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MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND THE CITY OF ARCADIA
REGARDING THE ADMINISTRATION AND COST SHARING TO UNDERTAKE
SCIENTIFIC STUDIES TO DEVELOP SITE SPECIFIC OBJECTIVES (SSO)
APPLICABLE TO THE LOS ANGELES RIVER AND TRIBUTARIES METALS
TM�L
This Memorandum of Agreement ( "Agreement ") is made and entered into
aE, of the date of the last signature set forth below by and between the Gateway
Cities Council of Governments, a California joint powers authority
and the City of Arcadia, a California municipal corporation ( "City "); (hereinafter
"Part
y" or "Parties ") with respect to the following:
RECITALS
WHEREAS, the mission of the GGCOG includes environmental planning
and providing technically sound analyses to its member cities and agencies; and
WHEREAS, fifteen of the GCCOG's member cities are located within the
Los Angeles River watershed, and the GC--COG has previously entered into
interagency agreements, with these and other cities, the California Department of
Transportation ( "Caltrans ") and the County of Los Angeles to undertake projects
and studies of regional significance, including the Los Angeles River and
Tributaries Metals Total Maximum daily Load ( "Los Angeles River Metals TM�L"
or "TM�L ") Coordinated Monitoring Plan; and
WHEREAS, the Regional Water Quality Control Board, Los Angeles
Region ( "Regional Board ") adopted the TMIDL in September of 2007, with the
intent of improving water quality in the Los Angeles River and its tributaries; and
WHEREAS, the Parties recognize that the TM�L is not self - enforcing, but
could become enforceable by incorporation into National Pollutant Discharge
Elimination System (NPIDES) Permits such as those regulating Waste Discharge
Requirements for Municipal Storm Water and Urban Runoff Discharges within
the County of Los Angeles, and the incorporated cities therein; and
WHEREAS, this TM[DL constrains runoff discharges from construction
sites, industrial facilities, forty Cities, Caltrans, the County of Los Angeles, and
other permittees, requiring cooperation among the Participating Agencies, as set
forth in Exhibit "C" hereto; and
WHEREAS, a Los Angeles River Watershed Management Committee,
required by the Municipal Storm Water NPDES Permit, meets on a regular basis
and is attended by representatives of the Participating Agencies; and
WHEREAS, a TMDL Technical Committee, consisting of representatives
from the Participating Agencies, has been established to understand the TMDL
requirements and plan potential compliance and implementation strategies; and
WHEREAS, a TMDL Steering Committee, consisting of representatives
from the Participating Agencies, has been established to provide administrative
oversight regarding implementation of the TMDL; and
WHEREAS, the Los Angeles Rivers Metals TMDL allows and encourages
Participating Agencies to undertake technical or scientific studies to improve
understanding of the complex interactions of river constituents within the context
of both the urban and natural watershed environments; and
WHEREAS, the City of Los Angeles oversaw completion of a Preliminary
Water- Effects Ratio (WER) study and supported development of the TMDL SSO
work plan dated May 20, 2009 by Larry Walker Associates (LWA), which was
reviewed by Participating Agency and Regional Board representatives; and
WHEREAS, the LWA work plan proposes to undertake Copper Water
Effects Ratio and Lead Recalculation studies, that should provide data to support
development of a Basin Plan Amendment with Site Specific Objectives; and
WHEREAS, the Participating Agencies met on February 25, 2010 to learn
about SSO studies and a majority agreed to support the proposed studies; and
WHEREAS, the Participating Agencies have cooperated in resolving
outstanding questions and developing this Agreement to fund the study; and
WHEREAS, undertaking the TMDL SSO studies requires professional
administrative and fiduciary services that the Participating Agencies desire the
GCCOG to provide, and the GCCOG has agreed to provide such services; and
WHEREAS, a work plan for the Copper Water- Effects Ratio and Lead
Recalculation studies, which are the services to be provided by Larry Walker
Associates, is attached hereto as Exhibit "A ", and Project Management related to
these studies, which will be provided by Flow Sciences, Inc., is attached hereto
as Exhibit "B "; and
WHEREAS, the Participating Agencies have agreed to share in fully
funding the proposed Los Angeles River Metals TMDL Site Specific Objectives
studies, including those costs incurred by the GCCOG in administering this
Agreement, based on the 3 year cost allocations contained in Exhibit "D "; and
2
WHEREAS, the GCCOG will endeavor to execute materially and
substantially similar cost sharing agreements with all of the Participating
Agencies, identified in Exhibit "C" attached hereto, before this Agreement
becomes enforceable, unless stated otherwise elsewhere in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions set forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as
part of this Agreement.
