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Resolution No. 2013-025RESOLUTION NO. 2013-25 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 BACTERIA, TMDL WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (the "Regional Board"), adopted the Los Angeles River and Tributaries Bacteria Total Maximum Daily Load ("TMDL"), in July of 2010, 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 42 cities tributary to the Los Angeles River and the unincorporated areas of Los Angeles County and CALTRANS (collectively, the "Regulated Entities"), requiring a high degree of organization and cooperation from the local watershed agencies; and WHEREAS, the TMDL requires the preparation of a Coordinated Monitoring Plan ("CMP"), and ongoing monitoring by the Regulated Entities once the CMP is approved by the Regional Board; and WHEREAS, the Regulated Entities are also responsible for preparing Load Reduction Strategies (LRS), to reduce the amount of bacteria being discharged into the Los Angeles River and Tributaries and the Regulated Entities will retain responsibility for the preparation of the LRS, but will benefit from the monitoring information generated by the CMP; and WHEREAS, a Los Angeles River Bacteria 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, the CMP requires administrative services that the Regulated Entities desire the Gateway Cities Council of Governments ("Gateway"), to coordinate, including contracting for the development of both the draft and final CMP and other related activities; and WHEREAS, Gateway has agreed to provide administrative services to facilitate the successful implementation of the CMP; and WHEREAS, the Regulated Entities have agreed to share in fully funding the costs of the CMP, including costs incurred by Gateway in administering a Memorandum of Agreement, based on a cost allocation formula and estimated implementation plan costs until completion of the ambient monitoring period of the CMP, or March 23, 2013, whichever occurs first; and WHEREAS, the City of Vernon's estimated implementation cost allocation for Year 1 of the Memorandum of Agreement is approximately $2,000.00; 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 finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule - 2 - that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves the Memorandum of Agreement with Gateway, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the Interim City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. 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 non -substantive changes to the Agreement attached herein. SECTION 6: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk's designee, to send two executed Agreements to: Gateway Cities Council of Governments Attn.: Genny Cisneros c/o Richard Powers 16401 Paramount Boulevard Paramount, CA 90723 - 3 - SECTION 7: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 5th day of February, 2013. ty Clerk 11.E--� \ _ Name: William J. Davis Title: Mayor / Mayr 7= cro� _9_ STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2013-25, 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, February 5, 2013, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this /( day of February, 2013, at Vernon, California. (SEAL) Reed, Interim City Clerk - 5 - 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 BACTERIA TMDL This Memorandum of Agreement ("Agreement") is made and entered into as of the date of the last signature set forth below by and between the Gateway Cities Council of Governments, a California joint powers authority ("GCCOG'), and the City of Vernon, a California municipal corporation ("City"); (hereinafter "Party' or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the GCCOG includes environmental planning and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, eighteen 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, and CALTRANS 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 Bacteria Total Maximum Daily Load (TMDL) in July of 2010, 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 is legally enforceable once incorporated into the National Pollutant Discharge Elimination System Permit for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges; and WHEREAS, this TMDL regulates the discharge of runoff from forty-two cities tributary to the Los Angeles River and the unincorporated areas of Los Angeles County and CALTRANS, herein referred to collectively as the "Regulated Entities" or singularly a "Regulated "Entity", requiring a high degree of organization and cooperation from the local watershed agencies; and 1 WHEREAS; this TMDL requires the preparation of a Coordinated Monitoring Plan ("CMP") and ongoing monitoring by the Regulated Entities once the CMP is approved by the Regional Board; and WHEREAS,. the Regulated Entities are also responsible for preparing Load Reduction Strategies (LRS) to reduce the amount of bacteria being discharged into the Los Angeles River and Tributaries and the Regulated Entities will retain responsibility for the preparation of the LRS, but will benefit from the monitoring information generated by the CMP, and WHEREAS, a Los Angeles River Bacteria 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, the Regulated Entities agree to prepare a CMP by March 23, 2013, the adoption and initial funding of this Agreement will be by the Regulated Entities; and WHEREAS, the Regulated Entities agree to implement the CMP upon approval by the Regional Board; and WHEREAS, the CMP requires administrative services that the Regulated Entities desire the GCCOG to coordinate, including contracting for the development of both the draft and final CMP and other 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 implementation plan in Exhibit B of this Agreement; and WHEREAS, the GCCOG and the Regulated Entities agree to employ consultants as needed to prepare the CMP, and the Regulated Entities are willing to pay the consultants for their services through the GCCOG; and WHEREAS, from time to time, special studies will need to be conducted in support of the CMP and to evaluate Load Reduction Strategies; 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: 2 Section 1. Recitals. hexecitals set forthabove are fully incorporated as part of this Agreement. Section 2. Purpose. The purpose of this Agreement is