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CONTRACT 5010 Memorandum of Understanding CLOSEDAgreement No. 5010 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES, THE CITY OF CARSON, THE CITY OF EL SEGUNDO, THE CITY OF HAWTHORNE, THE CITY OF INGLEWOOD, THE CITY OF LAWNDALE, THE CITY OF LOMITA, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES, AND THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE DOMINGUEZ CHANNEL WATERSHED MANAGEMENT AREA This Memorandum of Agreement (MOA), made and entered into as of the date of the last signature set forth below by and between THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG), a California Joint Powers Authority, and THE CITY OF LOS ANGELES (CITY), a municipal corporation, THE CITY OF CARSON, a municipal corporation, THE CITY OF EL SEGUNDO, a municipal corporation, THE CITY OF HAWTHORNE, a municipal corporation, THE CITY OF INGLEWOOD, a municipal corporation, THE CITY OF LAWNDALE, a municipal corporation, THE CITY OF LOMITA, a municipal corporation, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California. WITNESSETH WHEREAS, for the purpose of this MOA, the term PARTIES shall mean the Cities of Los Angeles, Carson, El Segundo, Hawthorne, Inglewood, Lawndale, Lomita, Long Beach, the COUNTY, and the LACFCD; and the term CITY shall mean only the City of Los Angeles; and 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 CFR section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and WHEREAS, the Regional Board adopted National Pollutant Discharge Elimination System MS4 Permit Order No. R4- 2012 -0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the LACFCD, the COUNTY, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the County comply with the prescribed elements of the MS4 Permit; and Page 1 of 33 Agreement No. 5010 WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the PARTIES' collective jurisdictional area in the Dominguez Channel Watershed Management Area as identified in Exhibit C of this MOA; and WHEREAS, the PARTIES elected voluntarily to collaborate on the development of an Enhanced Watershed Management Program (EWMP) and a Coordinated Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit for a portion of the Dominguez Channel Watershed Management Area as identified in Exhibit C of this MOA to comply with all applicable monitoring requirements of the MS4 Permit; and WHEREAS, the PARTIES collaboratively prepared a final Scope of Work to obtain a consultant (Consultant) to assist the PARTIES in the development of a CIMP; and WHEREAS, the CIMP was submitted to the Regional Board by the PARTIES on June 26, 2014 and was conditionally approved by the Regional Board on December 11, 2015; and WHEREAS, the CITY will perform the monitoring services (sample collection, in- situ measurements, laboratory analyses and analyses reporting - collectively, "MONITORING SERVICES ") consistent with the requirements of the approved CIMP and pursuant to the MS4 Permit; and WHEREAS, the PARTIES have agreed that the total cost for this MOA shall not exceed $3,778,613; and. WHEREAS, the PARTIES have agreed for the CITY to perform and coordinate the MONITORING SERVICES on the PARTIES' behalf, and the PARTIES have agreed to pay the CITY for its MONITORING SERVICES as indicated in Tables 1A -1 E of Exhibit A of this MOA; and WHEREAS, the PARTIES agree to implement the CIMP per the submitted schedule, and the CITY may perform some of the MONITORING SERVICES pursuant to the CIMP prior to the execution of this agreement by all PARTIES; and WHEREAS, the CITY retains the right to outsource some or all of the elements of the MONITORING SERVICES, at a cost not to exceed those shown in Tables 1A -1 E of Exhibit A; and WHEREAS, the PARTIES desire to have the SBCCOG: (a) invoice and collect funds from each of the PARTIES to cover the costs of MONITORING SERVICES and pay the CITY; (b) administer this MOA; and (c) negotiate, enter into agreements with, and collect funds from individual NPDES permit holders for cost - sharing of MONITORING SERVICES as described in Section 7(e); Page 2 of 33 Agreement No. 5010 WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the estimated costs of the implementation of the CIMP based on the Distributed Cost contained in Tables 1A -1 E of Exhibit A of this MOA; and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOA; and WHEREAS, individual NPDES permit holders that are not PARTIES may wish to participate in the MONITORING SERVICES for individual permit compliance; and WHEREAS, the PARTIES contemplate allowing such individual NPDES permit holders to participate in the MONITORING SERVICES without being a party to this MOA, in order to minimize the costs of preparing and implementing the CIMP to each of the PARTIES; and WHEREAS, the SBCCOG can enter into individual separate agreements with such individual NPDES permit holders (which shall not become parties to this MOA) for MONITORING SERVICES cost sharing purposes only; and WHEREAS, if other individual NPDES permit holders participate in the cost sharing relating to the MONITORING SERVICES, the PARTIES contemplate that the cost sharing table in Exhibit A will be modified as appropriate and each PARTY's proportional payment obligation reduced accordingly to reflect other individual NPDES permit holders' payments. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA, the PARTIES, and SBCCOG 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 of the Dominguez Channel Watershed Management Area Group CIMP and to authorize the SBCCOG to administer the cost sharing. Section 3. Cooperation, The PARTIES and the SBCCOG shall fully cooperate with one another to attain the purposes of this MOA. Section 4. Voluntary, This MOA is voluntarily entered into for the implementation of the CIMP. Page 3 of 33 Agreement No. 5010 Section 5. Term. This MOA shall become effective on the last date of execution by either a PARTY or the SBCCOG and shall remain in effect for three (3) years from the effective date or until June 30th, 2018, or whichever is later. The MOA may be extended, through an amendment, for an additional three (3) years. Section 6. Commitment. Once effective, all cooperating PARTIES and the SBCCOG agree to uphold the promises contained in this MOA for the duration of the agreed upon term. Section 7. THE PARTIES AND SBCCOG AGREE: a. Monitoring Services.: The CITY will perform the MONITORING SERVICES to support the PARTIES' submittal of the MS4 Permit Annual Report as detailed in Exhibit D and per the practices found in the approved CIMP. The CITY reserves the right to modify this MOA, through an amendment approved by all PARTIES, when conditions, such as, but not limited to, expansion of CIMP requirements, impact annual costs. b. Reporting, The CITY will prepare and submit semi- and annual analytical monitoring reports to the Regional Board as described in the CIMP, as well as electronic files if requested by the Regional Board. The CITY will distribute copies of the annual reports to the PARTIES at least seven (7) business days prior to submittal to the Regional Board. The PARTIES may review and provide comments prior to submittal to the Regional Board. c. Invoicing. The SBCCOG will invoice the PARTIES in annual amounts not exceeding the invoice amounts shown in Table 3 of Exhibit A. The annual invoices will be issued in July of each calendar year in anticipation of the expected monitoring cost for the fiscal year. The CITY shall provide SBCCOG an accounting of the MONITORING SERVICES completed during each annual payment term by October 31 st of the following year. The PARTIES will form a subcommittee to verify the accounting, monitoring and other work completed and the amount of the invoices before the SBCCOG remits payment back to CITY. d. Additional Studies, The PARTIES agree that conducting additional watershed - wide special studies, monitoring with other watershed groups, conducting necessary special studies, preparing grant applications, and /or conducting other collaborative activities for the purpose of complying with the MS4 Permit may be funded by the PARTIES subject to the terms of this MOU, provided that there are available excess contract funds or contingency funds available to fund these activities. Prior to the performance of any such activities, all PARTIES must provide written approval of the activities and revised Tables 1A -1E of Exhibit A showing which PARTIES will be funding the activities and in what amounts. Page 4 of 33 Agreement No. 5010 e. Additional NPDES Permit Holders Participating in Cost __Sharing, The PARTIES contemplate allowing other individual NPDES permit holders to participate in the MONITORING SERVICES without being a party to this MOA, in order to minimize the costs of preparing and implementing the CIMP to each of the PARTIES. In the event that another NPDES permit holder wants to participate in the MONITORING SERVICES, the SBCCOG may enter into an individual separate agreement with such individual NPDES permit holder (which shall not become a party to this MOA) for MONITORING SERVICES cost sharing purposes. If other individual NPDES permit holders participate in the cost sharing relating to the MONITORING SERVICES, the cost sharing tables in Exhibit A shall be modified as appropriate and each PARTIES' proportional payment obligation reduced accordingly to reflect other individual NPDES permit holders' payments. The cost share breakdown will be updated in the watershed for which the NPDES Permit Holder is joining, i.e. if a NPDES Permit Holder is located in the Dominguez Channel Watershed, only PARTIES in the Dominguez Channel Watershed will realize a reduction in payment. Section 8. Payment, a. Annual IPa meat. The PARTIES shall pay the SBCCOG for their proportional share of the estimated cost for MONITORING SERVICES and SBCCOG fees as shown