AGENDA REPORT
Meeting Date: January 23, 2024
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Josette Descalzo, Environmental Compliance and Sustainability Programs Manager
Subject: MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS
ANGELES AND THE COUNTY OF LOS ANGELES, THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE
CITIES OF BEVERLY HILLS, CULVER CITY, INGLEWOOD, AND
WEST HOLLYWOOD REGARDING THE COST SHARING AND
IMPLEMENTATION OF THE BALLONA CREEK BACTERIA TMDL
PROJECT
Attachments: 1. Memorandum of Agreement
RECOMMENDATION
Staff recommends City Council move to approve the Memorandum of Agreement (MOA) between the City of Los Angeles and the County of Los Angeles, the Los Angeles County Flood Control District, and the cities of Beverly Hills, Culver City, Inglewood, and West Hollywood for the cost sharing and implementation of the Ballona Creek Bacteria Total Maximum Daily Limit (TMDL) project. Staff also recommends authorization for the City Manager to carry out the requirements within the MOA. The amount of the MOA attributable to the City of Beverly Hills is not to exceed $3,754,409.09.
INTRODUCTION
The City of Beverly Hills is part of the Ballona Creek Watershed Management Group (BCWMG). The BC-WMG is comprised of the County of Los Angeles, Los Angeles County Flood Control District, and the Cities of Los Angeles, Beverly Hills, Culver City, Inglewood, Santa Monica and West Hollywood. The BC-WMG administers regional stormwater requirements identified with the 2021 Municipal Separate Storm Sewer System (MS4) Permit issued by the Regional Water Quality Control Board. Implementation of the TMDL projects is essential to comply with the objectives of the 2021 MS4 Permit. These projects include low flow treatment facilities in the City of Los Angeles and the Mesmer Low Flow Diversion project in Culver City.
Meeting Date: January 23, 2024
To meet these requirements, BC-WMG agencies agree to a cost-sharing MOA that provides funding to the lead agency, the City of Los Angeles, to lead the construction of the TMDL Projects. All other BC-WMG agencies except Beverly Hills have approved the MOA.
By approving the MOA, the City of Beverly Hills is committing to share costs in the amount of $3,754,409.09 for the construction of the TMDL projects.
DISCUSSION
On December 28, 2012, the Los Angeles County Municipal Separate Storm Sewer System Permit (MS4 Permit) became effective in accordance with the Clean Water Act. The Los Angeles MS4 Permit covers the unincorporated areas of Los Angeles County, the Los Angeles Flood Control District and the 84 cities within Los Angeles County, including Beverly Hills. As an approach to meet regional compliance requirements, the City of Beverly Hills is a member of the Ballona Creek Watershed Management Group (BCWMG). The BC-WMG is comprised of Culver City, County of Los Angeles, the Los Angeles Flood Control District (LACFCD), and the Cities of Los Angeles, Beverly Hills, West Hollywood, Inglewood and Santa Monica. The City of Los Angeles serves as the lead agency because it comprises 84% of the drainage area to Ballona Creek.
In June 2006, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted a Basin Plan Amendment establishing the Ballona Creek, Ballona Estuary, and Sepulveda Channel Bacteria TMDL to set numeric limits on the bacteria levels in, and discharged to, the Ballona Creek Watershed during dry weather (non-rainy season) and wet weather (rainy season). The Bacteria TMDL became effective in May 2008, was amended in June 2012 and became effective in July 2014. The requirements of the Bacteria TMDL were incorporated into the 2012 MS4 Permit and retained in the 2021 MS4 Permit. These requirements include numerical water quality limits for both dry- and wetweather conditions. The final date to attain compliance for dry-weather conditions was on April 2, 2013.
The BC-WMG anticipated that additional time would be necessary to comply with the Bacteria TMDL during dry weather and requested and was granted a Time Schedule Order (TSO) by the Regional Board. A TSO provided interim limits that were achievable while the group constructed the low flow projects. The TSO (Order No. R4-2015-0108) was in effect from May 14, 2015 to December 15, 2019 to implement the Ballona Creek TMDL project. The BC-WMG requested an extension of the TSO in order to provide additional time to complete the projects, but the Regional Board recently denied the TSO.
