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HomeMy WebLinkAboutItem 11b - Transfer Agreements for Safe, Clean Water Program DATE: August 4, 2020 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Vanessa Hevener, Environmental Services Manager SUBJECT: RESOLUTION NO. 7325 APPROVING CERTAIN TRANSFER AGREEMENTS BETWEEN THE CITY OF ARCADIA AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (“DISTRICT”) FOR THE SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM AND REGIONAL PROGRAM Recommendation: Adopt SUMMARY On November 6, 2018, the Safe, Clean Water (“SCW”) Program, also known as Measure W, was passed by Los Angeles County voters. The SCW Program provides local dedicated funding to improve water quality, increase water supply, and provide community enhancements throughout Los Angeles County. The SCW Program is estimated to generate up to $285 million annually in Parcel Tax revenues collected, with the City of Arcadia expected to receive approximately $1,030,000 annually to fund the implementation, operations and maintenance, and administration of eligible projects and programs to comply with stormwater regulations. It is recommended that the City Council adopt Resolution No. 7325 authorizing the City Manager to enter into transfer agreements between the City of Arcadia and the Los Angeles County Flood Control District for the Safe, Clean Water Program – Municipal Program and Regional Program. BACKGROUND Municipalities traditionally have relied on their General Funds to pay for stormwater compliance. The costs for complying with expanding stormwater regulations continues to steadily increase, putting pressure on local budgets. As a result of the municipalities’ efforts to find a sustainable funding source, in October 2017, Assembly Bill 1180 (Holden) was signed into law. This law amended the Los Angeles County Flood Control Act and authorized the Los Angeles County Flood Control District (“District”) to levy a tax to pay Transfer Agreements – Safe, Clean Water Program August 4, 2020 Page 2 of 3 the costs and expenses of carrying out projects and programs to improve water quality, increase stormwater capture, and reduce stormwater and urban runoff pollution subject to voter approval. In July 2018, the Los Angeles County Board of Supervisors (“Board”) adopted a resolution calling for and giving notice of an election on a measure to impose a special tax, of 2.5 cents per square foot, on each parcel’s impermeable area (e.g. building footprints, concrete, hardscape) located within the Los Angeles County Flood Control District. The Parcel Tax revenue would be allocated based on the following formula: • 10 percent to the County to fund countywide education programs, countywide projects, and administration of the program. • 40 percent to municipalities to fund the implementation, operations and maintenance, and administration of eligible projects and programs. • 50 percent to the nine watershed areas to fund regional watershed-based multi- benefit projects to be implemented by project developers, and to provide technical resources, and conduct scientific studies. On November 6, 2018, the SCW Program, also known as Measure W, was passed by the voters. Measure W is estimated to generate up to $285 million annually in Parcel Tax revenues collected, with the City of Arcadia expected to receive approximately $1,030,000 annually to fund projects and programs to comply with stormwater regulations, to increase stormwater capture and reduce stormwater and urban runoff pollution. DISCUSSION In order to receive the funds from the SCW Program, the City of Arcadia must enter into Transfer Agreements with the District. The Transfer Agreements under the Municipal Program will expire every four years, and funds received are to be used for implementation, operations and maintenance, and administration of eligible projects and programs at the municipal level during each four-year period. Transfer Agreements under the Regional Program will be handled through execution of an addenda to the Transfer Agreement for each fiscal year and will generally cover a specific municipality’s allocated costs for the various phases of a project, from planning and design, to construction, operation, and administration and maintenance. The ongoing agreements are subject to the project's continued inclusion in Board approved Stormwater Investment Plans for subsequent fiscal years, and routine reports to reflect progress and satisfaction of all agreement provisions. Without the Transfer Agreements, the City would not receive any Measure W funds. Transfer Agreements – Safe, Clean Water Program August 4, 2020 Page 3 of 3 ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), given that these projects by definition will not have a negative impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT The City of Arcadia is expected to receive up to $1,030,000 annually to fund projects and programs to comply with stormwater regulations, to increase stormwater capture and reduce stormwater and urban runoff pollution. The proposed agreements make the transfer of these funds possible. In addition, the City is able to apply for competitive grants within the watershed area. RECOMMENDATION It is recommended the City Council determine that this action is categorically exempt per the California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7325 approving certain Transfer Agreements between the City of Arcadia and the Los Angeles County Flood Control District (“District”) for the Safe, Clean Water Program – Municipal Program and Regional Program. Attachments: Resolution No. 7325 Transfer Agreement Template - Municipal Program Transfer Agreement Template - Regional Program Municipal Program Agreement No. _________ Page 1 of 23 TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND (insert MUNICIPALITY) AGREEMENT NO. _______________ SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and _______, hereinafter referred to as "Municipality." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds; WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities. NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: I. DEFINITIONS The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply: Municipal Program Agreement No. _________ Page 2 of 23 “Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A. "Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Year” means calendar year unless otherwise expressly indicated. II. PARTY CONTACTS The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement. Los Angeles County Flood Control District Municipality: Name: Name: Address: Address: Phone: Phone: Email: Email: Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party. III. EXHIBITS INCORPORATED BY REFERENCE The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement: EXHIBIT A – ANNUAL PLAN CONTENTS EXHIBIT B – GENERAL TERMS AND CONDITIONS EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipal Program Agreement No. _________ Page 3 of 23 IV. MUNICIPAL PROGRAM IMPLEMENTATION A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan for the 2020-21 Fiscal Year shall be submitted to the District no later than 45-days after the execution of this Agreement by the last party to sign. An Annual Plan for each subsequent Fiscal Year shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared. B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code. C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06. V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES A. The District shall disburse the Municipality's SCW Program Payment for the 2020 - 21 Fiscal Year within 45-days of the signed executed Agreement or within 14-days of the District’s receipt of the Annual Plan for 2020 -21 Fiscal Year in compliance with Exhibit A, whichever comes later. The initial disbursement of SCW Program Payments shall include the amount of revenue collected by the District at the time of Agreement execution; any additional funds that are subsequently collected will be disbursed by August 31, 2020. B. SCW Program Payments in subsequent Fiscal Years will generally be available for disbursement by August 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph C, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District. C. For subsequent Fiscal Years, the District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section 18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B. D. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner tha t is in violation of or in conflict with federal, state, County laws, policies, or regulations. E. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code. Municipal Program Agreement No. _________ Page 4 of 23 VI. Term of Agreement This Agreement shall expire at the end of the 2023-24 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board. VII. Execution of Agreement This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument. The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non- facsimile/electronic) transmission of “original” versions of such documents. Further, the District and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. Municipal Program Agreement No. _________ Page 5 of 23 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. ___________________________________: (Municipal Contact) By: ____________________________________ Name: Title: Date: __________________________________ LOS ANGELES COUNTY FLOOD CONTROL DISTRICT: By: ____________________________________ Name: Title: Date: __________________________________ Municipal Program Agreement No. _________ Page 6 of 23 EXHIBIT A – ANNUAL PLAN CONTENTS A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters. A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters. A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment. Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals. Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable. A-7. Provide the budget for the activities described in provisions A1 through A -5 SCW Program Payment. Municipal Program Agreement No. _________ Page 7 of 23 EXHIBIT B – GENERAL TERMS AND CONDITIONS B-1. Accounting and Deposit of Funding Disbursement 1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program. 2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District. 3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP). 4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment. B-2. Acknowledgement of Credit and Signage The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that inco rporates the requirements stated within this paragraph. When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. B-3. Acquisition of Real Property - Covenant Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code. Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar -Recorder/County Municipal Program Agreement No. _________ Page 8 of 23 Clerk containing a covenant not to sell or otherwise convey the r eal property without the prior express written consent of the District, which consent shall not be unreasonably withheld. B-4. Amendment Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties. B-5. Assignment The Municipality shall not assign this Agreement. B-6. Audit and Recordkeeping 1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures. 2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds. 3. Municipality shall file a copy of all audit reports by the ninth (9th) month from the end of each three (3) year period to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Every Third Fiscal Year Fiscal Year Audit Begins Audit Report Due to District 2020-21 7/1/2023 No later than 3/31/2024 4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit Municipal Program Agreement No. _________ Page 9 of 23 reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program. 5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code. B-7. Availability of Funds District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limite d to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount. B-8. Choice of Law The laws of the State of California govern this Agreement. B-9. Claims Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expen ditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement. B-10. Compliance with SCW Program The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code. B-11. Compliance with Law, Regulations, etc. The Municipality shall, at all times, comply with and require its contract ors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements. Municipal Program Agreement No. _________ Page 10 of 23 B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project. B-13. Disputes Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute. If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the di spute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality. SCW Program Payments shall not be used to pay for any costs of the mediation. The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law. B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed. Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been comp leted in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement. B-15. Force Majeure. In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Municipal Program Agreement No. _________ Page 11 of 23 B-16. Funding Considerations and Exclusions 1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible exp enditures contained in Section 16.05.A.3. 2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Co ntrol Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit. B-17. Indemnification The Municipality shall indemnify, defend and hold harmless the District, the County o f Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality. B-18. Independent Actor The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District. The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-19. Integration This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement. Municipal Program Agreement No. _________ Page 12 of 23 B-20. Lapsed Funds 1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality. 2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5 th) fiscal year after the fiscal year in which those funds were transferred from the District. 3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area. 4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse. 5. The decision to grant an extension is at the sole discretion of the District. 6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Fiscal Year Transferred Funds Lapse After Extension Request Due Commit By 2019-20 6/30/2025 No later than 3/31/2025 No later than 6/30/2026 B-21. Municipal Project Access Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times. B-22. Non-Discrimination The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity. Municipal Program Agreement No. _________ Page 13 of 23 B-23. No Third-Party Rights The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice 1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following: a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy. 2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation. 3. The Municipality shall notify the District promptly of the following: a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished. b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions a s directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District. B-25. Municipality’s Responsibility for Work The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The District will not mediate disputes between the Municipality and any other entity concerning responsibility for performance of work. Municipal Program Agreement No. _________ Page 14 of 23 B-26. Reporting The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available. 