Resolution No. 2013-053RESOLUTION NO. 2013-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY
r
REGLONAL.WATER MANAGEMENT JOINT POWERS AUTHORITY
AND THE CITIES OF.BELL, BELL GARDENS, COMMERCE,
CUDAHY, HUNTINGTON PARK, MAYWOOD, VERNON AND THE
LOS'ANGELES COUNTY FhOOD CONTROL DISTRICT FOR
ADMINISTRATION AND COST SHARING RELATING TO A
WATERSHED MANAGEMENT PROGRAM AND COORDINATED
1NTEGRATED MONITORING PROGRAM
WHEREAS, on November 8, 2012, the Los Angeles Regional Water
Quality Control Board ("RWQCB") approved the new National Pollutant
Discharge Elimination System ("NPDES") permit for waste discharge
requirements for Municipal Separate Storm Sewer System (MS4) discharges
within the Coastal Watersheds of Los Angeles County, except those
discharges originating from the City of Long Beach ("MS4 Permit"); and
WHEREAS, on April 16, 2013, the City Council authorized staff
to participate in a Watershed Management Program in cooperation with
neighboring cities and administered by the Los Angeles Gateway Regional
Water Management Joint Powers Authority ("GWMA"); and
WHEREAS, the cities of Bell, Bell Gardens, Commerce, Cudahy,
Huntington Park, Maywood, and Vernon and the Los Angeles County Flood
Control District (the "Watershed Permittees") are members of the Los
Angeles River Upper Reach 2 Sub Watershed Committee; and
WHEREAS, by memorandum dated June 4, 2013, the Director of
Community Services and Water has recommended that the City Council
authorize the City Administrator to enter into a Memorandum of
Understanding ("MOU") between GWMA and the Watershed Permittees for
administration and cost sharing to prepare a Watershed Management
Program (WMP) Plan and Coordinated Integrated Monitoring Program (CIMP)
0529131100
Plan as required by the RWQCB, NPDES MS4 Permit Order No. R4-2012-0175
(Permit); and
WHEREAS, the City of Vernon's estimated cost share for the
WMP Plan and CIMP Plan is $135,000.00; and
WHEREAS, the City Council of the City of Vernon desires to
approve to MOU between GWMA and the Watershed Permittes.
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 above recitals 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
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
authorizes the City Administrator to enter into the MOU between the
GWMA and the Watershed Permittees, 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 City Administrator to execute said MOU 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
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0529131100
to, any non -substantive changes to the Agreement attached herein.
SECTION 6: The City Council of the City of Vernon hereby
authorizes the Director of Community Services and Water to execute the
Notice of Intent, in substantially the same form as the copy which is
attached hereto as Exhibit B, as required by the RWQCB NPDES MS4
Permit.
SECTION 7: 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 MOUs to:
Grace J. Kast, Executive Officer
GWMA
16401 Paramount Blvd.
Paramount, CA 90723
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0529131100
SECTION 8: The Interim City Clerk, or Deputy City Clerk, of
the City of Vernon shall certify to the passage, approval and adoption
of this resolution, and the Interim City Clerk, or Deputy City Clerk,
of the City of Vernon shall cause this resolution and the Interim City
Clerk's, or Deputy City Clerk's, certification to be entered in the
File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 4th day of June, 2013.
Name: W. Michael.. mcCormick
Title: Mayor
ATTES
lima -Reed
Interim City Clerk
APPROVED AS TO FORM:
Nicholas G. Rodriguez, City Attorney
By: Scott E. Porter, Deputy City Attorney
- 4 -
0529131100
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Dada Reed Interim City Clerk /---B of
the City of Vernon, do hereby certify that the foregoing Resolution,
being Resolution No. 2013-53, 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, June 4, 2013, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of June, 2013, at Vernon, California..
1A in
Dana Reed.
Interim City Clerk /
(SEAL)
0529131100
I
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTON PARK,
MAYWOOD, VERNON, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR ADMINISTRATION AND COST SHARING TO PREPARE A WATERSHED
MANAGEMENT PROGRAM ("WMP") and COORDINATED INTEGRATED
MONITORING PROGRAM("LIMP") AS REQUIRED BY THE REGIONAL WATER
QUALITY CONTROL BOARD, LOS ANGELES REGION, NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER
SYSTEM PERMIT ORDER NO. R4-2012-0175 MUNICIPAL SEPARATE STORM SEWER
SYSTEM ("MS4 PERMIT")
This memorandum of understanding ("MOU") is made and entered into as of
the date of the last signature set forth below, by and between the Los Angeles
Gateway Region Integrated Regional Water Management Joint Powers Authority
("GWMA"), a California Joint Powers Authority, and the Cities of Bell, Bell Gardens,
Commerce, Cudahy, Huntington Park, Maywood, Vernon ("Cities"), and the Los
Angeles County Flood Control District ("District"):
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and
management of water resources within its area; and
WHEREAS, the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington
Park, Maywood, and Vernon manage and drain stormwater into at least a portion of
the Los Angeles River Upper Reach 2 Sub Watershed ("LAR UR 2 Sub Watershed");
and
WHEREAS, the Los Angeles County Flood Control District owns and operates
more than ninety percent (90%) of the storm drains in the Reach 2 Sub Watershed;
WHEREAS, for the purposes of this MOU, the term "Watershed Permittees"
shall mean the cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington Park,
Maywood, Vernon, and the Los Angeles County Flood Control District; and
WHEREAS, the Watershed Permittees and the GWMA are collectively
referred to as the "Parties"; and
WHEREAS, the MS4 Permit became effective on December 28, 2012 and
allows Permittees to prepare, adopt, and implement a Watershed Management
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Program ("WMP"), and a Coordinated Integrated Monitoring Program ("CIMP"),
collectively "the Plans," in compliance with certain elements of the MS4 Permit; and
WHEREAS, the Watershed Permittees have elected to prepare and adopt, the
Plans in compliance with certain elements of the MS4 Permit; and
WHEREAS, preparation of the Plans requires administrative coordination for
the Watershed Permittees that the GWMA can provide; and
WHEREAS, the Watershed Permittees created the LAR UR 2 Sub Watershed
Committee, consisting of at least one representative from each of the Watershed
Permittees, to assist the GWMA in coordinating the preparation and submission of
the Plans to be presented to the California Regional Water Quality Control Board,
Los Angeles Region, on behalf of the Watershed Permittees; and
WHEREAS, the Parties desire to collaboratively prepare a final Scope of Work
and Request for Proposals to obtain a Consultant to assist the Parties with
preparation and adoption of the Plans; and
WHEREAS, the Parties have determined that authorizing GWMA to hire a
consultant to prepare and deliver the Plans will be beneficial to the Parties; and
WHEREAS, the Parties have determined that the costs of preparing the Plans
and other related costs to be incurred by the GWMA should be paid by the
Watershed Permittees based on the proportional costs ("Proportional Costs")
reflected in Exhibit A.
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 MOU.
Section 2. Purpose. The purpose of this MOU is to cooperatively support
and undertake. preparation of the Plans and any additional services agreed to by the
Watershed Permittees working through the LAR UR 2 Sub Watershed Committee
and as approved by the GWMA. This MOU does not include services related to the
implementation of the Plans and required monitoring, and the Parties will enter into
an amendment to the MOU if they desire to collectively provide such services.
Section 3. Cooperation. The Parties shall fully cooperate with one
another to achieve the purposes of this MOU.
Section 4. Voluntary Nature. The Parties voluntarily enter into this MOU.
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Section 5. Binding Effect. This MOU shall become binding on GWMA and
the Watershed Permittees that execute this MOU.
Section 6. Term. This MOU shall remain and continue in effect until
July 1, 2023, unless sooner terminated as provided herein.
Section 7. LAR UR 2 Sub Watershed Committee Representative. The LAR
UR 2 Sub Watershed Committee shall appoint a representative ("Representative")
who can speak for the Watershed Permittees on decisions to be made by the LAR UR
2 Sub Watershed.
Section 8. Role of the GWMA. The GWMA will contract with and serve as
a conduit for paying the Consultants as approved by the Watershed Permittees. The
consultant or consultants ("Consultant") shall prepare the Plans and any other plans
and/or projects that the Watershed Permittees determine are necessary and the
costs of which the Watershed Permittees agree through the Representative to pay.
Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Proportional Costs as
provided in Exhibit A for Consultant and any other related expenses to
which the Parties may agree in writing.
b) Each Watershed Permittee shall also pay its proportional share of
GWMA's staff time for retaining a Consultant and invoicing the
Watershed Permittees, audit expenses and other overhead costs,
including legal fees ("MOU Costs") incurred by GWMA in the
performance of its duties under this MOU. GWMA shall add a
percentage not to exceed three percent (3%) to each invoice
submitted to each Watershed Permittee to cover each Watershed
Permittee's share of the MOU Costs. The MOU Costs percentage shall
be set each fiscal year by a vote of the Policy Board.
c) GWMA shall submit an invoice to each Watershed Permittee upon
selection of a Consultant reflecting each Watershed Permittee's
estimated Proportional Costs of the Consultant's services through the
following June 30 or December 31, whichever date is earlier. Prior to
releasing payment to Consultant, GWMA shall submit a copy of the
Consultant's invoice to the LAR UR 2 Sub Watershed Committee for
approval. The decision on whether to pay the invoice shall be
communicated to the GWMA by the Representative.
d) Upon receiving the first and each subsequent invoice, each Watershed
Permittee shall pay its Proportional Costs to the GWMA within forty-
five days (45) days of receipt.
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e) Each year, commencing June 15, 2013, the LAR UR 2 Sub Watershed
Committee shall recommend to GWMA a budget for the following
year. GWMA shall consider the recommendation and adopt a budget
by June 30th inclusive of the LAR UR 2 Sub Watershed Committee's
recommendation. GWMA will send each Watershed Permittee no
later than December 1 and May 1 of each year an invoice representing
the Watershed Permittee's Proportional Costs of the adopted budget.
GWMA shall not expend funds in excess of the budgeted amount
without prior notification to and approval by the LAR UR 2 Sub
Watershed Committee.
f) A Watershed Permittee will be delinquent if the requested payment is
within the budgeted amounts or the amounts authorized by the LAR
UR 2 Sub Watershed Committee and such payment is not received by
the GWMA within forty-five (45) days after first being invoiced by the
GWMA. The GWMA will follow the procedure listed below, or such
other procedure that the LAR UR 2 Sub Watershed Committee directs
to effectuate payment: 1) verbally contact the official of the
Watershed Permittee with copies to each other Watershed Permittee
to the person and at the address to which notices should be addressed
pursuant to Section 13 of the MOU, and 2) submit a formal letter from
the GWMA Executive Officer to the Watershed Permittee. If payment
is not received within sixty (60) days following the due date, the
GWMA may terminate the MOU unless the City Managers/
Administrators of the Watershed Permittees in good standing inform
the GWMA in writing that their respective Watershed Permittees
agree to adjust their Proportional Cost allocations in accordance with
the Cost Share Formula in Exhibit A. The terminated Watershed
Permittee shall remain obligated to GWMA for its delinquent
payments and any other obligations incurred prior to the date of
termination.
g) GWMA shall suspend all work being performed by any Consultant
retained by GWMA if any Watershed Permittee has not paid its invoice
within forty five (45) of receipt unless the City Managers/
-Administrators of the other Watershed Permittees inform the GWMA
in writing that their respective Watershed Permittees will pay the
delinquent Watershed Permittee's costs once the MOU with the
delinquent Watershed Permittee has been terminated.
h) Any delinquent payments by a Watershed Permittee shall accrue
compound interest at the then -current rate of interest in the Local
Agency Investment Fund, calculated from the first date of delinquency
until the payment is made.
