HomeMy WebLinkAbout2020-10-13 - AGENDA REPORTS - MOA WITH LACO COST SHARING NPDES PERMIT (2)0
Agenda Item: 5
P
CITY OF SANTA CLARITA AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:1
DATE: October 13, 2020
SUBJECT: MEMORANDUM OF AGREEMENT WITH LOS ANGELES
COUNTY FOR COST SHARING NPDES PERMIT MONITORING,
MODELING AND REPORTING
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
1. Approve the Memorandum of Agreement for the National Pollutant Discharge Elimination
System Permit compliance between the City if Santa Clarita, Los Angele County, and Los
Angeles County Flood Control District.
2. Authorize City Manager or his designee to execute all agreements related to entering into the
Memorandum of Agreement.
BACKGROUND
This item for City Council consideration is a request to approve a Memorandum of Agreement
(MOA) between the City of Santa Clarita (City), Los Angeles County (County), and Los Angeles
County Flood Control District (Flood Control District) related to the Coordinated Integrated
Monitoring Program (CIMP) and Enhanced Watershed Management Plan (EWMP). Approval of
this agreement will allow the continuation of an existing partnership between the City, County,
and Flood Control District for compliance with the Municipal Stormwater National Pollutant
Discharge Elimination System Permit (NPDES Permit).
The current, state -issued NPDES Permit took effect in 2012. To comply with the NPDES Permit
and reduce the City's financial obligation, the CIMP and EWMP were developed jointly between
the City, County, and Flood Control District. The CIMP was designed to provide a means to
measure water quality compliance with the NPDES Permit. The EWMP allows the City to
implement the requirements of the NPDES Permit on a watershed scale through customized
strategies, control measures, and best management practices (BMPs). These efforts have resulted
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in the City being deemed in compliance with the NPDES Permit when water quality standards
have been exceeded.
Up until now, the City has executed separate agreements for each of the two documents. On July
9, 2013, the City Council entered into a legal agreement with the County and awarded a contract
to develop the EWMP. Subsequently, on October 27, 2015, the City Council awarded a contract
to Tetra Tech to perform CIMP water quality monitoring and reporting, and additionally
approved a cost -sharing agreement with the County and the Flood Control District. The original
CIMP agreement with Tetra Tech was approved for five years, through June 30, 2020. Beyond
that, the agreements and contracts have been amended and extended through to June 30, 2021.
New NPDES Permit
A new version of the NPDES Permit is expected to be issued by the State by spring 2021. In
anticipation of changes to the NPDES Permit and the need to continue the cost -sharing
arrangement with the County and Flood Control District for monitoring and updating, staff has
been working with County staff to develop a new MOA and estimate of costs. The cost -sharing
formula has been updated based on the current City boundaries including new annexations. This
MOA will include both the EWMP and the CIMP requirements of the NPDES Permit in addition
to the following tasks to be delivered by a consultant:
• Development of a revised work plan/strategy for updating the EWMP and CIMP in light
of the new NPDES Permit, improved water quality information and other policies;
• Evaluation of existing monitoring efforts utilizing water quality data collected since 2015
to re -model anticipated projects;
• Revision of Reasonable Assurance Analysis (RAA);
• Updating future costs and schedules for Regional BMP projects; and
• Implementation of all anticipated requirements for water quality monitoring and reporting
and incorporating community process into the program development.
The proposed MOA is included in the reading file.
ALTERNATIVE ACTION
Other action decided by City Council.
FISCAL IMPACT
The five-year total cost of the agreement is $2,816,100, with the City's share being $999,344.
The total costs were estimated based on current program costs, previous document development
efforts and cost inquiries to testing labs. The cost share is based on percent of land use affected
by the NPDES Permit. The agreement is proposed to last for five years. If the MOA is approved,
there will be a future agenda item requesting award of contracts and appropriation of funds
brought to the City Council for consideration.
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ATTACHMENTS
Upper Santa Clara River Memorandum of Agreement (available in the City Clerk's Reading File)
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MEMORANDUM OF AGREEMENT
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, UPDATING THE
ENHANCED WATERSHED MANAGEMENT PROGRAM, AND NECESSARY
REPORTS FOR THE UPPER SANTA CLARA RIVER WATERSHED
This Memorandum of Agreement (MOA), 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.
