HomeMy WebLinkAbout2018-05-08 - AGENDA REPORTS - TETRA TECH COORDINATED INTEGRATED MONITORING PGM (2)5
Agenda Item: 5
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: May 8, 2018
SUBJECT: COORDINATED INTEGRATED MONITORING PROGRAM
MEMORANDUM OF UNDERSTANDING AND CONTRACT
AMENDMENTS
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
1. Approve a two-year contract extension with Tetra Tech to provide stormwater monitoring
services for implementation of the Coordinated Integrated Monitoring Program (CIMP) at a
cost of $430,724 for each Fiscal Year (FY) 2018-19 and FY 2019-20 for a total two-year
contract extension amount not to exceed $861,448.
2. Approve the changes to the Memorandum of Understanding (MOU) to share costs with the
County of Los Angeles (County) and the Los Angeles County Flood Control District (Flood
Control District) for the extended contract with Tetra Tech. If approved, the County and
Flood Control District would reimburse the City of Santa Clarita (City) for their share of
costs and a five-percent project administration for the total amount of $595,476.
3. Appropriate funds from the Stormwater Utility Fund Balance (Fund 356) to Expenditure
Account 14600-5161.002 in the amount of $430,724 for each FY 2018-19 and 2019-20.
Increase Revenue Account 356-4621.001 by the amount of annual invoices of up to $276,202
and $21,536 for each FY 2018-19 and FY 2019-20.
4. Authorize the City Manager or designee to execute all documents, in accordance with the
terms of the contract, subject to City Attorney approval.
BACKGROUND
In late 2012, the state-issued Municipal Stormwater National Pollutant Discharge Elimination
System Permit (Permit) became effective. This is the fourth iteration of the Permit issued by the
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State of California (State) to municipalities since 1990 as part of the Federal Water Pollution
Control Act (Clean Water Act). The Permit contains many new requirements related to the
management of surface water quality affecting the City, County, and 84 incorporated cities
throughout the County. A part of that Permit is to conduct water quality monitoring consistent
with the approved CIMP. The CIMP is implemented jointly with the County and Flood Control
District.
On October 27, 2015, the City Council awarded a contract with Tetra Tech and approved a cost
sharing MOU with the County and the Flood Control District to implement the CIMP data
gathering and analysis. The MOU was approved for three fiscal years, plus two optional, one-
year extensions. All parties have been working to implement the CIMP effectively and
efficiently. In March 2018, the County requested language changes in the MOU as a condition to
extend the term. The language changes included access permits for Flood Control District right
of way and indemnification language.
The financial terms for extending the MOU can be found in detail in Exhibit A of the attachment
to this item. If approved, the contract with Tetra Tech would exercise the two optional one-year
extensions, extending the contract for two additional fiscal years, and the total five-year contract
amount would increase to an amount not to exceed $2,116,350. The contract scope of services
includes project management, outfall monitoring identified from non-stormwater screening,
stormwater outfall monitoring, receiving weekly water monitoring, Total Maximum Daily Load
(TMDL) compliance monitoring, laboratory analysis, data management, and reporting.
The MOU update with the County and Flood Control District includes the contract costs with
Tetra Tech, covering City contract administration costs and the original contingency budget. The
total value of the MOU is $2,241,840 that includes up to $100,779 for all five years for contract
administration. The two year extension will cost $861,448. The cost share per agency is as
follows.
Agency Two Year Cost Percent Share
County of Los Angeles $552,404.00 64%
LACFCD $43,072.00 5%
City of Santa Clarita $265,972.00 31%
Total Two Year Costs $861,448.00 100%
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no impact to the General Fund and adequate funds will be available upon approval of
the requested appropriation to Expenditure Account 14600-5161.002 for $430,724 for each FY
2018-19 and FY 2019-20. If approved, this action would have a net effect on the Stormwater
Utility Fund in the amount of $132,986 for each FY 2018-19 and FY 2019-20.
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ATTACHMENTS
SCR CIMP MOU 2018 Amendment
SCR CIMP MOU 2018 Amendment Red Line Changes
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT, AND THE CITY OF SANTA CLARITA
REGARDING THE ADMINISTRATION AND COST SHARING FOR
IMPLEMENTING THE COORDINATED INTEGRATED MONITORING
PROGRAM AND NECESSARY REPORTSFOR THE
UPPER SANTA CLARA RIVER WATERSHED
This Memorandum of Understanding (MOU), is made and entered into as of the date of the last
signature set forth below by and between the Los Angeles County Flood Control District
(LACFCD), a body corporate and politic, the County of Los Angeles (County)), a political
subdivision of the State of California, and the City of Santa Clarita (City), a municipal
corporation. Collectively, these entities shall be known herein as Parties or individually as Party.
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (Regional
Board) adopted National Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit) on November 8, 2012; and
WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that
the LACFCD, the County, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and
Lancaster) within Los Angeles County comply with the prescribed elements of the MS4 Permit;
and
WHEREAS, the MS4 Permit identified the Parties as MS4 Permittees that are responsible
for compliance with the MS4 Permit requirements pertaining to the Upper Santa Clara River
Watershed Management Area; and
WHEREAS, the Parties entered into a MOU on August 19, 2013 to collaborate in the
development of a Coordinated Integrated Monitoring Program (CIMP) for the Upper Santa Clara
River Watershed (a copy of the CIMP is attached hereto as Exhibit D and incorporated herein by
reference); and
WHEREAS, the CIMP was submitted to the Regional Board by the Parties on June 27,
2014, and was approved by the Regional Board, with conditions, on June 4, 2015; and
WHEREAS, the Parties propose to hire a Consultant (Consultant) as set forth in Section
7(a) below, to implement certain requirements of the CIMP and MS4 Permit, which for purposes
of this MOU, may also include the preparation of reports required by the CIMP and MS4 Permit,
and any necessary revisions to the CIMP in compliance with the MS4 Permit; and
WHEREAS, the Parties have determined that hiring the Consultant to implement certain
requirements of the CIMP and MS4 Permit will be beneficial to the Parties, and they have agreed
to contribute funds to the City, who will act as Project Administrators on behalf of the Parties to
contract with the Consultant to implement certain requirements of the CIMP and the MS4
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
Permit; and
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WHEREAS, the Parties collaboratively prepared a Scope of Work to obtain a Consultant
to assist the Parties with implementing certain requirements of the CIMP and MS4 Permit, as
specified in the Scopes of Work, which is incorporated into this MOU by reference; and
WHEREAS, the Parties have agreed to cooperatively share and fully fund the estimated
costs of implementing certain requirements of the CIMP and MS4 Permit, as shown in Table 1 of
Exhibit A; based on the cost allocation formula contained in Table 3 of Exhibit A of this MOU;
and
WHEREAS, the Parties have agreed that the total cost for implementing certain
requirements of the CIMP and MS4 Permit shall not exceed One Million Three Hundred Eighty
Thousand Three Hundred Ninety-Two Dollars ($1,380,392) for three years, which includes a
five percent project administration cost, a three percent annual inflationary increase, and a 10
percent contingency for the initial three-year term; and
WHEREAS, the costs of three optional special studies totaling Three Hundred Seventy-
Six Thousand Seven Hundred and Twenty-Four Dollars ($376,724), are shown in Table 5 of
Exhibit A of this MOU, are currently not included in the cost allocation, but will be considered
for possible implementation by all Parties, and addressed through an amendment to this MOU as
necessary; and
WHEREAS, other entities subject to their own NPDES Permit and/or named as
responsible agencies assigned a Total Maximum Daily Load (TMDL) waste load or load
allocation may participate in applicable portions of the CIMP by amendment to this MOU, with
the concurrence of the Parties; and
WHEREAS, the Parties agree that each shall assume full and independent responsibility
for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the
MOU.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the Parties,
and of the promises contained in this MOU, the Parties agree as follows:
SECTION 1. Recitals. The recitals set forth above are incorporated into this MOU.
