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CC - Item 5B - Cost-Sharing Memorandum of Agreement for Implementing the Coordinated Intergrated Monitring Program (CIMP)ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 26, 2016 SUBJECT: COST - SHARING MEMORANDUM OF AGREEMENT (MOA) FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) SUMMARY On December 28, 2012, the Los Angeles Regional Water Quality Control Board ('Regional Board ") approved an updated National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit ( "MS4 Permit "), which stipulates specific compliance requirements from the County of Los Angeles ('County ") and 84 cities (including Rosemead). To comply, on June 11, 2013, the City Council authorized Rosemead to join the Upper Los Angeles River ( "ULAR ") Watershed group, and participate in the development of the CIMP. The CIMP was completed on June 26, 2014, and approved by the Regional Board on August 5, 2015. As required by the MS4 Permit, the next steps are to implement the CIMP for the ULAR watershed. Rosemead has historically collaborated with other agencies on necessary efforts to comply with the MS4 Permit requirements. Executing a cost - sharing MOA with the County and other agencies for implementing the CIMP will effectuate cost and time savings to Rosemead. Staff Recommendation It is recommended that the City Council authorize the City Manager to execute the cost - sharing MOA with eighteen other public agencies for implementing the CIMP. DISCUSSION The approved CIMP contains specific water quality monitoring requirements under the MS4 Permit, which applies to all agencies in the ULAR Watershed group, including Rosemead. The cost - sharing MOA would allocate the CIMP implementation costs amongst the 19 participating agencies, with the City of Los Angeles serving as the lead. The total CIMP implementation cost for the 19 agencies is estimated at $2.61 million for the first year (year one), $1.75 million for year two, and $1.68 million for year three, ITEM NO. 5.13 City Council Meeting January 26, 2016 Page 2 of 2 respectively. Rosemead's share is $46,013 for year one, $23,652 for year two, and $23,056 for year three, respectively. Historically, Rosemead has opted to collaborate with other agencies, in a coordinated and regional approach to managing stormwater and ensuring permit compliance Through such collaborative efforts, the City has realized cost and staff -time savings, as well as benefits from other agencies experience /expertise. FINANCIAL REVIEW The adopted Fiscal Year 2015 -16 Annual Budget contains $180,000 for MS4 Permit and stormwater management activities, which is sufficient to cover Rosemead's share of the CIMP implementation cost for year 1. Future implementation costs will be budgeted accordingly in future corresponding fiscal years. Prepared /Submitted by: Anthony La Interim Public Works Director Attachments: 1. Memorandum of Agreement for Implementing the CIMP MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES, THE CITY OF ALHAMBRA, THE CITY OF BURBANK, THE CITY OF CALABASAS, THE CITY OF GLENDALE, THE CITY OF HIDDEN HILLS, THE CITY OF LA CANADA FLINTRIDGE, THE CITY OF MONTEBELLO, THE CITY OF MONTEREY PARK, THE CITY OF PASADENA, THE CITY OF ROSEMEAD, THE CITY OF SAN FERNANDO, THE CITY OF SAN GABRIEL, THE CITY OF SAN MARINO, THE CITY OF SOUTH EL MONTE, THE CITY OF SOUTH PASADENA, THE CITY OF TEMPLE CITY, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE UPPER LOS ANGELES RIVER WATERSHED MANGAGEMENT 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 CITY OF LOS ANGELES (CITY), a municipal corporation, THE CITY OF ALHAMBRA, a municipal corporation, THE CITY OF BURBANK, a municipal corporation, THE CITY OF CALABASAS, a municipal corporation, THE CITY OF GLENDALE, a municipal corporation, THE CITY OF HIDDEN HILLS, a municipal corporation, THE CITY OF LA CANADA FLINTRIDGE, a municipal corporation, THE CITY OF MONTEBELLO, a municipal corporation, THE CITY OF MONTEREY PARK, a municipal corporation, THE CITY OF PASADENA, a municipal corporation, THE CITY OF ROSEMEAD, a municipal corporation, THE CITY OF SAN FERNANDO, a municipal corporation, THE CITY OF SAN GABRIEL, a municipal corporation, THE CITY OF SAN MARINO, a municipal corporation, THE CITY OF SOUTH EL MONTE, a municipal corporation, THE CITY OF SOUTH PASADENA, a municipal corporation, THE CITY OF TEMPLE CITY, a municipal