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i) Funds remaining in the possession of the GWMA at the end of the
term of this MOU, or at the termination of this Agreement, whichever
occurs earlier, shall be promptly returned to the then remaining
Watershed Permittees in accordance with the Cost Share Formula in
Exhibit A.
Section 10. Notice of Intent Letter. Pursuant to Section V.C.4.b (page 55) of
the MS4 Permit, the Watershed Permittees agree to jointly draft, execute and submit
to the Regional Board by June 28, 2013, a "Notice of Intent" letter that complies with
all applicable MS4 Permit provisions.
Section 11. Independent Contractor.
a) The GWMA is, and shall at all times remain, a wholly independent
contractor for performance of the obligations described in this MOU.
The GWMA's officers, officials, employees and agents shall at all times
during the Term of this MOU be under the exclusive control of the
GWMA. The Watershed Permittees cannot control the conduct of the
GWMA or any of its officers, officials, employees or agents. The
GWMA and its officers, officials, employees, and agents shall not be
deemed to be employees of the Watershed Permittees.
b) The GWMA is solely responsible for the payment of salaries, wages,
other compensation, employment taxes, workers' compensation, or
similar taxes for its employees and consultants performing services
hereunder.
Section 12. Indemnification and Insurance.
a) The GWMA shall include in the agreements with the Consultants an
indemnification clause requiring the Consultants to defend, indemnify
and hold harmless each of the Watershed Permittees and the GWMA,
and their officers, employees, and agents, from and against any and all
liabilities, actions, suits, proceedings, claims, demands, losses, costs,
and expenses, including legal costs and attorney's fees, for injury to or
death of person(s), for damage to property (including property owned
by the GWMA or any Watershed Permittee) resulting from negligent
or intentional acts, errors and omissions committed by Consultants,
and their officers, employees, and other representatives and agents,
arising out of or related to Consultants' performance under this MOU.
b) Each Watershed Permittee shall defend, indemnify and hold harmless
the GWMA and each other Watershed Permittee and their officers,
employees, and other representatives and agents from and against
any and all liabilities, actions, suits, proceedings, claims, demands,
losses, costs, and expenses, including legal costs and attorney's fees,
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for injury to or death of person(s), for damage to property (including
property owned by the GWMA and any Watershed Permittee) for
negligent or intentional acts, errors and omissions committed by that
Watershed Permittee, its officers, employees, and agents, arising out
of or related to that Watershed Permittee's performance under this
MOU, except for such loss as may be caused by GWMA's or any other
Watershed Permittee's gross negligence or intentional acts or the
gross negligence or intentional acts of its officers, employees, or other
representatives and agents other than the Consultants.
c) The GWMA shall defend, indemnify and hold harmless the Watershed
Permittees, their officers, employees, and other representatives and
agents of the Watershed Permittees, from and against any and all
liabilities, actions, suits, proceedings, claims, demands, losses, costs,
and expenses, including legal costs and attorney's fees, for injury to or
death of person(s), for damage to property (including property owned
by the Watershed Permittees) and for negligent or intentional acts,
errors and omissions committed by GWMA, its officers, employees,
and agents, arising out of or related to GWMA's performance under
this MOU.
d) Consultant's Insurance. The GWMA shall require the Consultants to
obtain and maintain, throughout the term of their contracts with the
GWMA, insurance as provided in Exhibit B.
e) GWMA makes no guarantee or warranty that the reports prepared by
GWMA and its Consultant shall be approved by the relevant
governmental authorities. GWMA shall have no liability to the
Watershed Permittees or any of them for the negligent or intentional
acts or omissions of GWMA's Consultants. The Watershed Permittees'
sole recourse for any negligent or intentional act or omission of the
GWMA's Consultant shall be against the Consultant and its insurance.
Section 13. Withdrawal: Termination.
a) A Watershed Permittee may withdraw from this MOU for any reason,
or no reason, by giving the other Watershed Permittees thirty (30)
days written notice thereof. The effective withdrawal date shall be
the thirtieth (30th) day after GWMA receives the withdrawing
Watershed Permittee's notice to withdraw from the MOU. The
withdrawing Watershed Permittee shall be responsible for its
Proportional Costs and proportional MOU Costs, which'the GWMA
incurred or to which it became bound through the effective date of
withdrawal. Such MOU Costs'shall include the remaining fees of any
Consultant retained by the GWMA through the effective date of
withdrawal. Should any Watershed Permittee withdraw from the
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MOU, the remaining Watershed Permittees' Proportional Cost
allocation shall be adjusted in accordance with the Cost Share
Formula in Exhibit A. A withdrawing Watershed Permittee shall
remain liable for any loss, debt, liability otherwise incurred while
participating in this MOU. If, after paying any such loss, debt, liability,
its Proportional Costs and its proportional MOU Costs incurred
through the effective date of withdrawal, a withdrawing Watershed
Permittee has any unspent deposit remaining in the possession of the
GWMA, GWMA shall promptly return such unspent deposit to the
withdrawing Watershed Permittee.
b) The GWMA may, with a two-thirds (2/3) vote of the full Policy Board,
terminate this MOU upon not less than thirty (30) days notice,
effective on May 1 or December 1 of each year.
Section 14. Miscellaneous.
a) Notices. All Notices which any Party is required or desires to give
hereunder shall be in writing and shall be deemed given when
delivered personally or three (3) days after mailing by registered or
certified mail (return receipt requested) to the following address or as
such other addresses as the Parties may from time to time designate
by written notice in the aforesaid manner:
To GWMA:
To the Watershed:
Permittees:
Ms. Grace Kast
GWMA Executive Officer
c/o Gateway Cities Council of
Governments
16401 Paramount Boulevard
Paramount, CA 90723
Mr. Doug Willmore
City Manager
6330 Pine Avenue
Bell, CA 90201
Mr. Phillip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
Mr. Jorge Rifa
City Administrator
2535 Commerce Way
Commerce, CA 90040
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Mr. Hector Rodriquez
City Manager
5220 Santa Ana Street
Cudahy, CA 90201
Mr. Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park, CA 90255
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
Los Angeles County Flood Control District
b) Separate Accounting and Auditing. The GWMA will establish a
separate account to track revenues and expenses incurred by the
GWMA on behalf of the Watershed Permittees. Any LAR UR 2
Watershed Permittee may, upon five (5) days written notice, inspect
the books and records of the GWMA to verify the cost of the services
provided and billed by GWMA. GWMA shall prepare and provide to
the Watershed Permittees annual financial statements and audits,
after review and approval by the LAR UR 2 Sub Watershed
Committee.
c) Amendment. The terms and provisions of this MOU may not be
amended, modified or waived, except by a written instrument signed
by all Parties and approved by all Parties as substantially similar to
this MOU.
d) Waiver. Waiver by either the GWMA or a Watershed Permittee of any
term, condition, or covenant of this MOU shall not constitute a waiver
of any other term, condition, or covenant. Waiver, by the GWMA or a
Watershed Permittee, to any breach of the provisions of this MOU
shall not constitute a waiver of any other provision or a waiver of any
subsequent breach of any provision of this MOU.
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e) Law to Govern: Venue. This MOU shall be interpreted, construed, and
governed according to the laws of the State of California. In the event
of litigation between the Parties, venue shall lie exclusively in the
County of Los Angeles.
f) No Presumption in Drafting. The Parties to this MOU agree that the
general rule that an MOU is to be interpreted against the Parties
drafting it, or causing it to be prepared, shall not apply.
g) Severability. If any term, provision, condition or covenant of this MOU
is declared or determined by any court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions of this MOU
shall not be affected thereby and this MOU shall be read and
construed without the invalid, void, or unenforceable provisions(s).
h) Entire Agreement. This MOU 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) Counterparts. This MOU 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 all
Parties to this MOU.
j) Legal Representation. All Parties have been represented by counsel in
the preparation and negotiation of this MOU. Accordingly, this MOU
shall be construed according to its fair language.
k) Agency Authorization. Each of the persons signing below on behalf of
the Parties represents and warrants that he or she is authorized to
sign this MOU on their respective behalf.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
Christopher S. Cash
GWMA Chair
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively, as follows:
DATE:
CITY OF BELL
Mr. Doug Willmore
City Manager
6330 Pine Avenue
Bell, CA 90201
Doug Wilmore, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk
City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF BELL GARDENS
Mr. Phillip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
Phillip Wagner, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF COMMERCE
Mr. Jorge Rifa
City Administrator
2535 Commerce Way
Commerce, CA 90040
Jorge Rifa, City Administrator
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF CUDAHY
Mr. Hector Rodriguez
City Manager
5220 Santa Ana Street
Cudahy,CA 90201
Hector Rodriguez, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF HUNTINGTON PARK
Mr. Rene Bobadilla, P.E.
City Manager
655.0 Miles Avenue
Huntington Park, CA 90255
Rene Bobadilla, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF MAYWOOD
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
Lilian Myers, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
ATTEST:
CITY OF VERNON
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
Mark Whitworth, City Administrator
APPROVED AS TO FORM:
Dana Reed Scott E. Porter
Interim City Clerk Deputy City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT
900 South Fremont Street
Alhambra, CA 91803
NAME OF SIGNER
ATTEST: APPROVED AS TO FORM:
TITLE -
TITLE
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EXHIBIT A
The Watershed Permittees and the District agree to pay for the cost of
preparation of a WMP and CIMP. The District will pay ten percent (10%) of the cost
of the WMP and CIMP. Each Watershed Permittee shall pay an equal one seventh
(1/7th) share of forty-five percent (45%) of the cost of the WMP and CIMP and each
Watershed Permittee shall pay its pro-rata share of forty-five percent (45%) of the
cost of the WMP and CIMP at the cost sharing allocation percentage provided in
Table 1.
TABLE 1
COST SHARING ALLOCATION
FOR FORTY-FIVE PERCENT OF WMP COST
Watershed
Permittee
Land Area
miz
Cost Allocation
Percentage
Bell
2.64
11.90
Bell Gardens
2.49
11.22
Commerce
6.57
29.61
Cudahy
1.12
5.05
Huntington Park
3.03
13.65
Maywood
1.18
5.32
.Vernon
5.16
23.25
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EXHIBIT B
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated and effective [MONTH]
[DAY], [YEAR], and is between the Los Angeles Gateway Region Integrated Regional
Water Management Authority also referred to as the Gateway Water Management
Authority ("GWMA") and [CONSULTANT'S LEGAL NAME], a [CALIFORNIA
CORPORATION/CALIFORNIA LIMITED LIABILITY COMPANY/CALIFORNIA
LIMITED PARTNERSHIP/SOLE PROPRIETORSHIP, ETC.] ("Consultant").
RECITALS
A. GWMA has entered into a Memorandum of Understanding between the Los
Angeles Gateway Region Integrated Reional Water Management Joint Powers
Authority and the Cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington
Park, Maywood, Vernon and Los Angeles County Flood Control District for
Administration and Cost Sharing to Prepare a Watershed Management Program
("WMP") and Coordinated Integrated Management Program ("CIMP" as
Required by the Regional Water Quality Control Board, Los Angeles Region,
National Pollutant Discharge Elimination System Municipal Separate Storm
Sewer System Permit Order No. R4-2012-0175 Municipal Separate Storm Sewer
System ("MS4 Permit") ("MOU").
B. The Cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington Park,
Maywood, Vernon and Los Angeles County Flood Control District (the
"Watershed Permittees") manage and drain stormwater into at least a portion of
the LAR Upper Reach 2 Sub Wastershed ("LAR UR 2 Sub Watershed").
C. The MS4 Permit allows Permittees to prepare, adopt and implement a WMP and
CIMP (collectively, "Plans") in compliance with certain elements of the MS4
Permit.