SECTION 2. Purpose. The purpose of this MOU is to cooperatively fund the
implementation of certain requirements of the CIMP and MS4 Permit, and to coordinate the
payment and performance of the monitoring and reporting services.
SECTION 3. Cooperation. The Parties shall fully cooperate with one another to attain
the purposes of this MOU.
SECTION 4. Voluntary. This MOU is voluntarily entered into for the implementation of
certain requirements of the CIMP and MS4 Permit.
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
SECTION 5. Term. This MOU shall remain in effect until June 30, 2020.
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SECTION 6. Continuation of Monitoring. In addition to cost reimbursement in
SECTION 7, the Parties agree that substantiated costs incurred by the City for implementing
certain requirements of the CIMP and MS4 Permit prior to execution of this MOU shall be cost-
shared by the Parties. The estimated costs and not-to-exceed invoicing amounts for the period of
July 1, 2015 through June 30, 2020, as contained Exhibit A, are based on implementing certain
requirements of the CIMP and MS4 Permit and project administration that commenced on July
1, 2015.
SECTION 7. The City of Santa Clarita agrees:
a. Consultant Services. To select a Consultant to implement certain monitoring requirements
and prepare and submit reports as required in the CIMP and MS4 Permit, in accordance with
the Scopes of Work, and any subsequent changes to the CIMP as agreed upon by the Parties
and approved by the Regional Board. The City will be compensated for the administration of
the Consultant contract at a rate of five percent of each Party cost share as described in
Table 3 of Exhibit A. The City will comply with all procurement requirements applicable to
said selection.
b. Report. To oversee the preparation and submittal of the reports to the Regional Board as
described in the CIMP and Scopes of Work, and distribute copies of the reports to the Parties
prior to submittal to the Regional Board for review and comment. The City will provide the
Parties with an electronic copy of the draft and completed reports within seven business days
after receipt from the Consultant. In addition, the City will submit to the Parties the data used
to prepare the reports. This data will be transmitted electronically in a format that contains
the table structure and syntax agreed upon by the Parties, e.g., California Environmental Data
Exchange Network format.
c. Invoice. To invoice the Parties in amounts not exceeding the invoice amounts shown in Table
4 of Exhibit A. The annual payments for the period of July 1 through June 30 will be
invoiced no later than April of the corresponding fiscal year, except for the first invoice,
which will be issued upon the execution of this MOU by all Parties. At the end of each
monitoring year, any unused funds will be rolled over and used towards future years of CIMP
implementation.
d. Expenditure. To utilize the funds deposited by the Parties only for the administration of the
Consultant contracts and the implementation of the CIMP and necessary reports. The City
will provide an accounting of funds expended and remaining within 90 days after the end of
each monitoring year.
e. Contingency. The City will notify the Parties if actual expenditures are anticipated to exceed
the cost estimates contained in Table 1 of Exhibit A and obtain written approval of such
expenditures from all Parties. Upon approval, the Parties agree to reimburse the City for their
proportional share of these additional expenditures at an amount not to exceed 10 percent of
the original cost estimate as shown in Table 4 of Exhibit A. This 10 percent contingency will
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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not be invoiced, unless actual expenditures exceed the original cost estimate. Expenditures
that exceed the 10 percent contingency will require an amendment to this MOU.
f. Termination. To provide an accounting upon termination of this MOU within 90 days of said
termination. At the completion of the accounting, the City shall return any unused portion of
all funds deposited with the City within 180 days of said termination in accordance with the
cost allocation formulas set forth in Table 3 of Exhibit A. Subject to agreement by the City,
any funds which are to be reimbursed to a Party may be reimbursed through credits towards
future invoices and agreements, if requested in writing by that Party.
g. Permit. To make a full-faith effort to work with the Parties and their Consultants to obtain all
necessary permits for installation of permanent infrastructure or modifications to monitoring
sites, and subsequent access during monitoring events and maintenance. Permits required for
construction or installation of structures in a Party right-of-way may incur fees for review,
inspection, etc.
SECTION 8. The LACFCD agrees:
a. LACFCD Mass Emissions Station (MES) Monitoring. To provide monitoring data from the
existing MES owned and operated by the LACFCD. Data shall be limited to water column
chemistry and aquatic toxicity. Available information for the MES will be provided to the
City as needed to complete the required reporting.
b. Additional Monitoring at LACFCD Mass Emission Station. To coordinate with the City for
additional monitoring required by the CIMP at its MES.
c. Access to LACFCD Facilities. To grant access to the Parties and their Consultants to
LACFCD storm drains, channels, catch basins, and similar properties (Facilities), to achieve
the purposes of this MOU, provided the Parties and their Consultants obtain a permit and
acilities. Permits for
construction or installation of structures in LACFCD right-of-way will incur fees to cover the
cost of review, inspection, etc., by LACFCD.
d. Report. To submit the MES data to the City or its Consultant to be incorporated and
submitted to the Regional Board as described in the CIMP. This data will be transmitted
electronically in a format that contains the table structure and syntax agreed upon by the
Parties, e.g., the latest Stormwater Monitoring Coalition Standard Data Transfer Format, or
California Environmental Data Exchange Network format.