corporation, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, 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, 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 MS4 as a large municipal separate storm sewer system (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 Municipal Separate Storm Sewer System Permit Order No. R4- 2012 -0175 (MS4 Permit); and Page 1 of 38 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 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 Upper Los Angeles River (ULAR) 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 ULAR 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 August 5, 2015; and WHEREAS, the CITY will perform the MONITORING SERVICES required to implement the ULAR CIMP, which has been approved by the Regional Board, pursuant to the MS4 Permit; and WHEREAS, the PARTIES have agreed that the total cost for this MOA shall not exceed $6,007,558; and WHEREAS, the PARTIES have agreed for the CITY to perform and coordinate the MONITORING SERVICES on the PARTIES' behalf, the PARTIES have agreed to pay the CITY for its Monitoring Services as indicated in Table 1of Exhibit A of this MOA; and WHEREAS, the MONITORING SERVICES includes various program start -up costs to implement the CIMP, and the PARTIES have agreed that these costs are reimbursable pursuant to this MOA; 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 1 -3 of Exhibit A; and Page 2 of 38 WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the estimated costs of the implementation of the CIMP based on the Distributed Costs contained in Table 1 of Exhibit A of this MOA; and WHEREAS, the PARTIES have agreed that the distributed costs contained in Table 1 of Exhibit A of this MOA is the sum of GENERAL MONITORING COSTS which are distributed according to each PARTY'S land area relative to the total land area in the ULAR Watershed Management Area (refer to Table 2, Exhibit A), plus the costs of NON - STORMWATER OUTFALL MONITORING, LEGG LAKE RECEIVING WATER MONITORING, and the ARROYO SECO LOAD REDUCTION STRATEGY document preparation, which are distributed according to each PARTY'S land area within those specific sub - watersheds and tributaries of the Los Angeles River (refer to Tables 3a -3g, in Exhibit A); and WHEREAS, the PARTIES have agreed that the costs of monitoring Echo Park Lake and Lake Calabasas, are not included in the MOA, but rather, are the responsibility of the PARTIES which have jurisdiction over those water bodies; 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. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows: Section 1. Recitals The recitals set forth above are fully incorporated into this MOA. Section 2. Purpose. The purpose of this MOA is to cooperatively fund the MONITORING SERVICES required to implement the Upper Los Angeles Watershed Management Area Group CIMP. Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOA. Section 4. Voluntarv. This MOA is voluntarily entered into for the implementation of the CIMP. Section 5. Term. This MOA shall become effective on the last date of execution by a PARTY and shall remain in effect until June 30, 2018. The MOA may be extended, through an amendment, for an additional term of three (3) years if agreed upon by the PARTIES. Section 6. Commitment. Once effective, all cooperating PARTIES agree to uphold the promises contained in this MOA for the duration of the agreed upon term. Page 3 of 38 Section 7. THE PARTIES AGREE: a. Monitoring Services. The CITY will perform the MONITORING SERVICES to support the PARTIES submittal of the MS4 Permit Annual Report per the practices found in the approved CIMP. The CITY may 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 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 15 days prior to its intended date of 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. The CITY has control of the submittal but shall discuss the PARTIES' comments as they apply to the report. c. Invoicing The CITY will invoice the PARTIES annually, not exceeding the amounts shown in Table 1 of Exhibit A. Section 8. Invoicinq and Payment. a. Annual Payment. The PARTIES shall pay the CITY for their proportional share of the estimated cost for MONITORING SERVICES as shown in Table 1 of Exhibit A, within sixty (60) days of receipt of the invoice from the CITY. The cost estimates presented in Exhibit A have been agreed upon by the