D. The Watershed Permittees have elected to prepare and adopt the Plans in
compliance with certain elements of the MS4 Permit.
E. Pursuant to the MOU, GWMA provides administrative coordination services to
the Watershed Permittees in the preparation of the Plans and any additional
services agreed to by the Watershed Permittees and approved by GWMA.
F. The Watershed Permittees have created the LAR UR 2 Sub Watershed
Committee, consisting of at least one representative from each of the Watershed
Permittees, to assist GWMA in coordinating the prepartion of the Plans.
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G. The Watershed Permittees have authorized GWMA to hire and serve as a conduit
for paying consultants, approved by the Watershed Permittees, to prepare the
Plans and any other plans and/or projects that the Watershed Permittees determine
are necessary.
The parties agree as follows:
SCOPE OF SERVICES
1. Consultant shall provide the services (the "Services") described in Exhibit A.
2. Project
Project Description:
TIME FOR PERFORMANCE
3. The term of this Agreement shall commence on the effective date of this
Agreement and expire on [MONTH] [DAY], [YEAR], unless earlier terminated
in accordance with the terms of this Agreement or extended by the GWMA
Governing Board.
STANDARD OF PERFORMANCE
4. Consultant's Services shall be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of
care and skill ordinarily exercised by members of Consultant's profession
currently practicing under similar conditions. By delivery of completed work,
Consultant certifies that the work conforms to the requirements of this
Agreement, all applicable federal, state and local laws and regulations and
applicable elements of the MS4 Permit. Consultant shall maintain throughout the
term of this Agreement all licenses, certifications, registrations or other similar
requirements necessary for Consultant's performance of the Services under this
Agreement.
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
OWNERSHIP OF WORK PRODUCT
5. Upon delivery, the work product, including, without limitation, all original
reports, writings, recordings, drawings, files, and detailed calculations developed
under this Agreement (collectively "work product") are GWMA's property. All
copyrights that arise from work product shall vest in GWMA. Consultant waives
and relinquishes all claims to copyright or other intellectual property rights in the
work product in favor of GWMA. GWMA's use of the work product is limited to
the purposes contemplated by the Services and Consultant makes no
representation of the suitability of the work product for use in or application to
circumstances not contemplated by this Agreement. Any alteration or reuse by
GWMA of the work product on any project other than the Services provided
pursuant to this Agreement shall be at GWMA's sole risk, unless GWMA
compensates Consultant for such alteration or reuse.
COMPENSATION AND METHOD OF PAYMENT
6. GWMA shall pay Consultant, for the Services performed (please select one):
a. On a time and materials basis at the following rates and up to the not -to -
exceed amount of
dollars ($
b. A flat amount of:
($
dollars
Consultant shall perform the Services for the amount(s) listed above. GWMA
shall not withhold federal payroll, state payroll and other taxes, or other similar
deductions from each payment made to Consultant. Consultant shall pay all
applicable federal, state, and local excise, sales, consumer use, and other similar
taxes required by law. GWMA shall not allow any claims for additional services
performed by Consultant, unless the Project Manager or GWMA Chair authorizes
the additional services in writing prior to Consultant's performance of the
additional services or the incurrence of additional expenses. Any additional
services authorized by the Project Manager or GWMA Chair shall be
compensated at the hourly rates set forth above, or, if not specified, at a rate
mutually agreed to by the parties.
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Consultant shall submit to GWMA a proposed annual budget for the Services to
be performed during each calendar year of the term of this Agreement. The
proposed annual budgets shall identify the proposed total annual budget amount
and the proposed budget amounts for the periods of Janauary 1" through June 301h
and July I" through December 31 st. Consultant shall submit a proposed annual
budget to GWMA on or before the 15th of April for the Services to be performed
during the subsequent calendar year. GWMA will submit Consultant's annual
budgets to the LAR UR 2 Sub Watershed Committee no later than May 1" of each
year for the Committee's approval and adoption.
Consultant shall submit invoices to GWMA on a monthly basis for actual work
performed and actual expenses incurred , during the preceding month. The
invoices shall describe in detail the Services performed by each person for each
task, including the days and hours worked.
Prior to releasing payment to Consultant, GWMA shall submit Consultant's
invoices to the LAR UR 2 Sub Watershed Committee for final payment approval.
The LAR UR 2 Sub Watershed Committee's decides whether to pay an invoice
submitted by Consultant and informs GWMA of its decision. If the LAR UR 2
Sub Watershed Committee approve GWMA payment of an invoice, GWMA shall
make payment to Consultant payable to: [payment address].
GWMA's payment obligations pursuant to this Agreement are payable solely
from funds appropriated to GWMA by the Watershed Permittees to fullfil the
purpose of this Agreement. GWMA and Consultant expressly agree that full
funding for this Agreement over the term of this Agreement is contingent on
GWMA's receipt of payment from each Watershed Permittee of its proportional
costs of the Services. In the event of a Watershed Permittee's failure to pay its
proportional costs of the Services to GWMA, GWMA may either reduce funding
for this Agreement at a level that is proportionate to the reduction in GWMA's
receipt of funds from the Watershed Permittees or suspend all or a portion of the
Services being performed by Consultant.
INDEPENDENT CONTRACTOR
7. Consultant is an independent contractor. Neither. Consultant nor any of
Consultant's officers, employees, agents or subconsultants, if any, shall be an
employee of GWMA or its members by virtue of this Agreement or performance
of the Services under this Agreement.
CONFLICT OF INTEREST
8. Consultant and its officers, employees, associates and sub consultants, if any,
shall comply with all applicable conflict of interest statutes of the State of
California applicable to Consultant's Services under this Agreement, including,
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the Political Reform Act (Cal. Gov. Code § 81000, et seq.) and Government Code
Section 1090.
INDEMNIFICATION
9. Indemnities. Consultant shall indemnify, defend and hold harmless GWMA, and
its officials, officers, attorneys, agents, employees, designated volunteers,
successors and assigns, and the Watershed Permittees, and each Watershed
Permittee's officers, employees and agents, in accordance with the terms of this
Section 9. Consultant's covenant under this Section 9 shall survive the expiration
or termination of this Agreement.
a. To the fullest extent permitted by law, Consultant hereby agrees, at its sole
cost and expense, to protect, defend, hold harmless and indemnify GWMA,
and its officials, officers, attorneys, agents, employees, designated volunteers,
successors, assigns and those GWMA agents serving as independent
contractors in the role of GWMA officials, and the Watershed Permittees, and
each Watershed Permittee's officers, employees and agents (collectively
"Indemnitees") from and against any and all damages, costs, expenses,
liabilities, suits, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever, including
legal costs, fees of accountants,. attorneys, or other professionals and all costs
associated therewith and the payment of all consequential damages
(collectively "Claims"), in law or equity, whether actual, alleged or
threatened, for injury to or death of person(s), for damage to property
(including property owned by GWMA or any Watershed Permittee), which
result from, arise out of, pertain to, or relate to the negligent or intentional acts
or omissions committed by Consultant, its officers, agents, representatives,
servants, employees, subconsultants, suppliers or their officers, agents,
servants, employees, subconsultants, contractors (or any entity or individual
that Consultant shall bear the legal liability thereof) in Consultant's
performance of this Agreement, including the Indemnitees' active or passive
negligence, except for Claims arising from the sole negligence or willful
misconduct of Indemnitees, as determined by final arbitration or court
decision or by the agreement of the parties. Consultant shall defend
Indemnitees in any action or actions filed in connection with any Claim with
counsel of Indemnitees' choice, and shall pay all costs and expenses,
including all attorneys' fees and experts' costs actually incurred in connection
with such defense. Consultant • shall reimburse Indemnitees for any and all
legal expenses and costs incurred by Indemnitees in connection therewith.
b. The indemnity under this Section 9 is effective regardless of any prior,
concurrent, or subsequent misconduct, negligent acts, errors or omissions of
the Indemnitees and without reference to the existence or applicability of any
insurance coverages that are required under this Agreement or any additional
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12664/0001/155,6575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
insured endorsements that may extend to the Indemnitees. The indemnity
under this Section 9 is in addition to any other rights or remedies that, the
Indemnitees may have under the law. Payment is not required as a condition
precedent to the Indemnitees' right to recover under this Section 9, and an
entry of judgment against Consultant shall be conclusive in favor of the
Indemnitees' right to recover under this Section 9. Consutltant shall pay
Indemnitees for any attorneys fees and costs incurred in enforcing these
indemnification provisions.
INSURANCE
10. Insurance Requirements.
a. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, the following policies of insurance
with minimum limits as indicated below and issued by insurers with A.M.
Best ratings of no less than A:VII:
1. Comprehensive commercial general liability insurance with minimum
.limits of One. Million Dollars ($1,000,000) per incident or accident for
bodily injury, death and property damage;
2. Automobile liability insurance for any owned, non -owned or hired vehicle
used in connection with the performance of the Services under this
Agreement with minimum combined single limits coverage of One
Million Dollars ($1,000,000); and
3. - Workers' compensation insurance as required by the State of California.
b. The insurance required by this Section 10 shall apply on a primary non-
contributing basis. Any insurance or self-insurance maintained by GWMA,
GWMA's member agencies, the Watershed Permittees and their respective
officers, employees, agents, subcontractors or volunteers, shall be in excess of
Consultant's insurance and shall not contribute with it.
c. The automobile and comprehensive general liability insurance policies shall
contain an endorsement naming GWMA, the Watershed Permittees and their
officers, employees, officials and agents, as additional insureds. All insurance
policies shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty (30) days' prior written notice to
GWMA. All insurance policies shall be endorsed to delete the subrogation
condition as to GWMA and each Watershed Permittee, or shall explicitly
allow Consultant to waive Consultant's right of recovery prior to loss.
Consultant waives all rights of subrogation and contribution against GWMA
and each Watershed Permittee. Consultant shall require its insurer to modify
the certificates of insurance to delete any exculpatory wording stating that
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013,
failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
d. Consultant shall require all subconsultants or other third parties hired to
perform services under this Agreement, to carry, maintain, and keep in full
force and effect, insurance policies that meet the requirements of this Section
10, unless otherwise agreed to by GWMA. The procurement of insurance by
any subconsultant or other third party hired to perform services under this
Agreement shall not relieve Consultant from any duties or liability otherwise
arising under this Section 10.
e. Prior to performance of the Services under this Agreement, Consultant shall
file a certificate or certificates of insurance, together with the required
endorsements, with GWMA showing that the insurance policies are in effect
in the required amounts.
TERMINATION
11. Supension and Termination by the Parties.
a. Suspension by GWMA. The Project Manager may suspend this Agreement or
any portion of this Agreement or the Services required under this Agreement
in accordance with Section 6 of this Agreement upon written notice to
Consultant. Upon receipt of a notice of suspension, Consultant shall perform
no further services except as specified in the notice. GWMA shall pay
Consultant for services satisfactorily performed in accordance with this
Agreement to the date of suspension, subject to the limitation on GWMA's
payment obligations set forth in Section 6 of this Agreement. GWMA shall
reimburse Consultant for authorized expenses incurred to the date of
suspension and not previously reimbursed, subject to the limitation on
GWMA's payment obligations set forth in Section 6 of this Agreement.
b. Termination by GWMA. The GWMA Governing Board may terminate this
Agreement or any portion of this Agreement or the Services required under
this Agreement for any reason on ten (10) calendar days' written notice to
Consultant. Upon receipt of a notice of termination, Consultant shall perform
no - further services except as specified in the notice. Before the date of
termination, Consultant shall deliver to GWMA all work product, whether
complete or incomplete, prepared or compiled through the date of termination
and not otherwise previously delivered to GWMA. GWMA shall pay
Consultant for services satisfactorily performed in accordance with this
Agreement to the date of termination, subject to the limitation on GWMA's
payment obligations set forth in Section 6 of this Agreement. GWMA shall
reimburse Consultant for authorized expenses incurred to the date of
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
termination and not previously reimbursed, subject to the limitation on
GWMA's payment obligations set forth in Section 6 of this Agreement.