to cooperatively fund the preparation of and 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 the scheduled final dry -weather TMDL deadline of March 23, 2028. Section 6. Coordinated Monitoring Plan. The Los Angeles River Bacteria TMDL CMP consists of collection of samples, laboratory analysis, characterization, special studies, reporting, and other regulatory requirements. Section 7. Assessment for Pronortional Costs of the CMP. The City of Vernon agrees to provide funds to the GCCOG in the amount shown in Exhibit A. The total CMP annual estimated implementation costs are represented in Exhibit B attached hereto and made a part of this Agreement by this reference. The GCCOG will 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. Costs are subject to change depending upon the number of participating Regulated Entities and recommendations of the Technical Committee based upon new or modified requirements of the Regional Board. Section 8. Role of the GCCOG. The GCCOG shall enter into a substantially and materially similar agreement with each of the Regulated Entities to effectuate the CMP, invoice .and collect from the Regulated Entities the estimated amounts identified in Exhibit A. Section 9. Invoice and Pam a) The GCCOG shall invoice each Regulated Entity not later than July 30, 2013. b) Delinquent Payments — A Regulated Entity's payment is considered to be delinquent 60 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 Technical 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 Technical Committee will revise Exhibit A 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. c) 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 Technical Committee the amount of interest accrued by the CMP account(s). d) Excess Funds — Any collected funds not spent in any annual period shall remain in the appropriate account and used for implementation of the CMP or special studies as directed by the Technical Committee. Section 10. Independent Contractor. a) The GCCOG is and shall at all times remain a wholly independent contractor for performance of the obligations described in this Agreement. The GCCOG officers, employees and agents performing such obligations shall at all times be under the GCCOG's exclusive control. The Regulated Entities shall not have control over the conduct of the GCCOG or any of its officers, employees or agents, except as set forth in this Agreement. The GCCOG, and its officers, employees, or agents are not and shall not be deemed to be employees of the Regulated Entities. b) No employee benefits shall be available to the GCCOG in connection with the performance of its obligations under this Agreement. The GCCOG is solely responsible for the payment of salaries, wages, other compensation, employment taxes, worker's compensation, or similar taxes for its employees for performing obligations hereunder. Section 11. 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 0 damage of arty fund 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 12. 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. The remaining Regulated Entities shall be responsible for increasing their cost contribution proportionally based upon the land area as shown in Exhibit A. Section 13. 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: Richard Powers Executive Director 16401 Paramount Boulevard Paramount, California 90723 To City of Vernon: Mark Whitworth City Administrator 4305 Santa Fe Avenue Vernon, California 90058 9 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. 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 the Party drafting it, or causing it to be prepared shall not apply. h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. i) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and constructed without the invalid, void, or unenforceable provision(s). j) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to both Parties to this Agreement. k) 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. 3 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: DATE: ATTEST: Dana Reed, Interim City Clerk APPROVED AS TO FORM: Nicholas G. Rodriguez, City Attorney I.yv_ra ATTEST: Richard Powers, Secretary William J. Davis, Mayor GATEWAY CITIES COUNCIL OF GOVERNMENTS Gene Daniels, President II EXHIBIT A Year 1 Costs Bacteria TMDL Area in Square Miles Distribution Base Rate ($) Allocation on Square Miles ($) Total Rate ($) Alhambra 7.6 0,013004471 864.86 1,664.57 2,529.44 Arcadia 10.93 0.018702482 864.86 - 2,393.92 3,258.78 Bell 2.74 0.004688454 864.86 600.12 - 1,464.99 Bell Gardens - 2.48 0.004243564 864.86 543.18 1,408.04 Bradbury 1.4 0.002395560 864.86 306.63 1,171.50 Burbank 17.35 0.0296878381 864.86 3,800.041 4,664.91 11.24 `000�100.0,000 Q00 " OO,o, `r t Odb Ca�'abasasf " 5S8 b 0000f0000 b bd 0;00 b:00 Carson 0.88 0.00150S781 864.86 192.74 1,057.60 Commerce 6.56 0.011224912 864.86 1,436.79 2,301.65 Comp,{on" -, S;6" O.00b00p0tl0 ib 00 17,b0 % ,,,l1vQ Cudahy 1.12 0.001916448 864.86 245.31 1,110.17 Downey 5.66 0.009684909 864.86 1,239.67 2,104.53 Duarte 2.31 0.003935564 864.86 503.75 1,368.62 Glendale 30.62 0.052394328 864.86 6,706.47 7,571.34 Hidden Hills. 1.57 0.002686450 864.86 343.87 1,208.73 Huntington Park 3.03 0.005184677 864.86 663.64 1,528.50 Irwindale 1.89 0.003234007 864.86 413.95 1,278.82 La Canada Flintridge 8.57 0.014664252 864.86 1,877.02 2,741.89 Lakewood 0.0844 0.0001444181 864.86 18.49 883.35 Long Beach 16,66 0.028507169 864.86 3,648.92 4,513.78 City of Los Angeles 281.44 0.481576087 864.86 61,641.741 62,506.60 Lynwood 4.85 0.008298906 864.86 1,062.261 1,927.12 Monrovia 10.34 0.017692925 864.86 2,264.69 3,129.56 Montebello 8.36 0.014304918 864.86 1,831.03 2,695.89 Monterey Park - 7.661 0.013107138 864.86 1,677.71 2,542.58 Paramount 4.34 0.007426237 864.86 950.56 1,815.42 Pasadena 22.7 0.038842301 864.86 4,971.81 5,836.68 Pico Rivera 3.12 0.005338677 864.86 683.35 1,548.22 Rosemead 5.14 0.008795129 864.86 1,125.78 - 1,990.64 San Fernando 2.41 0.004123786 864.86 527.84 1,392.71 San Gabriel 4.12 5.007049792 864.86 902.37 1,767.24 San Marino 3.76 0.006433791 864.86 823.53 1,688.39 Sierra Madre 2.99 0.005116233 864.86 654.88 1,519.74 Signal Hill 1.13 0.001933559 864.86 247.50 1,112.36 5oUth`El,lv)onte',,. 