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Los Angeles County Flood Control District - FY2016-016-02 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, AND THE CITIES OF RANCHO PALOS VERDES, PALOS VERDES ESTATES, ROLLING HILLS, AND ROLLING HILLS ESTATES REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE PENINSULA CIMP AGENCIES This Second Amendment to the Memorandum of Understanding is made and entered into as of June 15, 2021 between THE CITY OF RANCHO PALOS VERDES,a body corporate and politic,THE CITY OF ROLLING HILLS ESTATES, a body corporate and politic,THE CITY OF ROLLING HILLS,a body corporate and politic, THE CITY OF PALOS VERDES ESTATES,a body corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT(LACFCD),a body corporate and politic,and THE COUNTY OF LOS ANGELES (COUNTY),a political subdivision of the State of California Collectively,these entities shall be known herein as"PARTIES"or individually as"PARTY" WITNESSETH WHEREAS, the PARTIES entered into a Memorandum of Understanding (MOU) on May 03, 2016 for the administration and cost sharing for implementing the Coordinated Integrated Monitoring Program(CIMP) for the Peninsula CIMP agencies, and WHEREAS,the PARTIES amended the MOU on August 07, 2018 to include the cost of monitoring for the Santa Monica Bay Beaches Bacteria TMDL to the Total Cost Allocations for implementing the CIMP, and WHEREAS,the PARTIES have agreed to cooperatively share and fully fund the costs of implementing the CIMP,as proposed in Table 1 of Exhibit A and Table 2 and Table 3 of Exhibit B, and WHEREAS, the PARTIES agree that the total annual cost for implementing the CIMP, preparing CIMP Annual Reports, and preparing any necessary revisions to the CIMP in compliance with the MS4 Permit shall not exceed $588,345 45 which includes a ten percent (10%) contingency and a five percent (5%) contract administration cost, and WHEREAS, the PARTIS agree that the final cost allocations will be based on the actual cost for implementing the CIMP, preparing CIMP Annual Reports, and preparing any necessary revisions to the CIMP in compliance with the MS4 Permit, and WHEREAS,the PARTIES agree to amend the MOU to include the updated cost of monitoring and data reporting for the Peninsula CIMP agencies,and WHEREAS,the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, the PARTIES agree as follows Section 1 Recitals The recitals set forth above are true and correct and incorporated into this Second Amendment to the MOU Section 2 Purpose The purpose of this Second Amendment to the MOU is to cooperatively fund the implementation and any required revisions of the CIMP and to coordinate the payment and performance of the monitoring and reporting services Section 3 Cooperation The PARTIES shall fully cooperate with one another to attain the purposes of this Second Amendment to the MOU Section 4 Voluntary This Second Amendment to the MOU is voluntarily entered into for the implementation of the CIMP Section 5 Term This Second Amendment to the MOU shall become effective on the last date of execution by a PARTY(EFFECTIVE DATE),and shall remain in effect for five(5)years from the EFFECTIVE DATE IN WITNESS WHEREOF,the PARTIES hereto have caused this Second Amendment to the MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES CITY OF RANCHO PALOS VERDES .� Date B 1 __lap — / ow Eric Alegn.. Mayor ATTEST d�� t `,i4 B Teresa Takaoka City Clerk APPROVED AS TO FORM ` City Attorney B - �� i� ham •4er CITY OF PALOS VERDES ESTATES 4A)Q ----- Date 5- 3 _ 2-02-I By Kemps, Mayor ATTEST By W. 4 .1/`2,‘-T lynn Chaney City Clerk APPROVED AS TO FORM City Attorney By /Z e 4-30-2021 John Cotd Date CITY OF ROLLING HILLS r � Date dilq/2o21 By 4!i J/ Bea Dieringer, err ATTEST' By Elaine Jen Acting City erk APPROVED AS TO FORM City Attorney 04/30/2021 By. Michael Jenkins Date CITY OF ROLLING HILLS ESTATES Date 05/04/2021 B Steven Zuc erman, Mayor ATTEST By Ca44,4, ova&e4,44, for 1Laure (Pettit City Clerk APPROVED AS TO FORM City Attorney g �C /�l�p ouu� Y May 4, 2021 Donald M Davis Date LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By IZ ark Pestrella ! Date Chief Engineer APPROVED AS TO FORM COUNTY COUNSEL Rodngo A Castro Silva By ci„:„____1 �RgCE CtfAtio 6 lA�y is ,202_% Deputy Date COUNTY OF LOS ANGELES By AOP 6/ / r-Ot Mark Pestrzig Date Chief Engin- r APPROVED AS TO FORM COUNTY COUNSEL Rodngo