SECTION 9. The Parties further agree:
a. Payment. To fund the cost of the implementation of certain requirements of the CIMP and
MS4 Permit, and to pay the City for their proportional share of the estimated cost for the
implementation, and project administration not exceeding the amounts as shown in Table 4
of Exhibit A, within 60 days of receipt of the invoice from the City. The cost estimates
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
presented in Exhibit A have been agreed upon by the Parties and are subject to changes in the
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CIMP pursuant to new Regional Board requirements and/or unforeseen challenges in the
field. Any such changes proposed to the Parties
appropriation and will require written agreement of the Parties.
b. Documentation. To make a full-faith effort to cooperate with one another to achieve the
purposes of this MOU by providing all requested information and documentation in their
possession and available for release to the City and its Consultant, that is deemed necessary
by the Parties to implement certain requirements of the CIMP and MS4 Permit.
c. Access. Each Party will allow reasonable access and entry by the Parties and their
Consultants, on an as needed basis during the term of this MOU, to each Party Facilities to
achieve the purposes of this MOU, provided, however, that prior to entering any of the
Party Facilities, the Parties and their Consultants shall provide written notice 72 hours in
advance of entry from the applicable Party. The Parties agree that the CIMP Lead shall have
the authority to obtain access permits, on behalf of all Parties, for the use of the right of way
of the LACFCD as necessary for the implementation of the CIMP.
d. Permit. Each Party will make a full-faith effort to work with the Parties and their Consultants
to obtain all necessary permits for installation of permanent infrastructure and monitoring
equipment, or modifications to the monitoring sites, and subsequent access during
monitoring events and maintenance, within each jurisdiction.
e. Additional Participants. The Parties agree that if any other entity wishes to participate and
cost share any element of the CIMP, an amendment to the MOU will be drafted and will
include an updated Table 4 based on updated cost share formula contained in Table 3 of
Exhibit A of this MOU and will be effective upon execution of all the Parties.
SECTION 10. Indemnification.
a. Each Party shall indemnify, defend, and hold harmless each other Party, including its special
districts, elected and appointed officers, employees, agents, attorneys, and designated
volunteers from and against any and all liability, including, but not limited to demands,
fees), arising from or connected with, and in relative proportion to, its own negligence or
willful misconduct under this MOU; provided, however, that no Party shall indemnify
another Party for said other own negligence or willful misconduct.
a. If any of Party pays in excess of its pro rata share in satisfaction of any liability arising out of
the implementation of the CIMP, such Party shall be entitled to contribution from each of the
other Parties; provided, however, that the right of contribution is limited to the amount paid
in excess of the Party's pro rata share and provided further that no Party may be compelled to
make contribution beyond its own pro rata share of the entire liability; and provided that no
Party shall indemnify another Party for that own negligence or willful misconduct.
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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b. The Parties agree that any liability borne by or imposed upon any Party or Parties hereto as a
result of this MOU that is not caused by or attributable to the negligence or willful
misconduct of any Party shall be fully borne by all the Parties in accordance with their pro
rata cost share, as set forth in CIMP MOU.
c. To the maximum extent permitted by law, the (CIMP Lead) shall require the Consultant (s)
retained pursuant to this MOU to agree to indemnify, defend, and hold harmless each Party,
its special districts, elected and appointed officers, employees, attorneys, agents, and
designated volunteers from and against any and all liability, including, but not limited to
demands, claims, actions, fees, costs, and expenses (including attorney and expert fees),
arising from or connected with the Consultant's performance of its agreement with the (CIMP
Lead). In addition, the (CIMP Lead) shall require the Consultant (s) to carry, maintain, and
keep in full force and effect an insurance policy or policies, and each Party, its elected and
appointed officers, employees, attorneys, agents and designated volunteers shall be named as
additional insureds on the policy(ies) with respect to liabilities arising out of the Consultant's
work. These requirements will also apply to any subcontractors hired by the Consultant (s).
SECTION 11. Termination and Withdrawal.
a. This MOU may be terminated upon the express written agreement of all Parties. If this
MOU is terminated, then all Parties must agree on the date of termination, tasks to be
completed prior to termination, payment of invoices due at the time of termination, and
equitable redistribution of remaining funds deposited, if there are any. In the event of
termination, each Party shall also be responsible for the payment of its own fines, penalties,
or costs incurred as a result of the non-performance of the CIMP. Completed work shall be
owned by the Party or Parties who fund the completion of such work. Rights to uncompleted
work by the Consultant still under contract will be held by the Party or Parties who fund the
completion of such work.
b. Any Party may withdraw from this MOU for any reason, in whole or part, by giving the other
Parties and the Regional Board 30 days written notice thereof. A withdrawn Party shall
remain wholly responsible for its share of the costs of Monitoring Services for the extent of
the effective term of this MOU.
c. The City shall notify in writing all Parties within 14 days of any Party failing to cure an
alleged default in compliance with the terms or conditions of this MOU. The non-delinquent
Parties will determine the next course of action.
d. If a Party fails to comply with any of the terms or conditions of this MOU, then that Party
shall forfeit its rights to work completed through this MOU, but no such forfeiture shall occur
unless and until the defaulting Party has first been given notice of its default and a reasonable
opportunity to cure the alleged default.
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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SECTION 12. General Provisions.
a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request,
demand, statement, or other communication required or permitted hereunder shall be in
writing and shall be delivered to the representatives of the Parties at the addresses set
forth in Exhibit B attached hereto and incorporated herein by reference. The Parties shall
promptly notify each other of any change of contact information, including personnel
changes, provided in Exhibit B within 30 days of such change. Written notice shall
include notice delivered via e-mail or fax. A notice shall be deemed to have been
received on (a) the date of delivery, if delivered by hand during regular business hours, or
by confirmed facsimile or by e-mail; or (b) on the third business day following mailing
by registered or certified mail (return receipt requested) to the addresses set forth in
Exhibit B.
b. Administration. For the purposes of this MOU, the Parties hereby designate as their
respective Party representatives the persons named in Exhibit B. The designated Party
representatives, or their respective designees, shall administer the terms and conditions of
this MOU on behalf of their respective Party. Each of the persons signing below on
behalf of a Party represents and warrants that he or she is authorized to sign this MOU on
behalf of such Party.
c. Relationship of the Parties. The Parties are, and shall remain at all times as to each other,
wholly independent entities. No Party to this MOU shall have power to incur any debt,
obligation, or liability on behalf of any other Party unless expressly provided to the
contrary by this MOU. 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.
d. Binding Effect. This MOU shall be binding upon, and shall be to the benefit of the
respective successors, heirs, and assigns of each Party; provided, however, no Party may
assign its respective rights or obligations under this MOU without the prior written
consent of the other Parties.
e. Amendment. The terms and provisions of this MOU may not be amended, modified, or
waived, except by an instrument in writing signed by all non-delinquent Parties. For
purposes of this subsection, a Party shall be considered delinquent if that Party fails to
timely pay an invoice as required by Sections 9(a), or withdraws pursuant to Section
11(b).
f. Law to Govern. This MOU is governed by, interpreted under, construed and enforced in
accordance with the laws of the State of California.
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.