2a4 D00084,000,0 000 Or60'"'" M, s �0.0U South Gate 7.48 0.012799137 864.86 1,638.29 2,503.15 South Pasadena 3.43 0.005869123 864.86 751.25 1,616.11 Temple City 4.01 0.006861569 864.86 878.28 1,743.15 Vernon 5.08 0.006692462 864.86 1,112.64 1,977.50 Unincorporated LA County Areas 1 80.61 0.137932946 864.86 17,655.421 18,520.28 Total 1 584.41441 11 32,000.001 128,000.001 160,000.00 indicates no response or non -participation Exhibit B Los Angeles River Bacteria TMDL Ambient Monitoring Program Estimated Annual Cost of Monitoring Prepared by City of Los Angeles - Watershed Protection Division No. Sampling Total Cost Events Field Work Sites lcostperSitel per Month per Year Annual cost Grab Sampling: Main Stem (Segments A -El and Tributaries 16 $ 200.00 1 $ 3,200.00 12 $ 38,400.00 ELratory Analysis No. Samples (per yr)` Cost Per Sample" Annual cost oll lldexx Comert chromagenic substrate method) 216 $ 44.87 $ 9,691.82 Subtotal Z. y'o'i-'Z Equipment & Supplies Annual Cost Miscellaneous Consumables $ 2,000.00 Sterile Bottles and preservative $ 500.00 Program Management Annual Cost Supervision, Coordination w/ Lab, Data Management, Reporting, etc. (recurring costs) $ 20,000.00 Subtotal J cu,uuumu ....._y_..__ _, ..._ .. ....... ater ua I y easurements (pH, Temp, DO, Conductivity) 16 $ 50.00 $ 800.00 12 $ 9,600.00 Flow Measurements 16 $ 250.00 $ 4,000.00 12 $ 48,000.00 Total Annual Cost 1 $ 128,191.92 Program Management First Year Cost only Monitoring Plan and Quality Assurance Plan Development (onetime cost) Is 15,000.00 Reporting Template Setup (onetime cost) $ 5,000.00 Total One Time Program Cost 1 $ 20,000.00 Footnotes: ' The TMDL does not require water quality measurements (pH, temperature, Dissolved%, conductivity); cost is optional depending on Stakeholders' preference. "The TMDL does not explicitly require Flow Measurements; however, Flow Measurements would be necessary to calculate bacteria loads for each of the River segments and Tributaries. "The number of samples per year includes a Field Blank and Field Duplicate for each sample event. - dThe cost per sample could increase if the min/max reporting limits need to be expanded. For example, two Idexx test kits would be needed (per sample) to quantify bacteria concentrations between 1 MPN/300 mL and 2.4 Million MPN/100 mL. tAR eacterlo TMDL Ambient Monitoring - Draft Cost Estimate Revised 072312.x1s OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 11, 2013 Gateway Cities Council of Governments Attn: Genny Cisneros c/o Richard Powers, Executive Director 16401 Paramount Blvd. Paramount, CA 90723 Re: Memorandum of Agreement Regarding the Administration and Cost Sharing of the Coordinated Monitoring Plan for the Los Angeles River and Tributaries Bacteria TMDL Dear Ms. Cisneros: Transmitted herewith are two partially executed original agreements approved by City Council on February 5, 2013. Please ensure that a fully executed original memorandum of agreement 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, Deborah R. Juarez Records Management Assistant Enclosures c: Claudia Arellano S. Kevin Wilson Resolution No. 2013-25 Agreement No. 13-009 E#Iusively Industnaf 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 BACTERIA TMDL This Memorandum of Agreement ("Agreement") is made and entered into as of the date of the last signature set forth below by and between the Gateway Cities Council of Governments, a California joint powers authority ("GCCOG"), and the City of Vernon, a California municipal corporation ("City"); (hereinafter "Party" or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the GCCOG includes environmental planning and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, eighteen 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, and CALTRANS 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 Bacteria Total Maximum Daily Load (TMDL) in July of 2010, 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 is legally enforceable once incorporated into the National Pollutant Discharge Elimination System Permit for Waste Discharge Requirements for Municipal Storm Water. and Urban Runoff Discharges; and WHEREAS, this TMDL regulates the discharge of runoff from forty-two cities tributary to the Los Angeles River and the unincorporated areas of Los Angeles County and CALTRANS, herein referred to collectively as the "Regulated Entities" or singularly a "Regulated Entity", requiring a high degree of organization and cooperation from the local watershed agencies; and WHEREAS, this TMDL requires the preparation of a Coordinated Monitoring Plan ("CMP") and ongoing monitoring by the Regulated Entities once the CMP is approved by the Regional Board; and WHEREAS,, the Regulated Entities are also responsible for preparing Load Reduction Strategies (LRS) to reduce the amount of bacteria being discharged into the Los Angeles River and Tributaries and the Regulated Entities will retain responsibility for the preparation of the LRS, but will benefit from the monitoring information generated by the CMP, and WHEREAS, a Los Angeles River Bacteria 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, the Regulated Entities agree to.prepare a CMP by March 23, 2013, the adoption and initial funding of this Agreement will be by the Regulated Entities; and WHEREAS, the Regulated Entities agree to implement the CMP upon approval by the Regional Board; and WHEREAS, the CMP requires administrative services that the Regulated Entities desire the GCCOG to coordinate, including contracting for the development of both the draft and final CMP and other 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 implementation plan in Exhibit B of this Agreement; and WHEREAS, the GCCOG and the Regulated Entities agree to employ consultants as needed to prepare the CMP, and the Regulated Entities are willing to pay the consultants for their services through the GCCOG; and WHEREAS, from time to time, special studies will need to be conducted in support of the CMP and to evaluate Load Reduction Strategies; 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: 2 Section 1. Recitals. The recitals set forth above are fully incorporated as part of this Agreement. Section 2. Pumose. The purpose of this Agreement is to cooperatively fund the preparation of and 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 the scheduled final dry -weather TMDL deadline of March 23, 2028. Section 6. Coordinated Monitoring Plan. The Los Angeles River Bacteria TMDL CMP consists of: collection of samples, laboratory analysis, characterization, special studies, reporting, and other regulatory requirements. 