HomeMy WebLinkAboutItem 1d - MOU for Coordinated Intergrated Monitoring ProgramU_vi I :S
TO:
FROM:
STAFF REPORT
Public Works Services Department
December 2, 2014
Honorable Mayor and City Council
Tom Tait, Public Works Services Director
Prepared by: Vanessa Hevener, Environmental Services Officer
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE CITIES OF AZUSA,
BRADBURY, DUARTE, MONROVIA, SIERRA MADRE, COUNTY OF
LOS ANGELES AND LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT REGARDING THE ADMINISTRATION AND COST SHARING
FOR THE IMPLEMENTATION OF THE COORDINATED INTEGRATED
MONITORING PROGRAM ( "CIMP ") FOR THE RIO HONDO /SAN
GABRIEL RIVER WATER QUALITY GROUP; AND PROFESSIONAL
SERVICES AGREEMENT WITH CALIFORNIA WATERSHED
ENGINEERING ( "CWE ") FOR THE IMPLEMENTATION OF THE CIMP IN
THE AMOUNT OF $2,371,580
Recommendation: Approve
SUMMARY
The most recent National Pollutant Discharge Elimination System Municipal Separate
Storm Sewer System Permit ( "MS4 Permit ") allows flexibility for cities to coordinate
efforts to maximize efficiencies and lower overall costs. In May 2013, several local cities
agreed to coordinate on a regional Coordinated Integrated Monitoring Plan ( "CIMP ") for
the Rio Hondo /San Gabriel River watersheds. The City of Azusa took the lead on the
project and solicited bids on the project. Since then, however, the City of Azusa lost key
personnel. In response, the City of Arcadia has offered to succeed Azusa in awarding
and managing the contract. This agenda item will formally make the City of Arcadia the
lead on this effort and will authorize the award of the contract for CIMP services to
California Watershed Engineering. The City of Arcadia's cost -share for implementation
of the Plan is approximately $569,648 over a five year period.
It is recommended that the City Council authorize and direct the City Manager to
execute a MOU with the Cities of Azusa, Bradbury, Duarte, Monrovia, Sierra Madre,
County of Los Angeles and Los Angeles County Flood Control District regarding the
administration and cost sharing for the implementation of the Coordinated Integrated
Award and Execute CIMP MOU for Rio Hondo /San Gabriel River Water Quality Group
December 2, 2014
Page 2 of 5
Monitoring Program for the Rio Hondo /San Gabriel River Water Quality Group; and
authorize and direct the City Manager to execute a Professional Services Agreement
with California Watershed Engineering ( "CWE ") for the implementation of the CIMP in
the amount of $2,371,580.
BACKGROUND
The MS4 Permit (enacted under Order No. R4- 2012 -0175) establishes the waste
discharge requirements for stormwater and non - stormwater discharges within the
watersheds of Los Angeles County. The MS4 Permit was adopted by the California
Regional Water Quality Control Board, Los Angeles Region ( "Regional Board "), on
November 8, 2012, and became effective on December 28, 2012. The MS4 Permit
includes provisions that allow permittees the flexibility to customize their stormwater
programs to achieve compliance over time.
In May 2013, the City Council approved a Memorandum of Understanding ( "MOU ") with
the Cities of Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre, County of Los
Angeles and Los Angeles County Flood Control District to assist in the cost sharing and
in the development of both the Enhanced Watershed Management Program and
Coordinated Integrated Monitoring Program ( "CIMP ") Plans for the Rio Hondo /San
Gabriel River watersheds. These Plans were submitted to the Regional Board on July
28, 2014. It is anticipated that the Regional Board will approve the CIMP by March
2015.
Once the CIMP Plan is approved by the Regional Board, monitoring must begin within
90 days. In preparation, the Oversight Committee, comprised of City Managers and
Directors, directed staff to develop and prepare the CIMP Implementation Scope of
Work and to also develop a separate and distinct MOU, using the existing MOU as a
template (See Attachment "A ").
In May 2014, the City of Azusa initially agreed to act as the project manager and
assume responsibility for the administration of contract services and collecting and
administering funds under the MOU. The City of Azusa would have acted in this
capacity at no cost to the participating agencies.
DISCUSSION
Based on the Oversight Committee's direction, the City of Azusa released a Request for
Proposals (RFP) on July 22, 2014 for work related to the implementation of the CIMP.