WITNESSETH
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 REGIONAL BOARD will be adopting a new NPDES MS4 Permit
anticipated in late 2020 that will continue to have compliance requirements; 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 (USCR) Watershed Management Area; and
WHEREAS, the PARTIES entered into a memorandum of understanding on
August 19, 2013 to collaborate in the development of the Enhanced Watershed
Management Program (EWMP) and Coordinated Integrated Monitoring Program (CIMP)
for the USCR Watershed; and
WHEREAS, the CIMP was submitted to the REGIONAL BOARD by the PARTIES
on June 27, 2014, approved on June 4, 2015, and revised in 2017; and
WHEREAS, the EWMP was submitted to the REGIONAL BOARD by the PARTIES
on June 25, 2015, revised on January 4, 2016, and approved on April 7, 2016; and
WHEREAS, the MS4 Permit requires the PARTIES to submit an updated EWMP
with an updated reasonable assurance analysis (RAA) by June 30, 2021; and
WHEREAS, the PARTIES propose to hire a consultant (CONSULTANT) as set
forth in Section 6(a) below, to implement certain requirements of the CIMP, EWMP, and
MS4 Permit, which for purposes of this MOA, may include, but not limited to, conducting
water quality monitoring, data analysis, preparation of reports, special studies, adaptive
management, RAA, revisions to the EWMP, CIMP, and other program components
outlined in each respective plan, report and/or study, and any necessary revisions in
compliance with the MS4 Permit; and
WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the
estimated costs of implementing certain requirements of the CIMP, EWMP and MS4
Permit and the preparation of reports, special studies, adaptive management, RAA,
revisions to the EWMP, CIMP, and other program components outlined in each respective
plan, report and/or study (collectively but not limited to herein as PROGRAM) as set forth
in Exhibit A, which is attached and made part of this MOA; and
WHEREAS, the PARTIES agree that each will assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit requirements despite
collaboration on the implementation of the PROGRAM.
WHEREAS, the PARTIES have determined that hiring a CONSULTANT to
implement the PROGRAM will be beneficial to the PARTIES, and they have agreed to
contribute funds to the CITY, who will act as a Project Administrator on behalf of the
PARTIES to contract with the CONSULTANT to implement certain requirements of the
PROGRAM; and
WHEREAS, the PARTIES will collaboratively prepare a Scope of Work (SOW) and
Request for Proposal (RFP) for a CONSULTANT to assist the PARTIES with
implementing the PROGRAM, as specified in the SOW, which is incorporated into this
MOA by reference; and
WHEREAS, the PARTIES have agreed that the total cost for implementing the
PROGRAM shall not exceed three million, ninety-seven thousand, seven hundred ten
($3,097,710), which includes a five percent (5%) project administration cost, a three
percent (3%) annual inflationary increase or applicable consumer price index, and a ten
percent (10%) contingency; and
WHEREAS, the costs of optional special studies identified in the SOW, as shown
in Exhibit A of this MOA, 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 MOA as necessary; and
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WHEREAS, other entities subject to their own NPDES Permit and/or named as
responsible PARTIES in any of the Total Maximum Daily Loads (TMDLs) for waterbodies
in USCR Watershed may participate in applicable portions of the CIMP by amendment to
this MOA, with the concurrence of the PARTIES;
WHEREAS, the CITY will act on behalf of the PARTIES as Project Administrator
of the Professional Services Agreement(s) with CONSULTANTS for the implementation
of the PROGRAM, as specified in Section 6(a); and
WHEREAS, the PARTIES entered into a Memorandum of Understanding (MOU)
on June 21, 2018 regarding the administration and cost sharing for implementing the
CIMP and necessary reports for the USCR and that MOU is set to expire on June 30,
2020; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows:
Section 1. Recitals. The recitals set forth above are incorporated into this MOA.
Section 2. Purpose. The purpose of this MOA is to cooperatively fund the
implementation of the PROGRAM for the USCR Watershed Area, 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 MOA.
Section 4. Voluntary. This MOA is voluntarily entered into for the implementation of
certain requirements of the PROGRAM.
Section 5. Term. This MOA shall become effective on the last date of execution by a
PARTY or July 1, 2020, whichever is sooner, and shall remain in effect for five (5) years.
Upon written approval of all PARTIES, the term of this MOA may be extended, as needed,
for the term of the anticipated 2020 NPDES MS4 Permit.
