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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
funds remitted to the CITY OF ARCADIA following invoice. In the event
Page 2 of 13
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
the PLANS based on the cost allocation set forth in Table 2 of Exhibit A within
60 days of receiving an invoice.
Page 3 of 13
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,
elected and appointed officers, employees, and agents, from and against any
and all liability, including but not limited to demands, claims, actions, fees,
Page 4 of 13
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
shall be in writing and shall be delivered to the representatives of the
Page 5 of 13
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
1. 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.
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
Page 7 of 13
COUNTY OF LOS ANGELES,
GAIL FARBER
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
Date
CITY OF ARCADIA
By
Dominic Lazzare , Manager
ATTEST:
By
Lisa ssenden, Chief Deputy City/
Rec rds Manager
APPROVED AS TO FORM:
By `-
Stephen P. Deitsch, City Attorney
Page 9 of 13
�-vG,vsr `Ly, 2013
Date
A's- t. J- c �
Z� Za
Date
Date
CITY OF BRADBURY
By
RICHARD PYOZ, OR
ATTEST:
By CQk�
CLAUDIA SALDANA, City Clerk
APPROVED
OF
TO FORM:
CARY WISMAN, City Attorney
Page 9 of 13
Date
-as -i
Date
Date
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By 13
�
�✓ Chief Engineer D to
APPROVED AS TO FORM:
John F. Krattli
County Counsel
By — /2,1 /Zo(�
Associate Date
Page 9 of 14
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
Tahle 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 (l)
$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 snare equals l u io 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
1
on or before July 2013
1 100% Base
2
July 2013
1 1/3 of land Area Allocation
Page 10 of 13
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
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
Representative: Vanessa Hevener
E -mail: VHevener @ci.arcadia.ca.us
Phone: (626) 359 -7028
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
Phone: (626) 355 -7135 ext. 803
Page 12 of 13
7. County of Los Angeles
Department of Public Works
Watershed Management Division, 11th 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, 11th 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
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
funds remitted to the CITY OF ARCADIA following invoice. In the event
Page 2 of 13
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
the PLANS based on the cost allocation set forth in Table 2 of Exhibit A within
60 days of receiving an invoice.
Page 3 of 13
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,
elected and appointed officers, employees, and agents, from and against any
and all liability, including but not limited to demands, claims, actions, fees,
Page 4 of 13
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
shall be in writing and shall be delivered to the representatives of the
Page 5 of 13
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 GIMP; 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
1. 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.
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
Page 7 of 13
COUNTY OF LOS ANGELES
By � / 11
r GAIL FARBER
APPROVED AS TO FORM:
John F. Krattli
County Counsel
By
Associate
Page 8 of 14
D to
`7 `Z4 20 l 3
Date
CITY OF ARCADIA
By
Dominic azzarett i Manager
ATTlief .:
By
e uty City Clerk
APPROVED AS TO FORM:
By
Steph n P. Deitsch, City Attorney
Page 9 of 13
2:; 120 I
Date
It�.
Mall a � AO ► 3
Date
CITY OF DUARTE
By
Darr II George, City Manager
ATTEST:
By, ) ✓�,� O n .
Marla Akana, City Clerk
APPROVED AS TO FORM:
By
Dan Slat r, Attorney
Page 9 of 13
Da e
Date
Z� l3 �L
ate
EXHIBIT A
Rio Hondo /San Gabriel River Water Quality Group EWMP
Funding Contributions
-r 4-1 rAC +C
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
I a c L. vvaL r�nvvc.a.v..
Party
..........
Base Fee
Acres
Percent
Cost based
Total Cost
(10 %)
(Developed
of
on Acres
Land)
Area (2)
(90 %)
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
-
$79,053.70
Control District(1)
$79,053.70
-
-
Total
$150,202.03
41.5
100%
$640,334.97
$790,537.00
.
_i_ E nni
s *..� I . I I +rte,
14 11c+c +hc
(1) LOS Angeles uounly rluuu I,U]IUUI VIJL1K,. i— --- yu
- __..- -_ - - --
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) 359 -7028
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, 11th 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, 11th 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
-Original -
City Clerk
Record
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
funds remitted to the CITY OF ARCADIA following invoice. In the event
Page 2 of 13
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
the PLANS based on the cost allocation set forth in Table 2 of Exhibit A within
60 days of receiving an invoice.
Page 3 of 13
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,
elected and appointed officers, employees, and agents, from and against any
and all liability, including but not limited to demands, claims, actions, fees,
Page 4 of 13
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 insured 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
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.