PARTIES and are subject to change, through an amendment, pursuant to unforeseen challenges. b. Invoice. The CITY will invoice the PARTIES in amounts not exceeding the invoice amounts shown in Table 1 of Exhibit A. The annual invoices will be issued in July of each calendar year. The first invoice will be distributed upon the execution of this MOA. c. Program Management Fee The costs of MONITORING SERVICES in Exhibit A include a Program Management Fee in the amount of 5 %. d. Incidental Expenses. The CITY will attempt to notify the PARTIES if actual expenditures for MONITORING SERVICES are anticipated to exceed the cost estimates contained in Exhibit A. A ten (10 %) contingency to cover Incidental Expenses is already factored into the cost estimates in Exhibit A. Incidental costs greater than ten percent (10 %) will require an amendment to this MOA. e. Reconciliation of this MOA. Unexpended costs for variable costs at the termination of this MOA will either be reimbursed to the PARTIES by the CITY in Page 4 of 38 accordance with the distributed cost formulas set forth in Tables 2 and 3a -3g of Exhibit A, or PARTIES may elect to roll -over unexpended costs to cover monitoring expenses in the following year. At the end of each fiscal year, and at the end of the MOA, the CITY will provide the PARTIES with a statement of actual expenditures, broken down for each table in Exhibit A. f. Late Payment Penalty. Any payment that is not received within 60 days following receipt of the CITY 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. g. Delinquent Payments A PARTY or PARTIES payment is considered to be delinquent 180 days after receipt of the invoice from the CITY. 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 the CITY attorney; 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 any delinquent amount(s) will be distributed in the following invoice amongst all remaining PARTIES in accordance with a revised distributed cost formula that is exclusive of the delinquent PARTY or PARTIES. Section 9. THE PARTIES FURTHER AGREE: a. Payment. The PARTIES agree to pay the CITY for all MONITORING SERVICES required to implement the ULAR CIMP, pursuant to the MS4 Permit, not exceeding the amounts shown in Table 1 of Exhibit A, based on the distributed cost formulas in Tables 2 and 3a -3g 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 make 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. Access Each PARTY shall allow reasonable access and entry to the CITY or its contractor, on an as- needed basis during the term of this MOA, including but not Page 5 of 38 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 PARTY'S FACILITIES, the CITY or its contractor shall provide written notice 72 hours in advance of entry from the applicable PARTY, or in the cases where 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 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. d. The NON - STORMWATER OUTFALL MONITORING element of the MONITORING SERVICES to be provided by the City will constitute non - stormwater outfall -based screening and monitoring only, and will terminate upon identification and prioritization of outfalls with significant non - stormwater discharges. The ensuing investigations) to identify the sources of these non - stormwater discharges will be conducted by a third -party consultant who will report findings to the CITY and to PARTIES located within the drainage area of the investigation(s). The estimated costs for these investigations are incorporated in the estimated costs for NON - STORMWATER OUTFALL MONITORING in Table 3a -3e, in Exhibit A. e. MONITORING SERVICES of this MOA do not include monitoring activities in Echo Park Lake and Lake Calabasas. These are the responsibility of the agencies with jurisdiction over these water bodies. Section 10. Indemnification a. Each PARTY 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 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 Page 6 of 38 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 may terminate this MOA for any reason, in whole or part, by giving the other PARTIES and the Regional Board thirty (30) days written notice thereof. Terminated PARTIES shall remain wholly responsible for their share of the costs of MONITORING SERVICES that were incurred up to the date at which the MOA was terminated. A terminated PARTY shall have rights to all work and reports produced with the use of its paid cost allocation. 