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Home My WebLink AboutC-24701l00-80 c -- .2 Lf --�-o COOPERATIVE AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND THE CITIES OF ARCADIA AND SIERRA MADRE This Cooperative Agreement ( "AGREEMENT ") is being entered into between the Los Angeles County Flood Control District ( "DISTRICT "), the City of Arcadia ( "ARCADIA ") and the City of Sierra Madre ( "SIERRA MADRE") (each a "CITY" and collectively, the "CITIES "). RECITALS WHEREAS, ARCADIA and SIERRA MADRE each hold water rights in the East Raymond Basin within the San Gabriel Valley in the County of Los Angeles ( "County ") and extract groundwater to supply their communities with potable water; and WHEREAS, DISTRICT is a special district organized and operating under the provisions of the Los Angeles County Flood Control Act; and WHEREAS, pursuant to the Los Angeles County Flood Control Act, the DISTRICT owns and manages flood control and water conservation facilities in the County, including the Santa Anita Dam and Reservoir (under USDA Forest Service Special -Use Permits #LAR101407 and #LAR101413), Santa Anita Debris Basin, Santa Anita Creek Diversion Structure and Santa Anita Spreading Grounds, and the Santa Anita Sediment Placement Site, and said efforts result in the capture of storm flows used to replenish groundwater basins in the County, including the East Raymond Basin; and WHEREAS, DISTRICT has developed preliminary concepts to improve the efficiency of the Santa Anita Spreading Grounds and to seismically upgrade Santa Anita Dam and Santa Anita Debris Basin; and WHEREAS, in 2003, the CITIES received a Federal grant from the U.S. Environmental Protection Agency, in the amount of $206,250 to conduct a study ( "Study ") to determine the potential to increase water production in the East Raymond Basin by replenishment of groundwater; and WHEREAS, DISTRICT collaborated with the CITIES in the Study and provided one third of the required Local Match for the Federal grant; and WHEREAS, the Study identifies ten (10) project alternatives for making improvements to flood control and water conservation facilities within the East Raymond Basin, including the Santa Anita Dam, the Santa Anita Debris Basin, the Santa Anita and Sierra Madre Spreading Grounds, the Santa Anita Creek and Sierra Madre Creek diversion structures, and the Sierra Madre diversion pipeline; and WHEREAS, each of the CITIES and DISTRICT desire to cooperatively pursue projects to maximize potential increase in water production in the East Raymond Basin and to pursue Federal funding for such projects; and WHEREAS, the CITIES have received authorization of $20 million through the Water Resources Development Act, Section 219(f) for Fiscal Year 2007 (WRDA Authorization); and WHEREAS, in order to be eligible for appropriation of the WRDA authorization, a work plan (Work Plan) must be prepared and submitted to the United States Army Corps of Engineers (Corps) that identifies the projects proposed to be funded through the WRDA appropriation and that identifies the estimated costs of such projects; and WHEREAS, the CITIES in conjunction with DISTRICT, have prepared a Work Plan, attached as Exhibit A, for submittal to the Corps in connection with the WRDA authorization. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties, it is hereby agreed as follows: A. PRIORITY OF PROJECTS TO BE FUNDED THROUGH THE WRDA AUTHORIZATION Funds appropriated pursuant to the WRDA Authorization shall be allocated to the projects as described in the Work Plan, according to the priorities specified therein, subject to the provisions of paragraphs B.1., C.1. and D.1. B. DISTRICT OBLIGATIONS Notwithstanding any other provision of this AGREEMENT, the funding allocations specified in the Work Plan, as to any specific project of the DISTRICT described therein, are contingent upon the approval of that specific project by the DISTRICT. Nothing in this AGREEMENT shall be construed as requiring the DISTRICT to approve or implement any project identified in the Work Plan. 2. Upon the DISTRICT's approval of any specific DISTRICT project identified in the Work Plan, DISTRICT shall contribute funds toward the Local Match for that DISTRICT project funded under the WRDA Authorization, in the amounts specified in the Work Plan. 3. DISTRICT shall cooperate in providing information and documentation to ARCADIA as required to request WRDA appropriation funding. 