Section 2. Purpose. The purpose of this Agreement is to cooperatively
fund implementation of the proposed TMDL Site Specific Objectives Studies.
Section 3. Cooperation. The Parties shall fully cooperate with one
another to attain the purposes of this Agreement.
Section 4. Voluntary Nature. The Parties voluntarily enter into this
Agreement to support the TMDL Site Specific Objectives studies.
Section 5. Term. This Agreement shall remain and continue in effect until
completion of the TMDL SSO studies and proposed Basin Plan Amendment.
Section 6. Technical Scope of Services. The technical scope of services
for the TMDL Site Specific Objectives studies is set forth in Exhibit "A" hereto and
incorporated into this Agreement by this reference.
Section 7. Project Management Services. The project management
services for the TMDL Site Specific Objectives studies is set forth in Exhibit "B"
hereto and incorporated into this Agreement by this reference.
Section 8. Role of the GCCOG.
a) For an estimated sum of $10,000 per fiscal year for four fiscal
years, the GCCOG shall provide administrative and fiduciary services
related to implementation of the Los Angeles River Metals TMDL SSO
studies. The GCCOG service costs shall include compensation for
staff time, audit expenses, and costs incurred in administrating
agreements.
b) The GCCOG shall enter into substantially and materially similar
agreements with each of the Participating Agencies to effectuate the
purposes of the Agreement.
c) To effectuate the Agreement, based on the services and costs
identified in Exhibits "A" and "B ". the GCCOG shall invoice and collect
payment from the Participating Agencies, based on the SSO studies
cost allocation estimates as set forth in Exhibit "D." Any overpayment
or underpayment shall be credited or billed to the next year's invoice
or, if it occurs during the last year, it shall be reimbursed at Agreement
termination.
d) Following the directions of the Los Angeles River Metals TMDL
Steering Committee, the GCCOG shall contract with LWA and Flow
Science Inc. to prepare the TMDL SSO studies, and then reimburse
the Consultants for their completed services as described in this
Agreement. The contracts shall substantially and materially conform to
the services set forth in Exhibit "A" and "B" to this Agreement.
Section 9. Assessment of Proportional SSO studies Costs. The City of
Arcadia agrees to provide funds to the GCCOG, to effectuate the TMDL SSO
studies, based on the Fiscal Year Invoice Amounts in Exhibit "D ".
Section 10. Invoicing and Payment.
a) Invoicing — In order to begin the SSO studies during the 2010 rain
year, the GCCOG shall invoice the Participating Agencies for the Fiscal
Year 2010 -1 Invoice Amounts shown in Exhibit "D" immediately following
execution of this Agreement. From thereon, invoicing will be done in July
of each Fiscal Year. Participating Agencies shall pay the GCCOG within
sixty (60) days of the invoice date, which is the payment due date.
b) Late Payment Penalty — Any payment that is late shall be subject to
interest from the payment due date. The interest rate shall be equal to the
Prime Rate in effect on the payment due date, plus one percent, for any
payment that is made from 1 to 30 days after the due date. The Prime
Rate in effect on the payment due date, plus five (5) percent, shall apply
for any payment made from 31 to 60 days after the due date. The Prime
Rate in effect on the payment due date, plus ten (10) percent, shall apply
for any payment made more than 60 days after the due date. The rates
shall, nevertheless, not exceed the maximum allowed by law.
c) Delinquent Payments — The payment from a Participating Agency is
considered to be delinquent 180 days after being invoiced by the GCCOG.