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. b. The CITY shall notify in writing all PARTIES within fourteen (14) days of receiving written notice from any PARTY that intends to terminate its PARTY status in 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 as determined by the PARTIES. 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 at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. Parties 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. Page 7 of 38 b. Administration. For the purposes of this MOA, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOA on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOA on behalf of such PARTY. c. Relationship of the Parties The PARTIES 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. Binding Effect. This MOA shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; 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, or waived, except by an instrument in writing signed by all non - delinquent PARTIES. Such amendments may be executed by those individuals listed in Exhibit B or by a responsible individual as determined by each PARTY. f. 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 between the Parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. g. No Presumption in Drafting The Parties to this MCA 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 MCA 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, and its Exhibits, constitutes the entire agreement of the PARTIES 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 any breach of the provisions of this MOA shall not V. - 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. IN WITNESS WHEREOF, the PARTIES 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 9 of 38 COUNTY OF LOS ANGELES Im GAIL FARBER, Director of Public Works APPROVED AS TO FORM: Mary C. Wickham Interim County Counsel Deputy Date Date Page 10 of 38 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT In GAIL FARBER, Chief Engineer APPROVED AS TO FORM: Mary C. Wickham Interim County Counsel Deputy Date Date Page I I of 38 CITY OF ALHAMBRA By Luis Ayala Mayor APPROVED AS TO CONTENT: Lauren Myles City Clerk APPROVED AS TO FORM: By Joseph M. Montes, Esq. City Attorney Page 12 of 38 Date CITY OF LOS ANGELES Date: IN ATTEST: Holly Wolcott Interim City Clerk APPROVED AS TO FORM: Michael N. Feuer City Attorney C John A. Carvalho City Attorney Kevin James, President Board of Public Works Page 13 of 38 THE CITY OF BURBANK Dated: CITY OF BURBANK MA ATTEST: Mark Scott, City Manager APPROVED AS TO FORM: Bob Frutos, Mayor Joseph H. McDougall, Senior Assistant City Attorney Page 14 of 38 THE CITY OF CALABASAS Dated: CITY OF CALABASAS ATTEST: Maricela Hernandez, City Clerk APPROVED AS TO FORM: Scott Howard, Interim City Attorney Fred Gaines, Mayor Page 15 of 38 THE CITY OF GLENDALE Dated: CITY OF GLENDALE C Ara Najarian, Mayor ATTEST: Scott Ochoa, City Manager APPROVED AS TO FORM: Michael Garcia, City Attorney Page 16 of 38 THE CITY OF HIDDEN HILLS Dated: ATTEST: Cherie L. Paglia, City Manager APPROVED AS TO FORM: Roxanne M. Diaz, City Attorney CITY OF HIDDEN HILLS C Larry G. Weber, Mayor Page 17 of 38 THE CITY OF LA CANADA FLINTRIDGE Dated: CITY OF LA CANADA FLINTRIDGE C Dave Spence, Mayor ATTEST: Mark R. Alexander, City Manager APPROVED AS TO FORM: Mark Steres, City Attorney Page 18 of 38 THE CITY OF MONTEBELLO Dated: ATTEST: Daniel Hernandez, City Clerk APPROVED AS TO FORM: Arnold Alvarez - Glasman, City Attorney CITY OF MONTEBELLO C Christina Cortez, Mayor Page 19 of 38 CITY OF MONTEREY PARK Date: IN Paul Talbot, City Manager ATTEST: C Vincent D. Chang, City Clerk APPROVED AS TO FORM: Karl H. Berger, Assistant City Attorney Page 20 of 38 CITY OF PASADENA Dated: ATTEST: Mark Jomsky, City Clerk APPROVED AS TO FORM: Brad L. Fuller, Assistant City Attorney CITY OF PASADENA Michael J. Beck, City Manager Page 21 of 38 CITY OF ROSEMEAD Dated: ATTEST: Gloria Molleda, City Cleric Rachel H. Richman, City Attorney CITY OF ROSEMEAD C Jeff Allred, City Manager Page 22 of 38 THE CITY OF SAN FERNANDO Dated: ATTEST: Elena G. Chdvez, City Clerk APPROVED AS TO FORM: Rick R. Olivarez, City Attorney CITY OF SAN FERNANDO Im Joel Fajardo, Mayor Page 23 of 38 THE CITY OF SAN GABRIEL Dated: CITY OF SAN GABRIEL Im Steven A. Preston, City Manager ATTEST: Eleanor K. Andrews, City Clerk APPROVED AS TO FORM: Robert