CC - Item 3A - LA River and Tributary Metals TMDL•
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: SEPTEMBER 23, 2008
SUBJECT: MEMORANDUM OF AGREEMENT FOR THE ADMINISTRATION AND
COST SHARING OF THE COORDINATED MONITORING PLAN FOR
THE LOS ANGELES RIVER AND TRIBUTARY METALS TOTAL
MAXIMUM DAILY LOAD (TMDL)
SUMMARY
The Los Angeles River (LAR) and Tributaries Metals Total Maximum Daily Load
(TMDL), adopted by the Los Angeles Regional Water Quality Control Board
(LARWQCB), requires that watershed cities and agencies (regulated entities) fund a
coordinated monitoring program. This report outlines the requirement for these efforts,
their foreseeable costs, proposed implementation through a cost sharing agreement
and fiscal management through the Gateway Cities Council of Governments (GCCOG).
Staff Recommendation
Staff recommends that the City Council approve the monitoring administration and cost
sharing Memorandum of Agreement (MOA) with the GCCOG and authorize the City
Manager to execute the MOA.
Background
Several segments of the LAR and its tributaries were identified on the 1998 and 2002
Clean Water Act (CWA) 303(d) list of impaired water bodies as impaired due to various
metals. A TMDL establishes a maximum limit for a specific pollutant that can be
discharged into a water body without exceeding water quality standards and impairing
beneficial uses. Uses most likely to be impacted by metal loadings to the LAR include
aquatic life and the water supply. As a result of a 1999 consent decree between three
environmental organizations (Heal the Bay, Natural Resources Defense Council
(NRDC), and Santa Monica Baykeeper) and the US Environmental Protection Agency
(EPA), the LARWQCB was required to abide by a 13 year schedule to develop over 90
TMDLs. The consent decree required that the LAR and Tributaries Metals TMDL (LAR
Metals TMDL) be completed by March 22, 2004. This deadline was extended by mutual
ITEM NO. ?A--
APPROVED FOR CITY COUNCIL AGENDA:
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City Council Meeting
September 23, 2008
Page 2 of 4
consent of the plaintiffs and the EPA to December 2005. The EPA approved the LAR
Metals TMDL as an amendment to the regional Water Quality Control Plan for the Los
Angeles Region (Basin Plan) on December 22, 2005 and the TMDL became effective
January 11, 2006.
Preparation and implementation of a Coordinated Monitoring Plan (CMP) is a
mandatory TMDL requirement. The CMP was developed by an 11 member Technical
Committee (TC) that included representatives from every Jurisdictional Group in the
watershed. The following agencies are currently members of the TC: Cities of Los
Angeles, Hidden Hills, Burbank, Glendale, Pasadena, Irwindale, Downey, Signal Hill,
Long Beach, County of Los Angeles, and Caltrans. A similar Steering Committee,
comprised of City Managers, was also convened to oversee the optional special studies
and funding details.
The CMP's goals are to monitor water quality at key locations along the river, in addition
to future targeted monitoring if found necessary. The estimated first year watershed
wide CMP costs are approximately $590,000, which includes purchase and installation
of auto-sampling devices. The annual monitoring costs are estimated at $192,000. An
additional amount of approximately $23,000 is required for the first two years for
additional wet weather sampling to verify the default translator values used in the TMDL
to calculate the fractionation between dissolved and total metals. The current estimated
City of Rosemead costs are $6,811 for the first year, $2,480 for the second year, and
$2,217 for each of the final two years, based on the Metal TMDL's allocation formula.
An important concept in this CMP was the inclusion of a tiered monitoring scheme.
Since the CMP is intended to cover both the ambient and effectiveness monitoring, this
method allows control of costs while also having the ability to isolate the source of an
exceedance of the water quality standards during the effectiveness-monitoring period at
a particular location. This method was adopted from a previously approved monitoring
plan for the Santa Monica Bay Bacteria TMDL. The concept is simple; there are three
tiers (Tier I, II, and III) of monitoring with samples only being taken at Tiers II or III upon
exceedances of Tier I samples. During ambient monitoring, only Tier I sites will be
sampled in order to assess the water quality of the watershed. Once effectiveness
monitoring is required by the TMDL, the Tier II activation and deactivation criteria will be
applied to the data from the Tier I locations to determine when monitoring at the
upstream Tier II locations would begin and end in order to narrow the search for the
source of the exceedance(s).