Section 6. City of Santa Clarita Responsibilities. The CITY agrees:
a. Consultant Services. To select a CONSULTANT for implementation of the
PROGRAM, and to administer the professional services agreement(s) with the
CONSULTANT in accordance with the SOW and RFP, and any subsequent
changes to the PROGRAM as agreed upon by the PARTIES and approved by the
REGIONAL BOARD. Such professional services agreement(s) include, but are
not limited to, preparation of reports, additional watershed -wide special studies,
monitoring with other watershed groups, conducting necessary special studies,
adaptive management, RAA, any necessary revisions to the program components
outlined in the EWMP and CIMP and/or conducting other collaborative activities
for the purpose of complying with the PROGRAM. The CITY will be compensated
for the administration of the CONSULTANT contract at a rate of five percent (5 %)
of each PARTY'S cost share as described in Table 1 of Exhibit A. The CITY will
comply with all procurement requirements applicable to said selection.
b. Access to LACFCD Facilities. To direct the CONSULTANT(s) to obtain any
necessary permits from LACFCD for access to and construction within LACFCD
storm drains, channels, catch basins, and similar properties (FACILITIES). The
CITY or the CONSULTANT(s) shall provide a written notice to the LACFCD 72
hours in advance of entry to the FACILITIES.
c. Report. To oversee the preparation and submittal of the reports to the REGIONAL
BOARD as described in the PROGRAM 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 ensure the PARTIES receive an electronic
copy of the draft and completed reports from the CONSULTANT, and ensure all
reports are submitted prior to their respective deadlines. 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.
d. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts
shown in Table 3 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 MOA by
all PARTIES. At the end of each monitoring year, any unused funds will be rolled
over and used towards future years of PROGRAM implementation.
e. Expenditure. To utilize the funds deposited by the PARTIES only for the
administration of the CONSULTANT professional services agreement(s) and the
implementation of the PROGRAM and necessary reports. The CITY will provide
an accounting of funds expended and remaining within 90 days after the end of
each monitoring year.
f. 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 3 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.
g. Termination. To provide an accounting upon termination of this MOA within 90
days of said termination. At the completion of the accounting, the CITY shall return
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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 2 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.
h. 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'S right of way may incur fees for review,
inspection, etc. Currently the Upper Santa Clara River is not required to install
permanent water quality infrastructure for monitoring locations. Funding for such
efforts will be appropriated at a future date, if necessary.
Section 7. Los Angeles County Flood Control District Responsibilities. 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, or any additional monitoring
required by the PROGRAM. Available information for the MES will be provided to
the City as needed to complete the required reporting.
b. Access to LACFCD Facilities. To assist the CITY and CONSULTANT(S) in
obtaining any necessary permits from LACFCD for access to and construction
within LACFCD storm drains, channels, catch basins, and similar properties
(FACILITIES) and to grant access to the PARTIES and their CONSULTANTS to
achieve the purposes of this MOA, provided the PARTIES and their
CONSULTANTS obtain a permit and provide written notice to the LACFCD 72
hours in advance of entry to the FACILITIES. Permits for construction or
installation of structures within LACFCD right of way will incur fees to cover the
cost of review, inspection, etc., by LACFCD.
c. 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
Program. 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 8. The PARTIES further agree:
a. Payment. To fund the cost of the implementation of certain requirements of the
PROGRAM, and to pay the CITY for their proportional share of the estimated cost
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for the implementation, and project administration not exceeding the amounts as
shown in Table 3 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 PROGRAM pursuant to new
REGIONAL BOARD requirements and/or unforeseen challenges in the field. Any
such changes proposed to the PARTIES' proportional share are subject to 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 MOA 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 PROGRAM.
c. Implementation. To assist with the preparation of the Annual Report as directly
related to the PROGRAM. Any requirements not agreed upon by the PARTIES to
be implemented by CONSULTANTS are the responsibility of individual agencies.
d. 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 MOA, to
each PARTY'S FACILITIES to achieve the purposes of this MOA, provided,
however, 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 PROGRAM.
e. 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
PARTY'S jurisdiction.
f. Additional Participants. The PARTIES agree that if any other entity wishes to
participate and cost share any element of the PROGRAM, an amendment to the
MOU will be drafted and will include an updated Table 3 based on updated cost
share formula contained in Table 2 of Exhibit A of this MOU and will be effective
upon execution of all the parties.
g. Additional Studies. The PARTIES agree that additional watershed -wide special
studies, monitoring with other watershed groups, conducting necessary special
studies, preparing grant applications (applicable to COUNTY and CITY only), any
necessary revisions to the PROGRAM, and/or conducting other collaborative
activities for the purpose of complying with the MS4 Permit may be funded by the
PARTIES subject to the terms of this MOA, provided that there are available
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excess contract funds or contingency funds available to fund these activities. Prior
to the performance of any such activities, all PARTIES must provide written
approval of the activities and a revised Exhibit A showing cost -share amounts to
each PARTY.
h. All PARTIES agree to assist CITY with all activities set forth in Section 7(g). All
PARTIES will be held responsible for reporting necessary information related to
their respective portions of the PROGRAM, or any documents related to additional
watershed -wide special studies, monitoring with other watershed groups,
conducting necessary special studies, and the preparation of grant applications.
