CONTRACT 4809 Memorandum of UnderstandingAgreement No. 4809
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF LOS ANGELES
AND
CITY OF EL SEGUNDO
SANTA MONICA BAY DRY AND WET WEATHER BACTERIA TOTAL MAXIMUM
DAILY LOADSCOORDINATED SHORELINE WATER QUALITY MONITORING
PROGRAM
This Memorandum of Agreement ( "MOA ") is made and entered into by and between the City of
Los Angeles, a municipal corporation, and the City of El Segundo ( "El Segundo "), collectively
referred to herein as the "Parties" or individually as "Party ".
RECITALS
WHEREAS, on January 24, 2002, the California Regional Water Quality Control Board, Los
Angeles Region ( "LARWQCB ") 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; and
WHEREAS, on December 12, 2002, the LARWQCB adopted Resolution No. 2002 -022
( "Resolution 2002 - 022 "), establishing the limit for the Total Maximum Daily Loads (TMDLs)
for bacteria during wet - weather for Santa Monica Bay Beaches; 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 LARWQCB adopted National Pollutant Discharge Elimination System
Municipal Separate Storm Sewer System Permit Order No. R4- 2012 -0175
(MS4 Permit) on November 8, 2012; and
WHEREAS, the MS4 Permit became effective on December 28, 2012 and requires that El
Segundo, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster)
within the County of Los Angeles comply with the prescribed elements of the MS4 Permit,
including the provisions of Bacteria TMDL; and
WHEREAS, the Bacteria TMDLs address documented bacteriological water quality
impairments at forty -four (44) beaches from the Los Angeles/Ventura County line (to the
northwest) to Outer Cabrillo Beach (just south of the Palos Verdes Peninsula); and
Agreement No. 4809
MOA- City of Los Angeles and City of El Segundo
Santa Monica Bay Water Quality Monitoring
Page 2 of 9
WHEREAS, the Bacteria TMDLs identify as responsible agencies and jurisdictions, the County
of Los Angeles, City of Los Angeles, Malibu, Calabasas, Santa Monica, El Segundo, Rancho
Palos Verdes, Palos Verdes Estates, Redondo Beach, Rolling Hills, Rolling Hills Estates,
Manhattan Beach, Hermosa Beach, Culver City, West Hollywood, Beverly Hills, Agoura Hills,
Thousand Oaks, Westlake Village, Inglewood, Torrance, and the State of California through its
Department of Transportation (Caltrans) (collectively herein referred to as Agencies, or
individually as Agency); and
WHEREAS, the monitoring plan entitled, "Santa Monica Bay Beaches Bacterial TMDLs'
Coordinated Shoreline Monitoring Plan ( "Monitoring Plan") was prepared by the Agencies and
approved by the LARWQCB on April 28, 2004; and
WHEREAS, the agencies responsible for cost share of shoreline ,monitoring performed by the
City of Los Angeles Environmental Monitoring Division (EMD), are listed in Exhibit A: and
WHEREAS, in 2010, El Segundo entered into an agreement with the City of Los Angeles to
continue with the Monitoring Program, and said agreement expired on June 30, 2013; and
WHEREAS, City of Los Angeles has the expertise and equipment to perform monitoring
services consistent with the Monitoring Plan (hereinafter referred to as Monitoring Services); and
WHEREAS, El Segundo desires to enter into a new agreement to continue the Monitoring
Services being performed by City of Los Angeles; and
WHEREAS, theCity of Los Angeles will enter into separate new agreements with all of the
Agencies listed in Exhibit A to continue the Monitoring Services; and
WHEREAS, El Segundo has agreed to provide its share of funding, subject to annual budget
approval, to the City of Los Angeles for their performance of Monitoring Services on El
Segundo's behalf at locations identified in Exhibit A andthe City of Los Angeles is willing to
provide the Monitoring Services and to be reimbursed in accordance with Article IV and Exhibit
B of this MOA.
NOW, THEREFORE, in consideration of the mutual benefits and of the promises herein
contained, the Parties hereby agree as follows:
2
Agreement No. 4809
MOA- City of Los Angeles and City of El Segundo
Santa Monica Bay Water Quality Monitoring
Page 3 of 9
MEMORANDUM OF AGREEMENT
ARTICLE I — Purpose of MOA
1.. Purpose of MOA — The purpose of this MOA is to memorialize El Segundo's and City
of Los Angeles' willingness to coordinate the payment for 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 approved Coordinated Monitoring Plan (CMP) identifies
three monitoring agencies to perform sampling and analysis of the shoreline monitoring
stations along the Santa Monica Bay. Exhibit A shows monitoring stations that are
assigned to the City of Los Angeles Environmental Monitoring Division to be monitored
at the specified frequency.