L. Kress, City Attorney Page 24 of 38 CITY OF SAN MARINO Dated: ATTEST: John Schaefer, City Manager APPROVED AS TO FORM: Steve Dorsey, City Attorney C Richard Ward, Mayor Page 25 of 38 THE CITY OF SOUTH EL MONTE Dated: CITY OF SOUTH EL MONTE ATTEST: [insert name], City Clerk APPROVED AS TO FORM: [insert name], City Attorney [INSERT NAME], City Manager Page 26 of 38 THE CITY OF SOUTH PASADENA Dated: CITY OF SOUTH PASADENA Sergio Gonzalez, City Manager ATTEST: Evelyn G. Zneimer, City Clerk APPROVED AS TO FORM: Teresa L. Highsmith, City Attorney Page 27 of 38 CITY OF THE TEMPLE CITY Date: ATTEST: Peggy Kuo, City Clerk •s� /�1117s�.YI1C07J[01.HRIP Eric S. Vail, City Attorney CITY OF TEMPLE CITY C Cynthia Sternquist, Mayor Page 28 of 38 EXHIBIT A Table 1. Distribution of Total Estimated Cost for Implementing the ULAR CIMP Agency Fiscal Year Fiscal Year Fiscal Year Total 15 -16 16 -17 17 -18 LACFCD $129,847 - $90,978 <. $84,511 '. $305,336 City of Los Angeles $1,164,325 $919,008 $846,702 $2,930,035 County of Los Angeles $392,000 $271,210 $253,677 `, $916,887' City of Alhambra $51,979 $33,726 $31,439 $117,143 City of Burbank $54,892 $45,817 $41,794 $142,503: City of Calabasas $19,818 $16,541 $15,089 $51,448 City of Glendale $97,043 :$80,921 ',: $73,819 $251,783. City of Hidden Hills $4,755 $3,968 $3,620 $12,343 City of La Canada Flmtridge ;. $82,421 $37,194 $35,187 $154,802. City of Montebello $71,012 $38,486 $36,544 $146,043 City of Monterey Park $58,090 $34,814 $32,707 $125,611 -; City of Pasadena $210,796 $106,276 $100,887 $417,959 City of Rosemead $44,190 $23,898 $22,698 $90,786 City of San Fernando $7,508 $6,267 $5,717 $19,492 City of San Gabriel $35,301 .$19,091 $18,132 $72524 City of San Marino $32,162 $17,393 $16,519 $66,074 City of South El: Monte $29,356 .$19,755 '.' $19,177 ` $68,288 City of South Pasadena $19,767 $14,683 $13,400 $47,851 City of Temple City $34,389 $18,597 $17,663 '; $70,649'. Total Estimated Cost of $2,539,651 $1,798,624 $1,669,283 $6,007,558 CIMP Note: 1. The Total Estimated Cost for each agency is the sum of General Monitoring Costs (refer to Table 2, Exhibit A) plus the costs for Non - Stormwater DonalI Monitoring, Legg Lake Receiving Water Monitoring, and Arroyo Secs Load Reduction Strategy Document Preparation (refer to Table 3a- g, Exhibit A). 2. The figures shown in this table include a 5% Program Management Fee and a 10% Contingency, which are also detailed in Tables 2 and 3a -fin Exhibit A. Page 29 of 38 Table 2. Distribution of General Monitoring Costs. LIMP Component Fiscal Year Fiscal Year Fiscal Year Total Fiscal Year 15 -16 16 -17 17 -18 Area Receiving Water Monitoring $378,749 $390,506 $361,556 r$1,130,811.: Storm Water Outfall Monitoring $35,085 $70,170 $105,256 $210,511 Non Storm Water Outfall Monitoring (NSWO.costs are distributed according to sub- watershed) Data Management (15 %) $62,075 $69,101 $70,022 $201,198 Capital Expenses $254,890 :$336,000 '$216,000 $806,890 Operation & Maintenance Expenses $35,132 $52,733 $65,333 $153,199 Contracted Services: Annual. Report, Data Tools, on -call support $630,731 $224,381 '- $224,381 '.$1,079,493 Program Management (5 %) $69,833 $57,145 $52,127 $179,105 General Monitoring Costs (subtotal) $1,466,496 $1,200,037 $1,094,675 $3,761,208 Contingency (10 %) $146,650 $120,004 $109,467 $376,121 Annual Escalation (0 %, 2 %, 2 %) $0 $26,401 $24,083 $50,484 General Monitoring Costs (total) $1,613,146 $1,346,441 Agency Land Area %of Fiscal Year Fiscal Year Fiscal Year Total (acres) Area 15 -16 16 -17 17 -18 LACFCD(5 %) :' -- -- $50,657 '$67,322 $61,411 ! $209,391 City of Los Angeles 181,288.00 58.53% $896,901 $748,615 $682,887 $2,328,404 County of Los Angeles 41,048.07 13.25% $203,081 $169,505 $154,623 : $527,208 '.. City of Alhambra 4,884.31 1.58% $24,165 $20,169 $18,399 $62,732 City of Burbank.`, 11,095.20 3.58% $54,892 $45,817 y $41,794 $142,503 City of Calabasas 4,005.68 1.29% $19,818 $16,541 $15,089 $51,448 City of Glendale: 19,587.50 6,32% $96,907 $80,885, '. $73,783 $251,575 City of Hidden Hills 961.03 0.31% $4,755 $3,968 $3,620 $12,343 City of La Canada Flintridge -: 5,534,46 1.79% $27,381 .