in Table 2 of Exhibit A, within sixty (60) days of receipt of the invoice from the SBCCOG. The SBCCOG will remit payment to the CITY within sixty (60) days of receipt of payments from the other PARTIES, noting any delinquent payments that remain due after deducting the SBCCOG's administrative five percent (5 %) fee as set forth in Table 2 of Exhibit A and six hundred fifteen dollars ($615) per individual permittee agreement. b. Contin encv, The CITY and the SBCCOG will attempt to notify the PARTIES if actual expenditures for MONITORING SERVICES are anticipated to exceed the cost estimates contained in Exhibit A. Inasmuch, the MONITORING SERVICES may be adaptable to sampling events during an event that may preclude the CITY from notifying the PARTIES, and the CITY may incur cost greater than the contract estimates contained in Exhibit A. The PARTIES agree to pay the CITY (through SBCCOG) for their proportional share of these additional expenditures at an amount not to exceed ten percent (10 %) of their proportional annual cost as shown in Tables 1A-1E of Exhibit A. Any costs which exceed this ten percent (10 %) contingency will require an amendment to this MOA. c. Reconciliation of this MOA. Any unexpended funds held by SBCCOG at the termination of this MOA will be reimbursed or credited to the PARTIES by the SBCCOG as requested in writing by each PARTY and in accordance with the distributed cost formula set forth in Tables 1A -1 E of Exhibit A. At the end of the MOA, the SBCCOG will provide the PARTIES with an accounting of actual expenditures within ninety (90) days. . Page 5 of 33 Agreement No. 5010 d. Late Payment Penalty. Any payment that is not received within sixty (60) days following receipt of the SBCCOG invoice shall be subject to interest on the original amount from the date of the invoice at the rate of seven percent (7 %) per annum. e. Delin uent Pa rrents. A PARTY's or PARTIES' payment is considered to be delinquent one hundred eighty (180) days after receipt of the invoice from the SBCCOG. The following procedure may be implemented to attain payments from the delinquent PARTY or PARTIES: 1) verbally contact/meet with the manager(s) from the delinquent PARTY or PARTIES; 2) submit a formal letter to the delinquent PARTY or PARTIES from SBCCOG counsel; and 3) notify the Regional Board that the delinquent PARTY or PARTIES are no longer a participating member of the CIMP. If the PARTY or PARTIES remain delinquent after the above procedures, then that PARTY's participation in this MOA will be deemed terminated, and the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A. Section 9. THE PARTIES FURTHER AGREE: a. Payment. The PARTIES agree to pay the CITY, through the SBCCOG, for the MONITORING SERVICES not exceeding the amounts shown in Tables 1A -1 E of Exhibit A, based on the distributed cost formula in Tables 1A-1E of Exhibit A, attached hereto and made a part of this MOA by this reference. b. Documentation. The PARTIES agree to provide all requested information and documentation in their possession and available for release to the CITY that is deemed necessary by the PARTIES to perform the MONITORING SERVICES at no cost to the CITY. c. Each PARTY shall allow reasonable access and entry to the CITY, on an as- needed basis during the term of this MOA, including but not limited to the PARTY's storm drains, channels, catch basins, and similar properties (FACILITIES) to achieve the purposes of this MOA, provided, however, that prior to entering any of the PARTIES FACILITIES, the CITY shall provide written notice seventy -two (72) hours in advance of entry to the applicable PARTY, or in the cases where seventy - two (72) hour advanced notice is not possible, such as in cases of unforeseen wet weather, as early as reasonably possible. The CITY shall secure any required necessary permits prior to entry. d. Each PARTY agrees that due to certain monitoring activities, such as toxicity testing, the total cost of this MOA is not inclusive of those activities that may be required to successfully complete the analyses. Thus, the PARTIES agree to fund the required additional work when the CITY notifies them that the activity has taken place. The PARTIES agree to pay the CITY (through the SBCCOG) for their proportional share of these additional expenditures at an amount not to exceed Page 6 of 33 Agreement No. 5010 their proportional annual cost plus the ten percent (10 %) contingency as shown in Exhibit A. No PARTY will be obligated to pay for additional expenditures which exceed this amount absent an amendment to this MOA. e. Each PARTY agrees that in the course of the MONITORING SERVICES, the results may require the participating PARTIES to seek technical consultant services. The total cost of this MOA is not inclusive of these technical consultant services. Thus, the PARTIES agree to fund the additional work and authorize the CITY to seek the technical consultant