Request for Proposals were sent directly to seventeen (17) environmental consultants
and advertised in the local newspaper. The proposed Scope of Services includes:
Award and Execute CIMP MOU for Rio Hondo /San Gabriel River Water Quality Group
December 2, 2014
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• Project Management, Coordination, and Meetings
• CIMP Requirements - Receiving Water Monitoring, Storm Water (SW) Outfall
Monitoring, TMDL Monitoring and Non -Storm Water (NSW) Outfall Monitoring
• Development of a Health and Safety Plan
• Data Management and Reporting Methodology
• Laboratory Analysis
• Reports
• Field Logs & Site Assessment Photos
On August 21, 2014, the City of Azusa received a total of three (3) proposals. Staff
from each of the participating agencies reviewed, evaluated, and ranked the consultants
with the following results:
RANK
FIRM
LOCATION
COST
1
CWE
Fullerton
$2,371,580
2
MWH Americas, Inc.
Pasadena
$2,370,357
3
Urban Logic Consultants
Riverside
$5,977,161
Based on the Oversight Committee's review and evaluation of the proposals, California
Watershed Engineering (CWE) was selected at a total cost of $2,371,580. The CWE
Team is comprised of a partnership between CWE, SCS Engineers, and Weston
Solutions. Their selection was based on their expertise with the MS4 Permit, expertise
and experience developing similar plans, their existing relationships with the Regional
Board Staff, Board members, key stakeholder groups and competitive costs.
Since then, the City of Azusa has recently lost key leadership positions, and due to the
critical timeline to start the monitoring program, the City of Arcadia offered to succeed
Azusa in awarding the contract. All of the agencies participating in the CIMP
implementation process have presented the MOU to their respective City Councils and
to the Board of Supervisors for consideration.
The Public Works Services Department inquired with the City's Attorney to opine if
Arcadia could award the contract even though it had been advertised by the City of
Azusa. The City Attorney concluded that it was acceptable if the City of Azusa's
procurement procedures were the same or better than the City of Arcadia's. A review of
both procurement practices revealed that they met this threshold.
As with the MOU executed in 2013, the CIMP MOU specifies the financial commitment
for the monitoring of both Rio Hondo and San Gabriel River watersheds for each
agency based on a cost sharing formula. The Los Angeles County Flood Control
District agreed to pay for 5% of the total cost of the contracted services for the
implementation of the CIMP. The remaining balance will be divided amongst the rest of
the agencies based on: 10% base for participation, plus 90% based on each agency's
land area that drains to the Rio Hondo and San Gabriel River. The term of the MOU is
Award and Execute CIMP MOU for Rio Hondo /San Gabriel River Water Quality Group
December 2, 2014
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estimated to extend through Fiscal Year 2018 -19. Table 1 below shows the cost
sharing formula and the cost of each of the participating agencies over the next five
years:
Table 1. Cost Allocation for Years 1 -5
Agencies
Sq.Mi.
Percent of
Area
Base Fee
(10%)
Cost based on
Area (90%)
Total Cost
City of Arcadia
11
26.51%
$32,185.73
$537,462.89
$569,648.62
City of Azusa
9.3
22.41%
$32,185.73
$454,400.44
$486,586.17
City of Bradbury
1.9
4.58%
$32,185.73
$92,834.50
$125,020.23
City of Duarte
3.6
8.67%
$32,185.73
$175,896.95
$208,082.67
City of Monrovia
8
19.28%
$32,185.73
$390,882.10
$423,067.83
City of Sierra Madre
2.8
6.75%
$32,185.73
$136,808.74
$168,994.46
County of Los Angeles
4.9
11.81%
$32,185.73
$239,415.29
$271,601.02
Los Angeles County
Flood Control District
$118,579.00
Total
41.5
100%
$343,879.10
$2,027,700.90
$2,371,580
Based on the MOU's formula, the City of Arcadia's cost share for the monitoring
program is approximately $569,649 over five years. Cost -share payments will be paid
beginning in FY 2014 -15. In the first three years of the monitoring program, the City's
cost share is approximately $373,690. During the fourth and fifth year, the City's cost
share would be approximately $98,190 per year. Actual costs may vary slightly from
based on the scheduling of work as directed by the Oversight Committee. Annual
invoices for the remainder of the costs will be due no later than January of each year.