The following actions may be implemented to attain delinquent payments
from any Participating Agencies per instruction by the Steering
Committee: 1) verbally contact/meet with the manager from the
Participating Agencies, 2) send a letter of delinquency to the Participating
Agencies from the GCCOG attorney, and 3) formally notify the Regional
Board in writing that the agencies are no longer Participating Agencies. In
any remaining fiscal periods, the Steering Committee would revise
Exhibits "C" and "D" to exclude any such agencies and distribute the
M
delinquent amounts amongst the remaining Participating Agencies based
on the existing cost allocation formula. The Steering Committee shall
provide any revised exhibits to the GCCOG and Participating Agencies.
d) Interest Accrual — Any investment or late payment interest accrued
on funds collected during the term of, and per, this Agreement shall be re-
deposited into the Agreement account and used for its implementation.
The GCCOG shall annually report to the Steering Committee regarding
interest and late payment penalties accrued by the Agreement account(s).
e) Study Payments — Each month, the Consultants may submit
invoices to the Technical Committee for consideration, which may then
recommend the invoice to the Steering Committee for approval and
payment by the GCCOG. The GCCOG shall reimburse the Consultants
for their services in accordance with Exhibits "A" and "B" within ninety (90)
days of receipt of the invoice from the Consultants. The GCCOG shall not
be obligated to remit to the Consultants more than the amount it has
collected from Participating Agencies pursuant to this Agreement, less its
administrative costs. In the event that funds received by the GCCOG are
insufficient to cover the invoiced costs within 90 days of invoice receipt,
but are subsequently received, those subsequent amounts shall be paid to
the Consultants within 30 days of receipt by the GCCOG. The
professional service cost estimates presented in Exhibits "A" and "B" are
subject to change pursuant to a Regional Board requirement or
unforeseen challenges in the field. The Technical Committee shall be
notified by the Consultants of any substantive changes in the actual cost
of the SSO studies, which will be reconciled with the next payment.
Section 11. Independent Contractor.
a) The GCCOG is and shall at all times remain a wholly independent
contractor for performance of the obligations described in this
Agreement. The GCCOG officers, employees and agents performing
such obligations shall at all times be under the GCCOG's exclusive
control. The Participating Agencies shall not have control over the
conduct of the GCCOG or any of its officers, employees or agents,
except as set forth in this Agreement. The GCCOG, and its officers,
employees, or agents are not and shall not be deemed to be
employees of the Participating Agencies.
b) No employee benefits shall be available to the GCCOG in connection
with the performance of its obligations under this Agreement. The
GCCOG is solely responsible for the payment of salaries, wages, other
compensation, employment taxes, worker's compensation, or similar
taxes for its employees for performing obligations hereunder.
5
Section 12. Indemnification. To the fullest extent permitted by law, the
City of Arcadia and the GCCOG agree to save, indemnify, defend, and hold
harmless each other from any and all liability, claims, suits, actions, arbitration
proceedings, administrative proceedings, and regulatory proceedings, losses,
expenses, or any injury or damage of any kind whatsoever, whether actual,
alleged or threatened, attorney fees, court costs, and any other costs of any
nature without restriction incurred in relation to, as a consequence of, or arising
out of, the performance of this Agreement, and attributable to the fault of the
other. Following a determination of the percentage of fault and or liability by
agreement between the Parties or a court of competent jurisdiction, the Party
responsible for liability to the other will indemnify the other Party to this
Agreement for the percentage of liability determined.
Section 13. Agreement Termination. Either Party may terminate this
Agreement for any reason, in whole or part, by giving the other Party thirty (30)
days written notice thereof. The City of Arcadia shall be responsible for the
allocated study costs incurred up to the date of the termination. The GCCOG
shall notify in writing the remaining Participating Agencies within fourteen (14)
days of receiving written notice from the City of Arcadia that it intends to
terminate this Agreement.
