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HomeMy WebLinkAbout2017-11-28 - AGENDA REPORTS - MOU LACO FLOOD CONTROL DISTRICT PROP 1 - UPPER SAN (2)7�l Agenda Item: 8 CITY OF SANTA CLARITA Q:° AGENDA REPORT CONSENT CALENDAR 7, CITY MANAGER APPROVAL: fAl DATE: November 28, 2017 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND ADDITIONAL PARTIES TO IMPLEMENT THE PROPOSITION 1 DISADVANTAGED COMMUNITY INVOLVEMENT PLANNING GRANT PROGRAM AND TO ACT AS PROGRAM MANAGER FOR THE UPPER SANTA CLARA RIVER IRWM AREA DEPARTMENT: Neighborhood Services PRESENTER: Darin Seegmiller RECOMMENDED ACTION City Council to authorize the City Manager or designee to execute a Memorandum of Understanding with Los Angeles County Flood Control District (LACFCD) for the implementation of the 2016 Proposition 1 Disadvantaged Community Involvement Program for the Upper Santa Clara River watershed within LACFCD's jurisdictional boundaries, subject to City Attorney approval. BACKGROUND Approved by voters in 2014, Proposition 1 authorizes $7.545 billion in general obligation bonds to fund water quality, supply, and infrastructure projects in California Furthermore, Proposition 1 authorized the appropriation of approximately $51 million for the Disadvantaged Community Involvement Program with the purpose of ensuring involvement of Disadvantaged Communities (DACs) in Integrated Regional Water Management (IWRM) planning efforts. This Memorandum of Understanding (MOU) will require the three IRWM regions (Upper Santa Clara, Greater Los Angeles, and Ventura County) to work collaboratively to improve involvement of DACs in IRWM planning efforts to ensure balanced access and opportunity for participation in the process. This outreach will identify the water management needs of DACs on afunding area basis and develop strategies and long-term solutions that address DACs water management needs. Page 1 PacketPg. 51 If approved, this MOU would establish the City of Santa Clarita (City) as the program manager for outreach efforts in the Upper Santa Clara River IRWM. In exchange, the City will receive up to $147,000 of staff time reimbursement. Additional funds to cover the cost of consultants and expenses related to outreach efforts will not be borne by the City. These additional costs will be paid for directly by the LACFCD. As shown in the attached map, the DACs currently identified in the Upper Santa Clara River IRWM region include areas of Newhall, Valle del Oro neighborhood, Upstream Newhall Creek, Canyon Country near Sierra Highway and Soledad Canyon Road, a neighborhood in Bouquet Canyon and Seco Canyon, Lake Hughes/Munz/Elizabeth, Val Verde, Castaic, Acton, and Agua Dulce. The City will not be responsible for participating in outreach in the areas outside the City of Santa Clarita. The project manager role will involve working with LACFCD as the grant manager, preparing quarterly reports, reviewing invoices, participating in meetings, developing scopes of work, helping hired consultants to connect with community partners, facilitating meeting spaces, providing updates and answering questions. Ventura County will be acting as the project manager for Ventura County IRWM, and LACFCD for the Greater Los Angeles IRWM. Implementation of this program completes a necessary prerequisite to obtain future Proposition 1 grant funding that may be used toward the construction of Structural Best -Management Practices, identified in the City's Enhanced Watershed Management Program. ALTERNATIVE ACTION Other action as determined by City Council. FISCAL IMPACT The City of Santa Clarita will receive up to $147,000 in reimbursement of staff time spent on project management and facilitating work of selected consultants. ATTACHMENTS Upper Santa Clara River DAC Map Upper Santa Clara River DAC Places Map Final Draft DACIP Area MOU Page 2 Packet Pg. 52 AlK J, ,s w� c \2NCHR \ Santa Clara River City of Santa Clarita Boundary /N ®M CnD,, � f W=RY ..:Q wel I d 'R p NEW AL e EVARD C_ e i I 1'L 8.a °iTy Of SANTA CLARITA i Disadvantaged Community Block Group: i Median Household Income _ Severely Disadvantaged Community s Disadvantaged Community ' Layer depicts data from the US Census ACS 2010-2014 showing census block groups identified as as disadvantaged communities (less than 80% of the State's median household income) or severely disadvantaged c;�rau Yesllasslt .G�uwtlWltl¢=lle==Jl�=� Gn ofthe State's median household State's median household inclPacket Pg. 53Pg. 