HomeMy WebLinkAbout2023-07-11 - AGENDA REPORTS - NPDESP MOA CONTRAgenda Item: 10
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
14)
CITY MANAGER APPROVAL: '
DATE: July 11, 2023
SUBJECT: MODIFICATION OF MEMORANDUM OF AGREEMENT WITH LOS
ANGELES COUNTY AND MODIFICATION OF CONTRACTS WITH
LARRY WALKER ASSOCIATES AND TETRA TECH INC
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
Amend Memorandum of Agreement with Los Angeles County and the Los Angeles County
Flood Control District.
2. Amend the existing contract with Larry Walker Associates to increase scope of work due to
increased National Pollutant Discharge Elimination System Permit requirements and
authorize an expenditure authority increase in the amount of $15,000 for a total contract
amount not to exceed $642,594.
3. Amend the existing contract with Tetra Tech Inc. to increase the scope of work due to the
increased National Pollutant Discharge Elimination System Permit requirements and
implement the Comprehensive Human Waste Source Reduction Strategy, and authorize an
expenditure authority increase in the amount of $401,996 for a total contract amount not to
exceed $1,312,991.
4. Authorize the City Manager or designee to execute all contracts and associated documents,
subject to City Attorney approval.
BACKGROUND
On October 13, 2020, the City Council approved a five-year Memorandum of Agreement
(MOA), and cost sharing between the City of Santa Clarita (City), Los Angeles County
(County), and the Los Angeles County Flood Control District (Flood Control District) to develop
and implement the Coordinated Integrated Monitoring Program (CIMP) and Enhanced
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Watershed Management Plan/Watershed Management Program (EWMP/WMP). These
documents are required for compliance with the Municipal Stormwater National Pollutant
Discharge Elimination System Permit (NPDES Permit).
After a competitive process, the City Council awarded two, three-year contracts with up to two
one-year extensions on June 22, 2021. One contract is for water quality monitoring to Tetra Tech
Inc. (Tetra Tech) in the amount of $910,993. The second contract is for NPDES Permit
compliance and reporting to Larry Walker Associates in an amount of $627,594. Although the
City administers the contracts related to this program, it is only responsible for 39 percent of the
associated costs. The remaining 61 percent is the responsibility of Los Angeles County.
This item for City Council consideration is a request to amend the existing MOA between the
City, County, and Flood Control District, in addition to the related contracts with Tetra Tech and
Larry Walker Associates.
Walker Associates
The Los Angeles Regional Water Quality Control Board approved a new NPDES Permit that
became effective on September 11, 2021. This new version of the NPDES Permit doubled the
reporting requirements that are the subject of the MOA. The requirement to increase reporting
was not known prior to approval of the current MOA. These changes doubled reporting
frequency and increased data collection and analyses that are performed with the Larry Walker
Associates contract. A proposal from Larry Walker Associates for the increased scope is
attached.
Tetra Tech
The new version of the NPDES Permit also required new monitoring obligations and changed
the way water quality monitoring is used to determine compliance. These changes have resulted
in more stringent reporting, water quality requirements, and source investigations. The changes
require increased water quality investigations that are performed with the Tetra Tech contract.
The City and County have made considerable progress in dry weather water quality from the
storm drain system. However, there have been difficulties in addressing intermittent, dry -weather
sources of bacteria. In order to address this concern, the new NPDES Permit requires a revised
approach, focused on targeted and aggressive source identification and removal of dry weather
flows. This approach requires amending the Tetra Tech contract to include a Comprehensive
Human Waste Source Reduction Strategy (CHWSRS).
The CHWSRS is a study and abatement program to identify high risk human sources of bacteria
and abate them if found. This effort will start with assessing the drainage area to MTD 1510
(drainage map attached) to identify and abate human sources of contamination that pose the
greatest risk to water quality. It will be important to investigate additional drainage areas as a
result of the more stringent bacteria requirements. Examples of abatement actions that could be
identified and implemented through the CHWSRS may include enforcement or removal of
leaking septic tanks; repair or replacement of leaking sewer pipes by the Sewer Maintenance
District; or addressing encampments of persons experiencing homelessness near the monitoring
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station. A proposal from Tetra Tech for the increased scope is attached.
Staff proposes to amend the Tetra Tech contract to implement CHWSRS, the Larry Walker
Associates contract to address reporting and data collection, and MOA amendments to address
these issues.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
With the requested amendments referenced in the recommended action, there will be adequate
funds in the existing budget appropriations.
