CONTRACT 6661 Memorandum of UnderstandingAgreement No. 6661
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT, AND THE CITIES OF EL SEGUNDO AND SANTA
MONICA
REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE
COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AND WATERSHED
MANAGEMENT PROGRAM (WMP) FOR JURISDICTIONAL GROUPS 2 AND 3 OF THE
SANTA MONICA BAY WATERSHED
This Memorandum of Agreement (MOA), including its attachments, exhibits, and schedules, is
made and entered into as of July 1st, 2023 by and between THE CITY OF LOS ANGELES (CITY),
a municipal corporation, THE COUNTY OF LOS ANGELES (COUNTY), a political subdivision of
the State of California, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a
body corporate and politic, THE CITY OF EL SEGUNDO, a municipal corporation, and THE CITY
OF SANTA MONICA, a municipal corporation. Collectively, these entities shall be known herein
as PARTIES or individually as PARTY.
RECITALS
WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the California
Regional Water Quality Control Board, Los Angeles Region (Regional Board) have classified the
Greater Los Angeles County Municipal Separate Storm Sewer System (MS4) as a large MS4
pursuant to 40 Code of Federal Regulations (CFR) section 122.26(b)(4) and a major facility
pursuant to 40 CFR section 122.2; and
WHEREAS, the Regional Board adopted the 2012 National Pollutant Discharge
Elimination System MS4 Permit No. R4-2012-0175 on November 8, 2012, which was re -adopted
in the 2021 Regional Phase I MS4 Permit Order No. R4-2021-0105; and
WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and required
that the LACFCD, the COUNTY, and 84 of the 88 cities within the COUNTY comply with its
prescribed elements; and
WHEREAS, the 2021 MS4 Permit became effective on September 11, 2021, superseding
the 2012 MS4 Permit, and requires that the COUNTY, LACFCD, 85 cities within the coastal
watersheds of Los Angeles County, the Ventura County Watershed Protection District, the County
of Ventura, and 10 cities within Ventura County comply with its prescribed elements; and
WHEREAS, the MS4 Permit identifies the PARTIES as MS4 permittees responsible for
compliance with the Permit's requirements pertaining to the PARTIES' collective jurisdictional
area in the Santa Monica Bay Jurisdictional Groups 2 and 3 Watershed Management Area as
identified in Exhibit D of this MOA; and
Santa Monica Bay J2/J3 Watershed MOA
Agreement No. 6661
WHEREAS, the CITY and the cities of El Segundo and Santa Monica, LACFCD and the
COUNTY formed the Santa Monica Bay Jurisdictional Groups 2 and 3 Watershed Management
Group (SMB J2/J3 WMG) to collaborate on the Watershed Management Program (WMP) and the
Coordinated Integrated Monitoring Program (GIMP) in accordance with the MS4 Permit, with the
CITY serving as the SMB J2/J3 WMG Lead Agency; and
WHEREAS, the PARTIES desired to collaborate on the development of a WMP and a
CIMP in accordance with the MS4 Permit for a portion of the Santa Monica Bay Jurisdictional
Groups 2 and 3 Watershed Management Area as identified in Exhibit D of this MOA to comply
with all applicable monitoring requirements of the MS4 Permit; and
WHEREAS, the first WMP was submitted to the Regional Board on June 25, 2015 by the
PARTIES and was approved by the Regional Board on April 21, 2016; and
WHEREAS, a revised WMP was submitted to the Regional Board on April 7, 2023 and
was approved by the Regional Board on April 26, 2023; and
WHEREAS, the first CIMP was submitted to the Regional Board by the PARTIES on
November 12, 2015 and was approved by the Regional Board on November 23, 2015; and
WHEREAS, a revised CIMP was submitted to the Regional Board on March 13, 2023 and
is pending approval; and
WHEREAS, the PARTIES have agreed to cooperatively share and fullyfund the estimated
costs of the implementation of the CIMP and WMP; and
WHEREAS, the PARTIES agree that each shall assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit notwithstanding this MOA; 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 true and correct and fully incorporated into
this MOA.
Section 2. Purpose. The purpose of this MOA is to cooperatively fund the MONITORING
SERVICES and WMP-RELATED TASKS, as set forth in Exhibit A of this MOA.
Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the
purposes of this MOA.
Section 4. Voluntary. The PARTIES have voluntarily entered into this MOA for the implementation
of the MONITORING SERVICES and WMP-RELATED TASKS, and authorize the CITY to
administer the cost -sharing.
