CC SR 20260804 I - CIMP MOA and Award PSA
CITY COUNCIL MEETING DATE: 08/04/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider a Memorandum of Agreement between the participating agencies of the Palos
Verdes Peninsula Watershed Management Group and a Professional Services
Agreement to implement the Coordinated Integrated Monitoring Program.
RECOMMENDED COUNCIL ACTION:
1) Approve the Memorandum of Agreement (MOA) between the participating
agencies of Los Angeles County, Los Angeles County Flood Control District, Palos
Verdes Estates, Rolling Hills, Rolling Hills Estates, and Rancho Palos Verdes that
form the Palos Verdes Peninsula Watershed Management Group (Peninsula
WMG) to implement the Coordinated Integrated Monitoring Program (CIMP);
2) Award a Professional Services Agreement (PSA) with Geosyntec Consultants, Inc.
in the amount of $2,650,344 plus 10% contingency of $265,034 for a total not-to-
exceed cost of $2,915,378 for a term expiring on December 31, 2031, to implement
the CIMP on behalf of the Peninsula WMG;
3) Approve an additional appropriation of $91,200 from Measure W Fund, under
Professional and Technical Services and Salaries and Benefits; and,
4) Authorize the Mayor and City Clerk to execute the MOA and PSA, in forms
approved by the City Attorney.
FISCAL IMPACT: Rancho Palos Verdes is the lead agency for the MOA, which has two
fiscal components: the cost for (1) the Geosyntec PSA and (2)
Administrative Fee to manage the MOA. As such, all Peninsula
WMG members remit their MOA cost share to Rancho Palos Verdes
to manage and pay for both components, as outlined in Table 3 of
the MOA (Attachment A) and summarized below.
In regards to the Geosyntec PSA, the total not-to-exceed cost is
$2,915,378, which includes a 10% contingency of $265,034. This
cost is shared among the Peninsula WMG agencies over a term
ending December 31, 2031 and is determined based on the land
area of each agency. The City's estimated cost share for FY 2026-
27 is $307,000, which includes a 10% contingency of $27,910.
Under the MOA, each Peninsula WMG member remits a share of the
Administrative Fee, which totals $146,614 over the term of the MOA.
Although Rancho Palos Verdes provides these services, it still
represents an actual cost in terms of staff time and as such, the City’s
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share for FY 2026-27 is calculated at $16,200 and is considered as
part of its cost under this MOA.
Altogether, Rancho Palos Verdes’ cost share for both the Geosyntec
PSA and program administration is $323,200. However, the Fiscal
Year (FY) 2026-27 adopted budget for this program is $232,000,
which was a preliminary cost estimate developed before the PSA
with Geosyntec was finalized. The increase in cost reflects the City’s
continued effort to monitor bacteria at the two beach sites located
within City limits, while other agencies have opted to discontinue this
activity. As a result, the City is carrying the full cost of bacteria
monitoring at these two beach sites.
There is an estimated budget shortfall of approximately $91,200 in
the first year for the City. Staff are requesting an additional
appropriation of the same amount of $91,200 from the City’s
Measure W Fund, which has a current balance of $1.8 million.
Furthermore, funding for future years of the PSA will be requested
as part of the annual budgeting process. VR
Amount Budgeted: $232,000
Additional Appropriation: $ 91,200
Account Number(s): 343-400-3130-5101 $75,000
(Measure W Fund 343 – Professional/Tech)
343-400-3130-4XXX $16,200
(Measure W Fund 343 - Salaries & Benefits) VR
ORIGINATED BY: Vanessa Hevener, Project Manager
REVIEWED BY: Susan Pan, P.E., Principal Engineersp
David Copp, P.E., Interim Director of Public Works Department
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. CIMP MOA (page A-1)
B. PSA with Geosyntec Consultants, Inc. (forthcoming as late correspondence)
C. April 6, 2021 Staff Report (link)
BACKGROUND:
To protect the quality of surface waters in Los Angeles County, municipalities are required
to manage stormwater discharges from their “municipal separate storm sewer systems”
(MS4), in accordance with all applicable State and Federal water quality regulations.
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In 2012, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted
the Municipal Separate Storm Sewer Permit (MS4 Permit), which was later superseded
by the 2021 Regional Phase I MS4 Permit Order R4 -2021-0105. The 2012 and 2021
Permits allowed municipalities or Permittees to coordinate, implement, and monitor their
stormwater management efforts, on a watershed basis. Those Permittees sharing a
watershed could jointly develop and implement a Watershed Management Program
(WMP) and a Coordinated Integrated Monitoring Program (CIMP) to achieve MS4 Permit
compliance with certain Receiving Water Limitations (RWLs) and Water Quality Based
Effluent Limits (WQBELs). The CIMP is a technical document that outlines the
requirements for collecting samples of urban stormwater runoff, analyzing them for
pollutants, and reporting the findings to the Regional Board.