FISCAL IMPACT
Annual costs would be divided among participating agencies based on the MOU's cost
share formula. The City of Arcadia's total cost for the monitoring program is
approximately $569,649 over five years. Cost -share payments will be split over five
years with the first three years installment of approximately $373,690 (FY 2014 -15; FY
2015 -16 and FY 2016 -17) and the fourth and fifth years at approximately $98,190 each
(FY 2017 -18; and FY 2018 -19). The cost for the implementation of the CIMP for the
first three years has been budgeted in the Fiscal Year 2014 -15 Capital Improvement
Program and in the 2014 -15 and 2015 -16 Operating Budget for Stormwater.
The cost and staff time for project administration by the City of Arcadia is expected to be
minimal; however, the Oversight Committee has agreed to monitor these costs and
consider whether it would be appropriate to reimburse the City of Acadia for its staffing
costs at a later date if it becomes an issue of concern to the City.
Award and Execute CIMP MOU for Rio Hondo /San Gabriel River Water Quality Group
December 2, 2014
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RECOMMENDATION
It is recommended that the City Council authorize and direct the City Manager to
execute a MOU with the Cities of Azusa, Bradbury, Duarte, Monrovia, Sierra Madre,
County of Los Angeles and Los Angeles County Flood Control District for the
administration and cost sharing for the implementation of the Coordinated Integrated
Monitoring Program for the Rio Hondo /San Gabriel River Water Quality Group; and
authorize and direct the City Manager to execute a Professional Services Agreement
with California Watershed Engineering (CWE) for the implementation of the CIMP in the
amount of $2,371,580.
Approved:
Dominic Lazzar
City Manager
Attachment "A" - Memorandum of Understanding between the Los Angeles County
Flood Control District, the County of Los Angeles, the Cities of
Arcadia, Azusa, Bradbury, Duarte, Monrovia and Sierra Madre
ATTACHMENT "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 IMPLEMENTING
THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE RIO
HONDO /SAN GABRIEL RIVER WATER QUALITY GROUP
This Memorandum of Understanding (MOU) is made and entered into as of the date of
the last signature set forth below (Effective Date) by and between the LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, the
COUNTY OF LOS ANGELES (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."
RECITALS
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
(Regional Board) adopted National Pollutant Discharge Elimination System Municipal
Separate Storm Sewer System Permit (MS4 Permit) Order No. R4- 2012 -0175; and
WHEREAS, the MS4 Permit became effective on December 28, 2012, and
requires that the LACFCD, COUNTY, and 84 of the 88 Cities (excluding the Cities of
Avalon, Long Beach, Palmdale, and Lancaster) within the County of Los Angeles
comply with the prescribed elements of the MS4 Permit; and
WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees that are
responsible for compliance with the MS4 Permit requirements pertaining to the Rio
Hondo /San Gabriel River Water Quality Group Watershed Management Area; and
WHEREAS, the PARTIES submitted a Final Draft Coordinated Integrated
Monitoring Program (CIMP) and Draft Work Plan [PLANS] to the Regional Board on
June 27, 2014, and anticipate approval of the CIMP by March 2015. The PARTIES
anticipate this deadline by commencing with the award of a contract to Consultant for
the implementation of the CIMP. Any final revisions to the CIMP document are to be
worked out by the PARTIES with final approval by the Oversight Committee, which is
described below; 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 3 of Exhibit A, which is attached and made part 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
WHEREAS, the PARTIES propose for the Consultant to implement the
Coordinated Integrated Monitoring Plan (CIMP Implementation), in compliance with
certain elements of the MS4 Permit, at a total cost not to exceed $2,371,580; and
WHEREAS, the PARTIES have determined that hiring a Consultant to implement
the CIMP, to install monitoring equipment, obtain permits, conduct monitoring,
laboratory analysis, advise on potential revisions to the CIMP, and provide reporting to
the Regional Board, including reporting of stormwater samples (collectively, "Monitoring
Services ") will be beneficial to the PARTIES, who desire to participate and will provide
funding in accordance with the cost allocation in Table 3 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 be the contracting PARTY, entering into
contract(s) with the Consultant, as needed, to govern the Consultant's Monitoring
Services; and
WHEREAS, the PARTIES agree that each PARTY shall assume full and
independent responsibility for ensuring its own compliance with the MS4 Permit despite
the collaborative approach of this MOU.