4. DISTRICT shall indemnify, defend, and hold harmless, CITIES and their respective officers, employees, and agents harmless from and against any claims, demands, liability, damages, costs and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to the (i) any breach of DISTRICT'S obligations under this AGREEMENT, or (ii) the implementation of any project, by DISTRICT, pursuant to this AGREEMENT. C. ARCADIA'S OBLIGATIONS: Notwithstanding any other provision of this AGREEMENT, the funding allocations specified in the Work Plan, with respect to any specific project of ARCADIA described therein, are contingent upon the approval of that specific project by ARCADIA. Nothing in this AGREEMENT shall be construed as requiring ARCADIA to approve or implement any project identified in the Work Plan. 2. ARCADIA shall submit all required forms and documentation, including the Work Plan, to request the appropriation and distribution of funds pursuant to the WRDA authorization on behalf of CITIES and DISTRICT. 3. Upon ARCADIA's approval of any specific ARCADIA project identified in 0 the Work Plan, ARCADIA shall contribute toward the Local Match for that ARCADIA project funded under the WRDA Authorization in the amounts specified in the Work Plan. 4. ARCADIA shall indemnify, defend, and hold harmless, DISTRICT and SIERRA MADRE and their respective officers, employees, and agents from and against any claims, demands, liability, damages, costs and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to (i) any breach of ARCADIA'S obligations under this AGREEMENT, or (ii) the implementation of any project, by ARCADIA, pursuant to this AGREEMENT. 5. ARCADIA shall support DISTRICT in its efforts to cost - effectively maintain the capacity and operability of Santa Anita Dam and Reservoir, Santa Anita Debris Basin, Santa Anita Spreading Grounds, and Santa Anita Creek Diversion Structure, including use of DISTRICT's Santa Anita Sediment Placement Site, including providing assistance with community relations and expediting permit processing. SIERRA MADRE'S OBLIGATIONS Notwithstanding any other provision of this AGREEMENT, the funding allocations specified in the Work Plan, with respect to any specific project of SIERRA MADRE described therein, are contingent upon the approval of that specific project by SIERRA MADRE. Nothing in this AGREEMENT shall be construed as requiring SIERRA MADRE to approve or implement any project identified in the Work Plan. 2. Upon SIERRA MADRE's approval of any specific SIERRA MADRE project identified in the Work Plan, SIERRA MADRE shall contribute toward the Local Match for that SIERRA MADRE project funded under the WRDA Authorization in the amounts specified in the Work Plan. 3. SIERRA MADRE shall indemnify, defend, and hold harmless, DISTRICT and ARCADIA and their respective officers, employees, and agents from and against any claims, demands, liability, damages, costs and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to (i) any breach of SIERRA MADRE'S obligations under this AGREEMENT, or (ii) the implementation of any project, by SIERRA MADRE, pursuant to this AGREEMENT. 4. SIERRA MADRE shall support DISTRICT in its efforts to cost - effectively maintain the capacity and operability of Santa Anita Dam and Reservoir, Santa Anita Debris Basin, Santa Anita Spreading Grounds, and Santa Anita Creek Diversion Structure, including use of DISTRICT'S Santa Anita Sediment Placement Site, including providing assistance with community relations and expediting permit processing. E. PROGRAM COMMITTEE The CITIES and the DISTRICT shall form a Program Committee, which shall be comprised of the Public Works Services Director of ARCADIA, the Director of Public Works of SIERRA MADRE and Director of Public Works of the Los Angeles County Department of Public Works, or their respective designated alternates. 