There are a total of 16 monitoring locations, 13 in the main channel and 3 in tributaries.
The sampling frequency as required in the TMDL is monthly for total recoverable and
dissolved metals and hardness for both the ambient and effectiveness monitoring
periods unless Tier II or III monitoring is triggered during the compliance monitoring
period. The pollutants of concern to be monitored include cadmium, copper, lead,
selenium, zinc, and hardness. Consistent with the TMDL, Cadmium will be tested only
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City Council Meeting
September 23, 2008
Page 3 of 4
in Reach 1 and only during wet-weather events and likewise, selenium will only be
tested during dry-weather monitoring events in Reach 6. The TC decided that dry-
weather sampling would be taken by grab sampling methods and that only wet-weather
sampling would be collected with expensive auto sampler apparatus located at the base
of each jurisdiction. The City of Los Angeles will be responsible for the monitoring
services, defined as sampling services, laboratory analysis, and reporting services. The
County of Los Angeles will be responsible for the installation of the automated sampling
equipment through use of their forces or an outside contractor.
The CMP will require administration, invoicing of participating local governments, bill
payments and auditing. The Steering Committee considered administering the projects
through existing organizations or creating a new Joint Powers Agency, but short
timeframe for organizing this monitoring effort and agency contracting obstacles with the
County of Los Angeles and Caltrans were prohibitive. Additionally, the administrative
tasks would overburden any one city or agency.
The Steering Committee recommends that the Gateway Cities Council of Governments
(GCCOG) administer the CMP. The GCCOG has a decade of experience in
administering multi-agency agreements with Los Angeles County, Caltrans and local
communities. Fifteen of the COG cities are impacted, along with large areas of
unincorporated Los Angeles County. The GCCOG's direct and actual administration
costs would be fully paid by the participating agencies, including the costs of auditing,
legal reviews of agreements and staff. The GCCOG Board of Directors unanimously
approved a previous Project Oversight Agreement for Special Studies on May 3, 2007.
The GCCOG anticipates costs of $10,000 per year in administrative costs, which will be
shared among the 42 agencies, based on the funding formula.
Each watershed agency must authorize the CMP MOA with the GCCOG in order for the
watershed to meet the monitoring deadline of October 11, 2008 (six months after
approval of the CMP). The Steering Committee surveyed the agencies to assess
management support for the funding formula and the mandatory CMP, prior to drafting
this MOA. All cities and agencies have responded in the affirmative to participate in this
CMP.
FINANCIAL REVIEW
The estimated budget and cost breakdown for this agreement is shown in Exhibit A, B,
and C of the MOA. The budget is based on the following breakdown.
• Year One: The first year costs include the capital costs for auto sampler
installation and the first year of the additional sampling for a translator study in
addition to the regular sampling.
• Year Two: The second year costs include the final year of additional sampling
for the translator study in additional to the regular sampling.
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City Council Meeting
September 23, 2008
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• Years Three and Four: The amounts for the third and fourth year are only for
the regular sampling costs.
Based on a funding formula, Exhibit C of the MOA, the City's cost over four years will be
$13,723.44.
Prep red by:
Lucien J. LeBlanc. P.E.
