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CC SR 20200421 H - Anchor QEA Agreement Extension CITY COUNCIL MEETING DATE: 04/21/2020 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to extend the existing professional services agreement with Anchor QEA, LLC to implement the Coordinated Integrated Monitoring Program (CIMP). RECOMMENDED COUNCIL ACTION: (1) Authorize Amendment No. 1 to the Anchor QEA, LLC contract extending the term to December 31, 2021 and adding $389,650 thereby changing the not-to-exceed total contract amount from $1,021,350 to $1,411,000. FISCAL IMPACT: The contract cost of $389,650 is shared among several agencies with the Peninsula Water Management Group. The current Fiscal Year 2019-20 budget has allotted $225,500 toward the City of Rancho Palos Verdes’ portion of the implementation for this portion of monitoring activities. The balance of the total is the responsibility of the other cities in the group and the City of Rancho Palos Verdes will invoice and collect their shares. Amount Budgeted: $225,500 Additional Appropriation: 0 Account Number(s): 101-400-3130-5101 (General Fund-Storm Water Quality/Professional Services) ORIGINATED BY: Charles Eder, PE, Senior Engineer REVIEWED BY: Elias Sassoon, PE, Director of Public Works APPROVED BY: Ara Mihranian, AICP, Interim City Manager ATTACHED SUPPORTING DOCUMENTS: A. Professional Services Agreement with Anchor QEA, LLC. (page A-1) B. Amendment No. 1 to Anchor QEA, LLC (page B-1) C. MOU Agreement (page C-1) D. June 17, 2014 City Council Staff Report (page D-1) E. Regional Board Notification (page E-1) 1 BACKGROUND AND DISCUSSION: With the adoption by the Los Angeles Regional Water Quality Control Board (Regional Board) of the new Municipal Separate Storm Sewer Permit (MS4 Permit) in 2012, the City elected to choose a compliance path that requires the development of a Coordinated Integrated Management Program (CIMP). The CIMP is a technical document that lays out the requirements for collecting samples of urban runoff, analyzing for pollutants and reporting the monitoring findings to the Regional Board. The City Council approved a memorandum of understanding (MOU) (Attachment C) between the Peninsula Water Management Group (WMG) agencies (the cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, Rolling Hills Estates, Los Angeles County and the Los Angeles County Flood Control District) to enable Peninsula cities to work together and develop a single CIMP document and for the purpose of realizing the financial benefits associated with a larger project (economies of scale). The City of Rancho Palos Verdes, having the largest land area of the group, serves as the chair of the Peninsula WMG. On June 17, 2014, the City Council directed Staff to submit a draft CIMP to the Regional Board for approval (Attachment D). On February 4, 2016, the Regional Board notified the City that the draft CIMP, as amended during several rounds of comments, was approved and finalized (Attachment E). All cities in the Peninsula WMG entered into an MOU to implement the CIMP on August 6, 2013. The costs to implement the CIMP is shared among the agencies of the Peninsula WMG primarily in proportion to land area. The City of Rancho Palos Verdes invoices other entities and collects their shares. The CIMP MOU was approved by other participating agencies and was fully executed by the City Council on April 5, 2016 (Attachment C). In that same meeting, the City Council also approved and awarded a professional services agreement to implement the CIMP to Anchor QEA, LLC (Attachment A). During the course of testing, toxicity to marine life was detected at one of the testing sites on the north end of the Peninsula (Station RW -1) in June 2019. Metals were identified as a possible cause for the detected toxicity. Due to the detected toxicity, water quality regulation requires follow-up monitoring and analyses at the testing site and an upstream site, with additional tests for metal toxicity. The Peninsula WMG asked Anchor QEA for a proposal to include performing these additional tasks. The contract for Anchor QEA, LLC is currently for four years at a total cost of $1,021,350, expiring at the end of April 2020. On March 17, 2020, the Peninsula WMG unanimously agreed to propose an extension to Anchor QEA’s contract through December 2021, since the current discharge permit expires on December 2021 and the monitoring program must sustain through this period. Consequently, this proposed contract will be extended through December 2021. It is to be noted that no change in the current monitoring program is expected through December 2021. Su bsequently, the Peninsula WMG will obtain proposals from qualified firms that will include any new requirements regarding the new MS4 permit for 2022 and will execute an agreement with the selected firm for the subsequent year(s). 