2. The purpose of the Program Committee shall be to periodically review the Work Plan and funding priorities provided for in the Work Plan and determine whether any revisions are necessary or appropriate and, if so, to develop recommendations to revise the priority of projects or the Work Plan, to be proposed to the CITIES and the DISTRICT for approval. 3. Each party's representative on the Program Committee shall be authorized to approve modifications to the Work Plan involving the revision of the funding priorities specified in the Work Plan, minor changes in project scope and alterations in the proposed project budget of up to 10 percent. All other proposed modifications to the Work Plan shall be approved by each party's respective governing body. F. TERMINATION Notwithstanding any other provision of this AGREEMENT, any party may withdraw from this AGREEMENT at any time prior to receiving any funds pursuant to the WRDA Authorization or at any time prior to commencing the first project of that party as identified in Exhibit A, by giving written notice of the withdrawal to every other party. In the event that a party withdraws from this AGREEMENT pursuant to this paragraph, the AGREEMENT shall terminate as to that party as of the date of that party's notice of withdrawal, and the withdrawing party shall have no further obligations or liability to the other parties in connection with this AGREEMENT. G. This AGREEMENT shall be effective on the date it has been executed by all parties. w IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF ARCADIA CITY OF SIERRA MADRE Don Penman City Manager Date -)-7/09 APPROVED AS TO FORM: Steve beitsch City Attorney LOS ANGELES COUNTY FLO D CONTROL DISTRICT Gail Farber Director of Public Works Date I " N. 0'� APPROVED AS TO FORM: ROBERT E. KALUNIAN County Counsel Deputy ACL: ERB Coop Agrmt Draft Final.doc 12/15/08 Elai Aguilar(__ i y Manager Date / 01 APPROVED AS TO FORM: +I J��, & L'�� avda Levin ey E€ r...ne ..i Cnnrnaar� Sarfinn 914f Prnnram . FV 90nR AiAhnri7afinn --- --- --. ..------------- -- - -- Pro ram & Project Descri tions 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Totals Program Improvements Summary Responsible Agencies Priority Ranking A Santa Anita Debris Basin Rehabilitation (Full) Alternative 10 LACPW / Arcadia / Sierra Madre 1 700 425 10,000 11,125 B Santa Anita Creek Diversion Structure Rehabilitation LACPW / Sierra Madre 2 366 1,122 1,488 C Sierra Madre Creek Diversion Stricture Rehabilitation Sierra Madre 3 85 85 D Santa Anita Spreading Grounds Rehabilitation LACPW / Arcadia 4 100 799 899 E SMSG Diversion Pipeline Inspection & Rehabilitation Sierra Madre 5 15 196 412 623 F Santa Anita Spreading Grounds Booster Pump Station Improvements Sierra Madre 6 1,000 1,000 G Sierra Madre Spreading Grounds Rehabilitation Sierra Madre 7 88 1,166 1,254 H Santa Anita Dam Rehabilitation (Partial) Alternative 10 LACPW / Arcadia I Sierra Madre 8 1 400 1,000 402 1,802 1 Extraction Well - Arcadia Arcadia 9 1,735 1,735 J Extraction Well - Sierra Madre Sierra Madre 10 1,435 1 1,435 K Water System Reliability Projects - Sierra Madre Sierra Madre 11 133 333 333 333 1,133 L Water & Recycled Water System Reliability Projects - Arcadia Arcadia 12 133 552 552 552 1,059 1,241 4,089 Prepared: 9 February 2009 Total Project Costs $ In Thosands 1,532 3,231 10,973 5,381 3,906 1,643 26,666 Projected Federal Cost Share (WRDA219f Program) Total Local Sponsor Obligation (Arcadia Lead Agency with Corps)A 1,149 383 2,423 808 8,230 2,743 4,036 1,345 2,930 977 1,232 411 20,000 6,667 Note: A, For Proejcted Cost Share Breakdown by Agency - See Table 1 Attached Coop Agreement Exhibit_A_Verison_4_031309 1 4/17/2009 ........... .... . ... . ... -.01446i $384 $808 $2,743 $1,346 $977 $411 "X . . . . . . . . City of Arcadia ity of Sierra Madre rcity. LA County Public Works $83 $125 $175 $215 $180 $413 $763 $730 $1,250 $597 $699 $50 $327 $524 $125 $335 $25 $50 $2,320 $2,283 $2,063 34.8% 34.2% 31.0%,j Dollars are indicated In 1000's 311612009