CONTRACT 3816 Other CLOSED38 6•...W
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF LOS ANGELES AND CITY OF EL SEGUNDO
FOR
SANTA MONICA BAY DRY AND WET WEATHER BACTERIA TMDLs
SHORELINE WATER QUALITY MONITORING
3 It 6 ' .. ..
MEMORANDUM OF AGREEMENT
SANTA MONICA BAY DRY AND WET WEATHER BACTERIA TMDLs
SHORELINE WATER QUALITY MONITORING
This Memorandum of Agreement ( "MOA ") is made and entered into by and between the CITY
OF LOS ANGELES ( "Los Angeles ") and CITY OF EL SEGUNDO ( "El Segundo ") collectively
referred to herein as the "Parties" or individually as "Party ".
WHEREAS, on January 24, 2002, the California Regional Water Quality Control Board, Los
Angeles Region ( "RWQCB ") adopted Resolution No. 2002 -004 ( "Resolution 2002 - 004 "),
establishing the limit for the Total Maximum Daily Loads for bacteria during dry weather for
Santa Monica Bay Beaches, a true and correct copy of which can be located on the internet at
http: / /www.waterboards.ca.gov /losangeles /water issues /programs /tmdl /tmdl_list.shtml; and
WHEREAS, on December 12, 2002, the RWQCB adopted Resolution No. 2002 -022
( "Resolution 2002 - 022 "), establishing the limit for the Total Maximum Daily Loads for bacteria
during wet weather for Santa Monica Bay Beaches, a true and correct copy of which can be
located on the internet at
http: / /www.waterboards.ca.gov /losangeles/ water_ issues /programs /tmdl /tmdl_list.shtml; and
WHEREAS, Resolutions 2002 -004 and Resolution 2002 -022 are jointly referred to herein as
"Bacteria TMDLs "; and
WHEREAS, the Bacteria TMDLs became effective on July 15, 2003; and
WHEREAS, the Bacteria TMDL was incorporated into the National Pollutant Discharge
Elimination System Permit regarding Waste Discharge Requirements For Municipal Stormwater
and Urban Runoff Discharges within the County of Los Angeles, and the Incorporated Cities
therein, except the City of Long Beach, dated December 13, 2001 ( "NPDES Permit ") and
amended on September 14, 2006, by Order R4- 2006 -0074; and
WHEREAS, the Bacteria TMDLs address documented bacteriological water quality
impairments at 44 beaches from the Los Angeles/Ventura County line (to the northwest) to Outer
Cabrillo Beach (just south of the Palos Verdes Peninsula); and
WHEREAS, the Bacteria TMDLs required for a monitoring plan to be submitted to RWQCB
for approval; and
WHEREAS, on April 28, 2004, RWQCB approved the Santa Monica Bay Beaches Bacterial
TMDLs' Coordinated Shoreline Monitoring Plan ( "Monitoring Plan") submitted by the Counties
of Los Angeles and Ventura, Los Angeles County Flood Control District, Caltrans, California
Department of Parks and Recreation, Cities of Los Angeles, Calabasas, Santa Monica, El
Segundo, Rancho Palos Verdes, Palos Verdes Estates, Redondo Beach, Rolling Hills, Rolling
2
3616 . , .
Hills Estates, Manhattan Beach, Hermosa Beach, Culver City, West Hollywood, Beverly Hills,
Agoura Hills, Thousand Oaks, Westlake Village, Simi Valley, Hidden Hills, Inglewood, and
Torrance (collectively herein referred to as "Municipalities ", or individually as Municipality);
and
WHEREAS, the Parties intend to enter into an agreement to cooperatively establish a
monitoring program that is consistent with the approved Monitoring Plan and consistent with the
provisions of the Bacteria TMDLs; and
WHEREAS, Los Angeles has the expertise and equipment to perform monitoring services
consistent with the Monitoring Plan (hereinafter "Monitoring Services "); and
WHEREAS, El Segundo is willing to pay Los Angeles to perform Monitoring Services on their
behalf at locations identified in Exhibit A and Los Angeles is willing to provide, perform and to
be reimbursed for such Monitoring Services as indicated in Exhibit B; and
NOW, THEREFORE, the Parties do hereby agree as follows:
AGREEMENT
ARTICLE I — Purpose of MOA
1. Purpose of MOA — The purpose of this MOA is to memorialize the Parties' willingness
to coordinate the payment and performance of Monitoring Services that are consistent
with the provisions of the Monitoring Plan and the Bacteria TMDLs.