On August 6, 2013, the City Council approved a Memorandum of Understanding (MOU)
between the Peninsula WMG agencies (comprised of Rancho Palos Verdes, Palos
Verdes Estates, Rolling Hills, Rolling Hills Estates, Los Angeles County, and the Los
Angeles County Flood Control District) to collaboratively develop its CIMP. The City of
Rancho Palos Verdes, being the largest in land area of the group, serves as the chair of
the Peninsula WMG.
On June 27, 2014, the City Council authorized Staff to submit a draft CIMP to the Regional
Board for approval. After multiple rounds of comments and review, the Regional Board
issued final approval of the CIMP on February 4, 2016.
On April 5, 2016, the City of Rancho Palos Verdes entered into a MOU with the Peninsula
WMG agencies to implement the CIMP. The MOU outlined the shared costs to implement
the CIMP, which were primarily in proportion to land area.
On September 7, 2017, the Regional Board removed shoreline bacteria monitoring from
the Los Angeles County Sanitation Districts (LACSD) National Pollutant Discharge
Elimination System (NPDES) permit effective July 1, 2018. The Peninsula WMG had
been relying on LACSD to conduct and cover the cost of shoreline monitoring. For that
reason, the Peninsula WMG needed to acquire additional CIMP services. On August 7,
2018, City Council approved a PSA with Geosyntec Consultants, Inc. (Geosyntec) to
conduct that work and approved the First Amendment to CIMP MOU to add the cost share
for shoreline bacteria monitoring.
On April 6, 2021, City Council approved the second Amendment to the CIMP MOU to
include updated monitoring cost and data reporting for the Peninsula agencies. This
second Amendment was approved by the Peninsula WMG agencies on April 27, 2021,
which expired on June 30, 2026 (Attachment C).
The City Council is now being asked to consider a new MOA with the Peninsula WMG
and a PSA to implement the CIMP, as discussed below.
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DISCUSSION:
Peninsula WMG MOA
A new MOA is needed between the Peninsula WMG to continue administering the CIMP’s
monitoring activities, consultant services, reporting requirements, and cost sharing . The
new CIMP MOA has a term expiring on December 31, 2031 to coincide with the proposed
PSA with Geosyntec, which will allow the consultant to complete and submit the FY 2030-
31 Annual Report to the Regional Board by December 15, 2031.
Under the MOA, the City of Rancho Palos Verdes serves as the contract administrator
for the CIMP implementation services. As such, the Peninsula WMG agencies pay an
administrative fee of 5% ($146,614) of the total 5.5-year program cost of $2,932,287, of
which includes a 10% contingency ($266,572). The Administrative fee is paid to the City
of Rancho Palos Verdes for the duration of the MOA term (Attachment A: Table 1).
The proposed MOA includes several monitoring and reporting tasks necessary to satisfy
current MS4 Permit requirements. However, unlike the previous MOU, the proposed MOA
identifies Task 8: Santa Monica Bay Beaches Bacteria Total Maximum Daily Load
(SMBBB TMDL) Monitoring as an optional task that is outside the cost-sharing structure,
because it is no longer required under the current MS4 permit and Peninsula CIMP.
However, this Task may generate data that can be used to evaluate water quality
conditions along local beaches. Furthermore, the Regional Board has indicated that they
may require agencies to continue monitoring in the near future and therefore the City has
opted to continue monitoring the two beach sites (Long Point and Portuguese Bend Cove)
within the City limits, which will yield information on ocean water quality adjacent to and
benefitting the City. The City will bear the cost of this monitoring and pay the costs with
Measure W funding.
Geosyntec PSA
On April 13, 2026, the Peninsula WMG issued a Request for Proposals (RFP) for CIMP
implementation services through the PlanetBids online solicitation portal. Only one
proposal was received by the deadline date of May 11, 2026. The proposal was evaluated
by each representative of the Peninsula WMG according to the scoring criteria specified
in the RFP as shown on the next page.
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Representatives from the Peninsula WMG negotiated the PSA (Attachment B) with
Geosyntec for a term expiring on December 31, 2031, in order to coincide with the term
of the new CIMP MOA.
Geosyntec’s cost proposal is $2,915,378 including a 10% contingency of $265,034 and
is shared among the Peninsula WMG agencies over the entire term of the PSA. The
cost-sharing tables in the CIMP MOA (Attachment A: Tables 1–3) identify each agency's
contribution amount, which includes a 10% contingency and a 5% program administration
fee for the duration of the MOA term.
The FY 2026-27 adopted budget for the PSA is $232,000; however, the City's estimated
cost share is $323,166 which includes a 10% contingency and 5% program administration
cost. This results in a budget shortfall of approximately $91,200 due to the FY 2026-27
budget of $232,000 being based on a preliminary cost estimate developed prior to the
PSA with Geosyntec was finalized. In addition, the increase in cost reflects the City’s
continued effort to monitor for bacteria at the two beach sites located within City limits
while other agencies have opted to discontinue participating in the beach bacteria
monitoring. As a result, the City is carrying the full cost of bacteria monitoring at these two
beach sites.
