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HomeMy WebLinkAboutC-2315IMPLEMENTATION AGREEMENT BY AND BETWEEN GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF ARCADIA REGARDING THE OVERSIGHT OF THE PREPARATION OF SPECIAL SCIENTIFIC STUDIES FOR THE LOS ANGELES RIVER METALS TMDLS This Implementation Agreement ( "Agreement ") is made and entered into this 21 day of August, 2007 by and between the Gateway Cities Council of Governments, a California joint powers authority ( "GCCOG "), and the City of Arcadia a California municipal corporation ( "City "). RECITALS WHEREAS, the mission of the GCCOG includes environmental planning and providing sound science to its member cities; and WHEREAS_ , fifteen of the GCCOG's cities are located in the Los Angeles River watershed and the GCCOG has established effective relationships with the surrounding Councils of Governments; and WHEREAS, the GCCOG has successfully partnered and entered into implementation agreements in the past with various cities, SCAG, Caltrans and the County of Los Angeles on projects of regional significance; and WHEREAS, the Los Angeles Regional Water Quality Control Board ( "Regional Board ") adopted the Los Angeles River Metals Total Daily Maximum Loads ( "TMDLs ") in September of 2005, with the intent of improving water quality in the Los Angeles River and its tributaries; and WHEREAS, the TMDLs regulate the City and other cities, the County of Los Angeles and Caltrans ( "the Regulated Entities "), requiring a high degree of organization and cooperation from the local agencies in the watershed; and WHEREAS, the TMDLs require a coordinated monitoring plan ( "CMP ") that is designed to monitor water quality at several key locations along the Los Angeles River and its tributaries, in addition to targeted monitoring; and WHEREAS, the TMDLs provide for a series of scientific studies to be completed, including Water Effects Ratio /Biotic Ligand Model, Paired Atmospheric Deposition and Storm Flow Sampling ( "Special Studies ") in connection with satisfying the TMDLs; and Page 1 of 9 0 • WHEREAS, the Special Studies would provide the data necessary to assist the Regional Board in establishing the appropriate water quality standards for metals and to account for loading of atmospheric deposition and natural background metals on the water quality of the Los Angeles River and its tributaries; and WHEREAS, the CMP and Special Studies require proper management and supervision by scientific experts ( "Project Manager "), beyond the resource capabilities of any one of the Regulated Entities; and WHEREAS, the GCCOG has agreed to enter into an agreement with a Project Manager in order to properly manage the CMP and Special Studies and in order to assist the Regulated Entities in the completion of both; and WHEREAS, a Steering Committee, consisting of representatives from the Regulated Entities, has been established with the purpose of general oversight of the Special Studies; and WHEREAS, a Technical Committee, consisting of representatives from the Regulated Entities, will be established with the responsibility for assisting the Project Manager and advising the Steering Committee; and WHEREAS, the Regulated Entities, including the City, have agreed to share in fully funding the costs of the Project Manager, including those costs incurred by the GCCOG in administering the agreement with the Project Manager. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties hereto agree as follows: Section 1. Recitals. The recitals set forth above are fully incorporated as part of this Agreement. Section 2. Term. The term of this Agreement shall remain and continue in effect until completion of the Project Manager's Scope of Services which are outlined in Exhibit A attached hereto and made a part of this Agreement by this reference. Section 3. Assessment for Proportional Costs of the Proiect Management. The City agrees to provide funds to the GCCOG based on the cost allocation formula set forth in Exhibit B attached hereto and made a part of this Agreement by this reference. The GCCOG will invoice the City upon the execution of this Agreement, based on allocated project management costs, which includes the compensation of the Project Manager and all costs incurred by the GCCOG in the performance of its duties under this Agreement. These costs include, but are not limited to, administrative costs, legal costs, and compensation for staff time. Page 2 of 9 0 Section 4. Role of the GCCOG. The GCCOG shall enter into the agreement with the Project Manger; invoice the Regulated Entities based on the cost allocation formula in Exhibit B; collect, hold, and distribute the funds provided by the Regulated Entities as set forth in this Agreement; and provide auditing services in connection with the agreement with the Project Manager. Section 5. Independent Contractor (a) The GCCOG is and shall at all times remain a wholly independent contractor for performance of this obligations described in this Agreement. The GCCOG officers, employees and agents performing such obligations shall at all times be under the GCCOG's exclusive control. The City shall have no control over the conduct of the GCCOG or any of its officers, employees or agents, except as set forth in this Agreement. The GCCOG, and its officers, employees, or agents