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 true and correct and incorporated into
this MOU, in their entirety, by this reference.
(2) Purpose: The purpose of this MOU is to cooperatively fund the implementation of
the CIMP, to install monitoring equipment, obtain permits, conduct monitoring,
laboratory analysis, and provide reporting of stormwater results to the Regional
Board.
(3) Cooperation. The PARTIES shall fully cooperate with one another to attain the
purposes of this MOU.
(4) Voluntary: This MOU is voluntarily entered into by each PARTY for the
implementation of the CIMP.
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(5) Terms: The term of this MOU shall commence on the 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 all PARTIES have paid
their allocated pro -rata share of the CIMP Implementation, as detailed in Exhibit
A, Table 3, but in no event later than June 30, 2019.
(6) 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 of the CIMP Implementation, as described in
Tables 1 thru 3 of Exhibit A.
b. Payments to Third PARTIES — The CITY OF ARCADIA shall have no
obligation to pay vendors or consultants any funds other than those funds
the CITY OF ARCADIA owes for its proportional share, as set forth in Table
3 of Exhibit A, and those funds remitted by each PARTY to the CITY OF
ARCADIA following invoice. In the event the CITY OF ARCADIA, in its sole
discretion, elects to make a payment on behalf of a Delinquent PARTY, as
defined in Section 7(c), the Delinquent PARTY and /or the remaining
PARTIES shall reimburse the CITY OF ARCADIA the funds expended, as
described below. If the CITY OF ARCADIA fails to timely pay vendors or
consultants for its proportional share, as set forth in Table 3 of Exhibit A, the
CITY OF ARCADIA shall be considered a Delinquent PARTY, and the other
PARTIES shall have the same rights and remedies against the CITY OF
ARCADIA as they (or ARCADIA) would have against a delinquent PARTY,
as provided herein and particularly as described in Section 7(c), below.
c. The CITY OF ARCADIA shall solicit proposals for, award, and administer
Consultant contract(s) for the CIMP Implementation and any subsequent
changes to the CIMP in accordance with the Scope of Work.
d. The CITY OF ARCADIA shall utilize the funds deposited by the PARTIES
only for payment of the Consultant for the CIMP Implementation.
e. The CITY OF ARCADIA shall provide the PARTIES with an electronic copy
of the CIMP monitoring reports and any other drafts of reports to ultimately
be submitted to the Regional Boardwithin 5 business days of receipt from the
Consultant.
f. Upon execution of this MOU, each PARTY shall provide the name or names
of those persons from within the PARTY's organization who will represent
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
Oversight Committee members and their contact information. Each PARTY
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may name a representative, and one Alternate, who may act in place of the
representative if the representative is unable to attend or otherwise act.
g. The PARTIES agree that the Oversight Committee may meet periodically, on
an as- needed basis. All CIMP monitoring reports shall be reviewed by the
Oversight Committee or their designees shall for further revision and /or
comment. Within 15 days of receiving a draft monitoring report, members of
the Oversight Committee or their designees shall provide any revisions or
comments to the Consultant, and the Consultant shall reasonably
incorporate those revisions into the draft monitoring report. Within 30 days
of receiving the draft monitoring report, members of the Oversight Committee
or their designees shall approve, in writing, the Consultant's submission of
the report to the Regional Board. No monitoring reports 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.
h. The PARTIES shall pay the CITY OF ARCADIA, subject to annual budget
authority, for their proportional share of the estimated cost for Monitoring
Services and project administration and management not exceeding the
invoice amounts as shown in Table 3 of Exhibit A, within sixty days (60) days
of receipt of the invoice from the CITY OF ARCADIA. The cost estimates
presented in Exhibit A have been agreed upon by the PARTIES and are
subject to changes in the CIMP pursuant to new Regional Board
requirements and /or unforeseen challenges in the field. Any such changes
proposed to each PARTY's proportional share are subject to funding
appropriation and will require written agreement of the PARTIES as
explained in Section 7(c).
i. The CITY OF ARCADIA will invoice the PARTIES in amounts not exceeding
the invoice amounts shown in Table 3 of Exhibit A. The annual payments for
each fiscal year period will be invoiced in January of that fiscal year, except
for the first invoice, which will be issued upon the execution by all PARTIES
of this MOU.