Section 9. 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
(including reasonable attorney's and expert witness fees), arising from or
connected with, and in relative proportion to, its own negligence or willful
misconduct under this MOA; provided, however, that no PARTY shall indemnify
another PARTY for said other PARTY'S own negligence or willful misconduct.
b. If any of PARTY pays in excess of its pro rata share in satisfaction of any liability
arising out of the implementation of the PROGRAM, 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 PARTY'S own negligence or willful
misconduct.
c. 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.
d. To the maximum extent permitted by law, the CITY shall require the Consultant(s)
retained pursuant to this MOA 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 CITY. In addition, the
CITY 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 10. Termination and Withdrawal.
a. Termination. This MOA may be terminated upon the express written agreement
of all PARTIES. If this MOA 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 PROGRAM. 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. Withdrawal. Any PARTY may withdraw from this MOA 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 agreed upon implementation costs of the PROGRAM for the extent of
the effective term of this MOA.
c. Delinquent Party. 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 MOA. 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 MOA, then
that PARTY shall forfeit its rights to work completed through this MOA, 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.
Section 11. General Provisions.
a. Notices. Any notices, bills, invoices, or reports relating to this MOA, 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 (3) business day following mailing by registered or
certified mail (return receipt requested) to the addresses set forth in Exhibit B.
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b. Administration. For the purposes of this MOA, 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 MOA 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 MOA 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 MOA shall have power
to incur any debt, obligation, or liability on behalf of any other PARTY unless
expressly provided to the contrary by this MOA. 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 MOA 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 MOA without the
prior written consent of the other PARTIES.
e. Amendment. The terms and provisions of this MOA 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 Section 10(c),
or withdraws pursuant to Section 10(b).
Law to Govern. This MOA 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.
h. Severability. If any provision of this MOA shall be determined by any court to be
invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall
not be affected, and this MOA shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOA.
Entire Agreement. This MOA constitutes the entire agreement of the PARTIES
with respect to the subject matter hereof.
Waiver. Waiver by any PARTY to this MOA of any term, condition, or covenant of
this MOA shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any PARTY to any breach of the provisions of this MOA shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach
or violation of any provision of this MOA.
k. Counterparts. This MOA 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 MOA.
All PARTIES have been represented by counsel in the preparation and negotiation
of this MOU. Accordingly, this MOA 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 MOA as described in Section
11(e).
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOA to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
H
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COUNTY OF LOS ANGELES
MARK P. PESTRELLA
Director of Public Works
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
is
Deputy
Date
Date
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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
go
MARK P. PESTRELLA
Chief Engineer
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
LIM
Deputy
Date
Date
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CITY OF SANTA CLARITA
In
Kenneth W. Striplin
City Manager
APPROVED AS TO CONTENT:
Darren Hernandez
Deputy City Manager
APPROVED AS TO FORM:
In
Joseph M. Montes
City Attorney
Date
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EXHIBIT A
Upper Santa Clara River Watershed CIMP-EWMP
Table 1 Total Estimated MOA Costs
Variable Costs'
Monitoring
Program Management
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
$50,000
$50,000
$50,000
$50,000
$50,000
$250,000
Dry Weather Monitoring
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
$30,000
$30,000
$30,000
$30,000
$30,000
$150,000
Wet Weather Monitoring
$100,000
$100,000
$100,000
$100,000
$100,000
$500,000
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Source ID Additional
Monitoring
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
$25,000
$25,000
$25,000
$25,000
$25,000
$125,000
Reporting
$70,000
$70,000
$70,000
$70,000
$70,000
$350,000
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
QAPP, Health and Safety
$20,000
$3,000
$3,000
$3,000
$3,000
$32,000
.........................................................................................................._Plan......................................................................
...............................................................................................................................................................................................................................................................................................................................
