CC - Item 4D – Approve Resolution No. 2024-51 to Authorize the Execution of the Safe, Clean Water Program Municipal Transfer Agreement (Agreement No. 2024MP66)ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: SEPTEMBER 24, 2024
SUBJECT: APPROVE RESOLUTION NO. 2024-51 TO AUTHORIZE THE
EXECUTION OF THE SAFE, CLEAN WATER PROGRAM MUNICIPAL
TRANSFER AGREEMENT (AGREEMENT NO.2024MP66)
SUMMARY
In November 2018, Los Angeles County voters passed Measure W, a special parcel tax of 2.5 cents
per square foot of impermeable area to fund local water quality projects and programs. Measure
W created the Safe, Clean Water (SCW) Program which aims to provide local, dedicated funding
for stormwater and urban runoff programs and projects that intend to increase the local water
supply, improve water quality, and protect public health. Forty percent (40%) of the parcel tax
revenues are allocated to the Municipal Program. Under the Municipal Program, cities receive
direct funding that is proportional to the revenues that are generated within its boundaries. Pursuant
to Los Angeles County Flood Control District Code Section 16.05.A.1. prior to the receipt of SCW
Program funds, municipalities must enter into an agreement with the Los Angeles County Flood
Control District (District) to transfer funds. A Transfer Agreement between the District and the
City of Rosemead was approved by the City Council on August 25, 2020, and expired at the end
of Fiscal Year 2023-24. It is recommended that the City Council authorize the execution of a new
Agreement to ensure continued receipt of SCW Program funds.
BACKGROUND
On November 6, 2018, the Los Angeles County voters passed Measure W with a two-thirds
majority. In July of 2019 the Los Angeles County Board of Supervisors approved the Los Angeles
Region Safe, Clean Water Program Implementation Ordinance in accordance with Measure W.
The ordinance established the Safe, Clean Water Program's guiding criteria and procedures.
Following a significant public comment and review period, in June of 2020 the Los Angeles
County Board of Supervisors approved the standard template Agreement for the transfer of SCW
Program funds to municipalities.
AGENDA ITEM 4.1)
City Council Meeting
September 24, 2024
Paee 2 of 3
The 2018 voter approved Measure W established a Special Parcel tax of 2.5 cents per square foot
of impermeable area for the purpose of improving and protecting water quality. Publicly owned
parcels are exempt from the Special Parcel tax under state law. Additionally, property owners who
have installed stormwater capture improvements can qualify for a tax credit and low-income
seniors and non-profit organizations are eligible for an exemption.
An estimated $285 million in tax revenue is anticipated to be generated annually for the SCW
Program. The Municipal Program within the SCW Program allocates direct funding to cities
proportional to revenues generated within its boundaries. The Municipal Program will receive
forty percent (40%) of the total SCW Program annual revenues. Rosemead has received
approximately $560,000 in SCW Program funds each year since FY 20-21.
The Municipal Program is designed to maximize the ability of local governments to address local
Stormwater and Urban Runoff challenges and opportunities. SCW Program funds can be used for
eligible project development, design, construction, effectiveness monitoring, operations and
maintenance (including operation and maintenance of projects built to comply with 2012 MS4
permits), as well as for other programs and studies related to protecting and improving water
quality in lakes, rivers, and oceans. Up to thirty percent (30%) of Municipal Funds may be used to
pay for costs and expenses incurred related to the continuation or maintenance of applicable
programs/projects implemented prior to November 6, 2018.
To receive SCW Program funds municipalities are required to enter into a Municipal Transfer
Agreement with the District. The agreement stipulates that annual budgets, progress and
expenditure reports, and independent audits are expected deliverables under the Municipal
Program. Annual expenditure plans are due no later than 90 days prior to the start of the Fiscal
Year for which the Plan is prepared. Progress reports are due annually, 6 months after the close of
each Fiscal Year. Audit reports are due 9 months after the end of the 3`d Fiscal Year (i.e., 3/31/28,
for July 2024 through June 2027).
Municipalities are expected to receive their portion of SCW Program revenue funds by the end of
December each year, provided a duly executed Transfer Agreement is in effect and subject to the
Municipality's compliance with the conditions described in "Exhibit A".