The CITY OF ARCADIA will notify the PARTIES if actual expenditures for
Monitoring Services are anticipated to exceed the cost estimates contained
in Exhibit A and obtain written approval of such expenditures from all
PARTIES. Upon approval of substantiated additional expenditures, the
PARTIES agree to pay the CITY OF ARCADIA for each PARTY'S
proportional share of additional expenditures in an amount not to exceed ten
(10 %) percent of the estimated cost for Monitoring Services, as show in
Table 3 of Exhibit A. This 10% contingency will not be invoiced, unless actual
expenditures exceed the cost estimates for Monitoring Services.
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Expenditures that exceed the 10% contingency will require an amendment to
this MOU.
k. The CITY OF ARCADIA will submit on behalf of the PARTIES annual
monitoring reports to the Regional Board as described in the CIMP and
distribute copies of the annual reports to the PARTIES for review and
comment at least 30 days prior to submittal to the Regional Board for review
and approval. In addition, the CITY OF ARCADIA will submit to the
PARTIES the data used to prepare the annual reports. This data will be
transmitted electronically in a format that is agreed upon by the PARTIES.
(7) 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 implementing the CIMP and pay the CITY
OF ARCADIA for the implementation of the CIMP in the manner provided in
Section 6(h), above.
c. Delinquent Payments — A PARTY's payment is considered delinquent 90
days after being invoiced by the CITY OF ARCADIA and that PARTY shall be
known as a "Delinquent PARTY ". The following procedures may be
implemented by the CITY OF ARCADIA to attain payments from the
Delinquent PARTY: the CITY OF ARCADIA will 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. If the Delinquent 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(s) 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 CIMP Implementation. Any EXCLUDED PARTY or PARTY'S
delinquent amount(s) will be paid in accordance with the remaining PARTIES'
pro -rata share pursuant to Table 3 of Exhibit A, as adjusted to remove the
EXCLUDED PARTY from the allocation. The CITY OF ARCADIA will revise
Table 3 of Exhibit A to show the recalculated costs for each remaining
participating PARTY without amendment to this MOU; the revised exhibits will
be included with the next invoice to the remaining PARTIES. The remaining
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.
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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 fiscal year period shall
be refunded or credited toward any amount owed the applicable PARTY 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. No PARTY shall unreasonably withhold such permit from
the Consultant.
g. The PARTIES agree to provide all requested information and documentation
in their possession and available for release to the CITY OF ARCADIA that is
deemed necessary by the PARTIES to perform the CIMP implementation at
no cost to the CITY OF ARCADIA.
h. Additional Studies — The PARTIES agree that additional watershed -wide
special studies, monitoring with other watershed groups, conducting
necessary special studies, preparing grant applications, and /or conducting
other collaborative activities for the purpose of complying with the MS4 Permit
may be funded by the PARTIES subject to the terms of this MOU, provided
that there are available excess contract funds or contingency funds available
to fund these activities. Prior to the performance of any such activities, all
PARTIES must provide written approval of the activities and a revised Exhibit
A showing which PARTIES will be funding the activities and in what amounts.
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, attorneys, agents, and designated
volunteers from and against any and all liability, including but not limited to
demands, claims, actions, fees, costs, and expenses (including attorney and
expert fees), arising from or connected with the 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 elected
and appointed officers, employees, attorneys, agents and designated
volunteers shall be named as additional insureds on the policy(ies) with
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respect to liabilities arising out of the Consultant's work. These requirements
will also apply to any subcontractors hired by the Consultant(s).
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, agents and designated
volunteers, from and against any and all liability, including but not limited to
demands, claims, actions, fees, costs, and expenses (including attorney and
expert 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 other PARTY's own negligence or willful
misconduct.
k. 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.
m. 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.
n. 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.
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o. This MOU is governed by, interpreted under, and construed and enforced in
accordance with the laws of the State of California. Venue shall be in Los
Angeles County.
p. 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.
q. 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 7(s).
r. 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.
s. No PARTY shall have any financial obligation to any other PARTY to this
MOU, except as herein expressly provided.
t. 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.
u. 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.
v. 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
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,
as defined below) so that all such remaining PARTIES have paid
Page 8 of 22
no more than their pro -rata share (in accordance with the most
current allocation set forth in Table 3 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 are 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 3 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. Should any PARTY withdraw from this MOU, the remaining
PARTIES' cost share allocation shall be adjusted in accordance
with the cost allocation formula in Table 3 of Exhibit A.