For the budget shortfall of $91,200, Staff is requesting an appropriation of the same
amount from the Measure W Fund. The Measure W has a current balance of $1.8 million
to cover this adjustment. Funding for future expenditures will be requested during the
annual budget process.
The remaining Peninsula WMG member agencies have approved or are in the process
of approving the CIMP MOA and its cost-sharing tables at their respective City Council
and Board of Supervisors meetings.
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CONCLUSION:
The City is required to implement the approved CIMP to remain in compliance with the
MS4 Permit. To accomplish this, it is recommended that the City Council approve the
MOA for cost sharing between agencies in the Peninsula WMG to implement the CIMP ,
award a PSA with Geosyntec Consultants, Inc. in the amount of $2,915,378 including a
10% contingency of $265,034, for a term expiring on December 31, 2031 to implement
the CIMP on behalf of the Peninsula WMG; approve an additional appropriation of
$91,200 from the Measure W Fund, Professional and Technical Services; and authorize
the Mayor and City Clerk to execute the agreements in a form approved by the City
Attorney.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not approve the MOA for cost sharing between agencies in the Peninsula WMG
to implement the CIMP.
2. Reject the PSA and re-solicit the services. Implementation of Peninsula CIMP is
the minimum baseline requirement of the MS4 Permit. Approval of this PSA
ensures that the City complies with the current MS4 Permit.
3. Take other action as deemed appropriate by the City Council.
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MEMORANDUM OF AGREEMENT
BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT
THE CITIES OF PALOS VERDES ESTATES, ROLLING HILLS, ROLLING HILLS
ESTATES, AND RANCHO PALOS VERDES
REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING
THE COORDINATED INTEGRATED MONITORING PROGRAM
FOR THE PALOS VERDES PENINSULA WATERSHED
This Memorandum of Agreement (MOA), including its attachments and exhibits, is made
and entered into by and among the COUNTY OF LOS ANGELES (COUNTY), a political
subdivision of the State of California, CITIES OF PALOS VERDES ESTATES, ROLLING
HILLS, ROLLING HILLS ESTATES, AND RANCHO PALOS VERDES, municipal
corporations, and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
(LACFCD), a body corporate and politic. 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 National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 on
November 8, 2012 (2012 MS4 Permit), which was superseded by the 2021 Regional
Phase I MS4 Permit Order R4-2021-0105 (2021 MS4 Permit or MS4 Permit); and
WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and
required that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long
Beach, Palmdale, and Lancaster) within Los Angeles County, comply with its prescribed
elements; and
WHEREAS, the 2021 MS4 Permit became effective on September 11, 2021, and
requires that the COUNTY, the LACFCD, 85 cities within the coastal watersheds of
Los Angeles County, the Ventura County Watershed Protection District, the County of
Ventura, and 10 cities within Ventura County comply with the prescribed elements of the
MS4 Permit; and
WHEREAS, the MS4 Permit identifies the PARTIES as MS4 Permittees that are
responsible for compliance with the MS4 Permit requirements pertaining to the
Palos Verdes Peninsula Watershed Management Area; and
WHEREAS, the PARTIES formed the Palos Verdes Peninsula (PVP) Watershed
Management Group (WMG) to collaborate on the Coordinated Integrated Monitoring
Program (CIMP) in accordance with the MS4 Permit; and
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WHEREAS, the PARTIES entered into a Memorandum of Understanding (CIMP
MOU) on May 3, 2016, to collaborate in the development of a CIMP for the PVP
Watershed Management Group; and
WHEREAS, the first CIMP was submitted to the REGIONAL BOARD by the
PARTIES on June 27, 2014, and was approved by the REGIONAL BOARD on February
4, 2016; and
WHEREAS, the PARTIES amended the CIMP 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.
WHEREAS, a revised CIMP was submitted to the REGIONAL BOARD by the
PARTIES on March 13, 2023, and was approved by the REGIONAL BOARD on
November 14, 2024; and
WHEREAS, the PARTIES propose to hire consultants (CONSULTANTS), to
implement certain requirements of the CIMP, which for purposes of this MOA, may also
include the preparation of reports, tables, charts, and other documentation required by
the CIMP, and any necessary revisions to the CIMP in compliance with the MS4 Permit;
and
WHEREAS, the PARTIES have determined that hiring CONSULTANTS to
implement certain requirements of the CIMP will be beneficial to the PARTIES, and they
have agreed to contribute funds to CITY OF RANCHO PALOS VERDES, who will act as
Administrator on behalf of the PARTIES to contract with CONSULTANTS to implement
certain requirements of the CIMP; and
WHEREAS, the PARTIES agree that any unused funds from CIMP implementation
may be reimbursed through credits toward future invoices and CIMP implementation
agreements; 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 MOA.