STAFF RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2024-51 to authorize the City
Manager to execute the Transfer Agreement between the Los Angeles County Flood Control
District and the City of Rosemead for a term that shall expire at the end of Fiscal Year 2027-28.
City Council Meeting
September 24, 2024
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FISCAL IMPACT
The City of Rosemead is expected to receive an estimated annual allocation of up to $570,000
annually to address local stormwater and urban runoff challenges and opportunities.
ENVIRONMENTA REVIEW
This agenda item does not constitute a project under the California Environmental Quality Act
("CEQA" ), and it can be seen with certainty that it will have no negative impact on the
environment. As such, this matter is exempt under CEQA.
STRATEGIC PLAN IMPACT
The project is consistent with the Strategic Plan's guiding principal for fiduciary responsibility of
providing for transparency in financial management of City's finances and providing quality of
life enhancement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
D-'-elle GaYcia
Public Works Fiscal and Project Manager
Submitted by:
Albert Leung .1
Acting Director of Public Works
Attachment A: Resolution No. 2024-51
Attachment B: Safe, Clean Water Program Municipal Transfer Agreement No. 2024MP66
Attachment A
Resolution No. 2024-51
RESOLUTION NO. 2024-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE LOS ANGELES REGION SAFE,
CLEAN WATER PROGRAM, MUNICIPAL TRANSFER AGREEMENT
WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
WHEREAS, the City Council of the City of Rosemead ("City") is eligible to receive
funding for Stormwater, Urban Runoff Pollution and Water Quality projects, through the Los
Angeles County Flood Control District; and
WHEREAS, the City shall receive an amount directly proportional to the Safe, Clean
Water (SCW) Program Special Parcel tax revenues generated within its boundaries; and
WHEREAS, pursuant to Section 16.05(A)I of the Los Angeles County Flood Control
District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an
agreement with the District to transfer SCW Program funds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES
HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby approves and authorizes the City Manager to
execute the Safe Clean Water Program Municipal Transfer Agreement with the Los Angeles
County Flood Control District, in the form attached to this Resolution as Exhibit "A".
SECTION 2. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 24' day of September, 2024.
Steven Ly, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution, No. 2024-51, was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 24th day of September, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment B
Safe, Clean Water Program Municipal Transfer
Agreement No. 2024MP66
Municipal Program
Agreement N0.2024MP66
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND ROSEMEAD
AGREEMENT NO.2024MP66
SAFE, CLEAN WATER PROGRAM—MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as "Agreement,' is entered into as of
by and between the Los Angeles County Flood Control District, hereinafter referred to as "District,"
and Rosemead, hereinafter referred to as "Municipality."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16
of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18
of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding
Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff
pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent
(40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same
proportion as the amount of revenues collected within each Municipality, to be expended bythose cities within the cities'
respective jurisdictions and bythe Countywithin the unincorporated areas that are within the boundaries of the District,
for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the
criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code;
WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their
receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program
funds;
WHEREAS, the Countyof Los Angeles Board of Supervisors has approved a standard template Agreement, as
required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the
transfer of SCW Program funds to Municipalities.
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this
Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise,
covenant, and agree as follows:
DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply
to this Agreement. In addition, the following definitions shall also apply
"Agreement" means this Transfer Agreement, including all exhibits and attachments hereto.
"Annual Plan" means the plan referred to in Section 18.09.13.5 of the Code that includes the contents specified in Exhibit
A.
"Code" means the Los Angeles County Flood Control District Code. "Days" means calendar days unless otherwise
expressly indicated.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year.
"Safe Clean Water (SCW) Program Payment" means the Municipalitys annual allocation of SCW Program funds as
described in Section 16.04.A.2. of the Code disbursed bythe District to the Municipality.
"Year"means calendar year unless otherwise expressly indicated.
11. PARTYCONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication
regarding the Municipal Program and the administration and implementation of this Agreement.
Los Angeles County Flood Control District
Municipality-, Rosemead
Name: Harts Harouny
Name:
Address: 900 S FremontAve, Alhambra, CA
91803
Address: 1.
Phone: 626 300-2620
Phone:
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Email: hharouny@dpw.lacounty.gov Email:
Either party to this Agreement may change the individual identified as the primary point of contact above by providing
written notice of the change to the other party.
