CONTRACT 7163 OtherAgreement No. 7163
Municipal Program
Agreement No.2024MP26
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND EL SEGUNDO
AGREEMENT NO.2024MP26
SAFE, CLEAN WATER PROGRAM — MUNICIPAL PROGRAM
is Transfer Agreement„ hereinafter referred to as "Agreement," is entered into as of
1 /22/2Ci1
..byand between the Los Angeles County Flood Control District, hereinafter referred to as "District,"
and El Segundo, hereinafter referred to, as "Municipality."
WHEREAS, District„ ,pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance ('Chapter 16
of the Los Angeles County Flood ControlDistrict Code) and The SCW Program Implementation Ordinance (Chapter 18
of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of finding
Pro cts and Programs to increase storrmwater arid urban rur sff capture and reduce stormwater and urban runoff
pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Contfol District Code„ forty percent
(40%) of'arfsudl SCW Program tax revetm= shall be allocated 10 Muricipalitros ti i`thin the Oistrict, in the same
proportion as the amount of revenues cci1W rd wfWn each Municipality,, to tie expartcle f by llyise clties wilhin the rlaers'
respective jurisdictions and by the County within the unincorporated areas that are witr"�ir"w Me bow ttaies of the Dizvcl,
for the implementation, operation and maintenance, and admlydstr,a'uon of Projects and Pro rams, in accordance VAlhk the
criteria and procedures established in, this Chapters 16 and li ff of tiv Los Argeies CcuN) l lood Control Distract Code,
WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their
receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program
funds;
WHEREAS, the County of Los Angeles Board of'Supervisors has approved a standard template Agreement, as
required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the
transfer of SCW Program funds to Municipalities..
NOW, THEREFORE, in consideration of ft promises„ mutual representations, covenants and agreements in this
Agreement, the District and the Municipality, each binding itself„ its successors and assigns, do mutually promise,
covenant, and agree as follows;
DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply
to this Agreement. In addition, the following definitions shall also apply:
"Agreement" means this Transfer Agreement, including all exhibits and attachments hereto.
"Annual Plan" means the plan referred to in Section 18.09.8.5 of the Code that includes the contents specified in Exhibit
A.
"Code" means the Los Angeles County Flood Control District Code. "Days" means calendar days unless otherwise
expressly indicated.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year.
"Safe Clean Water (SCW) Program Payment" means the Municipality's annual allocation of SCW Program funds as
described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality.
"Year"means calendar year unless otherwise expressly indicated.
PARTY CONTACTS
The District and the Munncipalitydesignate the following individuals as the primary points of contact and communication
regarding the Municipal Program and the administration and implementation of this Agreement.
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Email hharouny@dpw.lacountygov Email cebert@eisegundo.org
�— _
ert@elsegundo.org
Either partyto this Agreement may change the individual identified as the primary point of contact above by providing
written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated
herein and made a part of this Agreement:
EXHIBITA—ANNUAL PLAN CONTENTS
EXHIBITB —GENERAL TERMS AND CONDITIONS
EXHIBITC — NATURE -BASED SOLUTIONS (Best Management Practices)
EXHIBITD— OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be
submittednot later than 00-days prior to the start of the Fiscal Year for which the Plan is prepared.
B. The Municipality shall utif7e, the SCW Program. Payments in compliance with Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B„ C, and D, of this Agreement, and all
applicable provisions of Chapters 16 and '18 of the Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SC VV Program Payments will generally be available for disbursement by December 31, provided a duly executed
transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in
paragraph B, below; however the District may, in its discretion, change the date and number of the actual
disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District...
B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following
conditions: (1) the District has received the Annual Progress/Expenditure 'Report required pursuant to Section
18.06.D of the Code; (2) the District has received Municipality s Annual Plan for that Fiscal! Year, and (3) the
Municipality has complied with the audit requirements of Section B-6 of Exhibit &
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any
manner that is in violaton of or in conflict with federal, state, County laws, policies„ or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement
and Chapters 16 and 18 of the Code.
VI. TERM OFAGREEMENT
This Agreement shall expire at the end of the 2.027-28 Fiscal Year. The parties shall thereafter enter into a new
agreement based on the most recent standard template agreement approved by the Board.