53 l ,t Santa Clara River City of Santa Clarita Boundary N A CnD,p of=rR ... —,(Dw ) J APROJECTSW SV1 IT u VALENC Q) City of SANTA CLARITA Disadvantaged Community Places Median Household Income _ Severely Disadvantaged Community - Disadvantaged Community 0 Layer depicts data from the US Census ACS 2010 2014 i showing census places identified as disadvantaged communities 9 (less than 80% of the State's median household income) or severely disadvantaged communities (less than 60% of the State's median household income). Packet Pg. 54 MEMORANDUM OF UNDERSTANDING [DRAFT] THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "Agreement"), is made and entered into as of November 28, 2017 and is between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (hereinafter referred to as "LACFCD"), CITY OF SANTA CLARITA (hereinafter referred to as "CSC"), County of Ventura (hereinafter referred to as "CV"), and WEST BASIN MUNICIPAL WATER DISTRICT (hereinafter referred to as "WBMWD"). LACFCD, CSC, CV, and WBMWD are hereinafter referred to as "Parties" or, each individually, as "Party" for the implementation of the 2016 Proposition 1 Disadvantaged Community Involvement Program (hereinafter referred to as "DACIP") for the Los Angeles -Ventura Funding Area. The requested grant amount for the DACIP is a minimum of $9,800,000. WITNESSETH WHEREAS, on November 4, 2014, California voters approved Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014. Proposition 1 authorized the appropriation of $510 million in Integrated Regional Water Management (hereinafter referred to as "IRWM") funding for Implementation, Planning, and Disadvantaged Community Involvement efforts to each Funding Area; and WHEREAS, Water Code §79745 requires the California Department of Water Resources (hereinafter referred to as "DWR") to expend not less than 10 percent of the Proposition 1, Chapter 7 funds authorized for the IRWM Grant Program, $51 million, for Funding Areas for the purpose of ensuring involvement of Disadvantaged Communities, economically distressed areas, or underrepresented communities (hereinafter collectively referred to as "DACs") in IRWM planning efforts; and WHEREAS, the DWR issued Proposition 1 IRWM Grant Program Guidelines for the 2016 DACIP Grant Solicitation in July 2016 to establish the process and criteria to solicit a single Funding Area -wide proposal from each of the 12 Proposition 1 Funding Areas, one of which is the Los Angeles -Ventura Funding Area (hereinafter referred to as "Funding Area"), and award Proposition 1 grants under the IRWM Grant Program; and WHEREAS, in 2016, the Funding Area's three IRWM Regional Water Management Groups (hereinafter referred to as "RWMGs"), namely, Greater Los Angeles County (GLAC), Upper Santa Clara River (USCR), and Watersheds Coalition of Ventura County (WCVC), and their participating local entities have designated LACFCD as the representative entity to apply for, accept, and administer Proposition 1 2016 DACIP grant funds on behalf of the Funding Area to fund proposed DACIP activities; and WHEREAS, LACFCD, CSC, and CV have each been designated as the lead agency for its respective Funding Area RWMG to provide program management oversight for the implementation of DACIP engagement and involvement activities to be HOA.101932309.1Pag0 � 1 8.c Packet Pg. 55 funded under Prop 1 within its respective IRWM region; and WHEREAS, eligible grant recipients under the Guidelines are public agencies defined as a City, County, City and County, District, joint powers authority, State agency or Department, or other political subdivision of the State, and nonprofit organization defined as any California corporation organized under Sections 501(c)(3), 501 (c)(4), or 501 (c)(5) of the United States Internal Revenue Code. Other entities that are part of the Funding Area for applying for the grant may perform work funded by the grant; and WHEREAS, on August 25, 2017 DWR indicated that it will award an implementation grant of up to Nine Million, Eight Hundred Thousand ($9,800,000) to the LACFCD on behalf of the Funding Area IRWM RWMGs; and WHEREAS, DWR has indicated that it will enter into an agreement (hereinafter referred to as "Grant Agreement") with LACFCD for the administration of said grant funds for the DACIP within the Funding Area; and WHEREAS, the RWMGs desire that LACFCD execute the Grant Agreement with DWR and perform the role of Grantee therein on behalf of the Funding Area RWMGs so that the