ATTACHMENTS
MTD 1510 Drainage Map
Tetra Tech CHWSRS SOW Amendment
LWA SOW Amendment
USCR MOA Amendment, TSO and Scope (available in the City Clerk's Reading File)
USCR MOA Amendment, TSO and Scope- Redline (available in the City Clerk's Reading File)
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Attachment: MTD 1510 Drainage Map (MOA AND CONTRACT AMENDMENTS FOR
COORDINATED INTEGRATED
MONITORING PROGRAM)
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10.b
Upper Santa Clara River
Comprehensive Human Waste Source Reduction Strategy Scope of Work
Scope of Work for
CHWSRS Work Plan Development and Investigation Implementation
The Upper Santa Clara River (USCR) Watershed Management Group (WMG) has faced multiple challenges
achieving recreational water quality standards in the USCR and wasteload allocations within the Santa Clara River
Bacteria TMDL (Bacteria TMDL). To support existing efforts conducted under the USCR Watershed Management
Plan (WMP) and better protect public health and support recreational beneficial use goals, the USCR WMG began
developing a Comprehensive Human Waste Source Reduction Strategy (CHWSRS) Work Plan (Plan) in 2021. The
CHWSRS approach leverages recent advancements in the use of human markers and other diagnostic tools, as well
as an enhanced focus on targeted source control efforts, to protect recreational beneficial uses and make progress
towards compliance with associated water quality standards and Bacteria TMDL requirements. Strategy planning
began in 2021 with an initial prioritization and revised WMP language to set the stage for a more effective pathway to
improved public health through a reduction in high -risk human pathogen sources.
CHWSRS control measures conducted in parallel with implementation of the WMP will support USCR Bacteria TMDL
compliance and long-term WMP goals through an adaptive management process that incorporates significant
advances in the state of the science. Ongoing regulatory conversations within the region and the development of
implementation approaches such as CHWSRS by the USCR WMG provide support for policies that implement more
effective source control efforts. Completing the CHWSRS Work Plan on an accelerated timeline in 2023 will also
support regulatory discussions with the Los Angeles Regional Water Quality Control Board on the Bacteria TMDL
compliance schedule.
The goal of CHWSRS is to support the WMG better align implementation actions with the goal of reducing pathogen
health risk to recreators. The scope herein will build upon the preliminary catchment prioritization conducted in 2021
to develop a final CHWSRS Work Plan and initiate dry weather human waste source investigations (HWSIs) in Reach
6. This will be accomplished through the tasks outlined below.
TASK 1: PROJECT MANAGEMENT
Tetra Tech will follow established project management protocols and maintain regular communication with the City. The
task includes project initiation, scheduling, monthly invoicing, and progress reports, coordination with the City, and other
administrative tasks for the duration of this project. Mr. Tim Tringali will collaborate with Mr. Clint Boschen and Ms.
Shannon Quigley -Raymond to provide progress updates and attend monthly virtual coordination meetings. An initial
kickoff meeting will be held with the City to discuss the project schedule, coordination requirements, draft Work Plan
outline, and project objectives.
Deliverables:
• Monthly invoices and progress updates
• Kickoff call and monthly meetings
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Comprehensive Human Waste Source Reduction Strategy Scope of Work
TASK 2: CHWSRS WORK PLAN
The USCR CHWSRS Work Plan will prioritize identifying and abating high -risk human sources of pathogens to
support the focus on bacteria as a water quality priority for the USCR WMG. Tetra Tech will leverage the annotated
draft CHWSRS Work Plan outline developed in 2021 (included as Appendix A) and discussion during the kickoff call
to further develop and finalize the plan. The CHWSRS Work Plan will focus only on Reach 6 and emphasize dry
weather source identification and abatement activities.
Tetra Tech will incorporate additional data and complete refinements needed to develop the Work Plan. Additional
data from water quality monitoring conducted between July 2021 and December 2022 will be incorporated into the
prioritization. In addition, refinements to the MS4 catchments and network based on feedback on the initial
prioritization will be completed to develop the final Reach 6 prioritization and identify the prioritized catchments for
HWSIs. Tetra Tech will also develop an ESRI ArcGIS Online map to accompany the Work Plan and provide easy
access and navigation of the available data and layers. The GIS layers in the ArcGIS Online map will include MS4
network, major outfalls, inlets, water quality monitoring sites, and catchments.