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Section 5. Term. This MOA shall become effective on July 1, 2023 and shall remain in effect for
three (3) years up to and including June 30, 2026. The MOA may be extended through mutual
agreement of the PARTIES.
Section 6. Commitment. Once effective, the PARTIES agree to uphold the promises contained in
this MOA for the duration of the agreed upon term. The PARTIES agree that costs, expenses,
fees, liabilities, and obligations incurred by the CITY in performing MONITORING SERVICES in
accordance with Tables 2 and 2A of Exhibit B and WMP-RELATED TASKS in accordance with
Tables 3-313 of Exhibit B prior to the execution date of this MOA but after July 1, 2023, shall be
cost -shared under this Agreement according to the amounts specified in Exhibit B and shall be
included in the first invoice.
Section 7. THE PARTIES AGREE:
a. Monitoring Services. The CITY will perform the MONITORING SERVICES as defined in
Exhibit A.
b. WMP-Related Tasks. The CITY will perform the WMP-RELATED TASKS, as defined in
Exhibit A.
C. Reporting. Each PARTY hereto authorizes the CITY to prepare and submit reports to the
Regional Board as required by the MS4 Permit. In addition, the CITY will submit to the
PARTIES the data used to prepare the reports. This data will be transmitted electronically
to all PARTIES and as requested by the Regional Board. The CITY will provide sufficient
time to the PARTIES to review the prepared reports. The CITY shall consider incorporating
such comments received and answering a PARTY's questions to the best of its abilities
prior to its submittal to the Regional Board.
d.. Contract Administration. The CITY will be responsible for CONTRACT
ADMINISTRATION, as defined in Exhibit A.
e. Communication. All communications concerning MONITORING SERVICES, WMP-
RELATED TASKS, and CONTRACT ADMINISTRATION under this Agreement shall be
directed to the CITY. The CITY will notify, in writing, the PARTIES of any administrative
modifications to the PARTIES proportional payment obligations, including, without
limitation, under the circumstances identified in Section 8(d).
f. Contracting. The PARTIES contemplate that other individual NPDES permit holders may
wish to participate in the MONITORING SERVICES without being a party to this MOA. In
the event that another NPDES permittee wants to participate in the MONITORING
SERVICES, the CITY may enter into an individual separate agreement with such
individual NPDES permittee. The individual NPDES permittee will not become a party to
this MOA but will be responsible for its proportionate share of the costs for those
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MONITORING SERVICES. If other individual NPDES permit holders' participation
modifies the PARTIES' proportionate cost share, each PARTIES' proportional payment
obligation shall be modified administratively in Exhibit B.
Section 8 Invoicing and Payment.
a. Invoicing. The CITY will invoice all PARTIES annually in amounts not exceeding the
invoice amounts shown in Table 1 of Exhibit B. The annual invoices will be issued by the
CITY to the PARTIES in July of each calendar year for their proportional share of the
estimated cost for MONITORING SERVICES and WMP-RELATED TASKS, for the fiscal
year, as shown in Exhibit B. The first invoice will be issued in July 2023 or upon the
execution of this Agreement, whichever is later. The PARTIES hereby acknowledge and
ratify services performed on or after the earlier of July 1st, 2023 or the date of the last
signature of the PARTIES that are performed in accordance with the terms and conditions
of the MOA. Such services shall be included in the first invoice and reimbursable pursuant
to this MOA.
b. Annual Pavment. Each PARTY shall pay the CITY for their invoice within sixty (60) days
of receipt of the invoice from the CITY.
C. Late Payment Penalty. Any payment that is not received within sixty (60) days following
receipt of the invoice from the CITY shall be subject to a late payment of 10%. Interest on
any late payments shall accrue at the rate of 1 % per month for each month a payment is
past due.
d. Delinquent Payment - A payment not made within three hundred and sixty-five (365) days
after receipt of the invoice from the CITY shall result in the CITY notifying the Regional
Board and the PARTIES that the delinquent PARTY is no longer a participating member
of the CIMP or WMP. The PARTY shall be deemed to have withdrawn from this MOA and
the remaining PARTIES' cost share allocation shall be adjusted in accordance with the
cost allocation formula in Table 1 of Exhibit B. Withdrawal shall not relieve a PARTY's
obligation to pay its proportionate share of costs that were due at the time of the deemed
withdrawal.