1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include: a. Amount of funds received; b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned; f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments. g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments a s required by the District. i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code. Municipal Program Agreement No. _________ Page 15 of 23 j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data): i. Annual volume of stormwater captured and treated ii. Annual volume of stormwater captured and reused iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include. v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include. vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include. 2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public. 3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government. B-27. Representations, Warranties, and Commitments The Municipality represents, warrants, and commits as follows: 1. Authorization and Validity. The execution and delivery of this Agreement, inc luding all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law. 2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other Municipal Program Agreement No. _________ Page 16 of 23 instrument to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof. 3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan. 4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due. 5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. 6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years. B-28. Travel Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager. B-29. Unenforceable Provision In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that: 1. The Municipality has violated any provision of this Agreement; or Municipal Program Agreement No. _________ Page 17 of 23 2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure. 3. Failure to remain in Good Standing, described in Section B -26 of Exhibit B. 4. Failure to submit annual reports on meeting SCW Program Goals. Municipal Program Agreement No. _________ Page 18 of 23 EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects. The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting tre es and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes. Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. BEST BETTER GOOD Municipal Program Agreement No. _________ Page 19 of 23 METHODS GOOD BETTER BEST Vegetation/Green Space Use of climate- appropriate, eco-friendly vegetation (groundcover, shrubs, and trees) / green space 5%-15% covered by new climate-appropriate vegetation Use of native, climate- appropriate, eco-friendly vegetation (groundcover, shrubs, and trees) / green space 16%-35% covered by new native vegetation Establishment of plant communities with a diversity of native vegetation (groundcover, shrubs, and trees) / green space that is both native and climate-appropriate More than 35% covered by new native vegetation Increase of Permeability Installation of vegetated landscape – 25%-49% paved area removed Redesign of existing impermeable surfaces and/or installation of permeable surfaces (e.g. permeable pavement and infiltration trenches) Installation of vegetated landscape – 50%-74% paved area removed Improvements of soil health (e.g., compaction reduction) Installation of vegetated landscape – 75%-100% paved area removed Creation of well- connected and self- sustained natural landscapes with healthy soils, permeable surfaces, and appropriate vegetation Protection of Undeveloped Mountains & Floodplains ● Preservation of native vegetation ● Minimal negative impact to existing drainage system ● Preservation of native vegetation ● Installation of new feature(s) to improve existing drainage system ● Creation of open green space ● Installation of features to improve natural hydrology Creation & Restoration of Riparian Habitat & Wetlands Partial restoration of existing riparian habitat and wetlands Planting of climate appropriate vegetation - between 11 and 20 different climate- appropriate or native plant species newly planted No potable water used to sustain the wetland ● Full restoration of existing riparian habitat and wetlands ● Planting of native vegetation - between 21 and 40 different native plant species newly planted No potable water used to sustain the wetland ● Full restoration and expansion of existing riparian habitat and wetlands Planting of plant communities with a diversity of native vegetation – between 41 and 50 different native plant species newly planted No potable water used to sustain the wetland Municipal Program Agreement No. _________ Page 20 of 23 New Landscape Elements Elements designed to capture runoff for other simple usage (e.g. rain gardens and cisterns), capturing the 85th percentile 24-hour storm event for at least 50% of the entire parcel Elements that design to capture/redirect runoff and filter pollution (e.g. bioswales and parkway basins), capturing the 85th percentile 24-hour storm event from the entire parcel Large sized elements that capture and treat runoff to supplement or replace existing water systems (e.g. wetlands, daylighting streams, groundwater infiltration, floodplain reclamation), capturing the 90th percentile 24-hour storm event from the entire parcel and/or capturing off-site runoff Enhancement of Soil Use of soil amendments such as mulch and compost to retain moisture in the soil and prevent erosion Planting of new climate- appropriate vegetation to enhance soil organic matter Use of soil amendments such as mulch and compost that are locally generated to retain moisture in the soil, prevent erosion, and support locally based composting and other soil enhancement activities Planting of new native, climate-appropriate vegetation to enhance soil organic matter Use of soil amendments such as mulch and compost that are locally generated, especially use of next-generation design with regenerative adsorbents (e.g. woodchips, biochar) to retain moisture in the soil, prevent erosion, and support on-site composting and other soil enhancement activities Planting of new native, climate appropriate vegetation to enhance soil organic matter Municipal Program Agreement No. _________ Page 21 of 23 EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits. 1. Litter Control • Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations • Maintaining trash receptacles • Removal of trash, debris, and blockages from bioswales • Inspection and cleaning of trash booms • Inspection of weir gates and stop logs to clean debris, as required. 2. Vegetation Maintenance • Weed control o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds. o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs) o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths. • Tree and shrubbery trimming and care o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance o Inspect for dead or diseased plants regularly • Wetland vegetation and landscape maintenance o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats. o Draining and drawdown of wetland and excessive bulrush removal Municipal Program Agreement No. _________ Page 22 of 23 o Weed and nuisance plant control o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment o Wildflower and meadow maintenance o Grass, sedge, and yarrow management o Removal of unwanted hydroseed 3. Wildlife Management • Exotic species control • Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species • Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration) • Avoid disturbances to nesting birds • Avoid spread of invasive aquatic species 4. Facility Inspection • Inspect project sites for rodent and insect infestations on a regular basis • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs • Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads) • Inspect shade structures for structural damage or defacement • Inspect hardscapes • Inspect and maintain interpretive and informational signs • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks) • Maintain deck areas (e.g. benches, signs, decking surfaces) • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up. 5. Irrigation System Management • Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly. o Inspection should be performed at least monthly. o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads. Municipal