City Engineer
Su miffed by:
Chris Marcarello
Deputy Director of Public Works
Sub i by:
i
Briari~S eki
Assistant City Manager
Attachments:
(1) CMP Memorandum of Agreement and Exhibits A, B, and C
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF ROSEMEAD
REGARDING THE ADMINISTRATION AND COST SHARING OF THE
COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
This Memorandum of Agreement ("Agreement") is made and entered into as of
the date of the last signature set forth below by and between the Gateway Cities Council
of Governments, a California joint powers authority ("GCCOG"), and the City of
Rosemead, a California municipal corporation ("City"); (hereinafter "Party" or "Parties")
with respect to the following:
RECITALS
WHEREAS, the mission of the GCCOG includes environmental planning and
providing technically sound science and analyses to its member cities and agencies; and
WHEREAS, fifteen of the GCCOG's member cities are located within the Los
Angeles River watershed and the GCCOG has established effective working relationships
with the adjacent Councils of Governments; and
WHEREAS, the GCCOG has previously entered into interagency agreements,
successfully partnering with various cities, SLAG, CALTRANS and the County of Los
Angeles to undertake projects and studies of regional significance; and
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
("Regional Board") adopted the Los Angeles River and Tributaries Metals Total
Maximum Daily Load ("TMDL" or "Los Angeles River Metals TMDL") in September of
2005, with the intent of improving water quality in the Los Angeles River and its
tributaries; and
WHEREAS, the Parties recognize that the TMDL is not self-enforcing and has
not been incorporated into the 2001 National Pollutant Discharge Elimination System
Permit for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff
Dischargers within the County of Los Angeles, and the unincorporated cities therein
except the City of Long Beach, Avalon, Palmdale and Lancaster dated December 13,
2001 for the LA River Metals TMDL to be legally enforceable; and
WHEREAS, this TMDL regulates the discharge of runoff from, forty cities, the
County of Los Angeles, and CALTRANS, herein referred to as collectively the
"Regulated Entities" or singularly "Regulated Entity", requiring a high degree of
organization and cooperation from the local watershed agencies; and
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WHEREAS, this TMDL requires the preparation and implementation of a
Coordinated Monitoring Plan ("CMP") by the Regulated Entities that is designed to
monitor water quality at key locations along the Los Angeles River and its tributaries, in
addition to proving compliance with the TMDL waste load allocations; and
WHEREAS, a Los Angeles River Metals TMDL Technical Committee,
consisting of representatives from the Regulated Entities, has been established with the
purpose of preparing and submitting the CMP to the Regional Board; and
WHEREAS, a Los Angeles River Metals TMDL Steering Committee, consisting
of representatives from the Regulated Entities, has been established for the purpose of
providing general oversight of the implementation of the Los Angeles River Metals
TMDL which includes the CMP and technical Special Studies; and
WHEREAS, a Los Angeles River Watershed Management Committee, required
by the Municipal Storm Water NPDES Permit, meets on a regular basis and is attended
by all the Regulated Entities in the watershed, and
WHEREAS, the draft and final CMP titled "Los Angeles River Metals TMDL
Coordinated Monitoring Plan," was prepared by the Technical Committee, reviewed by
the Los Angeles River Watershed Management Committee and Steering Committee, and
submitted to the Regional Board on April 11, 2007 and March 26, 2008, respectively; and
WHEREAS, the Regulated Entities agree to implement the monitoring program
within six months of the approval date of the CMP by the Regional Board and upon the
adoption and initial funding of this Agreement by the Regulated Entities; and
WHEREAS, the CMP requires administrative services that the Regulated Entities
desire the GCCOG to coordinate, including contracting for the purchase and installation
of automated water sampling devices, collection of dry and wet weather water quality
samples, laboratory analysis and reporting services, and other CMP related activities; and
WHEREAS, the GCCOG has agreed to provide administrative services to the
Regulated Entities to facilitate the successful implementation of the CMP; and
WHEREAS, the Regulated Entities have agreed to share in fully funding the costs
of the CMP, including those costs incurred by the GCCOG in administering this
Agreement, based on the cost allocation formula contained in Exhibit A and the estimated
monitoring plan costs shown in Exhibit B of this Agreement; and
WHEREAS, the City of Los Angeles has the expertise and equipment to perform
sampling services, laboratory analysis, and reporting services ("Monitoring Services")
consistent with the CMP; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ the City of
Los Angeles to perform the Monitoring Services on their behalf at locations identified in
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the CMP, and the Regulated Entities are willing to pay the City of Los Angeles for its
Monitoring Services through the GCCOG, and City of Los Angeles is willing to perform
the Monitoring Services and be reimbursed for such services as indicated in Exhibit B;
and
WHEREAS, the County of Los Angeles has the expertise and equipment to
perform the installation, or the ability to contract the installation to an outside entity, of
the automated water sampling devices consistent with the CMP; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ the County
of Los Angeles to perform the installation of the automated water sampling devices on
their behalf at locations identified in the CMP, and the Regulated Entities are willing to
pay the County of Los Angeles for its installation services through the GCCOG, and
County of Los Angeles is willing to provide, perform and be reimbursed for such
installation services as indicated in Exhibit B; and
WHEREAS, GCCOG will execute similar cost-sharing agreements with all other
Regulated Entities before this agreement becomes enforceable, unless stated otherwise
elsewhere in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as part of
this Agreement.
Section 2. Purpose. The purpose of this Agreement is to cooperatively fund the
implementation of the CMP
Section 3. Cooperation. The Parties shall fully cooperate with one another to
attain the purposes of this Agreement.