e. Contingency. Each PARTY's annual invoice will include a contingency of fifteen percent
(15%) for MONITORING SERVICES and fifteen percent (15%) for WMP-RELATED
TASKS, as shown in Exhibit B. Contingency funds will be held by the CITY until such time
as they are needed. Contingency funds that are used will be applied to each PARTY based
on its proportional share. No PARTY will be obligated to pay for additional expenditures
which exceed its contingency amounts without an amendment to this MOA.
i. Monitoring Services Contingency.Contingengy. The CITY shall have access to the
MONITORING SERVICES Contingency for paying for or otherwise implementing
the MONITORING SERVICES defined in Exhibit A of this MOA. The CITY shall
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notify the PARTIES before use of the MONITORING SERVICES Contingency is
appropriate or required as soon as practicable, but any failure to notify any PARTY
or the PARTIES shall not alter, eliminate, or affect the CITY's right to payment.
The CITY will indicate the amount of MONITORING SERVICES Contingency used
in its applicable invoice(s) for implementation of the MONITORING SERVICES.
Should the CITY determine in its reasonable discretion that the MONITORING
SERVICES Contingency not be necessary for MONITORING SERVICES, the
PARTIES may administratively shift these funds to be used for WMP-RELATED
TASKS and do so using the process defined in Section 9(c).
ii. WMP-Related Tasks Contin enc . The PARTIES may utilize WMP-RELATED
TASKS Contingency to complete projects consistent with the WMP-RELATED
TASKS defined in Exhibit A. To utilize WMP-RELATED TASKS Contingency, the
SMB J2/J3 WMG shall discuss the proposed activity and the SMB J2/J3 WMG will
come to a majority consensus, using the process defined in Section 9(c), as to
whether to move forward with the use of WMP-RELATED TASKS Contingency
and the process for implementation. The CITY shall utilize the WMP-RELATED
TASKS Contingency to reimburse the entity responsible for administering the
approved WMP-RELATED TASK funded by the WMP-RELATED TASKS
Contingency. Should the WMP-RELATED TASKS Contingency not be necessary
for WMP-RELATED TASKS, the PARTIES may administratively shift these funds
to be used for MONITORING SERVICES, using the process defined in Section
9(c).
f. Shifting of Funds. The PARTIES may shift funds collected under this MOA between
MONITORING SERVICES and WMP-RELATED TASKS administratively, without an
amendment to this MOA, provided that the overall amount does not exceed the total not -
to -exceed amount of this MOA or a PARTY'S annual proportional cost, as set forth in
Table 1 of Exhibit B, and if approved by a majority consensus, using the process defined
in Section 9(c).
g. Contract Management Fee. The WMP-RELATED TASKS includes a 15% Program
Management Fee for administration of this MOA by the CITY. Each PARTY will be
assessed its proportionate share of the annual Program Management Fee as shown in
Table 3A of Exhibit B.
h. Reconciliation of this MOA. At the end of the MOA, the CITY will provide the PARTIES
with an accounting of actual expenditures, consistent with the format as shown in Exhibit
E, within ninety (90) days. Any unexpended funds held by the CITY at the termination of
this MOA will be rolled -over to cover expenses in any subsequent MOA. PARTIES may
request in writing a refund or credit of any unexpended funds by the CITY, in accordance
with the distributed cost formula set forth in Table 1 of Exhibit B.
Section 9. THE PARTIES FURTHER AGREE:
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a. Documentation. The PARTIES agree to promptly provide at no cost to the CITY all
requested information and documentation in their possession that the CITY, in its
discretion, deems to be necessary or helpful for the performance of the MONITORING
SERVICES and WMP-RELATED TASKS.
b. Access. During the term of this MOA on an as -needed basis, each PARTY shall allow the
CITY or its contractor reasonable access and entry to land, facilities and structures owned,
operated, or controlled by the PARTY, which access and entry are necessary or helpful
for the CITY or its contractor to perform MONITORING SERVICES and WMP-RELATED
TASKS (FACILITIES). The FACILITIES shall include but not be limited to the PARTY's
storm drains, channels, catch basins, and similar, provided, however, that prior to entering
any of the PARTIES' FACILITIES, the CITY or its contractor, as applicable, shall provide
seventy-two (72) hours advance written notice of entry to the applicable PARTY, or in the
cases where seventy-two (72) hours' advance written notice is not possible, such as in
cases of unforeseen wet weather, the CITY or its contractor shall provide written notice to
the applicable PARTY as early as reasonably possible. Any PARTY, including LACFCD,
agrees to provide the CITY or its contractor a "no -fee" Access Permit to its FACILITIES.
