Resolution No. 2012-163RESOLUTION NO. 2012-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NUMBER ONE TO THE MEMORANDUM OF
AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE
GATEWAY CITIES COUNCIL OF GOVERNMENTS REGARDING THE
ADMINISTRATION AND COST SHARING OF THE COORDINATED
MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
WHEREAS, the Regional Water Quality Control Board, Los
Angeles Region (the "Regional Board") adopted the Los Angeles River and
Tributaries Metals Total Maximum Daily Load ("LAR Metals TMDL") in
September of 2005, with the intent of improving water quality in the
Los Angeles River and its tributaries; and
WHEREAS, the LAR Metals TMDL required Los Angeles River
watershed agencies (40 municipalities, the County of Los Angeles, and
the California Department of Transportation), collectively, the
"Regulated Entities", to develop a Coordinated Monitoring Plan ("CMP")
to assess the amount of metal pollutants in the Los Angeles River and
its tributaries; and
WHEREAS, on August 18, 2008, the City Council of the City of
Vernon adopted Resolution No. 9699 approving a Memorandum of Agreement
(the "Agreement") with the Gateway Cities Council of Governments
("Gateway") regarding the administration and cost sharing of the CMP
for the LAR Metals TMDL until completion of the ambient monitoring
period of the CMP, or June 30, 2012, whichever occurred first; and
WHEREAS, the Regional Board has indicated that the next
municipal separate storm sewer system (MS4) permit will require that
regional monitoring programs such as CMP must continue; and
WHEREAS, the Los Angeles River CMP Technical Committee has
recommended that the current Agreement be extended for a period of one
year; and
WHEREAS, the Director of Community Services & Water has
recommended that an Amendment to the Agreement with Gateway be
approved and executed; and
WHEREAS, the City of Vernon's estimated monitoring cost
allocation for the term of the Amendment is approximately $2,466.70
and Gateway will invoice the City for its assessment of proportional
costs of the CMP.
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 Amendment Number One with Gateway, 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 Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send two
executed Amendments to:
Gateway Cities Council of Governments
Attn.: Richard Powers, Secretary
16401 Paramount Blvd.
Paramount, CA 90723
- 2 -
SECTION 5: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized, including but not limited
to, any nonsubstantive changes to the Agreement attached herein.
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 21't day of August, 2012.
Name: Wil iam J. Davis
AT70ST,kA
`
Willard Yam gu h', ity Clerk
Title: M r'/ Mayor Pro-Tem
- 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. 2012-163, was duly passed, approved and adopted by the City Council.
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, August 21, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this ?I day of August, 2012, at Vernon, California.
(SEAL)
llard G. Yam gu hi, ity Clerk
- 4 -
EXHIBIT A
AMENDMENT NUMBER ONE
TO THE
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF VERNON
REGARDING THE ADMINISTRATION AND COST SHARING OF THE
COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
This Amendment Number One ("Amendment') is made this 21" day of August, 2012 by and
between the Gateway Cities Council of Governments, a California joint powers authority
("GCCOG"), and the City of Vernon, a California municipal corporation ("City") (hereinafter
"Party" or "Parties") with respect to the following:
RECITALS
WHEREAS, the GCCOG and the City entered into a Memorandum of Agreement
regarding the administration and cost sharing of the Coordinated Monitoring Plan for the Los
Angeles River and Tributaries Metals TMDL ("Agreement'); and
WHEREAS, the Agreement will expire on June 30, 2012; and
WHEREAS, the Coordinated Monitoring Plan Technical Committee has recommended
an extension of the Agreement for one year, and
WHEREAS, the Los Angeles River TMDL Steering Committee has also recommended
an extension of the Agreement for one year; and
WHEREAS, Section 15(d) of the Agreement provides that the Agreement may be
amended by an instrument in writing signed by the Parties.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the Parties do hereby agree as follows:
Section 1. The term of the Agreement is hereby extended through June 30, 2013.
Section 2. The scope of work to be performed by the City of Los Angeles pursuant to the
Agreement during the extended term under this Amendment is set forth in the revised Exhibit
"A" attached hereto.
Section 3. The cost allocation for the scope of work in the revised Exhibit A is set forth in
the revised Exhibit `B" attached hereto.
Section 4. Except as modified or changed herein, all other provisions and terms of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed on their behalf, respectively, as follows:
DATE:
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Willard G. Yamaguchi, Chief Deputy City Attorney
DATE:
ATTEST:
Richard Powers, Secretary
yIWd
Mayor/Mayor Pro Tern
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
Gene Daniels, President
EXHIBIT A
Los Angeles River Metals TMDL Coordinated Monitoring Plan
Estimated Annual Cost of Monitoring (FY 2012-2013)
Prepared by City of Los Angeles - Watershed Protection Division
Field Work: TIER -I
No'$akphng
Sitns ,
CQs)per", Ad-
F7otal Cost I
,per M'940"(,
Eventsbr
Year :
AnnUal;cost
DRY weather sample collection (grab).
13
$ 200.00
$ 2,600.00
6
$ 15,600.00
WET weather sample collection (auto)
5
$ .600.00
$ 3,000.00
6
$ 18,000.00
Autosampler & Flow Meter Maintenance
5
--
$ 1,200.00
12
$ 14,400.00
Subtotal $ 48,000.00
Field Work: TIER -II'
Annual Cost
Tier II: Dry Weather Sampling (grab)
1
$ 200.001
$ 200.00
1 6
$ 1,200.00
Tier II: Wet Weather Sampling (grab)
3
$ 600.00
1 $ 1,800.00
1 6
$ 10,800.00
Subtotal
$ 12,000.00
-
Laboratory Analysis
'No. Samples
(per yr) _
CostPer
Sample!.
Annual cost
TIER -I
EPA 200.8: Totol/Dissolved Cu, Pb, Zn, Se, Cd; EPA 200.7: Hardness.
Includes Field Blanks and Field Duplicates (0A/0CJ
132
$ 365.00
$ 48,180.00
TIER -II'
EPA 100.8:Total/Dissolved Cu, Pb, Zn, Se, Cd; EPA 200.7. Hardness
24
$ 365.00
$ 8,760.00
Subtotal
$ 56,940.00
Equipment & Supplies -
Annual Cost
Filtration Supplies (for Dissolved metals)
$
5,460.00
Autosampler & Flow Meter Servicing and/or Replacement Parts
$
10,000.00
ISCO Cellular Modems (new equipment to replace outdated modems; one-time cost)`
$
11,000.00
Miscellaneous Consumables
$
1,500.00
Cellular Service Charges (telemetry system)°
$
2,100.00
Subtotal $ 30,060.00
Program. Management (Data analysis & Management, Reporting, Supervision,: and Coordination)
Annual Cost
TIER4
$
40,000.00
TIER -II -
$
10,000.00
Subtotal
$ 50,000.00
Total Annual Cost' t $ 197,000.00
Footnotes: -
' If Tier -II activation criteria reset at the beginning of the annual reporting cycle, fewer sampling events will be required.
"This amount is to cover costs to repair/replace sensors, pumps, and other accessories in the event that damage occurs.
` Modems currently use analog cell service. Verizon will be dropping this service in the near future; upgraded modems are necessary for
telemetry system to remain operational. -
" If modems are upgraded to the digital platform, the cellular service charges willdecrease to $600/year.
e This cost estimate does NOT include TIER -III source Tracking (per guidance from the Technical Committee).
r The Scope -of -Work for the Coordinated Monitoring Plan may be affected by issuance of the new MS4 Stormwater permit. If this occurs,
this cost estimate will need to be revised.
EXHIBIT B
fxujBfflg
Area in Square
Miles
Distribution
Base Rate
($)
Allocation on
Square Miles ($)
Total Rate
($).