VII. EXECUTION OF AGREEMENT
This Agreement may, be executed sirnultaneousty or in any number of counterparts, including both counterparts that are
executed manually on paper and counterparts that are in form of electronic records and are executed electronically;
whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same
instrument.
The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of
authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or
amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means„ as legally sufficient
evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto
such that Me parties need not follow up facsimilefelectronic transmissions of such documents with subsequent (non,-
facsimile/electronic) transmission of "anginal" versions of such documents.
F urther, the District and the Municipality: (l) agree that an electronic signature of any party may be used to authenticate
this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual
signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the
party using signature, and (W) hereby waive any defenses to the enforcement of the terms of this agreement based on the
foregoing forms of signature.
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Agreement No. 7163
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto,
H
City ad
Ci# of El Segundo
A N'2"C" AS TO FORM.
CITY RNEY
Name: Darrell George
Title: City Manager
Date: wsw 9 -to Z
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By:....,....
Name:
Title:
Date: _
Municipal Program
Agreement No.2024MP26
Page 3 of 14
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
By: —
Name:
Title:
D ate:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By:
Name: Matthew Fr
Title: Assistant Deputy Director
D ate: 1 /22/2025
Agreement No. 7163
-Municipal Program
Agreement No.2024MP26
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Agreement No.2024MP26
EXHIBIT A —ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using Me $,C W Program Payrrent. Include a discussiran of how
the projects will result in the acNevemerl of one or more SC°t"rf Pregram Goals, OcLding quantitative Iorgets and
corresponding metrics for sOmequor4i reporting of all applicable parameters.
A-2. f rssatrlfrtir,„ r.- Alt programs arbcipatod to be funded using the »C'a+ll Program Payrr'tent. Include a discussion of
how tl^ae progr'an will result rn t' ,e achievement of one or more S CW Program Goats; includir f rf,uontitative targets
anti corr(,mWafhX) ryet6c3 for subsequent repodtrng of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded using the SC'V V Program Payment.
Include a discussion of how l ose activities will result in the achievernent of arm or more SCW Program Goals.
Additional' operation and maintenance activities, even if funded by other sources, should be referenced to provide an
overview of anticipated overall project approach.
A- I. Desrpflan ether s akot lder ond ennirnLrity treaob(engagonnant aM, i1mies, arMcipated to be furdod WM t
SCW Program Payrrrerrt, iracludrryj disciissic oft -ow twat NGGs or C80swflt be awolved, if appli able„ and if not,
riV. Adrfrfonal cr.ri fa' ragtt,gr^rt' entear hvitie av even rf funded by other rsoLa :es, shotid be referenced to provide an
overview of anticipated marall pr )ect ap raroach.
A-5. Description of post -construction monitoring for projects completed using the SC'V V Progr«arn Pa rent. Additional
post- construc it on monitoring activities, even if funded by other sources, should be referanc d to wide on overveew
of anticipated overall project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable
Infrastructure (IS l) verification, if applicable.
A-7. Provide the budget for the activities described in provisions Al throughA-5 SCW Program Payment.
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EXHIBIT B— GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Payments distributed to the Municipality shall be held in a separate interest -bearing account and
shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only
for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned
prior to disbursement is property of the District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program
Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District's Safe, Clean Water Program for its
support when promoting activities funded with SCW Program funds or using any data and/or information developed
SCW Program funds. When the SCW Program Payment is used, in whole or in pert, for construction of an infrastructure
Project„ sngnage shall be posted! in a prominent location at Project site(s) or at the Municipality's headquarters and shall
include the Safe, Clean Water Program color logo and the following disclosure statement: "Funding for this project has
been provided in full or in part from the Los Angeles County Flood Control Districrs Safe,. Clean Water Program." At a
minimum the sign shall be 2" x 3' in size. The Municipality shall also include in each of its contracts for work under this
Agreement a provision that incorporates the requirements stated within this paragraph.
When the. SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the
following statement in the study report: "'Funding for this study has been provided in full or in part from the Los Angeles
County Flood Control District's Safe, Clean Water Program." The Municipality shall also include in each of its contracts
for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
B-3. Acquisition of Real Property- Covenant '
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are
consistent with the SCW Program Goals and with the provlsuons of Chapter 16 and 18 of the Code.