Consultant shall not have any other claim against GWMA by reason of such
termination.
c. Termination by Consultant. Consultant may terminate this Agreement on
thirty (30) calendar days' written notice to GWMA only in the event of a
material default by GWMA, which default GWMA has not been cured within
thirty (30) days following receipt by GWMA of written notice from
Consultant specifying the basis of the alleged default.
ADMINISTRATION
12. GWMA's representative for administration of this Agreement is the Executive
Officer of GWMA, or such other person designated in writing by the GWMA
Governing Board ("Project Manager"). Consultant's representative for
administration of this Agreement is [NAME] ("Consultant's representative"),
unless notified in writing by Consultant that additional representatives are
authorized.
NOTICES
13. Any'routine administrative communication between the Project Manager and the
Consultant's representative required to be in writing may be made by personal
delivery, first class U.S. mail, facsimile transmission or electronic mail. Any
other notices, invoices or reports required by this Agreement shall be given by
first class U.S. mail or by personal service. Notices shall be deemed received on
(a) the day of delivery if delivered by hand or overnight courier service during
Consultant's and GWMA's regular business hours or by facsimile before or
during Consultant's regular business hours; or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses
below,. or to such other addresses as the parties may, from time to time, designate
in writing pursuant to the provisions of this Section 13. All notices shall be
delivered to the parties at the following addresses:
If to GWMA: Gateway Water Management Authority
Attn:
If to Consultant:
Email:
Facsimile:
Attn:
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
Email: _
Facsimile:
WAIVER
14. No delay or omission to exercise any right, power or remedy accruing to GWMA
under this Agreement shall impair any right, power, or remedy of GWMA, nor
shall it be construed as a waiver of, or consent to any breach or default. No
waiver of any breach, any failure of a condition, or any right or remedy under this
Agreement (1) shall be effective unless it is in writing and signed by the party
making the waiver; (2) shall be deemed to be a waiver of, or consent, to any other
breach, failure of a condition, or right or remedy, or (3) shall be deemed to
constitute a continuing waiver unless the writing expressly so states.
ATTORNEY'S FEES
15. In the event that either party to this Agreement shall commence any legal action
or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs
of suit, including reasonable attorney's fees.
EXHIBITS
16. Exhibit A constitutes a part of this Agreement and is incorporated into this
Agreement by this reference. If any inconsistency exists or arises between a
provision of this Agreement and a provision of Exhibit A, the provisions of this
Agreement shall control.
ENTIRE AGREEMENT
17. This Agreement and Exhibit A constitutes the final, complete and exclusive
statement of the terms of the agreement between the parties pertaining to the
subject matter of this Agreement and supersedes all other prior or
contemporaneous oral or written understandings and agreements of the parties.
MODIFICATION
18. This Agreement may be supplemented, amended or modified only by a writing
signed by Consultant and the Project Manager or GWMA Chair.
[SIGNATURE PAGE FOLLOWS]
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
The parties are signing this Agreement on the effective date.
GWMA Consultant
Los Angeles Gateway Region Integrated [COMPANY NAME],
Regional Water Management Authority a [LEGAL ENTITY STATUS]
By:
Name:
Title:
By:
Name:
Title:
ATTEST: By:
Name:
Title:
By:
Name: (Please note: Two signatures required for
Title: corporations pursuant to California Corporations
APPROVED AS TO FORM: Code Section 313.)
By:
Name:
Title:
Page 28
12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
DRAFT 05/22/2013
June 28, 2013
Ms. Renee Purdy
California Regional Water Quality Control Board
Los Angeles Region, Suite 200
320 W. Fourth St., Suite 200
Los Angeles, CA'90013
RE: Notice of Intent for a Watershed Management Program and Coordinated
Integrated Monitoring Program for the Lower Los Angeles River Upper Reach 2
Gateway Watershed sub -region.
Dear Ms. Purdy:
The Permittees listed in Table 1 below that are party to this Notice of Intent (NOI) hereby
notify the Los Angeles Regional Water Quality Control Board (Regional Water Board) of
their intent to develop a Watershed Management Program (WMP) for the Lower Los
Angeles River Upper Reach 2 Watershed sub -region which includes the Cities of
Commerce, Vernon, Huntington Park, Maywood, Cudahy, Bell, and Bell Gardens. This
NOI is being submitted in accordance with Part VI.C.4.b.i of Order R4-2012-0175.
Permittees meet the LID and Green Street conditions and will submit the Draft WMP
within 18 months -of the effective date of Order R4-2012-0175 (June 28, 2014).
In addition, the same permittees listed in Table 1 hereby notify the Regional Water Board
of their intent to develop a Coordinated Integrated Monitoring Program (CIMP) as part of
their WMP. The Permittees intend to follow a CIMP approach for each of the required
monitoring plan elements including Receiving Water Monitoring, Storm Water Outfall
Based Monitoring, Non -Storm Water Outfall Based Monitoring, New Development/Re-
Development Effectiveness Tracking, and Regional Studies and will submit the CIMP
within 18 months.of the effective date of Order R4-2012-0175 (June 28, 2014) with the
WMP.
NOI for WMP & CIMP
Lower LAR Upper Reach 2
June 28, 2013
Page 2
SECTION 1. PROGRAM TYPE AND PERMITTEES
Table 1 lists the permittees who have agreed to work cooperatively and jointly develop a
WMP and CIMP under a Memorandum of Understanding (MOU) with the Los Angeles
Gateway Region Integrated Regional Water Management Joint Powers Authority for
administration and cost sharing.
SECTION 2. TOTAL MAXIMUM DAILY LOADS ESTABLISHED WATER QUALITY
BASED EFFLUENT LIMITATIONS:
Table 2 lists applicable interim and final trash Water Quality Based Effluent Limitations
(WQBELs) and all other final WQBELs and receiving water limitations established by
Total Maximum Daily Loads (TMDLs) and identified by Section VI.C.4.B.ii of the Order.
NOI for WMP & CIMP
Lower LAR Upper Reach 2
June 28, 2013
Page 3
SECTION 3. IDENTIFY TMDL CONTROL MEASURES:
Table 3 identifies the control measures being implemented by each Permittee for each
TMDL that have interim and final WQBELs that occur prior to the anticipated approval of
the WMP. The Permittees will continue to implement these measures during the
development of the WMP.
SECTION 4. DEMONSTRATION OF MEETING LID ORDINANCE AND GREEN
STREET POLICY REQUIREMENTS:
The Permittees that are party to this NOI have LID ordinances and Green Streets
policies in place or in development. Table 4 summarizes the status of the Permittees' LID
ordinances and Table 5 summarizes the status of the Permittees' Green Streets policies.
More than 50% of the MS4 watershed area that will be addressed by the WMP is
covered by LID ordinances and Green Streets policies.
NOI for WMP & CIMP
Lower LAR Upper Reach 2
June 28, 2013
Page 4
NOI for WMP & CIMP
Lower LAR Upper Reach 2
June 28, 2013
Page 5
Status" Descriptions:
In Place Perrnittee•has adopted a Green Streets Policy for its portion of the MS4 in the watershed.
In Development Permittee initiated development of a Green Streets Pohcy'for its portion'of the MS4 in
the watershed within w days of the effecfive date of order R4-2012 0175 and will have a draft policy
within'6 months of the effedtive date of,-°tli_e Order
Draft Policy: Perrnittee has completed"the development of a.draft=Green Streets Policy:for,its portion of
the M84 watershed:'
The listed permittees are diligently working together and making progress towards
compliance with Order R4-2012-0175. Please contact the individual permittees should
you have questions pertaining to their jurisdiction's compliance measures. A list of
contact information is enclosed.. Thank you.
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority
and the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the Los Angeles
County Flood Control District
CONTRACT PURPOSE: Administration and Cost Sharingto o Prepare a Watershed Management Program and
Coordinated Integrated Monitoring Program
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
X SERVICES ❑ MATERIALS ❑ BUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE: $135,000 Charge Acct. No(s) 011.1043.595200
Amendment Value $ ❑ Contract is an Amendment to Contract No. (if Applicable)
RESPONSIBLE DEPARTMENT PERSON: Claudia Arellano PHONE: x258
AUTHORIZATION: ❑ Approved by Council on June 4, 2013
(Check One) Resolution No. 2013-53 (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date
(1) Responsible Department Person
Checks substance of contract and assembles two (2) copies of
Contract, '
(2) Liability and Claims V4 t a IN,
Approves insurance and sureties, if bonds required
(3) Finance (Purchasing)
Checks compliance with Competitive Bidding & Living Wage Ordinances
And reflected in current budget
(4) City Attorney n a
Approves contract as to form, cgs -binds anl-ils�ru=n� i� C�
(5) City Signatory
Signs all copies on behalf of City
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and j
transmits duplicate original to contractor (�
Rev. 4/25/13
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 11, 2013
Grace J. Kast, Executive Officer
GWMA
16401 Paramount Blvd.
Paramount, CA 90723
Re: MOU for Administration and Cost Sharing Relating to a Watershed Management Program
and Coordinated Integrated Monitoring Program
Dear Ms. Kast:
Please find enclosed, as requested, one original signature page executed by the City
Administrator of the City of Vernon.
Please return one original signature page executed by your organization's authorized signer to
the attention of the undersigned.
If you have any questions regarding this matter, please call Ms. Claudia Arellano at (323) 583-
8811 ext. 258.
Very tr #y yours,
Deborah R. Juarez
Records Management Assistant
Enclosure
c: Claudia Arellano
S. Kevin Wilson
Resolution No. 2013-53
Agreement File No. 13-033
Excfusivefy Industriaf
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: 2FPzo
ATTEST:.
i
Dana Reed
RkpMMA
Interim City Clerk
CITY OF VERNON
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
- -,K) L C
Mark W itworth, City Administrator
APPROVED AS TO FORM:
Scott E. Porter
awxw
Deputy City Attorney
16
12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
WATER MANAGEMENT
AUTHORI I
AIEWAY
Los Angeles Gateway Region I
Integrated Regional Water Management
Joint Powers Authority
16401 Paramount Blvd., Paramount, CA 90723 562.663.6850 phone 562.634.8216 fax www.gatewayirwmp.org
AUG 2 B 2013
August 26, 2013 Community Services
TO: The Los Angeles River Upper Reach 2 Sub Watershed Group
FROM: Toni Penn, GWMA
RE: Executed Memorandum of Understanding ("MOU")
Attached is your executed copy of the MOU between the Los Angeles Gateway Regional Integrated
Region Water Management Joint Powers Authority (GWMA) and the members of the Los Angeles
River Upper Reach 2 Sub Watershed Group (LAR UR2).
Please retain this document for your records.
Thank you.