services. The PARTIES agree to pay the CITY (through the SBCCOG) for their proportional share of these additional expenditures at an amount not to exceed their proportional annual cost plus the ten percent (10 %) contingency as shown in Exhibit A. No PARTY will be obligated to pay for additional expenditures which exceed this amount absent an amendment to this MOA. Section 10. Indemnification a. Each PARTY including the SBCCOG shall indemnify, defend, and hold harmless every other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to, demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with the respective acts of that PARTY arising from or related to this MOA; provided, however, that no PARTY shall indemnify another PARTY for that PARTY's own negligence or willful misconduct. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the PARTIES hereto, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOA to the same extent such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each PARTY indemnifies, defends, and holds harmless every other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 11. Withdrawal a. Any PARTY including the SBCCOG may withdraw from this MOA for any reason, in whole or part, by giving the other PARTIES and the Regional Board thirty (30) days written notice thereof. Withdrawing PARTIES shall remain wholly responsible Page 7 of 33 Agreement No. 5010 for their share of the costs of MONITORING SERVICES for the extent of the effective term of this MOA. 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 CIMP. Upon withdrawal by the SBCCOG, the PARTIES shall meet and confer to designate an alternate organization to accept the SBCCOG's responsibilities under this MOA. b. The SBCCOG shall notify in writing all PARTIES within fourteen (14) days of receiving written notice from any PARTY that intends to terminate this MOA. c. 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. 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 and /or SBCCOG at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. PARTIES and SBCCOG shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. 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 (3) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. b. Administration. For the purposes of this MOA, the PARTIES including SBCCOG hereby designate as their respective representatives the persons named in Exhibit B. 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 or the SBCCOG 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 to this MOA shall have power to incur any debt, obligation, or liability on behalf of any other party unless expressly provided to the contrary by this MOA. No employee, agent, or officer of a party shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another party. Page 8 of 33 Agreement No. 5010 d. Bindinq Effect. This MOA shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each party to this MOA; provided, however, no party may assign its respective rights or obligations under this MOA without the prior written consent of the other parties. e. Amendment. The terms and provisions of this MOA may not be amended, modified, orwaived, except by an instrument in writing signed by all non - delinquent PARTIES and the SBCCOG. Such amendments may be executed by those individuals listed in Exhibit B or by a responsible individual as determined by each PARTY. 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 trial courts shall lie exclusively in the County of Los Angeles. g. No Presumption-in Draftinq, The parties to this MOA agree that the general rule that an MOA is to be interpreted against the party drafting it, or causing it to be prepared shall not apply. h. Severabilitv. 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. Entire Aqreement. This MOA constitutes the entire agreement of the parties to this MOA with respect to the subject matter hereof. j, Waiver. Waiver by any party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. 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. k. Counterparts. This MOA may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all parties to this MOA. 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. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and SBCCOG and shall be rectified by amending this MOA as described in Section 12(e). Page 9 of 33 Agreement No. 5010 IN WITNESS WHEREOF, the PARTIES and SBCCOG hereto have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: Page 10 of 33 COUNTY OF LOS ANGELES "4 By W .G —GAIL FAh BER, Director of Public Works APPROVED AS TO FORM: Mary C. Wickham County Counsel By.... . . .... . ... . .. .. .. ............ . - -------- Deputy Page 11 of 33 Agreement No. 5010 Date 1 2, Date LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By —, A� , L . F'A' b'fff Chief Engineer APPROVED AS TO FORM: Mary C. Wickham County Counsel By . .................. Deputy Page 12 of 33 Agreement No. 5010 Date Date CITY OF CARSON By KEN—NE44 d-.