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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h. Severability. If any provision of this MOU shall be determined by any court to be invalid,
illegal, or unenforceable to any extent, then the remainder of this MOU shall not be
affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained in this MOU.
i. Entire Agreement. This MOU constitutes the entire agreement of the Parties with respect
to the subject matter hereof.
j. Waiver. Waiver by any Party to this MOU of any term, condition, or covenant of this
MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any Party to any breach of the provisions of this MOU shall not constitute a waiver of
any other provision, nor a waiver of any subsequent breach or violation of any provision
of this MOU.
k. Counterparts. This MOU may be executed in any number of counterparts, each of which
shall be an original, but all of which taken together shall constitute one and the same
instrument, provided, however, that such counterparts shall have been delivered to all
Parties to this MOU.
l. All Parties have been represented by counsel in the preparation and negotiation of this
MOU. Accordingly, this MOU shall be construed according to its fair language. Any
ambiguities shall be resolved in a collaborative manner by the Parties and shall be
rectified by amending this MOU as described in Section 12(e).
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by
their duly authorized representatives and affixed as of the date of signature of the Parties:
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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COUNTY OF LOS ANGELES
By
MARK P. PESTRELLA Date
Director of Public Works
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By
Deputy Date
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
MARK P. PESTRELLA Date
Chief Engineer
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By
Deputy Date
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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CITY OF SANTA CLARITA
By ________________________ _________________________
Kenneth W. Striplin Date
City Manager
APPROVED AS TO CONTENT:
By _________________________
Robert Newman
Public Works Director
APPROVED AS TO FORM:
By _________________________
Joseph M. Montes
City Attorney
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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EXHIBIT A
Upper Santa Clara River Watershed CIMP
Table 1 Total MOU Costs
2018-19 2019-20
2015-16 2016-17 2017-18 5 Years
Estimated Estimated
Deliverables Estimated Estimated Estimated Estimated
44
344
Cost Cost
Cost Cost Cost Cost
1
Variable Costs
Monitoring
Dry Weather
Monitoring $50,780 $52,303 $53,873 $53,873 $53,873 $264,702
Wet Weather
Monitoring $129,550 $133,437 $137,440 $137,440 $137,440 $675,307
Additional
Monitoring $63,396 $65,297 $67,256 $67,256 $67,256 $330,461
Laboratory Analysis
$25,763 $26,536 $27,332 $27,332 $27,332 $134,295
Monitoring
Subtotal $269,489 $277,574 $285,901 $285,901 $285,901 $1,404,765
2
Fixed Costs
Data, Meetings &
$117,177 $120,692 $124,313 $124,313 $124,313 $610,808
Reports Subtotal
Subtotal
$ 386,666 $ 398,266 $ 410,213 $ 410,213 $ 410,213 $2,015,571
Project
Administration (5%) $ 19,333 $ 19,913 $ 20,511 $ 20,511 $ 20,511
$100,779
Annual Cost
$ 405,999 $ 418,179 $ 430,724 $ 430,724 $ 430,724 $2,116,350
Contingency (10%)
$125,490
Total MOU Cost
$2,241,840
1 Variable costs are subject to reconciliation if actual expenditures are less than estimated.
2 Fixed costs are not subject to reconciliation.
3 Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP and MS4
Permit prior to execution of this MOU
4 - Estimated cost partly based on previous year costs plus 3% annual inflationary increase
Attachment: SCR CIMP MOU 2018 Amendment (COORDINATED INTEGRATED MONOTORING PROGRAM MOU AMENDMENT)
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Table 2 Monitoring Cost with LACFCD Contribution
34444
2015-16 2016-17 2017-18 2018-19 2019-20 Total
Item
Monitoring
Subtotal
$269,489 $277,574 $285,901 $285,901 $285,901 $1,404,766
LACFCD Contribution
(5%) $13,474 $13,879 $14,295 $14,295 $14,295 $70,238
2
Remaining Cost
$256,014 $263,695 $271,606 $271,606 $271,606 $1,475,004
3
Data Management, Meetings, & Reports
Subtotal
$117,177 $120,692 $124,313 $124,313 $124,313 $610,808
LACFCD Contribution
(5%) $5,859 $6,035 $6,216 $6,216 $6,216 $30,542
2
Remaining Cost
$111,318 $114,657 $118,097 $118,097 $118,097 $641,350
MOU Cost
Subtotal
$386,666 $398,266 $410,213 $410,213 $410,213 $2,015,571
LACFCD Contribution
(5%) $19,333 $19,913 $20,511 $20,511 $20,511 $100,779
2
Total Remaining Cost
$367,332 $378,352 $389,703 $389,703 $389,703 $2,116,350
1 Cost does not include 5 percent administration or 10 percent contingency.
2 Remaining cost to be cost shared between County, and the City of Santa Clarita.
3 Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP and MS4
Permit prior to execution of this MOU
4 - Estimated cost partly based on previous year costs plus 3% annual inflationary increase
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Table 3 Cost Allocation Formula for 5 Years
Project
Allocated Cost w/
Admin.
Percent Allocated
Party Acres Cost w/ Admin. &
of Area Cost
Admin. Contingency
(5%)
Monitoring
County of Los Angeles 81,972.10 67.5
$877,978.13 $43,899 $921,877 $981,171
City of Santa Clarita 39,450.90 32.5
$456,548.63 $22,827 $479,376 $507,925
LACFCD (5%) N/A N/A
$70,238 $3,512 $73,750 $73,750
121,423 100
Subtotal
$1,404,765 $70,238 $1,475,003
$1,562,846
1
Data Management, Meetings & Reports
County of Los Angeles 81,972.10 67.5
$381,753.40 $19,088 $400,841 $426,253
City of Santa Clarita 39,450.90 32.5
$198,512.60 $9,926 $208,438 $220,674
LACFCD (5%) N/A N/A
$30,542 $1,527 $32,069 $32,069
121,423 100
Total
$610,808 $30,540 $641,348
$678,995
MOU Cost
County of Los Angeles
$1,259,732 $62,987 $1,322,718 $1,407,424
City of Santa Clarita
$655,061 $32,751 $687,814 $728,599
LACFCD
$100,779 $5,039 $105,818 $105,818
Subtotal
$2,015,572 $100,777 $2,116,350 $2,241,840
1 Fixed costs are not subject to reconciliation.
Table 4 City of Santa Clarita Invoicing Schedule
1
2015-16 2016-17 2017-18 2018-19 2019-20
5-Year
Contingency
Party
Total
Invoice Invoice Invoice Invoice Invoice
County of Los
$260,347 $268,157 $276,202 $276,202 $276,202 $1,357,110
Angeles $ 80,470
City of Santa Clarita $125,352 $129,113 $132,986 $132,986 $132,986 $653,423
$ 38,745
LACFCD $20,300 $20,909 $21,536 $21,536 $21,536 $105,817
$ 6,275
$2,116,350 $125,490
Total $405,999 $418,179 $430,724 $430,724 $430,724
1 Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP and MS4
Permit prior to execution of this MOU
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1
Table 5 Contract Costs for Optional Special Studies
Cost w/
Cost Contingency
Special Study
Admin.
