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Resolution No. 2010-188RESOLUTION NO. 2010-188 '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 TO CONDUCT SCIENTIFIC STUDIES TO DEVELOP SITE SPECIFIC OBJECTIVES IN RESPONSE TO THE LOS ANGELES RIVER AND TRIBUTARIES METALS TMDL WHEREAS, in September 2007, the Regional Water Quality Control Board, Los Angeles Region (the "Regional Board") adopted the Los Angeles,and Tributaries Metals Total Maximum Daily Load ("TMDL"), 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 Gateway Cities Council of Governments ("Gateway") has prepared a Memorandum of.Agreement (the "Agreement") for the administration and cost sharing to conduct scientific studies to develop a Basin Plan Amendment with site specific objectives based on the belief that the proposed studies will demonstrate scientifically that copper and lead in the Los Angeles River are less toxic then was anticipated by the Regional Board when the TMDL was originally adopted; and WHEREAS, the Regulated Entities have agreed to share in fully funding the proposed Los Angeles River Metals TMDL Site Specific Objectives studies, including those costs incurred by Gateway in administering a Memorandum of'Agreement, based on a cost allocation; and WHEREAS, the City of Vernon's estimated monitoring cost allocation for the term of the Memorandum of Agreement is approximately $25,461.00 and Gateway will annually invoice the City for its assessment of proportional costs of the TMDL SSO; 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 the Gateway Cities Council of Governments regarding the administration and cost sharing to conduct scientific studies to develop site specific objectives in response to the Los Angeles River and Tributaries Metals TMDL in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Administrator, or his designee, is hereby authorized to make whatever nonsubstantive changes, upon advice - 2 - of counsel, to the Agreement and the City Administrator, or his designee, upon advice of counsel, is authorized to execute any and all related documents that become necessary to implement and carry out the purpose of this resolution. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send two executed Agreements to Gateway. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this Resolution, and the City Clerk of the City of Vernon shall cause this Resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 20thday of December, 2010. Wi Name: Hilario Gonzales Title: Mayor /!j oz row _3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the'City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-188, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, December 20, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this y� day of December, 2010, at Vernon, California. Aillard a agu h City Clerk (SEAL) 4- *461 i-t MEMORANDUM OF AGREEMENT BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS .AND THE CITY OF VERNON REGARDING THE ADMINISTRATION AND COST SHARING TO UNDERTAKE SCIENTIFIC STUDIES TO DEVELOP SITE SPECIFIC OBJECTIVES (SSO) APPLICABLE TO 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 (hereinafter"Party" or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the GCCOG includes environmental planning and providing technically sound 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 previously entered into interagency agreements, with these and other cities, the California Department of Transportation ("Caltrans") and the County of Los Angeles to undertake projects and studies of regional significance, including' the Los Angeles River and Tributaries Metals Total Maximum Daily Load ("Los Angeles River Metals TMDL or "TMDL") Coordinated Monitoring Plan; and WHEREAS, the Regional Water Quality Control Board, Los Angeles Region ("Regional Board") adopted the TMDL in September of 2007, 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, but could become enforceable by incorporation into National Pollutant Discharge Elimination System (NPDES) Permits such as those regulating Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, and the incorporated cities therein; and WHEREAS, this TMDL constrains runoff discharges from construction sites; industrial facilities, forty Cities, Caltrans, the County of Los Angeles, and other permittees, requiring cooperation among the Participating Agencies, as set forth in Exhibit "C" hereto; 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 representatives of the Participating Agencies; and WHEREAS, a TMDL Technical Committee, consisting of representatives from the Participating Agencies, has been established'to understand the TMDL requirements and plan potential compliance and implementation strategies; and WHEREAS, a TMDL Steering Committee, consisting of representatives from the Participating Agencies, has been established to provide administrative oversight regarding implementation of the TMDL; and WHEREAS, the Los Angeles Rivers Metals TMDL allows and encourages Participating Agencies to undertake technical or scientific studies to improve understanding of the complex interactions of river constituents within the context of both the urban and natural watershed environments; and WHEREAS, the City of Los Angeles oversaw completion of a Preliminary Water -Effects Ratio,(WER) study and supported development of the TMDL SSO work plan dated May 20, 2009 by Larry Walker Associates (LWA), which was reviewed by Participating Agency and Regional Board representatives; and WHEREAS, the LWA work plan proposes to undertake Copper Water Effects Ratio and Lead Recalculation studies, that should provide data to support development of a Basin Plan Amendment with Site Specific Objectives; and WHEREAS, the Participating Agencies met on February 25, 2010 to Learn about SSO studies and a majority agreed to support the proposed studies; and WHEREAS, the Participating Agencies have cooperated in resolving outstanding questions and developing this Agreement to fund the study; and WHEREAS, undertaking the TMDL SSO studies requires professional administrative and fiduciary services that the Participating Agencies desire the GCCOG to provide, and the GCCOG has agreed to provide such services; and WHEREAS, a work plan for the Copper Water -Effects Ratio and Lead Recalculation studies, which are the services to be provided by Larry Walker Associates, is attached hereto as Exhibit "A", and Project Management related to these studies, which will be provided by Flow, Sciences, Inc., is attached hereto as Exhibit "B"; and WHEREAS, the Participating Agencies have agreed to share in fully funding the proposed Los Angeles River Metals TMDL Site Specific Objectives studies, including those costs incurred by the GCCOG in administering this Agreement, based on the 3 year cost allocations contained in Exhibit "D"; and 2. WHEREAS, the GCCOG will endeavor to execute materially and .substantially similar cost sharing agreements with all of the Participating Agencies, identified in Exhibit "C" attached hereto, 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 implementation of the proposed TMDL Site Specific Objectives Studies. Section 3. Cooperation. The Parties shall fully cooperate with one another to attain the purposes of this Agreement. Section 4. Voluntary Nature The Parties voluntarily enter into this Agreement to support the TMDL Site Specific Objectives studies. Section 5. Term. This Agreement shall remain and continue in effect until completion of the TMDL SSO studies and proposed Basin Plan Amendment. Section 6. Technical Scope of Services The technical scope of services for the TMDL Site Specific Objectives studies is set forth in Exhibit "A" hereto and incorporated into this Agreement by this reference. Section 7. Proiect Management Services The project management services for the TMDL Site Specific Objectives studies is set forth in Exhibit "B" hereto and incorporated into this Agreement by this reference. Section 3. Role of the GCCOG a) For an estimated sum of $10,000 per fiscal year for four fiscal years, the GCCOG shall provide administrative and fiduciary services related to implementation of the Los Angeles River Metals TMDL SSO studies. The GCCOG service costs shall include compensation for staff time, audit expenses, and costs incurred in administrating agreements. b) The GCCOG shall enter into substantially and materially similar agreements with each of the Participating Agencies to effectuate the purposes of the Agreement. c) To effectuate the Agreement, based on the services and costs identified in Exhibits "A" and "B", the GCCOG shall invoice and collect 3 payment from the Participating Agencies, based on the SSO studies cost allocation estimates as set forth in Exhibit "D." Any overpayment or underpayment shall be credited or billed -to the next year's invoice or, if it occurs during the last year, it shall be reimbursed at Agreement termination. d) Following the directions of the Los Angeles River Metals TMDL Steering Committee, the GCCOG shall contract with LWA and Flow Science Inc. to prepare the TMDL SSO studies, and then reimburse the Consultants for their completed services as described in this Agreement. The contracts shall substantially and materially conform to the services set forth in Exhibit "A" and "B to this Agreement. Section 9. Assessment of Proportional SSO studies Costs The City of Vernon agrees to provide funds to the GCCOG, to effectuate the TMDL SSO studies, based on the Fiscal Year Invoice Amounts in Exhibit "D". Section 10. Invoicing and Payment. a) Invoicing — In order to begin the SSO studies during the 2010 rain year, the GCCOG shall invoice the Participating Agencies for the Fiscal Year 2010-1 Invoice Amounts shown in Exhibit "D" immediately