Funding Area can receive and benefit from the Proposition 1 grant funds for its DACIP in the amount identified in Exhibit A to the Grant Agreement; and WHEREAS, it is the intention of LACFCD and CSC to retain WBMWD under a separate Agreement to serve as fiscal intermediary of the Prop 1 grant funds for their respective IRWM regions within the Funding Area, including retaining contractors and consultants for implementation of the DACIP. VC will retain under a separate Agreement contractors and consultants for implementation of the DACIP for its IRWM region. LACFCD and CSC will oversee the activities of WBMWD's consultants and subcontractors within their respective IRWM regions and VC will oversee the activities of its consultants and their subcontractors within its respective IRWM region; and WHEREAS, each Party agrees that it shall bear full responsibility and liability for implementation of the DACIP within its respective IRWM region under this Agreement, including but not limited to the Grant Agreement responsibilities allocated to the Parties under this Agreement. The Parties will also provide any documentation and information requested or required under this Agreement with respect to the implementation of the DACIP: and WHEREAS, the Parties desire to enter into this Agreement to clarify their respective roles and responsibilities with respect to the anticipated grant from DWR and the Parties' responsibilities pursuant to the Grant Agreement; specifically, the Parties intend that LACFCD's role will be to administer the grant funding and submit documentation required under the Grant Agreement to DWR on behalf of the RWMGs, for which LACFCD will be reimbursed pursuant to this Agreement. Each Party will be responsible for all other activities required under the Grant Agreement related to the DACIP within its respective IRWM region jurisdiction, including but not limited to construction, monitoring, Program management, contracting for services, fiscal HOA.101932309.1Pag0 � 2 8.c Packet Pg. 56 management, and legal compliance; and WHEREAS, the Parties anticipate the Funding Area will be awarded a grant of $9.8 million dollars minus administration costs. This amount reflects a 7.5 percent reduction in the requested grant amount to cover LACFCD's costs for grant administration and program management (3.5 percent), for WBMWD's contracting and fiscal management (1.0 percent), for VC's program management costs (1.5 percent), for CSC's program management costs (1.5 percent), and $216,000 for preparing the application, which are reflected in Exhibit A of the Grant Agreement. The Parties intend by this Agreement to establish that LACFCD will seek reimbursement of its 3.5 percent, WBMWD of its 1.0 percent, VC of its 1.5 percent, and CSC of its 1.5 percent. NOW, THEREFORE, in consideration of the covenants and mutual undertakings set forth herein, the Parties hereby agree as follows: SECTION (1) LACFCD'S RESPONSIBILITIES LACFCD AGREES TO, for as long as the Grant Agreement remains in effect: (1) Provide staff to oversee grant administration, and manage grant funds, and provide program oversight as related to the grant. (2) Provide staff to manage the program within the GLAC IRWM region, including for work performed by the WBMWD contractors and subcontractors as related to the grant. (3) Coordinate with the other Parties' program managers regarding issues related to DACIP activities within their respective IRWM regions. (4) Establish an independent account to manage the grant funds for the DACIP and provide regular updates to the Parties of balance and activities of the DACIP account. (5) Request from the Parties and submit to DWR reports and information for the DACIP as required under the Grant Agreement. (6) Execute amendments to the Grant Agreement on behalf of the Funding Area upon written approval by the other Parties. (7) Process grant reimbursement requests submitted by the Parties, including, submission of such requests to DWR and, only upon receipt of funds from DWR related to the invoices submitted, provide reimbursement to said Parties within forty-five (45) days of receipt by LACFCD of funds from DWR. (8) Submit grant reimbursement request(s) to DWR, for a total amount not to exceed $949,000 for Parties' grant proposal development, grant administrative costs, and program management oversight efforts with respect to the DACIP grant, as authorized by DWR. HOA.101932309.1Pag0 � 3 8.c Packet Pg. 57 (9) For the