Christopher Cash, Board Chair • Adriana Figueroa, Vice -Chair • Charlie Honeycutt, SecretarylTreasurer • Kevin Wattier, Chair Emeritus
Proudly serving Gateway cities and agencies in Southeastern Los Angeles County
Members: Artesia - Bell , Bell Gardens - Bellflower -Central Basin Municipal Water District - Cerritos • Commerce, Cudahy Downey Huntington Park - Hawaiian Gardens
La Mirada • Lakewood - Long Beach - Long Beach Water Department - Lynwood - Montebello - Norwalk - Paramount - Pico Rivera - Santa Fe Springs Signal Hill South Gate
Vernon • Whittier
With Technical Support from the Sanitation Districts of Los Angeles County
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTON PARK,
MAYWOOD,,VERNON, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR ADMINISTRATION AND COST SHARING TO PREPARE A WATERSHED
MANAGEMENT PROGRAM ("WMP") and COORDINATED INTEGRATED
MONITORING PROGRAM ("CIMP") AS REQUIRED BY THE REGIONAL'WATER
QUALITY CONTROL BOARD, LOS ANGELES REGION, NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER
SYSTEM PERMIT ORDER NO. R4-2012-0175 MUNICIPAL SEPARATE STORM SEWER
SYSTEM ("MS4 PERMIT")
This memorandum of understanding ("MOU") is made and entered into as of
the date of the last signature set forth below, by and between the Los Angeles
Gateway Region Integrated Regional Water Management Joint Powers Authority
("GWMA"), a California Joint Powers Authority, and the Cities of Bell, BellGardens,
Commerce, Cudahy, Huntington Park, Maywood, Vernon ("Cities"), and the Los
Angeles County Flood Control District ("District"):
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and
management of water resources within its area; and
WHEREAS, the Cities of Bell, Bell Gardens, Commerce, Cudahy, 'Huntington
Park, Maywood, and Vernon manage and drain stormwater into at least a. portion of
the Los Angeles River Upper Reach 2 Sub Watershed ("LAR UR 2 Sub Watershed");
and
WHEREAS, the Los Angeles County Flood Control District owns and operates
more than ninety percent (90%) of the storm drains in the Reach 2 Sub Watershed;
WHEREAS, for the purposes of this MOU, the term "Watershed Permittees"
shall mean the cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington Park,
Maywood, Vernon, and the Los Angeles County Flood Control District; and
WHEREAS, the Watershed Permittees and the GWMA are collectively
referred to as the "Parties"; and
WHEREAS, the MS4 Permit became` effective on December 28, 2012 and
allows Permittees to prepare, adopt, and implement a Watershed Management
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
Program ("WMP"), and a Coordinated Integrated Monitoring Program ("CIMP"),
collectively "the Plans," incompliance with certain elements of the MS4 Permit; and
WHEREAS, the Watershed Permittees have elected to prepare and adopt, the
Plans: in compliance with certain elements of the MS4 Permit; and
WHEREAS, preparation of the Plans requires administrative coordination for
the Watershed Permittees that the GWMA can provide; and
WHEREAS, the Watershed Permittees created the LAR UR 2 Sub Watershed
Committee, consisting of at least one representative from each of the Watershed
Permittees, to assist the GWMA in coordinating the preparation and submission of
the Plans to be presented to the California Regional Water Quality Control Board,
Los Angeles Region, on behalf of the Watershed Permittees; and
WHEREAS, the Parties desire to collaboratively prepare a final Scope of Work
and Request for Proposals to obtain a Consultant to assist the Parties with
preparation and adoption of the Plans; and
WHEREAS, the Parties have determined that authorizing GWMA to hire a
consultant to prepare and deliver the Plans will be beneficial to the Parties; and
WHEREAS, the Parties have determined that the costs of preparing the Plans
and other related costs to be incurred by the GWMA should be paid by the
Watershed Permittees based on the proportional costs ("Proportional Costs")
reflected in Exhibit A.
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 MOU.
Section 2.. Purpose. The purpose of this MOU is to cooperatively support
and undertake preparation of the Plans and any additional services agreed to by the
Watershed Permittees working through the LAR UR 2 Sub Watershed Committee
and as approved by the GWMA. This MOU does not include services related to the
implementation of the Plans and required monitoring, and the Parties will enter into
an amendment to the MOU if they desire to collectively provide such services.
Section 3. Cooperation. The Parties shall fully cooperate with one
another to achieve the purposes of this MOU.
Section 4. Voluntary Nature. The Parties voluntarily enter into this MOU
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Section S. Binding Effect. This MOU shall become binding on GWMA and
the Watershed` Permittees that execute this MOU.
Section 6. Term. This MOU shall remain and continue in effect until
July 1, 2023, unless sooner terminated as provided herein.
Section 7. LAR UR 2 Sub Watershed Committee Representative. The LAR
UR 2 Sub Watershed Committee shall appoint a representative ("Representative")
who can speak for the Watershed Permittees on decisions to be made by the LAR UR
2 Sub Watershed.
Section 8. Role of the GWMA. The GWMA will contract with and serve as
a conduit for paying the Consultants as approved by the Watershed Permittees. The
consultant or consultants ("Consultant") shall prepare the Plans and any other plans
and/or projects that the Watershed Permittees determine are necessary and the
costs of which the Watershed Permittees agree through the Representative to pay.
Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Proportional Costs as
provided in Exhibit A for Consultant and any other related expenses to
which the Parties may agree in writing.
b) Each Watershed Permittee shall also pay its proportional share of
GWMA's staff time for retaining a Consultant and invoicing the
Watershed Permittees, audit expenses and other overhead costs,
including legal fees ("MOU Costs") incurred by GWMA in the
performance of its duties under this MOU. GWMA shall add a
percentage not to exceed three percent (3%) to each invoice
submittedto each Watershed Permittee to cover each Watershed
Permittee's share of the MOU Costs. The MOU Costs percentage shall
be set each fiscal year by a vote of the Policy Board.
c) GWMA shall submit an invoice to each Watershed Permittee upon
selection of a Consultant reflecting each Watershed Permittee's
estimated Proportional Costs of the Consultant's services through the
following June 30 or December 31, whichever date is earlier. Prior to
releasing payment to Consultant, GWMA shall submit a copy of the
Consultant's invoice to the LAR UR 2 Sub Watershed Committee for
approval. The decision on whether to pay the invoice shall be
communicated to the GWMA by the Representative.
d) Upon receiving the first and each subsequent invoice, each Watershed
Permittee shall pay its Proportional Costs to the GWMA within forty-
five days (45) days of receipt.
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e) Each year, commencing June 15, 2013, the LAR UR 2 Sub Watershed
Committee shall recommend to GWMA a budget for the following
year. GWMA shall consider the recommendation and adopt a budget
by June 301h inclusive of the LAR UR 2 Sub Watershed Committee's
recommendation. GWMA will send each Watershed Permittee no
later than December 1 and May 1 of each year an invoice representing
the Watershed Permittee's Proportional Costs of the adopted budget.
GWMA shall not expend funds in excess of the budgeted amount,
without prior, notification to and approval by the LAR UR 2 Sub
Watershed Committee.
f) A Watershed Permittee will be delinquent if the requested payment is
within the budgeted amounts or the amounts authorized by the LAR
UR 2 Sub Watershed Committee and such payment is not received by
the GWMA within forty-five (45) days after first being invoiced by the
GWMA. The GWMA will follow the procedure listed below, or such
other procedure that the LAR UR 2 Sub Watershed Committee directs
to effectuate payment: 1) verbally contact the official of the
Watershed Permittee with copies to each other Watershed Permittee
to the person and at address to which notices should be addressed
pursuant to Section 13 of the MOU, and 2) submit a formal letter from
the GWMA Executive Officer to the Watershed Permittee. If payment
is not received within sixty (60) days following the due date, the
GWMA may terminate the MOU unless the City Managers/
Administrators of the Watershed Permittees in good standing inform
the GWMA in writing that their respective Watershed Permittees
agree to.adjusttheir Proportional Cost allocations in accordance with
the Cost Share Formula in Exhibit A. The terminated Watershed
Permittee shall remain obligated to GWMA for its delinquent
payments and any other obligations incurred prior to the date of
termination.
g) GWMA shall suspend all work being performed by any Consultant
retained by GWMA if any Watershed Permittee has not paid its invoice
within forty five (45) of receipt unless the City Managers/
Administrators of the other Watershed Permittees inform the GWMA
in writing that their respective Watershed Permittees will pay the
delinquent Watershed Permittee's costs once the MOU with the
delinquent Watershed Permittee has been terminated.
h) Any delinquent payments by a Watershed Permittee shall accrue
compound interest at the then -current rate of interest in the Local
Agency Investment Fund, calculated from the first date of delinquency
until the payment is made.
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i) Funds remaining in the possession of the GWMA at the end of the
term of this MOU, or at the termination of this Agreement, whichever
occurs earlier, shall be promptlyreturned to the then remaining
Watershed Permittees in accordance with the Cost Share Formula in
Exhibit A.
Section 10. Notice of Intent Letter. Pursuant to Section V.C.4.b (page 55) of
the MS4 Permit, the Watershed Permittees agree to jointly draft, execute and submit
to the Regional Board by June 28, 2013, a "Notice of Intent letter that complies with
all applicable MS4 Permit provisions.
Section 11. Independent Contractor.
a) The GWMAIs, and shall at all times remain, a wholly independent
contractor for performance of the obligations described in this MOU.
The GWMA's officers; officials, employees and agents shall at all times
during the Term of this MOU be under the exclusive control of the
GWMA. ` The Watershed Permittees cannot control the conduct of the
GWMA or any of its officers, officials, employees or agents. The
GWMA and its officers, officials, employees, and agents shall not be
deemed to be employees of the Watershed Permittees.
b) The GWMA is solely responsible for the payment of salaries, wages,
other compensation, employment taxes, workers' compensation, or
similar taxes for its employees and consultants performing services
hereunder.
Section 12. Indemnification and Insurance.
a) The GWMA shall include in the agreements with the Consultants an
indemnification clause requiring the Consultants to defend, indemnify
and hold harmless each of the Watershed Permittees and the GWMA,
and their officers, employees, and agents, from and against any and all
liabilities, actions, suits, proceedings, claims, demands, losses, costs,
and expenses, including legal costs and attorney's fees, for injury to or
death of person(s), for damagetoproperty (including property owned
by the GWMA or any Watershed Permittee) resulting from negligent
or intentional acts, errors and omissions committed by Consultants,
and their officers, employees, and other representatives and agents,
arising out of or related to Consultants' performance under this MOU.
b) Each Watershed Permittee shall defend, indemnify and hold harmless
the GWMA and each other Watershed Permittee and their officers,
employees, and other representatives and agents from and against
any and all liabilities, actions, suits, proceedings, claims, demands,
losses, costs, and expenses, including legal costs and attorney's fees,
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c)
for injury to or death of person(s), for damage to property (including
property owned by the GWMA and any Watershed Permittee) for
negligent or intentional acts, errors and omissions committed by that
Watershed Permittee, its officers, employees, and agents, arising out
of or related to that Watershed Permittee's performance under this
MOU, except for such loss as may be caused by GWMA's or any other
Watershed Permittee's gross negligence or intentional acts or the
gross negligence or intentional acts of its officers,. employees, or other
representatives and agents other than the Consultants.
The GWMA shall defend, indemnify and hold harmless the Watershed
Permittees, their officers, employees, and other representatives and
agents of the Watershed Permittees, from and against any and all
liabilities, actions, suits, proceedings, claims, demands, losses, costs,
and expenses, including legal costs and attorney's fees, for injury to or
death of person(s), for damage to property (including property owned
by the Watershed Permittees) and for negligent or intentional acts,
errors and omissions committed by GWMA, its officers, employees,
and agents, arising out of or related to GWMA's performance under
this MOU.
d) Consultant's Insurance. The GWMA shall require the Consultants to
obtain and maintain, throughout the term of their contracts with the
GWMA, insurance as provided in Exhibit B.,
e) GWMA makes no guarantee or warranty that the reports prepared by
GWMA and its Consultant shall be approved by the relevant
governmental authorities. GWMA shall have no liability to the
Watershed Permittees or any of them for the negligent or intentional
acts or omissions of GWMA's Consultants. The Watershed Permittees'
sole recourse for any negligent or intentional act or omission of the
GWMA's Consultant shall be against the Consultant and its insurance.