ARTICLE II— Responsibilities of City of Los Angeles
1. Monitoring — The City of Los Angeles will perform all Monitoring Services consistent
with the time frames set forth in the Monitoring Plan and Bacteria TMDLs at locations as
indicated in Exhibit A on behalf of El Segundo.
2. Cost per monitoring location — City of Los Angeles, in consultation with the Agencies,
has established each Agency's share of cost for the Monitoring Services based on its
jurisdictional land area in Exhibit A. The cost allocation percentages among Agencies
and the estimated cost for each monitoring location are shown in Exhibit A.
3. Reports — City of Los Angeles will submit monitoring reports to the LARWQCB each
month and forward a copy to El Segundo.
4. Exceedance — City of 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. The City of 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, Documentation — El Segundo agrees to provide all requested information and
documentation to the City of Los Angeles that is deemed necessary to perform the
Monitoring Services at no cost to City of Los Angeles.
3
Agreement No. 4809
MOA- City of Los Angeles and City of El Segundo
Santa Monica Bay Water Quality Monitoring
Page 4 of 9
2. Grant of Access Rights — During the term of this MOA, El Segundo grants City of Los
Angeles the right of access and entry to, but not limited to, all El Segundo accessed storm
drains, channels, creeks, beaches, and existing monitoring stations at beaches subject to
this MOA (the "Property ") at all reasonable times for the purpose of performing the
duties and obligations described in this MOA. However, should City of Los Angeles
require access to the City of El Segundo's facilities (storm drains, channels, creeks, and
existing monitoring stations), City of Los Angeles shall obtain right of access and entry
under a Permit from, or a separate agreement with, the City of El Segundo. The City of
Los Angeles shall indemnify, defend and hold harmless the' City of El Segundo, elected
and appointed officers, employees, and agents, from and against any and all liability,
including but not limited to demands, claims, actions, fees, costs, and expenses (including
attorney and expert fees), arising from or connected with the entry onto the Property.
This indemnification is in addition to the other indemnities made herein.
3. Cost Reimbursement — El Segundo agrees to reimburse the City of Los Angeles for the
amount as shown in Exhibit B annually for the systematic weekly or daily monitoring,
and accelerated monitoring.
ARTICLE IV — Invoice and Payment
1. Annual Payment — El Segundo shall pay theCity of Los Angeles their respective share
of cost for Monitoring Services as shown in Exhibit B within 45 days of receipt of the
invoice from the City of Los Angeles. The total annual monitoring costs shown in Exhibit
B are estimates that have been agreed upon amongst the City of Los Angeles and the
Agencies listed in Exhibit A. The Annual Payment will be increased by 3% for inflation
annually beginning Fiscal Year 2014 -15.
2. Invoice —The City of Los Angeles will invoice El Segundo for the annual payment in
January of each year for the period of July 2013 — June 2016, beginning January 2014, or
upon the execution of this Agreement, whichever is later.
ARTICLE V — Term of MOA
1. This MOA shall become effective on the date of execution by the last Party and it shall
remain and continue in effect until June 30, 2016. El Segundo agrees that any costs
incurred by the City of Los Angeles for monitoring performed between July 1, 2013 and
the execution date of this MOA be cost - shared by the Agencies, and El Segundo agrees
to pay its proportional share of these costs. The costs and invoicing amount for the
period of July 2013 — June 2014 as contained in Exhibit A are based on continuation of
the Monitoring Services as of July 1, 2013.
2. During the unexpired term of this MOA, a Party may request 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:
0
MOA- City of Los Angeles ati l ity o El �eg $ndo
Santa Monica Bay Water Quality Monitoring
Page 5 of 9
A. There is a material change in the regulatory framework for stormwater and
urban runoffs;
B. There is a proposed change, either addition or deletion of monitoring
locations, tests and frequency of tests.