4. 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 9 of 22
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:
[Signatures on following pages]
Page 10 of 22
COUNTY OF LOS ANGELES
GAIL FARBER Date
APPROVED AS TO FORM:
Mark J. Saladino
County Counsel
im
Deputy
Page 11 of 22
Date
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
Chief Engineer
APPROVED AS TO FORM:
Mark J. Saladino
County Counsel
Deputy
Page 12 of 22
Date
CITY OF ARCADIA
In
Dominic Lazzaretto, City Manager
ATTEST:
By
Date
Lisa Mussenden, Chief Deputy City Clerk Date
APPROVED AS TO FORM:
Stephen Dietsch, City Attorney
Page 13 of 22
Date
CITY OF AZUSA
In
NAME, POSITION
ATTEST:
By
NAME, City Clerk
APPROVED AS TO FORM:
NAME, City Attorney
Page 14 of 22
Date
Date
Date
CITY OF BRADBURY
In
NAME, POSITION
ATTEST:
By
NAME, City Clerk
APPROVED AS TO FORM:
NAME, City Attorney
Page 15 of 22
Date
Date
Date
CITY OF DUARTE
In
NAME, POSITION
ATTEST:
By
NAME, City Clerk
APPROVED AS TO FORM:
NAME, City Attorney
Page 16 of 22
Date
Date
Date
CITY OF MONROVIA
In
NAME, POSITION
ATTEST:
By
NAME, City Clerk
APPROVED AS TO FORM:
NAME, City Attorney
Page 17 of 22
Date
Date
Date
CITY OF SIERRA MADRE
In
NAME, POSITION
ATTEST:
By
NAME, City Clerk
APPROVED AS TO FORM:
NAME, City Attorney
Page 18 of 22
Date
Date
Date
EXHIBIT A
Rio Hondo /San Gabriel River Water Quality Group
CIMP Implementation Funding Contributions
Table 1. Total Contract Costs
Scope of Work Items
2014 -15
2015 -16
2016 -17
2017 -18
2018 -19
TOTAL
1
Total Not -to- Exceed Contract Costs
$588,585.67
$458,585.67
$508,585.65
$408,789
$407,034
2,371,580
Scope of Work Items
Years 1 -3
FY 14 -15, FY 15 -16, and
Year 4
Year 5
FY 16 -17
FY 17 -18
FY 18 -19
1
Project Management, Coordination, and Meetings
$141.086
$45,924
$45,924
2
Installation of Monitoring Equipment
$171,420
$0.00
$0.00
3
Receiving Water Monitoring
$178,228
$59,380
$59,380
4
Receiving Water TMDL Monitoring
$234,457
$103,123
$101,368
5
Stormwater Outfall Monitoring
$281,627
$102,114
$102,114
6
Non Stormwater Screening
$165,510
$770
$770
(Additive Alternative A - Rio Hondo)
7
Non Stormwater Screening
$80,406
$385
$385
(Additive Alternative B - San Gabriel)
8
Health and Safety Plan
$15,914
$5,011
$5,011
9
Reports, Field Logs, and Photos
$144,076
$72,797
$72,797
10
Laboratory Analysis
$92,450
$19,285
$19,285
TOTAL =
$1,555,757
$408,789
$407,034
Page 19 of 22
Table 2. Allocation for Non Stormwater Screening Task
Fnntnntac-
1. Los Angeles County Flood Control District's cost share equals 5% of the total contract cost for the Non Stormwater Screening work.
2. Based on percent of developed land in each Party's area of the total watershed area (excludes Angeles National Forest land).