Optional Microbial Source Tracking
$ 90,610 $ 95,141 $ 9,514
Optional Special Study, Pyrethroids
$ 153,820 $ 161,511 $ 16,151
Natural Bacteria Contributions
$ 81,738 $ 85,825 $ 8,582
Total
$ 326,168 $ 342,476 $ 34,248
1 Costs for these special studies are provided for reference. Should any of the PARTIES agree to conduct any or
all of these special studies, funding and cost allocation can be addressed by way of an amendment to this MOU.
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EXHIBIT B
Upper Santa Clara River Watershed CIMP
Responsible Agencies Representatives
1. County of Los Angeles
Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Paul Alva, Division Head
E-mail: palva@dpw.lacounty.gov
Phone: (626) 458-4325
Fax: (626) 457-1526
2. Los Angeles County Flood Control District
Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Paul Alva, Division Head
E-mail: palva@dpw.lacounty.gov
Phone: (626) 458-4325
Fax: (626) 457-1526
3. City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
Robert Newman, Director of Public Works
E-mail: rnewman@santa-clarita.com
Phone: (661) 259-2489
Fax: (661) 259-8125
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT, AND THE CITY OF SANTA CLARITA
REGARDING THE ADMINISTRATION AND COST SHARING FOR
IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM
AND NECESSARY REPORTS
FOR THE UPPER SANTA CLARA RIVER WATERSHED
the last signature set forth below by and between the LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT (LACFCD), a body corporate and politic, the COUNTY OF LOS
ANGELES (COUNTY), a political subdivision of the State of California, and the CITY
OF SANTA CLARITA (CITY), a municipal corporation. Collectively, these entities shall
be known herein as PARTIES or individually as PARTY.
WITNESSETH
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
REGIONAL BOARD
(NPDES) Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175
on November 8, 2012; and
WHEREAS, the MS4 Permit became effective on December 28, 2012, and
requires that the LACFCD, the COUNTY, and 84 of the 88 cities (excluding Avalon, Long
Beach, Palmdale, and Lancaster) within Los Angeles County comply with the prescribed
elements of the MS4 Permit; and
WHEREAS, the MS4 Permit identified the PARTIES as MS4 Permittees that are
responsible for compliance with the MS4 Permit requirements pertaining to the
Upper Santa Clara River Watershed Management Area; and
WHEREAS, the PARTIES entered into a memorandum of understanding on
August 19, 2013 to collaborate in the development of a Coordinated Integrated Monitoring
Program (CIMP) for the Upper Santa Clara River Watershed (a copy of the CIMP is
attached hereto as Exhibit D and incorporated herein by reference); and
WHEREAS, the CIMP was submitted to the REGIONAL BOARD by the PARTIES
on June 27, 2014, and was approved by the REGIONAL BOARD, with conditions, on
June 4, 2015; and
WHEREAS, the PARTIES propose to hire
forth in Section 7(a) below, to implement certain requirements of the CIMP and MS4
Permit, which for purposes of this MOU, may also include the preparation of reports
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required by the CIMP and MS4 Permit, and any necessary revisions to the CIMP in
compliance with the MS4 Permit; and
WHEREAS, the PARTIES have determined that hiring the CONSULTANT to
implement certain requirements of the CIMP and MS4 Permit will be beneficial to the
PARTIES, and they have agreed to contribute funds to the CITY, who will act as Project
Administrators on behalf of the PARTIES to contract with the CONSULTANTS to
implement certain requirements of the CIMP and the MS4 Permit; and
WHEREAS, the PARTIES collaboratively prepared a Scope of Work to obtain a
CONSULTANT to assist the PARTIES with implementing certain requirements of the
CIMP and MS4 Permit, as specified in the Scopes of Work, which is incorporated into this
MOU by reference; and
WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the
estimated costs of implementing certain requirements of the CIMP and MS4 Permit, as
shown in Table 1 of Exhibit A; based on the cost allocation formula contained in Table 3
of Exhibit A of this MOU; and
WHEREAS, the PARTIES have agreed that the total cost for implementing certain
requirements of the CIMP and MS4 Permit shall not exceed One Million Three Hundred
Eighty Thousand Three Hundred Ninety-Two and 00/100 Dollars ($1,380,392) for three
years, which includes a five percent (5%) project administration cost, a threepercent (3%)
annual inflationary increase, and a ten percent (10%) contingency for the initial three-year
term; and
WHEREAS, the costs of three optional special studies totaling Three Hundred
Seventy-Six Thousand Seven Hundred and Twenty-Four and 00/100 Dollars ($376,724),
are shown in Table 5 of Exhibit A of this MOU, are currently not included in the cost
allocation, but will be considered for possible implementation by all PARTIES, and
addressed through an amendment to this MOU as necessary; and
WHEREAS, other entities subject to their own NPDES Permit and/or named as
responsible agencies assigned a Total Maximum Daily Load (TMDL) waste load or load
allocation may participate in applicable portions of the CIMP by amendment to this MOU,
with the concurrence of the PARTIES;
WHEREAS, the PARTIES agree that each shall assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit despite the
collaborative approach of the MOU.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows:
Section 1. Recitals. The recitals set forth above are incorporated into this MOU.
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Section 2. Purpose. The purpose of this MOU is to cooperatively fund the implementation
of certain requirements of the CIMP and MS4 Permit, and to coordinate the payment and
performance of the monitoring and reporting services.
Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain
the purposes of this MOU.
Section 4. Voluntary. This MOU is voluntarily entered into for the implementation of
certain requirements of the CIMP and MS4 Permit.
Section 5. Term. This MOU shall become effective on the last date of execution by a
PARTY or July 1, 2015, whichever is later, and shall remain in effect for three years, or
until June 30, 20182020, whichever is later. Upon written approval of all PARTIES, the
term of this MOU may be extended for up to two additional years, (until five (5) years after
the last date of execution or June 30, 2018, whichever is later), provided the cost for each
additional year does not exceed the estimated cost for monitoring year 2017-18 (which
includes a five (5) percent project administration fee, a three (3) percent annual
inflationary increase, and ten (10) percent contingency).
Section 6. Continuation of Monitoring. In addition to cost reimbursement in Section 7,
the PARTIES agree that substantiated costs incurred by the CITY for implementing
certain requirements of the CIMP and MS4 Permit prior toexecution of this MOU shall be
cost-shared by the PARTIES. The estimated costs and not-to-exceed invoicing amounts
for the period of July 1, 2015 through June 30, 20182020, as contained Exhibit A, are
based on implementing certain requirements of the CIMP and MS4 Permit and project
administration that commenced on July 1, 2015.