WHEREAS, the PARTIES agree to maintain and cost share group membership
through the California Stormwater Quality Association (CASQA).
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows:
Section 1. Recitals. The recitals set forth above are true and correct and are fully
incorporated into this MOA.
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Section 2. Purpose. The purpose of this MOA is to cooperatively administer and fund
the implementation of certain requirements 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 MOA.
Section 4. Voluntary. This MOA is voluntarily entered into for the implementation of
certain requirements of the CIMP, and authorizes CITY OF RANCHO PALOS VERDES
to administer the cost-sharing described in Section 6.
Section 5. Term. The PARTIES expressly agree that this MOA shall become
retroactively effective on July 1, 2026, and shall remain in effect until December 31, 2031.
Section 6. Cost-Sharing.
a. Each PARTY, by executing this MOA, expressly agrees that all costs to be shared
hereunder shall begin to accrue on July 1, 2026.
b. The PARTIES have agreed to cooperatively cost share and fully fund the estimated
costs of implementing certain requirements of the CIMP and optional Task 8
(SMBBB TMDL Monitoring), as shown in Table 1 of Exhibit A; based on the cost
allocation formula contained in Table 2 of Exhibit A of this MOA.
c. Any PARTY that does not desire to participate in optional Task 8 (SMBBB TMDL
Monitoring) can submit a written request to the CITY OF RANCHO PALOS
VERDES that they do not desire to be part of optional Task 8 (SMBBB TMDL
Monitoring). The non-participating PARTY will not be responsible for its
proportionate share of funds to complete the optional Task 8, and the cost will be
recalculated amongst the remaining PARTIES. In the event that a PARTY does
not wish to participate in optional Task 8 (SMBBB TMDL Monitoring), notification
to the CITY OF RANCHO PALOS VERDES must be provided, where an
amendment to the MOA will be drafted with the concurrence of the PARTIES,
including an updated Tables 3 (Invoicing Schedule) and based on an updated cost
share formula contained in Table 2 (Total Cost Allocation Formula by Permittee for
5.5 Years) of Exhibit A of this MOA. Upon execution of the MOA amendment, the
revised invoicing schedule will go into effect the upcoming fiscal year (FY). For the
election to participate in optional Task 8 to go into effect starting July 1, 2026
reflecting the current 26-27 FY, the non-participating PARTY shall provide notice
to the CITY OF RANCHO PALOS VERDES as promptly as possible upon an
election to opt out by its governing body. For all subsequent fiscal years, the non-
participating PARTY must provide notice to the CITY OF RANCHO PALOS
VERDES if it elects to participate in option Task 8 prior to March 31 of the
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preceding fiscal year and, upon execution of the MOA amendment, the revised
invoicing schedule will go into effect the upcoming FY.
d. The PARTIES have agreed that the total cost for implementing certain
requirements of the CIMP shall not exceed $3,078,901 for five and a half (5.5)
years, which includes a five percent (5%) program administration cost, and a ten
percent (10%) contingency.
Section 7. CITY OF RANCHO PALOS VERDES. CITY OF RANCHO PALOS
VERDES agrees to the following:
a. Consultant Services. To retain a CONSULTANT and administer a CONSULTANT
contract to implement MS4 Permit and monitoring and reporting requirements of
the CIMP, and certain reporting requirements of the MS4 Permit, and any
conditions required by subsequent changes to the CIMP as agreed upon by the
PARTIES and approved by the REGIONAL BOARD. The contract shall include
provisions to effectuate Section 10(d) below relating to indemnity and insurance
requirements.
CITY OF RANCHO PALOS VERDES will be compensated for the administration
of the consultant contract at a rate of five percent (5%) of each PARTY'S cost
share as described in Tables 1 and 2 of Exhibit A. CITY OF RANCHO PALOS
VERDES will comply with all procurement requirements applicable to said
selection.
b. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts
shown in Table 3 of Exhibit A. The annual payments for the period of July 1
through June 30 will be invoiced in July of that same year, except for the first
invoice under this MOA, which will be issued upon the execution of this MOA by
all PARTIES. At the end of each monitoring year, any unused funds will be rolled
over and used toward future years of CIMP implementation and reporting.
c. Expenditure. To utilize the funds deposited by the PARTIES only for the purposes
authorized by this MOA. CITY OF RANCHO PALOS VERDES will provide an
accounting of funds expended and remaining after the end of the MOA term.
d. Contingency. To notify the PARTIES if actual costs are anticipated to exceed the
total cost estimates contained in Table 1 of Exhibit A and obtain written approval
of such additional costs from all PARTIES. Upon approval, the PARTIES agree to
reimburse CITY OF RANCHO PALOS VERDES for their proportional share of
these additional costs at an amount not to exceed ten percent (10%) of the original
cost estimate as shown in Tables 1 and 2 of Exhibit A. This contingency will not
be invoiced unless actual expenditure exceeds the original cost estimate.