A Castro Silva County Counsel By S GR-Rc€ NAND ‘0, ‘g, 201-‘ Deputy Date Exhibit i Expected Costs for Palos Verdes Peninsula Watershed CIMP Implementation and Revision Table 1.Total CIMP Annual Implementation Costs and Reporting Outfall Monitoring(6 sites) • Access,Permits,Traffic Control,Sampling Plan and HSP $6,205.76 • Equipment/Labor $211,108.73 • Lab Sample Analyses and QA/QC $44,060.91 • Data Management,Analysis,and Reporting $69,109.62 Receiving Water Monitoring(2-4 sites) • Access, Permits,Traffic Control,Sampling Plan and HSP $1,128.32 • Equipment/Labor $32,157.13 • Laboratory $47,502.28 • Data Management and reporting $28,377.26 Santa Monica Bay Beaches Bacteria TMDL Monitoring(5 sites) • Monitoring, Data Management,Analysis,and Reporting • Sites have potential to be eliminated from monitoring once new MS4 Permit is approved $69,740.00 Subtotal w/o Contingency or Admin Costs $509390.00 Contingency(10%)for CIMP Revision $50,939.00 Contract Administ'ration(5%) $28,016.45 Grand Total $588,345.45 Tables 2 and 3 shall be modified as follows. Table 2.Total Cost Allocation Subtotal without Contract Area Percent of Percent of Total Annual PartyContingency Contingency3 Administrations (sq.mi.) Agency Areal City Area2 or Admin (5%) Cost4 City of Rancho Palos Verdes 13.5 52.73% _ 54.22% $257,712.09 $25,771.21 $14,174.17 $297,657.47 City of Palos Verdes Estates 4.8 18.75% 19.28% $91,630.97 $9,163.10 $5,039.70 $105,833.77 City of Rolling Hills Estates 3.6 14.06% 14.46% $68,723.22 $6,872.32 $3,779.78 $79,375.32 City of Rolling Hills 3 11.72% 12.05% $57,269.35 $5,726.94 $3,149.81 $66,146.10 County of Los Angeless 0.7 2.73% N/A $8,584.86 $858.49 $472.17 $9,915.52 LACFCD6 - - - $25,469.50 $2,546.95 $1,400.82 $29,417.27 Total 25.6 100% 100% , $509,390.00 $50,939.00 $28,016.45 $588,345.45 'Percent of Agency Area is the percent of total CIMP area including the County of Los Angeles Unincorporated area. 'Percent of City Area Is the percent of CIMP area excluding the County of Los Angeles Unincorporated area. 'Contingency costs include 10%the total estimated implementation costs before administrative costs. 'Cost includes cost based on area,contingency,plus administration costs for each agency. sThe County of Los Angeles cost only includes Outfall Monitoring. 6The Los Angeles County Flood Control District cost includes 5%for all services. Table 3.Agency Participation Summary Task RPV PVE RHE RH LAC LACFCD Outfall Monitoring P P P P P P Receiving Water Monitoring P P P P N P Santa Monica Bay Beaches Bacteria Shoreline Monitoring P P P P N P P Participating RHE City of Rolling Hills Estates N Not Participating RH City of Rolling Hills RPV City of Rancho Palos Verdes LAC County of Los Angeles PVE City of Palos Verdes Estates LACFCD Los Angeles County Flood Control District Exhibit B Peninsula Watershed Management Group CIMP MOU—Responsible Agencies Representatives 1. City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Party Representative:Charles Eder E-mail:charlese@rpvca.gov Phone: (310)544-5282 Fax:(310)544-5292 2. City of Palos Verdes Estates Department of Public Works 340 Palos Verdes Drive West Palos Verdes Estates,CA 90274 Party Representative:Tim Jonasson Email:tjonasson.hrgreen@pvestates.org Phone:(760)250-6722 Fax:(310)375-5918 3. City of Rolling Hills Estates Department of Public Works 4045 Palos Verdes Drive North Rolling Hills Estates,CA 90274 Party Representative: David Wahba E-mail: davidw@rollinghillsestatesca.gov Phone:310-377-1577 x-103 Fax:(310)377-4468 4. City of Rolling Hills Planning and Community Services Department 2 Portuguese Bend Road Rolling Hills,CA 90274 Party Representative: Meredith Elguira E-mail: melguira@cityofrh.net Phone:310-377-1521 Fax:(310)377-7288 S. Los Angeles County Flood Control District Department of Public Works Stormwater Quality Division, 11th Floor 900 South Fremont Avenue Alhambra,CA 91803-1331 Party Representative: Paul Alva E-mail: palva@dpw.lacounty.gov Phone:(626)458-4325 Fax:(626)457-1526 6. County of Los Angeles Department of Public Works Stormwater Quality Division, 11th Floor 900 South Fremont Avenue Alhambra,CA 91803-1331 Party Representative: Paul Alva E-mail:palva@dpw.lacounty.gov Phone:(626)458-4325 Fax:(626)457-1526 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, AND THE CITIES OF RANCHO PALOS VERDES, PALOS VERDES ESTATES, ROLLING HILLS, AND ROLLING HILLS