Section 4. Voluntary Nature. This Agreement is voluntarily entered into for the
implementation of the CMP.
Section 5. Term. The term of this Agreement shall remain and continue in effect
until completion of the ambient monitoring period of the CMP or June 30, 2012,
whichever occurs first.
Section 6. Coordinated Monitoring, Plan. The Los Angeles River Metals TMDL
CMP consists of the regulatory background, ambient and effectiveness monitoring,
monitoring sites, sampling parameters, analytical methods, schedule, reporting, and other
regulatory requirements. Digital versions of the Regional Board approved CMP have
been provided to all of the Regulated Entities. The final CMP was approved by the
Regional Board on April 11, 2008, and is incorporated into this Agreement by this
reference.
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Section 7. Assessment for Proportional Costs of the CMP. The City of Rosemead
agrees to provide funds to the GCCOG in the amount shown in Exhibit C, based on the
cost allocation formula set forth in Exhibit A and the estimated annual monitoring costs
in Exhibit B, attached hereto and made a part of this Agreement by this reference. The
GCCOG will annually invoice the City upon the execution of this Agreement, based on
allocated CMP costs, which includes all administrative costs incurred by the GCCOG in
the performance of its duties under this Agreement. The GCCOG administrative costs
include compensation for staff time, audit expenses, and costs incurred in administrating
agreements. Any overpayment or underpayment of the CMP costs shall be credited or
billed to the City in the next year's invoice or if it occurs in the last year of the
Agreement it shall be reimbursed at its termination.
Section 8. Role of the GCCOG. The GCCOG shall enter into agreements with
each of the Regulated Entities to effectuate the CMP, invoice and collect from the
Regulated Entities the estimated amounts identified in Exhibit C, which are based on the
cost allocation formula in Exhibit A and estimated annual monitoring costs in Exhibit B,
and reimburse the City of Los Angeles and the County of Los Angeles for their
respective services as described in this Agreement.
Section 9. Role of the City of Los Angeles.
a) Monitoring - The City of Los Angeles will perform the Monitoring Services
at locations indicated in the CMP on behalf of the Regulated Entities.
Performance of the Monitoring Services by Los Angeles is expressly
conditioned upon all Regulated Entities listed in Exhibit A executing a similar
agreement with the GCCOG for cost sharing of the CMP.
b) Early Start of Monitoring - The TMDL requires monitoring to begin within
six months of the Regional Board approval of the Final CMP; therefore, all
Regulated Entities agree that the City of Los Angeles will start the Monitoring
Services, if necessary, even before this agreement has been signed by all the
Regulated Entities to ensure compliance with the TMDL. The Regulated
Entities thereby authorize that all costs incurred by the City of Los Angeles
for any early monitoring required by the CMP be included in the initial
GCCOG invoice to the Regulated Entities.
c) Reporting, - The City of Los Angeles will submit final summary monitoring
reports to the Regional Board annually as described in the CMP and distribute
copies of the annual reports to the Regulated Entities prior to submittal to the
Regional Board for review and approval. Regulated entities will have the
right to request monitoring reports at any time.
Section 10. Role of the County of Los Angdg . The County of Los Angeles will
perform the installation of the automated water sampling devices at the locations
identified in the CMP. Installation of the automated water sampling devices by the
County of Los Angeles is expressly conditioned upon all Regulated Entities listed in
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Exhibit A executing a similar agreement with the GCCOG for cost sharing of the CMP.
The TMDL requires monitoring to begin within six months of the Regional Board
approval of the Final CMP; therefore, all Regulated Entities agree that the County of Los
Angeles will start the installation of the auto samplers, if necessary, even before this
agreement has been signed by all the Regulated Entities to ensure compliance with the
TMDL. The Regulated Entities thereby authorize that all capital costs incurred by the
County of Los Angeles for any early installations be included in the initial GCCOG
invoice to the Regulated Entities.
Section 11. Invoice and Payment.
a) Annual Monitoring Payment - The GCCOG shall reimburse the City of Los
Angeles for the Monitoring Services in accordance with Exhibits B and C
within ninety (90) days of receipt of the invoice from City of Los Angeles,
minus the cost share of the City of Los Angeles' portion of the GCCOG
annual administration services cost. The GCCOG shall not be obligated to
remit to the City of Los Angeles more than the amount it has actually
collected from Regulated Entities pursuant to this Agreement less its
estimated administrative costs. In the event that funds received by the
GCCOG are not sufficient to cover the full GCCOG administrative costs and
City of Los Angeles invoice within 90 days of invoice, but are subsequently
received, those subsequent amounts shall be paid to the City of Los Angeles
within 30 days of receipt by the GCCOG. The annual payment shall be
increased by the State of California Consumer Price Index (CPI) annually.