Following the data additions and refined prioritization, Tetra Tech will develop a draft CHWSRS Work Plan. Following
WMG review, Tetra Tech will incorporate requested updates and edits from the draft in the final Work Plan. Along with
the clean final version, Tetra Tech will submit a track changes version with responses to comments in the document.
During the finalization of the Work Plan, a Sampling Analysis Plan (SAP) and Quality Assurance Project Plan (QAPP)
will be developed for the program. The overall source investigation approach will include a range of traditional and
non-traditional pathogen health risk indicators available to aggressively and effectively track and identify human waste
sources of pathogens. Physical, bacterial, viral, and/or chemical markers may be used to support source identification
efforts, and will be selected based on available knowledge for the areas of concern.
Deliverables:
• Draft Work Plan
• ESRI ArcGIS Online Reach 6 Catchment Maps
• Final Work Plan
• Draft SAP/QAPP
• Final SAP/QAPP
TASK 3: MEETING AND REGULATORY SUPPORT
During the investigation phase of the project, the WMG will be regularly informed of the status of the HWSI for each
AOI by way of updates at monthly WMG CIMP meetings or separate meetings. Validated data will be summarized
within a standard series of tables and charts and distributed to the WMG via the monthly meetings. It is assumed that
up to eight meetings will be supported by Tetra Tech in the first year.
On an as -needed basis, Tetra Tech will provide the City support for discussions or responses to comments related to
Bacteria TMDL compliance strategies. Tetra Tech will prepare presentations and provide content related to the HWSI
progress, high -risk based approach to bacteria and participate in up to two Regional Board meetings on the
CHWSRS Work Plan or Bacteria TMDL.
Deliverables:
• LA Regional Board regulatory engagement, comment, and meeting support
• Up to eight presentations at monthly meetings
TASK 4: HUMAN WASTE SOURCE INVESTIGATIONS
Tetra Tech will initiate HWSIs following the framework outlined in the CHWSRS Work Plan and will investigate up to
three dry weather AOIs. To begin, Tetra Tech will prepare a template reporting form (AOI Reporting Form) for each of
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Comprehensive Human Waste Source Reduction Strategy Scope of Work
the three targeted AOIs that will document existing information relevant to the AOI, support additional stakeholder
information requests needed to inform planning for each HWSI, and provide a summary of the monitoring plan. The
form will also be used for documenting the iterative progress of each AOI HWSI as field and laboratory data are
generated.
From the information compiled, any needed modifications to the catchment delineations will be completed and AOI-
specific monitoring plans will be finalized by Tetra Tech. The AOI monitoring plan will be documented in a simple and
streamlined way within the AOI Reporting Form to facilitate easy communication with the City and WMG regarding the
status of and approach to each HWSI. It is anticipated that up to three iterations of this plan will be needed for each
AOI to generally reflect the following phases of the investigation: Receiving Water, Outfall, and Catchment Level 1. In
addition, the maps developed as part of the CHWSRS Work Plan will be customized with AOI monitoring plan details
in ESRI ArcGIS Online. An ESRI Field Maps form will be developed for data collection via the mobile app as part of
the investigation. Data collected using the field form will include the status of flow at outfalls and connectivity of any
outfall flow to downstream receiving waters.
Following the finalization of the AOI-specific monitoring plan, Tetra Tech will prepare a LACFCD Access Permit
application as necessary and submit the corresponding permit fees to support the HWSI receiving water, outfall and
catchment phases for the three AOIs. Tetra Tech will then proceed with phased (i.e., receiving water, outfall, and
catchment) implementation, relying on the CHWSRS Work Plan -specified Action Levels to guide risk -based decision -
making about subsequent steps of the HWSI. Tetra Tech has established a preliminary set of assumptions regarding
the number of sample sites, monitoring events, HF183 analytical batches, and HF183 sample analysis rate for each
individual phase of the HWSI. These assumptions are documented in Table 1. Monitoring activities for the Receiving
Water, Outfall, and Catchment Levels are included in the Scope of Work. Due to the iterative nature of source
investigations and the fact that the outcome of monitoring associated with each phase of the HWSI is unknown at this
time, the assumptions documented in Table 1 will be closely monitored, and should changes be anticipated, Tetra
Tech will provide recommended adjustments.