Expenditures that exceed the ten (10%) percent contingency will require an
amendment to this MOA.
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e. Report. To coordinate with all PARTIES to submit reports to the REGIONAL
BOARD as described in the CIMP on the PARTIES’ behalf and distribute copies
of the reports to the PARTIES for review and comment prior to submittal to the
REGIONAL BOARD. CITY OF RANCHO PALOS VERDES will provide the
PARTIES with an electronic copy of draft and completed reports. 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 to all PARTIES and
as requested by the REGIONAL BOARD in a format that contains the table
structure and syntax agreed upon by the PARTIES, e.g., California Environmental
Data Exchange Network format. The CITY OF RANCHO PALOS VERDES will
provide sufficient time [approximately four (4) weeks] to the PARTIES to review
the prepared reports. The CITY OF RANCHO PALOS VERDES shall consider
incorporating such comments received and answering a PARTY's questions to the
best of its abilities prior to its submittal to the REGIONAL BOARD.
f. Termination or Expiration. To provide an accounting within ninety (90) days of the
termination or expiration of this MOA, and to return any unused funds deposited
with the CITY OF RANCHO PALOS VERDES to the PARTIES within one-hundred
eighty (180) days of said termination or expiration, in accordance with the cost
allocation formulas set forth in Exhibit A Tables 1 and 2. Subject to agreement by
the CITY OF RANCHO PALOS VERDES, any funds which are to be reimbursed
to a PARTY may be reimbursed through credits toward future invoices and
agreements. This subsection shall survive termination or expiration of this MOA.
g. Permit. To work in good faith with the PARTIES and their CONSULTANTS to
obtain all necessary permits for installation of permanent infrastructure or
modifications to monitoring sites, and subsequent access during monitoring events
and maintenance.
h. 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), provided the CITY OF RANCHO PALOS VERDES and
its CONSULTANT provide written notice seventy-two (72) hours in advance of
entry to LACFCD's FACILITIES.
Section 8. LACFCD. LACFD agrees to the following:
a. To grant permits to CITY OF RANCHO PALOS VERDES, its CONSULTANT, and
any subconsultant for construction or installation of monitoring equipment in
LACFCD FACILITIES subject to applicable permit requirements and for access
over LACFCD right of way to conduct monitoring and to operate and maintain the
monitoring equipment. Permits for the construction or installation of monitoring
equipment will be subject to applicable permit fees, however, access permits shall
be granted at no cost to the permittee.
Section 9. THE PARTIES. All PARTIES agree to the following:
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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, and program administration not exceeding the amounts as
shown in Table 3 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
and 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 agreement of the
PARTIES.
b. Late Payment Penalty; Excluded Party. Any payment that is not received within
sixty (60) days following receipt of the invoice from the CITY OF RANCHO PALOS
VERDES shall be subject to a late payment of ten percent (10%). Interest on any
late payment shall accrue at the rate of one percent (1%) per month for each month
a payment is past due. If a PARTY remains delinquent beyond 60 days after the
due date, then the CITY OF RANCHO PALOS VERDES may notify the
REGIONAL BOARD, with a copy to the delinquent PARTY, that the delinquent
PARTY is no longer a participating member, and said PARTY shall be deemed to
have terminated its participation as a member of the MOA (EXCLUDED PARTY).
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 allocation. The CITY OF
RANCHO PALOS VERDES will revise Table 3 of Exhibit A to show recalculated
costs for each remaining participating PARTY; the revised exhibit will be included
with the next invoice to the PARTIES. The remaining participating PARTIES shall
retain all contractual, legal, and equitable rights and causes of action to recover
any delinquent amounts owed by an EXCLUDED PARTY who failed to make such
payments.
c. Shifting of Funds. Subject to prior written approval by all PARTIES, the PARTIES
may shift funds collected under this MOA between tasks administratively, without
an amendment to this MOA, provided that the overall amount does not exceed the
total not-to-exceed amount of this MOA or a PARTY's annual proportional share
of costs, as set forth in Exhibit A.
d. Documentation. To cooperate in good faith with one another to achieve the
purposes of this MOA by providing all requested information and documentation in
their possession and available for release to the CITY OF RANCHO PALOS
VERDES and its CONSULTANT, including any subconsultant, that is deemed
necessary by the PARTIES to implement this MOA.
e. Access. Each PARTY will allow reasonable access and entry by the CITY OF
RANCHO PALOS VERDES and CONSULTANT, on an as-needed basis during
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the TERM of this MOA, to each PARTY'S facilities, as necessary to perform the
activities of this MOA, provided, however, that prior to entering any of the PARTY'S
facilities, the CITY OF RANCHO PALOS VERDES and CONSULTANT, including
any subconsultant as applicable, shall obtain all necessary permits to perform the
activities and provide written notice as required by those permits.