—F'Al'N—G, " City Manager '"," By City C'lerk, APPROVE I t, City Aft TO FORM: Agreement No. 5010 z/( Date Date V-� - ­ ­ . C L4 Agreement No. 5010 ATTEST: l`rwer APPROVED AS TO FORM: By ul � r ( for ti rk Hen l City Attorney Page 14 of 33 Agreement No. 5010 CITY OF LAWNDALE Date- 17 By: Pullen-Miles Mayor ATTEST: City Clerk APPROVED AS TO FORM: By: T1111-11 J.1-la'l City Attorney 01001.0001/292607.1 Page 15 of 33 CITY OF LOS ANGELES Date: JUN 9 2016 ATTEST: APPROVED AS TO FORM: Michael N. Feuer City Attorney Agreement No. 5010 Page 16 of 33 CITY OF H!AWTH!ORNE .. .... .. p,d f yi' Arnold Shadbehr Interim City Manager ATTEST: w Ilor rc IHuber City Clerk APPROVED AS TO FORM: By: If Russell Miyahir, City Attorney Page 17 of 33 Agreement No. 5010 CITY OF INGLEWOOD Date: If ATTEST: i Horton City Clerk APPROVED AS TO FORM: a Kenneth R. Campos City Attorney Agreement No. 5010 By:^ Jam("�,s,' . But ts .. ...� ._ .:.�:...._.....__�_ , Jrw� Mayor Page 18 of 33 CITY OF LOMITA Date: ATTEST: Sandra Medina City Clerk APPROVED AS TO FORM: By City Attou y Agreement No. 5010 By:w _..,.. ij azeley 1°a or Page 19 of 33 South Bay Cities Council of Governments Date: ATTEST: By: suzg6ne Charles Administrative Officer APPROVED AS TO M K66'6el Jenking,"- .00C Counsel for the SBC(" By: Jill G ley i Ghl i r Page 20 of 33 Agreement No. 5010 Agreement No. 5010 EXHIBIT A Dominguez Channel Enhanced Watershed Management Area CIMP able 1A. CIMP Im} lementation Cost _.... Dominguez Channel Watershed Management Area CIMP Summary Table Costs (Shared Items) Fiscal Year Fiscal Year Fiscal Year Total over 3 Agency 15 -16 16 -17 17 -18 years Total Cost of DC WMA CIMP $1,148,989 $1,269,477 $1,161,166 $3,579,632 LACFCD $63,232 $69,372 $63,959 $196,562 City of Los Angeles $439,786 $478,175 $447,396 $1,365,357 County of Los Angeles $167,046 $198,508 $185,430 $550,984 City of El Segundo $25,364 $22,722 $17,327 $65,414 City of Inglewood $78,681 $70,485 $53,748 $202,914 City of Hawthorne $78,836 $70,624 $53,853 $203,314 City of Lomita $26,325 $70,884 $86,751 $183,960 City of Lawndale $25,513 $22,856 $17,428 $65,797 City of Carson $244,206 $265,850 $235,274 $745,330 Total Cost = Universal Costs (Shared Items) + Dominguez Channel Watershed Costs + Machado Lake Watershed Costs + LA Harbor Costs $153,859 City of Lomita 1,227.70 2.41% Table 113. Universal CIMP Costs Universal Costs (Shared Items) Area % of Total Fiscal Year Fiscal Year Fiscal Year Total over 3 Agency (acres) Area 15 -16 16 -17 17 -18 years Universal Costs (shared) 50,886.10 100% $826,506 $719,725 $571,317 $2,117,548 LACFCD1 -- $41,325 $35,986 $28,566 $105,877 City of Los Angeles 9,243.21 37.82% $296,926 $258,564 1 $205,248 $760,738 County of Los Angeles -. 8,140.91 16.00% $125,616 $109,387mmmimm mmmmmmm$86,831 $321,833 �,5 City of El Segundo 1,252.18 ° 2.46% $19,321 $16,825 $13,3 56 $49,502 City of Inglewood - 3,884.28 mm..... 7.63% m.... $59,935 $52,192 $41,430 $153,557 City of Hawthorne 3,891.93 7.65% $60,053 $52,294 $41,511 $153,859 City of Lomita 1,227.70 2.41% $18,944 $16,496 $13,095 $48,534 City of Lawndale 11259.51 2.48% $19,434 $16,924 $13,434 $49,792 City of Carson 11,986.38 23.56% $184,952 $161,057 $127,847 $473,855 1 LACFCD is responsible for 5% of the Universal Costs, which is subtracted before distributing the cost among the other agencies. Page 21 of 33 Agreement No. 5010 i Channel able Dom in uez Watershed ...a.._... Mon'torin ...�9.� Costs - __�.,,,,. Area / of Total Fiscal Year Fiscal Year Fiscal Year Dominguez Channel Watershed .% Monitoring Cost Distribution Watershed Monitoring' 5,669.61 100% $36,318 Area of Total Fiscal Year Fiscal Year Fiscal Year Total over 3 Agency (acres) Area 15 -16 16 -17 17 -18 years Dominguez Channel City of Lomita 1,212.93 2 $7,381 1.39% $54,388 $73,657 $135,426 Wilmington Drain Bed Sediment Monitoring Monitoring 33,785.82 100% $171,636 $167,496 $112,781 $451,913 LACFCD1 - z LACFCD is responsible for 5% of Machado Lake Watershed Monitoring cost which is subtracted before distributing the cost $8,582 $8,375 $5,639 $22,596 City of Los Angeles 5,986.68 17.72% $28,892 $28,195 $18,985 $76,073 County of Los Angeles 6,755.80 20.00% $32,604 $31,818 - $21,424 $85,846 City of El Segundo 1,252.18 3.71% $6,043 $5,897 $3,97 1 $15,911 City o Inglewood _ - 3,884 28 -- - - -_._ 11 50% 46 $18, ?... 18,294 ...... . - - -- - $ 12,31. -- .. 8 $49 358 - City of Hawthorne 1 3,891.93 11.52% $18,783 $18,330 $12,342 $49,455 City of Lawndale 1,259.51 3.73% $6,079 $5,932 $3,994 $16,005 City of Carson 10,755.44 31.83% $51,907 $50,655 $34,108 $136,670 LACFCD is responsible for 5 °0 esponsib .o f r... ., he Dominguez ....... _ Channel Watershed Cost which -- is subtracted before distributing .. ...........m.....,..,,. _ the cost among the other agencies. able 1D. Machado Lake Watershed Monitoring Costs Machado Lake Watershed Monitoring Cost Distribution _.... _o.........._ .... Area / of Total Fiscal Year Fiscal Year Fiscal Year Total over 3 Agency (acres) Area 15-16 ......._uu �..........