2. Santa Monica Bay Beaches Bacterial TMDLs Coordinated Shoreline Monitoring
Plan (Monitoring Plan) — The Bacteria TMDLs provide for a Monitoring Plan to be
submitted to the RWQCB for approval by November 12, 2003. The Monitoring Plan
identifies all the monitoring locations, the type of monitoring and the frequency of
monitoring. RWQCB approved the Monitoring Plan on April 28, 2004; the approved
Monitoring Plan can be located on the internet at
http://dpw.lacounty.gov/wmdNPDES/beachplan/Contents.pdf.
ARTICLE II— Responsibilities of Los Angeles
1. Monitoring — Los Angeles will perform Monitoring Services at locations as indicated in
Exhibit A on behalf of El Segundo. Performance of Monitoring Services by Los Angeles
at locations listed in Exhibit A is expressly conditioned upon all Participating
Municipalities listed in Exhibit A entering into monitoring services agreements with Los
Angeles for the performance of Monitoring Services. Los Angeles will not be obligated
to perform Monitoring Services, and El Segundo will not be obligated to pay Los
3
3 V 1 6 " s ! i
Angeles for such Monitoring Services until said condition is satisfied. If Los Angeles
does not obtain similar agreements with all Participating Municipalities in order to
perform Monitoring Services at locations listed in Exhibit A that will be consistent with
the timeframes set forth in the Monitoring Plan and the Bacteria TMDLs, El Segundo
may seek to have the Monitoring Services performed by another entity.
2. Cost per monitoring location — Los Angeles, in consultation with the Participating
Municipalities, established each Municipality's share of cost for the Monitoring Services.
The cost allocation percentages among Participating Municipalities and the estimated
cost for each monitoring location are shown in Exhibit A.
3. Reports — Los Angeles will submit monitoring reports to RWQCB each month and
forward a copy to El Segundo as described in the Monitoring Plan.
4. Exceedances — Los Angeles will conduct accelerated monitoring according to existing
Los Angeles County Department of Health Services protocol at each location where
exceedance is detected. Exceedance will be determined according to the Monitoring Plan.
Los Angeles will provide additional accelerated monitoring at the request of El Segundo.
This MOA does not include any research or investigation of the reason(s) or source(s)
that caused the exceedance.
ARTICLE III — Responsibilities of El Segundo
1. Documentations — El Segundo agrees to provide all readily available information and
documentation to Los Angeles that is deemed necessary to perform the Monitoring
Services at no cost to Los Angeles.
2. Grant of Access Rights — During the term of this MOA, El Segundo hereby grants to
Los Angeles the right of access and entry to, but not limited to, all storm drains, channels,
creeks, beaches, and existing monitoring stations at beaches subject to this MOA at all
reasonable times for the purpose of performing the duties and obligations described in
this MOA.
3. Cost Reimbursement — El Segundo agrees to reimburse Los Angeles for the amount as
shown in Exhibit B annually for the systematic weekly monitoring and accelerated
monitoring.
ARTICLE IV — Invoice and Payment
1. Annual Payment — El Segundo shall reimburse Los Angeles an amount as shown in
Exhibit B annually to cover the systematic weekly and accelerated monitoring services
performed by Los Angeles. The Annual Payment shall be increased by the Consumer
4
3816•, ..
Price Index (CPI) annually. The accelerated monitoring cost shown in Exhibit A is an
estimate only; the actual cost of the accelerated monitoring will be reconciled with the
next Annual Payment. Notwithstanding the foregoing, the Annual Payment shall be
revised only upon mutual consent of both parties in writing.
2. Invoice — Los Angeles will invoice El Segundo for the annual payment in January of
each calendar year, beginning January 2009 for that fiscal year (July 1 to June 30). El
Segundo shall pay the invoice within 45 days of its receipt from Los Angeles.