III. EXHIBITS INCORPORATED BYREFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated
herein and made a part of this Agreement:
EXHIBITA—ANNUAL PLAN CONTENTS
EXHIBITB —GENERALTERMS AND CONDITIONS
EXHIBIT C — NATURE -BASED SOLUTIONS (Best Management Practices)
EXHIBIT D —OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be
submitted not later than 90 -days prior to the startof the Fiscal Year for which the Plan is prepared.
B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all
applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed
transfer agreement is in effect and subject to the Municipalitys compliance with the conditions described in
paragraph B, below; however the District may, in its discretion, change the date and number of the actual
disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.
B. The District shall disburse the Municipalitys SCW Program Payment upon satisfaction of the following
conditions: (1)the District has received the Annual Progress/Expenditure Report required pursuantto Section
18.06.D of the Code; (2) the District has received Municipalitys Annual Plan for that Fiscal Year, and (3) the
Municipality has complied with the audit requirements of Section B-6 of Exhibit B.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at anytime or in any
manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement
and Chapters 16 and 18 of the Code.
VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter enter into anew
agreement based on the most recent standard template agreement approved by the Board.
VII. EXECUTION OF AGREEMENT
This Agreement maybe executed simultaneously or in any number of counterparts, including both counterparts that are
executed manually on paper and counterparts that are in form of electronic records and are executed electronically,
whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same
instrument.
The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of
authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or
amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient
evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto
such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-
facsimile/electronic) transmission of "original" versions of such documents.
Further, the District and the Municipality. (i) agree that an electronic signature of any party may be used to authenticate
this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual
signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the
party using signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the
foregoing fors of signature.
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
By—
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By—
Name:
Title:
Date:
Municipal Program
Agreement No.2024MP66
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Municipal Program
Agreement No.2024MP66
EXHIBIT A—ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how
the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and
corresponding metrics for subsequent reporting of all applicable parameters.
A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of
how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets
and corresponding metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded using tie SCW Program Payment.
Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.
Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an
overview of anticipated overall project approach.
A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the
SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not,
why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an
overview of anticipated overall project approach.
A-5. Description of postconstruction monitoring for projects completed using the SCW Program Payment. Additional
post -construction monitoring activities, even if funded by other sources, should be referenced to provide an overview
of anticipated overall project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable
Infrastructure (ISI) verif cation, if applicable.
A-7. Provide the budget for the activities described in provisions Al through A-5 SCW Program Payment.
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EXHIBIT B— GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and
shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only
for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments, interest earned
prior to disbursement is property of the District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program
Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District's Safe, Clean Water Program for its
support when promoting activities funded with SCW Program funds or using any data and/or information developed
SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure
Project, signage shall be posted in a prominent location at Project site(s) or at the Municipalitys headquarters and shall
include the Safe, Clean Water Program color logo and the following disclosure statement: "Funding for this project has
been provided in full or in part from the Los Angeles County Flood Control District's Safe, Clean Water Program." At a
minimum the sign shall be 2' x 3' in size. The Municipality shall also include in each of its contracts for work under this
Agreement a provision that incorporates the requirements stated within this paragraph.
When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the
following statement in the study report: "Funding for this study has been provided in full or in partfrom the Los Angeles
County Flood Control District's Safe, Clean Water Program:' The Municipality shall also include in each of its contracts
for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
B-3. Acquisition of Real Property- Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are
consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.
Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record
a document in the office of the Registrar-Recorder/County
Clerk containing a covenant not to sell or otherwise convey the real propertywithout the prior express written consent of
the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terns of this Agreement shall be
valid unless made in writing and signed bytthe parties. No oral or written understanding or agreement not incorporated in
this Agreement is binding on any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement
B-6. Audit and Recordkeeping
1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally
Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented
using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District,
shall make such records available for examination and review or audit by the District or its authorized
representatives. Records shall include accounting records, written policies and procedures, contract files, original
estimates, correspondence, change orderfiles, including documentation covering negotiated settlements,
invoices, and anyother supporting evidence deemed necessary to substantiate charges related to SCW
Program Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and
conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18
of the Code. Municipality shall obtain an independent audit of their SCW Program Payments everythree (3)
years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copyof all audit reports bythe ninth (91') month from the end of each three (3) year period
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to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District's publicly
accessible website. Due date example below.