following execution of this Agreement. From thereon, invoicing will be done in July of each Fiscal Year. Participating Agencies shall pay the GCCOG within sixty (60).days of the invoice date, which is the payment due date. b) Late Payment Penalty Any payment that is late shall be subject to interest from the payment due date. The interest rate shall be equal to the Prime Rate in effect on the payment due date, plus one percent, for any payment that is made from 1 to 30 days after the due date. The Prime Rate in effect on the payment due date, plus five (5) percent, shall apply for any payment made from 31 to 60 days after the due date. The Prime Rate in effect on the payment due date, plus ten (I O)r percent, shall apply for any payment made more than 60 days after the due date. The rates shall, nevertheless, not exceed the maximum allowed by law. c) Delinquent Payments — The payment from a Participating Agency is considered to be delinquent 180 days after being invoiced by the GCCOG. The following actions may be implemented to attain delinquent payments from any Participating` Agencies per instruction by the Steering Committee: 1) verbally contact/meet with the manager from the Participating Agencies, 2) send a letter of delinquency to the Participating Agencies from the GCCOG attorney, and 3) formally notify the Regional Board in writing that the agencies are no longer Participating Agencies. In any remaining fiscal periods, the Steering 'Committee would revise Exhibits, "C and "D" to exclude any such agencies and distribute the 0 delinquent amounts amongst the remaining Participating Agencies based on the existing cost allocation formula. The Steering Committee shall provide any revised exhibits to the GCCOG and Participating Agencies. d) Interest Accrual.— Any investment or late payment interest accrued on funds collected during the term of, and per, this Agreement shall be re- deposited' into the Agreement account and used for its implementation. The GCCOG shall annually report to the Steering Committee regarding interest and late payment penalties accrued by the Agreement account(s). e) Study Payments Each month, the Consultants may submit invoices to the Technical Committee for consideration, which may then recommend the invoice to the Steering Committee for approval and payment by the GCCOG. The GCCOG shall reimburse the Consultants for their services in accordance with Exhibits "A" and "B" within ninety (90) days of receipt of the invoice from the Consultants. The GCCOG shall not be obligated to remit to the Consultants more than the amount it has collected from Participating Agencies pursuant to this Agreement, less its administrative costs. in the event that funds received by the GCCOG are insufficient to cover the invoiced costs within 90 days of invoice receipt, but are subsequently received, those subsequent amounts shall be paid to the Consultants within 30 days of receipt by the GCCOG. The professional service cost estimates presented in Exhibits "A" and "B" are subject to change pursuant to a* Regional Board requirement or unforeseen challenges in the field. The Technical Committee shall be notified by the Consultants of any substantive changes in the actual cost of the SSO studies, which will be reconciled with the next payment Section 11. 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 Participating Agencies 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 Participating Agencies. 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. 5 Section 12. 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, 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 .13. Agreement Termination 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 study costs incurred up to the date -of the termination. The GCCOG shall notify in writing the remaining Participating Agencies within fourteen (14) days of receiving written notice from the City of Vernon that it intends to terminate this Agreement. Section 14. 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: Insert Name Of City Official City Official Insert Street Address of City Official Insert City, State Zip of City Official b) Separate Accounting and Auditing_ The GCCOG agrees to establish a separate account to track the revenues from the Participating Agencies and the expenses from the study. Quarterly financial statements and the annual audit will be made available to all of the Participating Agencies and 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. g) No Presumption in Drafting. The Parties to this Agreement agree that the general rule, that an Agreement is to be interpreted against th.e 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) Beverabil[I. 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) Legal Representation. 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) Agency Authorization. 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. 7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows: DATE: CITY OF VERNON City Official Hilario Gonzales, Mayor ATTEST: City Clerk Willard G. Yamaguchi APPROVED AS TO FORM: Interim City Attorney Willard G. Yamaguchi DATE: ATTEST: - Richard Powers, Secretary �3 GATEWAY CITIES COUNCIL OF GOVERNMENTS Gil Hurtado President EXHIBIT "A" SCOPE OF SERVICES COPPER WATER -EFFECTS RATIO AND LEAD RECALCULATION STUDY LOS ANGELES RIVER METALS TMDL Task 1. Implement Final Work Plan Task 1.1 Finalize sampling schedule and coordinate toxicity and chemistry laboratories as well as sampling sub -consultants to review sample collection and analysis procedures. Task 1.2 Provide support to Metals TMDL Coordinated Monitoring Program (CMP) staff for the collection and analysis of dry weather BML samples in coordination of the CMP events. Conduct analysis of BLM samples collected during wet weather through Task 1.3. This task is optional and if the Steering Committee chooses to implement this aspect of the scope of work, LWA will work with the CMP members to determine if it is feasible given the current CMP work load. Task 1.3 Conduct WER sampling, and coordinate toxicity and chemistry testing by qualified labs. The. cost estimate provided is based on the comments received to date and the current approach to addressing the comments. This approach is still under discussion with the Regional Board and the TAX. The key assumptions made in the cost estimate are provided in the cost estimate section below. Task 1.4 Conduct additional toxicity testing and general chemistry analysis (hardness and Total Suspended Solids) to evaluate potential effects of the 2009 Station Fire on WER testing in the Arroyo Seco and Verdugo Wash Task 1.5 Receive, review and QA/QC WER water quality toxicity testing data. Task 1.6 Conduct a meeting with the Stakeholder Committee, to review the results of sampling data in the midpoint of the sample collection effort. Costs - $969,626.00 Task 2 Develop Final Reports Task 2.1 Develop a Preliminary Draft Lead Recalculation Report and conduct a conference call with Los Angeles River Metals TMDL Technical Committee (TC). The draft report will summarize the date utilized, the analysis conducted, and the results of the recalculation of the lead criteria as outlined in the Final Work Plan. Task 2.2 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss the Preliminary Draft Recalculation Report. E Task 2.3 Revise the Preliminary Draft Lead Recalculation based on comments received by the Regional Board staff, TAC, and a conference call with the TC. Task 2.4 Conduct a meeting with the Stakeholder Committee to review the Draft Recalculation Report. Task 2.5 Finalize the Lead Recalculation based on comments received by the Stakeholder Committee and conduct a conference call with TC. Task 2.6 Develop a WER Calculation Memorandum presenting the WER data for each sample and propose final WER calculation methods. The final WER calculation method details how each WER sample will be determining the final WER. The memorandum is used as the basis for the approach to calculating the final WERs. Conduct conference call with the TC. Task 2.7 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss the WER Calculation Memorandum. Task 2.8 Develop a; Preliminary Draft WER Report that summarizes the sampling activities, details the analysis conducted per the Work Plan, provides the information required by the Interim Guidance, and presents the resulting final WERs as outlined in the Work Plan. This report is intended to embody the technical requirements of developing a SSO based on the Interim Guidance. Conduct a conference call with TC. Task 2.9 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss the Preliminary Draft WER Report. Task 2.10 Revise the Preliminary Draft WER Report and conduct a conference call with TC. Task 2.11 Conduct a meeting with the Stakeholder Committee to review the Draft WER Report. Task 2.12 Finalize the Draft WER Report based on comments received by the Stakeholder Committee and conduct a conference call with the TC. Task 2.13 Conduct a meeting (in person or via conference call) with the TC designee, Regional Board, and TAC (via conference call) to finalize the WER report. Task 2.14 Develop Implementation Report that summarizes additional analysis conducted to support the implementation of the SSO's as outlined in the Final Work Plan. This report is intended to embody the policy based requirements of implementing SSOs based on the results of conducting a_WER Study and Lead Recalculation. Conduct a conference call with TC. Task 2.15 Conduct a meeting with the Stakeholder Committee to review the Draft Implementation Report. Task 2.16 Finalize the Draft Implementation Report based on comments received by the Stakeholder Committee and conduct a conference call with the TC. 10 Task 