HomeMy WebLinkAboutItem 10b - Clean Water Program Transfer AgreementsResolution No. 7600 amending Resolution No. 7325
October 15, 2024
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DATE: October 15, 2024
TO: Honorable Mayor and City Council
FROM: Paul Cranmer, Public Works Services Director
By: Briget Arndell, Environmental Services Manager
SUBJECT: RESOLUTION NO. 7600 AMENDING RESOLUTION NO. 7325,
APPROVING CERTAIN TRANSFER AGREEMENTS BETWEEN THE
CITY OF ARCADIA AND THE LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT FOR THE SAFE, CLEAN WATER PROGRAM –
MUNICIPAL PROGRAM
CEQA: Not a Project
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 has provided
dedicated local funding to improve water quality, increase water supply, and provide
community enhancements throughout Los Angeles County. The SCW Program was
estimated to generate up to $285 million annually in Parcel Tax revenues, with the City
of Arcadia receiving approximately $1,030,000 annually to fund the implementation,
operations and maintenance, and administration of eligible projects and programs to
comply with stormwater regulations.
On August 4, 2020, the City Council adopted Resolution No. 7325 authorizing the City
Manager to enter into Transfer Agreements with the Los Angeles County Flood Control
District (“District”) for the SCW Program – Municipal Program and Regional Program. The
Transfer Agreements for the Municipal Program are valid for four-year terms and are now
expiring. The Regional Program Transfer Agreements require a different set of terms due
to the joint nature of stormwater projects; they are project specific and are handled
through an annual reporting process. While no action is currently required for the Regional
Program Transfer Agreements, the City must update the Municipal Program Transfer
Agreements to continue receiving SCW/Measure W funds.
It is recommended that the City Council adopt Resolution No. 7600 amending Resolution
No. 7325, approving certain Transfer Agreements between the City of Arcadia and the
District for the SCW Program – Municipal Program.
Resolution No. 7600 amending Resolution No. 7325
October 15, 2024
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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, in October 2017,
Assembly Bill 1180 (Holden) was signed into law. This law amended the Los Angeles
County Flood Control Act and authorized the District to levy a tax to pay the 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 noticing 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 District. The Parcel Tax revenue would be allocated based
on the following formula:
• 10% to the County to fund Countywide education programs, Countywide projects,
and administration of the program.
• 40% to municipalities to fund the implementation, operations and maintenance,
and administration of eligible projects and programs (Municipal Programs).
• 50% 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 (Regional Programs).
On November 6, 2018, the SCW Program was passed by voters. Since 2018, the SCW
Program has generated over $670 million to provide dedicated local funding to improve
water quality, increase water supply, and provide community enhancements throughout
LA County. The City of Arcadia has received 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
On August 4, 2020, the City Council adopted Resolution No. 7325 authorizing the City
Manager to enter into Transfer Agreements between the City of Arcadia and the District
for the SCW Program – Municipal Program and Regional Program.
The Transfer Agreements under the Municipal Program expire every four years, and
funds received are to be used for implementation, operations and maintenance, and
administration of eligible stormwater projects and programs at the municipal level, during
each four-year period. Per the 2020 Municipal Program's Transfer Agreement, Section
VI: "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." Thus, determining the need to amend Resolution No.
7325 approving certain Transfer Agreements between the City of Arcadia and the District
for the SCW Program – Municipal Program with revised dates and items.
Resolution No. 7600 amending Resolution No. 7325
October 15, 2024
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On August 26, 2024, the new Transfer Agreement was finalized and disseminated to
municipalities. Per the 2024 Municipal Program’s Transfer Agreement, Section VI: “This
Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter
enter into a new agreement based on the most recent standard template agreement
approved by the Board.” Thus, determining an amendment will need to take place in 2028.
To continue receiving the funds from the SCW Municipal Program, the City of Arcadia
must enter into new Transfer Agreements with the District. The new dates and items in
the Transfer Agreements include the following changes:
• New term dates: FY 2024-25, FY 2025-26, FY 2026-27, and FY 2027-28.
• New language about recording a covenant with the County Clerk to not sell or
convey the property without consent of the District. For example:
o 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 Clerk containing a covenant
not to sell or otherwise convey the real property without the prior
express written consent of the District, which consent shall not be
unreasonably withheld.
• The increase to the maximum time extension allowed for lapsed funds, from 6
months to 1 year.
• New Annual Expenditure Report requirements to report on expenditures providing
benefits to Disadvantaged Communities.
• New Annual Expenditure Report requirements to document community outreach
and engagement utilized for and/or achieved with the SCW Program Payment.