The total annual monitoring costs shown in Exhibit B are estimates that have
been agreed upon amongst the City of Los Angeles and the Regulated
Entities. The cost estimates of Monitoring Services presented in Exhibit B
and C and costs of any monitoring activities, are subject to changes in the
CMP pursuant to a Regional Board requirement or unforeseen challenges in
the field. The GCCOG shall be notified by the City of Los Angeles of any
decreases or increases in sampling frequency; the actual cost of any decreases
or increases in sampling frequency will be reconciled with the next annual
payment.
b) Auto Sampler Payment - The GCCOG shall reimburse the County of Los
Angeles for the auto sampler infrastructure and installation capital costs as
shown in Exhibit B and C within ninety (90) days of receipt of any invoices
from County of Los Angeles. The GCCOG shall not be obligated to remit to
the County of Los Angeles more than the amount it has actually collected
from Regulated Entities pursuant to this agreement less its estimated
administrative costs. In the event that funds received by the GCCOG are not
sufficient to cover the full GCCOG administrative costs and County of Los
Angeles invoice within 90 days of invoice, but are subsequently received,
The State of California CPI is referenced at http://www.dir.ca.gov/DLSR for Los Angeles-Riverside-
Orange County Region for the month of June.
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those subsequent amounts shall be paid to the County of Los Angeles within
30 days of receipt by the GCCOG.
c) Invoice - The GCCOG shall invoice the Regulated Entities annually in
January except for the first invoice, which will take place immediately
following the execution of this Agreement. The first invoice will consist of the
allocated CMP costs for the first and second fiscal years, which include the
costs of the auto sampler infrastructure and installation capital costs, and from
thereon invoicing will be done in January of each year and will be based on
the estimated costs of the following fiscal year as indicated in Exhibits B and
C. The Regulated Entities shall pay the GCCOG invoices within sixty (60)
days of receipt of the invoices. The City of Los Angeles will invoice the
GCCOG immediately upon execution of this Agreement and from thereon on
annual basis starting July 2009 and the GCCOG shall pay the City of Los
Angeles invoices within ninety (90) days of receipt. Since the City of Los
Angeles is providing the Monitoring Services, the City of Los Angeles will
not be invoiced by the GCCOG for any monitoring related casts for the City's
costs share; similarly, the County will not be invoiced for any auto sampler
costs. Therefore, the City of Los Angeles and County of Los Angeles
invoices will be adjusted to exclude the City and County's cost shares,
respectively.
d) Late Payment Penalty - Any payment that is late shall be subject to interest on
the original amount due 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 for any payment that is made from 1 to 30 days
after the due date. The Prime Rate in effect when the payment first became
due plus five (5) percent shall apply for any payment that is made from 31 to
60 days after the due date. The Prime Rate in effect when the payment first
became due plus ten (10) percent shall apply for any payment that is made
more than 60 days after the due date. The rates shall, nevertheless, not exceed
the maximum allowed by law.
e) Delinquent Payments - A Regulated Entity's payment is considered to be
delinquent 180 days after being invoiced by the GCCOG. The following
procedure may be implemented to attain payments from the delinquent
Regulated Entity or Entities per instructions from the Steering Committee: 1)
verbally contact/meet with the manager from the delinquent Regulated Entity
or Entities, 2) submit a formal letter to the delinquent Regulated Entity or
Entities from the GCCOG attorney, and 3) notify the Regional Board that the
delinquent Regulated Entity or Entities are no longer a participating member
of the CMP. If a Regulated Entity or Entities remain delinquent after the
above procedures, then any delinquent amount(s) will be distributed in the
following year's invoice amongst all remaining Regulated Entities
proportionate to each Entity's area as it relates to the overall remaining total
Regulated Entities area, excluding the delinquent Regulated Entity or Entities.
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The Steering Committee will revise Exhibits A and C to show the recalculated
costs for each participating Regulated Entity; these revised exhibits will be
sent to the GCCOG and included with the annual invoices to the Regulated
Entities.
f) Interest Accrual - Any interest accrued on the funds collected per this
Agreement during the term of this Agreement shall be redeposited into the
appropriate account and used for implementation of the CMP. The GCCOG
shall report on an annual basis to the Steering Committee the amount of
interest accrued by the CMP account(s).