2.17 Provide support to the Regional Board staff during the State Board peer review process. It is unclear the extent to which the Regional Board would require support, as such a rough estimate is provided. Cost - $391,855.00 Task 3 Develop and Support WER Basin Plan Amendment Task 3.1 Prepare a, Draft Basin Plan Amendment (BPA) and environmental review for Regional Board consideration and comment for appropriately adjusting water quality objectives for metals of concern in the reaches/tributaries of concern. Conduct a conference call with TC. Task 3.2 Revise Draft BPA and submit to Regional Board for 45-day posting. Task 3.3 Develop comments on the tentative BPA, if necessary. Task 3.4 Prepare response to 45-day posting comments, revise Draft BPA, if necessary, and submit to Regional Board for adoption hearing. Task 3.5 Attend Regional Board adoption hearing(s). Task 3.6 Prepare the administrative record for the State Board hearing. Cost $35,804.00 Task 4 Project Management Cost - $21,827 (Estimated $7,300 annually) M00 9t1-1-1-. rM ONMCG M1w OD000ON h W LO M 00 M N 00 r Mom? d9� EA tri er .i� � H 40. is cIc� OirM toMLO 0 0 co a0 N r m ci LO Ln to co r �� � Q CD O ® OD N � 6&� ® t3 �. W)Lo o 4 U)co O Q CD w O O M N to co co I— C3 LCZ co v {-- rl- h Ln O O N V 'a$ 0R - 0A0®Nr6 (n M CO M N M M t9LU '0 UJ 'L 0 0 �E O 0! O ) '0 C Q CL ca i i�O im C C! 0 . ns t9 r 0 t0 ;®C 0) 0) 0! > O G..2- E f1° E O VLn V N Q c Q o ®v:J®_ E as E�� �.IL 0 Z .be N � rN cM14F- .a c O L ` ai O 'O t6 co 0) L J C CO U CO •V w f/J a) V i Qi Q m O U L CD ai O J CD >� > O > U v m J C m r_ ® J ® (D E i— O U (4-16 O ca ?tom a) 0) a E +- O O ® CD (D a �E®rn m�' — N ,_ E a� ® O m co p zg � Co 10 0 L o C J p p to O M M a)4- ('0 N' a, 'U y= O O U O O U O O O IQ (n < � U Q iCr o � � c r ® U) CoCU Q N -0 � U ' J � � r �+ U J f� L U U ® (D (/) U cn E � 0 • N E ^�, C6 Q L i3 0 a) 2 E U O c 4' E C U L O p ® ®Q` :-0 O - - O, co C F- IL CA m J O 7 N EXHIBIT "B" PROJECT MANAGEMENT RELATED TO THE SPECIAL STUDIES LOS ANGELES RIVER WER AND RECALCULATION STUDY Task 1 Review of Draft Documents Based on the draft LWA scope of work for the special studies, a number of documents will require review as follows: ® Sampling schedule and plan ® WER final work plan (after incorporation of Regional Board and TAC edits) . • Lead recalculation report (preliminary draft, revised draft and final report) ® WER calculation memorandum proposing final WER edits ® WER report (preliminary, draft, revised draft and final report) ® Basin Plan Amendment (draft and final) Administrative record (following study completion and adoption of Basin Plan Amendment) Cost — The total budget for document review is estimated at $32,835 (current year dollars) Task 2 Participation in meetings and conference calls A number of conference calls and meetings have been identified in the draft LWA scope of work, as follows: ® Meeting to discuss Regional Board and TAX comments on the draft work plan Midpoint meeting with Stakeholder Committee to review sampling results ® Three (3) conference calls and one (1) meeting related to the lead recalculation report ® Two (2) conference calls related to the WER calculation memorandum ® Four (4) conference calls and two. (2) meetings associated with the WER report ® Two (2) conference calls and three (3) meetings associated with the implementation report ® Two (2) conference calls associated with the Basin Plan Amendment ® One (1) Regional'Board hearing for consideration of the Basin Plan Amendment Cost — The cost estimate for this work is $35,630 (current year dollars) 13 Task 3 Project management and coordination This special study is estimated to involve four (4) hours of project management and coordination with the Steering and Technical Committees per month, and that the total duration will be three years (36) months. Cost - $32,960 (current years dollars) Fiscal Year Budget Estimates (with 5% annual cost escalation) FY2010-2011 - $30,300 FY2011-2012 - $31,900 FY2012-2013 - $44,750 Total $107,000 14 EXHIBIT "C°' PARTICIPATING AGENCIES LOS ANGELES RIVER METALS TMDL SPECIAL STUDIES 1) City of Arcadia 2) City of Bell 3) City of Bell Gardens 4) City of Bradbury 5) City of Burbank 6) Caltrans 7) City of Carson 8) City of Commerce 9) City of Compton 10) City of Downey 11) City of Duarte 12) City of El Monte 13) City of Glendale 14) City of Hidden Hills 15) City of Huntington Park 16) City of Irwindale 17) City of La Canada Flintridge 18) City of Long Beach 191 City of Los Angeles a 15 20) City of Lynwood 21) City of Maywood 22) City of Monrovia 23) City of Montebello 24) City of Monterey Park 25) City of Paramount 26) City of Pasadena 27) City of Pico Rivera 28) City of Rosemead 29) City of San Fernando 30) City of San Gabriel 31) City of San Marino 32) City of Sierra Madre 33) City of Signal Hill 34) City of South El Monte 35) City of South Gate 36) City of South Pasadena 37) City of Vernon 38) LA County Unincorporated F01M'i0rt-0(D OM0Coco Or ON 0mat, h0000t-r0whhrrrNwwOIrre:MrofOIhNOh0000 w0(D N(D of NNWwrOOM W N (O(D A m M Lm 0 N 00100(D O 000 EO.+F+ 0 CO N 0 CO 0 to 0 M M OWO* ti O iq� IMO M N 0 M� jx- rw N 0000 N M Ln M in e I MC4v-N D h tnN aNf, 0NLoNN0CoLirt0<DM�0Moot,��Derrr coM ta. 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OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 22, 2010 Gateway Cities Council of Governments Attn: Richard Powers, Executive Director. 16401 Paramount Blvd. Paramount, CA 90723 Re: Memorandum of Agreement Regarding the Administration and Cost Sharing to Undertake Scientific Studies to Develop Site Specific Objectives Applicable to the Los Angeles River and Tributaries Metals TMDL Dear Mr. Powers: Transmitted herewith are two partially executed ,originals of the above -referenced Memorandum of Agreement approved by City Council'on December 20, 2010, through Resolution No. 2010- 188. Please ensure that a fully executed original agreement is returned to the attention of the undersigned. If you have any questions regarding this matter, please call Mr. Samuel Kevin Wilson, at (323) 583=8811 ext. 245. Very ly yours, WILLARD G. YA A UC City Clerk WGY:dj Enclosures c: S. Kevin Wilson Resolution No. 2010-188 Agreement No. 10-089 E Ccfusivefy Industriaf MEMORANDUM OF AGREEMENT BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF VERNON REGARDING THE ADMINISTRATION AND COST SHARING TO UNDERTAKE SCIENTIFIC STUDIES TO DEVELOP SITE SPECIFIC OBJECTIVES (SSO) APPLICABLE TO 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 (hereinafter "Party" or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the GCCOG includes environmental planning and providing technically sound 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 previously entered into interagency agreements, with these and other cities, the California Department of Transportation ("Caltrans") and the County of Los Angeles to' undertake projects and studies of regional significance, including the Los Angeles River and Tributaries Metals Total Maximum Daily Load ("Los Angeles River Metals TMDL" or "TMDL") Coordinated Monitoring Plan; and WHEREAS, the Regional Water Quality Control Board, Los Angeles Region ("Regional Board") adopted the TMDL in September of 2007, 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,. but could become enforceable by incorporation into National Pollutant Discharge Elimination System (NPDES) Permits such as those regulating Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, and the incorporated cities therein; and WHEREAS, this TMDL constrains runoff discharges from construction sites, industrial facilities, forty Cities, Caltrans, the County of Los Angeles, and other permittees, requiring cooperation among the Participating Agencies, as set forth in Exhibit "C" hereto; 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 representatives of the Participating Agencies; and WHEREAS, a TMDL Technical. Committee, consisting of representatives from the Participating Agencies, has been established to understand the TMDL requirements and plan potential compliance and implementation strategies; and WHEREAS, a TMDL Steering Committee, consisting of representatives from the Participating Agencies, has been established to provide administrative oversight regarding implementation of the TMDL; and WHEREAS, the Los Angeles Rivers Metals TMDL allows and encourages Participating Agencies to undertake technical . or scientific studies to' improve understanding of the complex interactions of river constituents within the context of both the urban and natural watershed environments; and WHEREAS, the City of Los Angeles oversaw completion of a Preliminary Water -Effects Ratio (WER) study and supported development of the TMDL SSO work plan dated May 20, 2009 by Larry Walker Associates (LWA), which was reviewed by Participating Agency and Regional Hoard representatives; and WHEREAS, the LWA work plan proposes to undertake Copper Water Effects Ratio and Lead Recalculation studies, that should provide data to support development of a Basin Plan Amendment with Site Specific Objectives; and WHEREAS, the Participating Agencies feet on February 25, 2010 to learn about SSO studies and a majority agreed to support the proposed studies; and WHEREAS, the Participating Agencies have cooperated in resolving outstanding questions and developing this Agreement to fund the study; and WHEREAS, undertaking the TMDL SSO studies requires professional administrative and fiduciary services that -the Participating Agencies desire the GCCOG to provide, and the GCCOG has agreed to provide such services; and WHEREAS, a work plan for the Copper Water -Effects Ratio and`Lead Recalculation studies, which are the services to be provided by Larry -Walker Associates, is attached hereto