are not and shall not be deemed to be employees of the City. (b) No employee benefits shall be available to the GCCOG in connection with the performance of its obligations under this Agreement. The GCCOG is solely responsible for the payment of salaries, wages, other compensation, employment taxes, worker's compensation, or similar taxes for any employees for performing obligations hereunder. Section 6. Indemnification. To the fullest extent permitted by law, the City of Arcadia and the GCCOG agree to save, indemnify, defend and hold harmless each other from any an all liability, claims, suits, actions, arbitration proceedings, administrative proceedings and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, actual attorney fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance this Agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this Agreement for the percentage of liability determined in this section. Section 7. Termination of Agreement. Either party may terminate this Agreement for any reason, in whole or part, by giving the other party thirty (30) days written notice thereof The City of shall be responsible for the allocated costs of project management incurred up to the date of the termination. Section 8. Miscellaneous. (a) Notices. All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the parties may from time to time designate by written notice in the aforesaid manner: Page 3 of 9 0 To GCCOG: Mr. Richard Powers Executive Director 16401 Paramount Blvd. Paramount, CA 90723 To City: William R. Kelly 240 W. Huntington Drive Arcadia, CA 91006 (b) Separate Accounting and Auditing, The GCCOG agrees to establish a separate account to track the revenues from the Regulated Entities and the expenses from the Project Manager. Monthly financial statements and the annual audit will be made available to all of the participating Regulated Entities and will be provided to the Steering and Technical Committees. (c) Binding Effect. This Agreement shall be binding upon and inure to the benefit of each party to this Agreement and their respective heirs, administrators, representatives, successors and assigns. (d) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the parties. (e) Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. (f) Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. (g) No Presumption in Drafting. The parties to this Agreement agree that the general rule that an Agreement is to be interpreted against the party drafting it or causing it to be prepared shall not apply. (h) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. Page 4 of 9 (i) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and constructed without the invalid, void or unenforceable provision(s). (j) Counterpart s. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to both parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and the year first above written. APPROVED AS TO FORM: City Attorney ATTEST: Richard Powers, Secretary ll�l ar.u.o1/ City Manger of the City of Arcadia Page 5 of 9 GATEWAY CITIES COUNCIL OF GOVERNMENTS Elba Guerrero, President 0 EXHIBIT A Task 1. Coordination with TMDL monitoring team(s) 0 The County of Los Angeles Department of Public Works has taken the lead on TMDL monitoring, with input from a technical committee composed of representatives of several cities, the City of Los Angeles and additional entities. The monitoring plan is currently under development. Monitoring will include both ambient monitoring as various locations within the Los Angeles River and its tributaries, and TMDL compliance monitoring, which will be designed to assess progress towards compliance with TMDL concentration -based targets. Both wet and dry weather monitoring will be conducted and will include both single grab samples (for dry weather) and multiple samples per event, or event -mean concentration (EMCs) (for wet weather). Some of these samples will be used the determination of site specific objections (SSO's) (see also Task 2). The Project Manager will attend regular meetings of the monitoring group, anticipated to occur once monthly, and will review work plans, study design, and sampling results, in order to provide input to the monitoring team and to work toward integration of all study components into a comprehensive report to the Regional Board. Task 2. Coordination with SSO study team The City of Los Angeles will take the lead in conducting SSO studies, building off of the SSO study work that is currently being done for copper at several locations in the Los Angeles River by the cities of Los Angeles and Burbank. The purpose of the new study will be to formulate site - specific metals objectives for copper, lead and zinc. This study would likely include saltwater and freshwater monitoring and laboratory analysis for toxicity, sediment, metals, and water quality parameters to be used in evaluating the biotic ligand model (BLM) (including TOC, DOC, total and dissolved metals, pH, major cations, major anions, alkalinity, sulfide, ammonia, DIC, TDS, humic acid, hardness, and conductivity). Although the details of this study are pending, the Project Manager will need to attend regular meetings of the SSO study team, anticipated to meet monthly. The Project Manager will also review work plans, study designs, and sampling and study results. The City of Los Angeles