CONTRACT 5577 Memorandum of UnderstandingAgreement No. 5577
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) AND
ENHANCED WATERSHED MANAGEMENT PLAN (EWMP)
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. Collectively,
these entities shall be known herein as PARTIES or individually as PARTY.
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,
Los Angeles County Flood Control Districts (LACFCD), the County of Los Angeles
(COUNTY)�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,
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Agreement No. 5577
Long Beach, Palmdale, and Lancaster) within the County comply with the prescribed
elements of the MS4 Permit; and
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 E 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 E of
this MOA to comply with all applicable monitoring requirements of the MS4 Permit; and
WHEREAS, the EWMP was submitted to the Regional Board by the PARTIES on
June 25, 2015—and revised to include Carson and Lawndale on February 26, 2016—
and was approved by the Regional Board on April 21, 2016; 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 PARTIES have agreed for the CITY to perform and coordinate
the MONITORING SERVICES of the CIMP and the EWMP-RELATED TASKS on the
PARTIES' behalf, and the PARTIES have agreed to pay the CITY for their services as
indicated in Tables 1A -1E of Exhibit A and Tables 1-8 of Exhibit B, respectively, of this
MOA; consistent with the requirements of the approved plans and pursuant to the MS4
Permit; and
WHEREAS, the CITY retains the right to outsource some or all of the elements of
the MONITORING SERVICES and EWMP-RELATED TASKS, at a cost not to exceed
those shown in Tables 1A-1 E of Exhibit A and Tables 1-8 of Exhibit B; 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
EWMP-RELATED TASKS 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; and (d) negotiate, enter into
agreements with consultant(s) to execute services to uphold the SERVICES and
TASKS of this MOA; and
WHEREAS, the PARTIES have agreed that the total cost for this MOA shall not
exceed $6,321,367 as shown in Table 1 of Exhibit C; and.
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Agreement No. 5577
WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the
estimated costs of the implementation of the CIMP and EWMP based on the Distributed
Cost contained in Tables 1A-1 E of Exhibit A and Tables 1-8 of Exhibit B, respectively, 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
invoicing table in Exhibit C 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 and TASKS of the Dominguez Channel Watershed
Management Area Group CIMP and EWMP 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 and EWMP.
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Agreement No. 5577
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 five (5) years from the
effective date or until June 30th, 2023, 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. Monitorinq Services. The CITY will perform the MONITORING SERVICES to
support the PARTIES' submittal of the MS4 Permit Annual. 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,
additional EWMP-RELATED TASKS impact annual costs.
b. Reportinq. The PARTIES authorize the CITY to prepare and submit semi-annual
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
shall distribute the semi-annual and annual reports to the PARTIES fifteen (15)
businesses days prior to submittal to the Regional Board. The PARTIES may
review the monitoring report and submitted comments to the CITY prior to its
submittal to the Regional Board.
c. Invoicinq. The SBCCOG will invoice the PARTIES in annual amounts not
exceeding the invoice amounts shown in Table 1 of Exhibit C except the CITY.
SBCCOG will pay the CITY, the difference of funds collected minus the sum of
administrative costs and CITY portion of shared cost for MONITORING
SERVICES and EWMP-RELATED TASKS. The annual invoices will be issued in
May 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 and EWMP-RELATED TASKS completed during each annual
payment term by October 31St of the following year. Contingency and other funds
shall be retained by SBCCOG to be used at the discretion of the watershed
group. The PARTIES will form a TAC 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 necessary
special studies, preparing grant applications, and/or conducting watershed -wide
special studies, monitoring with other watershed groups, 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 MOA, provided that there are
available excess contract funds or contingency funds available to fund these
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Agreement No. 5577
activities. Prior to the performance of any such activities, all PARTIES much
provide written approval of the activities and revise Tables 1A -1E of Exhibit A
and/or Tables 1-8 of Exhibit B showing which PARTIES will be funding the
activities and in what amounts.
a. Contracting, 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 SGCCOG 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 invoicing tables in Exhibit C shall
be modified as appropriate and each PARTIES' proportional payment obligation
reduced accordingly to reflect other individual NPDES permit holders' payments.