2 The contract’s new expiration date and the new total not-to-exceed contract value, if approved by the City Council, will be through December 2021 (as opposed to June 2021) and include the additional required metal toxicity testing. The proposed increase to the fee of $389,650 will be shared by all the agencies in the Peninsula WMG. The City of Rancho Palos Verdes is responsible for about $200,000 according to the percentage of area it covers within the Peninsula. This amount, which includes the additional testing is included in the City’s proposed FY 20-21 operating budget and no additional funds are requested at this time. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Take other action as deemed appropriate by the City Council. 3 A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 A-14 A-15 A-16 A-17 A-18 A-19 A-20 A-21 A-22 A-23 A-24 A-25 A-26 A-27 A-28 A-29 A-30 A-31 A-32 A-33 A-34 A-35 A-36 A-37 A-38 A-39 A-40 A-41 A-42 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and ANCHOR QEA, LLC, a California Corporation (“Consultant”) is effective as of April 21, 2020. RECITALS A. City and Consultant entered into that certain Agreement for Contractual Services dated April 5, 2016 (“Agreement”) whereby Consultant agreed to provide Receiving Water and Outfall Monitoring services (the “Services”) for 4 Years, for a Contract Sum of $1,021,350. The Agreement provided for two additional one-year extensions at the City’s discretion. B. City and Consultant now desire to amend the Agreement to extend the contract for another year until June 30, 2021 and increase the contract amount to $1,411,000. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1, Contract Sum, is hereby amended to read as follows: “2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million Twenty-One Thousand Three Hundred Fifty Dollars ($1,021,350.00) One Million Four Hundred Eleven Thousand Dollars ($1,411,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. b. Exhibit “C”, Section IV, is hereby amended to read as follows: IV. The total compensation for the Services shall not exceed $1,021,350.00 $1,411,000.00,as provided in Section 2.1 of this Agreement. c. Exhibit “C-1”, Schedule of Costs Per Task, shall have the following tables added, attached hereto. d. Exhibit “D”, Section III, is hereby amended to read as follows: III. Certain services are to be performed annually as provided in Exhibit C-1. The term of this Agreement, unless otherwise terminated in accordance with Article 7, shall B-1 01203.0001/308425.2 -2- be four (4) years five (5) years and two (2) months, to the end of June 2021. However, the Adaptive Management requirements described in the CIMP, or other regulatory changes, may significantly alter the monitoring requirements in that time. Therefore, the City has the right to evaluate the effectiveness of the monitoring program annually and alter it, either reducing or expanding it, and may make proportionate changes to the compensation and time schedule provided herein. Additionally the Contract Officer may approve extensions for performance of the services in accordance with Section 3.2 so long as consistent with meeting the requirements of the regulatory agencies. 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] B-2 01203.0001/308425.2 -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ John Cruikshank, Mayor ATTEST: _________________________________ Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney CONSULTANT: Anchor QEA, LLC By: ________________________________ Name: Sheila Anghera Title: Principal Scientist/Partner By: ________________________________ Name: Steve Cappellino Title: Principal Scientist/Partner Address: 27201 Puerta Real, Suite 350 Mission Viejo, CA 92691 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. B-3 01203.0001/308425.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. B-4 01203.0001/308425.