Alhambra _
__ 7.6
0.012258262
1075.00
2,082.07
3,15707
Arcadia _
10.93
0.017629317
1075.00
2,994.34
4,069.34
Bell _
2.74
0.004419426
1075.00
750.64
1,825.64
Bell Gardens _
2.48
6004000665
3075.0
679.41
1,754.41
Bradbury
1.4
0.002258101
1075.00
383.54
1,458.54
Burbank _
17.35
0-02798,W2
1075.00
4,753.14
5,828.14
Caltrans
11.24
0.018129325
1075.00
3,079.27
4,154.27
Calabasas
5.58
0.0090001.45
1,528.67
2,603.67
Carson
0.88
0.001419378
_1075.00
1075.00
241.08
1,316.08
Commerce
6.56
0.010580816
__
1075.00
1,797.15
2,872.15
Compton
8.6
0.013871191
1075.00
2,356.02
Cudahy
1.12
6001806481
306.83
_3,431.02
Downey _
5.66
0.009129180
_1075.00
1075.00
1,550.59
_1,381.83
2,625.59
Duarte _
2.3
0.003709737
1075.00
630.10
1,705.10
El Monte
6.97
0.011242117
1075.00
1,909.47
2,984.47
Glendale,
30.62
0.049387893
1075.00
8,388.53
9;463.53
Hidden Hills -
_ 1.57
0.002532299
1075.00
430.11
1,505.11
Huntington Park
3.03
.0.004887176
1075.00
830.09
1,905.09
Irwindale
1.89
0.003048436
1075.00
517.78
1,592.78
La Canada Flintridge
8.57
0.013822804
1075.00
2,347.80
3,422.80
Long Beach
16.66
0.026871401
1075.00
4,564.11
5,639.11
City of Los Angeles
281.44
0.453942806
1075.00
77,102.19
78,177.19
Lynwood
4.85
0.007822707
1075.00
1,328.69
2,403.69
Maywood
1.18
0A01903257
1075.00
323.27
1,398.27
Monrovia
10.34
0.016677688
1075.00
2,832.71
3,907.71
Montebello
8.36
0.013484088
1075.00
2,290.27
3,365.27
Monterey Park
7.66
0.012355038
1075.00
2,098.50
3,173.50
Paramount
4.34
0.007000113
1075.00
1,188.97
2,263.97
Pasadena
22.7
0.036613494
1075.00
6,218.80
7,293.80
Pico Rivera
3.12
0.005032339
1075.00
854.74
1,929.74
Rosemead
5.14
0.008290456
1075.00
1,408.13
2,483.3.3
San Fernando_
2.41
0.003887159
1075.00
660.23
1,735.23
San Gabriel
4.12
6.006645268
1075.00
1,128.70
2,203.70
San Marino
3.76
0.006064614
1075.00
1,030.07
2,105.07
Sierra Madre
2.99
0.004822658
1075.00
819.13
1,894.13
Signal Hill
1.13
0.001822610
1075.00
309.57
1,384.57
South El Monte
2.09
0.003371022
1075.00
572.57
1,647.57
South Gate
7.48
0.012064711
1075.00
2,049.19
3,124.19
South Pasadena
3.43
0.005532347
1075.00
939.67
2,014.67
Temple City
4.01
0.006467846
1075.00
1,098.56
2,173.56
Vernon
5.08
0.008193681
1075.001
11391.70
2,466.70
Unincorporated LA County Areas
80.61
0.130018226
1075.00
22,083.60
23,158.60
Total
619.99
1
45,150.00
169,850.00
215,000.00
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 22, 2012
Gateway Cities Council of Governments
Attn: Richard Powers, Executive Director
16401 Paramount Blvd.
Paramount, CA 90727
Re: Amendment No. 1 to the Memorandum of Agreement Regarding the Administration and
Cost Sharing of the Coordinated Monitoring Plan for the Los Angeles River and Tributaries
Metals TMDL
Dear Mr. Powers:
Transmitted herewith are two partially executed original amendments to the above -referenced
Memorandum of Agreement approved by City Council on August 21, 2012, through Resolution
No. 2012-163.
Please ensure that a fully executed original amendment is returned to the attention of the
undersigned.
If you have any questions regarding this matter, please call Claudia Arellano at (323) 583-8811
ext. 258.
Very truly yours,
e or h R. Juarez
Records Management Assistant
Enclosures
c: Claudia Arellano
S. Kevin Wilson
Resolution No. 2012-163
Agreement No. 12-087
Er,cfusivefy Industfiaf
AMENDMENT NUMBER ONE
'TO THE
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF VERNON
REGARDING THE ADMINISTRATION AND COST SHARING OF THE
COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
This Amendment Number One ("Amendment") is made this 2151 day of Angus, 2012 by and
between the Gateway Cities Council of Governments, a California joint powers authority
("GCCOG"), and the City of Vernon, a California municipal corporation ("City") (hereinafter
"Party" or 'Parties") with respect to the following:
RECITALS
WHEREAS, the GCCOG and the City entered into a Memorandum of Agreement
regarding the administration and cost sharing of the Coordinated Monitoring Plan for the Los
Angeles River and Tributaries Metals TMDL ("Agreement"); and
WHEREAS, the Agreement will expire on June 30, 2012; and
WHEREAS, the Coordinated Monitoring Plan Technical Committee has recommended
an extension of the Agreement for one year, and
WHEREAS, the Los Angeles River TMDL Steering Committee has also recommended
an extension of the Agreement for one year; and
WHEREAS, Section 15(d) of the Agreement provides that the Agreement may be
amended by an instrument in writing signed by the Parties.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the Parties do hereby agree as follows:
Section 1. The term of the Agreement is hereby extended through June 30, 2013.
Section 2. The scope of work to be performed by the City of Los Angeles pursuant to the
Agreement during the extended term under this Amendment is set forth in the revised Exhibit
"A" attached hereto.
Section 3. The cost allocation for the scope of work in the revised Exhibit A is set forth in
the revised Exhibit `B" attached hereto.
Section 4. Except as modified or changed herein, all other provisions and terms of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed on their behalf, respectively, as follows:
DATE: CITY
I_�1011611011 UE
I
G. Yamd'gpc'hi Chief jiepijfy(City Attorney
DATE:
ATTEST:
Richard Powers, Secretary
$UI3 yAgMayor Pro Tern'-)
William Davis
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
Gene Daniels, President
EXHIBIT A
EXHIBIT A
Los Angeles River Metals TMDL Coordinated Monitoring Plan
Estimated Annual Cost of Monitoring (FY 2012-2013)
Prepared by City of Los Angeles - Watershed Protection Division
Field Work: TIER-1
No. Sampling
Sites
Cost per Site
Total Cost
per Month
Events per
Year
Annual cost
DRY weather sample collection (grab)
13
$ 200.00
$ 2,600.00
6
$ 15,600.00
WET weather sample collection (auto)
5
$ 600.00
$ 3,000.00
6
$ 18,000.00
Autosampler & Flow Meter Maintenance
5
--
$ 1,200.00
12
$ 14,400.00
Subtotal $ 48,000.00
Field Work: TIER-Ila
Annual cost
Tier II: Dry Weather Sampling (grab)
1
$ 200.00
$ 200.00
6
$ 1,200.00
Tier II: Wet Weather Sampling (grab)
3
$ 600.00
1 $ 1,800.00
1 6
$ 10,800.00
Subtotal
$ 12,000.00
Laboratory Analysis
No. Samples
(per yr)
Cost Per
Sample
Annual cost
TIER-1
EPA 200.8: Tota!/Dissolved Cu, Pb, Zn, Se, Cd; EPA 200.7: Hardness.