Section 8. Payment.
a. Annual Pavment. The PARTIES shall pay the SBCCOG for their proportional
share of the estimated cost for MONITORING SERVICES EWMP-RELATED
TASKS including SBCCOG fees as shown in Table 2 of Exhibit A and B, 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 fixed fee fee as set forth in Table 2 of Exhibit A
and B and twelve hundred and thirty dollars ($1230) per individual permittee
agreement. The invoicing amounts presented in Exhibit C have been agreed
upon by the PARTIES and are subject to change, through an amendment,
pursuant to unforeseen challenges.
b. Program Manaqement Fee. The costs of MONITORING SERVICES in Exhibit A
and EWMP-RELATED TASKS in Exhibit B include a Program Management Fee
for facilitation of this MOA by the SBCCOG in the combined amount of $50,000
per year as shown in Table 2 of Exhibit A and B.
c. Continqencv, The CITY and the SBCCOG will attempt to notify the PARTIES if
actual expenditures for MONITORING SERVICES and/or EWMP-RELATED
TASKS are anticipated to exceed the cost estimates contained in Exhibit A and
B. 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
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Agreement No. 5577
ten percent (10%) of their proportional annual cost as shown in Tables 1 of
Exhibit C. Any costs which exceed this ten percent (10%) contingency will require
an amendment to this MOA. These funds will be held by SBCCOG until such
time as they are needed.
d. 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 1 of Exhibit C or PARTIES may elect
to roll-over unexpended costs to cover monitoring expenses in the subsequent
MOA. At the end of the MOA, the SBCCOG will provide the PARTIES with an
accounting of actual expenditures within ninety (90) days.
e. Late P'ayrnent Penalty. Any payment that is not received within 60 days following
receipt of the SGCCOG invoice shall be subject to interest on the original amount
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
(1%) for any payment that is made from one (1) to thirty (30) days after the due
date. The Prime Rate in effect when the payment first became due plus five
percent (5%) shall apply to any payment that is made from thirty one (31) to sixty
(60) days after the due date. The Prime Rate in effect when the payment first
became due plus ten percent (10%) shall apply to any payment that is made
more than sixty (60) days past the due date. The rates, shall nevertheless, not
exceed the maximum allowed by law.
f. Delinquent Payments. 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 or EWMP. 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 C.
Section 9. THE PARTIES FURTHER AGREE:
a. Payment. The PARTIES agree to pay the CITY, through the SBCCOG, for the
MONITORING SERVICES and EWMP-RELATED TASKS not exceeding the
amounts shown in Tables 1 of Exhibit C, based on the distributed cost formula in
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Agreement No. 5577
Tables 1A -1E of Exhibit A, and Tables 1-8 of Exhibit B, 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
and EWMP-RELATED TASKS 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. LACFCD,
being a member of this MOA, agrees to provide a "no -fee" Access Permit to their
facilities/structures which require access to perform the MONITORING
SERVICES and EWMP-RELATED TASKS by the CITY. This Access Permit
does not cover any fees that may be required for Construction Permits for the
installation of permanent monitoring equipment. The CITY shall secure any
required necessary permits prior to entry.
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 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. Reportinq. The City of Los Angeles shall distribute the semi-annual and annual
reports to the PARTIES 15 days prior to its intended date of submittal to the
Regional Board. The PARTIES may review the reports and submitted
comments to the City of Los Angeles prior to its submittal to the Regional Board.
The City of Los Angeles has control of the submittal but shall discuss the
PARTIES' comments as they apply to the report.
Section 10. Indemnification
a. Each PARTY and the SBCCOG shall indemnify, defend, and hold harmless each
other PARTY, including its special districts, elected and appointed officers,
employees, agents, attorneys, and designated volunteers from and against any
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Agreement No. 5577
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 each 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
Section 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 each 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. Termination
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 for their share of the costs of MONITORING SERVICES and EWMP-
RELATED TASKS 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 and/or EWMP. 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.
d. EQUIPMENT Ownership - Devices such as, automatic sampling stations
inclusive of a cabinet, sampling equipment, ancillary devices, power supplies
(EQUIPMENT) may be installed to implement the LIMP. Any member of the DC
Watershed group voluntarily terminating membership will not be entitled to a
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Agreement No. 5577
refund for the portion of the share paid to acquire and to operate the
EQUIPMENT nor for the remaining value of the EQUIPMENT, if any. The
operational life of such EQUIPMENT is approximately seven years, and after
which it may be obsolete or may require major remodel or replacement of
electrical and mechanical components costing equivalent to a purchase of a new
EQUIPMENT. The remaining members of the DC watershed group agree to
own, operate and maintain and or replace the EQUIPMENT.