Table 1. HWSI AOI Assumptions'
*r v� �vcnw is is v v v -
# of HF183 Batches 2 2 2 2
Notes:
1 Paired sampling for E. coli and HF183 will occur at all locations, with all E. coli samples analyzed.
2 75% of E. coli samples meet the USCR CHWSRS Work Plan trigger to analyze the paired HF183 samples
3 65% of E. coli samples meet the USCR CHWSRS Work Plan trigger to analyze the paired HF183 samples
4 Catchment Investigation levels 2-4 are not included in scope and fee. E. coli and HF183 samples will be
analyzed by contracted accredited analytical laboratories in accordance with specifications defined in the SAP/QAPP.
Upon receipt of analytical laboratory results, Tetra Tech will review the results for completeness and consistency with
the Data Quality Objectives specified in the SAP/QAPP. Tetra Tech will coordinate with the laboratories regarding any
data quality concerns. Tetra Tech will populate the AOI Reporting Forms with a brief Interim Data Summary upon
completing the Receiving Water, Outfall, and Catchment Level 1 Phases for each HWSI (nine total). It is assumed that
additional summaries will not be needed in subsequent catchment level phases based on decisions made in earlier
phases with respect to the monitoring results and to allow for timely progression of catchment level investigations. A
final data summary will be provided via the AOI Reporting Form after the completion of each HWSIs with laboratory
reports and data files in CEDEN-compatible format.
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Comprehensive Human Waste Source Reduction Strategy
Scope of Work
Assumptions
• Modifications to the catchment delineations will require minor adjustments rather than intensive large-scale
changes.
• One catchment investigation will require permitted confined space entry for sampling.
• The permit to access Los Angeles County Flood Control District (LACFCD) assets can be used for the
investigations, and no other access permits are required.
• See Table 1 for HWSI sample analysis and site assumptions.
• Tetra Tech will rent a -80C freezer for 1 year to store the HF183 filters after 1-year, unanalyzed filters will be
discarded or transferred to a location of the City's choice (i.e., alternate laboratory).
Deliverables
• LACFCD Permit Application
• AOI Report Form Template
• Field Maps App
• Interim Data Summaries for each AOI (receiving water, outfall and catchment level 1)
• Final Data Summary for each AOI
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Comprehensive Human Waste Source Reduction Strategy
The schedule is summarized in Table 2 below and is based on months from NTP.
1
2
2
3
3
4
4
4
Table 2. CHWSRS Work Plan and Investigation Implementation Schedule
Project Management
CHWSRS Work Plan
Meeting and Regulatory Support
Human Waste Source Investigations
10.b
Scope of Work
Invoice and Progress
Monthly
Report
Draft Work Plan
3 Months from NTP
Final Work Plan
4 Months from NTP
Draft SAP/QAPP
4 Months from NTP
Final SAP/QAPP
5 Months from NTP
As needed, 16 months
Meeting slides
from NTP
Talking points, comment
As needed, 16 months
responses
from NTP
LACFCD Access Permit
As applicable, 6 months
Application
from NTP
Investigations (3 AOIs)
16 months from NTP
Final Status Summaries
16 months from NTP
aTETRA TECH
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Comprehensive Human Waste Source Reduction Strategy
Scope of Work
Tetra Tech proposes to complete the work on a Time and Materials basis and will invoice monthly according to Tetra Tech standard invoicing
periods.
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Comprehensive Human Waste Source Reduction Strategy
DRAFT OUTLINE
Executive Summary
Table of Contents
List of Figures
List of Tables
Appendices
List of Acronyms and Abbreviations
1.0 Introduction
1.1. Purpose
• Discuss project purpose, goals, and desired outcomes
• Brief, big picture- human waste
1.2. Regulatory/Scientific Background
• SCR Bacteria TMDL
• Existing MS4 Permit
1.3. Relationship to the USCR WMP/CIMP
• Recent WIMP Update
o Bacteria Priority 1 (highest priority)
o New MS4 Permit
1.4. Progress/Work to Date
• Weekly bacteria sampling at Reach 6 and its two paired outfalls
• CIMP monitoring
1.5. Document Organization
• Brief summary and table summarizing how the work plan is organized
Scope of Work
2.0 Comprehensive Human Waste Source Reduction Strategy Steps
2.1. Monitoring and Assessment Framework
• Overview and Flow Chart
• Emphasize the following themes:
o Receiving water monitoring, followed by upstream investigations (as needed) to identify/abate
sources
o Prioritize areas with greatest REC use/risk
o Prioritize dry weather investigations to focus resources. Also, identify areas that would benefit
from near -term wet weather investigations
o Initial use for Catchment Prioritization and then adapt as necessary over time to refine the
prioritization and better target Source ID and abatement efforts based on data collected,
scientific advancements, regulatory updates, etc.