Transfer Agreements under Regional Programs do not expire like the Transfer
Agreements under the Municipal Programs; rather, they require all parties involved in
Board-approved “funded activities” to enter into an addendum to the Transfer Agreement.
The ongoing Agreements are subject to each of the funded activities continued inclusion
in the Board-approved Stormwater Investment Plans for subsequent fiscal years, and
routine reports to reflect progress and satisfaction of all Agreement provisions.
For these reasons, it is recommended that City Council adopt Resolution No. 7600
amending Resolution No. 7325, approving certain transfer agreements between the City
of Arcadia and the District for the SCW Program – Municipal Program.
ENVIRONMENTAL ANALYSIS
The proposed action of amending the Transfer Agreements listed in the resolution does
not constitute a project under the California Environmental Quality Act (“CEQA”) under
Resolution No. 7600 amending Resolution No. 7325
October 15, 2024
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Section 15061(b)(3) of the CEQA Guidelines, as it can be determined with certainty that
it will have no impact on the environment. Environmental analysis will occur, as
appropriate, for any projects made possible by the Los Angeles County Flood Control
District under the Safe, Clean Water Program – Municipal Program.
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 that the City Council determine that this action does not constitute a
project under the California Environmental Quality Act (“CEQA”); and adopt Resolution
No. 7600 amending Resolution No. 7325, approving certain Transfer Agreements
between the City of Arcadia and the Los Angeles County Flood Control District for the
Safe, Clean Water Program – Municipal Program.
Attachments: Resolution No. 7600
Transfer Agreement Template - Municipal Program
Transfer Agreement Template - Regional Program
Municipal Program
Agreement No. __
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TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND THE CITY OF ARCADIA
AGREEMENT NO. __
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of
August 26, 2024 by and between the Los Angeles County Flood Control District,
hereinafter referred to as "District," and the City of Arcadia, 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:
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“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:
(Program Manager)
Name: Paul Cranmer
Address: Address: 240 W. Huntington Dr Arcadia, CA
Phone: Phone: 626-254-2720
Email: Email: pcranmer@arcadiaca.gov
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
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IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan.
The Annual Plan 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. SCW Program Payments will generally be available for disbursement by
December 31, provided a duly executed transfer agreement is in effect and subject
to the Municipality's compliance with the conditions described in paragraph B,
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.
B. 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.
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.
VI. Term of Agreement
This Agreement shall expire at the end of the 2027-28 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
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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
(nonfacsimile/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
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CITY OF ARCADIA
ATTEST:
Michael
City Attorney By: ____________________________________
Name: Dominic Lazaretto
Title: City Manager
Date: __________________________________
LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT:
By: ____________________________________
Name:
Title:
Date: __________________________________
Municipal Program
Agreement No. __
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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.
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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 incorporates 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.
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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
Clerk containing a covenant not to sell or otherwise convey the real 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. Due date example below:
Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028
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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
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 limited 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 expenditures 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.
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B-11. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and
subcontractors to comply with all applicable local, state and federal laws, rules,
guidelines, regulations, and requirements.
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 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 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 completed in accordance with
submitted final plans and specifications and any modifications thereto and in
accordance with this Agreement.
B-15. Force Majeure.
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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.
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 expenditures
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 Control 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 of 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.
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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.
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 (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, 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. Example below:
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
Municipal Program
Agreement No. __
Page 13 of 23
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.
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 as directed by the
District.
Municipal Program
Agreement No. __
Page 14 of 23
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.
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.
Municipal Program
Agreement No. __
Page 15 of 23
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 as 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.
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
Municipal Program
Agreement No. __
Page 16 of 23
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, including
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
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
Municipal Program
Agreement No. __
Page 17 of 23
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
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 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 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
BEST
BETTER
GOOD
Municipal Program
Agreement No. __
Page 19 of 23
with the good, better, or best column indicated for each method, to facilitate District
tracking of methods being utilized.
METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of
climateappropriate, eco-
friendly vegetation
(groundcover, shrubs,
and trees) / green space
5%-15% covered by new
climate-appropriate
vegetation
Use of native,
climateappropriate, 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
wellconnected and
selfsustained 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
Municipal Program
Agreement No. __
Page 20 of 23
Creation &
Restoration of
Riparian Habitat &
Wetlands
Partial restoration of
existing riparian habitat
and wetlands Planting
of climate appropriate
vegetation - between
11 and 20 different
climateappropriate 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
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
climateappropriate
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, vinetype 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 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
Municipal Program
Agreement No. __
Page 22 of 23
• 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. 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.
Municipal Program
Agreement No. __
Page 23 of 23
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
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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;
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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