Includes Field Blanks and Field Duplicates (0,4/QQ
132
$ 365.00
$ 48,180.00
TIER-Ila
EPA 200.8: Total/Dissolved Cu, Pb, Zn, 5e, Cd, EPA 200.7: Hardness
24
$ 365.00
$ 8,760.00
Subtotal
$ 56,940.00
Equipment & Supplies
Annual Cost
Filtration Supplies (for Dissolved metals)
$
5,460.00
Autosampler & Flow Meter Servicing and/or Replacement Partsb
$
10,000.00
ISCO Cellular Modems (new equipment to replace outdated modems; one-time cost)`
$
11,000.00
Miscellaneous Consumables
$
1,500.00
Cellular. Service Charges (telemetry system)°
$
2,100.00
Subtotal
$ 30,060.00
Program Management (Data analysis & Management, Reporting, Supervision, and Coordination)
Annual Cost
TIER-1 -
$
40,000.00
TIER -II -
$
10,000.00
Subtotal
$ 50,000.00
Total Annual Caste,f $ 197,000.00
Footnotes:
a If Tier -II activation criteria reset at the beginning of the annual reporting cycle, fewer sampling events will be required.
"This amount is to cover costs to repair/replace sensors, pumps, and other accessories in the event that damage occurs.
` Modems currently use analog cell service. Verizon will be dropping this service in the near future; upgraded modems are necessary for
telemetry system to remain operational.
a If modems are upgraded to the digital platform, the cellular service charges will decrease to $600/year.
`This cost estimate does NOT include TIER -III Source Tracking (per guidance from the Technical Committee).
fThe Scope -of -Work for the Coordinated Monitoring Plan may be affected by issuance of the new MS4 Stormwater permit. If this occurs,
this cost estimate will need to be revised.
EXHIBIT B
EXHIBIT B
ENIOMMIR
Area in Square
Miles
Distribution
Base Rate
($)
Allocation on
Square Miles ($)
Total Rate
($)
Alhambra
7.6
0.012258262
1075.00
2,082.07
3,157.07
Arcadia
10.93
0.017629317
1075.00
2,994.34
4,069.34
Bell
2.74
0.004419426
1075.00
750.64
1,825.64
Bell Gardens
2.48
0.004000065
1075.00
679.41
1,754.41
Bradbury
1.4
0.002258101
1075.001
383.54
1,458:54
Burbank
17.35
0.027984322
1075.00
4,753.14
5,828.14
Caltrans
11.24
0.018129325
1075.00
3,079.27
4,154.27
Calabasas
5.58
0.009000145
1075.00
1,528.67
2,603.67
Carson
0.88
0.001419378
1075.00
241.08
1,316.08
Commerce
6.56
0.010580816
1075.00
1,797.15
2,872.15
Compton
8.6
0.013871191
1075.00
2,356.02
3,431.02
Cudahy
1.12
0.001806481
1075.00
306.83
1,381.83
Downey
5.66
0.009129180
1075.00
1,550.59
2,625.59
Duarte
2.3
0.003709737
1075.00
630.10
1,705.10
El Monte
6.97
0.011242117
1075.00
1,909.47
2,984.47
Glendale
30.62
0.049387893
1075.00
8,388.53
9,463.53
Hidden Hills
1.57
0.002532299
1075.00
430.11
1,505.11
Huntington Park
3.03
0.004887176
1075.00
830.09
1,905.09
Irwindale
1.89
0.003048436
1075.00
517.78
1,592.78
La Canada Flintridge
8.57
0.013822804
1075.00
2,347.80
3,422.80
Long Beach
16.66
0.026871401
1075.00
4,564.11
5,639.11
City of Los Angeles
281.44
0.453942806
1075.00
77,102.19
78,177.19
Lynwood
4.85
0.007822707
1075.00
1,328.69
2,403.69
Maywood
1.18
0.001903257
1075.00
323.27
1,398.27
Monrovia
10.34
0.016677688
1075.00
2,832.71
3,907.71
Montebello
8.36
0.013484088
1075.00
2,290.27
3,365.27
Monterey Park
7.66
0.012355038
1075.00
2,098.50
3,173.50
Paramount
4.34
0.007000113
1075.00
1,188.97
2,263.97
Pasadena
22.7
0.036613494
1075.00
6,218.80
7,293.80
Pico Rivera
3.12
0.005032339
1075.00
854.74
1,929.74
Rosemead
5.14
0.008290456
1075.00
1,408.13
2,483.13
San Fernando
2.41
0.003887159
1075.00
660.23
1,735.23
San Gabriel
4.12
0.006645268
1075.00
1,128.70
2,203.70
San Marino
3.76
0.006064614
1075.00
1,030.07
2,105.07
Sierra Madre
2.99
0.004822658
1075.00
819.13
1,894.13
Signal Hill
1.13
0.001822610
1075.00
309.57
1,384.57
South El Monte
2.09
0.003371022
1075.00
572.57
1,647.57
South Gate
7.48
0.012064711
1075.00
2,049.19
3,124.19
South Pasadena
3.43
0.005532347
1075.00
939.67
2,014.67
Temple City
4.01
0.006467846
1075.00
1,098.56
2,173.56
Vernon
5.08
0.008193681
1075.00
1,391.70
2,466.70
Unincorporated LA County Areas
80.61
0.130018226
1075.00
22,083.60
23,158.60
Total
619.99
1145,150.001
169,850.00
215,000.00
J�✓a -e�3
RECEIVED
4 •• AUG 0 2 2012
4 CITY ADMINISTRATION
LqLT M�
STAFF REPORT �'
COMMUNITY SERVICES & WATER DEPART
NO
DATE: August 1, 2012
TO: Honorable City Councciiilll
FROM: Samuel Kevin Wilson'; --rector of Community Services & Water
RE: AMENDMENT NO. 1 TO MEMORANDUM OF AGREEMENT FOR THE
COORDINATED MONITORING PLAN OF THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
On August 18, 2008 the City Council approved the Memorandum of Understanding (MOA)
between the City of Vernon and the Gateway Cities Council of Governments (COG) under Resolution
No. 9699 (copy attached). The MOA is regarding the administration and cost sharing of the Coordinated
Monitoring Plan (CMP) for the Los Angeles River and Tributaries Metals Total Maximum Daily Load
(LAR Metals TMDL).
LAR Metals TMDL required all Los Angeles River (LAR) watershed cities and agencies to
develop a CMP to assess the amount of metals pollutants in the Los Angeles River and its tributaries. For
the first three years, the monitoring was to establish the existing (or ambient) conditions. At the end of
the three initial years, as of January 11, 2011, the monitoring became "effectiveness monitoring" to assess
the effectiveness of the BMPs permittees were implementing.
In 2009, the 42 agencies that are tributary to the Los Angeles River (40 municipalities, Cal Trans
and the County unincorporated areas) all approved MOA's with the COG to fund the CMP. The COG
subsequently entered into an agreement with the City of Los Angeles to conduct the sampling per the
CMP.
The original MOA was for a 3-year term which expired in June 2012. The Regional Water
Quality Control Board has indicated that the next municipal separate storm sewer system (MS4) permit
will require that regional monitoring programs such as the CMP must continue. Although there is
considerable uncertainty regarding the extent of future monitoring, the LAR CMP Technical Committee
is recommending the current MOA be extended for a period of only one year at this time. The contract
addendum is attached herewith. The City of Los Angeles has provided a Scope of Services in the
attached Exhibit A to the addendum. The total costs will be approximately $215,000 which includes
approximately: $150,000 for the continued Tier I monitoring, $18,000 for inclusion of the Tier II sites
now that the monitoring has entering the compliance phase, $30,000 for maintenance and upgrades to the
equipment which is now 3 years old and $17,000 to reimburse the COG's administrative costs. The cost
to each agency is detailed in the attached Exhibit B to the addendum. The City of Vernon's cost for the
2012/2013 fiscal year will be $2466.70 as shown in Exhibit B.
