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CC SR 20210406 N - MOU(s) with PVP Water Management Group for CIMPCITY COUNCIL MEETING DATE: 04/06/2021 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to authorize a Memorandum of Understanding (MOU) between the Palos Verdes Peninsula Water Management Group and approve an MOU regarding the Coordinated Integrated Monitoring Program. RECOMMENDED COUNCIL ACTION: (1) Authorize the MOU between the Palos Verdes Peninsula Water Management (2) Group (WMG) regarding administration and cost sharing for revisions to the Enhanced Management Program (EWMP) and Reasonable Assurance Analysis (RAA); and, Approve the Second Amendment to the MOU for cost-sharing between agencies in the Peninsula WMG to implement the Coordinated Integrated Monitoring Program (CIMP). FISCAL IMPACT: Funding for the MOU (to update the EWMP and RAA) in the amount of $262,650 is included in the adopted FY 2020-21 budget. Funding of $588,345 in Measure W is being considered as part of the upcoming FY 2021-22 budget. Amount Budgeted: $320,000 Additional Appropriation: N/A Account Number(s): 101-400-3130-5101 (General Fund-Storm Water Quality/Professional Services) ORIGINATED BY: Charles Eder, PE, Senior Engineer REVIEWED BY: Ron Dragoo, PE, Principal Engineer APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Second Amendment to CIMP Memorandum of Understanding (page A-1) B. MOU between the Palos Verdes Peninsula EWMP regarding the administration and cost sharing for revision to the EWMP and RAA for the WMG (page B-1) C. First Amendment to CIMP MOU (page C-1) D. 2016 CIMP MOU (page D-1) 1 BACKGROUND AND DISCUSSION: The Municipal Separate Storm Sewer System (MS4) Permit was adopted by the Regional Water Quality Control Board (Regional Board) on November 8, 2012. With the adoption of the MS4 Permit, the City elected to choose a compliance path requiring the development of an EWMP and a CIMP, with the other agencies on the Palos Verdes Peninsula. A major sub-component of the EWMP is watershed modeling, referred to as the RAA. Together, the EWMP and RAA are technical documents that lay out the requirements for construc tion of regional projects, day-to- day municipal activities and establish a pathway to reducing pollutants in stormwater and urban runoff in the Palos Verdes Peninsula Watershed. The CIMP is a technical document that lays out the requirements for collecting samples of urban runoff, analyzing them for pollutants and reporting back to the Regional Board. The City Council approved an MOU in 2013 between the 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 EWMP document, which includes the RAA and CIMP, and to achieve the economies of scale associated with a larger project. The City, having the largest land area of the group, serves as the chair of the WMG. On June 17, 2014, the City Council directed Staff to submit the draft EWMP and CIMP to the Regional Board for approval. The Regional Board subsequently (in 2015 and 2016) notified the City that the draft EWMP and CIMP, as amended during several rounds of comments, was approved and finalized. The WMG entered a cost-sharing MOU to implement the CIMP (Attachment D). Costs to implement the CIMP are shared among the agencies of the WMG primarily in proportion to land area. The CIMP MOU was approved by City Council on April 5, 2016 and approved by the other agencies prior to that. On June 21, 2016, the City Council authorized a professional services agreement with John L. Hunter & Associates, Inc. (John L. Hunter). Services through this agreement include implementation of National Pollutant Discharge Elimination System (NPDES) Permit requirements, implementation of the EWMP in conjunction with other agencies party to the WMG, and coordination of the CIMP on behalf of the WMG. On September 7, 2017, the Regional Board removed the shoreline bacteria monitoring from the Los Angeles County Sanitation Districts (LACSD) NPDES permit effective July 1, 2018. The WMG had been relying on LACSD to conduct shoreline monitoring. This shoreline bacteria monitoring was still required for the WMG. For that reason, the WMG needed to acquire additional CIMP services. On August 7, 2018, City Council approved a professional services contract with Geosyntec Consultants, Inc. and approved the First Amendment to the cost-sharing MOU (Attachment C). The Regional Board is expected to adopt a new MS4 Permit in mid-2021, which will require the WMG to comply with the prescribed elements of the new MS4 Permit. The State Water Resources Control Board also adopted the State Water 2 Quality Control Board Order on November 17, 2020, which requires the WMG to revise EWMPs and RAAs by June 30, 2021. It is anticipated that the CIMP will be updated in FY 2021-22 due to the new MS4 Permit requirements. In accordance with the MOU, the proposed fees will be shared by all the agencies in the WMG. The City of Rancho Palos Verdes is responsible for about $298,000 in accordance with the cost sharing formula. This amount, which includes the additional testing, is included in the City’s proposed FY 2021-22 operating budget. On November 4, 2020, the City Council authorized an amendment to the FY 2020-21 budget to include the budgetary increase associated with the costs of updating the RAA and EWMP. The cost to revise the RAA and EWMP ($262,650) will be paid by the City while administering the contract. The City will be reimbursed by the participating agencies per the following table: Party Area (sq. mi.) Percent of Agency Area Estimated Cost City of Rancho Palos Verdes Share of Group Services 13.5 60% $ 141,203.43 City of Palos Verdes Estates Share of Group Services 4.8 21% $ 50,205.66 City of Rolling Hills Estates Share of Group Services 3.6 16% $ 37,654.25 County of Los Angeles Share of Group Services 0.7 3% $ 7,321.66 LACFCD (10%) n/a n/a $ 26,265.00 Subtotal 22.6 100% $ 262,650.00 The original RAA modeling that was conducted when developing the initial EWMP took into consideration available and relevant sub-watershed data, including land use and pollutant loading data, and also considered the performance of watershed control measures (e.g., regional projects and permittee implementation of the Minimum Control Measures). The objective of the RAA modeling is to demonstrate to the satisfaction of the