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.
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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
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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
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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
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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.
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(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.
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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
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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.
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(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.
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(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
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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
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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.
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(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.
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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
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