HomeMy WebLinkAbout2025-06-24 - AGENDA REPORTS - MODIFY MOA LACO FLOOD DISTAgenda Item: 11
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: Li
'
DATE: June 24, 2025
SUBJECT: MODIFICATION OF MEMORANDUM OF AGREEMENT WITH
THE COUNTY OF LOS ANGELES AND THE LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
Amend the existing Memorandum of Agreement with the County of Los Angeles and the Los
Angeles County Flood Control District for National Pollutant Discharge Elimination System
Permit compliance to extend the term by one year with a new expiration date of June 30,
2026.
2. Appropriate $349,650 for Fiscal Year 2025-26 from the Stormwater Fund Balance (Fund
356) to Stormwater Professional Services Expenditure Account 3567200-516102, and
increase Miscellaneous Revenues Account 356-462101 by $220,803.
3. 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), County of Los Angeles
(County), and the Los Angeles County Flood Control District (Flood Control District) to develop
and implement the Coordinated Integrated Monitoring Program (CIMP) and Enhanced
Watershed Management Plan/Watershed Management Program (EWMP/WMP).
The MOA allows the City and County to implement the requirements of the Municipal
Stormwater National Pollutant Discharge Elimination System Permit (NPDES Permit) on a
watershed scale through customized strategies, control measures, and best management
practices.
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Separately, in order to complete the water quality monitoring and reporting required by the
NPDES Permit, the City Council previously awarded two contracts on June 22, 2021, each for a
term of five years. The first contract, with Larry Walker Associates, provides technical analysis
and supports the implementation of the EWMP. The second contract, with Tetra Tech, covers the
water quality monitoring required under the CIMP. Both contracts are set to expire on June 30,
2026.
If approved, this item will amend the existing MOA between the City, County, and Flood
Control District by extending its term for one additional year, aligning its expiration with that of
the Larry Walker Associates and Tetra Tech contracts, and continuing the cost -sharing
arrangement.
For Fiscal Year 2025-26, the total estimated cost of this effort will be $349,650. The City of
Santa Clarita is responsible for administering the contracts. Per terms of the cost sharing
agreement in the MOA, the City will be reimbursed $203,320 by the County of Los Angeles and
$17,483 by the Los Angeles County Flood Control District, for a total amount of $220,803. The
City's share for FY 2025-26 is $128,847.
The MOA was developed jointly by the City, County, and Flood Control District to distribute the
costs of these contracts, thereby reducing each party's financial obligations. These efforts ensure
that the City remains in compliance with the NPDES Permit.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Upon approval of the recommended actions, the budget in Stormwater Expenditure Account
3567200-516102 will increase by $349,650, and Miscellaneous Revenue Account 356-462101
will increase by $220,803, representing the cost share reimbursement from the County of Los
Angeles and the Los Angeles County Flood Control District.
ATTACHMENTS
Original MOA
USCR MOA Amendment 3 - Exhibit A.1
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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 o
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
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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
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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 Q
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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 p
PROGRAM shall not exceed three million, ninety-seven thousand, seven hundred ten 2
($3,097,710), which includes a five percent (5%) project administration cost, a three Q
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 p
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 E
amendment to this MOA as necessary; and
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WHEREAS, other entities subject to their own NPDES Permit and/or named as
responsible PARTIES in any of the Total Maximum Daily Loads (TMDLs) for waterbodies
in USCR Watershed may participate in applicable portions of the CIMP by amendment to
this MOA, with the concurrence of the PARTIES;
WHEREAS, the CITY will act on behalf of the PARTIES as Project Administrator
of the Professional Services Agreement(s) with CONSULTANTS for the implementation
of the PROGRAM, as specified in Section 6(a); and
WHEREAS, the PARTIES entered into a Memorandum of Understanding (MOU)
on June 21, 2018 regarding the administration and cost sharing for implementing the
CIMP and necessary reports for the USCR and that MOU is set to expire on June 30,
2020; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows:
Section 1. Recitals. The recitals set forth above are incorporated into this MOA.