Regional Board the ability of the EWMP to achieve water quality goals. Prior to 2016, there was minimal monitoring data specific to stormwater runoff. Since then, the activities conducted under the CIMP have provided considerable new data. The updated RAA will incorporate both water quality data and control measure performance data, and any other information gathered through December 31, 2020. This means the group's monitoring data and planned or constructed projects will be incorporated and assessed into the re-run of the RAA. The EWMP and CIMP will require revisions to reflect any notable changes the RAA may show . The EWMP revisions will also be updated with current information on the group's progress and plan 3 toward compliance. It is anticipated that the CIMP will be updated in FY 2021 -22. The proposed revisions to the EWMP (John L. Hunter) and RAA (Geosyntec) are one - time revisions. Accordingly, the (previously approved) $262,650 is also a one-time expense. The revisions are needed to comply with the MS4 Permit and must be submitted to the Regional Board by June 30, 2021. Future updates to the RAA and EWMP are not anticipated for at least the next five years or until/if a new MS4 Permit included changes that require updates. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Take other action, as deemed appropriate by the City Council. 4 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 April xx, 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: A-1 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 A-2 CITY OF RANCHO PALOS VERDES Date: By: Ara Mihranian City Manager ATTEST: By: Teresa Takaoka Deputy City Clerk APPROVED AS TO FORM: ……………….. City Attorney By: William W. Wynder A-3 CITY OF PALOS VERDES ESTATES Date: By: Michael Kemps, Mayor ATTEST: By: Kylynn Chaney City Clerk APPROVED AS TO FORM: ……………….. City Attorney By: John Cotti Date A-4 CITY OF ROLLING HILLS ESTATES Date: By: Steven Zuckerman, Mayor ATTEST: By: Lauren Pettit City Clerk APPROVED AS TO FORM: ……………….. City Attorney By: Donald M. Davis Date A-5 CITY OF ROLLING HILLS Date: ATTEST: By:_______________________ Elaine Jeng Acting City Clerk APPROVED AS TO FORM ……………….. City Attorney By: _______________________ Michael Jenkins By:__________________ Jeff Pieper, Mayor ___________________ Date A-6 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By ________________________ ____________________ Mark Pestrella Date Chief Engineer APPROVED AS TO FORM: COUNTY COUNSEL Rodrigo A. Castro Silva By _________________________________ ____________________ Deputy Date A-7 COUNTY OF LOS ANGELES By ________________________ ____________________ Mark Pestrella Date Chief Engineer APPROVED AS TO FORM: COUNTY COUNSEL Rodrigo A. Castro Silva County Counsel By _________________________________ ____________________ Deputy Date A-8 Exhibit A Expected Costs for Palos Verdes Peninsula Watershed CIMP Implementation and Revision Table 1. Total CIMP Annual Implementation Costs Monitoring and Reporting Programs 21-22 Estimated Costs 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 $509.390.00 Contingency (10%) for CIMP Revision $50,939.00 Contract Administration (5%) $28,016.45 Grand Total $588,345.45 A-9 Tables 2 and 3 shall be modified as follows. Table 2. Total Cost Allocation Party Area (sq. mi.) Percent of Agency Area1 Percent of City Area2 Subtotal without Contingency or Admin Contingency3 Contract Administrations (5%) Total Annual 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 Angeles5 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 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 Cost includes cost based on area, contingency, plus administration costs for each agency. 5 The County of Los Angeles cost only includes Outfall Monitoring. 6 The 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 A-10 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 5. 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 A-11 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 A-12 1 of 20 65276.00001\33593849.1 HOA.103125333.1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES, THE CITY OF PALOS VERDES ESTATES, THE CITY OF ROLLING HILLS ESTATES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES REGARDING THE ADMINISTRATION AND COST SHARING FOR REVISION OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM AND REASONABLE ASSURANCE ANALYSIS FOR THE PENINSULA EWMP AGENCIES This Memorandum of Understanding (MOU) is made and entered into as of the date of the last signature set forth below and between THE CITY OF RANCHO PALOS VERDES, a body corporate and politic, THE CITY OF PALOS VERDES ESTATES, a body corporate and politic, and THE CITY OF ROLLING HILLS ESTATES, a body corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a political subdivision of the State of California, and THE COUNTY OF LOS ANGELES (LA 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 (current MS4 Permit); and WHEREAS, the current MS4 Permit became effective on December 28, 2012 and requires that the LACFCD, LA County, and 84 of the 88 cities (excluding Avalon, Lancaster, Long Beach, and Palmdale) within the County of Los Angeles comply with the prescribed elements of the current MS4 Permit; and WHEREAS, the Regional Board is expected to adopt the proposed MS4 Permit in 2021 which will require that the LACFCD, LA County, 85 of the 88 (excluding Avalon, Lancaster, and Palmdale) within the County of Los Angeles, Ventura County Watershed Protection District, the County of Ventura, and all 10 cities within the County of Ventura cities comply with the prescribed elements of the next MS4 Permit; and WHEREAS, the State Water Resources Control Board which oversees the Regional Board has adopted the State Board Order on November 17, 2020 to revise EWMPs in accordance with Revised Reasonable Assurance Analysis by June 30, 2021; and WHEREAS, the PARTIES, have agreed to collaborate on the compliance of certain B-1 2 of 20 65276.00001\33593849.1 HOA.103125333.1 elements of the current and proposed MS4 Permit; and WHEREAS, the PARTIES through their Consultants prepared a Enhanced Watershed Management Program (EWMP) Scope of Work as shown in Exhibit D and a Reasonable Assurance Analysis (RAA) Scope of Work shown in Exhibit E; and WHEREAS, the PARTIES propose for Consultants to prepare and