as Exhibit "A", and Project Management related to these studies, which will be provided by Flow Sciences, Inc., is attached hereto as Exhibit "B"; and WHEREAS, the Participating Agencies have agreed to share in fully funding the proposed Los Angeles River Metals TMDL Site Specific Objectives studies, including those costs incurred by the GCCOG in administering this Agreement, based on the 3 year cost allocations contained in Exhibit "D"; and 2 WHEREAS, the GCCOG will endeavor to execute materially and .substantially similar cost sharing agreements with all of the Participating Agencies, identified in Exhibit "C attached hereto, 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 implementation of the proposed TMDL Site Specific Objectives Studies. Section 3. Cooperation. The Parties shall fully cooperate with one another to attain the purposes of this Agreement. Section 4. Voluntary Nature. The Parties voluntarily enter into this Agreement to support the TMDL Site Specific Objectives studies. Section 5. Term. This Agreement shall remain and continue in effect until completion of the TMDL SSO studies and proposed Basin Plan Amendment. Section 0. Technical Scope of Services The technical scope of services. for the TMDL Site Specific Objectives studies is set forth in Exhibit "A" hereto and incorporated into this Agreement by this reference. Section 7. Proiect Management Services The project management services for the TMDL Site Specific Objectives studies is set forth in Exhibit "B„ hereto and incorporated into this Agreement by this reference. Section 8. Role of the GCCOG a) For an estimated sum of $10,000 per fiscal year for four fiscal years, the GCCOG shall provide administrative and fiduciary services related to implementation of the Los Angeles River Metals TMDL SSO studies. The GCCOG service costs shall include compensation for staff time, audit expenses, and costs incurred in administrating agreements. b) The GCCOG -shall enter into substantially and materially similar agreements with each of the Participating Agencies to effectuate the -purposes of the Agreement. c) , To effectuate the Agreement, based on the services and costs identified in Exhibits "A" and "B", the GCCOG shall invoice and collect 3 payment from the Participating Agencies, based on the SSO studies cost allocation estimates as set forth in Exhibit "D." Any overpayment or underpayment shall be credited or billed -to the next year's invoice or, if it occurs during the last year, it shall be reimbursed at Agreement termination. d) Following the directions of the Los Angeles River Metals TMDL Steering Committee, the. GCCOG shall contract with LWA and Flow Science Inc. to prepare the TMDL SSO studies, and then reimburse _ the Consultants for their completed services as described in this Agreement. The contracts shall substantially and materially conform to the services set forth in Exhibit "A" and "B to this Agreement. Section 9. Assessment of Proportional SSO studies Costs The City of Vernon agrees to provide funds to the GCCOG, to effectuate the TMDL SSO studies, based on the Fiscal Year Invoice Amounts in Exhibit 'U . Section 10. Invoicing and Pavment. a) Invoicing — In order to begin the SSO studies during the 2010 rain year, the GCCOG shall invoice the Participating Agencies for the Fiscal Year 2010-1 Invoice Amounts shown in Exhibit "D" immediately following execution of this Agreement. From thereon, invoicing will be done in July of each Fiscal Year. Participating Agencies shall pay the GCCOG within sixty (60).days of the invoice date, which is the payment due date. b) Late Payment Penalty _ Any payment that -is late shall be 'subject to interest from the payment due date. The interest rate shall be equal to the Prime Rate in effect on the payment due date, plus one percent, for any payment that is made from 1 to 30 days after the due date. The Prime Rate in effect on the payment due date, plus five (5) percent, shall apply for any payment made from 31 to 60 days after the due date. The Prime Rate in effect on the payment due date, plus ten (10) percent, shall apply for any payment made more than 60 days after the due date. The rates shall, nevertheless, not exceed the maximum allowed by law. c) Delinquent Payments — The payment from a Participating Agency is considered to be delinquent 180 days after being invoiced by the GCCOG. The following actions may be implemented to attain delinquent payments from any Participating Agencies per instruction by the Steering Committee:. 1) ,verbally contact/meet with the manager from the Participating Agencies, 2) send a letter of delinquency to the Participating Agencies from the GCCOG attorney, _and 3) formally notify the Regional Board in writing that the agencies are no longer Participating Agencies. In any remaining fiscal periods, the Steering Committee would revise Exhibits "C" and "D" to exclude any such agencies and distribute the M delinquent amounts amongst the remaining Participating Agencies based on the existing cost allocation formula. The Steering Committee shall provide any revised exhibits to the GCCOG and Participating Agencies. d) Interest Accrual.— Any investment or late payment interest accrued on funds collected during the term of, and per, this Agreement shall be re- deposited into the Agreement account and used for its implementation. The GCCOG shall annually report to the Steering Committee regarding interest and late payment penalties accrued by the Agreement account(s). e) Study Payments — Each month, the Consultants may submit invoices to the Technical Committee for consideration, which may then recommend the invoice to the Steering Committee for approval and payment by the GCCOG. The GCCOG shall reimburse the Consultants for their services in accordance with Exhibits "A" and "S" within ninety (90) days of receipt of the invoice from the Consultants. The GCCOG shall not be obligated to remit to the Consultants more than the amount it has collected from Participating Agencies pursuant to this Agreement, less its administrative costs. In the event that funds received by the GCCOG are insufficient to cover the invoiced costs within 90 days of invoice receipt, but are subsequently received, those subsequent amounts shall be paid to the Consultants within 30 days of receipt by the GCCOG. The professional service cost estimates presented in Exhibits "A" and "S" are subject to change pursuant to a Regional Board requirement or unforeseen challenges in the field. The Technical Committee shall be notified by the Consultants of any substantive changes in the actual cost of the SSO studies, which will be reconciled with the next payment. Section 11. 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 shell at all times be under the GCCOG's exclusive control. The Participating Agencies shall not have control over the conduct of the GC.OG 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 Participating Agencies. 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 12. 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, 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 .13. Agreement Termination 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 study costs incurred up to the date of the termination. The GCCOG shall notify in writing the remaining Participating Agencies within fourteen (14) days of receiving written notice from the City of Vernon that it intends to terminate this Agreement. Section 14. 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: Insert Name of City Official City Official Insert Street Address of City Official Insert C-1-ty, State Zip of City Official b) Separate Accounting and Auditing The GCCOG agrees to establish a separate account to track the revenues from the Participating Agencies and the expenses from the study. Quarterly financial statements and the annual audit -will be made available to all of the Participating Agencies and the Steering and Technical Committees. 0 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. g) No Presumption in ®rafting. 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 r 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) Legal Representation. 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) Agency Authorization. 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. 