This Access Permit does not cover any fees that may be required for Construction Permits
for the installation of permanent monitoring equipment. The CITY shall secure any
required necessary permits prior to entry.
C. Consensus. The PARTIES agree that consensus in the SMB J2/J3 WMG will be
determined by a supermajority (80.24%) voting of the SMB J2/J3 WMG members based
on each PARTY's percentage land area of the Watershed as shown in Exhibit D.
Consensus shall be reached using an email vote of SMB J2/J3 WMG members. Any
PARTY that does not respond to a vote within five business days, shall be considered to
support the majority consensus.
d. Participation. Each PARTY shall designate an individual to provide representation at the
SMB J2/J3 WMG that is authorized to provide official input on behalf of the PARTY. Each
PARTY shall ensure that a representative attends the SMB J2/J3 WMG meetings, and if
necessary, responds to email communication.
e. Additional Activities. The PARTIES agree that additional activities may arise in the course
of implementing this MOA, and there may be interest in utilizing funds collected through
this MOA or pursuing additional funds, including but not limited to the Safe Clean Water
Program, to complete those projects. The SMB J2/J3 WMG, led by the CITY, shall discuss
and determine additional activities to be completed and the implementation approach to
completing those projects. The SMB J2/J3 WMG will determine which activities to pursue
in accordance with the consensus process defined in Section 9(c). Any other PARTY that
does not desire to participate in an additional activity can submit a written request to the
CITY that they do not desire to be part of the activity. The non -participating PARTY will
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Agreement No. 6661
not be responsible for its proportionate share of funds to complete the additional project,
and the cost will be recalculated amongst the remaining PARTIES.
f. Trash Assessment. The COUNTY agrees to conduct trash and data collection on Venice
Beach on behalf of the CITY and according to the procedures specified in the City of Los
Angeles Trash Monitoring and Reporting Program. Data analysis and reporting will be the
responsibility of the CITY.
i. Trash Assessment Credit. The CITY will credit the COUNTY the amounts shown
in Table 4 of Exhibit B for performing trash assessments on Venice Beach on
behalf of the City of Los Angeles.
Section 10. Indemnification. Each PARTY shall indemnify, defend, and hold harmless each other
PARTY, on a pro rata basis, including its special districts, their member agencies, 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 attorneys and expert witness fees), arising from or connected
with this MOA; provided, however, that no PARTY shall indemnify another PARTY for that
PARTY's own negligence or willful misconduct.
Section 11. Termination.
a. Notting. Any PARTY may withdraw from this MOA for any reason, in whole or part, by
giving the CITY and the Regional Board thirty (30) days written notice thereof. Withdrawing
PARTIES shall remain wholly responsible for their proportional share of the costs of
MONITORING SERVICES and WMP-RELATED TASKS for any fiscal year for which the
PARTY has not withdrawn. Withdrawing PARTIES shall not be entitled to any refunds.
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 Cl MP and/or WMP.
b. Default. If a PARTY fails to comply with any of the terms or conditions of this MOA, that
PARTY shall forfeit its rights to the 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.
C. Eguioment Ownersh . Devices such as automatic sampling stations - inclusive of a
cabinet, sampling equipment, ancillary devices, power supplies (EQUIPMENT) may be
installed to implement the CIMP. Any PARTY voluntarily terminating membership will not
be entitled to a refund for the portion of the share paid to acquire and to operate the
EQUIPMENT nor for the remaining value of the EQUIPMENT, if any. The operational life
of such EQUIPMENT is approximately seven years, and after which it may be obsolete or
may require major remodel or replacement of electrical and mechanical components
costing equivalent to a purchase of a new EQUIPMENT. The remaining PARTIES agree
to own, operate and maintain and or replace the EQUIPMENT.
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Agreement No. 6661
Section 12. 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 C attached hereto and incorporated herein by reference. PARTIES shall
promptly notify each other of any change of contact information, including personnel
changes, provided in Exhibit C. 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 (3rd) business day following mailing by registered or certified mail (return receipt
requested) to the addresses set forth in Exhibit C.
b. Administration. For the purposes of this MOA, the PARTIES hereby designate as their
respective representatives the persons named in Exhibit C. The designated
representatives, or their respective designees, shall administer the terms and conditions
of this MOA on behalf of their respective entities. 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 entity.