C. There is a material change in the cost of providing monitoring in the
approved locations;
3. Either Party may elect to terminate this MOA for any reason in whole or in part upon 30-
days written notice to the other party. The terminating Party shall remain responsible for
its proportionate share of the costs for Monitoring Services performed up to the effective
date of termination. The City of Los Angeles shall notify in writing all Agencies within
fourteen (14) days of receiving written notice from any Party that intends to terminate
this MOA. If one of the Agencies elects to withdraw from cost sharing of Monitoring
Services before the end of the term of this MOA, the remaining cost share may be
distributed among the other Agencies based on the existing cost allocation formula,
subject to advance written amendment of Exhibits A and B agreed upon by the remaining
Agencies.
4. 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 or a new MOA is executed for employing City of Los
Angeles to perform the Monitoring Services on behalf of El Segundo, but not to exceed
twelve (12) months. The cost for the monthly monitoring shall be one- twelfth of the
previous 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:
Agreement No. 4809
MOA- City of Los Angeles and City of El Segundo
Santa Monica Bay Water Quality Monitoring
Page 6 of 9
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:
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
E -mail address: emd @san.lacity.org
El Segundo:
Invoices -
E1Segundo
Department of Public Works
150 Illinois Street
El Segundo, CA 90245
Attention: Stephanie Katsouleas
(310)524 -2356
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 to this MOA must be in writing and executed by the
Parties in the same manner as this MOA.
el
Agreement No. 4809
MOA- City of Los Angeles and City of El Segundo
Santa Monica Bay Water Quality Monitoring
Page 7 of 9
5. Incdemnification
a) Pursuant to Government Code Section 895.4 and 895.6, each Party shall each
assume the full liability imposed upon it, or any of its officers, agents or
employees, by law for injury caused by any negligent or wrongful act or omission
occurring in the performance of this Agreement.
b) Each Party indemnifies and holds harmless the other party for any loss, costs, or
expenses that may be imposed upon such other party by virtue of Government
Code section 895.2, which imposes joint civil liability upon public entities solely
by reason of such entities being parties to an agreement, as defined by
Government Code Section 895.
c) In the event of third -party loss caused by negligence, wrongful act or omission by
more than one Party, each Party shall bear financial responsibility in proportion to
its percentage of fault as may be mutually agreed or judicially determined, The
provisions of Civil Code Section 2778 regarding interpretation of indemnity
agreements are hereby incorporated.
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 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.
8. Entire Agreement - This Agreement constitutes the entire agreement of the Parties with
respect to the subject matter hereof and supersedes all prior or contemporaneous
agreements, whether written or oral, with respect thereto.
7
Agreement No. 4809
MOA- City of Los Angeles and City of El Segundo
Santa Monica Bay Water Quality Monitoring
Page 8 of 9
IN WITNESS WHEREOF, this Agreement has been executed on behalf of El Segundo on the
day, month, and year indicated on the following page. On behalf of City of Los Angeles, the
Board of Public Works executed this Agreement and attested by the City Clerk as of the date
specified below.
CITY OF LOS ANGELES
Attest:
N
lly L. WolcoO
t^int,'city- rk 0" 4
APPROVED AS TO FORM:
Mike Feuer City Attorney
By
Laurie Rittenberg
Assistant City Attorney
*115'Z4
:
BT, J p .,. .
Kevin Jatnes President
Board of Public Works
CITY OF EL SEGUNDO
A general law city
Approved as to Form:
Mark Q,,,1�pnley, City Attorney
Karl H. Be;
Assistant/6*', Attorney
6
Agreement No. 4809
MOA- City of Los Angeles and City of El Segundo
Santa Monica Bay Water Quality Monitoring
Page 9 of 9
Attest:
�, I I ,
-41 , / , 4. , 6-
T1.1 _R
alcy wiq,ox
Cit,V'Clerk'
4-
V
C
W
U
Z _
U
a �-
mrc
NO
U'w
a
H
Z
W
V
Q
6
m
Z
K
a
x
m
m
0
U
Agreement No. 4809
Agreement No. 4809
eH
oa_ A
8
a., v u a .. R .,
n
_
5 R
8 8 5 n R
3 x
x A A a x a A A
A
0 0 0 0 0 0 0 0
R 8 R R x S x& �o § R
w
._ .._ _
u S!�
e
w �s 2 v v
�x 7A a�
�Aei�A�iss sa��r
A
r�
A ARS a
a A A A A A
8 3 8 A$ A
R
R
$
o.� R
M