ESTATES REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE PENINSULA CIMP AGENCIES This First Amendment to the Memorandum of Understanding is made and entered into as of August 7, 2018 between THE CITY OF RANCHO PALOS VERDES, a body corporate and politic,THE CITY OF ROLLING HILLS ESTATES, a body corporate and politic, THE CITY OF ROLLING HILLS, a body corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and THE COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California. Collectively, these entities shall be known herein as"PARTIES" or individually as "PARTY". WITNESSETH WHEREAS, the PARTIES entered into a Memorandum of Understanding on May 03, 2016 for the administration and cost sharing for implementing the Coordinated Integrated Monitoring Program (CIMP)for the Peninsula CIMP agencies;and WHEREAS, the Sanitation Districts of Los Angeles County (Sanitation Districts) was already conducting weekly shoreline monitoring satisfying the requirements of the Santa Monica Bay Beaches Bacteria TMDL, a part of the CIMP, at no cost to the PARTIES; and WHEREAS, the Sanitation Districts notified the PARTIES that effective June 30, 2018, the Sanitation District would discontinue this monitoring; and WHEREAS, the PARTIES have solicited and received bids from qualified monitoring contractors to continue this monitoring; and WHEAREAS,the PARTIES collaboratively selected a CONTRACTOR to continue this monitoring; and WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the actual costs of implementing shoreline monitoring satisfying the requirements of the Santa Monica Bay Beaches Bacteria TMDL, a part of the CIMP, as estimated in Table 2 NOW, THEREFORE, the Parties agree to amend the Memorandum of Understanding to include the cost of monitoring for the Santa Monica Bay Beaches Bacteria TMDL to the Total Cost Allocations for implementing the CIMP. Tables 2 and 3 are amended to read as follows: 65277.00001\31318074.1 Tables 2 and 3 shall be modified as follows. Table 2.Total Cost Allocation Area Percent of Percent of Total without Contract Subsequent PartyContingency Contingency3 Administrations 2018-19 Cost Annual Cost (sq.mi.) Agency Areal City Areaa or Admin (5%) (2019-2022) City of Rancho Palos Verdes5 13.5 52.73% 54.22% $215,491.06 $21,549.11 $10,774.55 $247,814.72 $235,422.68 City of Palos Verdes Estates 4.8 18.75% 19.28% $76,620.29 $7,662.03 $3,831.01 $88,113.33 $83,706.87 City of Rolling Hills Estates 3.6 14.06% 14.46% $57,464.96 $5,746.50 $2,873.25 $66,084.71 $62,779.86 City of Rolling Hills6 3 11.72% 12.05% $44,759.30 $4,475.93 $2,237.97 $51,473.20 $48,719.16 County of Los Angeles? 0.7 2.73% N/A $6,354.00 $635.40 $317.70 $7,307.10 $7,307.10 Area Allocated Total $460,793.05 $437,935.67 LACFCD - - - $21,089.00 $2,108.90 $1,054.45 $24,252.35 $23,049.45 Total 25.6 100% 100% $421,778.61 $42,177.86 $21,088.93 $485,045.40 $460,985.12 1 Percent of Agency Area is the percent of total CIMP area including the County of Los Angeles Unincorporated area. 2 Percent of City Area is the percent of CIMP area excluding the County of Los Angeles Unincorporated area. 'Contingency costs include 10%the total estimated implementation costs before administrative costs. Cost includes cost based on area plus administration costs for each agency.The Santa Monica Bay Beaches Bacteria TMDL monitoring contractor estimated higher Year 1(2018-2019)costs;the monitoring cost for subsequent years will be lowered and expected to be consistent. 5 The City of Rancho Palos Verdes has agreed to pay for the non-stormwater screening services and RFP/MOU development prior to MOU execution. 6 The City of Rolling Hills is paying for a separate non-stormwater screening;therefore,the non-stormwater screening costs are only applied to the agencies participating in those efforts. 'The County of Los Angeles cost includes all services except for Receiving Water Monitoring. Table 3.Agency Participation Summary Task RPV PVE RHE RH LAC LACFCD Receiving Water Monitoring P P P P N P Outfall Monitoring P P P P P P Outfall Screening C P P N P P RFP/MOU Development C P P P P P Santa Monica Bay Beaches Bacteria Shoreline Monitoring P P P P N P C Credited RHE City of Rolling Hills Estates P Participating RH City of Rolling Hills N Not Participating LAC County of Los Angeles RPV City of Rancho Palos Verdes LACFCD LA County Flood Control District PVE City of Palos Verdes Estates 65277.00001\31318074.1 Except as above modified, in all other respects the Memorandum of Understanding remains in full force and effect. 