C. Relationship of the Parties. The PARTIES to this MOA are, and shall at all times remain
as to each other, wholly independent entities. No PARTY 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. 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. Such
amendments may be executed by those individuals listed in Exhibit C or by a person
authorized to execute such amendment on behalf of each PARTY.
e,. Law to Govern. This MOA is governed by, interpreted under, and construed and enforced
in accordance with the laws of the State of California. In the event of litigation related to
this MOA, venue in the State Superior Court or Federal District Court shall lie exclusively
in the County of Los Angeles.
f. No Presumption in Drafting. The PARTIES to this MOA agree that the general rule that an
MCA is to be interpreted against the PARTY drafting it, or causing it to be prepared shall
not apply.
g. Severab'iiit. 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.
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Agreement No. 6661
h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES to this
MOA with respect to the subject matter hereof.
i. 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 this MOA of 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.
Counterparts. This MOA may be executed in any number of counterparts, which execution
may be by electronic means as defined in Civil Code section 1633.2 and each of which
shall be an original, but all of which taken together shall constitute but one and the same
instrument, provided, however, that such counterparts shall have been delivered to all
PARTIES to this MOA.
k. All PARTIES to this MOA have been represented by counsel in the preparation and
negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair
language.
IN WITNESS WHEREOF, the PARTIES 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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Santa Monica Bay J2/J3 Watershed MOA
CITY OF LOS ANGELES
Date: April 2, 2024
ATTEST:
Holly L. Wolcott
City Clerk
APPROVED AS TO FORM:
Hydee Feldstein Soto
City Attorney
By:
Adena M. Hopenstand
Deputy City Attorney
Agreement No. 6661
Aura Garcia, President
Board of Public Works
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Santa Monica Bay J2/J3 Watershed MOA
COUNTY OF LOS ANGELES
By
Mark Pestrella
Director of Public
APPROVED AS TO FORM:
Dawyn R. Harrison
County Counsel
By
Grace V. Chang, Principal Deputy
Agreement No. 6661
Z7 2
111- ate
June 13, 2023
Date
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Santa Monica Bay J2/A Watershed MOA
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
a
Mark Pestrella
Chief Engineer
C
APPROVED AS TO FORM:.
Dawyn R. Harrison
County Counsel
By
Grace-V. Chang, Principal Deputy
Agreement No. 6661
27 -
Date
June 13, 2023
Date
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Santa Monica Bay J2/J3 Watershed MOA
Agreement No. 6661
CITY OF EL SEGUNDO
Date: J V cfte f Z 0 L 3 By; a ��
Darrell George
City Manager
ATTEST:
B Date: • ZOZ
a L41�
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
By; 4 Date:
L----O-aq-
Markuin Vazquez for D. Hensley
City Attorney
Page 13 of 22
UUUUJIIY.II CIIVCIU� tJ 1LJ. ILlr-M I UUM%1L/L!V 1O11
Santa Monica Bay J2/J3 Watershed MOA
CITY OF SANTA MONICA
Date: 6/12/2023
ATTEST:
t
IF
Denise Anderson -Warren
City Clerk
6/13/2023
APPROVED AS TO FORM:
ByrC3as:ta..$Sgirwod by:
R�s S(,ou
Douglas T. Sloan
City Attorney
6/9/2023
By:
[dacae -uSV�etR by:
.
r�u !rr r'a N,
Agreement No. 6661
David White, City Manager
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Agreement No. 6661
EXHIBIT A
MOA Scope of Work
The purpose of this MOA is to facilitate compliance by the SMB J2/J3 WMG with the MS4 Permit.
The tasks below outline the broadly -expected work anticipated to comply with the Permit.
MONITORING SERVICES
This includes any and all tasks required to comply with the monitoring requirements established
in the MS4 Permit and associated documents. This includes but is not limited to implementation
of the SMB J2/J3 CIMP (Coordinated Integrated Monitoring Program), which includes but is not
limited to the following activities:
• Receiving Water Monitoring
• Stormwater Outfall Monitoring
• Non-Stormwater Outfall Monitoring
• Data Management
• Capital, Operation, and Maintenance Activities
• Purchasing, maintaining, and replacing equipment (capital costs) necessary for monitoring
activities
• Development of the monitoring sections to be included in the Annual Report (e.g. trends
analysis, Total Maximum Daily Load (TMDL) attainment, summary of monitoring activities)
• Annual Reconciliation of the MONITORING SERVICES under the MOA.