f. Permit. Each PARTY will work in good faith with the CITY OF RANCHO PALOS
VERDES and CONSULTANT, including any subconsultant as applicable, to obtain
all necessary permits for the construction or installation of monitoring equipment
and for access over right of way to operate and maintain the monitoring equipment
within each PARTY'S jurisdiction. The PARTIES agree that the CITY OF
RANCHO PALOS VERDES shall have the authority to obtain permits, on behalf of
all PARTIES, for the use of FACILITIES and right of way of the LACFCD as
necessary to implement this MOA. Each PARTY’s duty to defend, indemnify and
hold harmless shall survive and continue in full force and effect after withdrawal of
any PARTY from this Agreement, including as to the withdrawing PARTY, or
expiration or termination of this MOA for any reason with respect to any Claims
that occurred before the date of such withdrawal, expiration or termination.
g. Participation. Each PARTY shall designate an individual to represent it at the PVP
WMG that is authorized to provide official input on behalf of the PARTY and vote
on additional activities pursuant to subsection (h) below (WMG
REPRESENTATIVE). Each PARTY shall ensure that a representative attends the
PVP WMG meetings and timely responds to e-mail communication.
h. Additional Activities. The PARTIES agree that additional activities may arise in the
course of implementing this MOA, and there may be interest in utilizing funds
collected through this MOA or pursuing funds, including, but not limited to, the Safe
Clean Water Program, to complete those activities. The PVP WMG shall discuss
and determine additional activities to be completed and implementation approach
to complete those activities through mutual written agreement. The PVP WMG will
determine which activities to pursue in accordance with the following consensus
process:
i. Consensus in the PVP WMG will be mean an affirmative vote of the
supermajority (95%) of the PVP WMG members based on each PARTY’s
percentage land area of the Watershed as shown in, Figure 1 (Map of Palos
Verdes Peninsula WMA) and Table 2 (Total Cost Allocation Formula by
Permittee for 5.5 years) of Exhibit A.
ii. The CITY OF RANCHO PALOS VERDES shall email each WMG PARTY
REPRESENTATIVE with a proposal to fund additional activities, and ask
each to respond to the email within five (5) business days with a “yes” or
“no” vote.
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iii. Consensus shall be determined by counting the email votes of WMG
PARTY REPRESENTATIVES.
iv. In the event a WMG PARTY REPRESENTATIVE does not submit its vote
within five (5) business days, its PARTY’s vote shall be counted as a “yes”
vote.
v. If the PARTIES reach consensus to undertake an additional activity, any
PARTY that voted against the additional activity and does not wish to
participate may submit a written request to the CITY OF RANCHO PALOS
VERDES to be excluded from that activity. If granted, the non-participating
PARTY will not be responsible for its proportionate share of funds to
complete the additional activity, and the cost will be recalculated amongst
the remaining PARTIES. The request shall be granted unless one or more
of the participating PARTIES demonstrates that reallocating the non-
participating PARTY’s share of the costs would impose an unreasonable
hardship on such participating PARTY or PARTIES.
i. Additional Participants. The PARTIES agree that if any other entity wishes to
participate and cost share any element of the CIMP, an amendment to the MOA
will be drafted with the concurrence of the MS4 Permittees, including an updated
Table 3 based on updated parties, tasks and costs to Table 2 of Exhibit A of this
MOA.
Section 10. Indemnification
a. 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) (together, LIABILITY),
arising from or connected with, and in relative proportion to, its own negligence or
willful misconduct in the performance of this MOA; provided, however, that no
PARTY shall indemnify another PARTY for said other PARTY'S own negligence
or willful misconduct. Each PARTY’s duty to defend, indemnify and hold harmless
shall survive and continue in full force and effect after withdrawal of any PARTY
from this Agreement, including as to the withdrawing PARTY, or expiration or
termination of this MOA for any reason with respect to any LIABILITY that occurred
before the date of such withdrawal, expiration or termination.
b. If any PARTY pays in excess of its pro rata share in satisfaction of any liability
arising out of the implementation of the CIMP, such PARTY shall be entitled to
contribution from each of the other PARTIES; provided, however, that the right of
contribution is limited to the amount paid in excess of the PARTY's pro rata share
and provided further that no PARTY may be compelled to make contribution
beyond its own pro rata share of the entire liability; and provided that no PARTY
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shall indemnify another PARTY for that PARTY'S own negligence or willful
misconduct.
c. The PARTIES agree that any LIABILITY borne by or imposed upon any PARTY or
PARTIES arising from the performance of this MOA that is not caused by or
attributable to the negligence or willful misconduct of any PARTY shall be fully
borne by all the PARTIES in accordance with their pro rata cost share, as set forth
in this MOA.
d. To the maximum extent permitted by law, the CITY OF RANCHO PALOS VERDES
shall require the CONSULTANTS retained pursuant to this MOA to agree to
indemnify, defend, and hold harmless each PARTY, its special districts, elected
and appointed officers, employees, attorneys, agents, and designated volunteers
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 each of their
agreements 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 elected and appointed officers, employees, attorneys, agents, and
designated volunteers shall be named as additional insureds on the policy(ies) with
respect to liabilities arising out of the CONSULTANTS’ work under this MOA.
