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COOPERATIVE AGREEMENT
BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND THE CITIES OF ARCADIA AND SIERRA MADRE
This Cooperative Agreement ( "Agreement ") among the Los Angeles County
Flood Control District ( "DISTRICT "), the City of Arcadia ( "ARCADIA "), and the
City of Sierra Madre ( "SIERRA MADRE") (each a "CITY" and collectively, the
"CITIES ") is entered into this _,Z�57 day of 7>acr�„6�� , 2004.
RECITALS
WHEREAS, ARCADIA and SIERRA MADRE each hold water rights in
the East Raymond Basin within the San Gabriel Valley in the County of Los
Angeles ( "County") and extract groundwater to supply their communities with
potable water; and
WHEREAS, ARCADIA and SIERRA MADRE, in collaboration with the
U.S. Army Corps of Engineers, developed a Water System Reliability Program
( "Program") to. address the Cities' water supply reliability, quantity and quality,
and full restoration of the water system infrastructure following a major
earthquake; and
WHEREAS, the Program recommends a study ( "Study ") to determine the
potential to increase water production in the East Raymond Basin by replenishment
of groundwater; and
WHEREAS, the total cost of the Study is $375,000; and
WHEREAS, in 2003, the Cities received a Federal grant ( "Grant ") from the
U.S. Environmental Protection Agency, in the amount of $206,250 to conduct the
Study; and
WHEREAS, the Grant requires a local match ( "Local Match ") in the sum of
$168,750, equal to 45 percent of the cost of the Study; and
WHEREAS, DISTRICT is a special district organized an operating under
the provisions of the Los Angeles County Flood Control. Act, Water Code
Uncodified Acts, Act 4463; and
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WHEREAS, pursuant to the Los Angeles County Flood Control Act, the
DISTRICT owns and manages flood control and water conservation facilities in
the County and said efforts result in the capture of storm flows used to replenish
groundwater basins in the County, including the East Raymond Basin; and
WHEREAS, as part of those facilities, DISTRICT owns and operates Santa
Anita Dam, Santa Anita Debris Basin and Santa Anita Spreading Grounds
(collectively, the "DISTRICT'S Raymond Facilities ") within the East Raymond
Basin; and
WHEREAS, DISTRICT developed concepts to improve the efficiency of
the Santa Anita Spreading Grounds and to seismically upgrade the Santa Anita
Dam and Santa Anita Debris Basin; and
WHEREAS; the Study also will review and evaluate these concepts to assist
in determining the best means of rehabilitating the DISTRICT'S Raymond
Facilities; and
WHEREAS, independent from the DISTRICT, SIERRA MADRE owns
and operates the Sierra Madre Spreading Grounds within the East Raymond Basin;
and
WHEREAS, the DISTRICT'S Raymond Facilities together with the Sierra
Madre Spreading Grounds constitute the integral means for the capture and
recharge of storm flows that replenish the East Raymond Basin; and
WHEREAS, DISTRICT wishes to collaborate with ARCADIA and
SIERRA MADRE in the Study by contributing the sum of $56,250 or the
equivalent of in -kind services, equivalent to one third (1/3) of the required Local
Match; and
WHEREAS, the CITIES, together, will fund the remaining two thirds (2/3)
of the Local Match, in the sum of $112,500, needed for the Study by each
contributing the sum of $56,250 under the terms herein; and
WHEREAS, ARCADIA will hire a third -party consultant under contract
(the "Contract ") with ARCADIA to perform the Study and ARCADIA will be
responsible for the supervision of the consultant and the administration of the
contract; and
Y
WHEREAS, each of the CITIES and the DISTRICT have the right to
participate in a Technical Advisory Committee ( "TAC ") that ARCADIA will form
to provide input in the Study.
NOW, THEREFORE, in consideration of the mutual benefits to be derived
by the parties, it is hereby agreed as follows:
(1) DISTRICT AGREES:
a. To contribute $56,250, or the equivalent of in -kind services, as may be
allowed by the grantor of the Grant, toward the Local Match.
Within forty -five (45) days following receipt of a written invoice from
ARCADIA, to make a payment to ARCADIA, in the amount of $56,250,
less the value of the in -kind services provided under subsection La. above,
to be applied to satisfy one -third of the Local Match.
(2) ARCADIA AGREES:
a. To contribute $56,250 of its own funds toward the Local Match.
b. To perform the following functions: (1) To enter into a written
Contract with a third -party consultant ( "Consultant') selected with the
concurrence of the parties; (2) perform all necessary administration
and oversight of the Contract; (3) form the TAC to be composed of
members as agreed by the parties; and (4) to assure that all of the
requirements of the Grant are met.
c. Shall have the right and opportunity to participate in the TAC and to
provide technical input in the development and execution of the tasks
to be performed under the Contract
d. Chair meetings of the TAC and prepare and distribute meetings
minutes to TAC members.
e. Manage the Contract and provide DISTRICT and SIERRA MADRE
with written status reports, a detailed accounting, and copies of the
Study.
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f. Perform a lead role in collecting documentation of in -kind services
performed by ARCADIA, SIERRA MADRE, and DISTRICT.
g. To return to the DISTRICT and SIERRA MADRE, within thirty (30)
days, the full amount of the their respective contribution, if for any
reason, the Contract is not awarded within the time specified in the
Grant.
h. Notwithstanding the provisions of Government Code Sections
895, et. seq. pursuant to Government Code, Section 895.4, to
indemnify, defend and save harmless DISTRICT and SIERRA
MADRE against any and all liability and expense, including
attorneys' and `experts' fees and costs, arising from any act or
omission in conjunction with the Contract and/or the Study, and any
agreement relating to the Grant or any alleged violation of any term or
condition of the Grant.
i. To provide the DISTRICT and SIERRA MADRE the right and
opportunity to participate in the TAC and provide technical input in
the development and execution of the tasks to be performed under the
Contract.
3. SIERRA MADRE AGREES:
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a. To contribute $56,250 of its own funds towards the Local Match.
b. Notwithstanding the provisions of Government Code Sections 895, et.
seq. pursuant to Government Code, Section 895.4, to indemnify,
defend and save harmless DISTRICT against any and all liability and
expense, including attorneys' and `experts' fees and costs, arising
from any act or omission of SIERRA MADE in conjunction with the
Contract and/or the Study, and any agreement relating to the Grant or
any alleged violation of any term or condition of the Grant.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed on the above date.
CITY OF ARCADIA
By M
William R. Kelly, City Manager
Dated: October 12--, 2004
ATTEST:
l
By 6
Vida Tolman, Chief Deputy City Clerk
APPROVED AS TO FORM:
By
Stephen P. Deitsch, City Attorney
CITY OF SIERRA MADRE
By �2 .
Tamara Gates, City Manager
Dated: October a—S 12004
ATTEST:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT
hief Engineer
APPROVED AS TO FORM:
OFFICE OF THE COUNTY
COUNSEL
By ' ! AAA
rr-
Deputy
AG: sv
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