Section 14. Miscellaneous.
a) Notices. All notices which any Party is required or desires to give
hereunder shall be in writing and shall be deemed given when
delivered personally or three (3) days after mailing by registered or
certified mail (return receipt requested) to the following address or as
such other addresses as the Parties may from time to time designate
by written notice in the aforesaid manner:
To GCCOG: Mr. Richard Powers
Executive Director
16401 Paramount Blvd.
Paramount, CA 90723
To City of Arcadia: Donald Penman
City Manager
240 W. Huntington Dr.
Arcadia, CA 91066
b) Separate Accounting and Auditing_ The GCCOG agrees to establish a
separate account to track the revenues from the Participating Agencies
and the expenses from the study. Quarterly financial statements and
the annual audit will be made available to all of the Participating
Agencies and the Steering and Technical Committees.
2
c) Binding Effect. This Agreement shall be binding upon and inure to the
benefit of each Party to this Agreement and their respective heirs,
administrators, representatives, successors and assigns.
d) Amendment. The terms and provisions of this Agreement may not be
amended, modified or waived, except by an instrument in writing
signed by the Parties.
e) Waiver. Waiver by any Party to this Agreement of any term, condition,
or covenant of this Agreement shall not constitute a waiver of any other
term, condition, or covenant. Waiver by any Party to any breach of the
provisions of this Agreement shall not constitute a waiver of any other
provision, nor a waiver of any subsequent breach or violation of any
provision of this Agreement.
f) Law to Govern; Venue. This Agreement shall be interpreted,
construed, and governed according to the laws of the State of
California. In the event of litigation between the Parties, venue in the
state trial courts shall lie exclusively in the County of Los Angeles.
g) No Presumption in Drafting. The Parties to this Agreement agree that
the general rule, that an Agreement is to be interpreted against the
Party drafting it or causing it to be prepared, shall not apply.
h) Entire Agreement. This Agreement constitutes the entire agreement of
the Parties with respect to the subject matter hereof and supersedes
all prior or contemporaneous agreements, whether written or oral, with
respect thereto.
i) Severability. If any term, provision, condition or covenant of this
Agreement is declared or determined by any court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and this
Agreement shall be read and constructed without the invalid, void, or
unenforceable provision(s).
j) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which taken
together shall constitute but one and the same instrument, provided,
however, that such counterparts shall have been delivered to both
Parties to this Agreement.
k) Legal Representation. All Parties have been represented by counsel
in the preparation and negotiation of this Agreement. Accordingly, this
Agreement shall be construed according to its fair language.
1) Agency Authorization. Each of the persons signing below on behalf of
a Party represents and warrants that he or she is authorized to sign
this Agreement on behalf of such Party.
7
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed on their behalf, respectively, as follows:
DATE:
ATTEST:
L qC
Cit Clerk
APPROVED ASTO�FORM:
City Attorney
STEPHEN P. DEITSCH
DATE:
ATTEST:
Richard Powers, Sec etary
CITY OF ARCADIA
City Manager
DONALD PENMAN
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
Gil Hurtado President
EXHIBIT "A"
SCOPE OF SERVICES
COPPER WATER - EFFECTS RATIO AND LEAD RECALCULATION STUDY
LOS ANGELES RIVER METALS TMDL
Task 1. Implement Final Work Plan
Task 1.1 Finalize sampling schedule and coordinate toxicity and chemistry
laboratories as well as sampling sub - consultants to review sample
collection and analysis procedures.
Task 1.2 Provide support to Metals TMDL Coordinated Monitoring Program
(CMP) staff for the collection and analysis of dry weather BML
samples in coordination of the CMP events. Conduct analysis of
BLM samples collected during wet weather through Task 1.3. This
task is optional and if the Steering Committee chooses to
implement this aspect of the scope of work, LWA will work with the
CMP members to determine if it is feasible given the current CMP
work load.
Task 1.3 Conduct WER sampling, and coordinate toxicity and chemistry
testing by qualified labs. The cost estimate provided is based on
the comments received to date and the current approach to
addressing the comments. This approach is still under discussion
with the Regional Board and the TAX. The key assumptions made
in the cost estimate are provided in the cost estimate section below.