The City Attorney's office has reviewed and approved the attached Addendum No. 1 to the MOA
between the COG and the City of Vernon (copy attached).
I recommend that the City Council approve of the request from the Technical Committee for the
Amendment No. 1 to extend the MCA for a period of one year with the agencies subject to the Los
Angeles River Metals TMDL. Please place this item on the August 21, 2012 City Council agenda.
SKW/ca
Enclosures
RECEIVED
AUG 0 6 2012 Is nn��aw
CITY CLERK'S OFFICE
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO:
Mark C. Whitworth, Administrator
FROM:
�Cit✓✓y
Samuel Kevin Wilsod,`Director of Community Services & Water
DATE: August 1, 2012
SUBJECT: AMENDMENT NO. 1 TO MEMORANDUM OF AGREEMENT FOR THE
COORDINATED MONITORING PLAN OF THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
On August 18, 2008 the City Council approved the Memorandum of Understanding (MOA)
between the City of Vernon and the Gateway Cities Council of Governments (COG) under Resolution
No. 9699 (copy attached). The MOA is regarding the administration and cost sharing of the Coordinated
Monitoring Plan (CMP) for the Los Angeles River and Tributaries Metals Total Maximum Daily Load
(LAR Metals TMDL).
LAR Metals TMDL required all Los Angeles River (LAR) watershed cities and agencies to
develop a CMP to assess the amount of metals pollutants in the Los Angeles River and its tributaries. For
the first three years, the monitoring was to establish the existing (or ambient) conditions. At the end of
the three initial years, as of January 11, 2011, the monitoring became "effectiveness monitoring" to assess
the effectiveness of the BMPs permittees were implementing.
In 2009, the 42 agencies that are tributary to the Los Angeles River (40 municipalities, Cal Trans
and the County unincorporated areas) all approved MOA's with the COG to fund the CMP. The COG
subsequently entered into an agreement with the City of Los Angeles to conduct the sampling per the
CMP.
The original MOA was for a 3-year term which expired in June 2012. The Regional Water
Quality Control Board has indicated that the next municipal separate storm sewer system (MS4) permit
will require that regional monitoring programs such as the CMP must continue. Although there is
considerable uncertainty regarding the extent of future monitoring, the LAR CMP Technical Committee
is recommending the current MOA be extended for a period of only one year at this time. The contract
addendum is attached herewith. The City of Los Angeles has provided a Scope of Services in the
attached Exhibit A to the addendum. The total costs will be approximately $215,000 which includes
approximately: $150,000 for the continued Tier I monitoring, $18,000 for inclusion of the Tier II sites
now that the monitoring has entering the compliance phase, $30,000 for maintenance and upgrades to the
equipment which is now 3 years old and $17,000 to reimburse the COG's administrative costs. The cost
to each agency is detailed in the attached Exhibit B to the addendum. The City of Vernon's cost for the
2012/2013 fiscal year will be $2466.70 as shown in Exhibit B.
The City Attorney's office has reviewed and approved the attached Addendum No. 1 to the MOA
between the COG and the City of Vernon (copy attached). .
I recommend that the City Council approve of the request from the Technical Committee for the
Amendment No. 1 to extend the MCA for a period of one year with the agencies subject to the Los
Angeles River Metals TMDL. Please place this item on the August 21, 2012 City Council agenda.
SKW/ca
Enclosures
4 uF vFgM
f^.�I
AJ
aa'A'aY �N NNa,~
DECEIVED
community services
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: July 31, 2012
TO: Kevin Wilson, Director of Community Services and Water
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney
RE: Amendment No. l.to Memorandum of Agreement for the
Coordinated Monitoring Plan of the Los Angeles River and
Tributaries Metals TMDL
I have received and reviewed your Memorandum dated July 26, 2012,
and the attachments thereto.
Amendment No. 1 to the memorandum of agreement is approved as to
form.
ITrRTi�
Enclosures
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RESOLUTION NO. 9699
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND THE GATEWAY CITIES COUNCIL OF
GOVERNMENTS REGARDING THE ADMINISTRATION AND COST
SHARING OF THE COORDINATED MONITORING PLAN FOR THE
LOS ANGELES RIVER AND TRIBUTARIES METALS TMDL
WHEREAS, the Regional Water Quality -Control Board, Los
Angeles Region (the:"Regional Board") adopted the Los Angeles River and
Tributaries Metals Total Maximum Daily Load ("TMDL") in September of
2005, with the intent of improving water quality in the Los Angeles
River and its tributaries; and
WHEREAS, the TMDL regulates the discharge of runoff from 40
cities, the County of Los Angeles and the California Department of
Transportation (collectively, the "Regulated Entities") requiring a
high degree of organization and cooperation from the local watershed
agencies; and
WHEREAS, the TMDL requires the preparation and
implementation of a Coordinated Monitoring Plan ("CMP") by the
Regulated Entities that is designed to monitor water quality at key
locations along the Los Angeles River and its tributaries, in addition
to proving compliance with the TMDL waste load allocations; and
WHEREAS, representatives from the Regulated Entities on
various TMDL committees prepared and submitted the draft and final CMP
entitled "Los Angeles River Metals TMDL Coordinated Monitoring Plan"
to the Regional Board and the monitoring is scheduled to begin on
October 11, 2008; and
WHEREAS, the CMP requires administrative services that the
I Regulated Entities desire the Gateway Cities Council of Governments
2 ("Gateway") to coordinate the CMP, and Gateway has agreed to provide
3 administrative services to facilitate the successful implementation of
4 the CMP; and
5 WHEREAS, the Regulated Entities have agreed to share in
6 fully funding the costs of the CMP, including costs incurred by
7 Gateway in administering a Memorandum of Agreement, based on a cost
8 allocation formula and estimated monitoring plan costs until
9 completion of the ambient monitoring period of the CMP, or June 30,
10 2012, whichever occurs first; and
11 WHEREAS, the City of Vernon's estimated monitoring cost
12 allocation for the term of the Memorandum of Agreement is
13 approximately $13,632.59 and Gateway will annually invoice the City
14 for its assessment of proportional costs of the CMP; and
15 WHEREAS, the Director of Community Services & Water has
16 recommended that a Memorandum of Agreement with Gateway be approved
17 and executed.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
19 CITY OF VERNON AS FOLLOWS:
20 SECTION 1: The City Council of the City of Vernon hereby
21 finds and determines that the recitals contained hereinabove are true
22 and correct.
23. SECTION 2: The City Council of the City of Vernon hereby
24 approves the Memorandum of Agreement with Gateway, in substantially
25 the same form as the copy which is attached hereto as Exhibit A and
26 incorporated by reference.
27 SECTION 3: The City Council of the City of.Vernon hereby
28 authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
2 -
auk her-zes the City Admin.tstrator,.,'br his.: designee, tp make whatever
nonsubst'antiv% administrative and/or text changes, up:gn advice of
oounse], to the AgreemQnt:�
I4
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1
S;MATE OF GALI&ORNIA )-
2
',.CbU,dITY
OF Lbs 4NGELEB }
3
i
9
I:, MANUELA GIRON., Qity
Clerk
of the City of
Vernon,
do
hereby
5
certify, that, the foregoing
Resqlution,
being Resolution No.
9699.,.was. -
—
6
duly adopted by the City Ca
rpi1
of.the City of Vexnan at
a
Tegular
!.
7
meeting of the :City Council
-du, 1y
hetid on Monday,
August ,�8,
-2008, and
8
thereafter "was'.duly signed
by the
Mayor or Mayor
`Pro -Teti
of
the City of
A.
L1
MFNUELA'
QN,_
City Clerk
14
.
15 ;
16
y ...