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. B-5 01203.0001/308425.2 EXHIBIT C-1 SCHEDULE OF COSTS PER TASK Breakdown for Outfall Monitoring Program Task/Activity Year 5 May and June 2020 Task 1 – Sampling and Analysis Plan (and Other Supporting Do cumentation) Access a g reem ent s, p er m i ts, a nd t ra ffi c co nt rol p la ns — Sa mpling Pla n a nd Int eg rat ed Hea lt h a nd Sa fet y Pla n — Subtotal — Task 2 – Outfall Monitoring E q ui pment p ro cure m ent , prep a ra ti o n, installation, m a i ntena nce, a nd l ea s e o f two fl o w m eters $4,350 Wet wea t her moni t o ri ng (six sites /three events p er yea r) — D ry wea t her moni t o ri ng (fo ur sites /12 events p er yea r) $6,100 Subtotal $10,450 Opt ional: NS W out fall monit oring (4 sit es/4 event s per year) — Opt ional: Two addit ional flow met ers $3,250 Task 3 – Sample Analyses and QA/QC MS4 a nd TMDL a nal yti ca l che m ist ry a nd mi crobi o logy $600 NSW o ut fa l l a nal yti ca l chem ist ry a nd mi crobi o logy — To xi cit y t est s — Data Validatio n MS4 a nd TMDL a nal yti ca l che m ist ry a nd mi crobi o logy $600 To xi cit y t est s — Subtotal $1,200 Opt ional: NS W out fall analyt ical chemist ry and microbiology — Task 4 – Electronic Data M anagement and Reporting Dat a m a na g e m ent $1,100 Dat a Ana l ysis fo r 2019/2020 Wa ters hed Annua l R eport (Section 6) $24,500 Subto tal $25,600 Opt ional: Adapt ive management memorandum $1,400 Total per Year $37,250 Total per Year with Optional Costs $41,900 Notes: —: not applicable MS4: m unicipal separate storm sewer system NSW: non-stor m water QA/QC: quality assur anc e/quality control TMDL: Total Max im um Daily Load B-6 01203.0001/308425.2 Breakdown for R eceiving Water Monitoring Program Task/Activity Year 5 May and June 2020 Task 1 – Sampling and Analysis Plan Sa mpling Pla n a nd Int eg rat ed Hea lt h a nd Sa fet y Pla n Subtotal — Task 2 – Receiving Water Sampling Three wet event s at t wo stat i o ns — One d ry event at t hree stat i o ns (R W1, R W2, a nd SMB 7-1) $5,500 Subtotal $5,500 Task 3 – Sample Analysis and QA/QC Ana l yt i ca l chem ist ry a nd m i crobiol ogy $2,500 To xi cit y t est s a nd t o xi cit y i d ent ification eva l uations $8,000 Dat a va lid a ti o n $1,000 Subtotal $11,500 Task 4 – Electronic Data M anagement and Reporting Dat a m a na g e m ent $2,000 Dat a Ana l ysis fo r 2019/2020 Wa ters hed Annua l R eport (Section 6) $5,500 Subto tal $7,500 Opt ional: Adapt ive management memorandum $1,400 Total per Year $24,500 Total per Year with Optional Costs $25,900 B-7 01203.0001/308425.2 Breakdown for Outfall Monitoring Program Task/Activity July 1, 2020, to December 31, 2021 Task 1 – Sampling and Analysis Plan (and Other Supporting Do cumentation) Access a g reem ent s, p er m i ts, a nd t ra ffi c co nt rol p la ns $2,000 Sa mpling Pla n a nd Int eg rat ed Hea lt h a nd Sa fet y Pla n $3,500 Subtotal $5,500 Task 2 – Outfall Mo nito ring E q ui pment p ro cure m ent, p rep aration, i nsta lla ti o n, mai ntena nce, a nd lease o f two fl o w m et ers $26,250 Wet wea t her moni t o ri ng (six sites /three events p er yea r) $75,000 D ry wea t her moni t o ri ng (fo ur sites /12 events p er yea r) $36,500 Subtotal $137,750 Opt ional: NS W out fall monit oring (four sit es/four event s per year) $13,250 Opt ional: Two addit ional flow met ers $20,000 Task 3 – Sample Analyses and QA/QC MS4 a nd TMDL a nal yti ca l che m ist ry a nd mi crobi o logy $24,000 NSW o ut fa l l a nal yti ca l chem ist ry a nd mi crobi o logy $6,500 To xi cit y t ests $2,000 Data Validatio n MS4 a nd TMDL a nal yti ca l che m ist ry a nd mi crobi o logy $2,500 To xi cit y t ests $500 Subtotal $35,500 Opt ional: NS W out fall analyt ical chemist ry and microbiology $700 Task 4 – Electronic Data M anagement and Reporting Dat a m a na g e m ent $7,000 Dat a Ana l ysis fo r 2020/2021 Wa ters hed Annua l R eport (Section 6) $25,500 Subtotal $32,500 Opt ional: Adapt ive management memorandum $1,500 Total per Year $211,250 To tal per Year with Optional Costs $246,700 Notes: MS4: m unicipal separate storm sewer system NSW: non-stor m water QA/QC: quality assur anc e/quality control TMDL: Total Max im um Daily Load B-8 01203.0001/308425.2 Breakdown For R eceiving Water Monitoring Program Task/Activity July 1, 2020, to December 31, 2021 Task 1 – Sampling and Analysis Plan Sa mpling Pla n a nd Int eg rat ed Hea lt h a nd Sa fet y