Task 1.4 Conduct additional toxicity testing and general chemistry analysis
(hardness and Total Suspended Solids) to evaluate potential
effects of the 2009 Station Fire on WER testing in the Arroyo Seco
and Verdugo Wash
Task 1.5 Receive, review and QA/QC WER water quality toxicity testing
data.
Task 1.6 Conduct a meeting with the Stakeholder Committee, to review the
results of sampling data in the midpoint of the sample collection
effort.
Costs - $969,626.00
Task 2 Develop Final Reports
Task 2.1 Develop a Preliminary Draft Lead Recalculation Report and
conduct a conference call with Los Angeles River Metals TMDL
Technical Committee (TC). The draft report will summarize the
date utilized, the analysis conducted, and the results of the
recalculation of the lead criteria as outlined in the Final Work Plan.
Task 2.2 Conduct a conference call with TC designee, Regional Board staff
and TAC to discuss the Preliminary Draft Recalculation Report.
0
Task 2.3 Revise the Preliminary Draft Lead Recalculation based on
comments received by the Regional Board staff, TAC, and a
conference call with the TC.
Task 2.4 Conduct a meeting with the Stakeholder Committee to review the
Draft Recalculation Report.
Task 2.5 Finalize the Lead Recalculation based on comments received by
the Stakeholder Committee and conduct a conference call with TC.
Task 2.6 Develop a WER Calculation Memorandum presenting the WER
data for each sample and propose final WER calculation methods.
The final WER calculation method details how each WER sample
will be determining the final WER. The memorandum is used as
the basis for the approach to calculating the final WERs. Conduct
conference call with the TC.
Task 2.7 Conduct a conference call with TC designee, Regional Board staff
and TAC to discuss the WER Calculation Memorandum.
Task 2.8 Develop a Preliminary Draft WER Report that summarizes the
sampling activities, details the analysis conducted per the Work
Plan, provides the information required by the Interim Guidance,
and presents the resulting final WERs as outlined in the Work Plan.
This report is intended to embody the technical requirements of
developing a SSO based on the Interim Guidance. Conduct a
conference call with TC.
Task 2.9 Conduct a conference call with TC designee, Regional Board staff
and TAC to discuss the Preliminary Draft WER Report.
Task 2.10 Revise the Preliminary Draft WER Report and conduct a
conference call with TC.
Task 2.11 Conduct a meeting with the Stakeholder Committee to review the
Draft WER Report.
Task 2.12 Finalize the Draft WER Report based on comments received by the
Stakeholder Committee and conduct a conference call with the TC.
Task 2.13 Conduct a meeting (in person or via conference call) with the TC
designee, Regional Board, and TAC (via conference call) to finalize
the WER report.
Task 2.14 Develop Implementation Report that summarizes additional
analysis conducted to support the implementation of the SSO's as
outlined in the Final Work Plan. This report is intended to embody
the policy based requirements of implementing SSOs based on the
results of conducting a WER Study and Lead Recalculation.
Conduct a conference call with TC.
Task 2.15 Conduct a meeting with the Stakeholder Committee to review the
Draft Implementation Report.
Task 2.16 Finalize the Draft Implementation Report based on comments
received by the Stakeholder Committee and conduct a conference
call with the TC.
10
Task 2.17 Provide support to the Regional Board staff during the State Board
peer review process. It is unclear the extent to which the Regional
Board would require support, as such a rough estimate is provided.
Cost - $391,855.00
Task 3 Develop and Support WER Basin Plan Amendment
Task 3.1 Prepare a Draft Basin Plan Amendment (BPA) and environmental
review for Regional Board consideration and comment for
appropriately adjusting water quality objectives for metals of
concern in the reaches /tributaries of concern. Conduct a
conference call with TC.
Task 3.2 Revise Draft BPA and submit to Regional Board for 45 -day posting.
Task 3.3 Develop comments on the tentative BPA, if necessary.