• This work may include additional activities and requirements based upon the March 2023
CIMP revisions, any other future CIMP revision, and subsequent requirements for the
Regional Board.
The CITY is responsible for completing the MONITORING SERVICES in this MOA, including by
utilizing consultant support services. MONITORING SERVICES do not include bacterial
monitoring along the shoreline of Santa Monica Bay per the Santa Monica Bay Beaches Bacteria
TMDL, as these costs will be cost -shared in a separate agreement.
WMP-RELATED TASKS
This includes any and all tasks required to comply with the MS4 Permit, as well as other work that
is determined to advance the cities' efforts in complying with the MS4 Permit. The SMB J2/J3
WMG is required to complete the following activities as part of the SMB J2/J3 Watershed
Management Program (WMP). This includes but is not limited to the sub -tasks defined below:
• Annual Reporting (including the WMP Progress Report)
• Report of Waste Discharge (ROWD)
• Adaptive Management
• Trash Monitoring and Reporting Plan (TMRP)
• WMP Revisions
• Website Management (lastormh2o.org)
• California Stormwater Quality Association (CASQA) Membership
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Agreement No. 6661
Contracts regarding WMP-RELATED TASKS will be administered by the CITY utilizing a
consultant(s) selected in coordination with the SMB J2/J3 WMG, unless otherwise determined by
the SMB J2/J3 WMG. The CITY will provide subject -matter expertise and project management
support to the consultant(s) for the purposes of completing this task.
CONTRACT ADMINISTRATION
This includes any and all tasks associated with administering this MOA, including but not limited
to the following:
Facilitate the development of agreements and subsequent amendments for the SMB J2/J3
WMG.
r Manage procurements, contracting, and contract administration for consultants and
contractors, with the CITY providing subject -matter expertise and project management
support. This could include establishing and managing a bench of technical consultants
that could be utilized by any PARTY.
Distribute invoices and collect payment from PARTIES.
Manage the MOA budget.
• Facilitate the preparation of SMB J2/J3 WMG administrative procedures by SMB J2/J3
WMG and ensure compliance with these procedures.
Annual Reconciliation of WMP-RELATED TASKS under the MOA.
The CONTRACT ADMINISTRATION tasks will be completed by the CITY.
Additional tasks may be identified in the process of complying with the Permit, at which point the
SMB J2/J3 WMG would determine the optimal approach to ensuring that the SMB J2/J3 WMG
remains in compliance with any and all aspects of the MS4 Permit and its associated documents.
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EXHIBIT B
MOA Cost Estimates
Table 1. Distribution of Combined Annual Implementation Costs (CIMP/WMP/CASQA fee) .... 18
Table 2. Distribution of Costs for CIMP MONITORING SERVICES..................................................18
Table 2A. Costs for CIMP MONITORING SERVICES...... ......................................................... .....18
Table 3. Distribution of Costs for Implementing WMP-RELATED TASKS (Including CASQA
Fees) ...................................... ................... ................... ............................................................19
Table 3A. Costs for Implementing WMP-RELATED TASKS......................................................19
Table 3B. Distribution of Costs for CASQA Membership Fees.................................................19
Table 4. Cost of Venice Beach Monitoring by County of Los Angeles for City of Los Angeles
..............................................................I...................,.,...,..............,.,............,... ., .......................19
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Table 1. Distribution of Combined Annual Implementation Costs (CIMPMMP/CASQA fee
Agency'