Any Municipality that acquires the fee tale to real property using, in whole or in part, SCW Program funds shall record
a document in the office of the Registrar-Recorder/County
Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of
the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be
valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in
this Agreement is binding on any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally
Accepted Accounting Principles to determine the amounts expended, and eligibilityof Projects implemented
using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District,
shall make such records available for examination and review or audit by the District or its authorised
representatives. Records shall include accounting records, written policies and procedures„ contract files, original
estimates, correspondence, change order files, including documentation covering negotiated settlements,
invoices., and any other supporting evidence deemed necessaryto substantiate charges related to SCW
Program Payments and expenditures.
The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and
conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18
of the Code. Municipality shall obtain an independent audit of their SCW Prograrn Payments every three (3)
years. Audits shall be funded with Municipal Program funds.
Municipality shall rile a copy of all audit reports by the Ninth (9t') month from the end of each three (3) year period
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to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District's publicly
accessible website. Due date example below.
4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure
Projects using SCW Program Payments. The Municipality shall permit the authorized District representative,
including the Auditor -Controller, to examine, review, audit, aid transcribe any and all audit reports, other reports,
books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination
activities are considered District administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this
Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.
B-7. Availability of Funds
District's, obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to
permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited
to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be
obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a
condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this
Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other
Municipality If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are
unavailable, it is the intention of the District that such, disbursement will be, made to the Municipality when sufficient funds
do become available, but this intention is not binding, If this Agreement's funding for any Fiscal Year is reduced or
deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring
to the District or offer an amendment to the Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under
this Agreement. Municipal expenditures of a SCW Program Payment that involves the Districtshall utilize a separate
and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of
Chapters 16 and 18 of the Code.
B-11. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all
applicable local, state and federal laws, rules, guidelines, regulations, and requirements.,
B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects
The Municipality shall not abandon, substantially discontinue use of, tease, or dispose, of all or asign[ficant part or portion
of any Project funded in whole or in part with SC W Program Payments during the useful life (defined as, 30, years unless
specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of theDistrict
Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring
repayment of a pro rata amount of the SCW Program Payments used to fund the, Project together with interest on said'.
amount accruing from the date of lease or disposal of the Project.
B-13. Disputes
S hould a dispute arise between the parties,, the party asserting the dispute will notify the other parties in writing of the
dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the
dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate
mediation of the dispute. Mediation will be before a refired judge or mediation service mutually agreeable to the parties.
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All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.
SCW Program Payments shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the
dispute in any court of law.
B-14. Final Inspection and Certification of Registered Professional
Upon completion of tho design phase and before consvuction of a projoCf, the Municipality shalt provide ",*rtifwa zion by a
California Registered Protssional (i.e., Professional Civil Engineer, Engineering Geologist) that m�N desigrri has been
completed.
Upon completion of the project„ the Municipality shall provide for a final Inspection and certification by a California
Registered Professional(i,e., Professional Civil Engineer, Engineering (geologist), that the Project has been completed
i n accordance with submitted final plans and specifications and any modifications thereto and in accordance with this
Agreement.
B-15. Force Majeure.
th the evailVVI Munlcipaality is delayed oriiindered from the perfom ri0c ,*f t1ny a renUred he" Lnder b-y ream of
strikes, lockouts, 6I)GY tr*.bles, iMbdity to procure materials not relateyJ w th paioe thereof" Hols, rn erection, ^mare or
Other re.asorm of a Ike nwise beyand thecontrol of the MurwicipaPtty, loon, of such sets slmall be e.xvulsed for
the period of dt d+ra 4y and the perlod for the perforniance of any such act sl ide bra ewpodedi for a period equrvai afi to the
period of such delay.
B-16. Funding Considerations and Exclusions
Ali expenditures of SCW Program Paasvrr r ds by Municipal'ity rnust comply wrllttl the provisions of Chapters 16 and
18 of the Lis Angeles County Flood Control D isinct Code, including but not lirniterf to the provisions regarding
eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures
contained In 'Section 16.05.A,3.
SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced
Compliance Action ("ECA") and/or Supplemental Environmental Project ("SE P") as defined by State Water
Resources Control Board Office of Erftcemergl wirWn poflcies, or arryro"ther Projw irnplemenled purstort to
the setlterr*nC of an enforcement action or to crtrsct monetatV perialtfes imposed %y1he Stets, Water Resources
Control Boraiv, a Regioral Water Quality Corilrol Board, on any enterer reg aloryam hsority„ pro ded, however, that
SCW funs may be used for a Psi irnplamartetl pur,rtuil to a time sc�*dule order (7S01 marred by the Los
Angeles: Regional Water Quality Control Board if, at the time the TSC was issued, the Project was included in an
approved watershed management program (including enhanced watershed management programs) developed
pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harimtess the District, the County of Los Angeles and their elected and
appointed officials, agents, and employees from and against any and all liability and expense, including defense costs,
legal fees, claims, actions. and causes of action for damages of any° nature whatsoever, odud"ang but not firnited to beadily
injury„ death, personal injury" or peopowty damage, artsirG from or in cor�unciion with: (1) any Project or Program
implemented by the Municipality, in whole or in part" with SCW Program, Payments or (2) any breach of this Agreement
by the Municipality.
B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent
capacity and not as officers, employees, or agents of the District.
The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the
District. (LACC Chapter2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and cornpiete statement of the terms of the
agreement taawaen the District and Municipality; and expressly supersedes any and all prior oral orwnitten agreements,
covenants, representations ar+d wrairranties, express or "mpf,,ed, concerning the subject matter of this Agreement.
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from
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the end of the fiscal year in which those funds are transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal
year in which those funds are transferred from the Distinct to the Municipality, then lapsed funding procedures will
apply Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible
expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from
the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to
a new Profectwith benefitto that Municipality, if feasible in a reasonable time frame, orotherwise to the
Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipality's control!, then the Municipality
may request an extension of up to twelve (12) months In which to commit the funds to eligible expenditures.
Extension Requests must contain sufficient justification and be submitted to the District in writing no later than
three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding
procedures without exception. Example Below.
B-21. Municipal ProjectAccess
Upon reasonable advance request, the Municipality shalt ensure that the District or any authorized representative, will
hame safe and suitebte access 10 the site of any Project implemented by the Municipality in whole or in part with SC W
Program P'aymenis at all reasonable times_
B-22. Non -Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-
discrimination in employment and equal employment opportunity.
B-23. No Third -Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this
Agreement, or of any duty, covenant, obligation, or undertaking established herein
B-24. Notice
The Municipality shall notify the D istrict in writi ng within five (5)working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality, or
b. Actions taken pursuantto State taw in anticipation of filing for bankruptcy:
The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against
the Municipality regarding its continued existence„ consideration of dissolution„ or disincorporatlon.
The Municipality shall notify the District promptfy of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any
major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in
benefits or community engagement„ ands or modifications that change the SC"ainl Program Goals intended to
be accomplished.
b. Discovery of arty potential archaeological or historical resource. Should a potential archaeological or historical
resource be discovered during construction, the Municipality agrees that all work in the area of the find will
cease until a qualified archaeologist has evaluated the situation and made recommendations regarding
preservation of the resource, and the District has determined what actions should be taken to protect and
preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District.
c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the
opportunityfor attendance and participation by District representatives with at least fourteen (14) days' notice
to the District.
B-25. Municipalitys Responsibility for Work
r .Wig 'I
11
. . , ..
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performance of work.
B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting
requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submitAnnuai. Progress/Exrperditure Reports,
using a format provided by the Distract, within six (6) months following the end of the Fiscal Year to the District to
detail the activitles of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District's
publicly accessible website and on the Municipality"s website, The Annual Progress/'Expenditure Report shall
include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended;
c. Documentation that the SCW Program Paymentwas used for eligible expenditures in accordance with
Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the
applicable reporting period including comparison to the Annual Plan and corresponding metrics;
e. D iscussion of any existing gaps between what was planned and what was achieved for the prior year, include
any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a
summary of how SCW Program Payments have been used to achieve SCW Program Goals forthe prior
year, including graphical representation of available data and specific metrics to demonstrate the benefits
being achieved through the years" investments..