The City of LA has appealed that decision to the State Water Board on behalf of all of the BC-WMG members. The State Water Board has received the appeal but has yet to resolve the appeal. Nevertheless, the group intends to complete the projects in order to achieve compliance with the final limits in the TMDL.
Due to the complexity of the facilities and requirements for federal, state and local permits, three treatment facilities were necessary to be constructed to meet the pollutant limits in the TMDL – Low Flow Treatment Facility (LFTF-1), Low Flow Treatment Facility 2 (LFTF2) and the Mesmer Low Flow Diversion. Once constructed, these projects will divert dryweather runoff to the sewer for recycling at Hyperion Water Treatment Plant and reduce bacteria levels in Ballona Creek.
Meeting Date: January 23, 2024
The total cost for the three projects, including planning and permitting, is $95,903,285.55.
The BC-WMG secured external funding from the Safe Clean Water Program, Department of Water Resource Proposition 1 Grant and Caltrans Cooperative Implementation Agreement Funds, totaling $18,287,847, which was applied to each project and applied proportionally to each agency. The BC-WMG will continue to seek additional external funding sources to reduce the cost-sharing costs for the agencies. The MOA will be amended accordingly to include changes in cost-sharing for new external funding sources, changes in the TSO status and clarifying language in the agreement. The remainder of cost sharing for the TMDL projects is $77,615,438.55. Table 1 provides a detailed cost breakdown for each facility.
Table 1 – TMDL Project Cost Breakdown
Facility Expenditure
External
Funding Source
Contribution
Remainder for
Cost Sharing
LFTF-1 $64,476,326.55 $13,610,846.15 $50,865,480.40
LFTF-2 $28,209,000.00 $2,889,153.85 $25,319,846.15
Mesmer Low Flow Diversion $2,103,192.00 $1,787,847.00 $315,345.00 Planning/Feasibility/Permitting
for All Projects $1,114,767.00 $1,114,767.00
Total $95,903,285.55 $18,287,847.00 $77,615,438.55
The cost-sharing responsibility for each agency is calculated by applying the following for each facility:
1. Agency’s drainage area (rounded percentage) for each treatment facility
2. Agency’s cost-sharing cost for planning/feasibility and permitting
3. If any, deduct agency’s external contribution
4. A five percent (5%) administrative fee, with the exception of the City of Los Angeles who is administering the three TMDL projects.
The City of Beverly Hills’s drainage area is 6.92% (rounded percentage) of the overall drainage for LFTF-1. The total cost summary for LFTF-1 is $52,323,835.49. The City doesn’t drain to either LFTF-2 or Mesmer Low Flow Diversion, and, therefore, no cost is associated with these facilities. As a result, the City’s total cost-sharing responsibility for the TMDL project is $3,754,409.09. Table 2 provides a detailed cost for agencies, including Beverly Hills, draining to LFTF-1. Cost-sharing payments to the City of Los Angeles will be equally divided for FY23/24 and FY24/25.
Table 2: LFTF-1 Cost Summary
Agency
Rounded
Percentage
Total
Contribution
to Project
Planning/
Feasibility/
Permitting Sub-Total
5% Admin
Fee Total
City of Los
Angeles 86.84% $ 44,170,465.67 $ 938,020.25 $ 45,108,485.92 N/A $ 45,108,485.92 City of Beverly
Hills 6.92% $ 3,518,483.02 $ 57,144.68 $ 3,575,627.70 $ 178,781.39 $ 3,754,409.09 City of West
Hollywood 2.29% $ 1,164,786.97 $ 18,917.64 $ 1,183,704.60 $ 59,185.23 $ 1,242,889.83 City of
Inglewood 0.71% $ 359,706.27 $ 30,142.88 $ 389,849.14 $ 19,492.46 $ 409,341.60 City of Culver
City 1.67% $ 850,987.76 $ 28,881.17 $ 879,868.93 $ 43,993.45 $ 923,862.38 Meeting Date: January 23, 2024
Table 2: LFTF-1 Cost Summary
Unincorporated
LA County 1.57% $ 801,050.73 $ 41,660.38 $ 842,711.11 $ 42,135.56 $ 884,846.67 Total 100.00% $ 50,865,480.42 $ 1,114,767.00 $ 51,980,247.40 $ 343,588.09 $52,323,835.49
FISCAL IMPACT
The City’s total cost-sharing responsibility for the TMDL project is $3,754,409.09.