Page 20 of 22
Rio Hondo Sub-
Watershed
San Gabriel River
Watershed
Allocation for Non Stormwater Screening Task
(To Be Completed in 2014 -15)
Parties
Sp'
MilesZ
%
Total
Sp'
MilesZ
%
Total
Rio Hondo
San Gabriel
Total
City of Arcadia
10.8
40.9%
0.2
1.3%
$64,323.20
$1,011.73
$65,334.94
City of Azusa
0
0%
9.3
61.6%
$0.00
$47,045.50
$47,045.50
City of Bradbury
0.8
3.0%
1.1
7.3%
$4,764.68
$5,564.52
$10,329.20
County of Los Angeles
2.8
10.6%
2.1
13.9%
$16,676.39
$10,623.18
$27,299.56
City of Duarte
1.3
4.9%
2.3
15.2%
$7,742.61
$11,634.91
$19,377.52
City of Monrovia
7.9
29.9%
0.1
0.7%
$47,051.23
$505.87
$47,557.10
City of Sierra Madre
2.8
10.6%
0
0%
$16,676.39
$0.00
$16,676.39
LACFCD (5 %)1
-
-
-
-
$8,275.50
$4,020.30
$12,295.80
Total =
26.4
100.0%
15.1
100.0%
$165,510.00
$80,406.00
$245,916.00
Fnntnntac-
1. Los Angeles County Flood Control District's cost share equals 5% of the total contract cost for the Non Stormwater Screening work.
2. Based on percent of developed land in each Party's area of the total watershed area (excludes Angeles National Forest land).
Page 20 of 22
Table 3. Annual Cost Allocation
Cost Formula
A. 10% Base = [(Total Consultant costs — LACFCD 5% cost share) X 10 %] /7parties
B. 90% Land Use = [(Total Consultant costs - LACFCD 5% cost share) X 90 %] X Percentage of total land area (not including Angeles
National Forest)
C. Total Non Stormwater Screening Task Costs for each PARTY (see Table 2)
Year 1 calculation utilize cost formula (A + B + C)
Years 2 -5 calculation utilizes cost formula (A + B)
On or before December 31st 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 21 of 22
Year 1
FY 2014 -15
Year 2
FY 2015 -16
Year 3
FY 2016 -17
Year 4
FY 2017 -18
Year 5
FY 2018 -19
Total
Costs
Arcadia
$ 141,377.06
$110,151.33
$122,161.22
$98,190.27
$97,768.73
$569,648.62
Azusa
$ 120,762.38
$94,089.78
$104.348.47
$83,872.81
$83,512.73
$486.586.17
Bradbury
$ 31,027.89
$24,174.81
$26,810.60
$21,549.72
$21,457.21
$125,020.23
Duarte
$ 51,642.57
$52,518.71
$44,623.36
35,867.19
$35,713.21
$208,082.67
Monrovia
$ 104,998.21
$81,807.42
$90,726.95
$72,924.16
$72,611.08
$423,067.83
Sierra Madre
$41,941.54
$32,677.98
$36,240.89
$29,129.56
$29,004.50
$168,994.46
County of Los
Angeles
$ 67,406.74
$52,518.71
$58,244.87
$46,815.84
$$46,614.85
$271,601.02
LACFCD
5% Contribution
$29,429.28
$22 929 28
$25,429.28
$20,439.45
$20,351.70
$118,579.00
Total
$588,585.67
$458,585.67
$508,585.65
$408,789.00
$407,034.00
$2,371.580.00
On or before December 31st 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 21 of 22
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) 305 -5327
City of Bradbury
600 Winston Ave.
Bradbury, CA 91008
Representative: Michelle Keith
E -mail: MKeith @CityofBradbury.org
Phone: (626) 358 -3218 ext. 300
City of Monrovia
415 S. Ivy Ave.
Monrovia, CA 91016
Representative: Sharon Gallant
E -mail: SGallant @ci.monrovia.ca.us
Phone: (626) 932 -5553
County of Los Angeles
Department of Public Works
Watershed Management Division, 11th
Floor
900 South Fremont Avenue
Alhambra, CA 91803 -1331
Representative: Angela George
E -mail: AGeorge @dpw.lacounty.gov
Phone: (626) 458 -4300
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702 -1395
Representative: Daniel Bobadilla
E -mail: DBobadilla @ci.azusa.ca.us
Phone: (626) 812 -5064
City of Duarte
1600 Huntington Drive
Duarte, CA 91010
Representative: Rafael Casillas
E -mail: RCasillas @accessduarte.com
Phone: (626) 386 -6833
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
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: Angela George
E -mail: AGeorge @dpw.lacounty.gov
Phone: (626) 458 -4300
Page 22 of 22