3. Late Payment Penalty — Any payment that is late shall be subject to interest on the
original amount due from the date that the payment first became due. The interest rate
shall be equal to the Prime Rate in effect when the payment first became due plus one
percent for any payment that is made from 1 to 30 days after the due date. The Prime
Rate in effect when the payment first became due plus five (5) percent shall apply for any
payment that is made from 31 to 60 days after the due date. The Prime Rate in effect
when the payment first became due plus ten (10) percent shall apply for any payment that
is made more than 60 days after the due date. The rates shall, nevertheless, not exceed
the maximum allowed by law.
ARTICLE V — Term of MOA
1. The term of this MOA shall begin upon all Participating Municipalities listed in Exhibit
A entering into monitoring services agreements with Los Angeles for the performance of
Monitoring Services and shall terminate on June 30, 2009. During the unexpired term of
this MOA, either Party may demand that the other Party negotiate, in good faith,
modifications to the MOA that may be reasonably necessary because of any of the
following changed circumstances:
A. There is a material change in the regulatory framework for stormwater and
urban runoffs; or
B. There is a proposed change, either addition or deletion of monitoring
locations, tests and frequency of tests; or
C. There is a material change in the cost of providing monitoring in the
approved locations
2. This MOA shall continue on a month to month basis after the expiration date as stated in
Article V, Section 1 above until either El Segundo requests Los Angeles in writing to
cease the Monitoring Services on behalf of El Segundo or a new MOA is executed for
employing Los Angeles to perform Monitoring Services on behalf of El Segundo, but not
5
3816•,
to exceed twelve (12) months. The cost for the monthly monitoring shall be one twelfth
of the annual cost.
ARTICLE VI — General Provisions
1. 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 Representative of the Party at the addresses set forth
below. Parties shall promptly notify each other of any change of contact information
provided below. Written notice shall include notice delivered via email. 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 email; or (b) on the third business
day following deposit in the United States mail, postage prepaid to the addresses set forth
below:
City of Los Angeles:
Invoice:
City of Los Angeles
Bureau of Sanitation
Public Works Building
1149 S. Broadway, 91h floor
Los Angeles, CA 90015
Attention: Financial Management Division
Fax No.: 213 - 485 -4269
Others:
City of Los Angeles
Hyperion Treatment Plant
Bureau of Sanitation
12000 Vista Del Mar
Harry Pregerson Technical Support Facility
Playa Del Rey CA 90293
Attention: Environment Monitoring Division
Fax No.: (310) 648 -5731
el
City of El Segundo:
f 1 •
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Public Works Director
Fax No.: (310) 640 -0489
2. 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 another Party or otherwise act as an agent of
another Party except as expressly provided to the contrary by this MOA.
3. Cooperation, Further Acts — Parties shall cooperate fully with one another to attain the
purposes of this MOA.
4. Amendments — All amendments must be in writing, approved and executed by both
Parties. The authorized signatory of this MOA is authorized to execute any amendments
that do not extend this MOA by more than twelve months and /or increase in cost for less
than $ 5,000.
5. Indemnification — Each Party shall be solely responsible and liable in connection with
its actions associated with its responsibilities under this MOA. Both Parties shall
indemnify, defend, and hold one another harmless for all losses, claims, and liability
(including attorney fees and costs) arising to the extent of their negligence or willful
misconduct.
6. Governing Law — This MOA is governed by, interpreted under and construed and
enforced in accordance with the laws of the State of California.
7. Severability — If any provision of this MOA shall be determined by any court to be
invalid, illegal or unenforceable to any extent, the remainder of the 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.
7
IN WITNESS WHEREOF, the Parties to this MOA have caused this MOA to be executed on
their behalf as of the date specified below, respectively, as follows:
CITY OF LOS ANGELES
7 /3u's S",
Approved as to Form:
Rockard J. Delgadillo
City Attorney
Christophoif M. Westhoff
Assistant City Attorney
776
8
Interim City Clerk
$ -5.00o
C - 1ti4z.o2
a
CITY OF EL SEGUNDO
A general law city
Approved
Mark D.4
Karl H. Berger
Assistant City,
9
Attest:
Cindy Molaesen
City Clerk
3816•..
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