Payments will be divided between FY23/24 and FY24/25 in the amount of $1,877,204.54 per year. The City has budgeted for this cost during the FY23/24 budget planning under CIP 270, Ballona Creek MS4 Compliance. CIP 270 has available funding of $2.5M for FY23/24, and $2.5M is in the current CIP plan for FY24/25.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
1 MEMORANDUM OF AGREEMENT
between
THE CITY OF LOS ANGELES
and
THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT, AND THE CITIES OF BEVERLY HILLS, CULVER CITY, INGLEWOOD, AND
WEST HOLLYWOOD
regarding the
COST SHARING AND IMPLEMENTATION OF THE BALLONA CREEK BACTERIA
TMDL PROJECT
This Memorandum of Agreement (“Agreement”) is made and entered into as of the earlier of June 30, 2023 or date of the last signature set forth below by and between: the City of Los Angeles, a municipal corporation; the County of Los Angeles, a political subdivision of the State of California; the Los Angeles County Flood Control District (“LACFCD”), a body corporate and politic; the City of Beverly Hills, a municipal corporation; the City of Culver City, a municipal corporation; the City of Inglewood, a municipal corporation; and the City of West Hollywood, a municipal corporation. Collectively, these entities shall be known herein as “Parties” or individually as “Party”.
RECITALS
WHEREAS, the California Regional Water Quality Control Board, Los Angeles Region (“LA Regional Board”) adopted the National Pollutant Discharge Elimination System (“NPDES”) Municipal Separate Storm Sewer System (“MS4”) Permit Order No. R4-2012-0175 (“2012 MS4 Permit”) on November 8, 2012, which was superseded by the Regional Phase I MS4 NPDES Permit Order No. R4-2021-0105 (“2021 Regional Phase I MS4 Permit”); WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012 and requires that the County of Los Angeles, the LACFCD, and 84 of the 88 cities (excluding Long Beach, Avalon, Palmdale, and Lancaster) within Los Angeles County comply with the requirements of the MS4 Permit; and
WHEREAS the 2021 Regional Phase I MS4 Permit became effective on September 11, 2021 and requires that the County of Los Angeles, LACFCD, 85 incorporated cities within the coastal watersheds of Los Angeles County, Ventura County Watershed Protection District, County of Ventura, and 10 incorporated cities within Ventura County are subject to waste discharge requirements for their municipal separate storm sewer system (“MS4”) discharges originating from within their jurisdictional boundaries composed of stormwater and non-stormwater; 2 WHEREAS, the 2012 MS4 Permit and 2021 Regional Phase I MS4 Permit identified the Parties as responsible for compliance with the MS4 Permit requirements pertaining to the Ballona Creek Watershed in the Santa Monica Bay Watershed Management Area; and WHEREAS, the City of Los Angeles (“City”), on behalf of the Parties, submitted a letter to the LA Regional Board on February 3, 2022 that requested an extension to the Time Schedule Order (“TSO”) to implement the dry weather bacteria limitations applicable to the Ballona Creek Watershed as set forth in the 2012 MS4 Permit and 2021 Regional Phase I MS4 Permit; and WHEREAS, the LA Regional Board granted the Parties the TSO No. R4-2015-0108 that became effective upon the adoption date of May 14, 2015; and
WHEREAS, the Parties submitted a Pollution Prevention Plan (“PPP”) which was approved by the LA Regional Board on March 18, 2016 which outlined LFTF-1, LFTF-2, and the Mesmer Low Flow Diversion as the planned compliance solutions; and WHEREAS, the City of Los Angeles led the overall regulatory requirements, environmental review, and permitting for the three proposed facilities; and WHEREAS, the City of Los Angeles led the design and construction of Low Flow Treatment Facility #1 (“LFTF-1”) and Low Flow Treatment Facility #2 (“LFTF-2”); and WHEREAS, the City of Culver City led the design and construction of the Mesmer Low Flow Diversion; and