Page 5 of 13
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 a 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
This MOU may be terminated upon the express written agreement
of all PARTIES. If this MOU is terminated, any remaining funds
Page 6 of 13
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.
Page 7 of 13
COUNTY OF LOS ANGELES
By
r GAIL FARBER
APPROVED AS TO FORM:
John F. Krattli
County Counsel
By
Associate
Page 8 of 14
D to
`7`A 20 l3
Date
CITY OF ARCADIA
By
Dominic azzaretto, C' y Manager
ATTEST:
c
By 5 "
Lisa Mussenden, Chief Deputy City
Clerk /Records Manager
APPROVED AS TO FORM:
By �. 4�
Stephen P. Deitsch, City Attorney
Page 9 of 13
June 18, 2013
Date
June 18, 2013
Date
June 18, 2013
Date
CITY OF MONROVIA
ByL-
ATT:
By
7D. Atkins, CMC, City Clerk
APPROVED
Crait A. SjVele/Citj Attorney
Page 9 of 13
5 • ,22
Date
— zlho
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 (l)
$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.
Page 10 of 13
Table 3. Invoicing Schedule
Invoice #
Invoice Date
Percent of Cost Share
Allocation
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) 359 -7028
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
Page 12 of 13
6. City of Sierra Madre
232 W. Sierra Madre Blvd
Sierra Madre, CA 91024
Representative: James Carlson
E -mail: JCarlson @cityofsierramadre.com
Phone: (626) 355 -7135 ext. 803
7. County of Los Angeles
Department of Public Works
Watershed Management Division, 11t" 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'" 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
t W S 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
funds remitted to the CITY OF ARCADIA following invoice. In the event
Page 2 of 13
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
the PLANS based on the cost allocation set forth in Table 2 of Exhibit A within
60 days of receiving an invoice.
Page 3 of 13
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,
elected and appointed officers, employees, and agents, from and against any
and all liability, including but not limited to demands, claims, actions, fees,
Page 4 of 13
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
shall be in writing and shall be delivered to the representatives of the
Page 5 of 13
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
1. 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.
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
Page 7 of 13
CITY OF ARCADIA
By —�
Dominic Lazzariettl, City Manager
ATTEST:
By h
Lisa M senden, Chief Deputy City/
Records Manager
APPROVED AS TO FORM:
B 6 r�
Y
Stephen P. Deitsch, City Attorney
Page 9 of 13
2-0,
Date
Date
)3
Date
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
��✓ Chief Engineer D to
APPROVED AS TO FORM:
John F. Krattli
County Counsel
By -� /2,1 � Zo l
Associate Date
Page 9 of 14
CITY OFAZUSA
By
oseph Romero Rocha, Mayor
ATTEST:
By
/ ��! - -
APPROVED AS TO FORM:
By
Marc A. Martine ,City ttorney
Page 9 of 13
-I/z / I3
Date
s,
Date
2, -to f3
Date
EXHIBIT A
Rio Hondo /San Gabriel River Water Quality Group EWMP
Funding Contributions
Tnhlp 1 Tntal 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
_ n n_�i All...... 6; - CAVrv%1117
i aMe c. %•osL r.
Base Fee
Acres
Percent
Cost based
Total Cost
Party
(10 %)
(Developed
of
on Acres
Land )
Area(Z)
(90%
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
_
$79,053.70
Control District(l)
$79,053.70
-
-
Total
$150,202.03
41.5
100%
$640,334.97
$790,537.00
_a..,.l .. 4.. +1,—
(1) Los Angeles County Flood Control District's cost share equals Iu ro or total conuaCLcU UUJIJ,
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.
Page 10 of 13
Table 3. Invoicing Schedule
Invoice #
Invoice Date
Percent of Cost Share
Allocation
1
on or before Jul 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
LWAUM
Rio Hondo /San Gabriel River Watershed Quality Group EWMP
Responsible Agencies Representatives
1. City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
Representative: Vanesa Hevener
E -mail: VHeavener @ci.arcadia.ca.us
Phone: (626) 359 -7028
2. City of Azusa213 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 Bradbury600 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
Phone: (626) 355 -7135 ext. 803
Page 12 of 13
7. County of Los Angeles
Department of Public Works
Watershed Management Division, 11th 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, 11th 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
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 12
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
preparation of the PLANS and the coordination of the Consultant services.
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 on the latest date of execution by a
PARTY, and shall remain in effect until 1) the CITY OF ARCADIA as provided the
PARTIES with an accounting as set forth in paragraph (5)e, and 2) the PARTIES
have paid all outstanding invoices.