Section 7. The CITY OF SANTA CLARITA agrees:
a. Consultant Services. To select a CONSULTANT to implement certain monitoring
requirements and prepare and submit reports as required in the CIMP and MS4
Permit, in accordance with the Scopes of Work, and any subsequent changes to
the CIMP as agreed upon by the PARTIES and approved by the REGIONAL
BOARD. The CITY will be compensated for the administration of the consultant
contract at a rate of five percent described
in Table 3 of Exhibit A. The CITY will comply with all procurement requirements
applicable to said selection.
b. Report. To oversee the preparation and submittal of the reports to the REGIONAL
BOARD as described in the CIMP and Scopes of Work, and distribute copies of
the reports to the PARTIES prior to submittal to the REGIONAL BOARDfor review
and comment. The CITY will provide the PARTIES with an electronic copy of the
draft and completed reports within seven (7) business days after receipt from the
CONSULTANT. In addition, the CITY will submit to the PARTIES the data used
to prepare the reports. This data will be transmitted electronically in a format that
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contains the table structure and syntax agreed upon by the PARTIES, e.g.,
California Environmental Data Exchange Network format.
c.Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts
shown in Table 4 of Exhibit A. The annual payments for the period of July 1
through June 30 will be invoiced no later than April of the corresponding fiscal year,
except for the first invoice, which will be issued upon the execution of this MOU by
all PARTIES. At the end of each monitoring year, any unused funds will be rolled
over and used towards future years of CIMP implementation.
d. Expenditure. To utilize the funds deposited by the PARTIES only for the
administration of the consultant contracts and the implementation of the CIMP and
necessary reports. The CITY will provide an accounting of funds expended and
remaining within 90 days after the end of each monitoring year.
e. Contingency. The CITY will notify the PARTIES if actual expenditures are
anticipated to exceed the cost estimates contained in Table 1 of Exhibit A and
obtain written approval of such expenditures from all PARTIES. Upon approval,
the PARTIES agree to reimburse the CITY for their proportional share of these
additional expenditures at an amount not to exceed 10 percent of the original cost
estimate as shown in Table 4 of Exhibit A. This 10 percent contingency will not be
invoiced, unless actual expenditures exceed the original cost estimate.
Expenditures that exceed the 10 percent contingency will require an amendment
to this MOU.
f. Termination. To provide an accounting upon termination of this MOU within 90
days of said termination. At the completion of the accounting, the CITY shall return
any unused portion of all funds deposited with the CITY within 180 days of said
termination in accordance with the cost allocation formulas set forth in Table 3 of
Exhibit A. Subject to agreement by the CITY, any funds which are to be reimbursed
to a PARTY may be reimbursed through credits towards future invoices and
agreements, if requested in writing by that PARTY.
g. Permit. To make a full-faith effort to work with the PARTIES and their
CONSULTANTS to obtain all necessary permits for installation of permanent
infrastructure or modifications to monitoring sites, and subsequent access during
monitoring events and maintenance. Permits required for construction or
iew,
inspection, etc.
Section 8. The LACFCD agrees:
a. LACFCD Mass Emissions Station (MES) Monitoring. To provide monitoring data
from the existing MES owned and operated by the LACFCD. Data shall be limited
to water column chemistry and aquatic toxicity. Available information for the MES
will be providedto the City as needed to complete the required reporting.
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b. Additional Monitoring at LACFCD Mass Emission Station. To coordinate with the
CITY for additional monitoring required by the CIMP at its MES.
c.Access to LACFCD Facilities. To grant access to the PARTIES and their
CONSULTANTS to LACFCD storm drains, channels, catch basins, and similar
FACILITIES, to achieve the purposes of this MOU, provided the
PARTIES and their CONSULTANTS obtain a permit and provide written notice 72
installation of structures in LACFCD right of way will incur fees to cover the cost of
review, inspection, etc., by LACFCD.
d. Report. To submit the Mass Emission Station data to the CITY or its Consultant to
be incorporated and submitted to the REGIONAL BOARD as described in the
CIMP. This data will be transmitted electronically in a format that contains the table
structure and syntax agreed upon by the PARTIES, e.g., the latest Stormwater
Monitoring Coalition Standard Data Transfer Format, or California Environmental
Data Exchange Network format.
Section 9. The PARTIES further agree:
a. Payment. To fund the cost of the implementation of certain requirements of the
CIMP and MS4 Permit, and to pay the CITY for their proportional share of the
estimated cost for the implementation, and project administration not exceeding
the amounts as shown in Table 4 of Exhibit A, within sixty (60) days of receipt of
the invoice from the CITY. The cost estimates presented in Exhibit A have been
agreed upon by the PARTIES and are subject to changes in the CIMP pursuant to
new REGIONAL BOARD requirements and/or unforeseen challenges in the field.
funding appropriation and will require written agreement of the PARTIES.
b. Documentation. To make a full-faith effort to cooperate with one another to achieve
the purposes of this MOU by providing all requested information and
documentation in their possession and available for release to the CITY and its
CONSULTANT, that is deemed necessary by the PARTIES to implement certain
requirements of the CIMP and MS4 Permit.
c.Access. Each PARTY will allow reasonable access and entry by the PARTIES and
their CONSULTANTS, on an as needed basis during the term of this MOU, to each
that prior to entering any of the PARTY'S FACILITIES, the PARTIES and their
CONSULTANTS shall provide written notice 72 hours in advance of entry from the
applicable PARTY. The PARTIES agree that the CIMP Lead shall have the
authority to obtain access permits, on behalf of all PARTIES, for the use of the
right of way of the Los Angeles County Flood Control District as necessary for the
implementation of the CIMP.
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d. Permit. Each PARTY will make a full-faith effort to work with the PARTIES and
their CONSULTANTS to obtain all necessary permits for installation of permanent
infrastructure and monitoring equipment, or modifications to the monitoring sites,
and subsequent access during monitoring events and maintenance, within each
e. Additional Participants. The PARTIES agree that if any other entity wishes to
participate and cost share any element of the CIMP, an amendment to the MOU
will be drafted and will include an updated Table 4 based on updated cost share
formula contained in Table 3 of Exhibit A of this MOU and will be effective upon
execution of all the parties.