Section 12. Independent Contractor.
a) The GCCOG is and shall at all times remain a wholly independent contractor
for performance of the obligations described in this Agreement. The GCCOG
officers, employees and agents performing such obligations shall at all times
be under the GCCOG's exclusive control. The Regulated Entities shall not
have control over the conduct of the GCCOG or any of its officers, employees
or agents, except as set forth in this Agreement. The GCCOG, and its
officers, employees, or agents are not and shall not be deemed to be
employees of the Regulated Entities.
b) No employee benefits shall be available to the GCCOG in connection with the
performance of its obligations under this Agreement. The GCCOG is solely
responsible for the payment of salaries, wages, other compensation,
employment taxes, worker's compensation, or similar taxes for its employees
for performing obligations hereunder.
Section 13. Indemnification. To the fullest extent permitted by law, the City of
Rosemead and the GCCOG agree to save, indemnify, defend, and hold harmless each
other from any and all liability, claims, suits, actions, arbitration proceedings,
administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or
damage of any kind whatsoever, whether actual, alleged or threatened, actual attorney
fees, court costs, and any other costs of any nature without restriction incurred in relation
to, as a consequence of, or arising out of, the performance of this Agreement, and
attributable to the fault of the other. Following a determination of the percentage of fault
and or liability by agreement between the Parties or a court of competent jurisdiction, the
Party responsible for liability to the other will indemnify the other Party to this
Agreement for the percentage of liability determined.
Section 14. Termination of Agreement. Either Party may terminate this
Agreement for any reason, in whole or part, by giving the other Party thirty (30) days
written notice thereof. The City of Rosemead shall be responsible for the allocated costs
of CMP activities incurred up to the date of the termination. GCCOG shall notify in
writing all Regulated Entities within fourteen (14) days of receiving written notice from
any Regulated Entity that intends to terminate this Agreement.
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Section 15. Miscellaneous.
a) Notices. All notices which any Party is required or desires to give hereunder
shall be in writing and shall be deemed given when delivered personally or
three (3) days after mailing by registered or certified mail (return receipt
requested) to the following address or as such other addresses as the Parties
may from time to time designate by written notice in the aforesaid manner:
To GCCOG: Mr. Richard Powers
Executive Director
16401 Paramount Blvd.
Paramount, CA 90723
To City of Rosemead
Lucien J. LeBlanc, P.E.
City Engineer
8838 East Valley Blvd
Rosemead, Ca. 91770
b) Separate Accounting and Auditing. The GCCOG agrees to establish a separate
account to track the revenues from the Regulated Entities and the expenses
from of the CMP. Quarterly financial statements and the annual audit will be
made available to all of the participating Regulated Entities and will be
provided to the Steering and Technical Committees.
c) Binding Effect. This Agreement shall be binding upon and inure to the benefit
of each Party to this Agreement and their respective heirs, administrators,
representatives, successors and assigns.
d) Amendment. The terms and provisions of this Agreement may not be
amended, modified or waived, except by an instrument in writing signed by
the Parties.
e) Waiver. Waiver by any Party to this Agreement of any term, condition, or
covenant of this Agreement shall not constitute a waiver of any other term,
condition, or covenant. Waiver by any Party to any breach of the provisions
of this Agreement shall not constitute a waiver of any other provision, nor a
waiver of any subsequent breach or violation of any provision of this
Agreement.
f) Law to Govern; Venue. This Agreement shall be interpreted, construed, and
governed according to 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.
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g) No Presumption in Drafting. The Parties to this Agreement agree that the
general rule that an Agreement is to be interpreted against the Party drafting it,
or causing it to be prepared shall not apply.
h) Entire Agreement. This Agreement constitutes the entire agreement of the
Parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements, whether written or oral, with respect thereto.
i) Severability. If any term, provision, condition or covenant of this Agreement
is declared or determined by any court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions of this Agreement shall not
be affected thereby and this Agreement shall be read and constructed without
the invalid, void, or unenforceable provision(s).
j) Counterparts. This Agreement 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 both Parties to this
Agreement.
k) All Parties have been represented by counsel in the preparation and
negotiation of this Agreement. Accordingly, this Agreement shall be
construed according to its fair language.