Section 2. Purpose. The purpose of this MOA is to cooperatively fund the
implementation of the PROGRAM for the USCR Watershed Area, and to coordinate the
payment and performance of the monitoring and reporting services.
Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain
the purposes of this MOA.
Section 4. Voluntary. This MOA is voluntarily entered into for the implementation of
certain requirements of the PROGRAM.
Section 5. Term. This MOA shall become effective on the last date of execution by a
PARTY or July 1, 2020, whichever is sooner, and shall remain in effect for five (5) years.
Upon written approval of all PARTIES, the term of this MOA may be extended, as needed,
for the term of the anticipated 2020 NPDES MS4 Permit.
Section 6. City of Santa Clarita Responsibilities. The CITY agrees:
a. Consultant Services. To select a CONSULTANT for implementation of the o
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 p
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 Q
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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 o
anticipated to exceed the cost estimates contained in Table 1 of Exhibit A and 2
obtain written approval of such expenditures from all PARTIES. Upon approval, o
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. p
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 Q
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any unused portion of all funds deposited with the CITY within 180 days of said
termination in accordance with the cost allocation formulas set forth in Table 2 of
Exhibit A. Subject to agreement by the CITY, any funds which are to be reimbursed
to a PARTY may be reimbursed through credits towards future invoices and
agreements, if requested in writing by that PARTY.
h. Permit. To make a full -faith effort to work with the PARTIES and their
CONSULTANTS to obtain all necessary permits for installation of permanent
infrastructure or modifications to monitoring sites, and subsequent access during
monitoring events and maintenance. Permits required for construction or
installation of structures in a PARTY'S right of way may incur fees for review,
inspection, etc. Currently the Upper Santa Clara River is not required to install
permanent water quality infrastructure for monitoring locations. Funding for such
efforts will be appropriated at a future date, if necessary.
Section 7. Los Angeles County Flood Control District Responsibilities. The
LACFCD agrees:
a. LACFCD Mass Emissions Station (MES) Monitorina. 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 z
incorporated and submitted to the REGIONAL BOARD as described in the o
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. p
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 Q
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for the implementation, and project administration not exceeding the amounts as
shown in Table 3 of Exhibit A, within sixty (60) days of receipt of the invoice from
the CITY. The cost estimates presented in Exhibit A have been agreed upon by
the PARTIES and are subject to changes in the PROGRAM pursuant to new
REGIONAL BOARD requirements and/or unforeseen challenges in the field. Any
such changes proposed to the PARTIES' proportional share are subject to funding
appropriation and will require written agreement of the PARTIES.
b. Documentation. To make a full -faith effort to cooperate with one another to achieve
the purposes of this MOA by providing all requested information and
documentation in their possession and available for release to the CITY and its
CONSULTANT, that is deemed necessary by the PARTIES to implement certain
requirements of the PROGRAM.
C. ImDlementation. 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 0
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 o
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 p
studies, monitoring with other watershed groups, conducting necessary special
studies, preparing grant applications (applicable to COUNTY and CITY only), any E
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 2
PARTIES subject to the terms of this MOA, provided that there are available Q
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excess contract funds or contingency funds available to fund these activities. Prior
to the performance of any such activities, all PARTIES must provide written
approval of the activities and a revised Exhibit A showing cost -share amounts to
each PARTY.
h. All PARTIES agree to assist CITY with all activities set forth in Section 7(g). All
PARTIES will be held responsible for reporting necessary information related to
their respective portions of the PROGRAM, or any documents related to additional
watershed -wide special studies, monitoring with other watershed groups,
conducting necessary special studies, and the preparation of grant applications.
