARTY's own negligence or willful misconduct.
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 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 that 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.
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.
k. Any notices, bills, invoices, or reports relating to this MOU, and any request,
demand, statement, or other communication required or permitted hereunder
Page 5 of 13
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.
I. 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
the prior written consent of the other PARTIES.
m. This MOU is governed by, interpreted under, and construed and enforced in
accordance with the laws of the State of California.
n. If any provision of this MOU shall be determined by any court to be invalid,
illegal, or unenforceable to any extent, the remainder of this MOU shall not be
affected, and this MOU shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOU.
o. 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 paragraph (6)r.
p. 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.
q. No PARTY shall have any financial obligation to any other PARTY to this
MOU, except as herein expressly provided.
r. The terms and provisions of this MOU may not be amended, modified, or
waived, except by an instrument in writing signed by all PARTIES who have
not terminated their interests herein or whose involvement has not terminated
by reason of non - payment. This paragraph applies to any changes proposed
as a result of the following circumstances: 1) changes to the MS4 Permit
terms with regards to compliance through an EWMP or CIMP; or (2) changes
in the number of parties to this MOU. This list is not intended to be
exhaustive.
s. This MOU may be signed in multiple counterparts with the same force and
effect as if all original signatures appeared on one copy; and in the event this
MOU is signed in counterparts, each counterpart shall be deemed an original
and all of the counterparts shall be deemed to be one agreement.
t. Early Termination or Withdrawal
Page 6 of 13
This MOU may be terminated upon the express written agreement
of all PARTIES. If this MOU is terminated, any remaining funds
not due and payable or otherwise legally committed to a
Consultant(s) shall be distributed to the remaining PARTIES (not
including any EXCLUDED or WITHDRAWN PARTY or PARTIES)
so that all such remaining PARTIES have paid no more than their
pro -rata share (in accordance with the most current allocation set
forth in Table 2 of Exhibit A). Completed work shall be owned by
all PARTIES at the time of completion of the work who are not
EXCLUDED or WITHDRAWN PARTIES. Similarly, rights to
uncompleted work by the Consultant still under contract is to be
owned by the PARTY or PARTIES who are not EXCLUDED or
WITHDRAWN PARTIES at such time.
2. A PARTY may withdraw from this MOU ( "WITHDRAWN PARTY ")
upon 60 days written notice to the other PARTIES, subject to
payment of any invoice received from the CITY OF ARCADIA prior
to or during the 60 -day notice period for its share of the cost of the
work completed as of the date of its notice of withdrawal,
calculated in accordance with the cost - sharing percentages set
forth in Table 2 of Exhibit A. The effective withdrawal date shall be
the sixtieth (60th) day after the CITY OF ARCADIA receives the
withdrawing PARTY's notice to withdraw from this MOU. The
CITY OF ARCADIA shall refund to the WITHDRAWN PARTY any
unused funds paid by the WITHDRAWN PARTY's effective
withdrawal date. All PARTIES understand, acknowledge, and
agree that withdrawal from this MOU will terminate any
responsibility, liability, or obligation of the WITHDRAWN PARTY
under this MOU commencing on the effective withdrawal date and
that the WITHDRAWN PARTY shall remain liable for its share of
any loss, debt or liability incurred prior to the withdrawal date, and
for any work which could not be suspended. Withdrawal from this
MOU does not release any PARTY from the obligations set forth in
MS4 Permit.
3. If a PARTY fails to substantially comply with any of the terms or
conditions of this MOU, 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.