Program Agreement No. _________ Page 23 of 23 o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion). o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly. o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year. o Maintain and check function of the drip system. • Keeping irrigation control boxes clear of vegetation • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure • Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. • Use moisture sensing devices to determine water penetration in soil. 6. Erosion Management and Control • Inspect slopes for erosion during each maintenance activity • Inspect basins for erosion • Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil. 7. Ongoing Monitoring Activities • Monitor controllable intake water flow and water elevation • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions. • Water quality sampling (quarterly, unless justified otherwise) • Checking telemetry equipment • Tracking and reporting inspection and maintenance records 8. Vector and Nuisance Insect Control • Monitoring for the presence of vector and nuisance insect species • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos • Managing emergent vegetation • Using hydraulic control structures to rapidly dewater emergent marsh areas • Managing flow velocities to reduce propagation of vectors Regional Program Agreement No._________ Page 1 of 34 -DRAFT TEMPLATE- TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND (INSERT PROJECT DEVELOPER) AGREEMENT NO. _______________ SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and ___(Project Developer/Scientific Studies Applicant Entity)____, hereinafter referred to as "Recipient." WHEREAS,District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; WHEREAS,Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program; WHEREAS,the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors; WHEREAS,the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: I. DEFINITIONS The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply: “Activity Completion” means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required. “Activity Costs” means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A. “Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. Regional Program Agreement No._________ Page 2 of 34 “Budget Plan” means a Recipient’s plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Funded Activity” means the Infrastructure Program Project, or Scientific Study described in Exhibit A – Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. “Safe Clean Water (SCW) Program Contribution” means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan. “Year” means calendar year unless otherwise expressly indicated. II. PARTY CONTACTS The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement. Los Angeles County Flood Control District Recipient: Name: (Program Manager) Name: (Project Manager) Address:Address: Phone:Phone: Email:Email: Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party. III. EXHIBITS INCORPORATED BY REFERENCE The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement: EXHIBIT A – SCOPE OF WORK EXHIBIT B – GENERAL TERMS AND CONDITIONS EXHIBIT C – SPECIAL CONDITIONS EXHIBIT D – ADDENDUM TO AGREEMENT EXHIBIT E – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Regional Program Agreement No._________ Page 3 of 34 IV. ACTIVITY COMPLETION A. The Recipient shall implement and complete the Funded Activity in accordance with the work schedule described in Exhibit A, B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code. C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions. V. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY A. The District shall disburse the SCW Program Contribution for the 2020-2021 Fiscal Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45-days of receipt of the signed executed Agreement. B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 2020-21 Fiscal Year unless the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year , the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year. C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations. D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code. E. The Recipient shall submit the scope of work described in Exhibit A 45-days after execution of this Agreement. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, subsequent Exhibit A – Scope of Work will be required 45-days after execution of the addendum to this Agreement. Regional Program Agreement No._________ Page 4 of 34 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. ______(Recipient)__________: By: ____________________________________ Name: Title: Date: __________________________________ LOS ANGELES COUNTY FLOOD CONTROL DISTRICT: By: ____________________________________ Name: Title: Date: __________________________________ Regional Program Agreement No._________ Page 5 of 34 EXHIBIT A – SCOPE OF WORK A-1. Budget Plan The Recipient shall submit a detailed Budget Plan for all eligible expenditures (those incurred after November 7, 2018) for all phases and tasks included in the work schedule for the Funded Activity. The Recipient shall include a summary of leveraged funds and in-kind services for the Funded Activity. For a Funded Activity that will be performed over more than one Fiscal Year, the Budget Plan must clearly identify the amount of SCW Program Contribution for each Fiscal Year. A-2. Consistent with SCW Program Goals By signing this Agreement, the Recipient shall provide certification that the Budget Plan is consistent with SCW Program Goals as described in Chapter 18.04 of the Code. The Recipient shall include a summary of how the identified SCW Program Goals are expected to be achieved through the Funded Activity, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters. A-3. Estimated Reasonable Total Activity Cost The Recipient shall submit a detailed estimate total Activity Cost for all phases and tasks included in the work schedule for the Funded Activity. A-4. Funded Activity Description and Scope of Work The Recipient shall provide a general description of the Funded Activity and a detailed scope of work. The scope of work may include: 1. Project Management, including required reporting 2. General Compliance Requirements/Project Effectiveness and Performance 3. Permitting and Environmental Compliance 4. Planning, Design, and Engineering 5. Stakeholder and Community Outreach/Engagement Activities 6. Right of Way Acquisition 7. Construction and Implementation 8. Operation and Maintenance Regional Program Agreement No._________ Page 6 of 34 A-5. Operations and Maintenance (O&M) Plan Where the Funded Activity is an Infrastructure Program Project, the Recipient shall submit a plan describing the activities that are expected to be necessary to perform O&M for the Infrastructure Program Project to ensure it remains in good working order throughout the useful life of the Infrastructure Program Project using SCW Program Contributions. The O&M plan shall address the activities described in Exhibit F to the greatest extent feasible and in as much detail as possible based on the completeness of the Project design and construction. The Recipient shall update the O&M plan in connection with each Addenda until completion of the Infrastructure Program Project and the submittal of a final O&M plan. The Recipient shall specifically identify the entity that will be performing the O&M for the lifetime of the Project. If this is not the Recipient, the Recipient shall submit a letter of commitment from the entity that will be performing the O&M (See Exhibit F, for example activities). The letter of commitment shall include details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services. The Recipient may elect to request the local Municipality or District to provide O&M for the useful life of the Infrastructure Program Project using SCW Program Contributions. If the Recipient does not elect to seek the District’s services or if the