Section 10. Indemnification
a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY,
including its special districts, elected and appointed officers, employees, agents,
attorneys, and designated volunteers from and against any and all liability,
including, but not limited to demands, claims, actions, fees, costs, and expenses
connected with, and in relative proportion to, its own negligence or willful
misconduct underthe respective acts of each PARTY arising from or related to this
MOU; provided, however, that no PARTY shall indemnify another PARTY for said
other that
a. If any of PARTY pays in excess of its pro rata share in satisfaction of any liability
arising out of the implementation of the CIMP, such PARTY shall be entitled to
contribution from each of the other PARTIES; provided, however, that the right of
contribution is limited to the amount paid in excess of the PARTY's pro rata share
and provided further that no PARTY may be compelled to make contribution
beyond its own pro rata share of the entire liability; and provided that no PARTY
misconduct.
b. The PARTIES agree that any liability borne by or imposed upon any PARTY or
PARTIES hereto as a result of this MOU that is not caused by or attributable to the
negligence or willful misconduct of any PARTY shall be fully borne by all the
PARTIES in accordance with their pro rata cost share, as set forth in CIMP MOU.
c.To the maximum extent permitted by law, the (CIMP Lead) shall require the
Consultant(s) retained pursuant to this MOU to agree to indemnify, defend, and
hold harmless each PARTY, its special districts, elected and appointed officers,
employees, attorneys, agents, and designated volunteers from and against any
and all liability, including but not limited to demands, claims, actions, fees, costs,
and expenses (including attorney and expert fees), arising from or connected with
the Consultant's performance of its agreement with the (CIMP Lead). In addition,
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the (CIMP Lead) shall require the Consultant(s) to carry, maintain, and keep in full
force and effect an insurance policy or policies, and each PARTY, its elected and
appointed officers, employees, attorneys, agents and designated volunteers shall
be named as additional insureds on the policy(ies) with respect to liabilities arising
out of the Consultant's work. These requirements will also apply to any
subcontractors hired by the Consultant(s).
b. In light of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities solely by reason
of such entities being parties to an agreement (as defined in Section 895 of said
Code), each of the PARTIES hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of said Code, shall assume the full liability imposed upon
it or any of its officers, agents, or employees, by law for injury caused by any act
or omission occurring in the performance of this MOU to the same extent such
liability would be imposed in the absence of Section 895.2 of said Code. To
achieve the above stated purpose, each PARTY indemnifies, defends, and holds
harmless each other PARTY for any liability, cost, or expense that may be imposed
upon such other PARTY solely by virtue of said Section 895.2. The provisions of
Section 2778 of the California Civil Code are made a part hereof as if incorporated
herein.
Section 11. Termination and Withdrawal
a. This MOU may be terminated upon the express written agreement of all PARTIES.
If this MOU is terminated, then all PARTIES must agree on the date of termination,
tasks to be completed prior to termination, payment of invoices due at the time of
termination, and equitable redistribution of remaining funds deposited, if there are
any. In the event of termination, each PARTY shall also be responsible for the
payment of its own fines, penalties or costs incurred as a result of the non-
performance of the CIMP. Completed work shall be owned by the PARTY or
PARTIES who fund the completion of such work. Rights to uncompleted work by
the CONSULTANT still under contract will be held by the PARTY or PARTIES who
fund the completion of such work.
b. Any PARTY may withdrawfrom this MOU for any reason, in whole or part, by
giving the other PARTIES and the REGIONAL BOARD thirty (30) days written
notice thereof. A withdrawn PARTY shall remain wholly responsible for its share
of the costs of Monitoring Services for the extent of the effective term of this MOU.
c.The CITY shall notify in writing all PARTIES within fourteen (14) days of any
PARTY failing to cure an alleged default in compliance with the terms or conditions
of this MOU. The non-delinquent PARTIES will determine the next course of
action.
d. If a PARTY fails to comply with any of the terms or conditions of this MOU, then
that PARTY shall forfeit its rights to work completed through this MOU, but no such
forfeiture shall occur unless and until the defaulting PARTY has first been given
notice of its default and a reasonable opportunity to cure the alleged default.
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Section 12. General Provisions
a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any
request, demand, statement, or other communication required or permitted
hereunder shall be in writing and shall be delivered to the representatives of the
PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated
herein by reference. The PARTIES shall promptly notify each other of any change
of contact information, including personnel changes, provided in Exhibit Bwithin
30 days of such change. Written notice shall include notice delivered via e-mail or
fax. A notice shall be deemed to have been received on (a) the date of delivery, if
delivered by hand during regular business hours, or by confirmed facsimile or by
e-mail; or (b) on the third (3) business day following mailing by registered or
certified mail (return receipt requested) to the addresses set forth in Exhibit B.
b. Administration. For the purposes of this MOU, the PARTIES hereby designate as
their respective PARTY representatives the persons named in Exhibit B. The
designated PARTY representatives, or their respective designees, shall administer
the terms and conditions of this MOU on behalf of their respective PARTY. Each
of the persons signing below on behalf of a PARTY represents and warrants that
he or she is authorized to sign this MOU on behalf of such PARTY.
c.Relationship of the Parties. The PARTIES are, and shall remain at all times as to
each other, wholly independent entities. No PARTY to this MOU shall have power
to incur any debt, obligation, or liability on behalf of any other PARTY unless
expressly provided to the contrary by this MOU. 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.
d. Binding Effect. This MOU shall be binding upon, and shall be to the benefit of the
respective successors, heirs, and assigns of each PARTY; provided, however, no
PARTY may assign its respective rights or obligations under this MOU without the
prior written consent of the other PARTIES.
e. Amendment. The terms and provisions of this MOU may not be amended,
modified, or waived, except by an instrument in writing signed by all non-delinquent
PARTIES. For purposes of this subsection, a PARTY shall be considered
delinquent if that PARTY fails to timely pay an invoice as required by Sections 9(a),
or withdraws pursuant to Section 11(b).
f. Law to Govern. This MOU is governed by, interpreted under, construed and
enforced in accordance with the laws of the State of California.
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.
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h. Severability. If any provision of this MOU shall bedetermined by any court to be
invalid, illegal, or unenforceable to any extent, then the remainder of this MOU
shall not be affected, and this MOU shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOU.
i. Entire Agreement. This MOU constitutes the entire agreement of the PARTIES
with respect to the subject matter hereof.
j. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of
this MOU shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any PARTY to any breach of the provisions of this MOU shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach
or violation of any provision of this MOU.
k.Counterparts. This MOU may be executed in any number of counterparts, each
of which shall be an original, but all of which taken together shall constitute one
and the same instrument, provided, however, that such counterparts shall have
been delivered to all PARTIES to this MOU.
l. All PARTIES have been represented by counsel in the preparation and negotiation
of this MOU. Accordingly, this MOU shall be construed according to its fair
language. Any ambiguities shall be resolved in a collaborative manner by the
PARTIES and shall be rectified by amending this MOU as described in Section
12(e).