Every Third Fiscal Year
Fiscal Year
I Audit Begins i Audit Re ort Due to District
2023-24
1 7/112027 No later than 3/31/2028
4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure
Projects using SCW Program Payments. The Municipality shall permit the authorized District representative,
including the Auditor -Controller, to examine, review, audit, and transcribe any and all audit reports, other reports,
books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination
activities are considered District administration of the SCW Program.
5. Expenditures determined by an auditto be inviolation of any provision of Chapters 16 or 18 of the Code, or of this
Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.
B-7. Availability of Funds
District's obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to
permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited
to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be
obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a
condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this
Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other
Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are
unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds
do become available, but this intention is not binding. If this Agreement's funding for any Fiscal Year is reduced or
deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring
to the D isbict or offer an amendment to the Municipality to reflect the reduced amount.
B-8. Choiceof Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under
this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate
and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of
Chapters 16 and 18 of the Code.
B-11. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all
applicable local, state and federal laws, rules, guidelines, regulations, and requirements.
B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects
The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all ora significant part or portion
of any Project funded in whole or in partwith SCW Program Payments during the useful life (defined as 30 years unless
specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.
Such approval may be conditioned as determined to be appropriate bythe District, including a condition requiring
repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said
amount accruing from the date of lease or disposal of the Project.
B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the
dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the
dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate
mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.
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All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.
SCW Program Payments shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the
dispute in any court of law.
B-14. Final Inspection and Certification of Registered Professional
Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a
Califomia Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been
completed.
Upon completion of the project, the Municipality shall provide for a final inspection and certification bya California
Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed
in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this
Agreement.
B-15. Force Majeure
In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of
strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or
other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for
the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the
period of such delay.
B-16. Funding Considerations and Exclusions
1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and
18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding
eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures
contained in Section 16.05.A.3.
2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced
Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water
Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to
the settlement of an enforcement action orto offset monetary penatties imposed bythe State Water Resources
Control Board, a Regional Water Quality Control Board, or any other regulatory authority, provded, however, that
SCW funds may be used for a Project implemented pursuantto a time schedule order ("TSO") issued bythe Los
Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an
approved watershed management program (including enhanced watershed management programs) developed
pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and
appointed officials, agents, and employees from and against any and all liability and expense, including defense costs,
legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily
injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program
implemented bythe Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement
bythe Municipality.
B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent
capacity and not as officers, employees, or agents of the District.
The Municipality shall not contract work with a contractorwho is in a period of debarment from any agency within the
District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the
agreement between the District and Municipality, and expressly supersedes any and all prior oral orwritten agreements,
covenants, representations and warranties, express or implied, conceming the subject matter of this Agreement.
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from
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the end of the fiscal year in which those funds are transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SC W Program Payment within five (5) years from the end of the fiscal
year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will
apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible
expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from
the District.
3. Lapsed funds shall be allocated bythe Watershed Area Steering Committee of the respective Watershed Area to
a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the
Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipalitys control, then the Municipality
may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.
Extension Requests must contain sufficient justification and be submitted to the District in writing no later than
three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding
procedures without exception. Example Below.
Fiscal Year
Funds Lapse
Extension
Commit By
Transferred
After
Request Due
2019-20
6/30/2025
No later than
No later than
3/31/2025
1 6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will
have safe and suitable access to the site of any Project implemented bythe Municipality in whole or in part with SC W
Program Payments at all reasonable times.
B-22. Non -Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-
discrimination in employment and equal employment opportunity.
B-23. No Third -Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, anythird party as a beneficiary of this
Agreement, or of any duty, covenant, obligation, or undertaking established herein
B-24. Notice
1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality, or
b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Municipality shall notify the D istrict within ten (10) working days of any litgation pending or threatened against
the Municipality regarding its continued existence, consideration of dissolution, ordisincorporation.
3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any
major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in
benefits or community engagement, and/or modifications that change the SC W Program Goals intended to
be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical
resource be discovered during construction, the Municipality agrees that all work in the area of the find will
cease until a qualified archaeologist has evaluated the situation and made recommendations regarding
preservation of the resource, and the District has determined what actions should be taken to protect and
preserve the resource. The Municipality agrees to implement appropriate actions as directed bythe District.
c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the
opportunityfor attendance and participation by District representatives with at least fourteen (14) days' notice
to the District.