deliver a revised Final EWMP and a revised Final RAA in compliance with certain elements of the current and proposed MS4 Permit, at a total cost of approximately two hundred sixty two thousand six hundred fifty dollars ($262,650.00) as shown in Table 1 of Exhibit A; and WHEREAS, the PARTIES have determined that hiring Consultants to prepare and deliver the revised EWMP and RAA will be beneficial to the PARTIES and they desire to participate and will provide funding in accordance with the cost allocation in Table 3 of Exhibit A; and WHEREAS, the CITY OF RANCHO PALOS VERDES will act on behalf of the PARTIES in the administration of the consultant service agreements for the preparation of the revised EWMP and RAA; and WHEREAS, the PARTIES established an EWMP Working Group (comprised of designated staff from each PARTY) to provide technical oversight and project management for the development of the EWMP and RAA, and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the current and proposed 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, it is hereby agreed as follows: Section 1. Recitals: The recitals set forth above are fully incorporated as part of this MOU. Section 2. Purpose: The purpose of this MOU is to cooperatively fund the preparation and submittal, to the Regional Board, of the revised EWMP and RAA. Section 3. Cooperation: The PARTIES shall fully cooperate with one another to attain the purpose of this MOU. Section 4. Voluntary: this MOU is voluntarily entered into for the purpose of preparing and submitting to the Regional Board the revised EWMP and RAA. Section 5. Term: This MOU shall become effective on the latest date of execution by a PARTY; and shall remain in effect until the Regional Board’s final approval date of the B-2 3 of 20 65276.00001\33593849.1 HOA.103125333.1 last outstanding portion of the revised EWMP and RAA, or until the CITY OF RANCHO PALOS VERDES has provided written notice of completion of the scope of work described hereto, and payment by all PARTIES of their allocated pro-rata share hereunder. Section 6. Assessment for Proportional Cost for REVISED EWMP and RAA: The PARTIES agree to pay the CITY OF RANCHO PALOS VERDES for preparation and delivery of the revised EWMP and RAA in the amounts shown in Table 3 of Exhibit A, based on the cost allocation formula shown in Table 2 of Exhibit A, attached hereto and made part of this MOU by this reference. The CITY OF RANCHO PALOS VERDES will invoice the PARTIES upon execution of this MOU as shown in Table 3 of Exhibit A, based on the allocated costs for revising the EWMP and RAA and the project administration and management costs at a percentage of three percent (3%) of the allocated costs for revision of the EWMP and RAA. At the end of each fiscal year, the CITY OF RANCHO PALOS VERDES will provide the PARTIES with a statement with the actual contracted expenditures. Unexpended cost at the termination of this MOU will be reimbursed to the PARTIES. Section 7. CITY OF RANCHO PALOS VERDES Agrees: a. To utilize the funds deposited by the PARTIES only for the administration of the Consultants contracts, project management, and the preparation and completion of the revised EWMP and RAA. b. To provide the PARTIES with an electronic copy of the draft and final revised EWMP and RAA as submitted to the Regional Board within 5 business days of receipt from the Consultants. c. To provide an accounting at the termination of the MOU or cancellation thereof and return the unused portion of all funds deposited with the CITY OF RANCHO PALOS VERDES using the cost allocation formula in Table 2 of Exhibit A. d. To notify the PARTIES if the actual cost of the preparation of the revised EWMP and RAA will exceed the cost estimates shown in Exhibit A and obtain written approval of the increase from the PARTIES. Upon approval of the cost increase by the PARTIES, the CITY OF RANCHO PALOS VERDES will invoice the PARTIES per the cost allocation formula in Table 2 of Exhibit A. The PARTIES shall have 30 days from receipt of the invoice to provide the payment to CITY OF RANCHO PALOS VERDES. Section 8. The PARTIES further agree: a. To make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing their respective administration, B-3 4 of 20 65276.00001\33593849.1 HOA.103125333.1 agency heads, and/or governing body. b. To fund the cost of the preparation and delivery of the revised EWMP and RAA and to pay the CITY OF RANCHO PALOS VERDES for the preparation and delivery of the revised EWMP and RAA based on the cost allocation shown in Table 2 of Exhibit A within 30 days of receiving an invoice. c. To grant reasonable access rights and entry to the Consultants, on an as- needed basis during the terms of this MOU to any PARTY’S facilities (i.e. storm drains, channels, catch basins, properties, etc.) (FACILITIES) to achieve the purposes of this MOU, provided, however that prior to entering any PARTY’S facilities, the CITY OF RANCHO PALOS VERDES or the Consultants shall provide written notice to such PARTIES at least 72 hours in advance. For the purposes of this provision, written notice shall include notice delivered via e- mail that has been delivered to the applicable PARTIES’ representative identified on Exhibit B. The CITY OF RANCHO PALOS VERDES shall require that the Consultants retained pursuant to this MOU to agree to indemnify, defend and hold harmless each PARTY, its special districts, their elected and appointed officers, employees, and agents, from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the Consultants’ performance of its agreement with the CITY OF RANCHO PALOS VERDES. In addition, the CITY OF RANCHO PALOS VERDES shall require the Consultants to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the Consultants’ work. These requirements will also apply to any subcontractors hired by the Consultants. This indemnification is in addition to the other indemnities made herein. d. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. e. 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. f. This MOU shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, neither PARTY may assign its respective rights or obligations under this MOU without the prior written consent of the other PARTIES. B-4 5 of 20 65276.00001\33593849.1 HOA.103125333.1 g. This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. h. If any provisions of this MOU shall be determined by any court to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable provisions had never been contained in this MOU. i. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this Agreement 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 specified in section 12(e). j. 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. k. Each PARTY shall have no financial obligation to the other PARTIES of this MOU, except as herein expressly provided. Section 9. Invoice and Payment a. Payment: The PARTIES shall reimburse the CITY OF RANCHO PALOS VERDES for their proportional share of the cost for preparation and delivery of the revised EWMP and RAA and project administration and management costs as shown in Table 3 of Exhibit A within thirty (30) days of the invoice from the CITY OF RANCHO PALOS VERDES. Invoice: The CITY OF RANCHO PALOS VERDES will invoice PARTIES as shown in Table 3 of Exhibit A. b. Late Payment Penalty: Any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due. The interest rate shall be ten percent (10%) simple interest per annum. If the PARTY or PARTIES remains delinquent beyond 60 days after the due date, then the CITY OF RANCHO PALOS VERDES may notify the Regional Board that the delinquent PARTY is no longer a participating member of the EWMP, and said PARTY or PARTIES shall then be deemed to have terminated its participation as a PARTY to this MOU (“EXCLUDED PARTY”) and their name(s) may be removed from the EWMP. Any EXCLUDED PARTY’s delinquent amount(s) will be paid in accordance with the remaining PARTIES’ pro-rata share pursuant to Table 3 of Exhibit A, as adjusted to remove the EXCLUDED PARTY from the B-5 6 of 20 65276.00001\33593849.1 HOA.103125333.1 allocation. The CITY OF RANCHO PALOS VERDES will revise Table 3 of Exhibit A to show the recalculated costs for each remaining participating PARTY; these revised exhibits will be included with the next invoice to the PARTIES. The PARTIES shall retain all contractual, legal, and equitable rights and causes of action to recover any delinquent amounts owed by an EXCLUDED PARTY or PARTIES who failed to make such payments. Section 10: Indemnification a. To the fullest extent permitted by law, each PARTY shall indemnify, defend, and hold harmless each 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 each 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 such Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of such Code, 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 said Code. To achieve the above-stated purpose, each PARTY shall indemnify, defend, and hold harmless the other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 11. Termination or Amendment a. A PARTY may withdraw from this MOU upon 60 days' advance written notice to the other PARTIES, subject to payment of any invoice received from CITY OF RANCHO PALOS VERDES prior to or during the 60-day notice period for its share of the cost of the work completed as of the date of its notice of withdrawal, calculated in accordance with the cost-sharing percentages set forth in Table 3 of Exhibit A. The effective withdrawal date shall be the sixtieth (60th) day after CITY OF RANCHO PALOS VERDES receives the withdrawing PARTY’s notice to withdraw from this MOU. CITY OF RANCHO PALOS VERDES shall refund to the withdrawing PARTY any uncommitted and unused B-6 7 of 20 65276.00001\33593849.1 HOA.103125333.1 funds paid by the withdrawing PARTY’s effective withdrawal date. All PARTIES understand, acknowledge, and agree that withdrawal from this MOU will terminate any responsibility, liability, or obligation of the withdrawing PARTY under this MOU commencing on the effective withdrawal date and that the withdrawing PARTY shall remain liable for its share of any loss, debt or liability incurred prior to the withdrawal date, and for any work which could not be suspended. Withdrawal from this MOU does not release any PARTY from the obligations set forth in current and next MS4 Permit. b. If a substantial change is made to the current and next MS4 PERMIT with regards to compliance through EWMP or other circumstances necessitate an amendment, this MOU may be amended through mutual agreement of all PARTIES specified in section 12(e). c. If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, 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. Section 12. 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 Representative of the PARTY at the address set forth in Exhibit B. 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 email or fax. 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 confirmed facsimile or by email; 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 purpose 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 they are authorized to sign this MOU on behalf of such PARTY. c. Relationship of Parties. The PARTIES are and shall remain at all times as to each other, wholly independent entities. No PARTY to this MOU shall have B-7 8 of 20 65276.00001\33593849.1 HOA.103125333.1 power to incur any debt, obligation, or liability on behalf of another 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 inure to the benefit of each PARTY to this MOU and its respective heirs, administrators, representatives, successors, and assigns. 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 PARTIES. f. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU 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 shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. g. Law to Govern; Venue. This MOU shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the PARTIES, venue in the state trial courts shall lie exclusively in the County of Los Angeles. h. No Presumption in Drafting. The PARTIES to this MOU agree that the general rule that an MOU is to be interpreted against the PARTY drafting it, or the PARTY causing it to be prepared, shall not apply. i. Entire MOU. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof and superseded all prior or contemporaneous agreements, whether written or oral, with respect thereto. j. Severability. If any term, provision, condition or covenant of this MOU is declared or determined by any court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this MOU shall be read and constructed without the invalid, void, or unenforceable provision(s). k. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. l. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according B-8 9 of 20 65276.00001\33593849.1 HOA.103125333.1 to its fair language. 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: B-9 10 of 20 65276.00001\33593849.1 HOA.103125333.1 CITY OF RANCHO PALOS VERDES Date: By: Ara Mihranian City Manager ATTEST: By: Teresa Takaoka Deputy City Clerk APPROVED AS TO FORM: ……………….. City Attorney By: William W. Wynder B-10 11 of 20 65276.00001\33593849.1 HOA.103125333.1 CITY OF PALOS VERDES ESTATES Date: By: Michael Kemps, Mayor ATTEST: By: Kylynn Chaney City Clerk APPROVED AS TO FORM: ……………….. City Attorney By: John Cotti Date B-11 12 of 20 65276.00001\33593849.1 HOA.103125333.1 CITY OF ROLLING HILLS ESTATES Date: By: Steven Zuckerman, Mayor ATTEST: By: Lauren Pettit City Clerk APPROVED AS TO FORM: ……………….. City Attorney By: Donald M. Davis Date B-12 13 of 20 65276.00001\33593849.1 HOA.103125333.1 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By Mark Pestrella Chief Engineer Date APPROVED AS TO FORM: COUNTY COUNSEL Rodrigo A. Castro-Silva By Deputy Date B-13 14 of 20 65276.00001\33593849.1 HOA.103125333.1 COUNTY OF LOS ANGELES By Mark Pestrella Director of Public Works Date APPROVED AS TO FORM: COUNTY COUNSEL Rodrigo A. Castro-Silva County Counsel By Deputy Date B-14 15 of 20 65276.00001\33593849.1 HOA.103125333.1 EXHIBIT A PENINSULA EWMP AGENCIES Funding Contributions Table 1: Total Cost. Item Total Cost TOTAL CONTRACT COST $262,650 Administration Cost (3%)1 $7,650 LACFCD Allocation (10%)2 $26,265 Total Cost to be Distributed by Area $236,385 1 Administration costs are estimated to be 3% of the Distributed Total Cost for each Peninsula EWMP Agency. 2 The Los Angeles County Flood Control District (LACFCD) has committed to contributing 10% of the Total Cost for their share in the development of the EWMP. Table 2: Cost Allocation Formula. Total Cost to be Distributed by Area = Contracts Cost + Administration Cost – LACFCD Allocation Distributed Cost by Area = (Total Cost to be Distributed by Area) x Agency Percent of Total Area Table 3: Allocated Costs Among Peninsula EWMP Agencies. Agency Area (Sq. Miles) Agency Percent of Total Area Allocated Cost of Revised EWMP Allocated Cost of Revised RAA Total Cost Rancho Palos Verdes 13.5 60% $31,733.67 $109,469.76 $141,203.43 Palos Verdes Estates 4.8 21% $11,283.08 $38,922.58 $50,205.66 Rolling Hills Estates 3.6 16% $8,462.31 $29,191.94 $37,654.25 The County of Los Angeles 0.7 3% $1,645.45 $5,676.21 $7,321.66 LACFCD (10%) -- -- $5,902.72 $20,362.28 $26,265.00 TOTAL 22.6 100% $59,027.24 $203,622.76 $262,650.00 B-15 16 of 20 65276.00001\33593849.1 HOA.103125333.1 EXHIBIT B PENINSULA EWMP AGENCIES Agencies Representatives – EWMP Working Group 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. 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 B-16 17 of 20 65276.00001\33593849.1 HOA.103125333.1 Fax: (626) 457-1526 5. 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 B-17 18 of 20 65276.00001\33593849.1 HOA.103125333.1 EXHIBIT C PENINSULA EWMP ANGENCIES Figure 1: Peninsula EWMP Agencies Map. B-18 19 of 20 65276.00001\33593849.1 HOA.103125333.1 EXHIBIT D PENINSULA EWMP SCOPE OF WORK B-19 Enhanced Watershed Management Plan (EWMP) Update SCOPE OF WORK 2020.10.01 Prepared for : The City of Rancho Palos Verdes Attention: Charles Eder, P.E. Prepared by : John L. Hunter & Associates 6131 Orangethorpe Ave #300 Buena Park, CA 90620 Michelle Staffield John Hunter JLHA P roject Manager JLHA Principal in Charge mstaffield@jlha.net jhunter@jlha.net B-20 Proposal for EWMP Update October 01, 2020 Page i Table of Contents I. Scope of Work ................................................................................................................................... 1 A. Task 1 – Project Management, Coordination, and Meetings ............................................................ 2 B. Task 2 – Enhanced Watershed Management Program Plan ............................................................. 2 II. Rate Schedule and Costs ................................................................................................................... 4 A. 2020 Rate Schedule ........................................................................................................................... 4 B. Estimated Not-to-Exceed Costs ......................................................................................................... 4 B-21 Proposal for EWMP Update October 01, 2020 Page1 I. Scope of Work This section details the approach to the Scope of Work (SOW), which includes EWMP update services. Should the City require additional EWMP development services outside of the scope of this proposal, we are available to assist upon written agreement by the City and JLHA. The SOW and cost estimate is valid for 90 days from the date of submission. The National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4 permit) Order No. R4-2012-0175, which became effective on December 28, 2012, allows permittees to implement EWMPs to customize their stormwater management programs through integrated regional planning. The goal of an EWMP is to prioritize water quality issues, evaluate opportunities for collaborative multi-benefit regional projects, and identify additional watershed control measures that will achieve applicable water quality based effluent limitations (WQBELs) and Receiving Water Limitations (RWLs). Due to its unique character and features, the City of Rolling Hills will not be participating in the Peninsula Agencies EWMP; however it will be participating in a Coordinated Integrated Monitoring Plan (CIMP) along with the other Peninsula Agencies. The Team proposes to update the EWMP for submittal to the Regional Board. Based on the EWMP Work Plan, the Team will develop a final Draft EWMP for submittal to the Regional Board by June 30, 2021 as specified in the NPDES MS4 Permit. Implementation, unless specifically directed by the Peninsula EWMP Agencies, is not included in this scope of work. There are currently eight TMDLs in effect for the Peninsula EWMP Agencies in the Santa Monica Bay, Dominguez Channel, and Greater Los Angeles Harbor sub-watersheds. Significant work has already