Laboratory Analysis
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
$30,000
$30,000
$30,000
$30,000
$30,000
$150,000
Toxicity (Potential)
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
$125,000
$25,000
$25,000
$25,000
$25,000
$225,000
Monitoring Subtotal
$450,000
$333,000
$333,000
$333,000
$333,000
$1,782,000
Fixed Costs2
Project Management
$50,000
...............................................................................................................................................................................................................................................................................................................................................................................................
$50,000
$100,000
Update Work Plan
$150,000
$150,000
CIMP Update -
...............................................................................................................................................................................................................................................................................................................................................................................................
Review/Assess Monitoring
$15,000
$50,000
$65,000
Sites
CIMP Update - Review
...............................................................................................................................................................................................................................................................................................................................................................................................
$15,000
$15,000
Adaptive Management
...............................................................................................................................................................................................................................................................................................................................................................................................
CIMP Update - Other
New Requirements
$25,000
$25,000
Analysis
...............................................................................................................................................................................................................................................................................................................................................................................................
CIMP Update - Draft Doc,
$45,000
$45,000
Public Process, Final Doc
...............................................................................................................................................................................................................................................................................................................................................................................................
EWMP Update - data
$25,000
$25,000
review/WBPC
EWMP Update - existing
...............................................................................................................................................................................................................................................................................................................................................................................................
$75,000
$75,000
and new BMP assessment
EWMP Update - RAA
...............................................................................................................................................................................................................................................................................................................................................................................................
$150,000
$150,000
WMMS/SUSTAIN
EWMP Update - Cost
...............................................................................................................................................................................................................................................................................................................................................................................................
$50,000
$50,000
Estimate/Schedule
EWMP Update - Draft
...............................................................................................................................................................................................................................................................................................................................................................................................
Doc, Public Process, Final
$50,000
$50,000
$100,000
$200,000
Doc
Data, Meetings &
Reports Subtotal
$2005000.....................$500,00.0..........................$50,000.....................$150,000.....................................................$.0.....................$900,000....
14
Subtotal $650,000 $833,000 $383,000 $483,000 $333,000 $2,682,000
Project Administration
(5%) $32,500 $41,650 $19,150 $24,150 $16,650 $134,100
Annual Cost $682,500 $927,150 $349,650 $507150 $349,650 $2,816,100
....................................................................................................................................................................................................................................................................................................................................................................................................... .
Contingency (10%)5 $281,610
Total MOU Cost $3,097,710
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 MOA
4 — Estimated cost partly based on previous year costs plus 3% annual inflationary increase
5 — The CITY will notify the PARTIES if actual expenditures are anticipated to exceed the cost estimates
contained in Table 1 and obtain written approval of such expenditures from all PARTIES
15
Table 2 Cost Share Amount by Party and Percent Land Use
Party
Acres
Percent
of Area
202b-21'
2021227
2022-23,
2023 24
2024-25'
Term
Total
County of
Los Angeles
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
76,066
63%
$406,178
$520,532
$239,332
$301,821
$208,088
$1,675,951
City of
Santa
45,357
37%
$242,197
$310,385
$142,710
$179,971
$124,080
$999,344
Clarita
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
LACFCD
(5%)
N/A
N/A
$34,125
$43,733
$20,108
$25,358
$17,483
$140,805
Total
121,423
100%
$682,500
$874,650
$402,150
$507,150
$349,650
$2,816,100
Table 3 City of Santa Clarita Invoicing Schedule
21120-21� �
2521227
2522-23,
2523 24
2024-25 '
15-Year
Total w/
Party
Total
Cc+ntinceny2
I(nvoice''
Invoide
Invoice
I(n oice
Invoice
County of
Los Angeles
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
$406,178
$520,532
$239,332
$301,821
$208,088
$1,675,951
$1,843,546
City of Santa
Clarita
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
$242,197
$310,385
$142,710
$179,971
$124,080
$999,344
$1,099,278
LACFCD
$34,125
$43,733
$20,108
$25,358
$17,483
$140,805
$154,886
1 - Includes substantiated costs incurred
by the CITY for imolementina
certain reauirements of the CIMP
and MS4 Permit prior to execution of this MOA
2 - 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
16
EXHIBIT B
Upper Santa Clara River Watershed CIMP-EWMP
Responsible Agencies Representatives
1. County of Los Angeles
Department of Public Works
Stormwater Quality 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
2. Los Angeles County Flood Control District
Department of Public Works
Stormwater Quality 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
3. City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
Darren Hernandez, Deputy City Manager
E-mail: dhernandez@santa-clarita.com
Phone: (661) 259-2489
17