65277.00001\31318074.1 COUNTY OF LOS ANGELES By Mkt 1 o/Z// S ARK PESTRE � , 1 Date Director of Publi orks APPROVED AS TO FORM: MARY C. WICKHAM County Counsel / By ILS. el/47/0 Deputy I Date Page 1 of 6 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT BY 40— ----- / /1 F012_Chief En- eer Date APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By Slit/1g D 4:TAy Date e Page 2 of 6 CITY OF RANCHO PALOS VERDES Date: By: City Manager ATTE`,T: -_ �. By• EI APPROVED AS TO FORM: p ) By: 11 City Attornecci Page 3 of 6 CITY OF PALOS VERDES ESTATES I Date: 0°► bH I$ By Betty Lin dterson, Mayor ATTEST: reavipm_ if uren Pettit, Ci Clerk APPROVED AS TO FORM: By: Z ea/ risti Hogin, City Attorney Page 4 of 6 CITY OF ROLLING HILLS ESTATES Date: el'itt i Ig By: OD I ilL4 / Britt Hu , Mayo// ATTEST: By: i / I Heidi Luce City Clerk APPROVED AS TO FORM: PIC/Ci Attorney Donald M.M. Davis Page 5 of 6 CITY OF ROLLING HILLS Date: g 77/ /S/ i By: p ,/ � P.,/%11 Filson, Mayor ATTEST: By_ a di i(/\ Yv tte Hall City Clerk APPROVED AS TO FORM: City imeto B . _ % IL "ichael Jenkins Ni Page 6 of 6 MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, AND THE CITIES OF RANCHO PALOS VERDES, PALOS VERDES ESTATES, ROLLING HILLS, AND ROLLING HILLS ESTATES REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE PENINSULA CIMP AGENCIES This Memorandum of Understanding (MOU), is made and entered into between THE CITY OF RANCHO PALOS VERDES, a body corporate and politic, THE CITY OF PALOS VERDES ESTATES, a body corporate and politic, THE CITY OF ROLLING HILLS ESTATES, a body corporate and politic, THE CITY OF ROLLING HILLS, a body corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and THE COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California. Collectively, these entities shall be known herein as "PARTIES" or individually as "PARTY". WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (Regional Board) adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the LACFCD, the COUNTY, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster)within Los Angeles County comply with the prescribed terms of the MS4 Permit; and WHEREAS, the MS4 Permit identified the PARTIES as permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Los Angeles Region's Watershed Management Area(s); and WHEREAS, the PARTIES entered into a Memorandum of Understanding on August 6, 2013 to collaborate in the development of a Coordinated Integrated Monitoring Program (CIMP) for the Santa Monica Bay and Dominguez Channel Watershed(s)within the Palos Verdes Peninsula Enhanced Watershed Management Program Area; and WHEREAS, the CIMP was submitted to the Regional Board by the PARTIES on June 27, 2014 and was approved by the Regional Board on February 4, 2016; and WHEREAS, the PARTIES collaboratively selected contractors (CONTRACTORS) to assist the PARTIES with implementation of the CIMP, which is incorporated into this MOU by reference; and WHEREAS, the PARTIES propose to hire CONTRACTORS as set forth in Section 6(a) below, to implement the CIMP, prepare CIMP Annual Reports, and prepare any necessary revisions to the CIMP in compliance with the MS4 Permit; and WHEREAS, the PARTIES have determined that hiring CONTRACTORS to implement the CIMP will be beneficial to the PARTIES, and they have agreed to contribute funds to the CITY OF RANCHO PALOS VERDES, who will act on behalf of the PARTIES to contract with the CONTRACTORS for the implementation of the CIMP; and WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the actual costs of implementing the CIMP, as estimated in Table 1 of Exhibit A, based on the cost allocation formula contained in Table 2 of Exhibit A; and WHEREAS, the PARTIES have agreed that the total annual cost for implementing the CIMP shall not exceed $382,432 which includes a five percent (5%) contract administration cost and a ten percent (10%) contingency; and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows: Section 1. Recitals. The recitals set forth above are true and correct and incorporated into this MOU. Section 2. Purpose. The purpose of this MOU is to cooperatively fund the implementation of the CIMP and to coordinate the payment and performance of the monitoring and reporting services. Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOU. Section 4. Voluntary. This MOU is voluntarily entered into for the implementation of the CIMP. Section 5. Term. This MOU shall become effective on the last date of execution by a PARTY (EFFECTIVE DATE), and shall remain in effect for five (5) years from the EFFECTIVE DATE. Section 6. The CITY OF RANCHO PALOS VERDES agrees: a. Consultant Services. To select CONTRACTORS for implementation of the CIMP, and any subsequent changes to the CIMP as agreed upon by the PARTIES and approved by the Regional Board. The CITY OF RANCHO PALOS VERDES will be compensated for the administration of the consultant services contracts at a rate of five percent(5%) of each PARTY's contract cost as described in Table 2 of Exhibit A. The CITY OF RANCHO PALOS VERDES will comply with all of its procurement requirements applicable to said selection. b. LACFCD Facilities. To obtain any necessary permits from LACFCD for access to and construction within LACFCD storm drains, channels, catch basins, and similar properties (FACILITIES) and provide written notice seventy-two (72) hours in advance of entry to LACFCD's FACILITIES. c. Report., To submit reports to the Regional Board as described in the CIMP and distribute copies of the reports to the PARTIES for review and comment prior to submittal to the Regional Board. The CITY OF RANCHO PALOS VERDES will provide the PARTIES with an electronic copy of the draft CIMP Annual Report and completed CIMP Annual Report within seven (7) business days after receipt from the CONTRACTORS. In addition, the CITY OF RANCHO PALOS VERDES will submit to the PARTIES the data used to prepare the reports. This data will be transmitted electronically in a Microsoft Excel format that contains the table structure and syntax agreed upon by the PARTIES. d. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts shown in Table 2 of Exhibit A. The annual payments for the period of July 1 through June 30 will be invoiced in July of that year, except for the first invoice, which will be issued within thirty(30)days of the EFFECTIVE DATE. At the end of each fiscal year, any unused funds will be rolled over and used towards future years of CIMP implementation. e. Expenditure. To utilize the funds deposited by the PARTIES only for the administration of the consultant services contracts and the implementation of the CIMP. The CITY OF RANCHO PALOS VERDES will provide an accounting of funds expended and remaining at the end of each fiscal year. f. Termination. To provide an accounting upon termination of this MOU. At the completion of the accounting, the CITY OF RANCHO PALOS VERDES shall return any unused portion of all funds deposited with the CITY OF RANCHO PALOS VERDES in accordance with the cost allocation formula set forth in Table 2 of Exhibit A. g. Permits. To make a full-faith effort to work with the CONTRACTORS to obtain all necessary permits for installation of permanent infrastructure or modifications to monitoring sites, and subsequent access during monitoring events and maintenance. Section 7. The LACFCD agrees: a. Access to LACFCD Facilities. To grant access to the CITY OF RANCHO PALOS VERDES and its CONTRACTORS to LACFCD FACILITIES to achieve the purposes of this MOU, provided the CITY OF RANCHO PALOS VERDES and its CONTRACTORS obtain a permit and provide written notice seventy-two (72) hours in advance of entry to LACFCD's FACILITIES. Section 8. The PARTIES further agree: a. Payment. To fund the cost of the implementation of the CIMP and to pay the CITY OF RANCHO PALOS VERDES for their proportional share of the estimated cost for the implementation of the CIMP and contract administration not exceeding the invoice amounts as shown in Table 2 of Exhibit A, within sixty (60) days of receipt of the invoice from the CITY OF RANCHO PALOS VERDES. The cost estimates presented in Exhibit A have been agreed upon by the PARTIES and are subject to changes in the CIMP pursuant to new Regional Board requirements and/or unforeseen challenges in the field. Any such changes proposed to the PARTIES' proportional share are subject to funding appropriation and will require written approval of the PARTIES. b. Documentation. To make a full-faith effort to cooperate with one another to achieve the purposes of this MOU by providing all requested information and documentation in their possession