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 A. The total CMP annual estimated implementation costs are represented in Exhibit B attached hereto and made a part of this Agreement by this reference. The GCCOG will 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. Costs are subject to change depending upon the number of participating Regulated Entities and recommendations of the Technical Committee based upon new or modified requirements of the Regional Board. Section 8. Role of the GCCOG. The GCCOG shall enter into a substantially and materially similar agreement with each of the Regulated Entities to effectuate the CMP, invoice and collect from the Regulated Entities the estimated amounts identified in Exhibit A. Section 9. Invoice and Payment. a) The GCCOG shall invoice each Regulated Entity not later than July 30, 2013. b) Delinquent Payments — A Regulated Entity's payment is considered to be delinquent 60 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 Technical Committee: 1) 3 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 Technical Committee will revise Exhibit A 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. c) 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 Technical Committee the amount of interest accrued by the CMP amount(s). d) Excess Funds — Any collected funds not spent in any annual period shall remain in the appropriate account and used for implementation of the CMP or special studies as directed by the Technical Committee. Section 10. Independent Contractor. a) The GCCOG is and shall at all times remain a wholly independent contractor for performance of the obligations described in this Agreement. The GCCOG officers, employees and agents performing such obligations shall at all times be under the GCCOG's exclusive control. The Regulated Entities shall not have control over the conduct of the GCCOG or any of its officers, employees or agents, except as set forth in this Agreement. The GCCOG, and its officers, employees, or agents are not and shall not be deemed to be employees of the Regulated Entities. b) No employee benefits shall be available to the GCCOG in connection with the performance of its obligations under this Agreement. The GCCOG is solely responsible for the payment of salaries, wages, other compensation, employment taxes, worker's compensation, or similar taxes for its employees for performing obligations hereunder. Section 11. 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 2 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 Parry responsible for liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined. Section 12. Termination of Agreement. Either Party may terminate this Agreement for any reason, in whole or part, by giving the other Parry 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. The remaining Regulated Entities shall be responsible for increasing their cost contribution proportionally based upon the land area as shown in Exhibit A. Section 13. 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: Richard Powers Executive Director 16401 Paramount Boulevard Paramount, California 90723 To City of Vernon: Mark Whitworth City Administrator 4305 Santa Fe Avenue Vernon, California 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. 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 the Party drafting it, or causing it to be prepared shall not apply. h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. i) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and constructed without the invalid, void, or unenforceable provision(s). j) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to both Parties to this Agreement. k) 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. 0 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: DATE: a Reed, Interim City Clerk APPRO ,TO FORM: ski; Nicho G. Rodriguez, City Attorney DATE: ATTEST: Richard Powers, Secretary CITY OF VERNON William J. Davis, Ma or GATEWAY CITIES COUNCIL OF GOVERNMENTS Gene Daniels, President 7 EXHIBIT A EXHIBIT A Year 2 Costs Bacteria TMDL Area in Square Miles Distribution Base Rate ($) Allocation on Square Mlles ($) Total Rate ($) Alhambra - 7.6 0.013004471 864.86 1,664.57 2,529.44 Arcadia 10.93 0.018702482 864.86 2,393.92 3,258.78 Bell - 2.74 0.004698454 864.86 600.12 1,464.99 Bell Gardens 2.48 0.004243564 864.86 543.18 1,408.04 Bradbury 1.4 0.002395560 864.86. 306.63 1,171.50 Burbank 17.35 0.029687838 `864,86 3,800.04 4,664.91 galtrahs*, 11,24 OOO,CfAbbo00, caPabdsas*;,e 558; , b,0b000,b00 ' a,,ODO Carson 0.88 0.001505781 864.86 192.74 1,057.60 Commerce - 6.56 0.011224912 864.86 1,436.79 2,301.65 C;omgo�*. obbboo,'obbb,r, Cudahy 1.12 0.001916448 864.86 245.31 1,110.17 Downey 5.66 0.009684909 964.86 1,239.67 2,104.53 Duarte 2.3 0.003935564 864.86 503.75 1,368.62 I`lvlgnXh*.,. s;J, oobtab�bboo '.:.obb . t. ' boa;"` Jy,` ;ob Glendale 30.62 0.052394328 864.86 6,706.47 7,571.34 Hidden Hills 1.57 0.002686450 864.86 343.87 1,208.73 Huntington Park - 3.03 0.005184677 864.86 663.64 1,528.56 Irwindale 1.89 0.003234007 864.86 413.95 1,278.82 La Canada Flintridge 8.57 0.014664252 864.86 1,877.02 2,741.89 Lakewood 0.0844 0.000144418 864.86 18.49 883.35 Long Beach 16.66 0.028507169 864.86 3,648.92 4,513.78 City of Los Angeles 281.44 0.481576087 864.86 61,641.74 62,506.60 Lynwood 4.85 0.008298906 864.86 1,062.26 1,927.12 YSiajnNb¢d. , s: E . 