areas of the Upper Santa Clara River watershed within LACFCD's jurisdictional boundaries, provide funding to contractors for DACIP grant tasks specific to the Upper Santa Clara River IRWM region within said boundaries. [69x0Ito] ►rf�aL.11r:1:1:aWGA:419=11MMaelkillD]II19 M9 CSC, VC, AND WBMWD EACH AGREE TO: (1) Retain responsibility for all aspects of the DACIP as identified in the Grant Agreement and any approved amendments within its respective IRWM region, including but not limited to: review of permits required for project development; design; construction; CEQA and NEPA compliance; project oversight; monitoring; payment of invoices; provision of reports, notifications and notices; compliance with all legal requirements related to the DACIP such as lead agency responsibilities as specified in the Grant Agreement and any approved amendments, and all other applicable local, State and Federal statutes and regulations related to the DACIP for the lifetime of the DACIP notwithstanding any early termination of this Agreement. (2) Carry out the DACIP pursuant to the proposal as identified in Exhibit A to the Grant Agreement. Parties agree to notify LACFCD and receive LACFCD's written approval as well as that of DWR in advance of implementing any proposed changes to DACIP, including proposed future changes to the Activity Descriptions in the DACIP proposal. (3) On behalf of all entities within its respective IRWM region, comply with all terms, provisions and commitments contained in the Grant Agreement, including all exhibits and attachments thereto, applicable to the Parties or to LACFCD as Grantee or to representatives of Grantee under the Grant Agreement, whether or not herein specifically referenced, (with the exception of responsibilities identified in Section (1) above which are solely responsibilities of LACFCD) for the lifetime of the DACIP within its respective IRWM region. The Parties agree that responsibilities of the Grantee, representatives of Grantee, or activities for which LACFCD (as Grantee) and Parties may be listed as jointly responsible under the Grant Agreement, shall remain the sole responsibility of the Parties within its respective IRWM region, with the exception of activities herein listed as LACFCD'S RESPONSIBILITIES. (4) Submit not more than one reimbursement request per quarter to LACFCD, in the format specified by LACFCD, executed by an authorized individual who is knowledgeable of the underlying activities and certifies and warrants the accuracy of the information contained in the reimbursement request. (5) Allow LACFCD to be reimbursed by DWR in an amount not to exceed $341,000, representing 3.5 percent of requested grant amount for grant administrative HOA.101932309.1Pag0 � 4 8.c Packet Pg. 58 costs, management, and DACIP oversight efforts with respect to the all Funding Area IRWMs, and program management and oversight efforts with respect to the GLAC IRWM region, which has been subtracted from the requested grant amount, as reflected in Exhibit A of the Grant Agreement. (6) Allow CSC to be reimbursed by DWR in an amount not to exceed $147,000, representing 1.5 percent of requested grant amount for program management and DACIP oversight efforts with respect to the USCR IRWM region, which has been subtracted from the requested grant amount, as reflected in Exhibit A of the Grant Agreement. (7) Allow VC to be reimbursed by DWR in an amount not to exceed $147,000, representing 1.5 percent of requested grant amount for program management and DACIP oversight efforts with respect to the WCVC IRWM region, which has been subtracted from the requested grant amount, as reflected in Exhibit A of the Grant Agreement. (8) Allow WBMWD to be reimbursed by DWR in an amount not to exceed $98,000, representing 1.0 percent of requested grant amount for contracting services and fiscal management for the GLAC and USCR IRWM regions, which has been subtracted from the requested grant amount, as reflected in Exhibit A of the Grant Agreement. (9) Provide and ensure accuracy of all deliverables, reports, documentation, notifications, notices and information related to the DACIP as required under the Grant Agreement and/or requested by LACFCD to assist and to enable LACFCD to provide information required by DWR in a prompt and timely manner, in accordance with the provisions of the Grant Agreement. (10) Comply with all Basic Conditions, conditions for disbursement, Continuing Eligibility requirements, and