__...........a I 16-17 17 -18 years _ mITITIT mIT Machado Lake Watershed Monitoring' 5,669.61 100% $36,318 $267,606 $362,415 $666,339 LACFCD2 - $1,816 $13,380 $18,121 $33,317 City of Los Angeles 1,998.43 35.25% $12,161 $89,610 $121,357 $223,128 County of Los Angeles 1,250.88 22.06% $7,612 $56,089 $75,961 $139,663 City of Carson 1,207.37 21.30% $7,347 ....._..�., w .� -..... $54,138 $73,319 $134,805 ..- ..- ..__.__.......,...�w_ City of Lomita 1,212.93 2 $7,381 1.39% $54,388 $73,657 $135,426 Wilmington Drain Bed Sediment Monitoring (LACFCD)3 $6,087 $6,209 $6,211 $18,506 1 'Machado Lake Watershed Monitoring includes: In -Lake monitoring for the Nutrients & Toxics TMDLs, Non - Stormwater Outfall Screening & Monitoring, Stormwater Outfall Monitoring In Project 510 and 77 drains, and Dry & Wet Weather monitoring in Wilmington Drain. z LACFCD is responsible for 5% of Machado Lake Watershed Monitoring cost which is subtracted before distributing the cost among the other agencies. 3 LACFCD is responsible for 100% of Wilmington Drain Bed Sediment Monitoring Page 22 of 33 Agreement No. 5010 Monitorinq Costs o�e�� ��n�r�nm��r Watershed 15-16 16-17 17-18 years LA Harbor Monitoring Cost Distribution Area % of Tota I Fiscal Year Fiscal Year Fiscal Year Total over 3 Age (acres) Area LA Harbor Monitoring 11,392.33 100% $108,�44,2 $108,442 $108,442 $325,326 City of Los Angeles 11,258.10 98.82% $101,806 $101,806 $101,806 $305,418 County of Los Angeles 134.23 LL18% $1,214 $1,214 $1,214 $3,641 ^LAcpoD is responsible for smnf the cA Harbor Cost, which is subtracted before distributing the cost among the other agencies. Notes: cA Harbor Monitoring includes the cost vf monitoring the Main Ship Channel (+w/o7). Monitoringfor the LA Harbor Bacteria TMDL at Cabrillo Beach (CB-01 and CB-02) isU,ezolenspongbm,vuyo,yvyLu,xnge/es and is not covered /o this /wnw. xvon/uonwo/hr the Greater Harbors portion vy the Dominguez Channel nnxonmnL isfuodod under o separate xv0x. Table 2 South Bay Cities Council FY 15-16 CIMP Implementation Invoice Amount per year $1,148,989 SBCCOG Contract Management S8CCOG Attorney Fee FY 16-17 $l'Z69477 $63'474 $S'08O FY 17-18 $5,000 Total ie , -ihe'S13CCOG yearly attorney fee will be $5,000. The attorney fee is doubled for FY15-16 to account for costs in developing Page 23 of 33 Agreement No. 5010 Table 3. Invoice Schedule: SBCCOG to invoice Agencies Agency Invoice Date Date ........................... January 20161 �..._ ..... All costs incurred for FY 14 -15 and FY 15 -16 January 20161,2 July 2016 a July 2017 4 LACFCD $66,604.34 $72,795.61 $67,111.62 City of Los Angeles $464,017 $502,775 $470,050 County of Los Angeles $177,297 $208,915 $195,014 City of El Segundo $26,941 $24,323 1 $18,801 City of Inglewood $83,572 $75,451 $58,320 City of Hawthorne $83,737 $75,600 $58,435 City of Lomita $27,871 $72,453 $88,197 City of Lawndale $27,099 $24,466 $18,911 City of Carson $259,300 $281,173 $249,385 Total $1,216,438 $1,337,951 $1,224,224 u This Includes the cost for monitoring preparation and FY 15 -16 2 Or upon execution of this agreement, whichever is later 3 This includes all costs for FY 16 -17 ° This includes all costs for FY 17 -18 Table 4. City of Los Angeles Invoice Schedule to SBCCOG ........ ..._....... ..... __. Invoice Date Period of Work ........................... January 20161 �..._ ..... All costs incurred for FY 14 -15 and FY 15 -16 July 2016: . ..................... µJuly Between 7/1/2016 to 6/30/2017 µµBetween 2017: 7/1/2017 to 6/30/2018 1 Or upon execution of this agreement, whichever is later Page 24 of 33 Agreement No. 5010 EXHIBIT B Dominguez Channel Enhanced Watershed Management Area CIMP Responsible Agencies Representatives and SBCCOG Contact - .............. ., Agency Address ...... Agency Contact City of Los Angeles - ShahramKharaghani�� Department of Public Works E -mail: Shah ram, Khara Bureau of Sanitation, Watershed Protection Division Phone: (213) 485- 0587�� 1149 S. Broadway Fax: (213) 485 -3939 Los Angeles, CA 90015 �� County of Los Angeles Angela George Department of Public Works E-mail: Watershed Management Division, 11th Floor Phone: (626) 458- 4304�ryy . ...__.. 900 South Fremont Avenue Fax: (626) 457 -1526 Alhambra, CA 91803 -1331 ..... __ .......................... Los Angeles County Flood Control District .... .... . ................ _ Angela George Department of Public Works E- mail: ,,M Watershed Management Division, 11 th Floor Phone: (626) 458 -4304 900 South Fremont Avenue Fax: (626) 457 -1526 Alhambra, CA 91803 -1331 City of Carson - Kenneth C. Farfsing, Interim City Office of the City Manager Manager 701 E. Carson Street E-mail: kfarfsinq(a)carscn.ca.us �5 Carson, CA 90749 Phone: 310 83� ( ) -7261 City of E�.Se- gundo........ Lifan Xu 350 Main Street E-mail: Ixu el oir� El Segundo, CA 90245 -3895 Phone: (310) 524 -2368 ..... ............................... City of Hawthorne ..