Task 3.4 Prepare response to 45 -day posting comments, revise Draft BPA, if
necessary, and submit to Regional Board for adoption hearing.
Task 3.5 Attend Regional Board adoption hearing(s).
Task 3.6 Prepare the administrative record for the State Board hearing.
Cost - $35,804.00
Task 4 Project Management
Cost - $21,827 (Estimated $7,300 annually)
11
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EXHIBIT "B"
PROJECT MANAGEMENT RELATED TO THE SPECIAL STUDIES
LOS ANGELES RIVER WER AND RECALCULATION STUDY
Task 1 Review of Draft Documents
Based on the draft LWA scope of work for the special studies, a
number of documents will require review as follows:
• Sampling schedule and plan
• WER final work plan (after incorporation of Regional Board
and TAC edits)
• Lead recalculation report (preliminary draft, revised draft and
final report)
• WER calculation memorandum proposing final WER edits
• WER report (preliminary, draft, revised draft and final report)
• Basin Plan Amendment (draft and final)
• Administrative record (following study completion and
adoption of Basin Plan Amendment)
Cost — The total budget for document review is estimated at
$32,835 (current year dollars)
Task 2 Participation in meetings and conference calls
A number of conference calls and meetings have been identified in
the draft LWA scope of work, as follows:
• Meeting to discuss Regional Board and TAX comments on
the draft work plan
• Midpoint meeting with Stakeholder Committee to review
sampling results
• Three (3) conference calls and one (1) meeting related to the
lead recalculation report
• Two (2) conference calls related to the WER calculation
memorandum
• Four (4) conference calls and two (2) meetings associated
with the WER report
• Two (2) conference calls and three (3) meetings associated
with the implementation report
• Two (2) conference calls associated with the Basin Plan
Amendment
• One (1) Regional Board hearing for consideration of the
Basin Plan Amendment
Cost — The cost estimate for this work is $35,630 (current year
dollars)
13
Task 3 Project management and coordination
This special study is estimated to involve four (4) hours of project
management and coordination with the Steering and Technical
Committees per month, and that the total duration will be three
years (36) months.
Cost - $32,960 (current years dollars)
Fiscal Year Budget Estimates (with 5% annual cost escalation)
FY2010 -2011 - $30,300
FY2011 -2012 - $31,900
FY2012 -2013 - $44,750
Total $107,000
14
EXHIBIT "C"
PARTICIPATING AGENCIES
LOS ANGELES RIVER METALS TMDL
SPECIAL STUDIES
1)
City of Arcadia
2)
City of Bell
3)
City of Bell Gardens
4)
City of Bradbury
5)
City of Burbank
6)
Caltrans
7)
City of Carson
8) City of Commerce
9) City of Compton
10) City of Downey
11) City of Duarte
12) City of El Monte
13) City of Glendale
14) City of Hidden Hills
15) City of Huntington Park
16) City of Irwindale
17) City of La Canada Flintridge
18) City of Long Beach
19) City of Los Angeles
15
20) City of Lynwood
21) City of Maywood
22) City of Monrovia
23) City of Montebello
24) City of Monterey Park
25) City of Paramount
26) City of Pasadena
27) City of Pico Rivera
28) City of Rosemead
29) City of San Fernando
30) City of San Gabriel
31) City of San Marino
32) City of Sierra Madre
33) City of Signal Hill
34) City of South El Monte
35) City of South Gate
36) City of South Pasadena
37) City of Vernon
38) LA County Unincorporated
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S
AMENDMENT NUMBER ONE
TO THE
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
CITY OF ARCADIA
REGARDING THE ADMINISTRATION AND COST SHARING OF THE
COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
This Amendment Number One ( "Amendment ") is made this IL day of , 20_JL�- by
and between the Gateway Cities Council of Governments, a California joint powers authority
( "GCCOG "), and the City of Arcadia, a California municipal corporation ( "City ") (hereinafter
"Party" or "Parties ") with respect to the following:
RECITALS
WHEREAS, the GCCOG and the City entered into a Memorandum of Agreement
regarding the administration and cost sharing of the Coordinated Monitoring Plan for the Los
Angeles River and Tributaries Metals TMDL ( "Agreement "); and
WHEREAS, the Agreement expired on June 30, 2012; and
WHEREAS, the Coordinated Monitoring Plan Technical Committee has recommended
an extension of the Agreement for one year, and
WHEREAS, the Los Angeles River TMDL Steering Committee has also recommended
an extension of the Agreement for one year; and
WHEREAS, Section 15(d) of the Agreement provides that the Agreement may be
amended by an instrument in writing signed by the Parties.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the Parties do hereby agree as follows:
Section 1. The term of the Agreement is hereby extended through June 30, 2013.