`$22,854 $20,848 $71,083 City of Montebello 5,356.38 1.73% $26,500 $22,119 $20,177 $68,796 City of Monterey Park 4,951151 1.60% $24,497 $20,447 `' $18,652 $63,596: City of Pasadena 14,805.30 4.78% $73,248 $61,137 $55,770 $190,154 City of Rosemead 3,310.87 1.07% $16,380 $13,672 :.' $12,472 $42,524 City of San Fernando 1,517.64 0.49% $7,508 $6,267 $5,717 $19,492 City. of San Gabriel 2,644.87 0.85% $13,085 $10,922 $9,963 $33,970 City of San Marino 2,409.64 0.78% $11,921 $9,950 $9,077 $30,949 City of South El: Monte 1,594(16 0.51% $7,887 :$6,583 : $6,005 $20,475 City of South Pasadena 2,186.20 0.71% $10,816 $9,028 $8,235 $28,079 City of Temple City 2,576.50 0.83% $12,747 $10,639 ` $9,705 $33,092 Total 309,757.32 100% $1,613,146 $1,346,441 $1,228,225 $4,187,812 Note: 1. General Monitoring Costs include all required monitoring elements in the CIMP, except for Non - Stormwater Outfall Monitoring and Receiving water monitoring in Echo Park Lake, Lake Calabasas, and Legg Lake. 2. The areas owned by Caltrans, State Parks, and U.S. Government have been excluded from the total area of the Upper Los Angeles River watershed. & Los Angeles County Flood Control District (LACFCD) is responsible for 5% of the General Monitoring Costs, which is subtracted before the costs are distributed among the other Parties. 4. Area (acres) determined by GIS analysis as shown in Exhibit C. 5. Agency Percent Area = (Agency Area / Total Area) x 100% S. Distributed Cost to each Party = [(Total of General Monitoring Costs - LACED 5 %) x Agency Percent Area]. Page 30 of 38 Table 3a. Distribution of Costs for Non - Stormwater Outfall Monitoring in Rio Hondo Non - Stormwater Outfall Monitoring (Rio Hondo) fiscal Year Fiscal Year Fiscal Year Total $24,887 15 -16 16 -17 17 -18 7.60% Inventory and 6 screening Events $85,432 $0 $0 $85,432 `. Source Investigations $100,000 $0 $0 $100,000 Non - Stormwater Outfall Monitoring $104,532 $104,532 '$104,532 $313,596' Data Management (15 %) $43,495 $15,680 $15,680 $74,854 Program Management (5%) $16,673 $6,011 $6,011 $28,694 Monitoring Cost Sub -Total $350,131 $126,222 $126,222 $602,576 Contingency (10%) $35,013 $12,622 $12,622 " $60,258 Annual Escalation (0 %, 2 %, 2 %) $0 $2,777 $2,777 $5,554 Rio Hondo (Total) $385,144 $141,621 $141,621 $668,387 Land Area %of Fiscal Year Fiscal Year Fiscal Year Total Agency (acres) Area 15 -16 16 -17 17 -18 County of Los Angeles 8,057.60 18.50% $67,681 $24,887 $24,887 $117,455 City of Alhambra 3,311.34 7.60% $27,814 $10,228 4 $10,228 $48,269 City of Montebello 5,299.29 12.17% $44,512 $16,368 $16,368 $77,247 City of Monterey Park 3,999.35 9.18% $33.;593 $12,353 $12,353 $58,298 '.. City of Pasadena 10,177.22 23.36% $85,485 $31,434 $31,434 $148,352 City of Rosemead 3,310.89 7.60% $27,810 $10,226 $10,226 $48,262 City of San Gabriel 2,644.88 6.07% $22,216 $8,169 $8,169 $38,554 City of San Marino 2,409,65 5.53% $20,240 $7,443 $7,443 $35,125'. City of South El Monte 1,592.66 3.66% $13,378 $4,919 $4,919 $23,216 City of South Pasadena 180.45 0.41% $1;516 $557 : $557 $2,630 City of Temple City 2,576.51 5.91% $21,642 $7,958 $7,958 $37,557 R io Hond ( Total) 43,559.83 100% $385,144 $141,621 $141,621 $668,387 Page 31 of 38 Table 3b. Distribution of Costs for Non - Stormwater Outfall Monitorinq in Non - Stormwater Outfall Monitoring (Arroyo Seco) Fiscal Year Fiscal Year Fiscal Year Total Fiscal Year 15 - 1 - 17 17 -1 Area Inventory and 6 screening Events $55,397 $0 $0 $55,397 ! Source Investigations $40,000 $0 $0 $40,000 Non - Stormwater Outfall Monitoring $41,718 $41,718 $41,718 $125,155 Data Management (15 %) $20,567 $6,258 $6,258 $33,083 Program Management (5%) $7,884 $2,399 $2,399 $12,682 Monitoring Cost Sub -Total $165,566 $50,375 $50,375 $266,316 Contingency (10 %) $16,557 "$5,037 $5,037 $26,632 Annual Escalation (0 %, 2 %, 2 %) $0 $1,108 $1,108 $2,216 Arroyo Seco (Total) $182,123 $56,520 $56,520 $295,164 Agency Land Area %of Fiscal Year Fiscal Year Fiscal Year Total (acres) Area 15 -16 16 -17 17 -18 LACFCD (5 %) - $9,106 $2,826 $2,826 '. $14,758 City of Los Angeles 3,936.66 27.73% $47,972 $14,888 $14,888 $77,748 County of Los Angeles 2,361.13 16.63% $28,773 $8,929 $8,929 $46,632 City of Glendale 9.39 0.07% $114 $36 $36 $186 City of La Canada Flintridge '.. 3,791.77 26.71% $46,207 $14,340 p$14,340 $74,886 City of Pasadena 3,586.72 25.26% $43,708 $13,564 $13,564 $70,837 City, of South Pasadena 512.25 3.61% $6,242 $1,937 ?. $1,937 $10,117 Arroyo Seco (Total) 14,197.93 100% $182,123 $56,520 $56,520 $295,164 Page 32 of 38 Table 3c. Distribution of Costs for Non - Stormwater Outfall Monitoring in Segment E of Los Angeles River Non - Stormwater Outfall Monitoring (Segment E) Fiscal Year Fiscal Year Fiscal Year Total Fiscal Year 17 -18 15 -16 16 -17 17 -18 - Inventory and 6 screening Events - $89,880 $0 $0 ` $89,880 Source Investigations $60,000 $0 $0 $60,000 Non - Stormwater Outfall Monitoring $0 $82,052 "$82,052 " $164,104.'