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
//
//
//
//
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COUNTY OF LOS ANGELES
By
MARK P. PESTRELLA Date
Director of Public Works
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By
Deputy Date
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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
MARK P. PESTRELLA Date
Chief Engineer
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By
Deputy Date
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CITY OF SANTA CLARITA
By ___________________ _________________________
Kenneth W. Striplin Date
City Manager
APPROVED AS TO CONTENT:
By _________________________
Robert Newman
Public Works Director
APPROVED AS TO FORM:
By _________________________
Joseph M. Montes
City Attorney
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EXHIBIT A
Upper Santa Clara River Watershed CIMP
Table 1 Total MOU Costs
2018-19 2019-20
2015-16 2016-17 2017-18 5 Years
Estimated Estimated
Deliverables Estimated Estimated Estimated Estimated
44
344
Cost Cost
Cost Cost Cost Cost
1
Variable Costs
Monitoring
Dry Weather
Monitoring $50,780 $52,303 $53,873 $53,873 $53,873 $264,702
Wet Weather
Monitoring $129,550 $133,437 $137,440 $137,440 $137,440 $675,307
Additional
Monitoring $63,396 $65,297 $67,256 $67,256 $67,256 $330,461
Laboratory
Analysis $25,763 $26,536 $27,332 $27,332 $27,332 $134,295
Monitoring
Subtotal $269,489 $277,574 $285,901 $285,901 $285,901 $1,404,765
2
Fixed Costs
Data, Meetings &
Reports Subtotal
$117,177 $120,692 $124,313 $124,313 $124,313 $610,808
Subtotal
$ 386,666 $ 398,266 $ 410,213 $ 410,213 $ 410,213 $2,015,571
Project
Administration
(5%) $ 19,333 $ 19,913 $ 20,511 $ 20,511 $ 20,511 $100,779
Annual Cost
$ 405,999 $ 418,179 $ 430,724 $ 430,724 $ 430,724 $2,116,350
Contingency (10%)
$125,490
Total MOU Cost
$2,241,840
1 Variable costs are subject to reconciliation if actual expenditures are less than estimated.
2 Fixed costs are not subject to reconciliation.
3 Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP
and MS4 Permit prior to execution of this MOU
4 - Estimated cost partly based on previous year costs plus 3% annual inflationary increase
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Table 2 Monitoring Cost with LACFCD Contribution
2019-
3444
2015-16 2016-17 2017-18 2018-19 Total
Item
4
20
Monitoring
Subtotal
$269,489 $277,574 $285,901 $285,901 $285,901 $1,404,766
LACFCD Contribution
(5%) $13,474 $13,879 $14,295 $14,295 $14,295 $70,238
2
Remaining Cost
$256,014 $263,695 $271,606 $271,606 $271,606 $1,475,004
3
Data Management, Meetings, & Reports
Subtotal
$117,177 $120,692 $124,313 $124,313 $124,313 $610,808
LACFCD Contribution
(5%) $5,859 $6,035 $6,216 $6,216 $6,216 $30,542
2
Remaining Cost
$111,318 $114,657 $118,097 $118,097 $118,097 $641,350
MOU Cost
Subtotal
$386,666 $398,266 $410,213 $410,213 $410,213 $2,015,571
LACFCD Contribution
(5%) $19,333 $19,913 $20,511 $20,511 $20,511 $100,779
Total Remaining
2
Cost $367,332 $378,352 $389,703 $389,703 $389,703 $2,116,350
1 Cost does not include 5 percent administration or 10 percent contingency.
2 Remaining cost to be cost shared between County, and the City of Santa Clarita.
3 Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP
and MS4 Permit prior to execution of this MOU
4 - Estimated cost partly based on previous year costs plus 3% annual inflationary increase
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Table 3 Cost Allocation Formula for 5 Years
Project
Admin.
Allocated Cost w/
Percent Allocated
Party Acres Cost w/ Admin. &
Formatted Table
(5%
of Area Cost
Admin. Contingency
percent
)
Monitoring
County of Los
81,972.10 67.5
Angeles $877,978.13 $43,899 $921,877 $981,171
City of Santa Clarita 39,450.90 32.5
$456,548.63 $22,827 $479,376 $507,925
LACFCD (5%) N/A N/A
$70,238 $3,512 $73,750 $73,750
Subtotal
121,423 100
$1,404,765 $70,238 $1,475,003 $1,562,846
1
Data Management, Meetings & Reports
County of Los
81,972.10 67.5
Angeles $381,753.40 $19,088 $400,841 $426,253
City of Santa Clarita 39,450.90 32.5
$198,512.60 $9,926 $208,438 $220,674
LACFCD (5%) N/A N/A
$30,542 $1,527 $32,069 $32,069
Total 121,423 100
$610,808 $30,540 $641,348 $678,995
MOU Cost
County of Los
Angeles $1,259,732 $62,987 $1,322,718 $1,407,424
City of Santa Clarita
$655,061 $32,751 $687,814 $728,599
LACFCD
$100,779 $5,039 $105,818 $105,818
Subtotal
$2,015,572 $100,777 $2,116,350 $2,241,840
1 Fixed costs are not subject to reconciliation.
Table 4 City of Santa Clarita Invoicing Schedule
1
2015-16 2016-17 2017-18 2018-19 2019-20
5-Year
Contingency
Party
Total
Invoice Invoice Invoice Invoice Invoice
County of Los Angeles $260,347 $268,157 $276,202 $276,202 $276,202 $1,357,110
$ 80,471
City of Santa Clarita $125,352 $129,113 $132,986 $132,986 $132,986 $653,423
$ 38,745
LACFCD $20,300 $20,909 $21,536 $21,536 $21,536 $105,817
$ 6,275
Total $405,999 $418,179 $430,724 $430,724 $430,724 $2,116,350 $125,000
1 Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP
and MS4 Permit prior to execution of this MOU
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1
Table 5 Contract Costs for Optional Special Studies
Cost w/
Cost Contingency
Special Study
Admin.
Optional Microbial Source Tracking
$ 90,610 $ 95,141 $ 9,514
Optional Special Study, Pyrethroids
$ 153,820 $ 161,511 $ 16,151
Natural Bacteria Contributions
$ 81,738 $ 85,825 $ 8,582
Total
$ 326,168 $ 342,476 $ 34,248
1 Costs for these special studies are provided for reference. Should any of the PARTIES agree to
conduct any or all of these special studies, funding and cost allocation can be addressed by way of an
amendment to this MOU.
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EXHIBIT B
Upper Santa Clara River Watershed CIMP
Responsible Agencies Representatives
1.County of Los Angeles
Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Paul Alva, Division Head
E-mail: palva@dpw.lacounty.gov
Phone: (626) 458-4325
Fax: (626) 457-1526
2.Los Angeles County Flood Control District
Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Paul Alva, Division Head
E-mail: palva@dpw.lacounty.gov
Phone: (626) 458-4325
Fax: (626) 457-1526
3.City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
Robert Newman, Director of Public Works
E-mail: rnewman@santa-clarita.com
Phone: (661) 259-2489
Fax: (661) 259-8125
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EXHIBIT C
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