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IE
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26
27''{
26
4 -
EXHIBIT A
MEMORANDUM OF AGREEMENT
` BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF VERNON
REGARDING THE ADMINISTRATION AND COST SHARING OF THE
COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
This Memorandum of Agreement ("Agreement") is made and entered into as of
the date of the last signature set forth below by and between the Gateway Cities Council
of Governments, a Califomia joint powers authority ("GCCOG"), and the City of
Vernon, a California municipal corporation ("City"); (hereinafter "Party" or "Parties")
with respect to the following
RECITALS
WHEREAS, the mission of the GCCOG includes environmental planning and
providing technically sound science and analyses to its member cities and agencies; and
WHEREAS, fifteen of the GCCOG's member cities are located within the Los
Angeles River watershed and the GCCOG has established effective working relationships
with the adjacent Councils of Governments; and
WHEREAS, the GCCOG has previously entered into interagency agreements,
successfully partnering with various cities, SCAG, CALTRANS and the County of Los
Angeles to undertake projects and studies of regional significance; and
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
("Regional Board") adopted the Los Angeles River and Tributaries Metals Total
Maximum Daily Load ("TMDL" or "Los Angeles River Metals TMDL") in September of
2005, with the intent of improving water quality in the Los Angeles River and its
tributaries; and
WHEREAS, the Parties recognize that the TMDL is not self -enforcing and has
.not been incorporated into the 2001 National Pollutant Discharge Elimination System
Permit for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff
Dischargers within' the County of Los Angeles, and the. unincorporated cities therein
except the City of Long Beach, Avalon, Palmdale and Lancaster dated December 13,
2001 for the LA River Metals TMDL to be legally enforceable; and
WHEREAS, this TMDL regulates the discharge of runoff from, forty cities, the
County of Los Angeles, and CALTRANS, herein referred to as collectively the
"Regulated Entities" or singularly "Regulated Entity", requiring a high degree of
organization and cooperation from the local watershed agencies; and
WHEREAS, this TMDL requires the preparation and implementation of a
Coordinated Monitoring Plan ("CMP") by the Regulated Entities that is designed to
monitor water quality at key locations along the Los Angeles River and its tributaries, in
addition to proving compliance with the TMDL waste load allocations; and
WHEREAS, a Los Angeles River Metals TMDL Technical Committee,
consisting of representatives from the Regulated Entities, has been established with the
purpose of preparing and submitting the CMP to the Regional Board; and
WHEREAS, a Los Angeles River Metals TMDL Steering Committee, consisting
of representatives from the Regulated Entities, has been established for the purpose of
providing general oversight of the implementation of the Los Angeles River Metals
TMDL which includes the CMP and technical Special Studies; and
WHEREAS, a Los Angeles River Watershed, Management Committee, required
by the Municipal Storm Water NPDES Permit, meets on a regular basis and'is attended
by all the Regulated Entities in the watershed; and
WHEREAS, the draft and final CMP titled "Los Angeles River Metals TMDL
Coordinated Monitoring Plan," was prepared'by the Technical Committee, reviewed by
the Los Angeles River Watershed Management Committee and Steering Committee, and
submitted to the Regional Board on April 11, 2007 and March 26, 2008, respectively; and
WHEREAS; the Regulated Entities agree to implement the monitoring program
within six months of the approval date of the CMP by the Regional Board and upon the
adoption and initial funding of this Agreement by the Regulated Entities; and
WHEREAS, the CMP requires administrative services that the Regulated Entities
desire the GCCOG to coordinate, including contracting for the purchase and installation
of automated water sampling devices, collection of dry and wet weather water quality
samples, laboratory analysis and reporting services, and other CMP related activities; and
WHEREAS, the GCCOG has agreed to provide administrative services to the
Regulated Entities to facilitate the successful implementation of the CMP; and
WHEREAS, the Regulated Entities have agreed to share in fully funding the costs
of the CMP, including those costs incurred by the GCCOG in administering this
Agreement, based on the cost allocation formula contained in Exhibit A and the estimated
monitoring plan costs shown in Exhibit B of this Agreement; and
WHEREAS, the City of Los Angeles has the expertise and equipment to perform
sampling services, laboratory analysis, and reporting services ("Monitoring Services")
consistent with the CMP; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ the City of
Los Angeles to perform the Monitoring Services on their behalf at locations identified in
the CMP, and the Regulated Entities are willing to pay the City of Los Angeles for -its
Monitoring Services through the GCCOG, and City of Los Angeles is willing to perform
the Monitoring Services and be reimbursed for such services as indicated in Exhibit B;
and
WHEREAS, the County of Los Angeles has the expertise and equipment to
perform the installation, or the ability to contract the installation to an outside entity, of
the automated water sampling devices consistent with the CMP; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ the County
of Los Angeles to perform the installation of the automated water sampling devices on
their behalf at locations identified in the CMP, and the Regulated Entities are willing to
pay the County of Los Angeles for its installation services through the GCCOG, and
County of Los Angeles is willing to .provide, perform and be reimbursed for such
installation services as indicated in Exhibit B; and
WHEREAS, GCCOG will execute similar cost -sharing agreements with all other
Regulated Entities before this agreement becomes enforceable, unless stated otherwise
elsewhere in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as part of
this Agreement.
Section 2. Purpose. The purpose of this Agreement is to cooperatively fund the
implementation of the CMP
Section 3. Cooperation. The Parties shall fully cooperate with one, another to
attain the purposes of this Agreement.
Section 4. Voluntary Nature. This Agreement is voluntarily entered into for the
implementation of the CMP.
Section 5. Term. The term of this Agreement shall remain and continue in effect
until completion of the ambient monitoring period of the CMP or June 30, 2012,
whichever occurs first.
Section 6. Coordinated Monitoring Plan. The Los Angeles River Metals TMDL
CMP consists of the regulatory background, ambient and effectiveness monitoring,
monitoring sites, sampling parameters, analytical methods, schedule, reporting, and other
regulatory requirements. Digital versions of the Regional Board approved CMP have
been provided to all of the Regulated Entities. The final CMP was approved by the
Regional Board on April 11, 2008, and is incorporated into this Agreement by this
reference.
Section 7. Assessment for Proportional Costs of the CMP The City of Vernon
agrees to provide funds to the GCCOG in the amount shown in Exhibit C, based on the
cost allocation formula sett forth in Exhibit A and the estimated annual monitoring costs
in Exhibit B, attached hereto and made a part.of this Agreement by this reference. The
GCCOG will annually invoice the City upon the execution of this Agreement, based on
allocated CMP costs,. which includes all administrative costs incurred by the GCCOG in
the performance of its duties under this Agreement. The: GCCOG administrative costs
include compensation for staff time, audit expenses, and costs incurred in administrating
agreements. Any overpayment or underpayment of the CMP costs shall be credited or
billed to the City in the next year's invoice or if it occurs in the last yeah of the
Agreement it shall be reimbursed at its termination.
Section 8. Role of the GCCOG. The GCCOG shall enter into agreements with
each of the Regulated Entities to effectuate the CMP, invoice and collect from the
Regulated Entities the estimated amounts identified in Exhibit C, which are based on the
cost allocation formula in Exhibit A and estimated annual monitoring costs in Exhibit B,
and reimburse the City of Los Angeles and the County of Los Angeles for their
respective services as described in this Agreement.
Section 9. Role of the City of Los Angeles
a) Monitoring — The City of Los Angeles will perform the Monitoring Services
at locations indicated in the CMP on behalf of the Regulated Entities.