Consultant shall include these requirements in its agreements with any
subcontractors hired by the CONSULTANTS to perform work required by this
MOA.
Section 11. Termination and Withdrawal:
a. Termination. This MOA may be terminated upon the express written agreement
of all PARTIES. If this MOA is terminated, then all PARTIES must agree on the
date of termination, tasks to be completed prior to termination, payment of invoices
due at the time of termination, and equitable redistribution of remaining funds
deposited, if there are any. In the event of termination, each PARTY shall also be
responsible for the payment of its own fines, penalties, or costs incurred as a result
of the non-performance of the CIMP. Completed work shall be owned by the
PARTY or PARTIES who fund the completion of such work. Rights to uncompleted
work by the CONSULTANTS still under contract will be held by the PARTY or
PARTIES who fund the completion of such work.
b. Default. If a PARTY fails to substantially comply with any of the terms or conditions
of this MOA, then that PARTY shall forfeit its rights to work completed through this
MOA, 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.
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c. Delinquent Payments. The CITY OF RANCHO PALOS VERDES shall notify all
PARTIES in writing of any PARTY failing to cure an alleged default in compliance
with the terms or conditions of this MOA. 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 Tables 2 and 4 in Exhibit A, using the
process defined in Section 9 (b). If the increase is more than the ten percent (10%)
contingency, an amendment to this MOA must be executed to reflect the change
in the PARTIES’ cost share.
d. Withdrawal. If a PARTY wishes to withdraw from this MOA for any reason, that
PARTY must give the other PARTIES and the REGIONAL BOARD prior written
notice thirty (30) days thereof. The withdrawing PARTY shall be responsible for
its share of the costs, including costs for reporting of data and results, prorated
according to the effective date of withdrawal. The effective date of withdrawal shall
be the sixth (6th) day after the CITY OF RANCHO PALOS VERDES receives
written notice of the PARTY'S intent to withdraw. Should any PARTY withdraw
from this MOA, the remaining PARTIES' cost share allocation shall be adjusted in
accordance with the cost allocation formula in Exhibit A.
Section 12. General Provisions:
a. Survival. The provisions of this MOA relating to indemnification, hold harmless and
duty to defend obligations, accrued payment obligations, ownership and use of
work product, and any other provisions that by their nature are intended to survive
termination or expiration shall survive such termination or expiration until fully
performed or otherwise satisfied.
b. Notices. Any notices, bills, invoices, or reports relating to this MOA, 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 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 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.
c. Administration. For the purposes of this MOA, 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 MOA 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 MOA on behalf of such PARTY.
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d. Relationship of the Parties. The PARTIES are, and shall remain at all times as to
each other, wholly independent entities. No PARTY to this MOA shall have power
to incur any debt, obligation, or liability on behalf of any other PARTY unless
expressly provided to the contrary by this MOA. 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.
e. Binding Effect. This MOA shall be binding upon and shall be to the benefit of the
respective successors and assigns of each PARTY; provided, however, no PARTY
may assign its respective rights or obligations under this MOA without the prior
written consent of the other PARTIES.
f. Amendment. Unless expressly stated otherwise herein, the terms and provisions
of this MOA may not be amended, modified, or waived, except by an instrument in
writing signed by all non-delinquent PARTIES. For purposes of this subsection, a
PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice
as required by Section 9 or withdraws pursuant to Section 11(d). Such
amendments may be executed by those individuals listed in Exhibit B or by other
individuals authorized to execute such amendment on behalf of each PARTY.
g. Law to Govern. This MOA is governed by, interpreted under, construed, and
enforced in accordance with the laws of the State of California, and exclusive
venue for any action involving this MOA will be in Los Angeles County.
h. No Presumption in Drafting. The PARTIES to this Agreement agree that the
general rule that an Agreement is to be interpreted against the PARTY drafting it
or causing it to be prepared shall not apply.
i. Severability. If any provision of this MOA shall be determined by any court to be
invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall
not be affected, and this MOA shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOA.
j. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES
with respect to the subject matter hereof, and supersedes any prior agreements.
k. Waiver. Waiver by any PARTY to this MOA of any term, condition, or covenant of
this MOA shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any PARTY to any breach of the provisions of this MOA shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach
or violation of any provision of this MOA.
l. Counterparts. This MOA may be executed in any number of counterparts, which
execution may be by electronic means as defined in Civil Code Section 1633.2
and each of which shall be an original, but all of which taken together shall
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constitute one and the same instrument, provided, however, that such counterparts
shall have been delivered to all PARTIES to this MOA.
m. No Third Party Beneficiaries. This MOA and every provision herein is generally for
the exclusive benefit of the PARTIES and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the PARTY’s obligations
under this MOA.
n. Counsel Representation. All PARTIES have been represented by counsel in the
preparation and negotiation of this MOA. Accordingly, this MOA shall be construed
simply, as a whole, and according to its fair language. Any ambiguities shall be
resolved in a collaborative manner by the PARTIES and shall be rectified by
amending this MOA as described in Section 12(f).