Section 9. Indemnification.
a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY,
including its special districts, elected and appointed officers, employees, agents,
attorneys, and designated volunteers from and against any and all liability,
including, but not limited to demands, claims, actions, fees, costs, and expenses
(including reasonable attorney's and expert witness fees), arising from or
connected with, and in relative proportion to, its own negligence or willful
misconduct under this MOA; provided, however, that no PARTY shall indemnify
another PARTY for said other PARTY'S own negligence or willful misconduct.
b. If any of PARTY pays in excess of its pro rata share in satisfaction of any liability
arising out of the implementation of the PROGRAM, such PARTY shall be entitled
to contribution from each of the other PARTIES; provided, however, that the right
of contribution is limited to the amount paid in excess of the PARTY's pro rata
share and provided further that no PARTY may be compelled to make contribution
beyond its own pro rata share of the entire liability; and provided that no PARTY
shall indemnify another PARTY for that PARTY'S own negligence or willful
misconduct.
c. The PARTIES agree that any liability borne by or imposed upon any PARTY or
PARTIES hereto as a result of this MOU that is not caused by or attributable to the
negligence or willful misconduct of any PARTY shall be fully borne by all the
PARTIES in accordance with their pro rata cost share, as set forth in CIMP MOU.
d. To the maximum extent permitted by law, the CITY shall require the Consultant(s) o
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 p
(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 Q
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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. Delinauent Partv. 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 2t
request, demand, statement, or other communication required or permitted o
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 o
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 E
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. Q
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b. Administration. For the purposes of this MOA, the PARTIES hereby designate as
their respective PARTY representatives the persons named in Exhibit B. The
designated PARTY representatives, or their respective designees, shall administer
the terms and conditions of this MOA on behalf of their respective PARTY. Each
of the persons signing below on behalf of a PARTY represents and warrants that
he or she is authorized to sign this MOA on behalf of such PARTY.
c. Relationship of the Parties. The PARTIES are, and shall remain at all times as to
each other, wholly independent entities. No PARTY to this MOA shall have power
to incur any debt, obligation, or liability on behalf of any other PARTY unless
expressly provided to the contrary by this MOA. No employee, agent, or officer of
a PARTY shall be deemed for any purpose whatsoever to be an agent, employee,
or officer of another PARTY.
d. Binding Effect. This MOA shall be binding upon, and shall be to the benefit of the
respective successors, heirs, and assigns of each PARTY; provided, however, no
PARTY may assign its respective rights or obligations under this MOA without the
prior written consent of the other PARTIES.
e. Amendment. The terms and provisions of this MOA may not be amended,
modified, or waived, except by an instrument in writing signed by all non -delinquent
PARTIES. For purposes of this subsection, a PARTY shall be considered
delinquent if that PARTY fails to timely pay an invoice as required by Section 10(c),
or withdraws pursuant to Section 10(b).
Law to Govern. This MOA is governed by, interpreted under, construed and
enforced in accordance with the laws of the State of California.
g. No Presumption in Drafting. The PARTIES to this Agreement agree that the
general rule that an Agreement is to be interpreted against the PARTY drafting it,
or causing it to be prepared shall not apply.
h. Severability. If any provision of this MOA shall be determined by any court to be a
invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall p
not be affected, and this MOA shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOA. o
i. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES
with respect to the subject matter hereof.
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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. 0
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. Q
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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:
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COUNTY OF LOS A GELES
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Director of Pubi 0
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MARY C. WICKHAM
County Counsel