Pla n $1,000 Subtotal $1,000 Task 2 – Receiving Water Sampling Three wet event s at t wo stat i o ns $14,000 Two d ry event s a t t wo st a ti o ns $9,000 Subtotal $23,000 Task 3 – Sample Analysis and QA/QC Ana l yt i ca l chem ist ry a nd m i crobiol ogy $8,500 To xi cit y t est s a nd t o xi cit y i d ent ification eva l uations $15,500 Dat a va lid a ti o n $4,000 Subtotal $28,000 Task 4 – Electronic Data M anagement and Reporting Dat a m a na g e m ent $9,500 Dat a Ana l ysis fo r 2020/2021 Wa ters hed Annua l R eport (Section 6) $5,000 Subtotal $14,500 Opt ional: Adapt ive management memorandum $1,500 Total per Year $66,500 Total per Year with Optional Co sts $68,000 B-9 01203.0001/308425.2 Notes: MS4: municipal separate storm sewer system NSW: non-stormwater QA/QC: quality assurance/quality control TMDL: Total Maximum Daily Load B-10 01203.0001/308425.2 BREAKDOWN FOR RECEIVING WATER MONITORING PROGRAM B-11 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 C-1 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. C-2 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 C-3 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. C-4 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. C-5 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 been given 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 C-6 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 unenforceable provision 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 C-7 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 the preparation and negotiation of this MOU. Accordingly, this MOU shall be 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: C-8 COUNTY OF LOS ANGELES By ~W1 4t~,;j cfo;9AIL FAR l/t R, Director of Public Works APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By ---l...~.L----~~..-:::.....___ __ _ Deputy .7-J -1~ Date ' Date Page 9 of 14 C-9 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By ~~ GAIL FAR R, Chref Engrneer APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By __ ~~~~---~---------- Deputy Date r 6ate Page 10 of 14 C-10 CITY OF RANCHO PALOS VERDES Date: _'/A_~_~A--'--Io __ By~~- en Dyda, yor ATTEST: By ~~~ City Clerk APPROVED AS TO FORM: -~ By: Ci~ C-11 CITY OF PALOS VERDES ESTATES By:-~~~-~-~­ James ATTEST: By ~~ ViCkieKrOnebefQer L) City Clerk APPROVED AS TO FORM: City Attorney By:Ch ~nlj/p; Page 12 of 14 C-12 CITY OF ROLLING HILLS ESTATES By: ~-L:..C"-+.tf===--­ Steve Z Mayor ATTEST: ~~ By: ~~ DOlJQPiiard City Cler APPR.OVED AS TO FORM: Page 13 of 14 C-13 CITY OF ROLLING HILLS Date: _·?J-+-fJ_<&+---'1 (b __ ATTEST: By c#~tiucv Heidi Luce C ity Clerk APPROVED AS TO FORM: Page 14 of 14 C-14 EXHIBIT A Peninsula Watershed Management Group Funding Contributions for CIMP Implementation Table 1. Total CIMP Annual 1 Implementation Costs Labor Analytical Description Hourly Hours Rate Cost Cost Nonstormwater Screening Non-SW Screening/Source ID/Reporting $24,810 Nonstormwater Screening Total 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 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) Remaining Tasks Project Initiation and Planning 20 $125 $2,500 MOU/RFP Development 52 $125 $6,500 Integrated Monitoring Compliance Report 200 $125 $25,000 Remaining Tasks Total SubTotal Cost (without Contingency or Admin.) Contingency Factor Contingency Administration Cost (S%)2 Total Cost LACFCD Allocation (5%)3 Total Remaining Cost for Participation and Area Based Allocation (Total Cost Less LACFCD 5%) 1 The annual costs for subsequent years are not to exceed this amount plus CPl. 2 Administration costs are estimated to be 5% of the estimated total cost plus contingency. Equipment and ODC Total Cost Cost $24,810 $24,810 $89,800 $182,500 $2,500 $6,500 $25,000 $34,000 $331,110 10% $33,111 $18,211 $382,432 $19,122 $363,310 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). C-15 Table 2. Total Cost Allocation 12.05% 0.7 2.73% N/A Total 25.6 100.00% 100.00% $331,110 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. $910 $33,111 $18,211 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. $19,122 $382,432 G 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. 