Section 2. The scope of work to be performed by the City of Los Angeles pursuant to the
Agreement during the extended term under this Amendment is set forth in the revised Exhibit
"B" attached hereto.
Section 3. The cost allocation for the scope of work in the revised Exhibit B is set forth in
the revised Exhibit "C" attached hereto.
Section 4. Except as modified or changed herein, all other provisions and terms of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed on their behalf, respectively, as follows:
DATE--Y, t o1 �t3
ATTEST:
WM
rt Y lerk
APPROVED AS TO FORM:
n6
City Attorney
Stephen P. Deitsch
DATE: 2- -1615
ATTEST:
(f
Richard Powers, Secretary
CITY
City Official
Dominic I.azzaretto
City Manager
GATEWAY CITIES COUNCIL OF
GOV NTS
Gene Daniels, President
Los Angeles River Metals TMDL Coordinated Monitoring Plan
Sample
Annual cost
Estimated Annual Cost of Monitoring (FY 2012 -2013)
Prepared by City of Los Angeles - Watershed Protection Division
No. Sampling Lper tal Cost Events per
Field Work: TIER-1
$ 365.00 $
48,180.00
Sites Cost per Site
p Month Year
DRY weather sample collection (grab)
Annual cost
13 $ 200.00 $ 2,600.00 6
WET weather sample collection (auto)
$
15,600.00
5 $ 600.00
Autosampler &Flow Meter Maintenance
$
18000.00
5
Subtotal - $ 1,200.00 12
$
14,400.00
Field Work: TIER -Ila
$
48,000.00
Tier II: Dry Weather Sampling
p g (grab) 1 $ 200.00
Annual cost
$ 200.00 6
Tier II: Wet Weather Sampling (grab)
$
1,200.00
3 $ 600.00 $ 1,800.00 6
Subtotal
$
10,800.00
Cellular Service Charges (telemetry system)d
$
12,000.00
TIER -I (per yr)
Sample
Annual cost
EPA 200.8: Total /Dissolved Cu, Pb, Zn, Se, Cd,• EPA 200.7. Hardness.
Includes field Blanks and field Duplicates (QAIQC)
TIER-11" 132
$ 365.00 $
48,180.00
EPA 200.8: Total /Dissolved Cu, Pb, Zn, Se, Cd; EPA 200.7: Hardness
Subtotal 24
$ 365.00 $
8,760.00
$
56,940.00
Equipment & Supplies
Filtration Supplies (for Dissolved metals)
Autosampler & Flow Meter Servicing and /or Replacement Partsb
ISCO Cellular Modems (new equipment to replace outdated modems; one -time cost)`
=Annua
Miscellaneous Consumables
Cellular Service Charges (telemetry system)d
Subtotal
$
30,060.00
rogram Management (Data analysis & Management, Reporting, Supervision, and Coordination )
TIER -1
Annual
Cost
TIER -11
$
40,000.00
Subtotal
$
10,000.00
$
50,000.00
ital Annual Coste, r
$
197.000.00 I
Footnotes:
a If Tier -II activation criteria reset at the beginning of the annual reporting cycle, fewer sampling events will be required.
b This amount is to cover costs to repair /replace sensors, pumps, and other accessories in the event that damage occurs.