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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
'-,MARK P. PESTI�EtLA_
---Chief Engineer
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
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CITY OF SANTA CLARITA
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Kenneth W. Striplin
City Manager
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Jerrie-rvfcKenna
Interim Director of Neighborhood Services
APPROVED AS TO FORM:
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City Attorney
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DocuSign Envelope ID: FFB67530-8860-40DF-AO4B-OE646B661OC2
EXHIBIT A.1
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
Cost
Cost°
Cost"
Cost4
Cost°
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 Monitoring
$25,000
$25,000
$25,000
$25,000
$25,000
$125,000
Reporting
$70,000
$70,000
$70,000
$70,000
$70,000
$350,000
QAPP, Health and Safety Plan
$20,000
$3,000
$3,000
$3,000
$3,000
$32,000
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
w
$225,000
Monitoring Subtotal
$450,000
$333,000
$333,000
$333,000
$333,000
$1,782,000
Fixed CostsZ
Plan Updates
$100,000
Project Management
$50,000
$50,000
Update Work Plan
$150,000
$150,000
$65,000
CIMP Update - Review/Assess
$15,000
$50,000
Monitoring Sites
CIMP Update - Review Adaptive
$15,000
$15,000
Management
$25,000
CIMP Update - Other New
$25,000
Requirements Analysis
CIMP Update - Draft Doc, Public
$45,000
$45,000
Process, Final Doc
EWMP Update - Data Review/WBPC
$25,000
$25,000
EWMP Update - Existing and New
$75,000
$75,000
BMP Assessment
EWMP Update - RAA WMMS/Sustain
$150,000
$150,000
EWMP Update - Cost
$50,000
$50,000
Estimate/Schedule
EWMP Update - Draft Doc, Public
$50,000
$50,000
$100,000
$200,000
Process, Final Doc
Data, Meetings & Reports Subtotal
$350,000
$360,000
$50,000
$150,000
$0
$900,000
Subtotal
$800,0001
$683,000'
$383,0001
$483,0001
$333,000 $2,682,000
City of Santa Clarita Admin (5%)l
$40,0001
$34,150 $19,150
$24,150 $16,650' $134,100
Total MOU Cost $840,0001
$717,1501 $402,1501
$507,150 $349,6501 $2,816,100
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
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DocuSign Envelope ID: FFB67530-8860-40DF-A04B-OE646B6610C2
Table 2 Cost Share Amount by Party and Percent Land Use
Party
Acres
Percent
2020-21
2021-22
2022-23
2023-24
2024-26
Term
of Area
Total
County of
Los Angeles
_ _._
76,066
63%
$499,911
$426,799
$239,332
.....
$301,821
......
$208,088
$1,675,951
_ . ....
City of
Santa
45,357
37%
$298,089
$254,494
$142,710
$179,971
$124,080
$999,344
Clarita
LACFCD
(5%)
N/A
N/A
$42,000
$35,858
$20,108
$25,358
$17,483
$140,805
$840,000
$717,150
$402,150
$507,150
$349,650
$2,816,100
Total
121,423
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/
Contingency
2
Invoice
Invoice
Invoice
Invoice
Invoice
County of Los
$499,911
$426,799
$239,332
$301,821
$208,08
$1,675,95
$1,843,546
Angeles
8
1
$999,344
City of Santa
298,089
_....._........_...._
$254,493
�
$142,710
_�_ ..-..._...__.
$179,971
$124,08
$1,099,278
Clarita
..........................._.............................
0
_
LACFCD
$42,000
$35,858
$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
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DocuSign Envelope ID: FFB67530-8860-40DF-AO4B-OE646B661OC2
EXHIBIT B.1
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
2. Los Angeles County Flood Control District
Department of Public Works
Stormwater Quality Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Paul Alva, Division Head
E-mail: palva@dpw.lacounty.gov
Phone: (626) 458-4325
3. City of Santa Clarita
23920 Valencia Boulevard
Santa Clarita, CA 91355
Jerrid McKenna, Interim Director of Neighborhood Services
E-mail: jmckenna@santa-clarita.com
Phone: (661) 255-4921
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THIRD AMENDMENT
TO THE AGREEMENT z
BETWEEN a
c�
THE CITY OF SANTA CLARITA z
AND 0
O
Los Angeles County and Los Angeles County Flood Control District z
FOR 0
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 THIRD AMENDMENT ("Amendment") is made by and between the CITY OF SANTA
CLARITA, a general law city and municipal corporation existing under the laws of California
("CITY"), Los Angeles County ("COUNTY") and Los Angeles County Flood Control District
("LACFCD"), and relates to that certain Memorandum of Agreement dated for
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 ([as amended to date, ][insert if
applicable] the "Agreement').
1. The Agreement is hereby amended as follows (check as applicable; cross -out or delete
what is not applicable) :
X The term of the Agreement is hereby extended through 6/30/2026
❑ The maximum amount payable to CONSULTANT is hereby increased from
$ to $
X The scope of work or services under the Agreement is hereby amended to also
include the matters described in Exhibit A.1 attached hereto and incorporated herein
by this reference.