B-25. Municipalitys Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this
Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The
Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.
The Districtwill not mediate disputes between the Municipality and any other entity concerning responsibility for
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Municipal Program
Agreement No.2024MP66
performance of work.
B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting
requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports,
using a format provided bythe District, within six (6) months following the end of the Fiscal Yearto the District to
detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District's
publicly accessible website and on the Municipalitys website. The Annual Progress/Expenditure Report shall
include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended;
c. Documentation that the SCW Program Paymentwas used for eligible expenditures in accordance with
Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the
applicable reporting period including comparison to the Annual Plan and corresponding metrics;
e. Discussion of any existing gaps between what was planned and whatwas achieved for the prior year, include
any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a
summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior
year, including graphical representation of available data and specific metrics to demonstrate the benefits
being achieved through the years' investments.
g. Discussion of alignmentwith other local, regional, and state efforts, resources, and plans, as applicable. This
includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW
Program Goals, and increasing regional capacity to supplement the SCW Program.
h. Additional financial or Project -related information in connection with activity funded in whole or in part using
SCW Program Payments as required bythe District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that
projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18
of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by
SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding
specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits
and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed aquifer
iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss
considerations explored and reasons to not include.
v. Annual acreage increases in Nature -Based Solutions and claimed level of NBS (with matrix
demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss
considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons
to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program
Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the
public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and
information as maybe reasonably requested by the District including, but not limited to mated al necessary or
appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or
federal govemment.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by
the individual signing on behalf of Municipality, has been duly authorized bythe governing body of Municipality, as
applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in
accordance with its terms, except as such enforcement may be limited by law.
2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all
incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on
the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument
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Municipal Program
Agreement No.2024MP66
to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page
hereof.
3. No Litigation. There are no pending or, to the Municipalitys knowledge, threatened actions, claims, investigations,
suits, or proceedings before any governmental authority, court, or administrative agencywhich affect the
Municipalitys abilityto complete the Annual Plan.
4. Solvency None of the transactions contemplated bythis Agreement will be or have been made with an actual
intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the
first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by
this Agreement. The Municipality is able to pay its debts as they become due.
5. Legal Status and Eligibility The Municipality is dulyorganized and existing and in good standing under the laws of
the State of California. The Municipality shall at all times maintain its current legal existence and preserve and
keep in full force and effect its legal rights and authority.
6. Good Standing. The Municipality must demonstrate it has not failed to complywith previous County and/or District
audit disallowances within the preceding five years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall beat rates not to exceed those set by the
California Department of Human Resources; per diem costs will not be eligible expenses. These rates maybe found at
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx Reimbursement will beat the State travel
amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County
Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program
Manager.
B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable,
the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
B-30. Withholding of Disbursements and Material Violations
Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program
Payment for any Fiscal Year in the event that:
1. The Municipality has violated any provision of this Agreement; or
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an
opportunity to cure.
3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
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Municipal Program
Agreement No.2024MP66
EXHIBITC—NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES
Municipalities shall consider incorporation of Nature -based solutions (NBS) into their projects. NBS refers to the
sustainable management and use of nature for undertakirg socio -environmental challenges, including climate change,
water security, water pollution, food security, human health, and disaster risk management. As this environmental
management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be
expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter
Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the
permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian
habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting,
mulching; arid, planting trees and vegetation, with preference for native species. NBS may also be designed to provide
additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks
and open space, and improving qualityof life for surrounding communities. NBS include Projects that mimic natural
processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture
stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing
natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a
good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally Annual
Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each
method. If at least 3 methods score within a single class, the overall project can be characterized as that class.
Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each
method, to facilitate District tracking of methods being utilized.