g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This
includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW
Program Goals, and increasing regional capacityto supplement the SCW Program.
h. Additional financial or Project -related information in connection with activity funded in whole or in pact using
SCW Program Payments as required bythe District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that
projects implemented with SCW Program Payments were conducted' in accordance with Chapters 16 and 18
of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded' by
SCW' Program Payment. This includes comparisons to annual plans and atignmentwith corresponding
specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits
and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
it. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed aquifer
iv. Annual creation„ enhancement, or restoration of Community Investment Benefits. If none, discuss
considerations explored and reasons to not include.
v Annual acreage increases in Nature -Based Solutions and claimed level of NBS (with matrix
demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss
considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons
to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program
Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the
public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and
information as may be reasonably requested by the District including, but not limited to material necessary or
appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or
federal government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization and "validity. The execution and delivery of this Agreement,, including all incorporated documents, by
the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality; as
applicable. This Agreement constitutes a valid and binding obligation of the Municipality;, enforceable in
accordance with its terms, except as such enforcement may be limited by law.
2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all
incorporated documents, do not violate any provision of any taw or regulation in effect as of the date set forth on
the first page hereof,: or result in any breach or default under arty contract„ obligation, indenture, or other instrument
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Municipal Program
Agreement No.2024MP26
to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page
hereof.
3, No L'utigatton. 'There are no pending or, to the Municipalitys knowledge, threatened actions, claims, investigations,
suits, or proceedings before any, governmental authority, court, or administrative agency which affect the
Municipaliitys ability to complete the Annual Plan,
4. Solvency. hone of the transacbons oontarnplatod by Ihis Agmementwwt be or have been made with an aclual
intent to h'irOer„ delay, or def aLKf a yr presewt or V-Lre C((,6dftXX5 of ifie t turictpaiity, As of the date set farlh, on the
first page hereof, tit Municipality is solvent and will not be rendered insolvent by the transactions contemplated by
Ois Aqm, es la nt, TtoOkAicipalhy is abte � pay its d'c ils as kr y become due..
w Legai S kawlus and E, Il 404y The Phaki ricipality is duly argadvad and exislirig and in good standing under the laws of
than Slane of CalftrnO, Ttv, Munf6paiity shall at all times n.Fa nntcrirl Is ciirreni, *jai existence and preserve and
keep in full force and affect its legal rights and authority.
6. Good Standing, The Municipality must demonstrate it has not failed to comply with previous County and/or District
audit disallowances within the preceding five years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rafas noel to exceed set by the
California Department of Human resources„ per diem cost; whit not be eligible a senses. Thai, rates maybe found at
t4lp JOvwAv.calhr.cai-gov�emplayeesfPagesiravel-mirrib,%x$ernertqaspx Reimbursement will be at the Stale lrav l
almo rots that are minreril as of the date costs are incurr µd by the Aknicipati:ty No tral l outside the Los Angeles County
Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program
Manager.
B-29. Unenforceable Provision
In the event that any provision of U' Is Agreement is determined by a, court ofcompetent iurisdicgon to ba ur wfoiceable,
the parties agree that all other provisions of this Agreement have fierce and effect and tl not be affected thereby.
B-30. Withholding of Disbursements and Material Violations
Notwithstanding any other provision of this Agreement, the D istrict may withhold all or any portion of the S CW Program
Payment for any Fiscal Year in the event that:
1. The Municipality has violated any provision of this Agreement, or
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an
opportunity to cure.
3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
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Agreement No. 7163
Municipal Program
Agreement No.2024MP26
EXHIBIT C — NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES
Municipalities shall consider incorporation of Nature -based solutions (NBS) into their projects. NBS refers to the
sustainable management and use of nature for undertaking socwo-'envmronmental challenges, including climate change,
water security; water pollution, food security, human health,, and disaster risk management. As this environmental
management practice is increasf,ngdy incorporated into projects for the SCW Program, this guidance document may be
expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBSas a Project that utilizes natural processes that slog, detain, infiltrate or fiifer
Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the
permeability of Impermeable Areas; protecting undeveloped mountains and foodplains„ creating and restoring riparian
habitat and wetlands, creating rain gardens, bioswales, and parkway basins; enhancing soil through composting„
mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide
additional benefits such as sequestering carbon, supporting biodiversity, providing shade„ creating and enhancing parks
and open space, and improving quality of fife for surrounding communities. NB S include Projects that mimic natural
processes„ such as green streets, spreading grounds and planted areas with water storage capac+ty! NB S may capture
stormwater to improve water quality collect water for reuse or aquifer recharge„ or to support vegetation growth utilizing
natural processes.