and /or its consultants will conduct all SSO work related to this task. As with Task 1, the Project Manager will be to provide liaison, continuity and consistency between studies. Task 3. Project management and coordination for the paired atmospheric deposition /watershed runoff study This study will involve the monitoring of storm water quality and atmospheric deposition in natural, predominantly open space areas of the Los Angeles River watershed. As currently scoped, this study would be separate from the TMDL monitoring and SSO studies, and would involve collection of 8 atmospheric samples (two samples in each of Page 6 of 9 the four seasons) in each of 4 predominantly open space watersheds. The Project Manager will develop a work plan for this study, assist in the preparation of a Request for Proposal (RFP), assist in the evaluation of the proposals and consultant selection, and provide technical project management over the course of the project. Task 4. Coordination of Technical Committee (TC) efforts The Project Manager will assist in identifying participants for a TC to oversee all study efforts and assist the TC in its responsibilities. The TC will meet periodically to evaluate the work plans for all projects and would meet while the studies are underway. The TC would reconvene to review the study results and a final work product. Task 5. Coordination of Steering Committee (SC) efforts, final report and meetings with regulatory agencies The Project Manager will meet periodically with the SC. At the SC's direction, the project manager will prepare a final, comprehensive report detailing results from the monitoring, the SSO studies, and the paired atmospheric deposition/storm flow studies. The project manager will also assist with meetings with the Regional Board, State Board, and /or EPA, and with testimony regarding the TMDL. Budget Estimate The estimated total budget for project management is $338,700 over a three -year period. This budget should be considered preliminary and may be refined as the scope of work outlined above is defined more clearly. The TC and the SC will work with the GCCOG in finalization of the contract with the Project Manager, including refining the above tasks as necessary, specifying any additional work that is subject to time and expense basis and agreeing to the schedule of hourly billing rates for any additional work. Page 7 of 9 EXHIBIT B LOS ANGELES RIVER METALS TMDL SPECIAL STUDIES COST ALLOCATION FORMULA (showing cost allocation for every $100,000 in costs) Name Area ins miles Distribution Base Rate $ Allocation on S Miles $ Alhambra 7.6 0.012401279 500 992.10 Arcadia 10.93 0.017834998 500 1,426.80 MRate Bell 2.74 0.004470988 500 357.68 Bell Gardens 2.48 0.004046733 500 323.74 Bradbu 1.4 0.002284446 500 182.76 . Burbank 17.35 0.028310815 500 2,264.87 2,764.87 Caltrans 11.24 0.018340839 500 1,467.27 1,967.27 Carson 0.88 0.001435938 500 114.88 614.88 Commerce 6.56 0.010704262 500 856.34 1,356.34 Compton 8.6 0.014033027 500 1,122.64 1,622.64 Cudahy 1.12 0.001827557 500 146.20 646.20 Downey 5.661 0.00923569 500 738.86 1,238.86 Duarte 2.3 0.003753019 500 300.24 800.24 El Monte 6.97 0.011373279 500 909.86 1,409.86 Glendale 30.62 0.049964102 500 3,997.13 4,497.13 Huntington Park 3.03 0.004944194 500 395.54 895.54 Irwindale 1.89 0.0030840021 500 246.72 746.72 La Canada Flintrid a 8.57 0.0139840741 500 1,118.73 1,618.73 Long Beach 16.66 0.02718491 500 2,174.79 2,674.79 Los Angeles 281.44 0.459238953 500 36,739.12 37,239.12 Lynwood 4.85 0.007913974 500 633.12 1,133.12 Maywood 1.18 0.001925462 500 154.04 654.04 Monrovia 10.34 0.016872267 500 1,349.78 1,849.78 Montebello 8.36 0.013641407 500 1,091.31 1,591.31 Monterey Park 7.661 0.012499184 500 999.93 1,499.93 Paramount 4.34 0.007081783 500 566.54 1,066.54 Pasadena 22.71 0.037040663 500 2,963.25 3,463.25 Pico Rivera 3.12 0.005091051 500 407.28 907.28 Rosemead 5.14 0.008387181 500 670.97 1,170.97 San Fernando 2.41 0.003932511 500 314.60 814.60 San Gabriel 4.12 0.006722799 500 537.82 1,037.82 San Marino 3.76 0.00613537 500 490.83 990.83 Sierra Madre 2.99 0.004878924 500 390.31 890.31 Signal Hill 1.13 0.001843874 500 147.51 647.51 South El Monte 2.09 0.003410352 500 272.83 772.83 South Gate 7.48 0.01220547 500 976.44 1,476.44 South Pasadena 3.43 0.005596893 500 447.75 947.75 Temple City 4.01 0.006543307 500 523.46 1,023.46 Vernon 5.08 0.008289276 500 663.14 1,163.14 Unincorporated Areas 80.61 0.131535148 5001 10,522.81 11,022.81 612.84 1 20,0001 80,000 100,000 Page 8 of 9 Exhibit A - Page 2 Notes: The calculation of square miles in the watershed is based on GIS information supplied by the Regional Water Quality Control Board. The distribution column indicates the square miles located within the jurisdiction of each Regulated Entity as a fraction of the total watershed. The base rate is $500 per Regulated Entity per $100,000 in study costs. This base rate ensures a minimum contribution from each Regulated Entity, resulting in a total base of $20,000. The allocation based on square miles is $100,000 minus the base of $20,000 ($80,000) multiplied by the figure in the distribution column for each Regulated Entity. Each Regulated Entity's total cost for every $100,000 in costs is the sum of the base ($500 1$100,000), plus the Regulated Entity's allocation based on square miles. Page 9 of 9