____ _ _....- ............... Doug Krauss 4455 West 126th Street E -mail: dkaaLr. ,�sj.za ai /ofh,3WthCX'ne cry Hawthorne, CA 90250 -4482 Phone: (310) 349 -2987 Arnold Shadbehr, P.E., Interim City Manager E-mail:ItmI➢flaR ^i?° i�futr�e rbf. Phone: (310) 349 -2980 Page 25 of 33 Agreement No. 5010 ity of Inglewood Lauren Amimoto 1 W. Manchester Blvd. 3rd Floor E­rnaH' ,�im�rnoto( Inglewood, CA 90301-1750 Phone: (310) 412-5192 FAX: (310) 412-5552 Louis A. Atwell, Public Works Director �E aiaH- Phone: (310) 4 1 2 -53 3 ity of Lawndale ........... Steve Mand6d Office of the City Manager E­ma�[: sr'na rid o �aw n d a lec� �'vr,o � �.4 '0_fbF37_1-3"_2'_0__2 ... .... 14717 Burin Avenue ........ . ...... . Phone: Lawndale, CA 90260 Fax: (310) 371-8877 f �orn "I i 11 t 11 a "I'l"----.------�—�-11,11111111-111-11 Mark McAvoy,_Pu'R�cWorks Director 24300 Narbonne Avenue E-mail: �'C' Lomita, CA 90717 Phone: (310) 325-7110 ext. 210 South Bay Council of Governments Jacki Bacharach 20285 S. Western Ave., #100 E­ff4i�l� J1a(..,Jk�1(-(, �.;outhbay6��es Torrance, CA 90501 ............................. ............................... . ....... Phone: (310) 293-2612 ... . ......... Page 26 of 33 Agreement No. 5010 EXHIBIT C Dominguez Channel Enhanced Watershed Management Area Group .. ..... ....... . . ..... .... . . . ...... ............ ... "� �., t� llrpa�pp p ����T�muuo "o�,m�.. w �"�'MwIA+'�uma�,�r,li p 116 r SAN", gp Imam ti to f � ° 'n r. r Y11n+- IV a nnallarn� r Al r ✓ ✓ u �✓ n��� / a� L GE lido 'l '' � 'rQ / i r r ✓ 1 r/ PItlMIW�Yk I[WJ�"�ra*�udw 2 d0.dNH1R' of � I f Ora / / 'N.umw.mr�aa r% r�� r r i /r /G f r ii,u r��� err ✓ ✓`'i �" /. �In @r / r� r �� a 1 �. .- r °s ^n lk 1 ✓� r /✓ � r � � � "r r � r� &°z n.,rN.,..: :.».,. ���,u e ,��, '� a (dik �aFn„ fir,!✓ r r�� n w ory f/ °,f✓�rhrl ' r ✓ / / F,Ae �I� /� n, ✓ a / r / rn a n'NU' uIP ieu 'tip r iNJINN'a �: / l 1 �r i l w� ✓/ / E A4 ^ yr �1(�� "es7" /V ✓d, r' nrA a Il.lri nwwguie n lwm* "fi r , r �' /✓ . 4 Ids r� r'wN'rmw 01,11id r J r POW IMU Omrnronmimo �� ��^."�'.N dl'wd 4r f N 4ltlllma4Om ', Aimsi� knmt, rf I a sari. �mwZINboVi a n CA I I d w°p sM.,.;;5 ur _71771f,17 ,. w, ipn la���e6 ar IN" nuw me "' t � "Amd & y r,,;�a", �runa,.,ann� ,r v.:�r uw,r :rroww✓',��w,��. n. now_=' Dominguez Channel Watershed Management Area Group Y m IIM N f AI M/fn. CON bll6lr4�vf- FdMTL YP IEWun-Y •• 11N wiwrvN" I I %e.� ; m m.( .� °w 0 .,, Iw.• ✓ ma o�I, yd(N Yn f n l/<A; 7MpS q Y' 6 vud .A oa ,:tiY�1 iM1"�i %P I'll J p�'nll YCrt', tit Agreement No. 5010 EXHIBIT D Detail of Monitoring Services to support the PARTIES submittal of the MS4 Permit Annual Report rogram Contact Information Permittee PermWittee Program Supervisor o , d 'eB� i Title irk r�'� °h w'&t rau�rP ^��uz"rs�Pfs•� Address . t Co' de Phone Fax Number I XVIII.A.1. Stormwater Control Measures Effective Im ervious .. Area (acres) Dec. 28, 2012_...__ (baseline) i Dec. 28, 2013 Dec. 2$, 2014 —.... ._._._-_ _...._._.N.N. ..._.. ..... ���.....��. .� ................ Dec. 28, 2015 �... __ m_. ...................................... ............�.�................ _,....,._... ....................,..... Dec. 28, 2016 ........_ TOTAL FISCAL YEAR ........ 2013/2014 Num. of Projects�Num. of Projects Acres of Effective Est. Total Runoff Constructed that reduced or impervious Area Volume retain disconnected disconnected from onsite impervious area MS4 from New Development Projects I � 7 �0g (k) r ��4 k Redevelo ment Projects _ _ ...�,.. _.,�,�. ... ........................ (a) 45 4 O Other Pro ects that - nt—erc e t _ _ ....... _ . -------- .. _.._ ........._ ...a runoff Riparian buffer /wetland restoration projects Watershed TMDL related projects (a) Los Angeles River (b) Ballona Creek (c) Santa Monica Bay (d) Marina del Rey (e) Dominguez TOTAL ..f........�. _.._ .... Summary of other � MC.. Ms implemented Page 28 of 33 Agreement No. 5010 EXHIBIT D XVIII.A.2. Effectiveness Assessment of Storm Water Control Measures Rainfall Summary FISCAL YEAR 2013 / 2014 - — __ __.....__ .... ......... ............ . Total No. of Storm Events .................................................................._........................ ............................... Highest Volume Event (in /24 hr) Highest No. of C__������'n� s� e' cutive days of...ai.....���.....