2. Amend Exhibits A.1 to the agreement to read as follows:
"EXHIBIT A.1
Upper Santa Clara River Watershed CIMP-EWMP
Page 1 of 6
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Table 1 Total Estimated MOA Costs
2020-21
2021-22
2022-23
2023-24
2024-25
2025-26
6 Years
Deliverables
Estimated
Estimated
Estimated
Estimated
Estimated
Estimated
Estimated
Costa
Cost
Cost
Cosh
Cosh
Cost4
Cost
Variable Costs'
-------------------------------------
Monitoring
...................................................
-----------------
----------------
........
----------------
...... ---.----
-
......--- .-- -
...... --- ----
...... - --- -
............
Program Management
$50,000
$50,000
$50,000
$50,000
$50,000
$50,000
$300,000
--------------------------- ----- -------
ary Weather Monitoring
-----------------
$30,000
----------------
$30,000
----------------
$30,000
---------------
$30,000
---------------
$30,000
------ --- ------
$30,000
-----------------
$180,000
.....................................g
Wet Weather Monitorin
-----S----a---u---r--c--e----I--D--
$100,000
$100'000
----------------------6
---0--0
$100,000
$100,000
$100,000
$100'000
$600,000
66-b
---A---d----d--i--t-i-o---n---a---M--o---n---i-t--o--r--i-n---g--
Reporting Reporting-
---------------------------------------
---------------------------------- -
$70,000
--------- --- -----
-
$70,000
----------------
----------------
$70,000
----------------
--------------0 -
$70,000
---------------
-------------0--6-
$70,000
---------------
-----------0--0-0-
$70,000
---------------
$420,000
-----------------
QAPP, Health and Safety Plan
$20,000
$3,000
$3,000
$3,000
$3,000
$3,000
$35,000
--------------------------------------
Laboratary Analysis
---------------------------------------
------------------
$30,000
-----------------
----------------
$30,000
-------------- --
----------------
$30,000
----------------
---------------
$30,000
---------------
---------------
$30,000
---------------
---------------
$30,000
---------------
-----------------
$180,000
-----------------
Toxicity (Potential)
--------------------------------------
$125,000
------------------
$25,000
----------------
$25,000
----------------
$25,000
---------------
$25,000
---------------
$25,000
---------------
$250,000
-----------------
Monitorin Subtotal
$450:000
$333,000
$333:000
$333000
#333,000
$333,000
12A15000
Fixed Costs
- ----- -- -------------------------------
-----------------
----------------
----------------
---------------
---------------
---------------
-----------------
Klan Updates
--------------------------------------
------------------
----------------
----------------
---------------
---------------
---------------
-----------------
Praject Management
---------------------------------------
$50,000
-----------------
$50,000
----------------
----------------
---------------
---------------
---------------
$100,000
-----------------
Update Work Plan
--------------------------------------
$150,000
------------------
----------------
----------------
---------------
---------------
---------------
$150,000
-----------------
CIMPUpdate - Review IAssess
$15,000
$50,000
$65,000
ManikaringSikes
................
CIMP Update - Review Adaptive
$15 000
$15 000
--------- Manes ement
---------- --�-------
-e
------------------
----------------
----------------
---------------
---------------
---------------
-----------------
GIMP U--pd--at-- Other New
25,000
$25,000
-------------Requirements Analysis
-----------------
---------------
----------------
---------------
---------------
---------------
-----------------
CIMP Update - draft Doc, Public
$45,000
$45,000
-------------- Process, Final Doc
------ -- -- - ---- ---------
------------------
----------------
----------------
---------------
---------------
---------------
-----------------
EWMPUpdate -Data
$25,000
$25,000
RevieWWBPC
- E-%WrMP-Upda-te-----E-s-is--ti-n-g--a--n-d-N-e--w-
-----------------
----------------
$75,000
----------------
---------------
---------------
---------------
-----------------
$75,000
BMP Assessment
EWMP Update - RAA
$150,000
$150,000
WMMS?Sustain
-----------------WM----------------------
-----------------
----------------
----------------
---------------
---------------
---------------
-----------------
EP Update -Cast
$50,000
$50,000
EstimakelSohedule
----------- -a------------------------
Public
EWMPUpdate -Drafts,
------------------
----------------
50,000
----------------
$50,000
---------------
$100,000
---------------
---------------
-----------------
$200,000
Final
Process, Final Doc
--------------------- - - -- --- - - --
-------------- - --
------------ - - --
----------------
-
---- ----
------
---------------
---------------
-----------------
Data: Meetings I Reports
#350r000
$350,000
#50,000
#150,000
$0
$0
$900.00o
Subtotal
Subtotal;
$800,000I
$683,000I
$383,0001
$483,000;
$333:000
$333:000!