METHODS
VegetatioNGreen
Space
Increase of
Permeability
Protection of
Undeveloped
Mountains &
Floodplain
Use of climate
appropriate, eco -friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate -appropriate
vegetation
Wtallation of vegetated
andscape — 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
*Preservation of native
vegetation
I .Minimal negative ii
to existing drainage
system
Use of native, climate
appropriate, eco -friendly
vegetation
(groundcover, shrubs, and
trees) / green space 160/6-
35% covered by new
native vegetation
Installation of vegetated
landscape — 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
vegetation
a Installation of new
features) to improve
existing drainage system
or, BEST'`
blishment of plant
munities with a
sity of native
nation
mdcover, shrubs.. and
;) /'green space that is
native and climate-
opriate
than 35% covered by
native vegetation
illation of vegetated
scapa — 75%-100%
;d area removed
ation of well-connected
self -sustained natural
scapes with healthy
permeable surfaces.
appropriate vegetation
of open green
ion of features to
natural hydrology
Pace " of 14
Creation &
Restoration of
Riparian Habitat &
Wetlands
New Landscape
Elements
Enhancement of Soil
existing riparian habitat
and wetlands _.Planting
climate appropriate
vegetation between 11 a
20
different climate
appropriate or native pla
species newly planted
o No potable water used
sustain the wetland
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Use of soil amendments
such as mulch and
compost to retain moisture
jsoil and prevent
ion
sting of new climate
opriate vegetation to
enhance soil organic
matter
*Full restoration of existing
riparian habitat
and wetlands
*Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
• No potable water used to
sustain the wetland
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate -appropriate
vegetation to enhance soil
organic matter
Municipal Program
Agreement No.2024MP66
ands Planting of plant
munities with a
rsity of native
dation— between 41"
50 different native
tspecies newly
potable water used to
iin the wetland
le sized elements that
.ure and treat runoff to
dement or replace
ting water systems
wetlands, da0ighting
ams, groundwater
,ation, floodplain
3mation), capturing the
i percentile 24-hour
'n event from the entire
:el and/or capturing off -
runoff
zh as mulch and
mpost that are locally
nerated.. especially use
next -generation design
in regenerative
scrbents (e.g.
)odchips, biochar) to
ain moisture in the soil,
=.vent erosion, and
pport on-site
mposting and other
it enhancement
of new native,
appropriate
on to enhance soil
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Municipal Program
Agreement No.2024MP66
EXHIBIT D—OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using
the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care
and upkeep of Projects that may require detailed technical knowledge of the Project's function and design. Project
specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and
frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices,
including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the
Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and
urban runoff benefits.
Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock
areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways,
drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
• Regular inspection and maintenance of pet waste stations.
• Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales.
• Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance
Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine -type weeds,
ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or
shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas,
gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing
stations, park shelters, and bicycle paths.
Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth.
o Prevent encroachment of adjacent property and provide vertical clearance.
o Inspect for dead or diseased plants regularly.
Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perenniallywet and seasonal,
intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal
o Weed and nuisance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and
harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.
3. Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat
structure for animal species.
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and
migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.
4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis.
• Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences,
and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed
granite pathways, and maintenance roads).
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• Inspect shade structures for structural damage or defacement.
• Inspect hardscapes.
• Inspect and maintain interpretive and informational signs.
• Inspect site furnishings (e.g. benches, hitching posts, bicycle racks).
• Maintain deck areas (e.g. benches, signs, decking surfaces).
• Visually inspect weirs and flap gates for damage; grease to prevent locking.
• Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates
through full cycles to prevent them from locking up.
5. Irrigation System Management
Ensuring automatic irrigation controllers are functioning properly and providing various plant species with
proper amount of water.
o Cycle controller(s) through each station manually and automaticallyto determine if all facets are
functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and
erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur
at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a
year.
o Maintain and check function of the drip system.
Keeping irrigation control boxes clear of vegetation.
Operating irrigation system to ensure it does not cause excessivelywet, waterlogged areas, and slope
failure.
Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant
characteristics to promote a self-sustaining, irrigation free landscape.
Determine watering schedules based on season, weather, vadation in plant size, and plant varieties. At
least four times a year (e.g. change of season), reschedule controller systems.
• Tum off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high
enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity.
• Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank
protection, and replanting exposed soil.
Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation.
• Examine inflow and outflow structures to ensure devices are functioning properlyand are free of
obstructions.
• Water quality sampling (quarterly, unless justified otherwise).
• Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.
8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species.
• Adequate pretreatment of influent wastewater to lessen production of larval mosquitos.
• Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas.
• Managing flow velocities to reduce propagation of vectors.
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