1:-8 o bbbooboo ,`,k <A`ob _ „ 3 ba. b " , . Monrovia 10.34 0.017692925 864.86 2,264.69 3,129.56 Montebello 8.36 0.014304918 864.86 1,831.03 2,695.89 Monterey Park 7.66 0.013107138 864.86 1,677.71 2,542.58 Paramount 4.34 0.007426237 864.86 950.56 1,815.42 Pasadena 22.7 0.038842301 864.86 4,971.811 5,836.68 Pico Rivera - 3.12 0.005338677 864.86 683.35 1,548.22 Rosemead 5.14 0.008795129 864.86 - 1,125.78 1,990.64 San Fernando 2.41 0.004123786 864.86 527.84 1,392.71 San Gabriel - 4.12 0.007049792 864.86 902.37 1,767.24 San Marino 3.76 0.006433791 864.86 823.53 -1,688.39 Sierra Madre 2.99 0.005116233 864.86 654.88 1,519.74 Signal Hill 1.13 0.001933559 864.86 247.50 1,112.36 SjS$,1 ws,�'SS ]jeY+IF !v .rr ,t, i%QUI ��')1�1u�lpG'.f.33 C.t 41 i_t �i \'f, g �.'4 South Gate - 7.48 0.012799137 864.86 1,638.29 2,503.15 South Pasadena 3.43 0.005869123 864.86 751.25 1,616.11 Temple City 4.01 0.006861569 864.86 878.28 1,743.15 Vernon 5.08 0.008692462 864.86 1,112.64 1,977.50 Unincorporated LA County Areas 1 80.61 0.137932946 864.86 17,655.42 18,520.28 Total 584.4144 1 32,000.00 128,000.00 160,000.00 • indicates no response or non -participation EXHIBIT B Exhibit B Los Angeles River Bacteria TMDL Ambient Monitoring Program Estimated Annual Cost of Monitoring Prepared by City of Los Angeles - Watershed Protection Division _ No. Sampling Total Cost Events Field Work - Sites Cost per Site per Month I per Year Annual cost Grab Sampling: Main Stem (Segments A-E) and Tributaries 16 $ 200.00 $ 3,200.00 1 12 $ 38,400.00 Subtotal S 38.400.00 Laboratory Analysis No. Samples (per yr)` Cost Per Sample" Annual cost E. coli (Idexx Colllert chromogenk substrate method) 216 1 $ 44.87 1 $ 9,691.92 Subtotal $ 9,691.92 Equipment & Supplies Annual Cost Miscellaneous Consumables $ 2,000.00 Sterile Bottles and preservative $ 500.00 Subtotal- S 21500.00 Program Management I Annual Cost Supervision, Coordination w/ Lab, Data Management, Reporting, etc. (recurring costs) Is 20,000.00 Subtotal $ 20,000.00 As Required by MS-4 Permit Water Quality Measurements' (pH, Temp, DO, Conductivity) 1 16 1 $ 50.00 $ 800.00 12 $ 9,600.00 Flow Measurements" 16 Is 250.00 1 $ 4,000.00 1 12 $ 48,000.00 Total Annual Cost Is 128,191.92 Program Management I First Year Cost only Monitoring Plan and quality Assurance Plan Development (onetime cost) $ 15,000.00 Reporting Template Setup (one time cost) $ 5,000.00 Total One Time Program Cost 1 $ 20,000.00 Footnotes: - ' The TMDL does not require water quality measurements (pH, temperature, Dissolved Cr, conductivity); cost is optional depending on Stakeholders' preference. s The TMDL does not explicitly require Flow Measurements; however, Flow Measurements would be necessary to calculate bacteria loads for each of the River segments and Tributaries. `The number of samples per year includes a Field Blank and Field Duplicate for each sample event. - °The cost per sample could Increase if the min/max reporting limits need to be expanded. For example, two Idexx test kits would be needed (per sample) to quantity bacteria concentrations between 1 MPN/300 mL and 2.4 Million MPN/100 mL. IAB Bacteria TMDL Ambient Monitoring- Draft Cost Estimate Revised 072312.xls FULLY EXECUTED AGREEMENT 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 BACTERIA TMDL This Memorandum of Agreement ("Agreement") is made and entered into as of the date of the last signature set forth below by and between the Gateway Cities Council of Governments, a California joint powers authority ("GCCOG"), and the City of Vernon, a California municipal corporation ("City"); (hereinafter "Party" or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the GCCOG includes environmental planning and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, eighteen 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, and CALTRANS 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 Bacteria Total Maximum Daily Load (TMDL) in July of 2010, 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 is legally enforceable once incorporated into the National Pollutant Discharge Elimination System Permit for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges; and WHEREAS, this TMDL regulates the discharge of runoff from forty-two cities tributary to the Los Angeles River and the unincorporated areas of Los Angeles County and CALTRANS, herein referred to collectively as the "Regulated Entities" or singularly a "Regulated "Entity", requiring a high degree of organization and cooperation from the local watershed agencies; and WHEREAS, this TMDL requires the preparation of a Coordinated Monitoring Plan ("CMP") and ongoing monitoring by the Regulated Entities once the CMP is approved by the Regional Board; and WHEREAS,, the Regulated Entities are also responsible for preparing Load Reduction Strategies (LRS) to reduce the amount of bacteria being discharged into the Los Angeles River and Tributaries and the Regulated Entities will retain responsibility for the preparation of the LRS, but will benefit from the monitoring information generated by the CMP, and WHEREAS, a Los Angeles River Bacteria 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, the Regulated Entities agree to prepare a CMP by March 23, 2013, the adoption and initial funding of this Agreement will be by the Regulated Entities; and WHEREAS, the Regulated Entities agree to implement the CMP upon approval by the Regional Board; and WHEREAS, the CMP requires administrative services that the Regulated Entities desire the GCCOG to coordinate, including contracting for the development of both the draft and final CMP and other 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 implementation plan in Exhibit B of this Agreement; and WHEREAS, the GCCOG and the Regulated Entities agree to employ consultants as needed to prepare the CMP, and the Regulated Entities are willing to pay the consultants for their services through the GCCOG; and WHEREAS, from time to time, special studies will need to be conducted in support of the CMP and to evaluate Load Reduction Strategies; 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: 2 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 preparation of and 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 the scheduled final dry -weather TMDL deadline of March 23, 2028. Section 6. Coordinated Monitoring Plan. The Los Angeles River Bacteria TMDL CMP consists of: collection of samples, laboratory analysis, characterization, special studies, reporting, and other regulatory requirements. 