7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows: DATE: A EST: City Clerk Willard G. Y m guch AOROVEP7AS TO FORM: Interi4CyviA tiorne Willard G. guchi DATE: ATTEST: - Richard Powers, Secretary CITY OF VERNON City Official Hilario Gonzales, Mayor E GATEWAY CITIES COUNCIL OF GOVERNMENTS Gil Hurtado President EXHIBIT A EXHIBIT "A" SCOPE OF SERVICES COPPER WATER -EFFECTS RATIO AND LEAD RECALCULATION STUDY LOS ANGELES RIVER METALS TMDL Task 1 Implement Final Work Plan Task 1.1 Finalize sampling schedule and coordinate toxicity and chemistry laboratories as well as sampling sub -consultants to review sample collection and analysis. procedures. Task 1.2 Provide support to Metals TMDL Coordinated Monitoring Program (CMP) staff for the collection and analysis of dry weather BML samples in coordination of the CMP events. Conduct analysis of BLM samples collected during wet weather through Task 1.3. This task is optional and if the Steering Committee chooses to implement this aspect of the scope of work, LWA will work with the CMP members to determine if it is feasible given the current CMP work load. Task 1.3 Conduct WER sampling, and coordinate toxicity and chemistry testing by qualified labs. The. cost estimate provided is based on the comments received to date and the current approach to addressing the comments. This approach is still under discussion with the Regional Board and the TAX. The key assumptions made in the cost estimate are provided in the cost estimate section below. Task 1.4 Conduct additional toxicity testing and general chemistry analysis (hardness and Total Suspended Solids) to evaluate potential effects of the 2009 Station Fire on WER testing in the Arroyo Seco and Verdugo Wash Task 1.5 Receive, review and QA/QC WER water quality toxicity testing data. Task 1.6 Conduct a meeting with the Stakeholder Committee, toreviewthe results of sampling data in the midpoint of the sample collection effort. Costs e $969,626.00 Task 2.1 Develop a Preliminary Draft Lead Recalculation Report and conduct a conference call with Los Angeles River Metals TMDL Technical Committee (TC). The draft report will summarize the date utilized, the analysis conducted, and the results of the recalculation of the lead criteria as outlined in the Final -Work Plan. Task 2.2 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss the Preliminary Draft Recalculation Report. IJ Task 2.3 Revise the Preliminary Draft Lead Recalculation based on comments received by the Regional Board staff, TAC, and a conference call with the TC. Task 2.4 Conduct a meeting with the Stakeholder Committee to review the Draft Recalculation Report. Task 2.5 ' Finalize the Lead Recalculation based on comments received by the Stakeholder Committee and conduct a conference call with TC. Task 2.6 Develop a WER Calculation Memorandum presenting the WER data for each sample and propose final WER calculation methods. The final WER calculation method details how each WER sample will be determining the final WER. The memorandum is used as the basis for the approach to calculating the final WERs. Conduct conference call with the TC. Task 2.7 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss the WER Calculation Memorandum. Task 2.6 Develop a Preliminary Draft WER Report that summarizes the sampling activities, details the analysis conducted per the Work Plan, provides the information required by the Interim Guidance, and presents the resulting final WERs as outlined in the Work Plan. This report is intended to embody the technical requirements of developing a SSO based on the Interim Guidance. Conduct a conference call with TC. Task 2.9 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss the Preliminary Draft WER Report. Task 2.10 Revise the Preliminary Draft WER Report and conduct a conference call with TC. Task 2.11 Conduct a meeting with the Stakeholder Committee to review the Draft WER Report. Task 2.12 Finalize the Draft WER Report based on comments received by the Stakeholder Committee and conduct a conference call with the TC. Task 2.13 Conduct a meeting (in person or via conference call) with the TC designee, Regional Board, and TAC (via conference call) to finalize the WER report. Task 2.14 Develop Implementation Report that summarizes additional analysis conducted to support the implementation of the SSO's as outlined in the Final Work Plan. This report is intended to embody the policy based requirements of implementing SSOs based on the results of conducting a WER Study and Lead Recalculation. Conduct a conference call with TC. Task 2.15 Conduct a meeting with the Stakeholder Committee to review the Draft Implementation Report. Task 2.16 Finalize the Draft Implementation Report based on comments received by -the Stakeholder Committee and conduct a conference call with the TC. 10 Task 2.17 Provide support to the Regional Board staff during the State Board peer review process. It is unclear the extent to which the Regional Board would require support, as such a rough estimate is provided. Cost - $391,855.00 Task 3 Develop and Support WER Basin Plan Amendment Task 3.1 Prepare a Draft Basin Plan Amendment (BPA) and environmental review for Regional Board consideration and comment for appropriately adjusting water quality objectives for metals of concern in the reaches/tributaries of concern. Conduct a conference call with TC. Task 3.2 Revise Draft BPA and submit to Regional Board for 45-day posting. Task 3.3 Develop comments on the tentative BPA, if necessary. Task 3.4 Prepare response to 45-day posting comments, revise Draft BPA, if necessary, and submit to Regional Board for adoption hearing. Task 3.5 Attend Regional Board adoption hearing(s). Task 3.6 Prepare the administrative record for the State Board hearing. Cost - $35,804.00 Task 4 Project Management Cost- $21,827 (Estimated $7,300 annually) M00 Nt1+h le T M O N CO) to M 1 - 00 00 00 N 1�- to LO T r O) M 00 Cl) N 00 T w m co d3 M• .M Re O 619- 69 V- T 0v-00) tMORe :w to O CO 00 •� yN NN 0 0 G G m 'o 0) LO to co tC LO N N C4 E!3 tl9 W- O O O O t 3 ® ® C � �w�N O f 69. to,* ®0 ®OCD •� � N C q � CD 0 0 w ® O cl w co w C� 4A. to), to cc toO ONd'IRT 0 qr 00 00 ot N T'. L T mm U)M00 CO) NMM 40 t w � ® � lid t 06 O CL . _ cl ® t m ba a ® •� m a, -E FL ELE� > O E®0 in ® E E�� O z �- cv M - b O z t✓ E-1 2 Cw G CD 2 ca U O 0 U) Q O ca ®1 51 O 2 ® ff) 0) ®_ CV O LO � CCS 1� � sa U) u a0 W Cy a U) Q > U u L) C J 0 0 a I C: ® M Ca 2E N ca FU (D a� CU c� ® ® CZ � > FLU) `C7 c to O U U1 Ca O Oo O 0 m O � E E N >_ E co O W U (�cn el � O 03 O U � Cf� C N U) C _0 %+ =3 O O O U c 0 CD :3 � v o 0 - cn ca � m ca cv EXHIBIT B EXHIBIT "B" PROJECT MANAGEMENT RELATED TO THE SPECIAL STUDIES LOS ANGELES RIVER WER AND RECALCULATION STUDY Task 1 Review of Draft Documents Based on the draft LWA scope of work for the special studies, a number of documents will require review as follows: ® Sampling schedule and plan ® WER final work plan (after incorporation of Regional Board and TAC edits) ® Lead recalculation report (preliminary draft, revised draft and final report) ® WER calculation memorandum proposing final WER edits ® WER report (preliminary, draft, revised draft and final report) ® Basin Plan Amendment (draft and final) , Administrative record (following study completion and adoption of Basin Plan Amendment) Cost — The total budget for document review is estimated at $32,835 (current year dollars) Task 2 Participation in meetings and conference calls A number of conference calls and meetings have been identified in the draft LWA scope of work, as follows: ® Meeting to discuss Regional Board and TAX comments on the draft work plan Midpoint meeting with Stakeholder Committee to review sampling results Three (3) conference calls and one (1) meeting related to the lead recalculation report Two (2) conference calls related to the WER calculation memorandum ® Four (4) conference calls and two (2) meetings associated with the WER report ® Two (2) conference calls and three(3) meetings associated with the implementation report ® Two (2) conference calls associated with the Basin Plan Amendment ® One (1) Regional Board hearing for consideration of the Basin Plan Amendment Cost — The cost estimate for this work is $35,630 (current year dollars) 13 Task 3 Project management and coordination This special study is estimated to involve four (4) hours of project management and coordination with the Steering and Technical Committees per month, and that the total duration will be three years (36) months. Cost - $32,960 (current years dollars) Fiscal Year Budget Estimates (with 5% annual cost escalation) FY2010-2011 - $30,300 FY2011-2012 - $31,900 FY2012-2013 - $44,750 Total $107,000 14 EXHIBIT C , EXHIBIT «C„ PARTICIPATING AGENCIES LOS ANGELES RIVER METALS TMDL SPECIAL STUDIES 1) City of Arcadia 2) City of Bell 3) City of Bell Gardens 4) City of Bradbury 5) City of Burbank 6) Caltrans 7) City of Carson 3) City of Commerce 9) City of Compton 10) City of Downey 11) City of Duarte 12) City of El Monte 13) City of Glendale 14) City of Hidden Hills 15) City of Huntington Park 16) City of Irwindale 17) City of La Canada Flintridge 13) City of Long Beach 19) C 6y of Los Angeles 15 20) City of Lynwood 21) City of Maywood 22) City of Monrovia 23) City of Montebello 24) City of Monterey Park 25) City of Paramount 26) City of Pasadena 27) City of Pico Rivera 23) City of Rosemead 29) City of San Fernando 30) City of San Gabriel 31) City of San Marino 32) City of Sierra Madre 33) City of Signal Hill 34) City of South -El Monte 35) City of South Gate 36) City of South Pasadena 37) City of Vernon 3a?) 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V): 69 69 V� (- mm OD It mrn O md'mOrnO mm d'NN(0N (OmrnNhNhapN It)od 001.mh NNml� O n mt0 0- 0 N m 0 0 m t- 0 o 0OhmOD a o a o INN 0 0 O 7 U -(0N 3Qa i yNx N Nt` (D 'ct V O(00DN0 O N �NhOD m O [? rn.-Omrmm�mC\j mt` t0 O (O m N O t` d' m N m mp0 m N c} Nh O aD 00 g N m m Oh m (O d'(00 0000 c} m mNOl�tOV m O (O O 000 N M M M NN EO N O W N h(O OO m '�tNl�moD m(Om O Olt � O 0' O c m sad a3 OX(: r r 0 0 o N r 0 0 .- O Co D mt��(OmNh(D m CO m(D(D'I mNLO(D o70 0 3 r i- O O O .- V O O r N 0 0 �- '- O m O O O O O O O ' (O y i l=�rnh m V ONN 00 V V �mN (D h V of OD mOD (00(0 m Lq 0 N m -(fl r(0 (o m (V tl- N rn D m m I- CO000(DV CO V m C of V . mm(Dm 0 CD V h N N�-r V N V.-t�COrOd; M 0 m M N m 'd00(D M m(D rn jq 0 r` O tl O� S V N M N-NVn0 A wr @ 1 � N f O C ' d r @ O rn S O O O c U) C @ 0. C _ LL _ to @ O "O N @ C N 'O C ..0 S O< C a V) O L N O N N N I (U @ L U N N 0) .O O@@ O 0. _ @ C O C -Q C N C A O -0 C@ O __ _@ N@ N .... U C t O o o p 4 E o C7 @ m� C o f .0 @ N c C (O o a C O@ a C o@ m C O o O> o .Q N u� @ O N E o0 E N@@= W (� 0. O c C ao @@@ 0 0 0 0 7 N V .0 U C W C@ fA ti! C C C@ C C 7 7 E E U @. .