occurred on the Santa Monica Bay bacteria TMDL and the Machado Lake TMDLs. The Team will rely on these previous TMDL Implementation Plans and significantly expand the EWMP to update: • Characterization and prioritization of water quality issues, • Identification of strategies and control measures, and • Reasonable Assurance Analysis (computer modeling). B-22 Proposal for EWMP Update October 01, 2020 Page2 A. Task 1 – Project Management, Coordination, and Meetings Table 4 lists our tasks to provide management services to ensure the project is delivered on schedule and within budget. • Deliverables: Project schedule, presentations, and summary notes. Table 4. Project Management, Coordination, and Meetings Tasks # Description 4.2.a.1.i Project Schedule Provide a detailed schedule to complete all the tasks of this Scope of Work. The schedule may be updated as necessary and as approved by the City. 4.2.a.1.ii Coordination Perform project management duties including coordinating with the PVP EWMP Agencies, coordinating calls, and providing an explanation of the work completed, work to be done, and work that was to have been done but not, with explanations. 4.2.a.1.iii Meetings Prepare presentations and summary notes. Incorporation in and/or extension of 3 or more of the PVP EWMP scheduled monthly meetings, in addition to a kick-off meeting, with Project Manager and PVP EWMP Agencies. B. Task 2 – Enhanced Watershed Management Program Plan Table 5 lists our tasks to update the Enhanced Watershed Management Program (EWMP) Plan. This Plan will propose a cost-effective, customized regional stormwater management program that meets the objectives of the MS4 Permit. The Team will update the EWMP Plan incorporating the RAA Update report which will summarize the process, modeling assumptions, and results of the tasks outlined in the RAA Update scope of work. A ‘final’ Draft EWMP Plan for submittal to the Regional Board will be submitted within two weeks of receipt of consolidated comments from the PVP EWMP Agencies in order to meet the June 30, 2021 deadline. • Deliverables: Draft report, Revised draft report (v2), Revised draft report (v3), and Final report Table 5. EWMP Plan Tasks # Description 4.2.a.2.i Draft EWMP Plan The EWMP Plan will include preparation of a draft report to be reviewed by the PVP EWMP Agencies, revised draft based on input provided by PVP EWMP Agencies (a minimum of 90 days in advance of the June 30, 2021 deadline), and a revised draft report will be submitted as part of the updated EWMP for review by the Regional Board and public review. 4.2.a.2.ii Final EWMP Plan A final report incorporating Regional Board comments will be prepared for final submittal to the Regional Board along with the final updated EWMP. 4.3.a Contingency and Climate Change Modeling (if required by State Board) B-23 Proposal for EWMP Update October 01, 2020 Page3 Table 5. EWMP Plan Tasks # Description 4.3.a (cont.) As needed: the EWMP Plan may need to include additional EWMP or RAA components if the State Water Resources Control Board of Regional Water Quality Control Boards propose new requirements such as climate change modeling. B-24 Proposal for EWMP Update October 01, 2020 Page4 II. Rate Schedule and Costs A. 2020 Rate Schedule Principal $195 / hour Director $175 / hour Program Manager $175 / hour Staff Engineer $175 / hour Project Manager $165 / hour Assistant Project Manager $155 / hour Project Engineer $155 / hour Compliance Specialist II $125 / hour Project Analyst II $125 / hour Industrial/commercial facility inspection $125 / unit Compliance Specialist I $115 / hour Project Analyst I $115 / hour Administrative Assistant, Laborer (OSHA 40hr certified) $75 / hour State Certified Laboratory Analysis Cost + 5% Legal Consultation, Court Appearances/Document review, etc. $250 / hour Subcontracted equipment Cost + 5% This rate schedule is subject to consumer price index (CPI) increases in subsequent years. B. Estimated Not-to-Exceed Costs Table 6 lists the not-to-exceed cost breakdown by task. Work will be conducted on a time and materials basis. Table 6. Estimated Not-to-Exceed Costs Task name Cost Totals UPDATE OF THE EWMP $57,308 4.2.a.1 – Project Management, Coordination, and Meetings $19,103 4.2.a.2 – Prepare Draft and Final EWMP $38,205 CONTINGENCY AND CLIMATE CHANGE MODELING (IF REQUIRED BY STATE BOARD) $15,742 4.3.a – Contingency and Climate Change Modeling (if required by State Board) $15,742 Total $73,050 B-25 20 of 20 65276.00001\33593849.1 HOA.103125333.1 EXHIBIT E PENINSULA RAA SCOPE OF WORK B-26 6167 Bristol Parkway, Suite 390 Culver City, CA 90230 PH 310.957.6100 www.geosyntec.com Peninsula Cities Revised RAA Proposal_10012020 Date: October 1, 2020 To: John Hunter, John L. Hunter and Associates From: Geosyntec Consultants Subject: Palos Verdes Peninsula Cities Revised EWMP Proposal to Revise RAA in Accordance with MS4 Permit As specified in the 2012 Los Angeles MS4 Permit (NPDES Order No. R4-2012-0175, including subsequent amendments), each Permittee/Watershed Management Group (WMG) is required to submit an updated Enhanced Watershed Management Plan (EWMP) with an updated Reasonable Assurance Analysis (RAA) by June 30, 2021. This draft proposal has been prepared for John L. Hunter and Associates, representing the Palos Verdes Peninsula Cities (Peninsula) WMG, in support of these forthcoming revisions to the Peninsula EWMP. SCOPE OF WORK The drafted scope of work covers six project tasks. Task 1 – Project Management, Coordination, and Meetings All activities related to the management of the Project, including meeting attendance, coordination, communication, and scope/schedule/cost management will be provided under this task. Specifically, Task 1 includes the following: • Project scheduling; • Attendance at up to four WMG meetings for the duration of the contract; • Participation in Project-related calls; • Additional project management duties necessary to complete the Project, including coordination with the Project Manager, Peninsula EWMP Agencies, etc. Task 1 Deliverables • Summary notes from meetings. • Preparation of support material for meetings on an as-needed basis. B-27 Peninsula Cities Revised EWMP October 1, 2020 Page 2 Peninsula Cities Revised RAA Proposal_10012020 • Detailed Project schedule. Task 1 Assumptions • Due to