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 A. The total CMP annual estimated implementation costs are represented in Exhibit B attached hereto and made a part of this Agreement by this reference. The GCCOG will 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. Costs are subject to change depending upon the number of participating Regulated Entities and recommendations of the Technical Committee based upon new or modified requirements of the Regional Board. Section 8. Role of the GCCOG. The GCCOG shall enter into a substantially and materially similar agreement with each of the Regulated Entities to effectuate the CMP, invoice and collect from the Regulated Entities the estimated amounts identified in Exhibit A. Section 9. Invoice and Payment. a) The GCCOG shall invoice each Regulated Entity not later than July 30, 2013. b) Delinquent Payments — A Regulated Entity's payment is considered to be delinquent 60 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 Technical 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 Technical Committee will revise Exhibit A 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. c) 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 Technical Committee the amount of interest accrued by the CMP acount(s). d) Excess Funds — Any collected funds not spent in any annual period shall remain in the appropriate account and used for implementation of the CMP or special studies as directed by the Technical Committee. Section 10. Independent Contractor. a) The GCCOG is and shall at all times remain a wholly independent contractor for performance of the obligations described in this Agreement. The GCCOG officers, employees and agents performing such obligations shall at all times be under, the GCCOG's exclusive control. The Regulated Entities shall not have control over the conduct of the GCCOG or any of its officers, employees or agents, except as set forth in this Agreement. The GCCOG, and its officers, employees, or agents are not and shall not be deemed to be employees of the Regulated Entities. b) No employee benefits shall be available to the GCCOG in connection with the performance of its obligations under this Agreement. The GCCOG is solely responsible for the payment of salaries, wages, other compensation, employment taxes, worker's compensation, or similar taxes for its employees for performing obligations hereunder. Section 11. 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 ld 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 12. 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. The remaining Regulated Entities shall be responsible for increasing their cost contribution proportionally based upon the land area as shown in Exhibit A. Section 13. 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: Richard Powers Executive Director 16401 Paramount Boulevard Paramount, California 90723 To City of Vernon: Mark Whitworth City Administrator 4305 Santa Fe Avenue Vernon, California 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. 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 Govem; Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. g) No Presumption in Drafting. The Parties to this Agreement agree that the general rule that an Agreement is to be interpreted against the Party drafting it, or causing it to be prepared shall not apply. h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. i) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and constructed without the invalid, void, or unenforceable provision(s). j) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to both Parties to this Agreement. k) 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. 6i 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: DATE: c "Reed, City Clerk APPRTJrOFORM: NichAadG. Rodriguez, City Attorney DATE: Z y %20I3 ATTEST: Richard Powers, Secretary CITY OF VERNON William J. Davis, Ma or GATEWAY CITIES COUNCIL OF GOVERNMENTS Gene Danie s, President EXHIBIT A EXHIBIT A Year 1 Costs Bacteria TMDL Area in Square Miles Distribution Base Rate ($) Allocation on Square Miles ($) Total Rate ($) Alhambra 7.6 0.013004471 864.86 1,664.57 2,529.44 Arcadia 10.93 0.018702482 864.86 2,393.92 - 3,258.78 Bell - - 2.74 0.004688454 864.86 600.12 1,464.99 Bell Gardens 2.48 0.004243564 864.86 543.18 1,408.04 Bradbury 1.4 0.002395560 864.86 306.63 1,171.50 Burbank 17.35 0.0296878381 864.86 3,800.041 4,664.91 Caltrans*,. ; -11.24 0.0000,00000 IOAQ Calabasas' 5.58O10000d0000©000.OA0:0© Carson 0.88 0.001505781 864.86 192.74 1,057.60 Commerce - 6.56 0.011224912 864.86 1,436.79 2,301.65 Compton* _ 8.6 0`.000OAOOdO 0.00 -° 0.00 "�"-'.O.QO Cudahy 1.12 0.001916448 864.86 245.31 1,110.17 Downey - 5.66 0.009684909 864.86 1,239.67 2,104.53 Duarte 2.3 0.003935564 864.86 503.75 1,368.62 EI`Monte* - 6:9Z� O.000OQ0000 " Q.00 , ", 0,00 Glendale 30.62 0.052394328 864.86 6,706.47 7,571.34 Hidden Hills - 1.57 0.002686450 864.86 343.87 1,208.73 Huntington Park 3.03 0.005184677 864.86 663.64 1,528.50 Irwindale 1.89 0.003234007 864.36 413.95 1,278.82 La Canada Flintridge 8.57 0.014664252 864.86 1,877.02 2,741.89 Lakewood - 0.0844 0.000144418 864.861 18.49 883.35 Long Beach 16.66 0.028507169 864.86 3,648.92 4,513.78 City of Los Angeles 281.44 0.481576087 864.86 61,641.74 62,506.60 Lynwood 4.85 0.008298906 864.86 1,062.26 1,927.12 Maywood* 1.18 0.00I1000000 .Q.Of1 ,0QO Monrovia 10.34 0.017692925 864.86 2,264.69 3,129.56 Montebello 8.36 0.014304918 864.86 1,831.03 2,695.89 Monterey Park 7.66 0.0131071381 864.86 1,677.71 2,542.58 Paramount 4.34 0.007426237 864.86 950.56 1,815.42 Pasadena 22.7 0.038842301 864.86 4,971.81 5,836.68 Pico Rivera 3.12 0.005338677 864.86 683.35 1,548.22 Rosemead 5.14 0.008795129 864.86 1,125.78 1,990.64 San Fernando - 2.41 0.004123786 864.86 527.84 1,392.71 San Gabriel 4.12 0.007049792 864.86 902.371 1,767.24 San Marino 3.76 0.006433791 864.86 823.531 1,688.39 Sierra Madre 2.99 0.0051162331 864.86 654.88 1,519.74 Signal Hill 1.13 0.001933559 864.86 247.50 1,112.36 South EI Monte* 2.09 0.o00o00001) 6.00 0'.00 South Gate 7,48 0.012799137 864.86 1,638.29 2,503.15 South Pasadena 3.43 0.005869123 864.86 751.25 1,616.11 Temple City 4.01 0.006861569 864.86 878.28 1,743.15 Vernon 5.08 0.008692462 864.86 1,112.64 1,977.50 Unincorporated LA County Areas 80.61 - 0.137932946 864.86 17,655.42 18,520.28 Total 1 584.41441 11 32,000.001 128,000.001 160,000.00 * indicates no response or non participation EXHIBIT B Exhibit B Los Angeles River Bacteria TMDL Ambient Monitoring Program Estimated Annual Cost of Monitoring Prepared by City of Los Angeles - Watershed Protection Division No. Sampling I Total Cost Events Field Work Sites Cost per Site per Month I per Year Annual cost Grab Sampling:. Main Stem (Segments A-E) and Tributaries 16 $ 200.00 1 $ 3,200.00 1 12 $ 38,400.00 Subtotal 5 3R.400.00 Laboratory Analysis No. Samples (per yr)` Cost Per Sample° I Annual cost E. call (Idexx Colilent chromogenic substrate method) 216 $ 44.87 $ 9,691.92 Subtotal $ 9,691.92 Equipment & Supplies Annual Cost Miscellaneous Consumables $ 2,000.00 Sterile Bottles and preservative - $ 500.00 Subtotal S 2.500.00 Program Management Annual Cost Supervision, Coordination w/ Lab, Data Management, Reporting, etc. (recurring costs) $ 20,000.00 Subtotal $ 20,000.00 As Required by MS-4 Permit Water QualityMeasurements' (pH, Temp, Da, Conductivity) 16 $ 50.00 1 $ 800.00 12 $ 9,600.00 Flow Measurement? 