� C .QQmm000]UUUUUU�OWU=S JJJJ����o 0 0 0 0 0 �(o(n(ocococoU)(nI�jJHm; 69 (Z/��V ��i.4, GATEWAY CITIES COUNCIL OF GOVERNMENTS DOCUMENT TRANSMITTAL DATE: January 6, 2011 TO: Mr. Willard G. Yamaguchi, City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 SUBJECT: Signed TMDL Agreement Enclosed is one completely signed agreement for your files. RECEIVED JAN 10 2011 CITY CLERK'S OFFICE 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 ❑ 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 � k),L� �- 1111Atw Genny Cisner s Executive Assistant Enclosure MEMORANDUM OF AGREEMENT BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF VERNON REGARDING THE ADMINISTRATION AND COST SHARING TO UNDERTAKE SCIENTIFIC STUDIES TO DEVELOP SITE SPECIFIC OBJECTIVES (SSO) APPLICABLE TO 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 (hereinafter "Party" or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the GCCOG includes environmental planning and providing technically sound 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 previously entered into interagency agreements, with these and other cities, the California Department of Transportation ("Caltrans") and the County of Los Angeles to undertake projects and steadies of regional significance, including the Los Angeles River and Tributaries Metals Total Maximum Daily Load ("Los Angeles River Metals TMDL" or "TMDL") Coordinated Monitoring Plan; and WHEREAS, the Regional Water Quality Control Board, Los Angeles Region ('Regional Board") adopted the TMDL in September of 2007, 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, but could become enforceable by incorporation into National Pollutant Discharge Elimination System (NPDES) Permits such as those regulating Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, and the incorporated cities therein; and WHEREAS, this TMDL constrains runoff discharges from construction sites, industrial facilities, forty Cities, Caltrans, the County of Los Angeles, and other permittees, requiring cooperation among the Participating Agencies, as set forth in Exhibit "C" hereto; 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 representatives of the Participating Agencies; and WHEREAS, a TMDL Technical Committee, consisting of representatives from the Participating Agencies, has been established to understand the TMDL requirements and plan potential compliance and implementation strategies; and WHEREAS, a TMDL Steering Committee, consisting of representatives from the Participating Agencies, has been established to provide administrative oversight regarding implementation of the TMDL; and WHEREAS, the Los Angeles Rivers Metals TMDL allows and encourages Participating Agencies to undertake technical or scientific studies to improve understanding of the complex interactions of river constituents within the context of both the urban and natural watershed environments; and WHEREAS, the City of Los Angeles oversaw completion of a Preliminary Water -Effects Ratio (WER) study and supported development of the TMDL SSO work plan dated May 20, 2009 by Larry Walker Associates (LWA), which was reviewed by Participating Agency and Regional Board representatives; and WHEREAS, the LWA work plan proposes to undertake Copper Water Effects Ratio and Lead Recalculation studies, that should provide data to support development of a Basin Plan Amendment with Site Specific Objectives; and WHEREAS, the Participating Agencies met on February 25, 2010 to learn about SSO studies and a majority agreed to support the proposed studies; and WHEREAS, the Participating Agencies have cooperated in resolving outstanding questions and developing this Agreement to fund the study; and WHEREAS, undertaking the TMDL SSO studies requires professional administrative and fiduciary services that the Participating Agencies desire the GCCOG to provide, and the GCCOG has agreed to provide such services; and WHEREAS, a work plan for the Copper Water -Effects Ratio and Lead Recalculation studies, which are the services to be provided by Larry Walker Associates, is attached hereto as Exhibit "A", and Project Management related to these studies, which will be provided by Flow Sciences, Inc., is attached hereto as Exhibit "B"; and WHEREAS, the Participating Agencies have agreed to share in fully funding the proposed Los Angeles River Metals TMDL Site Specific Objectives studies, including those costs incurred by the GCCOG in administering this Agreement, based on the 3 year cost allocations contained in Exhibit "D"; and 2 WHEREAS, the GCCOG will endeavor to execute materially and .substantially similar cost sharing agreements with all of the Participating Agencies, identified in Exhibit "C" attached hereto, 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 implementation of the proposed TMDL Site Specific Objectives Studies. Section 3. Cooperation. The Parties shall fully cooperate with one another to attain the purposes of this Agreement. Section 4. Voluntary Nature. The Parties voluntarily enter into this Agreement to support the TMDL Site Specific Objectives studies. Section'5. Term. This Agreement shall remain and continue in effect until completion of the TMDL SSO studies and proposed Basin Plan Amendment. Section 6. Technical Scope of Services The technical scope of services for the TMDL Site Specific Objectives studies is set forth in Exhibit "A" hereto and incorporated into this Agreement by this reference. Section 7. Project Management Services The project management services for the TMDL Site Specific Objectives studies is set forth in Exhibit "B" hereto and incorporated into this Agreement by this reference. Section S. Role of the GCCOG a) For an estimated sum of $10,000 -per fiscal year for four fiscal years, the GCCOG shall provide administrative and fiduciary services related to implementation of the Los Angeles River Metals TMDL SSO studies. The GCCOG service costs shall include compensation for staff time, audit expenses, and costs incurred in administrating agreements. b) The GCCOG shall enter into substantially and materially similar agreements with each of the Participating Agencies to effectuate the purposes of the Agreement. c) To effectuate the Agreement, based on the services and costs identified in Exhibits "A" and "B", the GCCOG shall invoice and collect payment from the Participating Agencies, based on the SSO studies cost allocation estimates as set forth in Exhibit "D." Any overpayment or underpayment shall be credited or billed to the next year's invoice or, if it occurs during the last year, it shall be reimbursed at Agreement termination. d) Following the directions of the Los Angeles River Metals TMDL Steering Committee, the GCCOG shall contract with LWA and Flow Science Inc. to prepare the TMDL SSO studies, and then reimburse the Consultants for their completed services as described in this Agreement. The contracts shall substantially and materially conform to the services set forth in Exhibit "A" and "B" to this Agreement. Section 9. Assessment of Proportional SSO studies Costs The City of Vernon agrees to provide funds to the GCCOG, to effectuate the TMDL SSO studies, based on the Fiscal Year Invoice Amounts in Exhibit "D". Section 10. Invoicing and Payment. a) Invoicing ® In order to begin the SSO studies during the 2010 rain year, the GCCOG shall invoice the Participating Agencies for the Fiscal Year 2010-1 Invoice Amounts shown in Exhibit "D" immediately following execution of this Agreement. From thereon, invoicing will be done in July of each Fiscal Year. Participating Agencies shall pay the GCCOG within sixty (60) days of the invoice date, which is the payment due date. b) Late Payment Penalty _ Any payment that is late shall be subject to interest from the payment due date. The interest rate shall be equal to the Prime Rate in effect on the payment due date, plus one percent, for any payment that is made from 1 to 30 days after the due date. The Prime Rate in effect on the payment due date, plus five (5) percent, shall apply for any payment made from 31 to 60 days after the due date. The Prime Rate in effect on the payment due date, plus ten (10) percent, shall apply for any payment made more than 60 days after the due date. The rates shall, nevertheless, not exceed the maximum allowed bylaw. c) Delinquent Payments — The payment from a Participating Agency is considered to be delinquent 180 days after being invoiced by the GCCOG. The following actions may be implemented to attain delinquent payments _from- _-an_y_P-articipatingAgencies- per- --instructionby-the- -Steering- ------- Committee: 1) verbally contact/meet with the manager from the Participating Agencies, 2) send a -letter of delinquency to the Participating Agencies from the GCCOG attorney, and 3) formally notify the Regional Board in writing that the agencies are no longer Participating Agencies. In any remaining fiscal periods, the Steering Committee would revise Exhibits "C" and "D" to exclude any such agencies and distribute the L, delinquent amounts amongst the remaining Participating Agencies based on the existing cost allocation formula. The Steering Committee shall provide any revised exhibits to the GCCOG and Participating Agencies. d) Interest Accrual — Any investment or late payment interest accrued on funds collected during the term of, and per, this Agreement shall be re- deposited into the Agreement account and used for its implementation. The GCCOG shall annually report to the Steering Committee regarding interest and late payment penalties accrued by the Agreement account(s). e) Study Payments — Each month, the Consultants may submit invoices to the Technical Committee for consideration, which may then recommend the invoice to the Steering Committee for approval and payment by the GCCOG. The GCCOG shall reimburse the Consultants for their services in accordance with Exhibits "A" and "B" within ninety (90) days of receipt of the invoice from the Consultants. The GCCOG shall not be obligated to remit to the Consultants more than the amount it has collected from Participating Agencies pursuant to this Agreement, less its administrative costs. In the event that funds received by the GCCOG are insufficient to cover the invoiced costs within 90 days of invoice receipt, but are subsequently received, those subsequent amounts shall be paid to the Consultants within 30 days of receipt by the GCCOG. The professional service cost estimates presented in Exhibits "A" and "B" are subject to change pursuant to a Regional Board requirement or unforeseen challenges in the field. The Technical Committee shall be notified by the Consultants of any substantive changes in the actual cost of the SSO studies, which will be reconciled with the next payment. Section 11. 