• Introduce conceptual site model/graphics depicting differences between dry and wet weather sources
and transport, and how that informs dry and wet weather investigation and abatement
• Introduce Catchment Prioritization approach
o Graphic that communicates the steps and individual components of the scoring. Discuss rationale
for the key components selected and how they're integrated (source composite scores, matrix
plots, and other factors)
o Discuss process for delineating catchments and data used
o Include table or writeup that briefly summarizes the major human sources considered (sewer exfil,
encampments, etc.), why they are important (utilize WIMP language, Bacteria TMDL etc.), data
used, current assumptions/limitations, and scoring methods
3.0 REC-1 Receiving Water Quality Condition Assessment
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TETRA TECH CHWSRS SOW Appendix A
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Comprehensive Human Waste Source Reduction Strategy
Scope of Work
Summarize Current Dry and Wet Weather Conditions
o Data analysis methods. Discuss parameters/data period used, analysis methods
o Summarize results. Reference CIMP annual report adaptive management language
Describe how the results were used in Catchment Prioritization. Include example maps to show
how we linked the receiving water results to catchments to assess connectivity and potential
impacts. Reference 303(d)/TMDL segments and overlay on maps
SCR Bacteria TMDL
Describe data gaps and refinements that can be used to support future prioritization and source
identification/abatement efforts
4.0 Upstream Water Quality Condition Assessment
• Summarize Dry and Wet Weather Conditions
• Include paired FIB/HF183 data analysis methods/results. Describe how the results were used in
Catchment Prioritization. Include example maps to show how we linked the Reach/Outfall results
to catchments to assess connectivity and potential impacts. Reference 303(d)/TMDL segments
and overlay on maps
o SCR Bacteria TMDL
Describe data gaps and refinements that can be used to support future prioritization and source
tracking/abatement efforts
5.0 Catchment Prioritization
5.1. Preliminary Catchment Prioritization Results
• Discuss changes based on adjustment factors
• WMA map that shows catchment prioritization rankings (considering dry and wet weather
separately)
6.0 Source Identification Monitoring
6.1. Human Waste Source Investigation Overview
• AOI Characterization
• Stakeholder Coordination
• Additional Data/Source Inventory
• Monitoring Strategy
o Toolbox
o Sites
o Timing
• Outcomes
7.0 Source Abatement
7.1. Enforcement and Source Abatement Actions
• Brief overview of key programs/strategies
• Include summary table
7.2. Outcomes
8.0 Performance Monitoring
8.1. Phase 3
• Source Inventory Updates
• Monitoring Activities
• HWSI Coordination and Investigation Close Out
• Outcomes
9.0 Work Plan Adaptation Process
• Allow for flexibility to adapt to changing conditions, resource allocation, progress, potential future
refinements due to regulatory/compliance pathway updates, etc.
• WMP and RAA updates. Discuss potential use of new indicators and compliance methods in the
future depending on regulatory decision -making.
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CHWSRS SOW Appendix A
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Progress Tracking and Verification (Performance Monitoring)
o Verification steps and collaboration needs
o Align with monitoring recommendations and Alternative Indicators
o Better incorporation of "risk" in the future to help streamline efforts
10.0 Reporting
10.1. Work Plan
10.2. Progress Updates Per Investigation
10.3. Annual Reporting and CEDEN EDDs
o Adaptive Management, every 2 years as part of the annual reporting
10.4. Monthly Bacteria TMDL Reports
o Weekly sampling
11.0 Continued Work
References
Scope of Work
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TETRA TECH CHWSRS SOW Appendix A