16 Is 250.00 1 $ 4,000.00 1 12 $ 48,000.00 Total Annual Cost 1 $ 128,191.92 Program Management I First Year Cost only Monitoring Plan and Quality Assurance Plan Development (onetime cost) Is 15,000.00 Reporting Template Setup (onetime cost) $ 5,000.00 Total One Time Program Cost 1 $ 20,000.00 Footnotes: 'The TMDL does not require water quality measurements (pH, temperature, Dissolved 0„ conductivity); cost is optional depending on Stakeholders' preference. - s The TMDL does not explicitly require Flow Measurements; however, Flow Measurements would be necessary to calculate bacteria loads for each of the River segments and Tributaries. `The number of samples per year includes a Field Blank and Field Duplicate for each sample event. °The cost per sample could increase if the min/max reporting limits need to be expanded. For example, two Idexx test kits would be needed (per sample) to quantify bacteria concentrations between 1 MPN/100 mL and 2.4 Million MPN/100 mL. LAR Bacteria TMDL Ambient Monitoring - Draft Cost Estimate Revised 072312.x1s JAN 2 9 2013 STAFF REPORT RECEIVED JAN 2 8 2013 CITY ADMAN CITY CLERKS OMMMUNITY SERVICES & WATER DEPARTMENT DATE: February 5, 2013 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: RECOMMENDATION TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS REGARDING THE IMPLEMENTATION OF THE LOS ANGELES RIVER AND TRIBUTARIES BACTERIA TMDL COORDINATED MONITORING PLAN Recommendation It is recommended the City Council find that the proposed agreement with Gateway Cities Council of Governments (GCCOG) regarding the implementation of the Los Angeles River and Tributaries Bacteria Total Maximum Daily Load (TMDL) Coordinated Monitoring Plan (CMP) is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. It is further recommended that the City Council enter into a Memorandum of Agreement (MOA) with GCCOG for monitoring, administration and cost sharing of the Los Angeles River and Tributaries Bacteria TMDL CMP and authorize the Mayor to execute the MOA. The City of Vernon's estimated cost share for Year 1 is $2000 (see Exhibit A). The term of the MOA is through March 23, 2028 however, future cost increases will need to be reviewed and approved by the City Council. BackL,round On July 9, 2010, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted the Los Angeles River and Tributaries Bacteria TMDL which requires all Los Angeles River watershed cities and agencies to develop a CMP (see attached). The purpose of the CMP is to assess the amount of bacteria pollutants in the Los Angeles River and its tributaries. The CMP must be prepared and submitted to the Regional Board by March 23, 2013. Monitoring is to begin upon approval of the CMP by the Regional Board. Forty-three (43) agencies and Caltrans have jurisdiction over lands that are tributary to the Los Angeles River, which extends from headwaters at the westernmost end of the San Fernando Valley and the foothills of the San Gabriel Mountains to the Los Angeles River estuary that begins at Willow Street in Long Beach. Thirty-seven (37) municipalities have indicated their intent to enter into an MOA with the GCCOG to share the cost to prepare and implement the CMP. The City of Vernon previously entered into a substantially similar monitoring agreement with the GCCOG for the Los Angeles River Metals TMDL CMP. The cost sharing as outlined in Exhibit A reflects the non -participants. Over the years, water quality in rivers, streams and lakes has been impaired by pollutants from a variety of sources. However since the signing of the Federal Clean Water Act (CWA) in 1972, water quality has improved greatly, primarily through regulation of point source discharges. Although great efforts have been made in restoring our state's water quality, there are still impaired water bodies that need attention. Restoring water quality is crucial in maintaining a healthy environment and ensuring the sustainability of such water bodies. Several segments of the Los Angeles River have been identified by the California Regional Water Quality Control Board (RWQCB) as having exceeded water quality objectives for bacteria. For this reason, the Clean Water Act requires a TMDL be developed to restore the impaired waterbodies to their full beneficial uses. This TMDL became enforceable upon the adoption of the Los Angeles County area MS4 permit on November 8, 2012. The numeric targets are based on a single type of bacteria (E. coli), and set as 235 MPN/100 ml for single samples and 126 MPN/100 ml as a geometric mean. The term of the TMDL extends until March 23, 2028 for dry -weather compliance; therefore this MOA extends only through March 23, 2028. (Note: the term of the wet -weather compliance period has not been established, so this MOA may require amending when this requirement is determined.) Participating cities may withdraw from this MOA at any time with 30 days' notice. The City of Los Angeles has provided a Scope of Services for this Bacteria TMDL CMP and is attached as Exhibit B to the MOA. The total annual costs will be approximately $140,000 which includes monitoring and the GCCOG's administrative costs. There is also a one-time setup cost of approximately $20,000 as the automated sampling devices will require some modifications and CMP preparation. Independent of this CMP is the development of a Load Reduction Strategy in which each city or group of cities develop a plan to implement activities aimed at reducing the amount of bacteria in runoff. This Load Reduction Strategy is outside the scope of the CMP and individual cities or groups of cities will retain responsibility for this requirement. For the purpose of the Load Reduction Strategies, the watershed has been divided into five main river channel segments and five major tributaries. The cities discharging runoff between Figueroa Street to Rosecrans Avenue (Segment B/upper and middle Reach 2) are in the first phase and