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 D 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 D. 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 D.
b. Administration. For the purposes of this MOA, the PARTIES including SBCCOG
hereby designate as their respective representatives the persons named in
Exhibit D. 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.
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.
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Agreement No. 5577
e. Amendment. The terms and provisions of this MOA may not be amended,
modified, or waived, except by an instrument in writing signed by all non -
delinquent PARTIES and the SBCCOG. Such amendments may be executed by
those individuals listed in Exhibit D 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 Drafting. 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. Severability. 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.
i. Entire Agreement. This MOA constitutes the entire agreement of the parties to
this MOA with respect to the subject matter hereof.
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).
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:
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COUNTY OF LOS ANGELES
By
Dire oro..
rks
ark estrella, Dire or of Public
APPROVED AS TO FORM:
Mary C. Wickham
County Counsel
By '..
-'' . .... . . . ....... ........... . . . ............. ... ...... ....... ..... .... ..... -11,11, -1,-,,-
Deputy
Page 11 of 30
Agreement No. 5577
-(0�.Z...y...... 1 '$
Date
Date ..
. ................. .... ...... ... ..
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
n_ ......_ —i
gineerMark estrella, Chef
APPROVED AS TO FORM;
Mary C. Wickham
County Counsel
By - C C—k-
Deputy
Page 12 of 30
Date
Date
Agreement No. 5577
CITY OF CARSON
By
Kenneth C. Favi 96,
City Manager
ATTES
o,
By:
City tier
APPROVED AS, RM;
By - CivAttorni ---
Page 13 of 13
Date
Date
Agreement No. 5577
01007 0006/471015.1 16
CITY OF EL SEGUNDO
Greg I p e, e r
.y
City nager
ATTEST:
Tracy Weaver
City Clerk
APPROVED AS TO FORM„
Mar D. Hensley
City Attorney
Page 14 of 30
® di.
Date
i0h 0 /1 C&
Date
--q
Date
Agreement No. 5577
Agreement No. 5577
CITY OF LAWNDALE
Date: By:
Robert Pullen -Miles
Mayor
ATTEST:
ti
Rhonda I-io m ren Gorman
City Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
w
Page 15 of 30
Agreement No. 5577
CITY OF LOS ANGELES
Date,, By:e_
Ke n Ja i mes, Prp
, �ident
Board of Public Works
ATTEST:
/4�11YWtp
1�014co`, j
Ww4m City Clerk
APPROVED AS TO FORM:
Michael N. Feuer
City Attorney
By:
Adena Hopenstand
Assistant City Attorney
Page 16 of 30
CITY OF HAWTHORNE
Arnold SIS Behr
Interim City Manager
ATTEST:
ti d
Nor ert Huber
City Clerk
APPROVED AS TO FORM:
By: &�a,
Fussell Mi'yah6,/
City Attorney
Page 17 of 31
Agreement No. 5577
CIN OF INGLEWOOD
Date:
ATTEST:
By:
pvo)ne Horton
lerk
APPROVED AS TO FORM:
By: G
nneth R, Campos
City Attorney
Page 18 of 33
By:
Jam . Butts, Jr.
Mayor
Agreement No. 5577
Agreement No. 5577
CITY OF LOMITA
r
Date: By: 711 J
Michael G. Savidan
Mayor
ATTEST:
By: ,
iandra Medina, MMC
City Clerk
APPROVED AS TO FORM:
W
r,
Christi Hogin ..
City Attorney
Page 19 of 32
South Bay Cities Council of Governments
Date: " By. �"-
Kurt Weideman
Chair
ATTEST:
By:,
S'p
IOG Secretary
APPROVED AS TO FORM:
By. 660'1dor the S
BCQG
Page 20 of 31
Agreement No. 5577
Agreement No. 5577
EXHIBIT A
Dominguez Channel Enhanced Watershed Management Area CIMP Implementation
Costs
Table 1A. CIMP Implementation Cost
......... . ....................