7 The County of Los Angeles cost includes all services except for Receiving Water Monitoring. Table 3. Agency Participation Summary 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 C-16 EXHIBIT B Peninsula Watershed Management Group CIMP MOU -Responsible Agencies Representatives 1. County of Los Angeles Department of Public Works, Watershed Management Division, 11th 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 9027 4 Party Representative: Anton Dahlerbruch, City Manager E-mail: adahlerbruch@pvestates.org Phone: (310) 378-0383 Fax: (310) 375-5918 C-17 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 9027 4 Party Representative: Raymond R. Cruz, City Manager E-mail: rcruz@cityofrh.net Phone: (310) 377-1521 Fax: (310) 377-7288 C-18 CrrYOF RANCHO PALOS VERDES MEMORANDUM TO: FROM: HONORABLE MAYOR & CITY COUNCIL MEMBERS MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS ~ DATE: JUNE 17, 2014 SUBJECT: ENHANCED WATERSHED MANAGEMENT PROGRAM WORKPLAN AND COORDINATED INTEGRATED MONITORING PLAN REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGER~ Project Manager: Andy Winje, Associate Engineerj\YJ RECOMMENDATION Direct Staff to submit the Draft Enhanced Watershed Management Program Work Plan and Draft Coordinated Integrated Monitoring Plan on behalf of the Peninsula Water Management Group in accordance with the MS4 permitting schedule. EXECUTIVE SUMMARY The Municipal Separate Storm Sewer System (MS4) Permit was adopted by the Regional Water Quality Control Board on November 8, 2012. In response, the City has elected to develop an Enhanced Watershed Management Program (EWMP), including a Coordinated Integrated Monitoring Program (CIMP), with other agencies having stormwater jurisdiction on the Palos Verdes Peninsula. The agencies are known as the Peninsula Watershed Management Group (Peninsula WMG). The City of Rancho Palos Verdes serves as the administrative lead for Peninsula WMG and is required by MS4 regulations to submit an EWMP Work Plan and the completed CIMP prior to June 28, 2014 to remain in compliance with the permit. The group has met and worked collaboratively to prepare these documents with the assistance of technical experts hired through the MOU, which was entered into for this purpose. The documents are being made ready for submittal by the deadline on June 28, 2014. The documents, subject to a few minor changes, are available for review on the City's website at http://palosverdes.com/rpv/publicworks/stormwater-quality/. BACKGROUND Staff has presented information on the new stormwater quality (MS4) permit requirements D-1 EWMP Work Plan and CIMP June 17, 2014 Page 2of3 to the City Council on several occasions. These presentations have outlined the evolution of the City's response to the permit requirements as Staff has worked to determine the most advantageous path forward. At its June 18, 2013 meeting, the City Council authorized Staff to notify the Los Angeles Regional Water Quality Control Board (Regional Board) that the City would follow the EWMP approach in conjunction with the Peninsula WMG. A Notice of Intent was filed on June 27, 2013 with the Regional Board to signal this approach. The Regional Board approved the Notice of Intent. On August 6, 2013, the City Council approved a Memorandum of Understanding between the Peninsula WMG agencies in order to begin collaborative work on the EWMP and the CIMP for the new stormwater quality permit requirements. Because it is the largest agency by area within the group, the City of Rancho Palos Verdes serves as the administrative lead. On October 1, 2013, the City Council awarded a contract to John L. Hunter & Associates to begin work on the EWMP and GIMP documents. DISCUSSION The 2012 MS4 permit gave cities and agencies three pathways towards compliance, including development of an EWMP, which was selected by the Peninsula WMG. The EWMP is a comprehensive assessment of the conditions of the watersheds that the City drains to, and based on those conditions prepares a detailed analysis of steps necessary to achieve pollution reduction goals. This plan requires considerable time to prepare and so the Regional Board requires that an interim document be submitted to be sure that agencies are developing their EWMP in accordance with the Regional Board's expectations. · This interim document is called the EWMP Work Plan and it is due for submittal on June 28, 2014. As part of the EWMP process the cities and agencies will be required to prepare a Reasonable Assurance Analysis (RAA). The RAA involves a model which mathematically tests the effectiveness of the treatment system proposed by EWMP. Locating