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CC - Item 3A - LA River and Tributary Metals TMDL• S £ M F ~ O 4~; 9 a AIWf` _ ~NFORnfF ! • 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: 0 0 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 0 0 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. 0 0 City Council Meeting September 23, 2008 Page 4 of 4 • 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 0 0 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 • • 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. • • 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 4 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. 5 i • 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. 0 0 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. 7 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. 8 • • 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. 9 • 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 10 • • 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. 12 • w w V CD (V O U) It T- CD ( O V 00 00 0 O O 0 O O 0 O I 0 O O 0 O 47 N O h r 01 O U CA co 1 N M Cf D ai &4 C`7 C j N o U7 o ch cM to Ui H3 00 00 it O OD m O Ei? 63 fA sa tH (A) c» ua N ~ r w C Q m Q y E f1S O m IC O C l0 y > N N 00 N y ca O W cn cn U) Z U) Le ♦r C N r- U7 C\l v CD } } m L O) > I~ LO O T CO O w L. 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