Dominguez Channel Watershed Management Area CIMP Summary Table
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Total over 5
Agency 18-19 19-20 20-21 21-22 22-23 years
Total Cost of DC WMA CIMP
..................... -
1 $984,557
$933,564
$993,929
$931,323
$927,998
$4,771,3711
LACFCD
$54,781
$52,342
$55,362
$52,232
$52,066
$266,783
City of Los Angeles
$369,881
$355,957
$370,602
$355,139
$360,0231
$1,811,601
County of Los Angeles
$139,047
-
$130,557
$141,024
-
$130,227
$128,398
$669,253
City of El Segundo
$1 5,826
$14,487
$15,938
$14,500
$13,399
$74,1491
City of Inglewood
$49,092
$44,938
$49,441
$44,979
$41,S63
$230,0131
..........................
City of Hawthorne
$49,189
$45,027
$49,538
$45,067
$41,645
$230,466�
City of Lomita
$77,574
$75,753
$79,682
$75,152
$81,311
$389,472_
City of Lawndale
$15,918
$14,572
$16,032,
$14,585
$13,477
$74,583
City of Carson
$213,249
$199,931
$216,310
$199,444
. ......................
$196J17
$1,025,050
Total Cost = Universal Costs (Shored Items) + Dominguez Channel Watershed Costs + Machado
Lake Watershed
Costs + LA Harbor Costs + COGfees.
1,259.51
Table 1B. Universal CIMP Costs
Universal Costs (Shared Items)
% of Total ' Fiscal Year Fiscal Year " Fiscal Year Fiscal Year Fiscal Year Total over 5
lAgency Area (acres) Area 18-19 19-20 20-21 21-22 22-23 years
Universal Costs (shared)
50,444.88
100%
$549,748
$528,378',
$534,201
$528,903
$528,903
$2,670,133
LACFCD'
$27,4871
$26,419
$26,710
$26,445
$26,445
$133,507
City of Los Angeles
19,243.21 1
38.15%
$199,227
$191,482
$193,593
$191,673
$191,673
$967,647
County of Los Angeles
7,699.69
1526%
$79,716
$76,617
$77,461
$76,693
$76,693
$387,180
City of El Segundo
1,252.18
2,48%
$12,964
$12,460
$12,597
$12,472
$12,472
$62,966
City of Inglewood
3,884.28
7.70%
$40,214
$38,651
$39,077
..................... ............ . . .......... -
$38,689
$38,689
$195,321
City of Hawthorne
3,891.93
7.72%
$40,294
$38,727
$39,154
$38,766
$38,766
$195,706
City of Lomita
1,227.70
2.43%
$12,710
$12,216
$12,351
$12,229
$12,229
$61,735
City of La wnda I e
1,259.51
2.50%
$13,0401
$12,533
$12,671
$12,545
$12,5451
$63,335
Ci ty of Ca rson
11,986.38
23.76%
$124,096
$119,272
$120,587
$119,391
$119,391
$602,736
LACFCD is responsible for 5%
of the Universal
Costs, which
is subtracted before distributing the cost among the other agencies.
Page 21 of 30
Agreement No. 5577
Table 1C. Dominguez Channel Watershed Monitoring Costs
Dominguez Channel Watershed Monitoring Cost Distribution
,
Table 1 D. Machado Lake Watershed Monitoring Costs
Machado Lake Watershed Monitoring Cost Distribution
% of Total Fiscal Year Fiscal Year i Fiscal Year Fiscal Year Fiscal Year Total over 5
Agency Area (acres) Area 18-19 19-20 20-21 21-22 22-23 years
Machado Lake
Watershed Monitoring'
5,228.39
of Total
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Total over 5
Agency
Area (acres)
Area
18-19
19-20
20-21
21-22
22-23
years
Dominguez Channel
1,998.43
38.