Modems currently use analog cell service. Verizon will be dropping this service in the near future; upgraded modems are necessary for
telemetry system to remain operational.
d If modems are upgraded to the digital platform, the cellular service charges will decrease to $600 /year.
e This cost estimate does NOT include TIER -III Source Tracking (per guidance from the Technical Committee).
f The Scope -of -Work for the Coordinated Monitoring Plan may be affected by issuance of the new MS4 Stormwater permit. If this occurs,
this cost estimate will need to be revised.
CMP extension Exhibt a .xis
EXHIBIT C
Area in Square Base Rate
Allocation on
Total Rate
Alhambra
Miles Distribution ($)
Square Miles ($)
($)
Arcadia
7.6 0.012258262 1075.00
2,082.07 3,157.07
Bell
10.93 0.017629317 1075.00
2'994.34 4,069.34
Bell Gardens
2.74 0.004419426 1075.00
750.64 1,825.64
Bradbury
2.48 0.004000065 1075.00
679.41
1,754.41
Burbank
1.4 0.002258101 1075.00
383.54
1,458.54
Caltrans
17.35 0.027984322 1075.00
4,753.14
5,828.14
Calabasas
11.24 0.018129325 1075.00
3,079.27
4,154.27
Carson
5.58 0.009000145 1075.00
1528.67
2,603.67
Commerce
0.88 0.001419378 1075.00
241.08
1,316.08
Compton
6.56 0.010580816 1075.00
1'797.15
2,872.15
Cudahy
8.6 0.013871191 1075.00
2,356.02
3,431.02
Downey
1.12 0.001806481 1075.00
306.83
1,381.83
Duarte
5.66 0.009129180 1075.00
1,550.59
2,625.59
El Monte
2.3 0.003709737 1075.00
630.10
1,705.10
Glendale
6.97 0.011242117 1075.00
1,909.47
2,984.47
H idden Hills
30.62 0.049387893 1075.00
8,388.53
9,463.53
Huntington Park
1.57 0.002532299 1075.00
430.11
1,505.11
I rwindale
3.03 0.004887176 1075.00
830.09
1,905.09
La Canada Flintridge
1.89 0.003048436 1075.00
517.78
1,592.78
Long Beach
8.57 0.013822804 1075.00
2,347.80
3,422.80
City of Los Angeles
16.66 0.026871401 1075.00
4,564.11
5,639.11
Lynwood
281.44 0.453942806 1075.00
77,102.19
78,177.19
Maywood
4.85 0.007822707 1075.00
1,328.69
2,403.69
Monrovia
1.18 0.001903257 1075.00
323.27
1,398.27
Montebello
10.34 0.016677688 1075.00
2,832.71
3,907.71
Monterey Park
8.36 0.013484088 1075.00
2,290.27
3,365.27
Paramount
7.66 0.012355038 1075.00
2,098.50
3,173.50
P asadena
4.34 0.007000113 1075.00
1,188.97
2,263.97
Pico Rivera
22.7 0.036613494 1075.00
6,218.80
7,293.80
Rosemead
3.12 0.005032339 1075.00
854.74
1,929.74
San Fernando
5.14 0.008290456 1075.00
1,408.13
2,483.13
San Gabriel
2.41 0.003887159 1075.00
660.23
1,735.23
San Marino
4.12 0.006645268 1075.00
1,128.70
2,203.70
Sierra Madre
3.76 0.006064614 1075.00
1,030.07
2,105.07
Signal Hill
2.99 0.004822658 1075.00
819.13
1,894.13
South El Monte
1.13 0.001822610 1075.00
309.57
1,384.57
South Gate
2.09 0.003371022 1075.00
572.57
1,647.57
South Pasadena
7.48 0.012064711 1075.00
2,049.19
3,124.19
Temple City
3.43 0.005532347 1075.00
939.67
2,014.67
Vernon
4.01 0.006467846 1075.00
1,098.56
2,173.56
Unincorporated LA County Areas
5.08 0.008193681 1075.00
1,391.70 2,466.70
Total
80.61 0.130018226 1075.00
22,083.60 23,158.60
619.99 1 45,150.00
169,85o.00 215.000.00