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOA to be
executed by their duly authorized representatives and affixed as of the date of signature
of the PARTIES:
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COUNTY OF LOS ANGELES
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
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CITY OF PALOS VERDES ESTATES
Date: _____________________ By: _________________________
Kerry Kallman
City Manager
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CITY OF ROLLING HILLS
City Manager
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CITY OF ROLLING HILLS ESTATES
City Manager
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CITY OF RANCHO PALOS VERDES
City Manager
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EXHIBIT A
Palos Verdes Peninsula Watershed CIMP
Table 1. Total MOA Costs
Tasks Estimated
1
Estimate
1
Estimate
1
Estimate
1
Estimate Jul-Dec
2031 Estimated
Task 1. Project
Management,
Communications, and
Stormwater Outfall
Outfall Monitoring
Flowmeter
Optional - Stormwater
Outfall Monitoring
Annual CIMP
Adaptive
SMBBB TMDL
time CIMP Update
2
Subtotal
Annual Cost $504,359 $557,278 $542,232 $564,235 $587,259 $176,924 $2,932,287
Total MOA Cost (5.5
Years) $529,577 $585,141 $569,343 $592,447 $616,622 $185,770 $3,078,901
1 – For 2026-27 through Jul-Dec, 2031, the estimate is based on cost estimate provided by a consultant
2 – For CASQA Membership fees, estimated costs are listed for FY 2029-30 and FY 2030-31, partly based on previous
costs plus moderate inflationary increase
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Table 2. Total Cost Allocation Formula by Permittee for 5.5 years
Party Acr
es
ent
of
Area
1
of City
Area2
CIMP
Tasks (1,
3-7, 9)1
CIMP
Task 22
SMBBB
(Task 8)6
CASQA Total Cost5
City of
Rancho
Palos
13.
5 52.73 54.22
Palos
Verdes 4.8 18.75 19.28
Rolling
Hills 3.6 14.06 14.46
Rolling 3 11.72 12.05
Los
3
0.7 2.73 N/A
- - -
Total
25.
6 100 100
1 – Percent of Agency Area is the percent of total CIMP area including the County of Los Angeles Unincorporated
area. Tasks 1, 3-7, and 9 are based on the 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 - The County of Los Angeles cost does not include Receiving Water Monitoring
4 - The Los Angeles County Flood Control District cost includes 5% for all CIMP services
5 - Includes 5% Program Administration and 10% Contingency cost of the total estimated implementation cost
6 – At the time the MOA was executed, the City of Rancho Palos Verdes was the only party that elected to participate
in optional Task 8, therefore will only implement the program at monitoring sites within its jurisdictional area.
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Figure 1. Map of Palos Verdes Peninsula WMA
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Table 3. Invoicing Schedule1
Party Jul-Dec 2031 Total
City of Rancho
City of Palos
City of Rolling
City of Rolling
Total $529,577 $585,141 $569,343 $592,447 $616,622 $185,770 $3,078,901
1 – Includes 5% program administration fee and 10% contingency.
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EXHIBIT B
Palos Verdes Peninsula Watershed WMP
Responsible Agencies Representatives
1. County of Los Angeles
Los Angeles County Public Works
Stormwater Quality Division
1000 South Fremont Avenue, Building A-9 East, 1st Floor
Alhambra, CA 91803-1331
Hannah Dewey
E-mail: HDEWEY@pw.lacounty.gov
Phone: (626) 300-4665
Fax: (626) 300-4620
2. Los Angeles County Flood Control District
Los Angeles County Public Works
Stormwater Quality Division
1000 South Fremont Avenue, Building A-9 East, 1st Floor
Alhambra, CA 91803-1331
Hannah Dewey
E-mail: HDEWEY@pw.lacounty.gov
Phone: (626) 300-4665
Fax: (626) 300-4620
3. City of Palos Verdes Estates
340 Palos Verdes Drive West
Palos Verdes Estates, CA 90274
Kerry Kallman, City Manager
Email: kkallman@pvestates.org
Phone: (310) 378-0383
4. City of Rolling Hills
2 Portuguese Rd.
Rolling Hills, CA 90275
Karina Bañales, City Manager
Email: kbanales@cityofrh.net
Phone: (310) 377- 1521
5. City of Rolling Hill Estates
4045 Palos Verdes Drive North
Rolling Hills Estates, CA 90274
Greg Grammer, City Manager
Email: GregG@rollinghillsestates.gov
Phone: (310) 377-1577, ext. 101
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6. City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Ara Michael Mihranian, City Manager
Email: aram@rpvca.gov
Phone: (310) 544-5202
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