$105,918
$103,731
$109,983
$102,720
$112,869
$535,220
Monitoring
33,785.82
100%
$64,539
$40,822
$78,145
$40,838
$9,564
$233,908
LACFCD'
1,207.37
2109%
$3,227
$2,041
$3,907
$2,042
$478
$11,695
City of Los Angeles
5,986.68
17,72°x6
$10,864
$6,872
$13,155
$6,874
$1,610
$39,375
County of Los Angeles
6,755.80
20,00%
$12,260
$7,75S
$14,845
$7,758
$1,8171
$44,434
City of El Segundo
1,252.18 1
171%
$2,272
$1,437
$2,751
$1,438
$337
$8,236
City of Inglewood
3,884.28
11,50%
$7,049
$4,459
$8,535
$4,460
$1,045
$25,547
City of Hawthorne
3,891.93
11.52%
$7,063
$4,467
$9,552
$4,469
$1,047
$25,598�
City of Lawndale
1,25951 1
3.73%
$2,286
$1,446
$2,768
$1,446
$339
$8,2841
City of Carson
10,755.44
31,83%
$19,518
$12,346
$23,633
$12,350
$2,892
$70,740��
LACFCD is responsible for
5Y of the Dorninquez Channel Watershed Cost, which is subtracted before distributing
the cost among the other agencies.
Table 1 D. Machado Lake Watershed Monitoring Costs
Machado Lake Watershed Monitoring Cost Distribution
% of Total Fiscal Year Fiscal Year i Fiscal Year Fiscal Year Fiscal Year Total over 5
Agency Area (acres) Area 18-19 19-20 20-21 21-22 22-23 years
Machado Lake
Watershed Monitoring'
5,228.39
100%
$291,692
$285,6691,
$302,886
$282,885
$310,834
$1,473,966V
LACFCD'
$14,585
$14,283
$15,144
$14,144
$15,542
$73,698
City of Los Angeles
1,998.43
38.
$105,918
$103,731
$109,983
$102,720
$112,869
$535,220
County of Los Angeles
809.66
15.49%
$42,912
$42,026
$44,559
$41,617
$45,728
$216,8431
City of Carson
1,207.37
2109%
$63,991
$62,670
$66,447
$62,059
$ 68,191
$323,3581
City of Lomita
1,212.93
23.20%
$64,286
$62,959
$66,753
$62,345
$68,505
$324,847
Wilmington Drain Bed Sediment
Monitoring (LACFCD)
$5,845
$5,962
$5,964
$5,964
$5,964
$29,699
Page 22 of 30
Agreement No. 5577
Table 1E. LA Harbor Watershed Monitoring Costs
LA Harbor Monitoring Cost Distribution
% of Total Fiscal Year Fiscal Year Fiscal Year ' Fiscal Year Fiscal Year Total over 5
!Agency Area (acres) Area 18-19 19-20 20-21 21-22 22-23 years
LA Harbor Monitoring 11,392.33 100% $47,733 $47,7331 $47,733 $47,733 $47,733 $238,665
LACFCD $2,387 $2,387 $2,387 $2,387 $2.,.38711$11,933
0
City of Los Angeles 11,258.10 98.82% $44,812 $44,812 $44,812 $44,812 $44,812 $224,06
County of Los Angeles 134.23 1-18% $534 $534, $534 $534 $5341 $2,6711
.7 LACFCDi5 responsible for 5Y. of the LA Harbor Cost, which is subtracted before distributing the cost among the other agert6es,
UqkO ;
LA HorborManitoring includes the cast cif monitoring the Moin Ship Chain el (HIAI-07),
Monitoring for the LA Harbor Bacteria rMDL at Cabrillo Beach (CO 01 and CB -02) s the sale re5,000sibditv of City oflos Angeles
Monttoriag for the Greater Harbors portion of the Dominguez Channel I-oxicf; FMOL is funded under a seporote A40A.
Fhe cities of Corson (23.57 cc) and Cornua (14 77 cc) have small portions of load within the LA Harbor sub -watershed; but ore not included in the cost shoring.