and available for release to the CONTRACTORS that is deemed necessary by the PARTIES to implement the CIMP. c. Access. Each PARTY will allow reasonable access and entry to the CITY OF RANCHO PALOS VERDES and its CONTRACTORS, on an as needed basis during the term of this MOU, to each PARTY's FACILITIES to achieve the purposes of this MOU, provided, however, that prior to entering any of the PARTY's FACILITIES, the CONTRACTORS shall obtain a permit (if required by PARTY) or other approval from such PARTY and provide written notice in advance of entry to the applicable PARTY (in accordance with LACFCD or the applicable agency's notification policy). d. Permit. Each PARTY will make a full-faith effort to work with the CONTRACTORS to obtain all necessary permits for installation of permanent infrastructure or modifications to stormwater monitoring sites within each PARTY's jurisdiction. Section 9. Indemnification. a. Each PARTY shall indemnify, defend, and hold harmless every other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with the respective acts of that PARTY arising from or related to this MOU; provided, however, that no PARTY shall indemnify another PARTY for that PARTY's own negligence or willful misconduct. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the PARTIES hereto, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2 of the Government Code. To achieve the above stated purpose, each PARTY indemnifies, defends, and holds harmless every other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 10. Termination and Withdrawal. a. This MOU may be terminated upon the express written agreement of all PARTIES. If this MOU is terminated, then all PARTIES must agree on the equitable redistribution of remaining funds deposited, if there are any, or payment of invoices due at the time of termination. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONTRACTORS still under contract will be held by the PARTY or PARTIES who fund the completion of such work. b. If a PARTY wishes to withdraw from this MOU for any reason, that PARTY's governing body must adopt a resolution approving the PARTY's withdrawal, and that PARTY must give the other PARTIES and the Regional Board prior written notice of the withdrawal. The withdrawing PARTY shall be responsible for its share of the CIMP implementation cost through the end of the then current monitoring year (July 1 through June 30), including costs for reporting of data and results during the monitoring year which said PARTY withdraws. Moreover, unless the withdrawing PARTY provides written notice of withdrawal to the other PARTIES by March 1, the withdrawing PARTY shall also be responsible for its share of the CIMP implementation costs through the end of the following monitoring year(e.g.,. If a PARTY withdraws on or after March 2, 2016, said PARTY is responsible for its share of costs for both monitoring year 2015-2016 and monitoring year 2016-2017. If the same PARTY withdraws on or before March 1, 2016, said PARTY is responsible for costs only for monitoring year 2015-2016, not for monitoring year 2016-2017.). Such CIMP implementation costs shall include the remaining fees of any CONTRACTORS retained by the City of Rancho Palos Verdes through the end of the applicable monitoring year(s). The effective date of withdrawal shall be the sixtieth (60th)day after the City of Rancho Palos Verdes receives written notice of a PARTY's intent to withdraw. Should any PARTY withdraw from this MOU, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Table 2 of Exhibit A. Each PARTY shall be responsible for its proportional share of the CIMP implementation costs incurred through the completion of all requirements of the monitoring year (e.g., completion of the annual report due December 15, 2016, covering the monitoring period from July 1, 2015 to June 30, 2016). Each PARTY shall also be responsible for the payment of its own fines, penalties and costs incurred as a result of the non-performance of the CIMP. c. If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, then that PARTY shall forfeit its rights to work completed through this MOU, but no such forfeiture shall occur unless and until the defaulting PARTY has first beengiven notice of its default and a reasonable opportunity to cure the alleged . default. As used in this MOU, a "reasonable opportunity to cure" means within