Standard Conditions set forth in the Grant Agreement at all times. C�LYH_1►1�>•�L9�_NI:IG[e7:7��C�71 (1) Designate in writing a Project Manager with the full authority to act on behalf of its respective RWMG on any matter related to the DACIP, and advise LACFCD and DWR immediately in writing of any change in Project Manager. WBMWD AGREES TO: (1) Establish an independent account to manage the LACFCD funds for the DACIP for GLAC and USCR, and provide routine updates of balance and activities of the DACIP account. HOA.101932309.1Pag0 � 5 8.c Packet Pg. 59 (2) Invoice LACFCD, submit required information, including reports, notices and notifications, to LACFCD and provide any documentation and information requested or required under this Agreement or by LACFCD with respect to implementation of the DACIP. In the event that the DACIP will be implemented by more than one contractor or subcontractor, shall ensure that it has entered into appropriate written agreement(s) with each of the other DACIP-implementing contractors and subcontractors to confirm the authority of WBMWD to enter into this Agreement on their behalf, and shall ensure that each of the other DACIP- implementing contractors and subcontractors agrees to comply with the same indemnification terms WBMWD must comply with under this AGREEMENT. Further, each entity participating in the DACIP acknowledges full responsibility for the implementation of the DACIP, including all responsibilities identified in this Agreement as well as the Grant Agreement and commits to the fulfillment of their respective obligations with respect to the DACIP; and Section (3) TERMINATION OF AGREEMENT (1) This Agreement shall remain in effect while the Grant Agreement or any provision of the Grant Agreement remains in effect. (2) Following termination of the Grant Agreement, each Party, as lead agency for its respective RWMG, shall remain responsible for any liability, costs or expenses related to its DACIP, including any request for repayment by DWR related to the DACIP and/or any other costs, fees and/or penalties, such as costs related to allegations of default under Section 14 of the Grant Agreement, which may be asserted against LACFCD by DWR related to the DACIP. (3) Parties acknowledge that in no event shall LACFCD be responsible for any liability, costs, or expenses related to acts or omissions by the other Parties or their agents, including but not limited to other Parties' contractors/subcontractors for the performance of work on, or the operation or maintenance of, the DACIP as a result of the termination of the Grant Agreement or for any other reason. Section (4) GENERAL INDEMNIFICATION (1) If, for whatever reason, DWR fails to fund any part of the grant commitment related to the DACIP, Parties and its contractors/subcontractors shall hold LACFCD harmless for that failure to fund and shall not seek any funding from LACFCD other than funds actually provided by DWR to LACFCD and specifically identified for the DACIP. If, for whatever reason, DWR demands repayment of any part of the grant commitment related to the DACIP, Parties shall indemnify, defend, and hold LACFCD harmless for their respective share of said repayment demand and shall not seek any funding from LACFCD in connection therewith. (2) Each Party agrees to indemnify, defend, and hold harmless the others for any HOA.101932309.1Pag0 � 6 8.c Packet Pg. 60 liability, costs, or expenses related to its acts or omissions hereunder, or those of its agents, including but not limited to contractors and subcontractors retained for the performance of work on, or the operation or maintenance of, the DACIP within its respective IRWM region. No Party shall be entitled to contribution from any other Party for liability, costs or expenses related to its own acts or omissions, or those of its agents. (3) Parties' indemnification will remain in effect for the lifetime of the DACIP. Section (5) NOTIFICATION (1) Any notices, bills, invoices, or reports relating to this Agreement, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and (a) shall be delivered to the representatives of the Parties at the addresses set forth below, except that any Party may change the address for notices by giving the other Party at least ten (10) days written notice of the new address: LACFCD: Mr. Russ Bryden, Principal Engineer Watershed Management Division Los Angeles County Flood Control District County of Los Angeles Department of Public Works 