Table 2. South Bay Cities Council of Governments Fee
SBCCOG Fees
% of Total
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Fiscal Year
Total over 5
IAgency
Area (acres)
Area
18-19
19-20
20-21
21-22
1
22-23
years
Universal Costs (shared)
50,444.88
100%
$25,000
$25,000
$25,000
$25,000
$25,000
$125,000�
LACFCD'
$1,2501
$1,250
$1,250
$1,250
$1,250
$6,2501
City of Los Angeles
19,243,21
38,15%
$9,060
$9,060
$9,060
$9,060
$9,060
$45,3001
County of Los Angeles
7,699.69
15 26%
$3,625
$3,62 5
$3,625
$3,625
$3,625
City of El Segundo
1,252.18
2.48%
$590
$590
$590
$590
$590
$2,948
City of Inglewood
3,884,28
7,70%
$1,829,
$1,829
$1,829
$1,829
$:1.,829
. ..................... -
$9,1441
City of Hawthorne
3,891.93
J 2
$1,832
$1,832
$1,832
$1,832
$1,832
$9,162�
City of Lornita
.1,227.70
2,43%
$578
$579
$578
$578
$578
$2,890
City of Lawndale
1,259.51
2,50%
$593
$593
$593
$593
$593
$2,965
City of Carson
1 11,986.38
23.76%
$5,643
$5,643
$5,643
$5,643
$5,6431
$28,217
I
I LACF(Dis responsible for 535 of the Universal Cast, which is subtracted before distributing the cost arriong the other agencies
Page 23 of 30
Agreement No. 5577
EXHIBIT B
Dominguez Channel Enhanced Watershed Management Plan
Implementation Costs
Table 1. EWMP Implementation Cost
Area
38,150
$
38,150
City of Los Angeles
38.15%
_
CITY
'% Drainage
FY 18-19
FY 19-20
FY 20-21
FY 21-22
FY 22-23
5YR Total
2.48%
Area
2,480
$ 2,480
Hawthorne
7,72%
7,720
.
city of Los Angeles
3815%
$ 166,811
$ 76,205
$ 130,568
$ 85,742
�_r_ 4..
$112,447
$
_.....w
571,,773773
Carson
23.76%
$ 103,891
$ 47,461
$ 81,319
S 53,401
S 70,033
S
356,103
EI Segundo
2.48%
$ 10,844
$ 4,954
$ 8,488
$ 5,574
$ 7,310
$
37,169
Hawthorne
7.72%
$ 33,756
$ 15,421
$ 26,422
$ 17,351
$ 22,755
$
115,704
Inglewood
770%
$ 33,668
$ 15,381
$ 26,353
$ 17,306
$ 22,696
$
115,404
Lawndale
250%
$ 10,931
$ 4,994
$ 8,556
$ 5,619
$ 7,369
$
37,469
Lomita
2.43%
$ 10,625
$ 4,854
$ 8,317
$ 5,461
$ 7,162
$
36,420
LACFCD
--
$ 17,750
$ 5,250
$ 12,750
$ 5,250
$ 10,250
$
51,250
LA County
15.26%
$ 66,724
$ 30,482
$ 52,227
$ 34,297
$ 44,979
$
228,709
Total
100.00%
$ 455,000
$205,000
$ 355,000
$ 230,000
$ 305,000
$ 1,550,000
Table 2 SBC TMG Management
Funds ..
Drain age FY 18-19 FY
19-20 FY 20-21
F.
Y 21-22
FY 22-23
Area
City of Los Angeles
3815%
$
9,061 $
9,061 $
9,061
$ 9,061
$
9,061
Carson
2376%
$
5,643 $
5,643 $
5,643
$ 5,643
$
5,643
EI Segundo
2.48%
$
589 $
589 $
589
$ 589
$
589
Hawthorne
7.72%
$
1,834 $
1,834 S
1,834
$ 1,834
$
1,834
Inglewood
7.70%
$
1,829 $
1,829 $
1,829
$ 1,829
$
1,829
Lawndale
2.50%
$
594 S
594 $
594
$ 594
$
594
Lomita
2.43%
$
577 $
577 $
577
$ 577
$
577
LACFCD
$
1,250 $
1,250 $
1,250
$ 1,250
$
1,250
LA County
15.26%
$
3,624 S
3,624 $
3,624
$ 3,624
$
3,624
Total
100.00%
$ 25,000 $
25,000 $
25,000
$ 25,000
$
25,000
Table 3. Annual Report Funds
CITY % Drainage FY18 19 FY 19-20 FY 20-21
-
FY21-2'2 FY 22-23
$ 38,150
Area
38,150
$
38,150
City of Los Angeles
38.15%
$
38,150
$ 38,150
Carson
23.76%
S
23,760
S 23,760
EI Segundo
2.48%
$
2,480
$ 2,480
Hawthorne
7,72%
$
7,720
$ 7,720
Inglewood
7,70%
$
7,700
$ 7,700
Lawndale
2.50%
$
2,500
$ 2,500
Lomita
2.43%
$
2,430
$ 2,430
LACFCD
$
100,000
$
100,000
LA County
15.26%
$
15,260
$ 15,260
Total
100.00%
$
100,000
$ 100,000
Page
24 of 30
FY21-2'2 FY 22-23
$ 38,150
$
38,150
$
38,150
$ 23,760
S
23,760
$
23,760
$ 2,480
$
2,480
$
2,480
$ 7,720
S
7,720
$
7,720
$ 7,700
$
7,700
$
7,700
$ 2,500
S
2,500
$
2,500
$ 2,430
$
2,430
$
2,430
$ 15,260
$
15,260
$
15,260
$ 100,000
$
100,000
$
100,000
Table 4. Adaptive Mana,gipment Funds
FY 20-21
. . ....