Fiscal Year
Fiscal Year
Fiscal Year
3-Year Total
23-24
24-25
25-26
LACFCD
$ 42,197
$ 35,200
$ 521024
$ 129,422
City of Los Angeles
$ 607,877
$ 508,324
$ 748,337
$ 1,864,538
County of Los Angeles
$ 1,468
$ 782
$ 2,435
$ 4,685
City of Santa Monica
$ 159,406
$ 133,184
$ 196,404
$ 488,994
City of El Segundo
$37,8941
$ 31,661
$ 46,690
$ 116,245
Tota12
$ 848,843
$ 709,151
$ 1,045,890
$ 2,603,884
1. Table 1 is the invoicing schedule for each Agency.
2. Total Cost = CIMP Distribution Costs (Table 2) + WMP Distribution Costs (Table 3)
Tahia 2 rlicfrihi inn of Cnctc fnr CIMP MONITORING SERVICES
Agency
Acres
% of
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
3-Year Total
LACFCD (5%)'
-
-
$ 32,411
$ 28,607
$ 29,231
$ 90,249
City of Los Angeles
18,934.64
75.02%
$ 461,999
$ 407,784
$ 416,678
$ 1,286,461
County of Los Angeles
City of Santa Monica
City of El Segundo
130.40
4,987.47
1,185.63
0.52%
19.76%
4.70%
$ 3,182
$ 121,693
$ 28,929
$ 2,808
$ 107,412
$ 25,534
$ 2,870
$ 109,755
$ 26,091
$ 8,860
$ 338,860
$ 80,554
Total
25,238.14
100%
$ 648,213
$ 572,147
$ 584,624
$ 1,804,984
1. LAGrGU is responsible for 5% or the l otai cost, wnicn IS SUDtractea Derore oistnouting the cost among the WIWI
agencies.
Tahlp 2A_ Cnctc fnr CIMP MONITORING SERVICES
CIMP Component
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
3-Year Total
Labor
$ 141,900
$ 129,000
$ 129,000
$ 399,900
Lab Analysis
$ 135,940
$ 95,787
$ 95,787
$ 327,514
Lab Analysis - Data Handling Fee 15%
TIE Analysis
$ 20,391
$ 40,000
$ 14,368
$ 40,000
$ 14,368
$ 40,000
$ 49,127
$ 120,000
Contract Services
Equipment
Administrative Fee 5%
$ 144,000
$ 54,591
$ 26,841
$ 130,000
$ 54,591
$ 23,187
$ 130,000
$ 54,591
$ 23,187
$ 404,000
$ 163,773
$ 73,216
Sub -Total
$ 563,663
$ 486,933
$ 486,933
$ 1,537,530
Contingency 15%
Annual Escalation 2.5%
$84,5491
-
$ 73,040
$ 12,173
$ 73,040
$24,6511
$ 230,629
$ 36,824
Monitoring Services Cost Total
$ 648,213
$ 572,147L
$ 584,624
$ 1,804,984
Page 18 of 22
Santa Monica Bay J2/J3 Watershed MOA
Agreement No. 6661
Table 3. Distribution of Costs for Implementing WMP-RELATED TASKS (Including
CASQA Fees
Agency
Acres
% of
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
3-Year Total
LACFCD (5%)'
-
-
$ 9,787
$ 6,593
$ 22,793
$ 39,173
City of Los Angeles
18,934.64
75.02%
$ 143,178
$ 97,839
$ 328,959
$ 569,977
County of Los Angeles
130.40
0.52%
1 $ 986
$ 674
$ 2,265
$ 3,925
City of Santa Monica
4,987.47
19.76%1
$ 37,714
$ 25,771
$ 86,649
$ 150,135,
City of El Segundo
1,185.63
4.70%
1 $ 8,965
$ 6,126
$ 20,598
$ 35,690
Tota12
25,238.14
100% j
$ 200,630
$ 137,004
$ 461,266
$ 798,900
1. LACFCD is responsible for 5% of the Total Cost (excluding CASQA fees), which is subtracted before distributing
the cost among the other agencies.
2. Total Cost = WMP Implementation (Table 3A) + CASQA Membership Fees (Table 3B)
Table 3A. Costs for ImMementina WMP-RELATED TASKS
WMP Component
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
3-Year Total
Annual and Semi -Annual 1,ep2qLng
$ 48,000
$ 48,000
$ 48,000
$ 144,000
WMP Revision/RAA/Adaptive
Management
Report of Waste Discharge ROWD
Special Studies/Projects
-
-
$ 100,000
-
-
$ 50,000
$ 200,000
$ 35,000
$ 50,000
$ 200,000
$ 35,000
$ 200,000
Program Management Fee 15%
$ 22,200
$ 14,700
$ 49,950
$ 86,850
Sub -Total
$ 170,200
$ 112,700
$ 382,950
$ 665,850
Contingency 15%
$ 25,530
$ 16,905
$ 57,443
$ 99,878
Annual Escalation 2%
-
$ 2,254
$ 15,471
$ 17,725
WMP-Related Tasks Cost (Total)