Section 13. Withdrawal: Termination.
a) A Watershed Permittee may withdraw from this MOU for any reason,
or no reason, by giving the other Watershed Permittees thirty (30)
days written notice thereof. The effective withdrawal date shall be
the thirtieth (30th) day after GWMA receives the withdrawing
Watershed Permittee's notice to withdraw from the MOU. The
withdrawing Watershed Permittee shall be responsible for its
Proportional Costs and proportional MOU Costs, which the GWMA
incurred or to which it became bound through the effective date of
withdrawal. Such MOU Costs shall include the remaining fees of any
Consultant retained by the GWMA through the effective date of
withdrawal. Should any Watershed Permittee withdraw from the
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
MOU, the remaining Watershed Permittees' Proportional Cost
allocation shall be adjusted in accordance with the Cost Share
Formula in Exhibit A. A withdrawing Watershed Permittee shall
remain liable for any loss, debt, liability otherwise incurred while
participating in this MOU. If, after paying any such loss, debt, liability,
its Proportional Costs and its proportional MOU Costs incurred
through the effective date of withdrawal, a withdrawing Watershed
Permittee has any unspent deposit remaining in the possession of the
GWMA, GWMA shall promptly return such unspent deposit to the
withdrawing Watershed Permittee.
b) The GWMA may, with a two-thirds (2/3) vote of the full Policy Board,
terminate this MOU upon not less than thirty (30) days notice,
effective on May 1 or December 1 of each year.
Section 14. Miscellaneous.
a) Notices. All Notices which any Party is required or desires to give
hereunder shall be in writing and shall be deemed given when
delivered personally or three (3) days after mailing by registered or
certified mail (return receipt requested) to the following address or as
such other addresses as the Parties may from time to time designate
by written notice in the aforesaid manner:
To GWMA: Ms. Grace Kast
GWMA Executive Officer
c/o Gateway Cities Council of
Governments
16401 Paramount Boulevard
Paramount, CA 90723
To the Watershed: Mr. Doug Willmore
Permittees: City Manager
6330 Pine Avenue
Bell, CA 90201
Mr. Phillip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
Mr. JorgeRifa
City Administrator
2535 Commerce Way
Commerce, CA 90040
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12664/0001/1S56575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
Mr. Hector Rodriquez
City Manager
5220 Santa Ana.Street
Cudahy; CA 90201
Mr. Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park, CA 90255
Ms Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
Mr. Gary Hildebrand
Los Angeles County Flood Control District
900 South Fremont Avenue
Alhambra, CA 91803
b) Separate Accounting and Auditing. The GWMA will establish a
separate account to track revenues and expenses incurred by the
GWMA on behalf of the Watershed Permittees. Any LAR UR 2
Watershed Permittee may upon five (5) days written notice inspect
the books and records of the GWMA to verify the cost of the services
provided and billed by GWMA. GWMA shall prepare and provide to
the Watershed Permittees annual financial statements and audits,
after review and approval by the LAR UR 2 Sub Watershed
Committee.
c) Amendment. The terms and provisions of this MOU may not be
amended, modified or waived, except by a written instrument signed
by all Parties and approved by all Parties as substantially similar to
this MOU.
d) Waiver. Waiver by either the GWMA or a Watershed Permittee of any
term, condition, or covenant of this MOU shall not constitute a waiver
of any other term, condition, or covenant. Waiver, by the GWMA or a
Watershed Permittee, to any breach of the provisions of this MOU
shall not constitute a waiver of any other provision or a waiver of any
subsequent breach of any provision of this MOU.
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e) Law to Govern: Venue. This MOU shall be interpreted, construed, and
governed according to the laws of the State of California. In the event
of litigation between the Parties, venue shall lie exclusively in the
County of Los Angeles.
f) No Presumption in Drafting. The Parties to this MOU agree that the
general rule that an MOU is to be interpreted against the Parties
drafting it, or causing it to be prepared, shall not apply.
g) Severability. If any term, provision, condition or covenant of this MOU
is declared or determined by any court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions of this MOU
shall not be affected thereby and this MOU shall be read and
construed without the invalid, void, or unenforceable provisions(s).
h) Entire Agreement. This MOU 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) Counterparts. This MOU 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 all
Parties to this MOU.
j) Legal Representation. All Parties have been represented by counsel in
the preparation and negotiation of this MOU. Accordingly, this MOU
shall be construed according to its fair language.
k) Agency Authorization. Each of the persons signing below on behalf of
the Parties represents and warrants that he or she is authorized to
sign this MOU on their respective behalf.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: 5743A3
LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORIT
2,00
Christo her S. Cash
GWMA Chair
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12664/0001/1556575-9 Final for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively, as follows:
DATE: CITY OF BELL
Mr. Doug Willmore
City Manager
6330 Pine Avenue
Bell, CA 90201
s
L
Doug Wilmore, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk 641
OP
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: .n CITY OF BELL GARDENS
Mr. Philip Wagner
ATTEST:
City Clerk
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
Phili Wagn ,�k City/ ages
APPROVED AS TO FORM:
City Attorney
11
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF COMMERCE
Mr. Jorge Rifa
City Administrator
2535 Commerce Way
Commerce, CA 90040
Jorge Rifa, C' Administrator
ATTEST: APPROVED AS TO FORM:
Linda Kay Olivieri,MMC Eduardo Olivo
CA
City Clerk v City Attorney
12
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: I rg
ATTEST:
City Clerk
CITY OF CUDAHY
Mr. Hector Rodriguez
City Manager
5220 Santa Ana Street
Cudahy, CA,"02,v
ez, City Manager
APPROVED AS TO FORM:
14
/ r
y Attorney
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: June 12, 2 013 CITY OF HUNTINGTON PARK
Mr, Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park, CA 90255
Rene Bobadilla, City Manager
ATTEST: APPROVED AS TO FORM:
i
Rocio Martinez ) 6,
Acting City Clerk City Attorney
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: S �13 - - CITY OF MAYWOOD
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
L ian yeA, City Manager
ATTEST: APPROVED AS TO FORM:
tl r�cR 1 J
«dosd L
ity Clerk City Attorney
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: '-/'Zo A CITY OF VERNON
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
— —1K), L �-A Qz?-��' —
Mark W r orth, City Administrator
ATTEST: APPROVED AS TO FORM:
r.
Dana Reed _ Scott E. Porter
Interim City Clerk Deputy City Attorney
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
BY �/;
Chief Engineer
APPROVED AS TO FORM:
John F. Krattli
County Counsel
By
Associate
Date
.8 5 20 Is
Date
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
EXHIBIT A
The Watershed Permittees and the District agree to pay for the cost of
preparation of a WMP and CIMP. The District will pay ten percent (10%) of the cost
of the WMP and CIMP. Each Watershed Permittee shall pay an equal one seventh
(1/7th) share of forty-five percent (45%) of the cost of the WMP and CIMP and each
Watershed Permittee shall pay its pro-rata share of forty-five percent (45%) of the
cost of the WMP and CIMP at the cost sharing allocation percentage provided in
Table 1.
TABLE 1
COST SHARING ALLOCATION
FOR FORTY-FIVE PERCENT OF WMP COST
Watershed
Permittee
Land Area
(mi2)
Cost Allocation
Percentage
Bell
2.64
11.90
Bell Gardens
2.49
11.22
Commerce
6.57
29.61
Cudahy
1.12
5.05
Huntington Park
3.03
13.65
Maywood
1.18
5.32
.Vernon
5.16
23.25
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4k
EXHIBIT B
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated and effective [MONTH]
[DAY], [YEAR], and is between the Los Angeles Gateway RegionIntegrated Regional'
Water Management Authority also referred to as the Gateway Water Management
Authority ("GWMA") and [CONSULTANT'S LEGAL NAME], a [CALIFORNIA
CORPORATION/CALIFORNIA LIMITED LIABILITY COMPANY/CALIFORNIA'
LIMITED PARTNERSHIP/SOLE PROPRIETORSHIP, ETC.] ("Consultant").
RECITALS
A. GWMA has entered into a Memorandum of Understanding between the Los
Angeles Gateway Region Integrated Reional Water Management Joint Powers
Authority and the Cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington
Park, Maywood, Vernon and Los Angeles County Flood Control District for
Administration and Cost Sharing to Prepare a Watershed Management Program
("WMP") and Coordinated Integrated Management Program ("CIMP" as
Required by the Regional Water Quality Control Board, Los Angeles Region,
National Pollutant Discharge Elimination System Municipal Separate Storm
Sewer System Permit Order No. R4-2012-0175 Municipal Separate Storm Sewer
System ("MS4 Permit") ("MOU").
B. The Cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington Park,
Maywood, Vernon and Los Angeles County Flood Control District (the
"Watershed Permittees") manage and drain stormwater into at least a portion of
the LAR Upper Reach 2 Sub Wastershed ("LAR UR 2 Sub Watershed").
C. The MS4 Permit allows Permittees to prepare, adopt and implement a WMP and
CIMP (collectively, "Plans") in compliance with certain elements of the MS4
Permit.
D. The Watershed Permittees have elected to prepare and adopt the Plans in
compliance with certain elements of the MS4 Permit.
E. Pursuant to the MOU,' GWMA provides administrative coordination services to
.the Watershed Permittees in the preparation of the Plans and any additional
services agreed`to by the Watershed Permittees and approved byGWMA.
F. The Watershed Permittees have created the LAR UR 2 Sub 'Watershed
Committee, consisting of at least one representative from each of the Watershed
Permittees, to assist GWMA in coordinating the prepartion of the Plans.
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
G. The Watershed Pennittees have authorized GWMA to hire and serve as a conduit
for paying consultants, approved by the Watershed Permittees, to prepare the
Plans and any other plans and/or projects that the Watershed Permittees determine
are necessary.
The parties agree as follows:
SCOPE OF SERVICES
1. Consultant shall provide the services (the "Services") described in Exhibit A.
2. Project Name:
Project Description:
TIME FOR PERFORMANCE
3. The term of this Agreement shall. commence on the effective date of this
Agreement and expire on [MONTH] [DAY], [YEAR], unless earlier terminated
in accordance with the terms of this Agreement or extended by the GWMA
Governing Board,
STANDARD OF PERFORMANCE
4. Consultant's Services shall be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of
care and skill ordinarily exercised by members of Consultant's profession
currently practicing under similar conditions. By delivery of completed work,
Consultant certifies that the work conforms to the requirements of this
Agreement, all applicable federal, I state and local laws and regulations and
applicable elements of the MS4 Permit. Consultant shall maintain throughout the
tern of this Agreement all licenses, certifications, registrations or other similar
requirements necessary for Consultant's performance of the Services under this
Agreement.
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
OWNERSHIP OF WORK PRODUCT`
5. Upon delivery, the work product, 'including, without limitation, all original
reports, writings, recordings; drawings, files, and detailed calculations developed
under this Agreement (collectively "work product") are GWMA's property. All
copyrights that arise from work product shall vest in GWMA. Consultant waives
and relinquishes all claims to copyright or other intellectual property rights in the
work product in favor of GWMA. GWMA's use of the work product is limited to
the purposes contemplated by the Services and Consultant ' makes no
representation of the suitability of the work product for use in or application to
circumstances not contemplated by this Agreement. Any alteration or reuse by
GWMA of the work product on any project other than the Services provided
pursuant to this Agreement shall be at GWMA's sole risk, unless GWMA
compensates Consultant for such alteration or reuse.