CITY
% Drainage
FY 18,19,
54,364
Area
$
36,243
City of Los Angeles
38.15%
$
27,182
Carson
2376%
$
16,929
EI Segundo
2.48%
$
1.767
Hawthorne
7.72%
$
5,501
Inglewood
7.70%
$
5,486
Lawndale
2.50%
$
1.781
Lomita
2.43%
$
1,731
LACFCD
—
$
3,750
LA County
15,26%
$
10,873
Total
100.00%
$
75,000
Table 5. ROWD Funds
5,000
$
$
k ej
Clity of Los Angeles
Carson
El Segundo
Hawthorne
Inglewood
Lawndale
Lomita
LACFCD
LA County
Total
Table 6. Non-Stormwater Funds
Agreement No. 5577
FY 19-20
FY 20-21
FY 21-22
FY 22-23
$
$
54,364
$
$
36,243
$
$
33,858
$
$
22,572
$
$
3,534
$
$
2.356
$
$
11,001
$
$
7.334
$
$
10,973
$
$
7,315
$
$
3,563
$
$
2,375
$
$
3,463
$
$
2,309
$
$
7,500
$
$
5,000
$
$
21,746
$
$
14,497
$
$
150,000
$
$
100,000
o/o bra. e FY 18-19 FY 19-20
Area
38.15%
23.76%
2.48% —
7.72% —
7.70% —
2.50% —
2.43% —
15.26% — --
100.00% $0 $0
FY 20-21
$0
FY 21-22
$ 9,538
$ 5,940
$ 620
$ 1,930
$ 1,925
$ 625
$ 608
$ 3.815
$ 25,000
$0
CITY . " I
% Drainage
FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23
Area
City of Los Angeles
38 1 .15%
$ 27,182 —
Carson
23.76%
$ 16,929 — -
EI Segundo
2.48%
$ 1,767
Hawthorne
7.72%
$ 5,501
Inglewood
7.70%
$ 5,486
Lawndale
2.50%
$ 1,781
Lomita
2.43%
$ 1,731
LACFCD
—
$ 3.750
LA County
15.26%
$ 10,873
Total
100.00%
$ 75,000 $0 $0 $0 $0
Page 25 of 30
Agreement No. 5577
7. S O/ Regional Bight Funds _
....
,Table
CITY_
010 Drainage Area
FY 18-19
FY 19-20
FY 20-21
FY 21-22
2
FY 22-23
�
City of Los Angeles
38.15%
$
36,243
-
-
-
-
Carson
23.76%
$
22,572
-
EI Segundo
2.48%
$
2,356
-
-
-
-
Hawthorne
7.72%
$
7,334
-
Inglewood
7.70%
$
7,315
-
-
-
-
Lawndale
2.50%
$
2,375
-
-
-
Lomita
2.43%
$
2,309
-
--
-
-
LACFCD
$
5,000
-
-
-
LA County
1526%
$
14,497
-
-
--
-
Total
100.00%
$
100,000
$0
$0
$0
$0
Table 8. S ecla,l Studies Funds
.
