LAC MOU NPDES Permit •
Memorandum of Understanding
This MEMORANDUM OF UNDERSTANDING ("MOU") is made as of
Amt_ , 2007, by and between the signatories to this MOU.
Recitals
A. Pursuant to the provisions of the federal Clean Water Act, the
California Porter Cologne Water Quality Act, and regulations adopted in
conjunction therewith, the California Regional Water Quality Control Board for the
Los Angeles Region ("Regional Board") is responsible for developing a National
Pollutant Discharge Elimination System("NPDES")permit. The NPDES permit
dictates the conditions under which subject agencies may discharge urban runoff
and storm water into the waters of the United States. The signatories to this MOU
are co-permittees to an NPDES permit issued to the County of Los Angeles as the
principal permittee.
B. Each NPDES permit is valid for five years, or until such time
thereafter as the Regional Board can develop a new permit.
C. The signatories desire to cooperate in an effort to gather information
regarding best storm water management practices and to engage and assist the
Regional Board and other involved agencies in developing sound, cost-effective,
and practicable conditions for NPDES permits and related regulations,
requirements, and programs.
THEREFORE, the parties agree as follows:
1. Term. This MOU shall be valid for one year and shall be
automatically renewed each year thereafter, beginning on the first day of each
fiscal year. Any signatory may terminate its participation in this MOU upon 60
days written notice to the other signatories prior to the start of the fiscal year.
2. Meetings. Representatives of the signatories shall meet from time to
time, but no less than quarterly, to share information regarding current storm water
management efforts and to coordinate activities surrounding NPDES permits.
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3. Activities. The signatories shall share costs to engage consultants,
public affairs agents, and technical advisors for the purposes set forth above in the
Recitals.
A. The representatives of the signatories shall develop a tentative cost
allocation for the forthcoming fiscal year by January of each year.
B. Anticipated costs for the fiscal year shall be paid by the signatories at
the start of each fiscal year, each paying an equal share. Notwithstanding
this provision, a signatory may elect to make quarterly payments by
providing written notice to the other signatories. Payments shall not exceed
the total amount set forth in Exhibit A unless additional payment is approved
as provided in this MOU.
C. The signatories may elect to increase the amounts set forth in Exhibit
A if the increase is approved by a two-thirds majority of the representatives
of the signatories.
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D. Notwithstanding Section 1 of this MOU, if a signatory disagrees with
a decision by the other signatories to increase the costs as set forth in
paragraph C, the signatory may terminate its participation in this MOU
within 30 days after the signatories agree to increase the costs. The
signatory shall remain responsible for its prorated share of the costs for that
year minus any increased costs.
4. Administration. The signatories will coordinate their efforts in the
following manner:
A. Once each year, or more often if needed, the representatives of the
signatories shall designate one of the signatories to serve as the
administrator. This designation shall require two-thirds approval of the
representatives of the signatories. The administrator, or its designated
representative, shall collect, be the depository of, and have custody of, all
funds. The administrator shall be accountable for all funds and for reporting
all receipts and disbursements to the signatories. The signatories shall hold
the administrator and any designated representative harmless from all claims
and liability arising from the reasonable performance of its duties in
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accordance with generally accepted governmental procedures and
accounting practices.
B. The signatories shall select three Administrative Representatives to
coordinate the activities of public affairs agents, technical advisors, and
consultants shared by the signatories. Each Administrative Representative
will serve a one-year term. The initial Administrative Representatives shall
be Katie Lichtig, Scott Ochoa, and Ray Taylor. Each Administrative
Representative shall be elected by a majority vote of the representatives of
the signatories, with each signatory having one vote. Administrative
Representatives may be replaced by a two-thirds vote of the representatives
of the signatories following 30 days advance written notice of the proposed
action to all of the signatories.
5. Additional Parties. Any local agency that joins this cost sharing effort
after the beginning of the fiscal year shall pay a prorated amount of the costs for
that year. As additional local agencies join the cost sharing arrangement, and the
amount owed by each individual agency is therefore reduced, monies shall be
reimbursed to previous signatories on a pro rata basis.
6. Concurrent Participation. As a condition of participating in this effort,
the signatories agree not to participate in other regional storm water organizations.
7. Ratification. The approval of this MOU by nine local agencies shall
be sufficient for the establishment of this MOU as between those local agencies.
8. Termination. In the event of dissolution, the administrator shall
proportionally distribute all outstanding balances among the signatories.
9. No Separate Entity. This MOU establishes a framework for local
agency cooperation on storm water issues. Nothing in this MOU shall be construed
to create an entity separate from the local agencies that join in this cooperative
effort. The agencies that join together in this effort may be referred to collectively
as the Los Angeles Storm Water Quality Partnership.
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Rancho Palos
WHEREFORE, the City of Verdes hereby enters into this
Memorandum of Understanding as of June 5 , 2007.
CITY OF Ranch. Palos t-rdes
1
t I
By: �
Mayor
Attest:
(1,4e4&
City Clerk
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Exhibit A
Exhibit A
Cost Structure
The following table represents the total costs to be shared by the local agencies
who sign this Memorandum of Understanding . Each signatory agrees to pay its
share of these costs each year, which share shall not exceed 1/n, where n equals
the total number of signatories. Modifications to this table may only be made in
the manner set forth in this MOU.
Policy/Technical Consultant: $12,500/month
Public Affairs Agents: $10,000/month
Auxiliary Costs:* up to $5,000/month
Total:** $27,500/month
* The Auxiliary Costs will not be paid by the signatories unless approved by a
two-thirds majority of the representatives of the signatories. The purpose of the
Auxiliary Costs, if invoked, will be to contract additional technical experts or
augment specific programs already in existence.
** This total includes the unassessed Auxiliary Costs. Unless invoked, each
signatory's proportion of the total monthly amount of costs will be $22,500 x 1/n.
Absent modifications to this cost sharing agreement, the total monthly cost to each
signatory shall not exceed 27,500 x 1/9, or$3,056.
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