COMPENSATION AND METHOD OF PAYMENT
6. GWMA shall pay Consultant, for the Services performed (please select one):
a. On a time and materials basis at the following rates and up to the not -to -
exceed amount of
dollars - ($ ):
b. A flat amount of.
dollars
Consultant shall perform the Services for the amount(s) listed above. GWMA
shall not withhold federal payroll, state payroll and other taxes, or other similar
deductions from each payment made to Consultant. Consultant shall pay all
applicable federal, state, and local excise, sales, consumer use, and other similar
taxes required by law. GWMA shall not allow any claims for additionalservices - -
performed by Consultant, unless the Project Manager or GWMA Chair authorizes
the additional services in writing prior to Consultant's performance of the
additional services or the incurrence of additional expenses. Any additional
services authorized by the Project Manager or GWMA Chair shall be
compensated at the hourly rates set forth above, or, if not specified, at a rate
mutually agreed to by the parties.
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Consultant shall submit to GWMA a proposed annual budget for the Services to
be performed during each calendar year of the term of this Agreement. The
proposed annual budgets shall identify the proposed total annual budget amount
and the proposed budget amounts for the periods of Janauary I't through June 30th
and July 1St through December 315t. Consultant shall submit a proposed annual
budget to GWMA on or before the 15th of April for the Services to be performed
during the subsequent calendar year. GWMA will submit Consultant's annual
budgets to the LAR UR 2 Sub Watershed Committee no later than May 15t of each
year for the Committee's approval and adoption.
Consultant shall submit invoices to GWMA on a monthly basis for actual work
performed and actual expenses incurred during the preceding month. The
invoices shall describe in detail the Services perfonned by each person for each
task, including the days and hours worked.
Prior to releasing payment to Consultant, GWMA shall submit Consultant's
invoices to the LAR UR 2 Sub Watershed Committee for final `payment approval.
The LAR UR 2 Sub Watershed Committee's decides whether to pay an invoice
submitted by Consultant and informs GWMA of its decision. If the LAR UR 2
Sub Watershed Committee approve GWMA payment of an invoice, GWMA shall
make payment to Consultant payable to: [payment address].
GWMA's payment obligations pursuant to this Agreement are payable solely
from funds appropriated to GWMA by the Watershed Permittees to fullfil the
purpose of this Agreement. GWMA and Consultant expressly agree that full
funding for this Agreement over the term of this Agreement is contingent on
GWMA's receipt of payment from each Watershed Permittee of its proportional
costs of the Services. In the event of a Watershed Pennittee's failure to pay its
proportional costs of the Services to GWMA, GWMA may either reduce funding
for this Agreement at a level that is proportionate to the reduction in GWMA's
receipt of funds from the Watershed Permittees or suspend all or a portion of the
Services being performed by Consultant.
INDEPENDENT CONTRACTOR
7. Consultant is an independent contractor. Neither Consultant nor any of
Consultant's officers, employees, agents or subconsultants, if any, shall be an
employee of GWMA or its members by virtue of this Agreement or performance
of the Services under this Agreement.
CONFLICT OF INTEREST
8. Consultant and its officers, employees, associates and sub consultants, if any,
shall comply with all applicable conflict of interest statutes of the State of
California applicable to Consultant's Services under this Agreement, including,
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the Political Reform Act (Cal. Gov. Code § 81000, et seq.) and Government Code
Section 1090.
INDEMNIFICATION
9.' Indemnities. Consultant shall indemnify, defend and hold harmless GWMA, and
its officials, officers, attorneys, agents, employees, designated volunteers,
successors and assigns, and the Watershed Permittees, and each Watershed
Pennittee's officers, employees and agents, in accordance with the terms of this
Section 9. Consultant's covenant under this Section 9 shall survive the expiration
or termination of this Agreement.
a. To the fullest extent permitted by law, Consultant hereby agrees, at its sole
cost and expense, to protect, defend, hold harmless and indemnify GWMA,
and its officials, officers, attorneys,agents, employees, designated volunteers,
successors, assigns and those GWMA agents serving as independent
contractors in the role of GWMA officials, and the Watershed Permittees, and
each Watershed Permittee's officers, employees and agents (collectively
"Indemnitees") from and against any and all damages; costs, expenses,
liabilities, suits, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever, including
legal costs, fees of accountants, attorneys, or other professionals and all costs
associated therewith and the payment of all consequential damages
(collectively "Claims"), in law or equity, whether actual, alleged or
threatened, for injury to or death of person(s), for damage to property
(including property owned by GWMA or any Watershed Permittee), which
result from, arise out of, pertain to, or relate to the negligent or intentional acts
or omissions committed by Consultant, its officers, agents, representatives,
servants, employees, subconsultants, suppliers or their officers, agents,
servants, employees, subconsultants, contractors (or any entity or individual
that Consultant shall bear the legal liability thereof) in Consultant's
performance of this Agreement, including the Indemnitees' active or passive
negligence, except for Claims arising from the sole negligence or willful
misconduct of Indemnitees, as determined by final arbitration or court
decision or by the agreement of the parties. Consultant shall defend
Indemnitees in any action or actions filed in connection with any Claim with
counsel of Indemnitees' choice, and shall pay all costs and expenses,
including all attorneys' fees and experts' costs actually incurred in connection
with such defense. Consultant shall reimburse Indemnitees for any and all
legal expenses and costs incurred by Indemnitees in connection therewith.
b. The indemnity under this Section 9 is effective regardless of any prior,
concurrent, or, subsequent misconduct, negligent acts, errors or omissions of
the Indemnitees and without reference to the existence or applicability of any
insurance coverages that are required under this Agreement or any additional
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insured endorsements that may extend to the Indemnitees. The indemnity
under this Section 9 is in addition to any other rights or remedies that the
Indemnitees may have under the law. Payment is not required as a condition
precedent to the Indemnitees' right to recover under this Section 9,. and an
entry of judgment against Consultant shall be conclusive in favor of the
Indemnitees' right to recover under this Section 9. Consutltant shall pay
Indemnitees for any attorneys fees and costs incurred in enforcing these
indemnification provisions.
INSURANCE
10. Insurance Requirements.
a. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, the following policies of insurance
with minimum limits as indicated below and issued by insurers with A.M.
Best ratings of no less than A:VII:
1. Comprehensive commercial general liability insurance with minimum
limits of One Million Dollars ($1,000,000) per incident or accident for
bodily injury, death and property damage;
2. Automobile liability insurance for any owned, non -owned or hired vehicle
used in connection with the performance of the Services under this
Agreement with minimum combined single limits coverage of One
Million Dollars ($1;000,000); and
3 Workers' compensation insurance as required by the State of California.
b. The insurance required by this Section 10 shall apply on a primary non-
contributing basis. Any insurance or self-insurance maintained by GWMA,
GWMA's member agencies, the Watershed Permittees and their respective
officers, employees, agents, subcontractors or volunteers, shall be in excess of
Consultant's insurance and shall not contribute with it.
c. The automobile and comprehensive general liability insurance policies shall
contain an endorsement naming GWMA, the Watershed Permittees and their
officers, employees, officials and agents, as additional insureds. All insurance
I olicies shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty (30) days' prior written notice to
GWMA. All insurance policies shall be endorsed to delete the subrogation
condition as to GWMA and each Watershed Permittee, or shall explicitly
allow Consultant to waive Consultant's right of recovery prior to loss.
Consultant waives all rights of subrogation and contribution against GWMA
and each Watershed Permittee. Consultantshall require its insurer to modify
the certificates of insurance to delete any exculpatory wording stating that
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failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
d. Consultant shall require all . subconsultants or other third parties hired to
perform services under this Agreement, to carry, maintain, and keep in full
force and effect, insurance policies that meet the requirements of this Section
10, unless otherwise agreed to by GWMA. The procurement of insurance by
any subconsultant or other third party hired to perform services under this
Agreement shall not relieve Consultant from any duties or liability otherwise
arising under this Section 10.
e. Prior to performance of the Services under this Agreement, Consultant shall
file a certificate or certificates of insurance, together with the required
endorsements, with GWMA showing that the insurance, policies are in effect
in the required amounts.
TERMINATION
11. Supension and Termination by the Parties.
a.
Suspension by GWMA. The Project Manager may suspend this Agreement or
any portion of this Agreement or the' Services required under this Agreement
in accordance with Section 6 of this Agreement 'upon written notice to
Consultant. Upon receipt of a- notice of suspension, Consultant shall perform
no further services except as specified in the notice. GWMA shall pay
Consultant for services satisfactorily performed in accordance with this
Agreement to the date of suspension, subject to the limitation on GWMA's
payment obligations set forth in Section 6 of this Agreement: GWMA shall
reimburse Consultant for authorized expenses incurred to `the date of
suspension and ' not previously reimbursed, subject to the limitation on
GWMA's payment obligations set forth in Section 6 of this Agreement.
Termination by GWMA. The GWMA Governing Board may terminate this
Agreement or any portion of this Agreement or the Services required under
this Agreement for any reason on ten (10) calendar days' written notice to
Consultant. Upon receipt of a notice of termination, Consultant shall perform
no further services except as specified in the notice. Before the date of
termination, Consultant shall deliver to GWMA all work product, whether
complete or incomplete, prepared or compiled through the date of termination
and not otherwise previously delivered to GWMA. GWMA shall pay
Consultant for services satisfactorily performed in accordance with this
Agreement to the date of termination, subject to the limitation on GWMA's
payment obligations set forth in Section 6 of this Agreement. GWMA shall
reimburse Consultant for authorized expenses incurred to the date of
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termination and not ,previously reimbursed, subject to the limitation on
GWMA's payment obligations set forth in Section 6 of this Agreement.
Consultant shall not have any other claim against GWMA by reason of such
termination.
c. Termination by Consultant. Consultant may terminate this Agreement on
thirty (30) calendar days' written notice to GWMA only in the event of a
material default by GWMA, which default GWMA has not been cured within
thirty (30) days following receipt by GWMA of written notice from
Consultant specifying the basis of the alleged default.
ADMINISTRATION
12. GWMA's representative for administration of this Agreement is the Executive
Officer of GWMA, or such other person designated in writing by the GWMA
Governing Board ("Project Manager"). Consultant's representative for
administration of this Agreement is [NAME] ("Consultant's representative"),
unless notified in writing by Consultant that additional representatives are
authorized.
NOTICES
13. Any routine administrative communication between the Project Manager and the
Consultant's representative required to be in writing may be made by personal
delivery, first class U.S. mail, facsimile transmission or electronic mail. Any
other notices, invoices or reports required by this Agreement shall be given by
first class U.S. mail or by personal service. Notices shall be deemed received on
(a) the day, of delivery if delivered by hand or overnight courier service during
Consultant's and GWMA's regular business hours or by facsimile before or
during Consultant's regular business hours; or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses
below, or to such other addresses as the parties may, from time to time, designate
in writing pursuant to the provisions of this Section 13. All notices shall be
delivered to the parties at the following addresses:
If to GWMA: Gateway Water Management Authority
Attn:
Email:
Facsimile:
If to Consultant:
Attn:
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Email:
Facsimile:
WAIVER
14. No delay or omission to exercise any right, power or remedy accruing to GWMA
under this Agreement shall impair any right, power, or remedy of GWMA, nor
shall it be construed as a waiver - of, or consent to any breach or default. No
waiver of any breach, any failure of a condition, or any right or remedy under this
Agreement (1) shall be effective unless it is I in writing and signed by the party
making the waiver; (2) shall be deemed to be a waiver of, or consent, to any other
breach, failure of a condition, or right or remedy, or (3) shall be deemed to
constitute a continuing waiver unless the writing expressly so states.
ATTORNEY'S FEES
15. In the event that either party to this Agreement shall commence any legal action
or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs
of suit, including reasonable attorney's fees.
EXHIBITS
16. Exhibit A constitutes a part of this Agreement and is incorporated into this
Agreement by this reference. If any inconsistency exists or arises between a
provision of this Agreement and a provision of Exhibit A, the provisions of this
Agreement shall control.