Performance of the Monitoring Services by Los Angeles is expressly
conditioned upon all Regulated Entities listed in Exhibit A executing a similar
agreement with the GCCOG for cost sharing of the CMP.
b) Early Start of Monitoring — The TMDL requires monitoring to begin within
six months of the Regional Board approval of the Final CMP; therefore, all
Regulated Entities agree that the City of Los Angeles will start the Monitoring
Services, if necessary, even before this agreement has been signed by all the
Regulated Entities to ensure compliance with the TMDL. The Regulated
Entities thereby authorize that all costs incurred by the City of Los Angeles
for any early. monitoring required by the CMP be included in the initial
GCCOG invoice to the Regulated Entities.
c) Reporting — The City of Los Angeles will submit final summary monitoring
reports to the Regional Board annually as described in the CMP and distribute
copies of the annual reports to the Regulated Entities prior to submittal to the
Regional Board for review and approval. Regulated entities will have the
right to request monitoring reports at any time.
Section 10. Role of the County of Los Angeles. The County of Los Angeles will
perform the installation of the automated water sampling devices at the locations
identified in the CMP. Installation of the automated water sampling devices by the
County of Los Angeles is expressly conditioned upon all Regulated Entities listed in
Exhibit A executing a similar agreement with the GCCOG for cost sharing of the CMP.
The TMDL requires monitoring to begin within six months of the Regional Board
approval of the Final CMP; therefore, all Regulated Entities agree that the County of Los
Angeles will start the installation of the auto samplers, if necessary, even before this
agreement has been signed by all the Regulated Entities to ensure compliance with the
TMDL. The Regulated Entities thereby authorize that all capital costs incurred by the
County of Los Angeles for any early installations be included in the initial GCCOG
invoice to the Regulated Entities.
Section 11, Invoice and Payment.
a) Annual Monitoring Payment — The GCCOG shall reimburse the City of Los
Angeles for the Monitoring Services in accordance with Exhibits B and C
within ninety (90) days of receipt of the invoice from City of Los Angeles,
minus the cost share of the City of Los Angeles' portion of the GCCOG
annual administration services cost. The GCCOG shall not be obligated to
remit to the City of Los Angeles more than the amount it has actually
collected from Regulated Entities pursuant to this Agreement less its
estimated administrative. costs. In the event that funds received by the
GCCOG are not sufficient to cover the full GCCOG administrative costs and
City of Los Angeles invoice within 90 days of invoice, but are subsequently
received, those subsequent amounts shall be paid to the City of Los. Angeles
within 30 days of receipt by the GCCOG., The annual payment shall be
increased by the State of California Consumer Price Index (CPI) annually'.
The total annual monitoring costs shown in Exhibit B are estimates that have
been agreed upon amongst the City of Los Angeles and the Regulated
Entities. The cost estimates of Monitoring Services presented in. Exhibit B
and C and costs of any monitoring activities, are subject to changes in the
CMP pursuant to a Regional Board,requirement or unforeseen challenges in
the field. The GCCOG shall be notified by the City of Los Angeles of any
decreases or increases in sampling frequency; the actual cost of any decreases
or increases in sampling frequency will be reconciled with the next annual
payment.
b) Auto Sampler Payment — The GCCOG shall reimburse the County of Los
Angeles for the auto sampler infrastructure and installation capital costs as
shown in Exhibit B and C within ninety (90) days of receipt of any invoices
from County of Los Angeles. The GCCOG shall: not be obligated to remit to
the County of Los Angeles more than the amount it has actually collected
from Regulated Entities pursuant to this agreement Mess its estimated
administrative costs. In the event that funds received by the GCCOG are not
sufficient to cover the full GCCOG administrative costs and County of Los
Angeles invoice within 90 days of invoice, but are subsequently received,
The State of California CPI- is referenced at htti)://www.dir.ca.gov/DLSR for Los Angeles-Riverside-
Orange,County Region for the month of dune.
those subsequent amounts shall be paid to the County of Los Angeles within
30 days of receipt by the GCCOG.
c) Invoice — The GCCOG shall invoice the Regulated Entities annually in
January except for the first invoice, which will take place immediately
following the execution of this Agreement. The first invoice will consist of the
allocated CMP costs for the first and second fiscal years, which include .the
costs of the auto sampler infrastructure and installation capital costs, and from
thereon invoicing will be done in January of each year and will be based on
the estimated costs of the following fiscal year as indicated in Exhibits B and
C. The Regulated Entities shall pay the GCCOG invoices within sixty (60)
days of receipt of the invoices. The City of Los Angeles will invoice the
GCCOG immediately upon execution of this Agreement and from thereon on
annual basis starting July 2009 and the GCCOG shall pay the City of Los
Angeles invoices within ninety (90) days of receipt. Since the City, of. Los
Angeles is providing the Monitoring Services, the City of Los Angeles will
not be invoiced by the GCCOG for any monitoring related costs for the City's
costs share; similarly, the County will not be invoiced for any auto sampler
costs. Therefore, the City of. Los Angeles and County of Los Angeles
invoices will be adjusted to exclude the City and County's cost shares,
respectively.
d) Late Payment Penalty — Any payment that is late shall be subject to interest on
the original amount due from the date that the payment first became due. The
interest rate shall be equal to the Prime Rate in effect when the payment first
became due plus one percent for any payment that is made from 1 to 30 days
after the due date. The Prime Rate in effect when the payment first became
due plus five (5) percent shall apply for any payment that is made from 31 to
60 days after the due date. The Prime Rate in effect when the payment first
became due plus ten (10) percent shall apply for any payment that is made
more than 60 days after the due date. The rates shall, nevertheless, not exceed
the maximum allowed by law.
e) Delinouent Payments — A Regulated Entity's payment is considered to be
delinquent 180 days after being invoiced by the GCCOG.' The following
procedure may be implemented to attain payments from the delinquent
Regulated Entity or Entities per instructions from the Steering Committee: -1)
verbally contact/meet with the manager from the delinquent Regulated Entity
or Entities, 2) submit a formal letter to the delinquent Regulated Entity or
Entities from the GCCOG attorney, and 3) notify the Regional Board that the
delinquent Regulated Entity or Entities are no longer a participating member
of the CMP. If a Regulated Entity or Entities remain delinquent after the
above procedures, then any delinquent amount(s) will be distributed in. the
following year's invoice amongst all .remaining Regulated Entities
proportionate to each Entity's area as it relates to the overall remaining total
Regulated Entities area, excluding the delinquent Regulated Entity or Entities.
The Steering Committee will revise Exhibits A and C to show the recalculated
costs for each participating Regulated Entity; these revised exhibits will be
sent to the GCCOG�and included with the annual invoices to the Regulated
Entities.
f) Interest Accrual — Any interest accrued on the funds collected per this
Agreement during the term of this Agreement shall be redeposited into the
appropriate account and used for implementation of the CMP. The GCCOG
shall report on an annual basis to the Steering Committee the amount of
interest accrued by the CMP account(s).
Section 12. lndenendent Contractor.
a) The GCCOG is and shall at all times remain a. wholly independent contractor
for performance of the obligations described in this Agreement. The GCCOG
officers, employees and agents performing such obligations shall at all times
be under the GCCOG's exclusive control. The Regulated Entities. shall not
have control over the conduct of the GCCOG or any of its officers, employees
or agents, except as set forth in this Agreement. The GCCOG, and its
officers, employees, or agents are not and shall not be deemed to be
employees of the Regulated Entities.
b) No employee benefits shall be available to the GCCOG in connection with the
performance of its obligations under this Agreement. The GCCOG is solely
responsible for the payment of salaries, wages, other compensation,
employment taxes, worker's compensation, or similar taxes for its employees
for performing obligations hereunder.