fourteen (14) days after receipt of notice of a default, or under circumstances where the default cannot reasonably be cured within a fourteen (14) day period, the PARTY fails to begin curing such default within the fourteen (14) day period, or fails to continue to diligently correct such default until finally cured. d. The CITY OF RANCHO PALOS VERDES shall notify in writing all PARTIES, and may notify the Regional Board, within fourteen (14) days of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOU. The non-delinquent PARTIES will determine the next course of action. The remaining cost will be distributed based on the existing cost allocation formula in Table 2 of Exhibit A, subject to annual funding availability. If the increase is more than the ten percent (10%) contingency, an amendment to this MOU must be executed to reflect the change in PARTIES and cost share. Section 11. General Provisions. a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via e-mail. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. b. Administration. For the purposes of this MOU, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOU on behalf of such PARTY. c. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY. d. Binding Effect. This MOU shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOU without prior written consent of the other PARTIES. e. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES. A PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 8(a), withdraws pursuant to Section 10(b), or fails to substantially comply with the terms and/or conditions of this MOU pursuant to Section 10(c). f. Law to Govern. This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. g. Severability. If any provision of this MOU shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU shall not be affected, and this MOU shall be construed as if the invalid, illegal, or unenforceablep rovision had never been contained in this MOU. h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. i. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU must be express and in writing, and shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU must be express and in writing, and shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. j. 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 one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. k. No Presumption in Drafting. All PARTIES have been represented by legal counsel in there aration and negotiation of this MOU. Accordingly, this MOU shall be p p construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as described in Section 11(e). IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: COUNTY OF LOS ANGELES ��AIL F A/BER, Director of Public Works Date APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By �-� - g/ Z016 Deputy Date Page 9 of 14 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By AIL BER, Chief Engineer Date APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By .3n/20/6 Deputy Date Page 10 of 14 CITY OF RANCHO PALOS VERDES Date: 1/41)/1.° , Ken Dyd -! ayor ATTEST: By: City Clerk APPROVED AS TO FORM: A By: -41 City Atto`ant CITY OF PALOS VERDES ESTATES Date: 3 Ca/1(0 By: .� /L.� James .. 'Good h Goodh- , Mayor ATTEST: -12By: ��C140i, Vickie Kroneberger 4?) City Clerk APPROVED AS TO FORM: City Attorney By: /Y(//Z(e)r:/_ Ch sti Hogan Page 12 of 14 CITY OF ROLLING HILLS ESTATES Date: 3( .3 10 By: Steve Ackerman, Mayor ATTEST: By. ,4 Doug ichard City Clerk APPROVED AS TO FORM: City rney B Cy Y• c'� Donald M. Davis Page 13 of 14 CITY OF ROLLING HILLS Date: 242cIIi1 / Byy �ayor ATTEST: By: 4-eUkt 1 Heidi Luce City Clerk APPROVED AS TO FORM: City A or e Michael Jenkins Page 14 of 14 EXHIBIT A Peninsula Watershed Management Group Funding Contributions for CIMP Implementation Table 1. Total CIMP Annual' Implementation Costs Labor Analytical Equipment Description and ODC Total Cost Hourly Hours Cost Cost Cost Rate Nonstormwater Screening Non-SW Screening/Source ID/Reporting $24,810 1 $24,810 Nonstormwater Screening Total $24,810 Receiving Water Monitoring Sampling Plan and Integrated Health and Safety Plan $7,600 Receiving Water Sampling $20,200 Sample Analysis and QA/QC $50,300 Electronic Data Management and Reporting $11,700 Receiving Water Monitoring Total $89,800 Outfall Monitoring Sampling Plan and Integrated Health and Safety Plan $13,900 Outfall