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HomeMy WebLinkAboutC-2117.N: . 62-11+ 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 1 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. 3 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: // // // 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. [SIGNATURES ON NEXT PAGE] 11 t ,. i 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 ' ! 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