- _ _Con s ra'nfall i Total Rainfallmm Rainfall: Stormwater Outfall & Wet- weather Receiving Water Monitoring Events Event Date Storm start Storm Highest storm TOTAL Span between time Duration intensity - Storm sample event 15min Volume & previous storm event (XX /XX /XXXX) (AM/PM) (hrs) (in /hr) (in) (hr) Provide hydrographs or flow data of pre- and post - control activity for the 85th percentile, 24 -hour rain event, if available, if control measures were designed to reduce impervious cover or storm water peak flow and flow duration. Comparison of reference watershed flow duration curve and flow duration curve for subwatershed under current conditions. L J ), 1 f jj I,,...L j^ ASSESSMENT: Quality of storm water discharges as measured at designed outfalls is improving, staying the same or declining. Page 29 of 33 Agreement No. 5010 [W.001 we ASSESSMENT: Wet- weather receiving water quality within the jurisdiction of the Permittee is improving, staying the same or declining, when normalized for variations in rainfall patterns. STATUS: Multi -year efforts, including TMDL implementation (no Trash TMDL), that were not completed in the current year and will continue into the subseauent vear(sl. l '1 r h STATUS: Multi -year efforts for Trash TMDL that were not completed in the current year and will continue into the subseauent vear(s). Page 30 of 33 EXHIBIT D XVIII.A.3. Non -Storm Water Control Measures Agreement No. 5010 .............................................. ...........m................... ..._ Significant Non- Stormwater Discharges �,....,...,.....r . . Subwatershed No. of No. of N Total No. of Confirmed ..................... Outfalls m . major outfalls outfalls outfalls screen screen since Total TotalTotal No. Total No. Dec. 28, Identified attributed Abated being 2012 to allowable monitored sources 2 STATUS: Multi -year efforts, including TMDL implementation, that were not completed in the current year and will continue into the subsequent year(s). _! XVIII.A.4. Effectiveness Assessment of Non -Storm Water Control Measures ASSESSMENT: Whether receiving water quality within the jurisdiction of the Permittee is impaired, improving, staying the same or declining during dry- weather conditions. ASSESSMENT: Effectiveness of the Permittee(s) control measures in effectively prohibiting non -storm water discharges through the MS4 to the receiving water. STATUS: multi -year efforts that were not completed in the current year and will continue into the subsequent r��,l1f1'1I IN i(�x'71�l Page 31 of 33 Agreement No. 5010 XV.111,X6, Adaptive Management Strategj�q ' Detailed description of control measures to be applied to New Development or Re-development projects disturbing more than 50 acres. Page 32 of 33 EXHIBIT D XVIII.A.5. Integrated Monitoring Compliance ReDort Monitoring ID Exceeclances ............... . If aquatic toxicity .......... Description of . . . ........... Data Section XILF &G was confirmed and of IVIRP Mitigation Effort Efforts for Efforts to a TIE was Taken Exceeclances determine cause or conducted contribute to exceeclances Outfall- Based on: ID toxic chemicals Describe efforts to To address storm Description of based storm RWL water as determined by mitigate and/or water discharges that efforts that were water s limitations the TIE. eliminate all non- exceeded one or more takein to determine Wet wate:tquality- include all relevant tortr, water applicable water whetheir &schairges based effluent data to allow the discharges that quality based effluent hoirn the Mitt weather limitations RB to review the exceeded one or more limitations, or caused caused or receiving nonstorm adequacy and applicable water or contributed to conu,,� ' buted to Ih,,.,. water water action indings of the TIE. quality based effluent Aquatic Foxicitv. oXce�,.dances. Dry weather levels f Ii m i tat iona_non-5torrn Afl effcva, eh at w,,rja receiving aquatic Shall include: water ac' .n levels, or talen V",, water toxicity • sample date rain, "d OV dl,; char)7r' of Non-storm— thresholds ■ sample start & end lo pokita"r,10 the water time M'.'J All sample results 0 sample type (flow- ec"�I rM W 5 r outfall that exceeded weighted one or more composite, grab, or ex r 'ee d" - "'h'y applicable field measurement) thresholds shall sample location(s) be readily as depicted on the identified. map the parameters analytical results 71 applicable limitation . ... . . . . . . . . . . .. ........... .. ..... XV.111,X6, Adaptive Management Strategj�q ' Detailed description of control measures to be applied to New Development or Re-development projects disturbing more than 50 acres. Page 32 of 33 Agreement No. 5010 EXHIBIT D Status of all multi ear efforts that were not completed in the current year and will continue i t y l� ue into the subsequent XVIII.A.7. S!Mpoafm, , Data and Information Example of Excel spreadsheet column headers that would need to be prepared and submitted with Annual Report. Paramete r Value Unrt Analytical Station Watershed - � �_- Sample Method ID Type Start End Time Time ["'6a—te 14.. Cu 4 m9 /I SM- ? ??....... _LA 1 . LAR ^grab. 1........ 1 .. 5:30 19:45 45 KVi1l.A.2. Rainfall: Stormwater Outfall & Wet - weather Receiving Water Monitoring Events (Date field must be linked to a database summarizing the weather data already prepared) ... ......................._....._. _ __._....._..._. Permittee may at its option, provide an additional detailed summary table describing control measures that are not otherwise described in the reporting requirements. Page 33 of 33