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HomeMy WebLinkAboutC-2879It cc, yo C zS -7a 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