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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:
COUNTY OF LOS ANGELES,
GAIL FARBER Date
APPROVED AS TO FORM:
John F. Krattli
County Counsel
Deputy
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
Chief Engineer
APPROVED AS TO FORM:
John F. Krattli
County Counsel
Deputy
Page 8 of 13
Date
Date
CITY OF
NAME, POSITION
ATTEST:
By
NAME, City Clerk
APPROVED AS TO FORM:
NAME, City Attorney
Page 9 of 13
Date
Date
Date
EXHIBIT A
Rio Hondo /San Gabriel River Water Quality Group EWMP
Funding Contributions
Table 1. Total Contract Costs
Work Scope
Cost
Project Management
$111,231
EWMP Work Plan
$146,234
CIMP
$136,464
Final EWMP
$ 394,816
Notice of Intent Review
$1,792
Total Contract Cost
$ 790,537.00
Table 2. Cost Allocation Formula
Party
Base Fee
(10 %)
Acres
(Developed
Land)
Percent
of
Area (2)
Cost based
on Acres
(90 %)
Total Cost
City of Arcadia
$10,164.05
11
26.51%
$169.727.34
$179,891.39
City of Azusa
$10,164.05
9.3
22.41%
$143,496.75
$153,660.80
City of Bradbury
$10,164.05
1.9
4.58%
$29,316.54
$39,480.59
City of Duarte
$10,164.05
3.6
8.67%
$55,547.13
$65,711.18
City of Monrovia
$10,164.05
8
19.28%
$123,438.07
$133,602.11
City of Sierra Madre
$10,164.05
2.8
6.75%
$43,203.32
$53,367.37
County of Los Angeles
$10,164.05
4.9
11.81%
$75,605.82
$85,769.86
Los Angeles County Flood
Control District(1)
$79,053.70
-
-
-
$79,053.70
Total
$150,202.03
41.5
100%
$640,334.97
$790,537.00
(1) Los Angeles County Flood Control District's cost share equals 10% of total contracted costs; the
remaining costs are then divided by the 10% base fee and land area (90 %).
(2) - Based on percent of developed land in each Party area of the total watershed area (excludes
Angeles National Forest land)
On or before June 30th of each year, the Oversight Committee shall review the Cost
Allocation Formula and may adjust the formula as deemed necessary for such reasons
including, but not limited to, revision in Contracted Costs, Scope of Work, scheduling of
work, and /or costs related to environmental review.
Table 3. Invoicing Schedule
Invoice #
Invoice Date
Percent of Cost Share
Allocation
Page 10 of 13
1
on or before July 2013
10% Base
2
July 2013
1/3 of land Area Allocation
3
July 2014
1/3 of land Area Allocation
4
July 2015
1/3 of land Area Allocation
On or before June 30th of each year, the Oversight Committee shall review the Invoicing
Schedule may adjust the percent of Cost Share Allocations due each year as deemed
necessary for such reasons including, but not limited to, revision in Contracted Costs,
Scope of Work, scheduling of work, and /or costs related to environmental review.
Page 11 of 13
EXHIBIT B
Rio Hondo /San Gabriel River Watershed Quality Group EWMP
Responsible Agencies Representatives
1. City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
Representative: Vanessa Hevener
E -mail: VHevener @ci.arcadia.ca.us
Phone: (626) 305 -5327
2. City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702 -1395
Representative: Carl E. Hassel
E -mail: CHassel @ci.azusa.ca.us
Phone: (626) 812 -5064
3. City of Bradbury
600 Winston Ave.
Bradbury, CA 91008
Representative: Michelle Keith
E -mail: MKeith @CityofBradbury.org
Phone: (626)358 -3218 ext. 300
4. City of Duarte
1600 Huntington Drive
Duarte, CA 91010
Party Representative: Rafael Casillas
E -mail: RCasillas @accessduarte.com
Phone: (626)386 -6833
5. City of Monrovia
415 S. Ivy Ave.
Monrovia, CA 91016
Representative: Heather Maloney
E -mail: HMaloney @ci.monrovia.ca.us
Phone: (626) 932 -5577
6. City of Sierra Madre
232 W. Sierra Madre Blvd
Sierra Madre, CA 91024
Representative: James Carlson
E -mail: JCarlson @cityofsierramadre.com
Page 12 of 13
Phone: (626) 355 -7135 ext. 803
7. County of Los Angeles
Department of Public Works
Watershed Management Division, 11 to Floor
900 South Fremont Avenue
Alhambra, CA 91803 -1331
Representative: Gary Hildebrand
E -mail: GHILDEB @dpw.lacounty.gov
Phone: (626) 458 -4300
8. Los Angeles County Flood Control District
Department of Public Works
Watershed Management Division, 11 to Floor
900 South Fremont Avenue
Alhambra, CA 91803 -1331
Representative: Gary Hildebrand
E -mail: GHILDEB @dpw.lacounty.gov
Phone: (626) 458 -4300
Page 13 of 13
ATTACHMENT B
ONDO SAN ABRIEL RIVE
W TE C A ITY GROUP
ANGELES NATIO L FOREST
CO
SIERRA
MADRE
Co
BRA URY
MONROVIA DUARTE
ARCADIA co AZUSA
CO
CO
co
Co Co
ECK ROAD
LAKE
LEGEND
RIO HONDO WATERSHED BOUNDARY
I� ANGELES NATIONAL FOREST BOUNDARY