will need to prepare their Load Reduction Strategy by September 2014, while cities near the headwaters will be in the last phase and will not have to prepare their Load Reduction Strategy until March 2021. The City of Vernon is part of Segment B/Reach 2 and therefore is in the first phase of implementation. The City of Los Angeles, under a previous agreement with the GCCOG, has been satisfactorily conducting Los Angeles River Metals TMDL CMP activities for the past 3 years and has provided a cost estimate for adding Los Angeles River Bacteria TMDL CMP activities. The Los Angeles River TMDL Technical and Steering Committees, which are comprised of agency representatives, have approved and are recommending the City of Los Angeles as the CMP contractor. Since the CMP will require administration, invoicing of participating local agencies, bill payments and auditing the Cities and in order to expedite the preparation of this plan and collection of the samples the GCCOG has agreed to provide administrative services to the participating agencies to facilitate the successful implementation of the CMP. As part of the MOA, participating agencies agree to share in fully funding the costs of the CMP, including those costs incurred by the GCCOG in administering this MOA, based on the cost allocation formula contained in Exhibit A of the MOA. The total CMP annual estimated implementation costs are represented in Exhibit B of the MOA. Execution and Activation of the CMP A¢reement Representatives from 37 participating cities and agencies have verbally or electronically affirmed their intent to participate in this CMP. Caltrans has previously participated in similar cost sharing agreements, but is under a new statewide permit and has not indicated their intent to participate in this agreement. Two cities have indicated they will not participate and three other agencies have not indicated their intent and are considered non -participatory. These non -participating cities are being re -contacted by the GCCOG. Fiscal Impact The estimated fiscal year budget for 2013-14 for this CMP is shown in Exhibit A. The City of Vernon's estimated cost share for Year 1 is $2000. The first invoice is due no later than July 31, 2013, with the understanding that all agencies will execute the agreement no later than March 31, 2013. Subsequent annual invoices will be due no later than July 31"of each year however, future cost increases will need to be reviewed and approved by the City Council. SK W/ca Enclosures COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark C. Whitworth, City Administrator !J FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: January 28, 2013 SUBJECT: RECOMMENDATION TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS REGARDING THE IMPLEMENTATION OF THE LOS ANGELES RIVER AND TRIBUTARIES BACTERIA TMDL COORDINATED MONITORING PLAN On July 9, 2010, the Los Angeles Regional Water Quality Control Board adopted the Los Angeles River and Tributaries Bacteria Total Maximum Daily Load (TMDL) which requires all Los Angeles River watershed cities and agencies to develop a Coordinated Monitoring Plan (CMP). The purpose of the CMP is to assess the amount of bacteria pollutants in the Los Angeles River and its tributaries. The CMP must be prepared and submitted to the Regional Board by March 23, 2013. Monitoring is to begin upon approval of the CMP by the Regional Board. Attached herewith is a Staff Report recommending to the City Council to enter into a Memorandum of Agreement with GCCOG to implement the Los Angeles River and Tributaries Bacteria TMDL CMP. The City of Vernon's estimated cost share for Year 1 is $2000. Please place this item on the February 5, 2013 City Council agenda. Thank you. SK W/ca Enclosure 0 Water Boards Los Angeles Regional Water Quality Control Board TO: Stakeholders and Maximum DailYa FROM: L.B.1, Chief, DATE: April 11, 2012 'N�N'F EOMUNP G. Enelwr JN. eaV HOP 0 MAmNw ePlausx eF .'. seP MVIMXMURM VPoxxOrpN Parties of the Los Angeles River Watershed Bacteria Total SUBJECT: NOTIFICATION OF EFFECTIVE DATE — TOTAL MAXIMUM DAILY LOAD FOR BACTERIA IN LOS ANGELES RIVER WATERSHED The Los Angeles Regional Water Quality Control Board (Regional Board) hereby notifies all stakeholders and responsible parties identified in the Los Angeles River Watershed Bacteria Total Maximum Daily Load (TMDL) that the TMDL is in effect gs of March 23, 2012 upon approval by the United States Environmental Protection Agency, Region IX after approval by the State Water Resources Control Board on November 1, 2011 (SWRCB Resolution No. 2011-0056) and the Office of Administrative Law on March 21, 2012 (OAL File No. 2012-0215-04C). The requirements of this Bacteria TMDL are detailed in the Regional Board Resolution R10-017, and Attachment A, Amendment to the Water Quality Control Plan Los Angeles Region (Basin Plan Amendment). The CEQA Filing Fee was paid to the California Department of Fish and Game. The Notice of Decision, the Resolution, and the Basin Plan Amendment have been filed with the California Resources Agency on April 5, 2012, and the relevant documents are available at the Regional Board website at: http://www.waterboards.ca.gov/losangeles/watpr_issues/programs/tmdYtmdl_list. shtml. The TMDL requires responsible parties to implement tasks adhering to the schedules provided in Basin Plan Amendment, which describe the compliance requirements. Responsible parties shall submit a Bacteria Coordinated Monitoring Plan (CMP) no later than one year after the effective date of the TMDL. Based on the effective date of March 23, 2012, the CMP must be received no later than March 23. 2013. Six months after approval of the CMP, responsible parties shall conduct ambient water quality monitoring set forth in the CMP. Other requirements and milestones are listed in Attachment A to Regional Board. Resolution R10-017. Please feel free to contact Mr. Man Voong at (213) 576-6690 or mvoonena,waterboards.ca.gov or Dr. L.B. Nye at (213) 576-6785 or lnye@.waterboaTds.ca.gov with any questions, ' We look .forward to working with stakeholders and all responsible parties toward the successful implementation of this Bacteria TMDL. MARIA MENRANIAN, CHAIR I SAMUEL UNDER, EXECUIIVII OFFICER 320 West 4th St., Suite 200, Loa Angeles, CA g00ia I www.w terboards.oa.govtiosengelee Li ... 1C1eo PAVCP