sites for installing treatment systems and securing funding to construct treatment systems will be very challenging. The final EWMP document itself, due one year from now subject to approval of the Regional Board, will describe in detail what projects and programs the City will be doing to meet water quality goals. Costs associated with the new implementation measures described in the EWMP will not be incurred until sometime in 2015 but they could be substantial. Costs will not be known until the EWMP is approved and projects designed. In the interim, the EWMP Work Plan lists both construction projects and non-structural programs that might be required. When the EWMP is approved by the Regional Board, stiff numerical limits (that is, field measurable criteria) will be phased in as the standard by which compliance is determined. (Past permits required only that agreed upon preventive actions be implemented according to an implementation schedule.) To determine what pollutants are present in the City's stormwater discharge, and as a baseline against which reduction goals are measured, the City must develop a monitoring plan that involves taking runoff water samples and performing laboratory testing. The monitoring plan will be coordinated with D-2 EWMP Work Plan and CIMP June 17, 2014 Page 3of3 the other Peninsula WMG agencies and integrated to consider multiple potential pollutants in an effort to conserve resources. This Coordinated and Integrated Monitoring Program, or GIMP, will describe what pollutants will be tested for, where and how often samples will be taken and what laboratory procedures will be used for analysis. Monitoring under the GIMP protocols will begin either in late FY 2014-15 or early FY 2015- 16 depending on the speed by which the Regional Board can respond and approve it. The City will incur some costs to perform this work but they are as yet undetermined. Although the GIMP will determine the scope of work for the contractor eventually selected to do the work, the GIMP is not really committing the City financially to anything not already mandated by the 2012 MS4 Permit. The GIMP was developed with financial consideration in mind and every effort was made to specify only that which is deemed necessary to satisfy the requirements of the permit and the Regional Board. Presumably, costs will be shared among the Peninsula WMG agencies upon approval of a CIMP Implementation MOU, which is yet to be developed. CONCLUSION The City has committed itself to the EWMP process, including a CIMP, by earlier City Council action in accordance with Staff's recommendations. An MOU to perform the required work collaboratively has been approved by the Peninsula WMG. The agencies, with the help of technical experts have prepared the required documents to be submitted per the Regional Board's schedule. The other agencies have reviewed and authorized the City to submit the documents on behalf of the Peninsula WMG. Staff is seeking City Council direction to file these documents with the Regional Board prior to the deadline on June 28, 2014. FISCAL IMPACT Costs for preparation and submittal of the documents have been allocated in earlier City Council actions. The CIMP will commit the City to certain monitoring activities and their associated costs beginning as early as late next year. However, the CIMP only describes what and how the City will perform the monitoring. The permit itself requires the monitoring to be done and so costs to perform monitoring result primarily from the adoption of the permit, rather than submittal of the GIMP. A firm estimate of annual monitoring costs will not be available until the Peninsula WMG obtains proposals from qualified firms to implement the Regional Board approved GIMP. An MOU among the involved agencies for funding and managing the GIMP implementation will be brought back to the City Council for approval prior to initiation of that monitoring. If additional funds need to be allocated in this fiscal year, Staff will bring back a recommendation for a budget adjustment. Otherwise, funds will be proposed within the FY 2015-16 budget recommendation. D-3 February 4, 2016 Mr. Douglas Willmore, City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Mr. Anton Dahlerbruch, City Manager City of Palos Verdes Estates 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 Mr. Raymond