Municipalities are to include in each Annual Progress/Ependiture Report whether and how their project achieves a
good, better„ or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, ,Annual
Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each
method. If at least 3 methods score within a single class, the overall project can be characterized as that class.
Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each
method, to facilitate District tracking of methods being utilized.
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Agreement No. 7163
Municipal Program
Agreement No.2024MP26
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Agreement No. 7163
Municipal Program
Agreement No-2024MP26
EXHIBIT D — OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
MiAicrpalities shall opoTatc and rrratrvtain infrastructure prgjocts for the useful fife of the project and are to consider using
the folloWN guidance Fur ofroralidr a maintenance fcrrjnfrastructure pmjeets pewati0081 marnter r^ca is r* tare
ar,d upkeep of Pircocls,"hal r^a require detalled tech^dcal knowledge of the P , t "s ft=. t n and design, Project.
;tpecifac operational and mawrttonor d plans "I consider the activities listed below and, set forth specific activitles and
f qr ncies (not limited to those, d iow) as determined to be appropriate bytho Mu opali es and best practices,
including stakeholder er�gagerr rd as a piiroble. l p rational mai,rgenance is to be 00rfontree by the operator of the
Protect with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and
urban runoff benefits.
Litter Control
• Regular removal of litter, nonhazardous waste materials„ and accumulated debris near planted areas„ rock
areas„ decomposed granite areas„ rest areas,'fence perimeters, adjoining access roads and driveways,
drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
• Regular inspection and maintenance of pet waste stations..
• Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales.
• Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.
Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine -type weeds,
ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or
shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas,
gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing
stations,, park shelters, and bicycle paths.
Tree and shrubberytrimming and care
o Removal of dead trees and elimination of diseased/damaged growth.
o Prevent encroachment of adjacent property and provide vertical clearance.
o Inspect for dead or diseased plants regularly.
Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perenniallywet and seasonal,
intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal
o Weed and nuisance plant control.
o Removal of aquatic vegetation (e.g_ algae and primrose) using appropriate watercraft and
harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.
Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat
structure for animal species..
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and
migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.
4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis.
• Inspect for and report graffiti in shelter houses, viewing stations„ benches, paving surfaces, walls, fences,
and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed
granite pathways„ and maintenance roads).
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Agreement No. 7163
Municipal Program
Agreement No.2024MP26
• Inspect shade structures for structural damage or defacement.
• Inspect hardscapes.
• Inspect and maintain interpretive and informational signs.
• Inspect site furnishings (e.g. benches, hitching posts„ bicycle racks).
• Maintain deck areas (e.g. benches, signs, decking surfaces),
• Visually inspect, weirs and flap gates for damage, grease to prevent locking.
• Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates
through full cycles to prevent them from locking up.
Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with
proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are
functioning properly.
o Inspection should be performed at feast monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and
erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur
at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a
year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation.
• Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope
failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant
characteristics to promote a sell -sustaining, irrigation free landscape.
• Determine watering schedules based on season, weather, variation in plant size, and plant varieties_ At
least four times a year (e.g. change of season), reschedule controller systems.
• Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high
enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity.
• Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank
protection, and replanting exposed soil.
Ongoing Monitoring AcWties
• Monitor controllable intake water flow and water elevation.
• Examine inflow and outflow structures to ensure devices are functioning properly and are free of
obstructions.
• Water quality sampling (quarterly, unless justified otherwise).
Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.
6. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species,.
• Adequate pretreatment of influent wastewater to lessen production of larval mosquitos.
• Managing emergent vegetation.
• Using hydraulic control structures to rapidly d'ewater emergent marsh areas.
• Managing flow velocities to reduce propagation of vectors..
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