District is unable to provide the services as requested, the Recipient shall include in the letter of commitment reference to the above details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services. A-6. Post-Construction Monitoring Where the Funded Activity is an Infrastructure Program Project, stormwater quality monitoring data shall be collected and reported in a manner consistent with the SWRCB database, the CEDEN for a period of three years. The Recipient shall submit a post- construction monitoring plan when the design phase is complete. The post-construction monitoring plan will evaluate the effectiveness of stormwater treatment facilities and include the project description; quality objectives; sampling design; sampling procedures; quality control; data management verification, and reporting; data quality assessment; and data analysis procedures. A-7. Sustainability Rating Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, the Recipient shall submit the final score and Envision award level. A-8. Stakeholder and Community Outreach/Engagement Plan The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan for Infrastructure Program Projects and include a discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement Regional Program Agreement No._________ Page 7 of 34 activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. The plan shall, at a minimum include: 1. Community outreach activities to provide information to residents and information about upcoming meetings or other engagement activity event is scheduled. Outreach methods used should be appropriate in scale and type to the community being served. Outreach methods include but are not limited to: Online Media Outreach (email blasts, social media, publication on a website) Local Media Outreach (newsletters, local and regional newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking, surveys and focus groups, and distribution of flyers or other printed materials). The District will support outreach efforts through web-based platforms if requested at least four weeks prior to the requested publish date. The District should be included in all social media outreach and notified of all meetings and other engagement events. 2. Community engagement activities solicit, address and seek input from community members for Funded Activities. These events may occur as part of any public meeting with multiple agenda items such as council, commission or committee meetings where public input is invited; or at festivals, fairs, or open houses where a table or booth may be set up. 3. Stakeholder and Community Outreach/Engagement Plan requirements: Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction. Infrastructure Program Project Funds Required Activity 1 Required Activity 2 Up to $2 M Outreach or Engagement Up to $10 M Outreach ≥1 Engagement Over $10 M Outreach ≥ 2 Engagements 4. If the Funded Activity is for the O&M of an Infrastructure Program Project Stakeholder and Community Outreach/Engagement Plan activities should occur biennially to remind communities of the SCW Program Contribution. 5. Activities and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Activity will be fully subject to and comply with any County-wide displacement policies as well as with any specific anti-displacement requirements associated with other funding sources. Regional Program Agreement No._________ Page 8 of 34 A-9. Tracking Infrastructure Program Project Benefits The Recipient shall submit an overview of the benefits achieved upon the Activity Completion. SOW shall include quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters. A-10. Work Schedule and Completion Date The Recipient shall submit a detailed schedule, including start and completion dates for all phases and tasks of the scope of work for the Funded Activity. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must clearly identify the phases and tasks that will be performed in each Fiscal Year. Regional Program Agreement No._________ Page 9 of 34 EXHIBIT B – GENERAL TERMS AND CONDITIONS B-1. Accounting and Deposit of Funding Disbursement 1. SCW Program Contributions distributed to the Recipient shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCW Program. 2. The Recipient shall not be entitled to interest earned on undisbursed SCW Program Contributions; interest earned prior to disbursement is property of the District. 3. The Recipient shall operate in accordance with Generally Accepted Accounting Principles (GAAP). 4. The Recipient shall be strictly accountable for all funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient. B-2. Acknowledgement of Credit and Signage The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activity or using any data and/or information developed under this Agreement. When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project site(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. B-3. Acquisition of Real Property – Covenant Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code. Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the Regional Program Agreement No._________ Page 10 of 34 prior express written consent of the District, which consent shall not be unreasonably withheld. B-4. Amendment Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties. B-5. Assignment The Recipient will not assign this Agreement without the prior consent of the District. B-6. Audit and Recordkeeping 1. The Recipient shall retain for a period of seven (7) years after Activity Completion, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Contributions. The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures. 2. The Recipient is responsible for obtaining an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applicable to the Recipient contained in chapters 16 and 18 of the Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shall be funded with Regional Program funds. 3. Recipient shall file a copy of the Activity Completion audit report with the District by the end of the ninth (9th) month from Activity Completion. Recipient shall file a copy of all interim audit reports by the ninth (9th) month from the end of each three (3) year period. Audit reports shall be posted on the District’s publicly accessible website. Regional Program Agreement No._________ Page 11 of 34 End-of-Activity Every Third Fiscal Year Projected End Date Audit Report Due to District SIP Fiscal Year Audit Period Audit Report Due to District 1/15/2022 No later than 10/31/2022 2020-21 7/1/2020 to 6/30/2023 No later than 3/31/2024 4. Upon reasonable advanced request, the Recipient shall permit the Chief Engineer, at the District's cost and expense, to examine the Funded Activity. The Recipient shall permit the authorized District representative, including the Auditor-Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity. 5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code. If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District. B-7. Availability of Funds District’s obligation to disburse the SCW Program Contribution is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Recipient to reflect the reduced amount. 1. The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed from other funding sources. 2. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable. Regional Program Agreement No._________ Page 12 of 34 B-8. Choice of Law The laws of the State of California govern this Agreement. B-9. Claims Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement. B-10. Completion of Funded Activity by the Recipient The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable. B-11. Compliance with Law, Regulations, etc. The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code. B-12. Competitive Bidding and Procurements The Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting#@ViewBag.JumpTo B-13. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on Regional Program Agreement No._________ Page 13 of 34 said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the Project. B-14. Default Provisions The Recipient will be in default under this Agreement under any of the following circumstances: 1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement; 2. The Recipient materially breaches this Agreement or any addendum, including but not limited to: a. Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c. Fails to remain in Good Standing (see Section B-34, below). d. The Recipient fails to maintain reasonable progress toward SCW Program Goals as described in Section 18.04 of the Code, following an opportunity to cure. e. The Recipient fails to maintain reasonable progress toward Project Completion. f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement. g. Inappropriate use of SCW Program Contributions, as deemed by the District Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the date the notice is sent via first-class mail to the Recipient. If the Recipient fails to cure the default within the time prescribed by the District, the District may do any of the following: 1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. 2. Terminate any obligation to make future payments to the Recipient. 3. Terminate the Agreement. Regional Program Agreement No._________ Page 14 of 34 4. Take any other action that it deems necessary to protect its interests. The Recipient shall not be in default under this Agreement as a result of any breach of this Agreement by the Recipient that is the direct result of the District’s failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providing the Recipient with a written notice of termination. If this Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Activity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect. B-15. Disputes Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute. If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Recipient. SCW Program Contributions shall not be used to pay for any costs of the mediation. The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law. B-16. Final Inspection and Certification of Registered Professional Where the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Recipient shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed. Where the Funded Activity is an Infrastructure Program Project, upon completion of the Project, the Recipient shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement. B-17. Force Majeure. In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be Regional Program Agreement No._________ Page 15 of 34 excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. B-18. Funded Activity Access When the Funded Activity involves an Infrastructure Program Project the Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion. B-19. Funding Considerations and Exclusions 1. All expenditures of the SCW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3. 2. SCW Program Contributions shall not be used in connection with any Funded Activity implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit. Recipient certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the Los Angeles Regional Water Quality Control Board unless, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit. B-20. Indemnification The Recipient shall indemnify, defend and hold harmless the District and their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the Recipient, its officers, employees, agents, or subconsultants or contractors in conjunction with Recipient’s performance under or pursuant to this Agreement, including defense costs, legal fees, claims, actions, and Regional Program Agreement No._________ Page 16 of 34 causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage. B-21. Independent Actor The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District. The Recipient shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-22. Integration This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement. B-23. Lapsed Funds 1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Recipient. 2. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District. 3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality or Watershed Area. 4. In the event that funds are to lapse, due to circumstances beyond the Recipient’s control, then the Recipient may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse. 5. The decision to grant an extension is at the sole discretion of the District. 6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Regional Program Agreement No._________ Page 17 of 34 7. Example: Fiscal Year Transferred Funds Lapse After Extension Request Due Commit By 2020–21 6/30/2026 No later than 3/31/2026 No later than 6/30/2027 B-24. Modification This Agreement may be amended or modified only by mutual written consent of the Board and Recipient. B-25. Non-Discrimination The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity. B-26. No Obligation of the District The District will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no further obligation, other than to transfer the funds, with respect to the Funded Activity itself. B-27. No Third-Party Rights The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-28. Notice 1. The Recipient shall notify the District in writing within five (5) working days of the occurrence of the following: a. Bankruptcy, insolvency, receivership or similar event of the Recipient; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy. 2. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation. 3. The Recipient shall notify the District promptly of the following: a. Any significant deviation from in the submitted scope of the Funded Activity for the current Fiscal Year, including discussion of any major changes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated Regional Program Agreement No._________ Page 18 of 34 reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity. Under no circumstances may the Recipient make changes to the scope of the Funded Activity without receiving prior approval. b. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more; c. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Activity Completion; d. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. When the District is acting as the Lead Agency under CEQA for the Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actions as directed by the District; e. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District; f. Activity completion. B-29. Public Records The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder. B-30. Recipient’s Responsibility for Work The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The District will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work. B-31. Related Litigation The Recipient is prohibited from using the SCW Program Contribution to pay costs associated with any litigation described in Section 16.05.A.3. of the Code. Regardless of Regional Program Agreement No._________ Page 19 of 34 whether the Project orany eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all the SCW Program Contribution plus interest to the District. B-32. Remaining Balance In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity, Recipient shall promptly return the unspent SCW Program Contribution to the District. B-33. Reporting The Recipient shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available. Quarterly Progress/Expenditure Reports. The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within forty- five (45) days following the end of the calendar quarter (March, June, September, and December) to the District. The Quarterly Progress/Expenditure Reports shall be posted on the District’s publicly accessible website. The Quarterly Progress/Expenditure Report shall include: a. Amount of funds received; b. Percent overall Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding metrics; f. Identification of any phases or tasks of the scope of work that were scheduled to be started or completed during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of lessons learned; g. Scheduling concerns and issues encountered that may delay completion of the task; h. Work anticipated for the next reporting period; i. Any anticipated schedule or budget modifications; Regional Program Agreement No._________ Page 20 of 34 j. Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project-related information as required by the District; l. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A; m. Status of Recipient’s insurance; and n. Description of post-performance for each completed infrastructure project is required after the first operational year and for a total of three years after the project begins operation. Post-performance reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and providing intended benefits as proposed. A post-performance template will be provided by the District. Quarterly Progress/Expenditure Reports shall be submitted to the District Program Manager no later than forty-five days following the end of the calendar quarter as follows: Quarter End of Quarter Report Due First Quarter September 15 November Second Quarter December 15 February Third Quarter March 15 May Fourth Quarter June 15 August Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year’s Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter. The summary report shall include: Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter 18.04 of the Code for the prior year. This includes comparisons to Exhibit A and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data). Regional Program Agreement No._________ Page 21 of 34 When the Funded Activity is an Infrastructure Program Project, include a description of how the County’s Local and Targeted Worker Hire Policy has been applied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced. Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, include a description of the final score and Envision award level. Annually, the Recipient shall prepare and provide members of the public with up-to-date information on the actual and budgeted use of the SCW Program Contribution. As Needed Information or Reports. The Recipient agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government. B-34. Representations, Warranties, and Commitments The Recipient represents, warrants, and commits as follows: 1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. 2. No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof. 3. No Litigation. There are no pending or, to the Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity. 4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and will not be rendered insolvent by the transactions Regional Program Agreement No._________ Page 22 of 34 contemplated by this Agreement. The Recipient is able to pay its debts as they become due. 5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect itslegal rights and authority through Activity Completion. 6. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker’s Compensation and Employer’s Liability, Builder’s Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual:https://riskmanagement.lacounty.gov/wp- content/uploads/2019/06/Insurance-Manual-revised-May-2019.pdf B-35. Requirements for Good Standing The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years. B-36. Requirements Related to Recipient's Contractors 1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Alternatively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP. 2. The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federal constitutional limitations. Regional Program Agreement No._________ Page 23 of 34 3. The Recipient shall obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall constitute a breach of a material provision of this Agreement. 4. With respect to a Project funded with SCW Program Contributions through the Regional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Project be bound by the provisions of: (1) a County- wide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement. 5. With respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project. 6. Payment Bond. Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppliers on the Project will be paid. 7. Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995.311.) 8. Prevailing Wage. The Recipient agrees to be bound by all the provisions of Sections 1771 and 1774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance, and the Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make it contractors and subcontractors aware of this provision . Regional Program Agreement No._________ Page 24 of 34 9. Public Funding. This Funded Activity is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. B-37. Travel Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager. B-38. Unenforceable Provision In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. Regional Program Agreement No._________ Page 25 of 34 EXHIBIT C – SPECIAL CONDITIONS [If the Recipient is a public agency] C-1. The Recipient acknowledges and agrees that the Recipient is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and other work and any mitigation necessary to comply with CEQA in connection with the Funded Activity. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA. C-2. Upon the completion of the documentation, analysis and other work necessary to comply with CEQA as described in section C-1, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges that the District is a Responsible Agency under CEQA in connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has provided such documentation, analysis and other work to the District and the District has complied with its obligations as a Responsible Agency under CEQA. C-3. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the State CEQA Guidelines or the NEPA. C-4. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District. With the District's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts. C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the Regional Program Agreement No._________ Page 26 of 34 terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [If the Recipient is not a public agency] C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Environmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the District. Any decisions based on the documentation prepared by the Recipient will reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA and the Recipient acknowledges that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction. C-2. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA. C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigated, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request that the Funded Activity be modified in order to avoid such environmental impact(s). C-4. In the event that the District terminates the SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the District terminates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity for which the SCW Program Contribution was not terminated. Regional Program Agreement No._________ Page 27 of 34 EXHIBIT D – ADDENDUM TO AGREEMENT -DRAFT TEMPLATE- ADDENDUM NO. ___ TO TRANSFER AGREEMENT NO. _______________ BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND (INSERT PROJECT DEVELOPER) SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM This Addendum No. ___ to Transfer Agreement No. _______________, hereinafter referred to as “Addendum No. ___”, is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and ___(Project Developer/Scientific Studies Applicant)____, hereinafter referred to as "Recipient." WHEREAS,District and Recipient entered into Transfer Agreement No. _______________ , hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on _______________; WHEREAS,the Agreement provides for the disbursement of the SCW Program Contribution for the 2020-21 Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year; WHEREAS,the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year __________; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: 1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. ___. 