. Data Management (15 %) $22,482 $12,308 $12,308 $47,098 Program Management (5%) '$8,618 '$4,718 $4,718 $18,054 Monitoring Cost Sub -Total $180,980 $99,078 $99,078 $379,136 Contingency (10 %) $18,098 '$9,908 $9,908 $37,914 Annual Escalation (0 %, 2 %, 2 %) $0 $2,180 $2,180 $4,359 Segment E (Total) $199,079 $111,165 $111,165 $421,409 Agency g y Land Area (acres) %of Area Fiscal Year 15 -16 Fiscal Year 16 -17 Fiscal Year 17 -18 Total LACFCD (5 %) - - $9,954 $5,558 $5,558 $21,070 City of Los Angeles 30,933.21 78.68% $148,800 $83,090 $83,090 $314,981 County of Los Angeles 8,382.73 21.32% $40,324 $22,517 '.. $22,517 $85,358 Segment E (Total) 39,315.94 100% $199,079 $111,165 $111,165 $421,409 Table 3d. Distribution of Costs for Non - Stormwater Outfall Monitoring in Compton Creek Non - Stormwater Outfall Monitoring (Compton Creek) Fiscal Year Fiscal Year Fiscal Year Total Fiscal Year 17 -18 15 -16 16 -17 17 -18 - Inventory and 6 screening Events .$77,454 $0 $0 "' $77,454 Source Investigations $0 $50,000 $0 $50,000 Non Stormwater Outfall Monitoring - $0 $0 '$47,990 $47,990 '.. Data Management (15 %) $11,618 $7,500 $7,198 $26,317 Program Management (5 %) $4,454 '$2,875 $2,759 $10,088 Monitoring Cost Sub -Total $93,525 $60,375 $57,948 $211,848 Contingency (10 %) $9,353 $6,038 $5,795 $21,185 Annual Escalation (0 %, 2 %, 2 %) $0 $1,328 $1,275 $2,603 Compton Creek (Total) $102,878 $67,741 $65,018 $235,636 Agency Land Area ( acres) %of Area Fiscal Year 15 -16 Fiscal Year 16 -17 Fiscal Year 17 -18 Total LACFCD (5 %) -- - $5,.144 $3,387 $3,251 !. $11,782. City of Los Angeles 10,602.17 62.91% $61,480 $40,482 $38,855 $140,817 County of Los Angeles 6,251.93 37.09% $36;254 $23,872 ::$22,912 $83,037 Compton Creek (Total) 16,854.11 100% $102,878 $67,741 $65,018 $235,636 Page 33 of 38 Table 3e. Distribution of Costs for Non - Stormwater Outfall Monitoring in Segment B of Los Angeles River Non - Stormwater Outfall Monitoring (Segment B) Fiscal Year Fiscal Year Fiscal Year Total Contingency (10%) 15 -16 16 -17 17 -18 $8,911" Inventory and 6 screening Events $0 $0 $0 $0 ' Source Investigations $0 $40,000 $0 $40,000 Non Stormwater Outfall Monitoring '< $0 $0 $33,798 ' $33,798 Data Management (15 %) $0 $6,000 $5,070 $11,070 Program Management (5%) $0 '$2,300 $1,943 $4,243 Monitoring Cost Sub -Total $0 $48,300 $40,811 $89,111 Contingency (10%) $0 '$4,830 $4,081 $8,911" Annual Escalation (0 %, 2 %, 2 %) $0 $1,063 $898 $1,960 Segment B (Total) - $0 $54,193 $45,790 $99,983 Agency g y Land Area %of Fiscal Year Fiscal Year Fiscal Year Total (acres) Area 15 -16 16 -17 17 -18 LACFCD (5 %) - i'. $0 ($2,710 $2,290 $4,999 '.. City of Los Angeles 15,089.17 62.03% $0 $31,933 $26,982 $58,915 County of Los Angeles 5,15265 2118% $0 $10,904 ! $9,214 $20,118 City of Alhambra 1,573.00 6.47% $0 $3,329 $2,813 $6,142 City of Monterey Park 95218 3.91% $0 .$2,015 $1,703 $3,718 '. City of Pasadena 66.59 0.27% $0 $141 $119 $260 City of South Pasadena 1,493.50 6.14% $0 $3,161 i $2,671 '. $5,831 t. Segment B (Total) 24,327.09 100% $0 $54,193 $45,790 $99,983 Note: 1. For Non - Stormwater OutfalI Monitoring, Los Angeles County Flood Control District ( LACFCD) is responsible for 5% of the Total Cost, which is subtracted before the cost is distributed among the other Parties. 2. Distributed Cost to each Party within a given Segment or Tributary = [(Total of Non - Stormwater Outfall Monitoring Costs - tACFD 5 %) x Agency Percent Area]. Page 34 of 38 Table 3f. Distribution of Costs for Legg Lake Receiving Water Monitoring Legg Lake Receiving Water Monitoring Fiscal Year Fiscal Year Fiscal Year Total Fiscal Year 17 -18 15 -16 16 -17 17 -18 Area Receiving Water Monitoring $15,458 '$15,458 "' $15,458" $46,373 Data Management (15 %) $2,319 $2,319 $2,319 $6,956 Program Management (5%) $889 $889 $889 $2,666 Monitoring Cost Sub -Total $18,665 $18,665 $18,665 $55,996 Contingency (10 %) $1,867 '$1,867 $1,867 $5,600' Annual Escalation (0 %, 2 %, 2 %) $0 $411 $411 $821 Legg Lake (Total) $20,532 $20,942 $20,942 $62,417 Agency g y Land Area (acres) %of Area Fiscal Year 15 -16 Fiscal Year 16 -17 Fiscal Year 17 -18 Total LACFCD(10 %) (acres) Area $2,053 .