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 Participating Agencies 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 Participating Agencies. 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. 5 Section 12. 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, 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 .13. Agreement Termination 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 study costs incurred up to the date -of the termination. The GCCOG shall notify in writing the remaining Participating Agencies within fourteen (14) days of receiving written notice from the City of Vernon that it intends to terminate this Agreement. Section 14. 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: Insert Name_ of City Official City Official Insert Street Address of City Official Insert City, State Zip of City Official b) Separate Accounting and Auditing The GCCOG agrees to establish a separate account to track the revenues from the Participating Agencies and the expenses from the study. Quarterly financial statements and the annual audit will be made available to all of the Participating Agencies and the Steering and Technical Committees. 0 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. g) No Presumption in ®rafting. 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. iP �everabiliN. 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) Legal Representation. 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) Agency Authorization. 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: ®ATE: r1Zd �41/61 CITY OF VERNON City Official Hilario Gonzales, Mayor 0 Willard G. Y n�� Interim City Attorney Willard G. DATE: — -2V/ / ATTEST: Richard Powers, Secretary 8 GATEWAY CITIES COUNCIL OF GOVERNMENTS Gil Hurtado President EXHIBIT "A„ SCOPE OF SERVICES COPPER WATER -EFFECTS RATIO AND LEAD RECALCULATION STUDY LOS ANGELES RIVER METALS TMDL Task 1., Implement Final Work Plan Task 1.1 Finalize sampling schedule and coordinate toxicity and chemistry laboratories as well as sampling sub -consultants to review sample collection and analysis procedures. Task 1.2 Provide support to Metals TMDL Coordinated Monitoring Program (CMP) staff for the collection and analysis of dry weather BML samples in coordination of the CMP events. Conduct analysis of BLM samples collected during wet weather through Task 1.3. This task is optional and if the Steering Committee chooses to implement this aspect of the scope of work, LWA will work with the CMP members to determine if it is feasible given the current CMP work load. Task 1.3 Conduct WER sampling, and coordinate toxicity and chemistry testing by qualified labs The. cost estimate provided is based on the comments received to date and the current approach to addressing the comments. This approach is still under discussion with the Regional Board and the TAX. The key assumptions made in the cost estimate are provided in the cost estimate section below. Task 1.4 Conduct additional toxicity testing and general chemistry analysis (hardness and Total Suspended Solids) to evaluate potential effects of the 2009 Station Fire on WER testing in the Arroyo Seco and Verdugo Wash Task 1.5 Receive, review and QA/OC WER water quality toxicity testing data. - Task 1.6 Conduct a meeting with the Stakeholder Committee, to review the results of sampling data in the midpoint of the sample collection effort. Costs e $969,626.00 Task 2 Develop Final Reports Task 2.1 Develop a Preliminary Draft Lead Recalculation Report and conduct a conference call with Los Angeles River Metals TMDL Technical Committee (TC). The draft report will summarize the date utilized, the analysis conducted, and the results of the recalculation of the lead criteria as outlined in the Final Work Plan. Task 2.2 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss the Preliminary Draft Recalculation Report. a Task 2.3 Revise the Preliminary Draft Lead Recalculation based on comments received by the Regional Board staff, TAC, and a conference call with the TC. Task 2.4 Conduct a meeting with the Stakeholder Committee to review the Draft Recalculation Report. Task 2.5 Finalize the Lead Recalculation based on comments received by the Stakeholder Committee and conduct a conference call with TC. Task 2.6 Develop a WER Calculation Memorandum presenting the WEIR data for each sample and propose final WEIR calculation methods. The final WER calculation method details how each WER sample will be determining the final WER. The memorandum is used as the basis for the approach to calculating the final WERs. Conduct conference call with the TC. Task 2.7 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss theWER Calculation Memorandum. Task 2.8 Develop a Preliminary Draft WER Report that summarizes the sampling activities, details the analysis conducted per the Work Plan, provides the information required by the Interim Guidance, and presents the resulting final WERs as outlined in the Work Plan. This report is intended to embody the technical requirements of developing a SSO based on the Interim Guidance. Conduct a conference call with TC. Task 2.9 Conduct a conference call with TC designee, Regional Board staff and TAC to discuss the Preliminary Draft WER Report. Task 2.10 Revise the Preliminary Draft WER Report and conduct a conference call with TC. Task 2.11 Conduct a meeting with the Stakeholder Committee to review the Draft WER Report. Task 2.12 Finalize the Draft WER Report based on comments received by the Stakeholder Committee and conduct a conference call with the TC. Task 2.13 Conduct a meeting (in person or via conference call) with the TC designee, Regional Board, and TAC (via conference call) to finalize the WER report. Task 2.14 Develop Implementation Report that summarizes additional analysis conducted to support the implementation of the SSO's as outlined in the Final Work Plan. .This report is intended to embody the policy based requirements of implementing SSOs based on the results of conducting a WER Study and Lead Recalculation. Conduct a conference call with TC. Task 2.15 Conduct a meeting with the Stakeholder Committee to review the Draft Implementation Report. Task 2.16 Finalize the Draft Implementation Report based on comments received by the Stakeholder Committee and conduct a conference call with the TC. 10 Task 2.17 Provide support to the Regional Board staff during the State Board peer review process. It is unclear the extent to which the Regional Board would require support, as such .a rough estimate is provided. Cost - $391,855.00 r Task 3.1 Prepare a Draft Basin Plan Amendment (BPA) and environmental review for Regional Board consideration and comment for appropriately adjusting water quality objectives for metals of concern in the reaches/tributaries of concern. Conduct a conference call with TC. Task 3.2 Revise Draft BPA and submit to Regional Board for 45-day posting. Task 3.3 Develop comments on the tentative BPA, if necessary. Task 3.4 Prepare response to 45-day posting comments, revise Draft BPA, if necessary, and submit to Regional Board for adoption hearing. Task 3.5 Attend Regional Board adoption hearing(s). Task 3.6 Prepare the administrative record for the State Board hearing. Cost - $35,804.00 Task 4 Project Management Cost - $21,827 (Estimated $7,300 annually) 11 M IoINIM� M h ac 00 OO N c-, %N w r ® �Vj�w 60. 6 r r- Go CN cc 09 co d' co co M6R. " LO � � ow wCO �co M ann wco �eq Co 0 C5Co �� C)co U69� �� ® u �T- E�� ® C)® w ca Lo® QN14IT ®1w watiN M eq to � U A L IL An 0 ®wo�10CL ® m w ®� r Z c f6 ,� 0 0 > FL EL E� EC,0 `n ��as�� °b ® E EM L z F� N m l C .G c6 O "aa c� CU w cu L J CD N V LU 0 L N m 3 Q O � U a) a) co o w C J CL a o . > j>' C� i (a cri 4-. O vi 0 a)C C w � ea ca ca O 70 (D > C ;) � y _ ®� co E 04 a) ®® w o Co O CU CD co ® 2 W 0 ® ". a% O co M a) > 4- ®� _� M w = a) � 0 V) Co� c CU U) asp, o ® �cu® � ` 0 C) U) E c 0 E v 0 ®� .