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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to authorize the City Manager to execute Addendum No. 2 to Transfer Agreement No. 2020RPLSGR02 (Agreement File No. 887), in a form approved by the City Attorney, with the Los Angeles County Flood Control District for the Safe, Clean W ater Program – Regional Program Funds.
DATE: January 23, 2023
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Addendum No. 2 to the fund transfer agreement (Agreement File No. 887) with the Los Angeles County Flood Control District (the District) for the Safe, Clean Water Program (SCWP) Regional Program funds. The City of Bellflower applied for SCWP Regional Program funds and was approved for five years of operations, maintenance, and monitoring of the Caruthers Park Stormwater and Urban Runoff Capture Project (the “Project”). Addendum No. 2 provides funds for year three.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Addendum No. 2 to Agreement File No. 887, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There will be no impact to the City’s General Fund. The City will receive $177,000 in SCWP Regional Program funds for FY 2022/2023 for the operations, maintenance, and monitoring of the Project.
DISCUSSION
On November 6, 2018, Measure W was successfully passed by Los Angeles County voters, which created the SCWP. The SCWP provides local, dedicated funding for stormwater and urban runoff programs and projects to increase local water supply, improve water quality, and protect public health.
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Staff Report – Addendum No. 2 to Agreement File No. 887 January 23, 2023
DISCUSSION – Continued
The City of Bellflower is in the Lower San Gabriel River Watershed Area (LSGRWA) under the SCWP. The LSGRWA is estimated to receive up to $16.7 million annually to fund regional projects and programs. Regional Program funds for the LSGRWA are programmed by the LSGRWA Steering Committee comprised of local stakeholders from agencies, municipalities, and community members from within the LSGRWA. The Steering Committee meets regularly to develop funding plans and recommendations to provide water quality, water supply, and community enhancement benefits to the region.
The City applied for SCWP Regional Program funds for the operations, maintenance, and monitoring of the Project and was approved for five years of regional funding.
On January 11, 2021, the City approved Agreement File No. 887 between the City and the District, which allows for the transfer of Regional Program funds to the City. The FY 2020/2021 allocation was received after execution of Agreement File No. 887 and the four subsequent fiscal year allocations will be received after execution of Addendums to Agreement File No. 887. The City is anticipating the following allocations:
FY 2020/2021: $147,000 (received)
FY 2021/2022: $177,000 (received)
FY 2022/2023: $177,000
FY 2023/2024: $177,000
FY 2024/2025: $177,000
Following receipt of the signed Addendum No. 2 by the District, the District will disburse the FY 2022/2023 allocation to the City within 45 days.
ATTACHMENT
Addendum No. 2 to Agreement File No. 887 ........................................................................ 3
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Regional Program
Agreement No. 2020RPLSGR02
Addendum No. 2
ADDENDUM NO. 2 TO
TRANSFER AGREEMENT NO. 2020RPLSGR02 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
CITY OF BELLFLOWER
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Addendum No. 2 to Transfer Agreement No. 2020RPLSGR02, hereinafter referred to as “Addendum No. 2”, is entered into as of November 21, 2022 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Bellflower for Caruthers Park, hereinafter referred to as "Recipient." WHEREAS, District and Recipient entered into Transfer Agreement No. 2020RPLSGR02, hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on April 6, 2021;
WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the 2022-23 Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Sto rmwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year 2022-23;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. 2.
2. The District shall disburse the SCW Program Contribution for the 2022-23 Fiscal Year as described in the Budget Plan within forty-five (45) days of the execution of this Addendum by the last party to sign.
3. All terms and conditions of the Agreement shall remain in full force and effect, including, but not limited to the following provisions related to compliance with the California Environmental Quality Act (CEQA):
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Regional Program
Agreement No. 2020RPLSGR02
Addendum No. 2
Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronica lly, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of “original” versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknow ledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. -4-
Regional Program
Agreement No. 2020RPLSGR02
Addendum No. 2
IN WITNESS WHEREOF, this Addendum No. 2 has been executed by the parties hereto.
Lower San Gabriel River:
City of Bellflower
Caruthers Park
By: ____________________________________
Name:
Title:
Date: __________________________________
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Regional Program
Agreement No. 2020RPLSGR02
Addendum No. 2
IN WITNESS WHEREOF, this Addendum No. 2 has been executed by the parties hereto.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name: Carolina T Hernandez
Title: Assistant Deputy Director
For: Mark Pestrella
Date: __________________________________
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