(5) Responsibilities of the CITY OF ARCADIA:
a. The CITY OF ARCADIA shall act as the fiduciary agent on behalf of the
PARTIES and as such agrees to invoice the PARTIES for their share in 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 funds
remitted to the CITY OF ARCADIA following invoice. In the event the CITY
Page 2 of 12
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 completed PLANS within 5 days of receipt from the Consultant.
e. 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 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 considered to have withdrawn from this MOU and
their name(s) will be removed from the PLANS. Any delinquent amount(s) will
be distributed in the following invoice amongst all remaining PARTIES
Page 3 of 12
proportionate to each PARTY's area as it relates to the overall remaining total
PARTIES' area, excluding the delinquent PARTY or PARTIES, subject to
amendment of this MOU agreed upon by the remaining PARTIES. The
PARTIES will revise Table 2 of Exhibit A to show the recalculated costs for
each 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 a PARTY or PARTIES who failed to make such payments
and were subsequently withdrawn from this MOU.
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 on an
annual basis to the PARTIES the amount of the interest accrued by the
collected funds.
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 retained pursuant to this MOU to agree to indemnify, defend,
and hold harmless each PARTY, 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 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 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.
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
Page 4 of 12
expenses (including attorney and expert witness fees), arising from or
connected with the respective acts of each PARTY arising from or related to
this MOU; provided, however, that no party shall indemnify another party for
that party's own negligence or willful misconduct.
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
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.
Page 5 of 12
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. Each PARTY shall have no financial obligation to the other PARTIES of 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. This
paragraph applies to changes proposed as a result of the following: 1) changes
made to the MS4 Permit with regards to compliance through 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
1. This MOU may be terminated upon the express written agreement
of all PARTIES. If this MOU is terminated, 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 all PARTIES. Rights to
uncompleted work by the Consultant still under contract will be held
by the PARTY or PARTIES who fund the completion of such work.
2. A PARTY may withdraw from this MOU 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
withdrawing PARTY any unused funds paid by the withdrawing
Page 6 of 12
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 withdrawing
PARTY under this MOU commencing on the effective withdrawal
date and that the withdrawing 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 comply with any of the terms or conditions of this
MOU, that PARTY shall forfeit its rights to work completed through
this MOU.
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
APPROVED AS TO FORM:
John F. Krattli
County Counsel
Deputy
Date
Date
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
Page 7 of 12
By
Chief Engineer
APPROVED AS TO FORM:
John F. Krattli
County Counsel
Deputy
CITY OF SIERRA MADRE
I
NANCT ILSH, Mayor
ATT NCY
By
HOLLE BE GER, City CI k
APPROVED AS TO FORM:
By
TERESA HIGHS H, City Attorney
Page 8 of 12
Date
May 14, 2013
Date
May 14, 2013
Date
May 14, 2013
Date
COUNTY OF LOS ANGELES
By
/f -
�� GAIL FARBER
APPROVED AS TO FORM:
John F. Krattli
County Counsel
By C"(�-��
Associate
Page 8 of 4',!r
D to
`7 7-4 12-0 l 3
Date
CITY OF ARCADIA
By
Do az are �,ivy �Man�acgler
ATTEST:
By WA 6,b-A
Chief puty City Clerk
APPROVED AS TO FORM:
By �.
Stephen P. Deitsch, City Attorney
Page 8 of 12
June 4, 2013
Date
June 4, 2013
Date
June 4, 2013
Date
EXHIBIT A
Rio Hondo /San Gabriel River Water Quality Group EWMP
Funding Contributions
T�L 'r 6 1 il�nfrnrf rnatc
uww
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
r•_ A_
i ape c.
Base Fee
Acres
Percent
Cost based
Total Cost
rt
Pay
(10 %)
(Developed
of
on Acres
Land )
Area(2)
90%
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
_
$79,053.70
Control District (l)
$79,053.70
-
-
Total
$150,202.03
41.5
100%
$640,334.97
$790,537.00
of fMnl rnntrnf
tPd r.ngtS' the
(1) Los Angeles Lounty rwuu V.,u-1 v la w� u ., ,y . - • - - -
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 30tt' 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 9 of 12
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 10 of 12
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: Vanesa Hevener
E -mail: VHeavener @ci.arcadia.ca.us
Phone: (626) 359 -7028
2. City of Azusa213 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 Bradbury600 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
Phone: (626) 355 -7135 ext. 803
Page 11 of 12
7. County of Los Angeles
Department of Public Works
Watershed Management Division, 11 th 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 th Floor
900 South Fremont Avenue
Alhambra, CA 91803 -1331
Representative: Gary Hildebrand
E -mail: GHILDEB @dpw.lacounty.gov
Phone: (626) 458 -4300
Page 12 of 12