� O E co coca•(D*- �. � ® c o o E: N (n ®® ® " 4 N O z eu EXHIBIT B EXHIBIT "B" PROJECT MANAGEMENT RELATED TO THE SPECIAL STUDIES LOS ANGELES RIVER WER AND RECALCULATION STUDY Task 1 Review of Draft Documents Based on the draft LWA scope of work for the special studies, a number of documents will require review as follows: ® Sampling schedule and plan ® WER final work plan (after incorporation of Regional Board and TAC edits) . ® Lead recalculation report (preliminary draft, revised draft and final report) ® WER calculation memorandum proposing final WER edits ® WER report (preliminary, draft, revised draft and final report) ® Basin Plan Amendment (draft and final) Administrative record (following study completion and adoption of Basin Plan Amendment) Cost — The total budget for document review, is estimated at $32,335 (current year dollars) Task 2 Participation in meetings and conference calls A number of conference calls and meetings have been identified in the draft LWA scope of work, as follows: Meeting to discuss Regional Board and TAX comments on the draft work plan ® Midpoint meeting with Stakeholder Committee to review sampling results ® Three (3) conference calls and one (1) meeting related to the lead recalculation report Two (2) conference calls related to the WER calculation memorandum • Four (4) conference calls and two (2) meetings associated with the WER report ® Two (2) conference calls and three (3) meetings associated with the implementation report ® Two (2) conference calls associated with the Basin Plan Amendment ® One (1) Regional Board hearing for consideration of the Basin Plan Amendment Cost m The cost estimate for this work is $35,630 (current year dollars) 13 Task 3 Project management and coordination This special study is estimated to involve four (4) hours of project management and coordination with the Steering and Technical Committees per month, and that the total duration will be three years (36) months, Cost - $32,960 (current years dollars) Fiscal Year Budget Estimates (with 5% annual cost escalation) FY2010-2011 - $30,300 FY2011-2012 - $31,900 FY2012-2013 - $44,750 Total $107,000 14 EXHIBIT C EXHIBIT iiC79 PARTICIPATING AGENCIES LOS ANGELES RIVER METAL_ S TM®L SPECIAL STUDIES 1) City of Arcadia 2) City of Bell 3) City of Bell Gardens 4) City of Bradbury 5) City of Burbank 6) Caltrans 7) City of Carson 8) City of Commerce 9) City of Compton 10) City of Downey 11) City of Duarte 12) City of El Monte 13) City of Glendale 14) City of Hidden Hills 15) City of Huntington Park 16) City of Irwindale 17) City of La Canada Flintridge 18) City of Long Beach 19) City of Los Angeles 15 20) City of Lynwood 21) City of Maywood 22) City of Monrovia 23) City of Montebello 24) City of Monterey Park 25) City of Paramount 26) City of Pasadena 27) City of Pico Rivera 28) City of Rosemead 29) City of San Fernando 30) City of San Gabriel 31) City of San Marino 32) City of Sierra Madre 33) City of Signal Hill 34) City of South El Monte 35) City of South Gate 36) City of South Pasadena 37) City of Vernon 38) LA County Unincorporated EXHIBIT D EO M O O (0 O rhomh r O N b W O OOOIDrrfONhhe h O b 1D f0 M b ep 4� N po 0) r 0 M b t0 10 d. 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D- O M RECEIVED x� DEC 0 7 2010 CITY CL 'S OFFICE STAFF REPORT - COMMUNITY SERVICES & WATER DEPARTMEN DATE: November 29, 2010 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson Director of Community Services & Water Approve RE: Request to Prepare a Memorandum of Agreement between the City' of Vernon and Gateway Cities Council of Governments for the Administration and Cost Sharing to Conduct; Scientific Studies to - Develop Site, Specific Obj ectives in Response to the Los Angeles River and Tributaries Metals TMDL The Regional Quality Control Board, Los Angeles Region (Regional- Board) adopted the Los Angeles River and Tributaries Metals Total Maximum Daily Load (TMDL) :in 2007, with; the goal of irriproving water quality in the Los Angeles River and its tributaries. The TMDL is,not `self -enforcing, but could become enforceable by incorporation into the National, Pollutant Discharge Elimination System (NPDES) Permits such as those regulating Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, and incorporated cities. The Gateway Cities Council of Governments (GCCOG) has prepared a Memorandum of Agreement (MOA) between the City of Vernon and the GCCOG for the administration and cost sharing to -conductscientific studies to develop a Basin Plan Amendment (Amendment) with Site Specific Objectives based on the belief that the proposed studies will demonstrate scientifically that copper and lead in the Los Angeles River are less toxic that was anticipated by the Regional Board when the TMDL was originally adopted in 2007. Moreover, on September 14, 2010 a memorandum was sent to the City Attorney to review the proposed MOA. A letter, based on the City Attorney's comments, was sent to Richard Powers, Executive Director of GCCOG, for review. However, theMOAcannot be amended as requested in the subject letter since it is a blanket agreement covering 30 cities. In accordance with the MOA, Larry Walker & Associates (LWA) will perform'a Preliminary Copper Water -Effects Ratio (WER) and Lead Recalculation studies that will quantifiably provide the basisfor the subject Amendment. LWA will prepare a Draft Amendment and environmental review for the Regional Board's consideration and comment for appropriately adjusting water quality objectives for the above -mentioned metals within the reaches and tributaries located in the region of concern. The results' of the WER and Lead Recalculation will more than likely determine that lead and copper levels. are less toxic than originally believed by the Regional Board when the TMDL was adopted; and thereby will benefit regional entities withreduced regulatory costs due to. the potential elimination and/or modification of treatment technologies required to treat the subjectals. Watershed Area Square 1VIile9 Percentage Apportionment 2010/2011 Apportionment 2011/2012 Apportionment 2012/2-013 5.08 0.8193 7 $15,173 00 $9,123.00 'I1,165.00 _ Total $25;461100 _ The subject MQA demonstrates prudent regional collaboration and has the potential to save the. City significant cost. outlays., iojermsi of regulatory compliance costs. It is therefore my recommendation, that the City -Council approve..a Metoraridum of Agreement, between; -,the Gateway Cities' Council of Governments for: the Administration; and ;Cost Sharing to Conduct. Scientific; Studies to Develop Site Specific Objectives in Response ito the. Los Angeles River, an& Tributaries TMDL at the, next meeting. Thank you.. SKW/sr Enclosures COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 October 5, 2010 Richard Powers Executive Director Gateway Cities Council of Governments 16401 Paramount Blvd. Paramount, CA 90723 RE: Gateway Cities Council of Governments Agreement Regarding the Administration and Cost Sharing to Undertake Scientific Studies to Develop Site Specific Objectives Applicable to the Los Angeles River and Tributaries Metals TMDL Dear Mr. Powers: The City of Vernon (City) has reviewed the proposed Agreement with the Gateway Cities Council of Governments regarding the Administration and Cost Sharing to Undertake Scientific Studies to Develop Site Specific Objectives Applicable to the Los Angeles River and Tributaries Metals TMDL. The City's comments are herein reflected below: 1. Section No. 5 of Agreement provides the Term "until completion of TMDL SSO studies and proposed Basin Plan Amendment." It is recommended that this be modified to state that this is the "Tenn" unless the City otherwise terminates its participation in the various studies and proposed Basin Plan Amendment earlier (as provided in a subsequent section of the Agreement). 2. Section 10(e) of Agreement: Although there is a detailed scope of services with precise estimates provided in Exhibit "A", this Section contains some rather open-ended wording about possible upward adjustments of that Budget based upon "additional" requirements of the Regional Water Board or other unexpected items. While the City understands the concept of budget flexibility, it is, recommended that a re -draft be facilitated in order to provide: Excfusively Industrial "That unless expressly approved by the Technical Committee (or some other group within the Gateway Cities organization), the budget is that stated in Exhibit "A„" 3. Section 12: Indemnification: This section should be completely rewritten if it is to be workable and meaningful. The indemnification provision as drafted is very problematic and could result in a "set-off' of indemnity rights that would effectively cancel each party's respective indemnification rights out. The clause basically provides that each party will indemnify the other "to the degree of fault", but then appears to provide for a very cumbersome judicial allocation of fault that could take months, if not years to determine. This is worse than litigating over an insurance contract, where at least you can seek a declaration of the right to a defense early on in the case. Specifically, there is really no "defense" that is provided if each party waits until after a court determines fault and then pays the other party for its "non -fault" share of the incurred item. Furthermore, the current wording seems to suggest that the duty to indemnify is completely offset by the other party's simultaneous duty to indemnify. This section will not work as drafted. 4. Exhibit A: Why is the technical consultant in Task 3.6 charging for the preparation of an administrative record to the State Water Board? Isn't this done by the Regional Board itself, if there is ever the need to make a formal appeal? 5. Exhibit A: The consultant's budget estimate in Task 1.2 includes an `optional item' of support to another group in conducting wet weather analysis for metals. Who decides whether or not to implement this optional item? Shouldn't this be decided before the parties to the subject Agreement pay their share of money for the first year? Please advise if the subject Agreement may be amended to reflect the above -mentioned changes. If you have any additional questions or concerns please contact Scott B. Rigg of my staff at (323) 583-8811 extension 279, or at srigg@ci.vernon.ca.us. SKW/sr Enclosures Sincerely 84rdfiel Kevin Wilson, P.E. Director of Community Services and Water 2 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: January 10, 2011 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk 0 RE: Resolution No. 2010-188 — 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 to Conduct Scientific Studies to Develop Site Specific Objectives in Response to the Los Angeles River and Tributaries Metals TMDL Transmitted herewith is a copy of Resolution No. 2010-188, referenced above, which was approved by City Council on December 20, 2010, along with a copy of the fully executed agreement. Thank you. WY:dj Attachment Resolution No. 2010-188 Agreement 10-089