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LV�l�
February 16, 2023
LARRY WALKER
ASSOCIATES
Heather Merenda
City of Santa Clarita
Environmental Services Division
23920 Valencia Blvd.
Santa Clarita, CA 92355
hmerenda@santa-clarita.com
720 Wilshire Blvd
Suite 204
Santa Monica, CA 90401
Subject: Augment Request to Support Additional Reporting Requirements
Dear Ms. Merenda:
310.394.1036 10.0
infc@lwa.com
Iwa.com
The Los Angeles Regional Water Quality Control Board (Regional Board) has recently updated guidance
on how to complete Section 1.4, Water Body Pollutant Combination (WBPC) compliance analysis for the
Watershed Management Program (WMP) Progress Report. This new guidance increased the complexity
of the analysis compared to the previous response methodology. To effectively respond to this change,
Larry Walker Associates (LWA) is requesting an additional $15,000 be added to the original budget applied
over the remaining period of the contract titled Professional Services Agreement Between the City of Santa
Clarita and Larry Walker Associates for Coordinated Integrated Monitoring Plan Implementation and
Update dated June 22, 2021. The additional budget will give LWA sufficient resources for the added
complexity and hours that are now needed to complete this analysis in line with the updated Regional
Board guidance through the end of the contract on June 30, 2024.
This augment will be added to Task 003, Reporting, as indicated in the table below. On approval, the
budget amounts, budget remaining, and % spent for each task will be updated and reflected on the
following monthly invoice.
Task
Number
Task Name
Task Budget
(6/22/2021)
Additional Task
Budget
(2/16/23)
Updated
Budget
001
Program Management
$63, 825
-
$63, 825
002
Source ID Additional Monitoring
$35,030
-
$35,030
003
Reporting
$172,850
$15,000
$187,850
004
Updating Program
$55,889
-
$55,889
005
Special Studies
$300,000
-
$300,000
Total
$627,594
$15,000
$642,594
Please feel free to contact me at (949) 235-4621 should you have any questions.
Cordially,
David Vilas
Senior Scientist
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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
1
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
2
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
4
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
5
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
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.
The PARTIES agree to implement the Comprehensive Human
Waste Source Reduction Strategy (CHWSRS) with CONSULTANT
to support compliance with the MS4 Permit. The expense will be paid
for by line item of Exhibit A "Variable Costs: Monitoring. Source ID -
Additional Monitoring" and the 10% contingency budget.
ii. The PARTIES agree to support conceptual design, design and
construction of infrastructure required to comply with the Total
Maximum Daily Load for E. coli in the Los Angeles County section of
the Santa Clara River watershed. This includes infrastructure
required to meet the final dry weather waste load allocation in Reach
6. Exhibit A has been revised to reflect this change.
iii. The PARTIES agree to pay California Stormwater Quality
Association (CASQA) regional membership dues, starting at $9,900
and allowing for increases as CASQA determines each year going
forward. The expense will be paid for by line item of Exhibit A "Fixed
Costs. CIMP Update - Other New Requirements Analysis" and the
10% contingency budget.
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
0
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.
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:
10
COUNTY OF LOS ANGELES
MARK P. PESTRELLA
Director of Public Works
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
:r
Deputy
Date
Date
11
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
MARK P. PESTRELLA
Chief Engineer
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
LIM
Deputy
Date
Date
12
CITY OF SANTA CLARITA
Im
Kenneth W. Striplin
City Manager
APPROVED AS TO CONTENT:
Darren Hernandez
Deputy City Manager
APPROVED AS TO FORM:
Joseph M. Montes
City Attorney
Date
13
EXHIBIT A
Upper Santa Clara River Watershed CIMP-EWMP
Table 1 Total Estimated MOA Costs
2020-21
2021-22
2022-23
2023-24
2024-25
5 Years
Deliverables
Estimated
Estimated
Estimated
Estimated
Estimated
Estimated
COSt3
COSt4
COSt4
COSt4
COSt4
Cost
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
$25,000
$25,000
$25,000
$25,000
$25,000
$125,000
Monitoring
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
$200,000
$500,000
$50,000
$150,000
$0
$900,000
14
Deliverables
2020-21
Estimated
COSt3
2021-22
Estimated
COSt4
2022-23
Estimated
COSt4
2023-24
Estimated
COSt4
2024-25
Estimated
COSt4
5 Years
Estimated
Cost
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
2020-21
2021-22
2022-23
2023-24
2024-25
Term
of Area
Total
County of
76,066
63%
$406,178
$520,532
$239,332
$301,821
$208,088
$1,675,951
Los Angeles
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
City of
Santa
45,357
37%
$242,197
$310,385
$142,710
$179,971
$124,080
$999,344
Clarita
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
LACFCD
N/A
N/A
$34,125
$43,733
$20,108
$25,358
$17,483
$140,805
5%
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
Party
2020-21'
2021-22
2022-23
2023-24
2024-25
5-Year
Total
Total w/
Contingency2
Invoice
Invoice
Invoice
Invoice
Invoice
County of
$406,178
$520,532
$239,332
$301,821
$208,088
$1,675,951
$1,843,546
Los Angeles
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
City of Santa
$242,197
$310,385
$142,710
$179,971
$124,080
$999,344
$1,099,278
Clarita
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
LACFCD
1 $34,125
1 $43,733
1 $20,108
1 $25,358
1 $17,483
1 $140,805
1 $154,886
1 - Includes substantiated costs incurred by the CITY for implementing certain requirements 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, 11 th 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, 11 th 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
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
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
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
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. Subjectto 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.