R. Cruz, City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Mr. Douglas R. Prichard, City Manager Rolling Hills Estates 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274 Ms. Gail Farber, Director County of Los Angeles Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803 Ms. Gail Farber, Chief Engineer Los Angeles County Flood Control District Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803 FINAL APPROVED PALOS VERDES PENINSULA WATERSHED MANAGEMENT GROUP COORDINATED INTEGRATED MONITORING PROGRAM, PURSUANT TO ATTACHMENT E, PART IV.B OF THE LOS ANGELES COUNTY MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT (NPDES PERMIT NO. CAS004001; ORDER NO. R4-2012-0175) Dear Permittees of the Palos Verdes Peninsula Watershed Management Group: The Los Angeles Regional Water Quality Control Board (Los Angeles Water Board or Board) has reviewed the final monitoring program submitted on February 2, 2016, by the Palos Verdes Peninsula Watershed Management Group1 (PVP Group). This monitoring program was submitted pursuant to the provisions of NPDES Permit No. CAS004001 (Order No. R4-2012- 0175), which authorizes discharges from the municipal separate storm sewer system (MS4) operated by 86 municipal Permittees within Los Angeles County (hereafter, LA County MS4 Permit). The LA County MS4 Permit allows Permittees the option to develop and implement a coordinated integrated monitoring program (CIMP) that achieves the five Primary Objectives set forth in Part II.A of Attachment E and includes the elements set forth in Part II.E of Attachment E. These programs must be approved by the Executive Officer of the Los Angeles Water Board. 1 Permittees of the Palos Verdes Peninsula Watershed Management Group include the Cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, and Rolling Hill Estates, the County of Los Angeles, and the Los Angeles County Flood Control District. E-1 Palos Verdes Peninsula Watershed Management Group February 4, 2016 Page 2 of 2 On January 21, 2016, on behalf of the Los Angeles Water Board, I approved, with conditions, the PVP Group's CIMP. My approval letter directed the PVP Group to submit a final CIMP that satisfies all the conditions listed in the letter no later than February 5, 2016. On February 2, 2016, the PVP Group submitted its final CIMP, as directed. After review of the PVP Group's final CIMP submitted on February 2, 2016, I have determined that the PVP Group's CIMP satisfies all of the conditions identified in my January 21, 2016 approval letter. The CIMP submitted on February 2, 2016 hereby constitutes the final approved CIMP for the PVP Group. Additional direction on requirements for follow-up monitoring when aquatic toxicity is present in downstream receiving waters has been provided in separate correspondence dated August 7, 2015, and must be followed as part of the PVP Group's final approved CIMP. Santa Monica Bay Nearshore Debris TMDL Requirements for the Santa Monica Bay Nearshore and Offshore Debris TMDL (SMB Debris TMDL) can be satisfied through the submittal of the Trash Monitoring and Reporting Plan (TMRP) and Plastic Pellet Monitoring and Reporting Plan (PMRP) or via the CIMP. Members of the Group with an approved PMRP exemption, must document the Approved Exemption in the Annual Report. Members with an Approved Exemption must notify the Regional Board upon the discovery of any new industrial facilities that have an SIC code that corresponds to the manufacturing, handling, or transportation of plastic pellets which will result in the revocation of the approval. The Los Angeles Water Board appreciates the participation and cooperation of the PVP Group in the implementation of the LA County MS4 Permit. If you have any questions, please contact Ms. Rebecca Christmann of the Storm Water Permitting Unit by electronic mail at Rebecca.Christmann@waterboards.ca.gov or by phone at (213) 576 -5734 . Alternatively, you may also contact Mr. lvar Ridgeway, Chief of the Storm Water Permitting Unit, by electronic mail at lvar.Ridgeway@waterboards.ca .gov or by phone at (213) 620-2150. Sincerely, '!m~.~~~ Executive Officer cc: Andy Winje, City of Rancho Palos Verdes Sheri Repp Leadsman, City of Palos Verdes Estates Yolanta Schwartz, City of Rolling Hills Greg Grammer, City of Rolling Hills Estates Angela George, Los Angeles County Flood Control District William Johnson, County of Los Angeles, Department of Public Works E-2