Section 13-- Indemnification. To the fullest extent permitted by law, the'City of
Vernon and the GCCOG agree to save, indemnify, defend, and hold harmless each other
from any and all liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of
any kind whatsoever, whether actual, alleged or threatened, actual attorney fees, court
costs, and any other costs of any nature without restriction incurred in relation to, as a
consequence of, or arising out of, the performance of this Agreement, and attributable to
the fault of the other. Following a determination of the percentage of fault and or.liability
by agreement between the Parties or a court of competent jurisdiction, the Party
responsible for liability to the other will indemnify the other Party to this Agreement for
the percentage of liability determined.
Section 14. Termination of Agreement. Either Party may terminate this
Agreement for any reason, in whole or part, by giving the other Party thirty (30) days
written -notice thereof. The City of Vernon shall be responsible for the allocated costs of
CMP. activities incurred up to the date of the termination. GCCOG shall notify in writing
all Regulated Entities within fourteen (14) days of receiving written notice from any
Regulated Entity that intends to terminate this Agreement.
Section 15. Miscellaneous.
a) Notices. All notices which any Party is required or desires to give hereunder
shall be in writing and shall be deemed given when delivered personally or
three (3) days after mailing. by registered or certified mail (return receipt
requested) to the following address or as such other addresses as the Parties
may from time to time designate by written notice in the aforesaid manner:
To GCCOG: Mr. Richard Powers
Executive Director
16401 Paramount Blvd.
Paramount, CA 90723
To City of Vernon:
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
b) Separate Accounting and Auditing. The GCCOG agrees to establish a separate
account to track the revenues from the Regulated Entities and the expenses
from of the CMP. Quarterly financial statements. and the annual audit will be
made available to all of the participating Regulated Entities and will be
provided to the Steering and Technical. Committees.
c) 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 interpretedagainst 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 al] prior or
contemporaneous agreements, whether written or oral, with respect thereto.
i) Severability. If any term, provision, condition or covenant of this Agreement
is declared or determined by any court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions of this Agreement shall not
be affected thereby and this Agreement shall be read and constructed without
the invalid, void, or unenforceable provision(s).
j) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which taken
together shall constitute but one and the 'same instrument, provided, however,
that such counterparts shall have been. delivered to both Parties to this
Agreement.
k) All Parties have been represented by counsel in the preparation and
negotiation of this Agreement. Accordingly, this Agreement shall be
construed according to its fair language.
1) Each of the persons signing below on behalf of a Party represents and
warrants that he or she is authorized to sign this Agreement on behalf of such
Party.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on their behalf, respectively, as follows:
DATE: b// 7 / C)9
ATTEST:
Manuela Giron, City erO( k
APPROV AS TO FORM:
Ir ��
jqy
H i on, City Attorney
DATE: le� /O — o X
ATTEST:
v
Richard Powers, Secretary
10
CITY OF VERNON
Hilario Gonzales
Name:ewfn�—
Title: A$ / Mayor Pro -Tern
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
ANNE M. BAYER, PRESIDENT
EXHIBIT A
EXHIBIT A
LOS ANGELES RIVER METALS TMDL
COORDINATED MONITORING PLAN
COST ALLOCATION FORMULA
(showing cost allocation for every $100,000 in costs)
Name
Area in sq miles
Distribution
Base
Rate $
Allocation
on Sq Mlles $
Total
Rate $
Alhambra
7.6
0.012258262
500.
968.40
1,468.40
Arcadia
10.93
0.017629317
500
1,392.72
1,892.72
Bell
2.74
0.004419426
500
349.13
849.13
Bell Gardens
2.48
0.004000065
500
316.01
816.01
Bradbury
1.4
0.002258101
500
178.39
678.39
Burbank
17.35
0.027984322
600
2,210.76
2.710.76
Callrans .
11.24
0.018129325
500
1 432.22
1.932.22
Calabasas
5,68
0.009000145
500
711.01
1 211.01'
Carson
0.88
0.001419378
500
112.13
612.13
Commerce
6.56
0,010580816
500
835.88
1,335.88
Compton
8.6
0.013871191
500
1,095.82
1,595.82
Cudahy
1.12
0.001606481
500
142.71
642.71
Downey
5.66
0.00912918
500
721.21
1221.21
Duarte
2.3
0.003709737
500
293.07
793.07
EI Monte
6.97
0.011242117
500
888.13
1,388.13
Glendale
30.62
0.049387893
500
3,901.64
4.401.64
Hidden Hills
1.57
0.002532299
500
200,05
700.05
Huntington Park
3.03
0.004887176
500
386.09
886.09
Irwindale
1.69
0.003048436
500
240.83
740.83
La Canada Flintrid a
8.57
0.013822804
500
1,092.00
1,592.00
Long Beach
16.66
0.026871401
500
2.122.84
2,622.84
City of Los Angeles
281.44
0.4539428061
500
35 861.48
36.361.48
Lynwood
4.85
0.007822707
500
617.99
1,117.99
Maywood
1.18
0.001903257
500
150.36
650.36
Monrovia
10.34
0:016677688
500
1 317.54
1,817.54
Montebello
8.36
0.013484088
500
1,065.24
1.665.24
Monterey Park
7.660.012365038
500
976.05
1,476.05
Paramount
4.340.007000113
500
553.01
1,053.01
Pasadena
22.7
0.036613494
500
21892.47
31392.47
Pico Rivera
3.12
0.005032339
500
397.55
897.55
Rosemead
5.14
0.006290456
500
654.95
1,154.96
San Fernando
2.41
0.003887159
500
307.09
807.09
San Gabriel
4.12
0.006645268
500
524.98
1.024.98
San Marino
3.76
0.006064614
500
479.10
979.10
Sierra Madre
2.99
0.004822658
500
380.99
880.99
Signal Hill
1.13
0.00182261
500
143.99
643.99
11
South El Monte
2.09
0.0033710221
500
266.31
1 766.31
South Gate
7.48
O.D120647111
500
953.11
1,453.11
South Pasadena
3.43
0.005532347
600
437.06
937.06
Temple City
4.01
0.006467846
500
510.96
1 010.96
Vernon
5.080.008193681
500
647.30
1,147.30
Unincorporated LA County Areas
80.61
0.13001 B226
500
10 271.44
10 771.44
619.99
1
21,000,
79,000
100 000
Notes: The calculation of square miles in the watershed is based on GIS information
supplied by the Regional Water Quality Control Board. The distribution column indicates
the square miles located within the jurisdiction of each Regulated Entity as. a fraction of
the total watershed. The base rate is $500 per Regulated Entity per $100,000 in
monitoring costs. This base rate ensures a minimum contribution from each Regulated
Entity, resulting in a total base of $21,000. The allocation based on square miles is
$100,000 minus the base of $21,000 ($79,000) multiplied by the figure in the distribution
column for each Regulated Entity. Each Regulated Entity's total cost for every $100,000
in costs is the sum of the base ($500 per $100,000), plus the Regulated Entity's allocation
based on square miles.
12
EXHIBIT B
G.1
EXHIBIT C
AMENDMENT NUMBER ONE
TO THE
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF VERNON
REGARDING THE ADMINISTRATION AND COST SHARING OF THE
COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
This Amendment Number One ("Amendment') is made this 215` day of August, 2012 by and
between the Gateway Cities Council of Governments, a California joint powers authority
("GCCOG"), and the City of Vernon, a California municipal corporation ("City") (hereinafter
"Party" or "Parties") with respect to the following:
RECITALS
WHEREAS, the GCCOG and the City entered into a Memorandum of Agreement
regarding the administration and cost sharing of the Coordinated Monitoring Plan for the Los
Angeles River and Tributaries Metals TMDL ("Agreement'); and
WHEREAS, the Agreement will expire on June 30, 2012; and
WHEREAS, the Coordinated Monitoring Plan Technical Committee has recommended
an extension of the Agreement for one year, and
WHEREAS, the Los Angeles River TMDL Steering Committee has also recommended
an extension of the Agreement for one year; and
WHEREAS, Section 15(d) of the Agreement provides that the Agreement may be
amended by an instrument in writing signed by the Parties.