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
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 anotherto 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 Cl MP 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.
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
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.
i. The PARTIES agree to implement the Comprehensive Human
Waste Source Reduction Strategy (CHWSRS) with CONSULTANT
to support compliance with the MS4 Permit. The expense will be paid
for by line item of Exhibit A "Variable Costs: Monitoring. Source ID -
Additional Monitoring" and the 10% contingency budget.
ii. The PARTIES agree to support conceptual design, design and
construction of infrastructure required to comply with the Total
Maximum Daily Load for E. coli in the Los Angeles County section of
the Santa Clara River watershed. This includes infrastructure
required to meet the final dry weather waste load allocation in Reach
6. Exhibit A has been revised to reflect this chance.
iii. The PARTIES agree to pay California Stormwater Quality
Association (CASQA) regional membership dues, starting at $9,900
and allowing for increases as CASQA determines each year going
forward. The expense will be paid for by line item of Exhibit A "Fixed
Costs. CIMP Update - Other New Requirements Analysis" and the
10% contingency budget.
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.
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
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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.
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).
f. 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.
i. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES
with respect to the subject matter hereof.
j. 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.
I. 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:
10
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
11
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
MARK P. PESTRELLA
Chief Engineer
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By
Deputy
Date
Date
12
CITY OF SANTA CLARITA
By
Kenneth W. Striplin Date
City Manager
APPROVED AS TO CONTENT:
By jerrid McKenna .......................................... Deleted: Darren Herhandez
Qirector of Neighborhood Services ........................................................................................................................ Deleted: Deputy City Manager
APPROVED AS TO FORM:
By
Joseph M. Montes
City Attorney
13
EXHIBIT A
Upper Santa Clara River Watershed CIMP-EWMP
Table 1 Total Estimated MOA Costs
2020-21
2021-22
2022-23
2023-24
2024-25
5Years
Deliverables
Estimated
Estimated
Estimated
Estimated
Estimated
Estimated
Cost,
COSt4
COSt4
COSt4
COSt4
Cost
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
$25,000
$25,000
$25,000
$25,000
$25,000
$125,000
Monitoring
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 &
$200,000
$500,000
$50,000
$150,000
$0
$900,000
Reports Subtotal
14
Deliverables
2020-21
Estimated
Cost,
2021-22
Estimated
COSt4
2022-23
Estimated
COSt4
2023-24
Estimated
COSt4
2024-25
Estimated
COSt4
5Years
Estimated
Cost
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
Contingency10% e
( )
$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
2020-21
2021-22
2022-23
2023-24
2024-25
Term
of Area
Total
County of
76,066
63%
$406,178
$520,532
$239,332
$301,821
$208,088
$1,675,951
Los Angeles
City of
Santa
45,357
37%
$242,197
$310,385
$142,710
$179,971
$124,080
$999,344
Clarita
LACFCD
N/A
N/A
$34,125
$43,733
$20,108
$25,358
$17,483
$140,805
5%
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
Party
2020-21'
2021-22
2022-23
2023-24
2024-25
5-Year
Total
Totalw/
Contingencyz
Invoice
Invoice
Invoice
Invoice
Invoice
County of
$406,178
$520,532
$239,332
$301,821
$208,088
$1,675,951
$1,843,546
Los Angeles
City of Santa
$242,197
$310,385
$142,710
$179,971
$124,080
$999,344
$1,099,278
Clarita
LACFCD
$34,125
$43,733
$20,108
$25,358
$17,483
$140,805
$154,886
1 - Includes substantiated costs incurred by the CITY for implementing certain requirements 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
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
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
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
17