$ 195,730
$ 131,859
$ 455,864
$ 783,453
Table 3B. Distribution of Costs for CASQA Membership Fees
Agency3
Acres
% of
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
3-Year
Total
City of Los Angeles
18,934.64
75.02%
$ 3,676
$ 3,860
$ 4,053
$ 11,589
County of Los Angeles
City of Santa Monica
130.40
4,987.47
0.52%
19.76%
$ 25
$ 968
$ 27
$ 1,017
$ 28
$ 1,068
$ 80
$ 3,053
City of El Segundo
1,185.63
4.70%
$ 230
$ 242
$ 254
$ 726
Tota14
25,238.14
100%
$ 4,900
$ 5,145
$ 5,402
$ 15,447
3. LACFCD will retain its own CASQA membership.
4. Assumes 5% escalation per year for CASQA fees.
Table 4. Cost of Venice Beach Monitoring by County of Los Angeles for City of Los
Anqeles
Agency
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
3-Year Total
Annual Cost Venice Beach Monitoring
$ 2,700
$ 2,700
$ 2,700
$ 8,100
Note: Annual cost is credited to the County of Los Angeles annual invoice.
Page 19 of 22
Santa Monica Bay J2/J3 Watershed MOA
Agreement No. 6661
EXHIBIT C
Santa Monica Bay J2/J3 Watershed MOA
Party Representatives
City of Los Angeles
Watershed Protection Division
1149 South Broadway Blvd.
Los Angeles, CA 90015
Party Representative: Alfredo Magallanes
Alfredo. Magallanes@lacity.org
Phone No.: (213) 485-3958
2. County of Los Angeles
Department of Public Works
Stormwater Quality Division, Building A-9 East, 1st Floor
1000 South Fremont Ave.
Alhambra, CA 91803-1331
Party Representative: Mark Lombos
mlombos@pw.lacounty.gov
Phone No.: (626) 300-4665
Fax: (626) 300-4620
3. Los Angeles County Flood Control District
Department of Public Works
Stormwater Quality Division, Building A-9 East, 1st Floor
1000 South Fremont Ave.
Alhambra, CA 91803-1331
Party Representative: Mark Lombos
mlombos@pw.lacounty.gov
Phone No.: (626) 300-4665
Fax: (626) 300-4620
4. City of Santa Monica
Public Works Department, Engineering and Street Services Division
1685 Main St., City Hall East, Mail Stop #15
Santa Monica, CA 90401
Party Representative: Curtis Castle
Curtis. Castle@santamonica.gov, www.santamonica.gov
Phone No.: (310) 458-8721
5. City of El Segundo
Public Works Department
350 Main Street
El Segundo, CA 90245
Party Representative: Lifan Xu, City Engineer
Ixu@elsegundo.org
Phone No.: (310) 524-2368
Page 20 of 22
Santa Monica Bay J2/J3 Watershed MOA
Agreement No. 6661
EXHIBIT D
Jurisdictional Groups 2 and 3 of the Santa Monica Bay Watershed
a os ffro SANTA MONICA FLAY WAItliSntu JLJJ WMr y�
�� Aga+ncie�� Total Area 8 Percentage A-
BA
R
B
ARA ROIAERO
DRAWL BY DATE CREATED CHECKED BY DATE REVISED.. �nIIIl t
NH 2 13 23 RT 2 21 23 . KAREN BASS P u�lr D ic�lo anc Grncral Manager
� I A �e� rionE � nor �rr
ayor M
y`r„„ ALFREDO MAGALLANES
Cv �s a�gn V»" 4�iM LLJ 4 ,..Wh.P D-11Manage1
N�:ersnai ra.. cif: r.i i_n
Note: LACFCD is also a PARTY to this MOA and is responsible for 5% of the total cost.
Page 21 of 22
Santa Monica Bay J2/J3 Watershed MOA
Agreement No. 6661
EXHIBIT E
Reconciliation Template
[The line items shown in this Exhibit are placeholders and are subject to change.]
CIMP & WMP REC"'ONCILIATIO'N
FYw2324 FY 24 25 FY 25 26 Total
..:MONITORING SERVICES ,._.....�....�. __.... ........_.,.,.,.
Budget (MOA) $
Actual $
Balance $ __
w
_,. _.�.....W ..... — .,,.� __ ...�.....
WMP-RELATED TASKS Budget Actual (To Balance
MOA) Date
Annual and Semi -Annual Reporting $ ...... _
WMP Revision/RAA/Ada tive Mana ement $
Re ort of Waste Discharge ROWD $
Special Studies/Projects �......._.. $ ...._� ..n. �...._.._... _ mro ...........
Total .... ..... _ .... ..........
Page 22 of 22