1) Each of the persons signing below on behalf of a Party represents and
warrants that he or she is authorized to sign this Agreement on behalf of such
Party.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on their behalf, respectively, as follows:
DATE: City OF ROSEMEAD
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DATE: GATEWAY CITIES COUNCIL OF
GOVERNMENTS
Larry R. Nelson, President
ATTEST:
Richard Powers, Secretary
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EXHIBIT A
LOS ANGELES RIVER METALS TMDL
COORDINATED MONITORING PLAN
COST ALLOCATION FORMULA
(showing cost allocation for every $100,000 in costs)
Name
Area in miles
Distribution
Base
Rate $
Allocation
on S Miles $
Total
Rate $
Alhambra
7.6
0.012258262
500
968.40
1,468.40
Arcadia
10.93
0.017629317
500
1,392.72
1,892.72
Bell
2.74
0.004419426
500
349.13
849.13
Bell Gardens
2.48
0.004000065
500
316.01
816.01
Bradbury
1.4
0.002258101
500
178.39
678.39
Burbank
17.35
0.027984322
500
2,210.76
2,710.76
Caltrans
11.24
0.018129325
500
1,432.22
1,932.22
Calabasas
5.58
0.009000145
500
711.01
1,211.01
Carson
0.88
0.001419378
500
112.13
612.13
Commerce
6.56
0.010580816
500
835.88
1,335.88
Compton
8.6
0.013871191
500
1,095.82
1,595.82
Cudahy
1.12
0.001806481
500
142.71
642.71
Downey
5.66
0.00912918
500
721.21
1,221.21
Duarte
2.3
0.003709737
500
293.07
793.07
El Monte
6.97
0.011242117
500
888.13
1,388.13
Glendale
30.62
0.049387893
500
3,901.64
4,401.64
Hidden Hills
1.57
0.002532299
500
200.05
700.05
Huntington Park
3.03
0.004887176
500
386.09
886.09
Irwindale
1.89
0.003048436
500
240.83
740.83
La Canada Flintrid a
8.57
0.013822804
500
1,092.00
1,592.00
Lon Beach
16.66
0.026871401
500
2,122.84
2,622.84
City of Los Angeles
281.44
0.453942806
500
35,861.48
36,361.48
Lynwood
4.85
0.007822707
500
617.99
1,117.99
Maywood
1.18
0.001903257
500
150.36
650.36
Monrovia
10.34
0.016677688
500
1,317.54
1,817.54
Montebello
8.36
0.013484088
500
1,065.24
1,565.24
Monterey Park
7.66
0.012355038
500
976.05
1,476.05
Paramount
4.34
0.007000113
500
553.01
1,053.01
Pasadena
22.7
0.036613494
500
2,892.47
3,392.47
Pico Rivera
3.12
0.005032339
500
397.55
897.55
Rosemead
5.14
0.008290456
500
654.95
1,154.95
San Fernando
2.41
0.003887159
500
307.09
807.09
San Gabriel
4.12
0.006645268
500
524.98
1,024.98
San Marino
3.76
0.006064614
500
479.10
979.10
Terra Madre
2.99
0.004822658
500
380.99
880.99
Signal Hill
1.13
0.00182261
500
143.99
643.99
~ ~-I
E
South El Monte
2,09
0.003371022
500
266.31
766.31
South Gate
7.48
0.012064711
500
953.11
1,453.11
South Pasadena
3.43
0.005532347
500
437.06
937.06
Temple City
4.01
0.006467846
500
510.96
1,010.96
Vernon
5.08
0.008193681
500
647.30
1,147.30
Unincorporated LA County Areas
80.61
0.130018226
500
10,271.44
10,771.44
619.99
1
21,0001
79,000
100,000
Notes: The calculation of square miles in the watershed is based on GIS information
supplied by the Regional Water Quality Control Board. The distribution column indicates
the square miles located within the jurisdiction of each Regulated Entity as a fraction of
the total watershed. The base rate is $500 per Regulated Entity per $100,000 in
monitoring costs. This base rate ensures a minimum contribution from each Regulated
Entity, resulting in a total base of $21,000. The allocation based on square miles is
$100,000 minus the base of $21,000 ($79,000) multiplied by the figure in the distribution
column for each Regulated Entity. Each Regulated Entity's total cost for every $100,000
in costs is the sum of the base ($500 per $100,000), plus the Regulated Entity's allocation
based on square miles.
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