the current COVID-19 pandemic and related restrictions/precautions on indoor gatherings, it has been assumed that all Group meetings will take place virtually. Task 2 – Revised EWMP Planning As part of the original EWMP, an EWMP Work Plan was required to be submitted to the Regional Board. Although that is not a requirement for the revised EWMP, there are some key components of the Work Plan process that will be necessary to complete prior to the revised RAA being completed. These components include: • New and/or altered assumptions necessary to carry out the revised RAA (e.g., updates to the non-structural BMP credit); • Changes in modeling approach and strategy due to the use of WMMS 2.0 instead of SBPAT; and • Identification of new information required for the RAA update. This collaborative effort will aim to identify all stormwater controls that will need to be analyzed as part of the revised RAA/EWMP, including prioritization of regional projects to be considered within key subwatersheds. Task 2 Deliverables • A draft memorandum summarizing proposed changes to the RAA, including a summary of BMPs to be modeled. Task 2 Assumptions • In light of conversations to-date and following the general trend of other WMGs, Geosyntec is planning to use WMMS 2.0 as the model for completion of the RAA. • Confirmation of the various water body pollutant combinations, including the updated prioritized list based on recent water quality data, is expected to be provided to Geosyntec. • Minimal water quality data analyses are scoped. This information is assumed to be available for Geosyntec’s use in planning and conducting the RAA. The format assumed for this information is Excel data tables, consistent with annual reporting information submitted by the Peninsula Cities. • A summary of structural control measures to be modeled, including alterations to BMPs originally identified in the Peninsula EWMP, will be provided to Geosyntec. • All memoranda will be submitted electronically in Word/PDF format. B-28 Peninsula Cities Revised EWMP October 1, 2020 Page 3 Peninsula Cities Revised RAA Proposal_10012020 • Unless otherwise directed, the deliverables will not be finalized, but will be incorporated into the revised RAA Report, as appropriate. Task 3 - Update of the Baseline Model Geosyntec will update WMMS 2.0 per the calibration requirements of the MS4 Permit and to the extent that relevant data is available. The update will seek to utilize all relevant subwatershed data collected within the last ten years. The model will be setup to account for each city within the Peninsula WMG, and the following receiving water bodies: • Machado Lake and Wilmington Drain: To the extent feasible, the baseline watershed model will include a method to account for baseline dry weather flows and associated pollutant loads in those baseline flows based on ten years of data collected by the Peninsula WMG at RHE City Hall and Valmonte monitoring locations. • Greater Los Angeles and Long Beach Harbor • Santa Monica Bay: It is assumed that modeling will not be necessary in the SMB watershed for identified pollutants. With respect to bacteria, it is assumed that the anti-degradation sites are in compliance with applicable receiving water limitations, and therefore, no modeling is necessary. With respect to PCBs and DDT, it is assumed that the watershed is in compliance with applicable limits based on collected water quality data. With respect to mercury and arsenic, it is assumed that recent outfall and receiving water data, coupled with a standard source assessment, will justify the exclusion of these parameters. Therefore, text to support these conclusions will be included in the RAA memo, but no modeling is anticipated. The model will be setup to account for evaluation of necessary capture volumes to achieve compliance, and with an understanding that downstream BMPs (e.g., within Machado Lake Watershed) will be relied upon by the Peninsula WMG. Task 3 Deliverables • A draft memorandum summarizing the following, to be incorporated into the RAA report: o Calibration efforts; o Modeled WBPCs, including desired output for each; and o Compliance data within the SMB watershed and supporting language. Task 3 Assumptions B-29 Peninsula Cities Revised EWMP October 1, 2020 Page 4 Peninsula Cities Revised RAA Proposal_10012020 • The model will be setup in accordance with the latest guidelines from the Regional Board. • WMMS 2.0 currently allows the modeling of the following pollutants: TSS, total zinc, total copper, total lead, total cadmium, total phosphorus, and total nitrogen. All other pollutants requiring modeling will be done via surrogate modeling (e.g., TSS, volume). • All memoranda will be submitted electronically in Word/PDF format. • Unless otherwise directed, the deliverables will not be finalized, but will be incorporated into the revised RAA Report, as appropriate. Task 4 – Revised RAA This task will cover the updating and re-running the RAA. Geosyntec will coordinate with the Peninsula Agencies to compile all constructed/implemented projects, including regional and distributed projects, and planned/potential structural control measures to be included in the EWMP and represented in the RAA. For projects that are anticipated to be located outside the Peninsula WMG, the RAA will produce a necessary capture volume that is needed to meet the target load reductions for the individual pollutants. Geosyntec will also coordinate with the Peninsula Agencies regarding the modeling and accounting for non-structural BMPs. The RAA will then iteratively analyze various BMP scenarios in targeted watersheds to seek to identify a project implementation strategy that demonstrates reasonable assurance of compliance while also meeting the Peninsula Agencies needs with respect to siting, funding, scheduling, etc. Task 4 Deliverables • Revised RAA files, in electronic format. • Summary of RAA results, to be discussed for inclusion in the RAA Report. Task 4 Assumptions • Project information will be provided to Geosyntec for inclusion in the model. No new regional projects are planned on needing to be identified (i.e., this scope does not include identifying and siting new projects). Task 5 – Cost Optimization and Development of Implementation Strategy Geosyntec will coordinate with the Peninsula