NOW, THEREFORE, inconsideration of the mutual covenants and conditions set forth
herein, the Parties do hereby agree as follows:
Section 1. The term of the Agreement is hereby extended through June 30, 2013.
Section 2. The scope of work to be performed by the City of Los Angeles pursuant to the
Agreement during the extended tern under this Amendment is set forth in the revised Exhibit
"A" attached hereto.
Section 3. The cost allocation for the scope of work in the revised Exhibit A is set forth in
the revised Exhibit "B" attached hereto.
Section 4. Except as modified or changed herein, all other provisions and terms of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed on their behalf, respectively, as follows:
DATE: 6 0'9--z �.
ATTES
Wfillad G. Yam uchi, rty Cler
AS TO FORM:
C
50
DATE: " I -5-I L
ATTEST:
Richard Powers, Secretary
City Attorney
CITY
MyRTMayor Pro T
William Davis
GATEWAY CITIES COUNCIL OF
GOVERN TS
Gene Daniels, President
EXHIBIT A
EXHIBIT A
Los Angeles River Metals TMDL Coordinated Monitoring Plan
Estimated Annual Cost of Monitoring (FY 2012-2013)
Prepared by City of Los Angeles Watershed Protection Division
Field Work f)gR
, b 'cost
DRY weather sample collection (grab).
13
$ 200.00
$ 2,600.00
6
$ 15,600.00
WET weather sample collection (auto)
5
$ 606.00
$ 3,000.00
6
$ 18,000.00
. Autosampler & Flow Meter Maintenance
5
--
$ 1,200.00
12
$ 14,400.00
Subtotal $ - 49,000.00
Field;Work:Tl):R-11a
Tier II: DryWeather Sampling (grab)
- 1
1 $ 200.00
$ 200.00
1 6
$ 1,200.00
Tier II: Wet Weather Sampling (grab)
3
1 $ 600.00
1 $ 1,800.00
1 6
$ 10,800.00
Subtotal
$ 12,000.00
..
Laboratory, Analysis
-1No Sampie5
(per yr)
OW .
S rp , IR;
Ann',y, al cost
TIER-1
EPA 200.8: Total/Dissolved Cu, Pb, Zn, Se, Cd; EPA 200.7: Hardness.
-
Includes Field Blanks and Field Duplicates (QA/QC}
132
$ 365.00
$ 48,180.00
TIER- ,a
EPA 200.8: Total/Dissolved Cu, Pb, Zn, Se, Cd,' EPA 200.7. Hardness -
24
$ 365.00
$ 8,760.00
Subtotal
$ 56,940.00
Equipment&Supplies - -
Annual Cost
Filtration Supplies (for Dissolved metals)
$
5,460.00
Autosampler & Flow Meter Servicing and/or Replacement Parts
$
10,000.00
ISCO Cellular Modems (new equipment to replace outdated modems; one-time cost)`
$
11,000.00
Miscellaneous Consumables
$
1,500.00
CellularService Charges (telemetry system) -
$
2,100.00
Subtotal
$ 30,060.00
Qrogram.'Management (Data analysis & Management, Reporting, Supervision; and Coordination) , Annual Cost
TIER-1 $ 40,000.00
TIER -II - $ 10,000.00
Subtotal - $ 50,000.00
Total Annual Coste'f $ 197,000.00
Footnotes:
a If Tier -II activation criteria reset at the beginning of the annual reporting cycle, fewer sampling events will be required.
b This amount is to cover costs to repair/replace sensors, pumps, and other accessories. in the event that damage occurs.
` Modems currently use analog cell service. Verizon will be dropping this service in the near future;, upgraded modems are necessary for
telemetry system to remain operational. - - -
If modems are upgraded to the digital platform, the cellular service charges will decrease to $600/year.
' This cost estimate does NOT include TIER -III Source Tracking (per guidance from the Technical Committee).
f The Scope -of -Work for the Coordinated Monitoring Plan may be affected by issuance of the new MS4 Stormwater permit. If this occurs,
this cost estimate will need to be revised.
EXHIBIT B
EXHIBIT B
fAdmiffict
Area In Square
Mlles
Distribution
Base Rate
($)
Allocation on
Square Miles ($)
Total Rate
($)
Alhambra
7.6
0.012258262
1075.00
.21082.07
3,157.07
Arcadia
10.93
0.017629317
1075.00
2,994.34
4,069.34
Bell
2.74
0,004419426
1075,00
750.64
1,825.64
Bell Gardens
2.48
0.004000065
1075.00
679.41
1,754.41
Bradbury
1.4
0.002258101
1075.00
383.54
1,458:54
Burbank
17.35
0.027984322
1075.00
4,753.14
5,828.14
Caltrans
11.24
0.018129325
1075.00
3,079.27
4,154.27
Calabasas
5.58
0.009000145
1075.00
1,528.67
2,603.67
Carson
0.88
0.001419378
1075.00
241.08
1,316.08
Commerce
6.56
0.010580816
1075.00
1,797.15
2,872.15
Compton
8.6
0.013871191
1075.00
2,356.02
3,431.02
Cudahy
1.12
0.001806481
1075.00
306.83
1,381.83
Downey
5.66
0.009129180
1075.00
1,550.59
2,625.59
Duarte
2.3
0.003709737
1075.00
630.10
1,705.10
El Monte
6.97
0.011242117
1075.00
1,909.47
2,984.47
Glendale _
30.62
0.049387893
1075.00
8,388.53
9,463.53
Hidden Hills
1.57
0.002532299
1075.00
430.11
1,505.11
Huntington Park
3.03
0.004887176
1075.00
830.09
1,905.09
Irwindale
1.89
0.003048436
1075.00
517.78
1,592.78
La Canada Flintridge
8.57
0.013822804
1075.00
2,347.80
3,422.80
Long Beach
16.66
0.026871401
1075.00
4,564.11
5,639.11
City of Los Angeles
281.44
0.453942806
1075.00
77,102.19
78,177.19
Lynwood
4.85
0.007822707
1075.00
1,328.69
2,403.69
Maywood
1.18
0.001903257
1075.00
323.27
1,398.27
Monrovia
10.34
0.016677688
1075.00
2,832.71
3,907.71
Montebello.
8.36
0.013484088
11075.00
2,290,27
3,365.25
Monterey Park
7.66
0.012355038
1075.00
2,098.50
3,173.50
Paramount
4.34
0.007000113
1075.00
1,188.97
2,263.97
Pasadena
22.7
0.036613494
1075.00
6,218.80
7,293.80
Pico Rivera
3.12
0.005032339
1075.00
854.74
1,929.74
Rosemead
5.14
0.008290456
1075.00
1,408.13
2,483.13
San Fernando
2.41
0.003887159
1075.00
660.23
1,735.23
San Gabriel
4.12
0.006645268
1075.00
1,128.70
2,203.70
San Marino
3.76
0.006064614
1075.00
1,030.07
2,105.07
Sierra Madre
2.99
0.004822658
1075.00
819.13
1,894.13
Signal Hill
1.13
0.001822610
1075.00
309.57
1,384.57
South El Monte
2.09
0.003371022
1075.00
572.57
1,647.57
South Gate
7.48
0.012064711
1075.00
2,049.19
3,124.19
South Pasadena
3.43
0.005532347
1075.00
939.67
2,014.67
Temple City
4.01
0.006467846
1075.00
1,098.56
2,173.56
Vernon
5.08
0.0081936811
1075.00
1,391.70
2,466.70
Unincorporated LA County Areas 1
80.61
0.1300182261
1075.00
22,083.60
23,158.60
Total 1
619.99
1
45,150.00
1ig,850.001
215,000.00