$2,094 $2,094 $6,242 County of Los Angeles 2,044.68 56.21% $10,387 $10,595 $10,595 $31,578 City of South El Monte 1,59168 43.79% $8,091 .$8,253 ? $8,253 $24,597.` -! Legg Lake (Total) 3,637.35 100% $20,532 $20,942 $20,942 $62,417 Table 3g. Distribution of Costs for Arroyo Seco Load Reduction Strategy Document Preparation. City of Pasadena Land Area % of Fiscal Year Fiscal Year Fiscal Year $8,356 Agency g y (acres) Area 15 -16 16 -17 17 -18 Total LACFCD (10 %) 14,197.93 - $3,675 $0 $0 $3,675 (' City of Los Angeles 3,936.66 27.73% $9,171 $0 $0 $9,171 County of Los Angeles 2,361.13 16,63% $5,500 ', $0 $0 $5,500''.. City of Glendale 9.39 0.07% $22 $0 $0 $22 City of Pasadena 3,586.72 25.26% $8,356 $0 $0 $8,356 City of South Pasadena 512.25 3.61% $1,193 $0 $0 $1,193 a Arroyo Seco LRS (Total) 14,197.93 100% $36,750 $0 $0 $36,750 Page 35 of 38 Upper Los Angeles River Enhanced Watershed Management Area CIMP Responsible Agencies Representatives g9e�c Addres.:r /agencyConWct '..:.., ,...;:'.. City of Los Angeles Shahram Kharaghani Department of Public Works E -mail: Shahram.Kharaghani @Lacity.org 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 Paul Alva Department of Public Works E -mail: PALVA @dpw.lacounty.gov Watershed Management Division, 11 Floor Phone: (626) 458 -4325 900 South Fremont Avenue Fax: (626) 457 -1526 Alhambra, CA 91803 -1331 Los Angeles County Flood Control District Terri Grant Department of Public Works E -mail: TGRANT @dpw.lacounty.gov Watershed Management Division, 11 Floor Phone: (626) 458 -4309 900 South Fremont Avenue Fax: (626) 457 -1526 Alhambra, CA 91803 -1331 City of Alhambra David Dolphin 11 South First Street E -mail: DDOLPHIN @cityofalhambra.org Alhambra, XA 91801 -3796 Phone: (626) 300 -1571 Fax: City of Burbank Alvin Cruz P.O. Box 6459 E -mail: ACruz @burbankca.gov Burbank, CA 91510 Phone: (818) 238 -3941 Fax: City of Calabasas Alex Farassati 100 Civic Center Way E -mail: afarassati @cityofcalabasas.com Calabasas, CA 91302 -3172 Phone: Fax: City of Glendale Maurice Oillataguerre Engineering Section, 633 East Broadway, Room 209 E -mail: moillataguerre @ci.glendale.ca.us Glendale, CA 91206 -4308 Phone: Fax: City of Hidden Hills Joe Bellomo 6165 Spring Valley Road jbellomo @willdan.com Hidden Hills, CA 91302 Phone: 805 279 -6856 City of La Canada Flintridge Edward Hitti 1327 Foothill Blvd. E -mail: EHitti @lcf.ca.gov La Canada Flintridge, CA 91011 -2137 Phone: 818 - 790 -8882 Fax:818 -70 -8897 Page 36 of 38 *:1:11:311:3 Upper Los Angeles River Enhanced Watershed Management Area CIMP Responsible Agencies Representatives City of Montebello Norma Salinas 1600 W Beverly Blvd E -mail: Nsalinas @cityofmontebello.com Montebello, CA 90640 Phone: 323 - 887 -1365 Fax: 323- 887 -1410 City of Monterey Park Amy Ho 320 West Newmark Avenue E -mail: amho @montereypark.ca.gov Monterey Park, CA 91754 -2896 Mikki Klee E -mail: mklee @jlha.net Phone: (562) 802 -7880 Fax: 562 802 -2297 City of Pasadena Stephen Walker P.O. Box 7115 E -mail: SWalker @cityofpasadena.net Pasadena, CA 91109 -7215 Phone: (626) 744 -4271 Fax: City of Rosemead, Anthony La 8838 East Valley Blvd. E -mail: ala @cityofmsemead.org Rosemead, CA 91770 -1787 Phone: (626) 569 -2118 City of San Fernando Joe Bellomo 117 Macneil Street Email: jbellomo @willdan.com San Fernando, CA 91340 Phone: (805) 279 -6856 City of San Gabriel Daren Grilley 425 South Mission Avenue E -mail: dgrilley @sgch.org San Gabriel, CA 91775 Phone: Fax: City of San Marino Kevin Sales 2200 Huntington Drive E -mail: kjserv@aol.com San Marino, CA 91108 -2691 Phone: Fax City of South El Monte [insert name] [insert address] E -mail: Phone: Fax: City of South Pasadena Shin Furukawa 1414 Mission Street E -mail: SFurukawa @ci.south- pasadena.ca.us South Pasadena, CA 91020 -3298 Phone: (626) 403 -7246 Fax: City of Temple City Michael Forbes, AICP, Community Development Director 9701 Las Tunas Drive E -mail: Temple City, CA 9178 Mikki Klee E -mail: mklee @jlha.net Phone: (562) 802 -7880 Fax: 562 802 -2297 Page 37 of 38 EXHIBIT C Upper Los Angeles River Enhanced Watershed Management Area Group ,- BUREAU OF SANITATION ENWQUE C. ZAI➢W. SHAHRMI KHAMGHANI �F s DIRECTOR MOGR WNAGER D FTWN BY: CHECKEDBV: DA ORATED &t &13 mpmvp end nd 4ecalled w «prW—, ell w enyper DIARW_EVVMPApenvies NH VD DATE RENSED pveor wneuermra zmauem ormzeewlgedge prmer wrPoen pemhzlen alga Dept el Nelk WOMZ CryatLazMezles P y }�5 ptlen pnnxaeyinouns sans rnep Page 38 of 38