2. The District shall disburse the SCW Program Contribution for the __________ Fiscal Year as described in the Budget Plan within ___ days of the execution of this Addendum by the last party to sign. 3. All terms and conditions of the Agreement shall remain in full force and effect. Page 28 of 34 IN WITNESS WHEREOF, this Addendum No. ___ has been executed by the parties hereto. ________(Recipient)_________: By: ____________________________________ Name: Title: Date: __________________________________ LOS ANGELES COUNTY FLOOD CONTROL DISTRICT: By: ____________________________________ Name: Title: Date: __________________________________ Page 29 of 34 EXHIBIT E – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects. The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes. Recipients are to consider using Nature-Based Solutions for infrastructure projects and include in each Quarterly Progress/Expenditure Report and annual summary whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Recipients must attach a copy of the matrix for each Project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. BEST BETTER GOOD Page 30 of 34 METHODS GOOD BETTER BEST Vegetation/Green Space Use of climate- appropriate, eco-friendly vegetation (groundcover, shrubs, and trees) / green space 5%-15% covered by new climate-appropriate vegetation Use of native, climate- appropriate, eco-friendly vegetation (groundcover, shrubs, and trees) / green space 16%-35% covered by new native vegetation Establishment of plant communities with a diversity of native vegetation (groundcover, shrubs, and trees) / green space that is both native and climate-appropriate More than 35% covered by new native vegetation Increase of Permeability Installation of vegetated landscape – 25%-49% paved area removed Redesign of existing impermeable surfaces and/or installation of permeable surfaces (e.g. permeable pavement and infiltration trenches) Installation of vegetated landscape – 50%-74% paved area removed Improvements of soil health (e.g., compaction reduction) Installation of vegetated landscape – 75%-100% paved area removed Creation of well- connected and self- sustained natural landscapes with healthy soils, permeable surfaces, and appropriate vegetation Protection of Undeveloped Mountains & Floodplains ●Preservation of native vegetation ●Minimal negative impact to existing drainage system ●Preservation of native vegetation ●Installation of new feature(s) to improve existing drainage system ●Creation of open green space ●Installation of features to improve natural hydrology Creation & Restoration of Riparian Habitat & Wetlands Partial restoration of existing riparian habitat and wetlands Planting of climate appropriate vegetation - between 5 and 15 different climate- appropriate or native plant species newly planted No potable water used to sustain the wetland ●Full restoration of existing riparian habitat and wetlands ●Planting of native vegetation - between 16 and 30 different native plant species newly planted ●No potable water used to sustain the wetland ●Full restoration and expansion of existing riparian habitat and wetlands ●Planting of plant communities with a diversity of native vegetation – greater than 31 native plant species newly planted ●No potable water used to sustain the wetland Page 31 of 34 New Landscape Elements Elements designed to capture runoff for other simple usage (e.g. rain gardens and cisterns), capturing the 85th percentile 24-hour storm event for at least 50% of the entire parcel Elements that design to capture/redirect runoff and filter pollution (e.g. bioswales and parkway basins), capturing the 85th percentile 24-hour storm event from the entire parcel Large sized elements that capture and treat runoff to supplement or replace existing water systems (e.g. wetlands, daylighting streams, groundwater infiltration, floodplain reclamation), capturing the 90th percentile 24-hour storm event from the entire parcel and/or capturing off-site runoff Enhancement of Soil Use of soil amendments such as mulch and compost to retain moisture in the soil and prevent erosion Planting of new climate- appropriate vegetation to enhance soil organic matter Use of soil amendments such as mulch and compost that are locally generated to retain moisture in the soil, prevent erosion, and support locally based composting and other soil enhancement activities Planting of new native, climate-appropriate vegetation to enhance soil organic matter Use of soil amendments such as mulch and compost that are locally generated, especially use of next-generation design with regenerative adsorbents (e.g. woodchips, biochar) to retain moisture in the soil, prevent erosion, and support on-site composting and other soil enhancement activities Planting of new native, climate appropriate vegetation to enhance soil organic matter Page 32 of 34 EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits. 1. Litter Control Regularly removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. Regularly inspection and maintenance of pet waste stations Maintaining trash receptacles Removal of trash, debris, and blockages from bioswales Inspection and cleaning of trash booms Inspection of weir gates and stop logs to clean debris, as required. 2. Vegetation Maintenance Weed control o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds. o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs) o Regularly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths. Tree and shrubbery trimming and care o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance o Inspect for dead or diseased plants regularly Wetland vegetation and landscape maintenance o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats. Page 33 of 34 o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment o Wildflower and meadow maintenance o Grass, sedge, and yarrow management o Removal of unwanted hydroseed 3. Wildlife Management Exotic species control Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration) Avoid disturbances to nesting birds Avoid spread of invasive aquatic species 4. Facility Inspection Inspect project sites for rodent and insect infestations on a regular basis Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads) Inspect shade structures for structural damage or defacement Inspect hardscapes Inspect and maintain interpretive and informational signs Inspect site furnishings (e.g. benches, hitching posts, bicycle racks) Maintain deck areas (e.g. benches, signs, decking surfaces) Visually inspect weirs and flap gates for damage; grease to prevent locking. Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up. 5. Irrigation System Management Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly. o Inspection should be performed at least monthly. o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads. Page 34 of 34 o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion). o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly. o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year. o Maintain and check function of the drip system. Keeping irrigation control boxes clear of vegetation Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. Use moisture sensing devices to determine water penetration in soil. 6. Erosion Management and Control Inspect slopes for erosion during each maintenance activity Inspect basins for erosion Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil. 7. Ongoing Monitoring Activities Monitor controllable intake water flow and water elevation Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions. Water quality sampling (quarterly, unless justified otherwise) Checking telemetry equipment Tracking and reporting inspection and maintenance records 8. Vector and Nuisance Insect Control Monitoring for the presence of vector and nuisance insect species Adequate pretreatment of influent wastewater to lessen production of larval mosquitos Managing emergent vegetation Using hydraulic control structures to rapidly dewater emergent marsh areas Managing flow velocities to reduce propagation of vectors