Resolution No. 96991
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RESOLUTION NO. 9699
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND THE GATEWAY CITIES COUNCIL OF
GOVERNMENTS REGARDING THE ADMINISTRATION AND COST
SHARING OF THE COORDINATED MONITORING PLAN FOR THE
LOS ANGELES RIVER AND TRIBUTARIES METALS TMDL
WHEREAS, the Regional Water Quality -Control Board, Los
Angeles Region (the "Regional Board") adopted 'the Los Angeles River and
Tributaries Metals Total Maximum Daily Load ("TMDL") in September of
2005, with the intent of improving water quality in the Los Angeles
River and its tributaries; and
WHEREAS, the TMDL regulates the discharge of runoff from 40
cities, the County of Los Angeles and the California Department of
Transportation (collectively, the "Regulated Entities") requiring a
high degree of organization and cooperation from the local watershed
agencies; and
WHEREAS, the 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, representatives from the Regulated Entities on
various TMDL committees prepared and submitted the draft and final CMP
entitled "Los Angeles River Metals TMDL Coordinated Monitoring Plan"
to the Regional Board and the monitoring is scheduled to begin on
October 11, 2008; and
WHEREAS, the CMP requires administrative services that the
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Regulated Entities desire the Gateway Cities Council of Governments
("Gateway") to coordinate the CMP, and Gateway has agreed to provide
administrative services 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 costs incurred by
Gateway in administering a Memorandum of Agreement, based on a cost
allocation formula and estimated monitoring plan costs until
completion of the ambient monitoring period of the CMP, or June 30,
2012, whichever occurs first; and
WHEREAS, the City of Vernon's estimated monitoring cost
allocation for the term of the Memorandum of Agreement is
approximately $13,632.59 and Gateway will annually invoice the City
for its assessment of proportional costs of the CMP; and
WHEREAS, the Director of Community Services & Water has
recommended that a Memorandum of Agreement with Gateway be approved
and executed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Memorandum of Agreement with Gateway, in substantially
the same form as the copy which is attached hereto as Exhibit A and
incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
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1 and on behalf of, the City of Vernon and the City Clerk or Deputy City
2 Clerk is hereby authorized to attest thereto.
3 SECTION 4 The City Council of the City of Vernon hereby
4 directs the City Clerk, or her designee, to send two executed
5 Agreements to
6 Gateway Cities Councilof Governments
Attn.: Richard Powers, Executive Director
7 16401 Paramount Blvd
8 Paramount, CA 90723
9 SECTION 5: The City Council of the City of Vernon hereby
10, authorizes the City Administrator, or his, designee„ to make whatever
11 nonsub'stantive, administrative and/or text changes, upon advice of
12 counsel, to the Agreement
13 SECTION 6 The City Council of the City of Vernon hereby
14 authorizes the City Administrator, or his designee,, to take any action
15 deemed necessary to carry out or to perform such other acts and deeds
16 as may be necessary or convenient to effect the purposes of this
17 Resolution and the transactions herein authorized.'
18 SECTION 7: The City Clerk of the City of Vernon 'shall
19 certify to the passage of this resolution, and thereupon and
20 thereafter the same shall be in full force and effect.
21 APPROVED AND ADOPTED this 18th day of August, 2008.
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STATE OF CALIFORNIA
2
ss
,COUNTY OF LOS ANGELES
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1, MANUELA GIRON, City
Clerk
of the City of
Vernon,
do
hereby
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certify that the foregoing
Resolution,
being Resolution
No.
9699, was
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,duly adopted by the City Council
of the City of Vernon at a
regular
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meeting of the City Council
duly
held on Monday,
August
18,
2008, and
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thereafter was duly signed
by the
Mayor or Mayor
Pro-Tem of
the City of
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Vernon.
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'7RON/
MANUELA
GI
City
Clerk
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(SEAL)
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EXHIBIT A
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF VERNON
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
Vernon, 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, SCAG, 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
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
OA
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 Vernon
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 Angeles. 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 a,thq://www.dir.ca.gov/DLS for Los Angeles -Riverside -
Orange County Region for the month of June.
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 costs 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
Vernon 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 Vernon 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 Vernon:
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
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) BindingEffect. 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.