Agencies in evaluation of the cost-benefit effectiveness of structural control measures (in combination with non-structural control measures) resulting in recommendation of the most cost-effective combination of control measures to meet interim and final pollutant reduction goals. B-30 Peninsula Cities Revised EWMP October 1, 2020 Page 5 Peninsula Cities Revised RAA Proposal_10012020 This task includes an evaluation of the compliance strategy necessary to meet the final pollutant load reductions for Total Nitrogen and Total Phosphorus in the Machado Lake subwatershed on a mass-basis in comparison to the current concentration-based approach. Task 5 Deliverables • A memorandum summarizing implementation costs over the schedule lifetime. Task 5 Assumptions • Cost information will be taken from Sustain/WMMS 2.0. • The cost analysis will be consistent with the requirements of the Tentative Regional MS4 Permit. • All memoranda will be submitted electronically in Word/PDF format. • Unless otherwise directed, the deliverables will not be finalized, but will be incorporated into the revised EWMP and/or RAA Report, as appropriate. Task 6 – RAA Report Based off of the revised RAA results and summary memoranda produced for Tasks 2-5, a complete RAA Report will be drafted for attachment to the Peninsula EWMP. The RAA Report will include preparation of a draft report to be reviewed by the Peninsula Agencies, with a targeted goal of providing this draft to the Peninsula Agencies by March 30, 2020. Following comments, the revised draft report will be submitted as part of the updated EWMP for review by the Regional Board and public review. A final report incorporating Regional Board comments will then be prepared for final submittal to the Regional Board along with the final updated EWMP. The RAA Report will include the following, in addition to the information contained in previous memoranda: • A summary of proposed projects, estimated performance by project, and jurisdictional breakdown in accounting for projects; • A description of the process for demonstrating the effects of the recommended watershed control measures on stormwater quality, non-stormwater quality, and receiving water limitations, TMDL wasteload allocations, WQBELs and other applicable targets at the watershed scale. • A BMP implementation schedule (compliance schedule), consistent with the updated requirements of SWRCB Files A-2386, A-2477, and A-2508. B-31 Peninsula Cities Revised EWMP October 1, 2020 Page 6 Peninsula Cities Revised RAA Proposal_10012020 • A description of the “limiting pollutant” approach, if and as necessary, consistent with the requirements of SWRCB Files A-2386, A-2477, and A-2508. Task 6 Deliverables • Draft, Final Draft, and Final RAA Report Task 6 Assumptions • Minimal updates to the EWMP itself are scoped, as EWMP updates are assumed to be handled by JLHA. Geosyntec will provide input, as necessary. • For the purposes of cost estimating, 40 hours of labor are assumed to be necessary to address comments from the Regional Board. No re-modeling is assumed based on Regional Board comments. SCHEDULE The draft final revised EWMP will be ready for submission to the Regional Board by June 30, 2021, with the first draft needing to be submitted to the Group prior to this to allow sufficient time for review, subsequent edits, and approval. Following receipt of comments from the Regional Board, it is anticipated that revisions will be finalized for re-submittal within three months. A detailed schedule for the Project will be created upon NTP. BUDGET The proposed services will be billed on a time and materials basis. A cost summary is provided below. Task Cost 1 – Project Management $12,500 2 – Revised EWMP Planning $14,750 3 – Update of the Baseline Model $37,800 4 – Revised RAA $63,500 5 - Cost Optimization and Implementation Strategy $18,900 6 – RAA Report $34,500 Total $181,950 B-32 65277.00001\31318074.1 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: C-1 65277.00001\31318074.1Tables 2 and 3 shall be modified as follows. Table 2. Total Cost Allocation Party Area (sq. mi.) Percent of Agency Area1 Percent of City Area2Total without Contingency or Admin Contingency3 Contract Administrations (5%) 2018‐19 Cost4Subsequent Annual Cost (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 Hills63 11.72% 12.05% $44,759.30 $4,475.93 $2,237.97 $51,473.20 $48,719.16 County of Los Angeles7 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. 3 Contingency costs include 10% the total estimated implementation costs before administrative costs. 4 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. 7 The County of Los Angeles cost includes all services except for Receiving Water Monitoring. Table 3. Agency Participation Summary Task RPV PVERHERH LACLACFCD Receiving Water MonitoringP 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 RHECity of Rolling Hills EstatesP Participating RHCity of Rolling HillsN Not Participating LACCounty of Los AngelesRPV City of Rancho Palos Verdes LACFCDLA County Flood Control DistrictPVE City of Palos Verdes Estates C-2 65277.00001\31318074.1Except as above modified, in all other respects the Memorandum of Understanding remains in full force and effect. C-3 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 D-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. D-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 D-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. D-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. D-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 D-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 D-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: D-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 D-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 D-10 CITY OF RANCHO PALOS VERDES Date: _'/A_~_~A--'--Io __ By~~- en Dyda, yor ATTEST: By ~~~ City Clerk APPROVED AS TO FORM: -~ By: Ci~ D-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 D-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 D-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 D-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). D-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 D-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 D-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 D-18