900 South Fremont Avenue Alhambra. CA 91803-1331 CSC: Ms. Heather Merenda, Environmental Programs Division Coordinator Environmental Services Division City of Santa Clarita 23920 Valencia Blvd. Santa Clarita. CA 91355 VC: Sue Hughes, Senior Deputy Executive Officer Watersheds Coalition of Ventura County County Executive Office 800 S. Victoria Ave. AMNIMF99GTs19I1I110-15 Fs1: f$] WBMWD: Leighanne Kirk Principal Water Resources Planner/Grant Coordinator West Basin Municipal Water District 17140 South Avalon Blvd, Ste. 210 HOA.101932309.1Pag0 � 7 8.c Packet Pg. 61 Carson, CA 90746-1296 (b) or when LACFCD establishes a process to electronically upload some of the above stated information via the Web, the Parties shall submit the information accordingly as directed by LACFCD. Section (6) MUTUAL COVENANTS (1) Governing Law: This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. (2) Amendment: No variation, modification, change, or amendment of this Agreement shall be binding upon any Party unless such variation, modification, change, or amendment is in writing and duly authorized and executed by each Party. This Agreement shall not be amended or modified by oral agreements or understandings between the Parties or by any acts or conduct of the Parties. Notwithstanding the above, the Parties agree that any amendment to the Grant Agreement (including any amendment to a Party's grant amount and corresponding change to the dollar amount of LACFCD's 2.5 percent administrative fee) shall become part of this Agreement upon the provision of written notice to the Parties without the necessity of further written agreement between the Parties absent the immediate provision of written objection by a Party to LACFCD. (3) Entire Agreement: This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings. (4) Covenant: All provisions of this Agreement, whether covenants or conditions, on the part of Parties shall be deemed to be both covenants and conditions. (5) Interpretation: 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 and any ambiguities shall not be resolved against the drafting Party simply by virtue of having drafted the ambiguous provision. (6) Assignment: No Party shall assign this Agreement or any of such Party's interest, rights, or obligations, under this Agreement without the prior written consent of the other Parties, which consent shall not be unreasonably withheld except that any Party may assign the Agreement, or any part thereof, to any successor governmental agency performing the functions of the assigning Party as its successor. (7) Manner of Execution: The Agreement may be executed simultaneously in counterpart, each of which shall be deemed an original, but together, shall constitute but one and the same instrument. HOA.101932309.1Pag0 � 8 8.c Packet Pg. 62 (8) Relationship of Parties: The Parties are, and at all times shall remain as to each other, wholly independent entities. No Party to this Agreement shall have the power to incur any debt, obligation, or liability on behalf of any other Party unless expressly provided to the contrary by this Agreement. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another Party. Section (7) NEGATION OF PARTNERSHIP (1) Nothing in this Agreement shall be construed to render LACFCD in any way or for any purpose a partner, joint venturer, or associate in any relationship with Parties, nor shall this Agreement be construed to authorize either Party to act as agent for the other Party unless expressly provided in this Agreement. Section (8) SAVINGS CLAUSE (1) If any provision or provisions of this Agreement shall be determined by any court to be invalid, illegal or unenforceable to any extent, the remainder of the Agreement shall continue in full force and effect and this Agreement shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained in this Agreement. Section (9) AUTHORITY TO ENTER INTO AGREEMENT (1) 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. HOA.101932309.1Pag0 � 9 8.c Packet Pg. 63 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers, duly authorized by the Party on , 2017, and by the LACFCD on 12017 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By MARK PESTRELLA Chief Engineer I_1»:163NADIF-AVE 1107701VdiA MARY C. WICKHAM County Counsel By Deputy CITY OF SANTA CLARITA ATTEST: M KENNETH W. STRIPLIN City Manager APPROVED AS TO FORM: JOSEPH M. MONTES City Attorney 0 xon.101932309.iPage 110 Date Date Date Date 8.c Packet Pg. 64