I) 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.
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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on their behalf, respectively, as follows:
DATE:
ATTEST:
Manuel@ Giron, City Clerk
APPROVED AS TO FORM:
Jeff A. Harrison, City Attorney
DATE:
ATTEST:
Richard Powers, Secretary
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CITY OF VERNON
Name:
Title: Mayor / Mayor Pro-Tem
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
Larry R. Nelson, President
U-j
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 sq miles
Distribution
Base
Rate $
Allocation
on Sq Miles ($1
Total
R_ate $
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
5001
316.01
816.01
Bradbury
1.4
0.002258101
500
178.39
678.39
Burbank
17.35
0.027984322
5001
2,210.76
2,710.76
Caltrans
11.24
0.018129325
5001
1,432.22
1,932.22
Calabasas
5,58
0.009000145
5001
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
1 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
5001
1,092.00
1,592.00
Long 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
5001
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
Sierra Madre
2.99
0.004822658
500
380.99
880.99
Signal Hill 1
1.131
0.00182261
500
143.99
643.99
11
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
1 10,271.44
10,771.44
619.99
11
21,0001
79,000
1100,000
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
in 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
EXHIBIT B
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EXHIBIT C
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: September 24, 2008
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9699 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of a Memorandum of Agreement By and Between
the City of Vernon and the Gateway Cities Council of
Governments Regarding the Administration and Cost
Sharing of the Coordinated Monitoring Plan for the Los
Angeles River and Tributaries Metals TMDL
Transmitted herewith is a copy of Resolution No. 9699, referenced
above, which was approved by City Council on August 18, 2008,
along with a copy of the fully executed agreement.
Thank you.
NG:dr
c: Resolution No. 9699
Agreement 08-080
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF VERNON
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
Vernon, a California municipal corporation ("City"); (hereinafter "Party" or "Parties")
with respect to the following:
RF,MAT S,
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
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
OA
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.
3
Section 7. Assessment for Proportional Costs of the CMP. The City of Vernon
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 Angeles. 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
L
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) annuallyl.
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 Pam — 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.
9
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 costs 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
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
Vernon 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 Vernon 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 Vernon:
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
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) BindingE. 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: WSY09
ATTEST:
i
6
Manuela Giron, City derk
APPROV , AS TO FORM:
Jqy H i on, City Attorney
DATE: - /C, o d'
ATTEST:
Richard Powers, Secretary
10
CITY OF VERNON
Hilario Gonzales
Name: ,a �--
Title: Abojw / Mayor Pro-Tem
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
k�y�-
ANNE M. BAYER, PRESIDENT
EXHIBIT A
EXHIBIT A
LOS ANGELES RIVER METALS TMDL
COORDINATED MONITORING PLAN
COST ALLOCATION FORMULA
(showing cost allocation for every $100,000 in costs)
Name
Area in sq miles
Distribution
Base
Rate ($)
Allocation
on Sq 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
21210.76
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 e
8.57
0.013822804
500
1,092.00
1,592.00
Long 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
Ma wood
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
Sierra Madre
2.99
0.004822658
500
380.99
880.99
Signal Hill
1.131
0.00182261
500
143.99
643.99
11
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
1 647.30
1 1,147.30
Unincorporated LA County Areas
80.61
0.130018226
500
1 10,271.44
1 10,771.44
619.99
1
21,0001
79,000
1 100,000
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
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EXHIBIT C
(4( M
�I.-
GATEWAY CITIES
COUNCIL OF GOVERNMENTS
DOCUMENT TRANSMITTAL
DATE: September 12, 2008
TO: Ms. Nelly Giron, City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
SUBJECT: Signed TMDL Agreement
Enclosed is one original signed copy of the TMDL agreement for your files.
Please contact me at (562) 663-6850, if you should have any questions or concerns.
❑ For your information
❑ Original document requiring your signature
❑ Per your request
2r" Fully executed contract for your files
❑ Please review and call
❑ Draft document for your comment
❑ Please sign and return one copy for our records
❑ Information for your review and signature
Please do not hesitate to contact me should you have any questions or concerns, 562-
663-6850.
By:
Gen y Cisneros
Executive Assistant
Enclosures
SI
F y
tw
.gym ..
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
CI