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
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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.
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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:
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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.
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(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
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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
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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.
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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
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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.
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