_......... � _
CITY
% Drainage
F"W
1 -19
FY 1 -24_
FY 20.21
FY 21-22
FY 22.23
Area
City of Los Angeles
38.15%
$
28,994
$ 28,994
$
28,994
$
28,994
S
28,994
Carson
23.76%
$
18,058
$ 18,058
$
18,058
5
18,058
S
18,058
EI Segundo
2.48%
$
1,885
$ 1,885
$
1,885
$'
1,885
S
1,885
Hawthorne
7.72%
$
5,867
$ 5,867
$
5,867
S
5,867
S
5,867
Inglewood
7.70%
$
5,852
$ 5,852
$
5,852
$
5,852
$
5,852
Lawndale
250%
$
1,900
$ 1,900
$
1,900
5
1,900
5
1,900
Lomita
2.43%
$
1,847
$ 1,847
$
1,847
$
1,847
$
1,847
LACFCD
--
$
4,000
$ 4,000
$
4,000
$
4,000
$
4,000
LA County
15.26%
$
11,598
$ 11,598
$
11,598
$
11,598
$
11,598
Total
100.00%
$
80,000
$ 80,000
$
80,000
$
80,000
$
80,000
Page 26 of 30
Agreement No. 5577
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Agreement No. 5577
EXHIBIT D
Dominguez Channel EWMP/CIMP Responsible Agencies Representatives and
SBCCOG Contact
Agency Address
Cit of Los g
City
Angeles
n
eles
Department of Public Works
Bureau of Sanitation,
Protection Division
1149 S. Broadway
Los Angeles, CA 90015
County of Los Angeles
Department of Public Works
Stormwater Quality Division,
900 South Fremont Avenue
Alhambra, CA 91803-1331
Agency Contact
Shahram Kharaghani
E-mail: Shahram.Khara�ani ,lacitv.or
Watershed Phone: (213) 485-0587
Fax: (213) 485-3939
mm..m _ ........_...........-..................................
Paul Alva
E-mail: alva(d�dow.lacountv.gov
11th Floor Phone: (626) 458-4325
Fax: (626) 457-1526
Los Angeles County Flood Control District Paul Alva
Department of Public Works E-mail: ova ldpw.lacountv.gov
Stormwater Quality Division, 11th Floor Phone: (626) 458-4325
900 South Fremont Avenue Fax: (626) 457-1526
Alhambra, CA 91803-1331
City of Carson Kenneth -- _
th C. Farfsing, Interim City
Office of the City Manager Manager
701 E. Carson Street E-mail: kfarfsinq@carson.ca.us
Carson, CA 90749 Phone: (310) 835-7261
...of EI Segundo _............. - -..........................................._
City
ndo Lifan Xu
350 Main Street E-mail: Ixu@else undo.org
EI Segundo, CA 90245-3895 Phone: (310) 524-2368
City of Hawthorne Doug Krauss
4455 West 126th Street E-mail: dkraussa.ciitvofhawthorn e.org
Hawthorne, CA 90250-4482 Phone: (310) 349-2987
Arnold Shadbehr, P.E., Interim City
Manager
E-mail: ashadbehr(a)citvofhawthorne•
Phone: (310) 349-2980
Page 28 of 30
City of Inglewood
1 W. Manchester Blvd. 3rd Floor
Inglewood, CA 90301-1750
City of Lawndale
Office of the City Manager
14717 Burin Avenue
Lawndale, CA 90260
City of Lomitammmm�mm���__
24300 Narbonne Avenue
Lomita, CA 90717
South Bay Council of Governments
20285 S. Western Ave., #100
Torrance, CA 90501
Agreement No. 5577
Lauren Amimoto
E-mail: lam imotoCa)citvofinglewood.olr
Phone: (310) 412-5192
FAX: (310) 412-5552
Louis A. Atwell, Public Works Director
E-mail:IatweIICcDcitvofin lewood.org
Phone: (310) 412-5333
.......................
Steve Mandoki
E-mail: smandoki(@Iawndalecity rg
Phone: (310) 371-3202
Fax: (310) 371-8877
Ryan Smoot, City Manager
E-mail: r.smootelomita.citv.com
Phone: (310) 325-7110 ext. 115
Fax: (310) 325-4024
Jacki Bacharach
E-mail: Jackiesouthb vcities.ora
Phone: (310) 293-2612
Page 29 of 30
Agreement No. 5577
EXHIBIT E
Dominguez Channel Enhanced Watershed Management Area Group
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