$3,015,000:
City of Santa Clarita Admin
I
[5xli
$40,000
$34,150
$19,150
$24,150i
$16,650
$16,650
150,750
Annual Cost
$840,000;
$717,150;
$402,150;
$507,150I
$349,650:
$349,650;
$3.165.750
Contingency (10 ) s
Total MIOA Cost
$316,575
$3,482,325
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 MCA
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
Page 2 of 6
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Table 2. Cost Share Amount by Party and Percent Land Use
Acres Prior
2020-21
2021-22
Acres After
2022-23
2023-24
2024-25
2025-26
Term Total
Party
to November
percent of
November
percent of
2022
Area
Estimated
Estimated
2022
Area
Estimated
Estimated
Estimated
Estimated
Cast
Cost
Cast
Cast4
Cost'
Cost'
MOU COst
................................................................................................................................................................
County ofLos Angeles
7608E
63%
$499,911
$426,799
74323
....................................................................................................................................
61%
5233,848
$294,905
$203,320
S203,320
$1,884,039
City of Santa Clarita
45357
37%
$298,089
$254,494
47100
39%
$148,194
$186,887
$128,848
S128,848
$1,123,424
......................................................................................................................................................................................................................................................................
LACFCO 5%
N!A
$42,000
$35,853
WA
$20,108
$25,358
$17,483
S17483
..........
S158266....
Total
121423
100%
$840,999
5717,150
121423
1 100%
t $402,1501
$597,1 SDI
f349,650
9349,650
93,165,750
Table 3. City of Santa Clarita Invoicing Schedule
Party
2020-21'
2021-22
2022-23
2023-24
2024-25
2026-26
6-Year Total
Total wI
Contingency
Invoice
Invoice
Invoice
Invoice
Invoice
Invoice
County of Las Angeles
$499,911
$426,799
S233,848
$294,905
$203,320
$203,320
S1 862,102
S2 048,312.48
City of Santa Clarita
--------------------------------------
298,089
----------- -- - - -
$254,494
--------- - - - --
$148,194
-
$186,887
------- - - - -- - -
- ----------
$128,848
-------- - -- - -
$128,848
-------- - ------- -
$1 145,360
--------- -- ------- -
51.259,89627
----------- - --- -- -
L4CFCO
$42,Oflfl
$35,858
$20,108
$25,358
$17,483
$17,483
$158,288
$174,11625
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
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
1. This Amendment may be executed in any number or counterparts, each of which will be an
original, but all of which together constitutes one instrument executed on the same date.
2. Except as modified by this Amendment, all other terms and conditions of the Agreement
remain in full force and effect.
[SIGNATURES ON NEXT PAGE]
Page 3 of 6
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ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The parties agree that
this Amendment may be transmitted and signed by electronic mail by either/any or both/all parties, Q
and that such signatures shall have the same force and effect as original signatures, in accordance
with California Government Code section 16.5 and Civil Code section 1633.7. ?
2
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IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of 0
COUNTY OF LOS ANGELES
:M
MARK P. PESTRELLA Date
Director of Public Works
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
Deputy
Page 4 of 6
Date
Packet Pg. 144
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
MARK P. PESTRELLA
Chief Engineer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
:0
Deputy
Page 5 of 6
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CITY OF SANTA CLARITA
Im
Kenneth W. Striplin
City Manager
APPROVED AS TO CONTENT:
In
Jerrid McKenna
Director of Neighborhood Services
APPROVED AS TO FORM:
Im
Joseph M. Montes
City Attorney
FOR CONSULTANT:
Im
Page 6 of 6
Date
IF CORPORATION:
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