ENTIRE AGREEMENT
17. This Agreement and Exhibit A constitutes the final, complete and exclusive
statement of the terms of the agreement between the parties pertaining to the
subject matter of this Agreement and supersedes all other prior or
contemporaneous oral or written understandings and agreements of the parties.
MODIFICATION
18. This Agreement may be supplemented, amended or modified only by a writing
signed by Consultant and the Project Manager or GWMA Chair.
[SIGNATURE PAGE FOLLOWS]
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The parties are signing this Agreement on the effective date.
GWMA
Consultant
Los Angeles Gateway Region Integrated
[COMPANY NAME],
Regional Water Management Authority
a [LEGAL ENTITY STATUS]
By:
By:
Name:
Name:
Title:
Title:
ATTEST:
By:
Name:
Title:
By:
Name:
(Please note: Two signatures required for
Title:
corporations pursuant to California Corporations
APPROVED AS TO FORM:
Code Section 313.)
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12664/0001/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
EXHIBIT C
The District agrees to pay their proportional share of costs of preparing the Plans
and other related costs to be incurred by the GWMA in accordance with the Cost Sharing
Allocation Formula reflected in Exhibit A, for an amount not -to -exceed $100,000.
Page 29
RECEIv
ED
MAY 2 8 2013
PffN-Q I N ISTRATI OIL
RECEIVED
,
STAFF REPORT
MAY 9 I OMMUNITY SERVICES & WATER DEPART
CITY C
DATE: June 4,.2013
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: RECOMMENDATION TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING FOR THE PURPOSES OF THE MUNICIPAL SEPARATE
SEWER STORM SYSTEM NATIONAL POLLUTANT DISCHARGE SYSTEM
PERMIT REQUIREMENTS
Recommendation
It is recommended that the City Council:
1) Find that the proposed Memorandum of. Understanding (MOU) between the Los Angeles
Gateway. Regional Water Management Joint Powers Authority (GWMA). and the Cities of Bell, Bell
Gardens, Commerce, Cudahy,: Huntington Park; Maywood, Vernon and the Los Angeles County Flood
Control District (Watershed Permittees) is exempt under the California Environmental Quality Act
(CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to prcjects.that
may have an effect on the environment;
2) Authorize the City Administrator to enter into the proposed MOU between GWMA and
the Watershed Permittees for administration and cost sharing to prepare a Watershed Management
Program (WMP) Plan and Coordinated Integrated Monitoring Program (CIMP) Plan as required by the
.Regional Water Quality Control Board Los Angeles Region (RWQCB), National Pollutant Discharge
Elimination System (NPDES). Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-
2012-0175 (Permit). The City. of Vernon's estimated cost share: for the WHIP Plan and CWT Plan is
$135,000. The term. of the MOU: is through July 1; 2023 however; the WMP and CIMP Plans are due by
June 28, 2014 to the RWQCB:
3) Authorize the Director of Community Services and Water to execute the Notice of Intent
(NOI) as required by the RWQCB NPDES MS4 Permit. The purpose of the NOI is to notify the
. RWQCB of the.Watershed Permittees' intent to develop a WMP Plan and CIMP Plan for the Los Angeles
River. Upper. Reach 2 Sub Watershed area. The NOI is due to .the. RWQCB by June 28, 2013.
Background
On November 8,.2012 the Los Angeles Regional Water Quality Control Board approved the new.
National Pollutant Discharge Elimination System (NPDES) Permit for Waste Discharge Requirements for
Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles
County, except those discharges originating from the City of Long Beach (hereinafter referred to as the MS4
Permit). The effective date of the MS4 Permit is December 28, 2012. .
The MS4 Permit places an emphasis on coordination of resources and efforts between the Permittees
such as. Integrated Watershed Planning. On April 16, 2013 the City Council provided approval to staff to
participate in a Watershed Management Program in cooperation with neighboring cities and administered by
GWMA. As such, staff has been working with the Watershed Permittees and GWMA on the attachedMOU.
ids such, the City of Vernon staff and the Watershed Permittees created the Los Angeles River Upper
Reach 2 Sub Watershed Committee.. The Watershed Permittees participating in the Los Angeles River .
Upper Reach. Sub Watershed. Committee consists of the cities of Bell, Bell Gardens,Commerce,
Cudahy,. Huntington Park,. Maywood, Vernon, and the Los Angeles County Flood Control District (FCD).
The Watershed Permittees drain exclusively to the Los Angeles River and the FCD owns and operates
storm drains in Reach 2 of the Los Angeles River.
Additionally, the Watershed Permittees. agreed to contract with the City of Huntington Park for the
preparation of a Request for Proposal (RFP) for the development of the WMP and CIIVIP Plans. The City of
Huntington Park's cost for said services is $15,000 and the City of Vernon's share for the RFP is $1,928.57.
The WMP and CIMP Plans are planning documents to integrate the various permit provisions
including TMDL compliance, monitoring, Receiving Water Limitations, non-Stormwater discharges, and
some of the public agency activities: The intent is to complete the WMP Plan and CIMP Plan on a
watershed scale: The WMP Plan must be developed to. include the following;
• Prioritize water quality issues (Total Maximum Daily Loads [TMDL] and Receiving Water
Limitations):
• Identify implementation strategies, control measures and Best.Management Practices (BMPs)
to achieve the water quality standards.
• Execute an integrated monitoring program and program assessment to determine progress
toward the water quality standards.
• : Include adaptive management based on the monitoring and program assessment.
• Provide opportunity for stakeholder input through a Technical Advisory Committee.
The new monitoring program creates, an extensive list of related activities the Permittees will be
responsible for completing and reporting. To plan the monitoring and ensure it supports the WMP Plan,
the Watershed Permittees will develop:a CIMP Plan. To fulfill this requirement, the MS4 Permit highly
encourages Permittees to. develop a coordinated plan with other Permittees in the same watershed. The
CIMP Plan must include the following:
• Receiving water monitoring (Washes, rivers, lakes, streams, etc.).
• Stormwater Outfall-based Monitoring (the point at which the stormdrain pipe outlets toa surface
water such as Saw Pit Wash). Stormwater flows must be monitored at a minimum of three times
per year for approximately 140 constituents and .upon each significantrain event.
• Non-Stormwater Outfall Screening and Monitoring Plan - the City must create and implement a
plan to screen and monitor non-stormwater discharges., Furthermore, flows must be tracked to.
identify the source and enforcement activities commenced on the discharger.
• Special testing = toxicity monitoring.
• TMDL monitoring monitor for TMDL constituents.
• Regional Studies - the City may be required to participate in regional studies.
New Development/Re-development effectiveness tracking - develop,a database of all new and re-
developed sites' BMPs and track maintenance and effectiveness of each BMP. .
As such, based on the requirements of the WMP Plan and CIMP Plan and potential feasibility of
projects in our region, staff is of the opinion that participating with the Watershed Permittees is most
economical: in the long term.
The deadline to submit the WMP Plan and. CIMP Plan is eighteen (18) months (June 28, 2014)
from the effective date if certain conditions are met in greater than fifty percent (50% o) of the land area
covered by the WMP. The conditions are that there are Low Impact Development.(LID) ordinances in
place and/or commence development of a LID ordinance(s) meeting the requirements of the MS4.
Permit's Planning and. Land Development Program within 60 days of the effective date of the Order and
have a draft ordinance within 6 months of the effective date of the Order. Additionally, .Permittees will
demonstrate that there are green streets policies in place. and/or, commence development of a policy(ies)
that specifies the use of green street strategies for. transportation corridors within 60 days.of the effective
date .of the Order and have a draft policy within 6 months. of the effective date of the Order. Said
requirements are to be included in the NOI. If said conditions are not met, the deadline to submit the,
WMP Plan and CIMP Plan to the RWQCB is. twelve (12) months (December 28, 2013).
Staff is currently finalizing a draft LID Ordinance, a LID Technical Guidance Manual, and a draft
Green Streets Policy: It is staff's intent to introduce said documents to the City Council at the June 1.8,
2013 City. Council meeting.
The MOU is between GWMA and the Watershed Permittees: GWMA will serve as the fiduciary agent
and conduit for paying the Consultant(s) as approved by the Watershed Permittees. The cost sharingformula is
a 45/45 split for the cost of the WMP and CRVIP Plans and land area between the seven neighboring cities with
the remaining ten percent (10%) funded by the FCD. The GWMA will add.a percentage not to exceed three
percent (3 %) to each invoice submitted to the Watershed Permittees for GWMA's staff time for retaining a
Consultant and invoicing the Watershed Permittees, audit expenses and: other overhead costs, including legal
fees, MOU costs incurred by GWMA in the performance of its duties under this MOU.
The MOU is for the preparation of a WMP Plan and CIIVIP Plan and does not include services related
to the implementation of the. WMP Plan. and required monitoring. Should the Watershed Permittees desire. to
collectively provide such services, staff will return to City Council with an amendment to the MOU or a new
MOU at such time. The MS4 Permit requires implementation of the WMP Plan and CAP Plan to commence
approximately ten ( l 0) months from the submittal date of June 28, 2014.
The NOI is a contractual agreement, per se advising the RWQCB that the Watershed Permittees will
develop and implement a WMP Plan, a CIMP Plan, an LID Ordinance, and a Green Streets Policy as
required by the MS4 Permit. The deadline to submit the NOI is June 28,:2013. Enclosed herewith is the.
latest draft version of the NOI. The LAR UR2 Sub Watershed Committee is currently finalizing the NOL
Fiscal Impact
At this time, the fiscal impact is estimated to be $137,000 for the WMP Plan, CIMP Plan and
preparation of the RFP,
SKW/ca
Enclosures
vi
t a T r
-�W d V y
e
COMMUNITY SERVICES &.WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark C. Whitworth, City Administrator
FROM: Samuel Kevin Wilson, of Community. Services & Water
DATE: May 28, 2013
SUBJECT: RECOMMENDATION TO ENTER INTO A MEMORANDUM OF.
UNDERSTANDING FOR THE PURPOSES OF THE MUNICIPAL SEPARATE
SEWER STORM SYSTEM NATIONAL POLLUTANT DISCHARGE SYSTEM
PERMIT REQUIREMENTS
Enclosed herewith is a Staff Report recommending.the following:
• The City Council find that the proposed.Memorandum of.Understanding (MOU) between the
Los Angeles Gateway Regional Water Management Joint Powers Authority (GWMA) and
the Cities. of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon
and the Los Angeles:County Flood Control District (Watershed Permittees) 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.
• The City Council authorize. the City Administrator to enter into the proposed MOU between
GWMA and the Watershed Permittees for administration and cost sharing to prepare a
Watershed Management Program (WMP) Plan and Coordinated Integrated Monitoring
Program (LIMP) Plan as required by the Regional Water Quality: Control Board, Los: Angeles
Region (RWQCB), National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm' Sewer System (MS4) Permit Order No. R4-20.12-0175 (Permit). The City of
Vernon's estimated cost share. for the.WMP Plan and CIMP Plan is $135,000. The term of
the MOU is through July1, 2023 however, the WMP and CIMP Plans are due by June 28;
2014 to the RWQCB.
• The City Council authorize the Director of Community Services and Water to execute the
Notice of Intent (NOI) as required by RWQCB NPDES MS4 Permit. The purpose of the
NOI is to notify the RWQCB of the Watershed Permittees' intentto. develop a WMP Plan
and CIMP Plan for the Los Angeles River Upper Reach 2 ,Sub Watershed area. The NOI is
due to the RWQCB by. June 28, 2013:
Please schedule this. item on the June 4, 2013 agenda for City Council consideration. Thank you:
SKW/ca
Enclosure