Sampling $119,750 2 Flowmeters(Optional) $18,450 Sample Analysis and QA/QC $24,200 Electronic Data Management and Reporting $6,200 Outfall Monitoring Total(with optional costs) $182,500 Remaining Tasks Project Initiation and Planning 20 $125 $2,500 _ $2,500 MOU/RFP Development _ 52 $125 $6,500 j $6,500 Integrated Monitoring Compliance Report 200 $125 $25,000 j $25,000 Remaining Tasks Total $34,000 SubTotal Cost(without Contingency or Admin.) $331,110 Contingency Factor 10% Contingency $33,111 Administration Cost(5%)2 $18,211 Total Cost $382,432 LACFCD Allocation (5%)3 $19,122 Total Remaining Cost for Participation and Area Based Allocation(Total Cost Less LACFCD 5%) $363,310 1 The annual costs for subsequent years are not to exceed this amount plus CPI. 2 Administration costs are estimated to be 5%of the estimated total cost plus contingency. 3 The Los Angeles County Flood Control District(LACFCD)has committed to contributing 5%of the Total Cost for their share in the implementation of the CIMP.LACFCD's cost share equals 5%of(total cost+contingency+administrative costs). Table 2. Total Cost Allocation Area Percent of Percent of Total without Contract Total Annual Party Contingency or Admin Contingency Administration(5%) Costo (Sq.mi.) Agency Areal City Area2 g Y City of Rancho Palos Verdes5 13.5 52.73% 54.22% $168,793 $16,879 $9,284 $194,956 City of Palos Verdes Estates 4.8 18.75% 19.28% $60,015 $6,002 $3,301 $69,318 City of Rolling Hills Estates 3.6 14.06% 14.46% $45,011 $4,501 $2,476 $51,988 City of Rolling Hills6 3.0 11.72% 12.05% $34,381 $3,438 $1,891 $39,710 County of Los Angeles 0.7 2.73% N/A $6,354 $635 $349 $7,338 Area Allocated Total $363,310 LACFCD - - - $16,556 $1,656 $910 $19,122 Total 25.6 100.00% 100.00% $331,110 $33,111 $18,211 $382,432 1 Percent of Agency Area is the percent of total CIMP area including the County of Los Angeles Unincorporated area. 2 Percent of City Area is the percent of CIMP area excluding the County of Los Angeles Unincorporated area. 3 Contingency costs include 10%the total estimated implementation costs before administrative costs. 4 Total annual cost includes cost based on area plus administration costs for each agency. 5 The City of Rancho Palos Verdes has agreed to pay for the non-stormwater screening services and RFP/MOU development prior to MOU execution. 6 The City of Rolling Hills is paying for a separate nonstormwater screening;therefore,the nonstormwater screening costs are only applied to the agencies participating in those efforts. The County of Los Angeles cost includes all services except for Receiving Water Monitoring. Table 3. Agency Participation Summary Task RPV PVE RHE RH LAC LACFCD Receiving Water Monitoring P P P P N P Outfall Monitoring P P P P P P Outfall Screening C P P N P P RFP/MOU Development C P P P P P C Credited RHE City of Rolling Hills Estates P Participating RH City of Rolling Hills N Not Participating LAC County of Los Angeles RPV City of Rancho Palos Verdes LACFCD LA County Flood Control District PVE City of Palos Verdes Estates EXHIBIT B Peninsula Watershed Management Group CIMP MOU - Responsible Agencies Representatives 1. County of Los Angeles Department of Public Works, Watershed Management Division, 11t" Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Angela George E-mail: AGEORGE@dpw.lacounty.gov Phone: (626) 458-4325 Fax: (626) 457-1526 2. Los Angeles County Flood Control District Department of Public Works, Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Terri Grant E-mail: TGRANT@dpw.lacounty.gov Phone: (626) 458-4309 Fax: (626) 457-1526 3. City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Party Representative: Andy Winje, Senior Engineer E-mail: andyw@rpv.com Phone: (310) 544-5249 Fax: (310) 544-5292 4. City of Palos Verdes Estates 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 Party Representative: Anton Dahlerbruch, City Manager E-mail: adahlerbruch@pvestates.org Phone: (310) 378-0383 Fax: (310) 375-5918 5. City of Rolling Hills Estates 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274 Party Representative: Greg Grammer, Assistant City Manager E-mail: gregg@ci.rolling-hills-estates.ca.us Phone: 310-377-1577 x-107 Fax: (310) 377-4468 6. City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Party Representative: Raymond R. Cruz, City Manager E-mail: rcruz@cityofrh.net Phone: (310) 377-1521 Fax: (310) 377-7288