WHEREAS, the Cities of Los Angeles and Culver City will henceforth be referred to as the “Project Implementers” of their respective scope; and
WHEREAS, all Parties have a robust history of collaborating on watershed-wide water quality and regulatory efforts, punctuated by monthly meetings dating back to 2013, and the approval and implementation of the Ballona Creek Enhanced Watershed Management Program and the Ballona Creek Coordinated Integrated Monitoring Program; and
WHEREAS, all Parties are committed to pursuing opportunities to enhance water quality, increase local water supply, and provide numerous benefits to the watershed’s communities; and WHEREAS, the three unique facilities known as LFTF-1, LFTF-2 and the Mesmer Low Flow Diversion are collectively known as the Ballona Creek Bacteria TMDL Project (“Project”) and will be implemented with the background, scope, budget, funding, and timeline as outlined in Section 1 of this agreement to achieve compliance with TSO No. R4-2015-0108, the 2012 MS4 Permit, and 2021 Regional Phase I MS4 Permit; and
3 WHEREAS, the Project Implementers, through multiple funding sources, have front-funded several years of Project development and agree to front-fund the remaining Project costs for Project management, engineering design, permits, construction management, and construction, as outlined in Exhibit A.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:
SECTION 1. PROJECT INFORMATION
A. Background
In June 2006, the Los Angeles Regional Water Quality Control Board adopted a Basin Plan Amendment establishing the Ballona Creek, Ballona Estuary, and Sepulveda Channel Bacteria Total Maximum Daily Load (TMDL). The Bacteria TMDL became effective in May 2008. The Bacteria TMDL was amended in June 2012 and the amendment became effective in July 2014.
The requirements of the Bacteria TMDL were incorporated into the 2012 MS4 Permit and retained in the 2021 Regional Phase I MS4 Permit. These requirements include receiving water limitations (RWLs) based on the TMDL targets, water quality-based effluent limitations (WQBELs) based on the TMDL waste load allocations (WLAs), as well as a schedule to attain the RWLs and WQBELs.
The final compliance date to attain the RWLs and the WQBELs during dry weather was April 2, 2013. The Cities of Los Angeles, Beverly Hills, Culver City, Inglewood, and West Hollywood, the County of Los Angeles and LACFCD anticipated that additional time would be necessary to comply with bacteria WQBELs and RWLs during dry weather as set forth in the MS4 Permit, and requested and were granted a Time Schedule Order (TSO) by the Regional Board. The TSO (Order No. R4-2015-0108) is effective from May 14, 2015, to December 15, 2019, to implement three regional facilities: LFTF-1, LFTF-2, and the Mesmer Low Flow Diversion.
Due to the complexity of the facilities and multiple permit requirements that involve Federal, State, and local levels, the Parties are currently in negotiations with the LA Regional Board to obtain an extension of the TSO deadline to allow for the completion of the Project according to the Project schedule.
The purpose and need of the proposed Project is to meet the dry weather Bacteria TMDL targets for Fresh Waters Designated for Limited Water Contact Recreation (LREC) presented below:
1. Geometric Mean Limits: E. coli density shall not exceed 126 MPN/100 mL.
2. Single Sample Limits: E. coli density shall not exceed 576 MPN/100 mL.
The Bacteria TMDL defines dry weather flow in Ballona Creek as the flow in the creek on days with no or less than 0.1 inch of rain at least three days after a rain event. As noted above, the Parties 4 plan to comply with the dry weather Bacteria TMDL requirements through the development of the following three facilities:
1. LFTF-1 at Ballona Creek led by the City of Los Angeles.
2. LFTF-2 at Sepulveda Channel led by the City of Los Angeles.
3. Mesmer Low Flow Diversion at Centinela Creek led by the City of Culver City.
B. Location and Scope
I. Low Flow Treatment Facility 1 (LFTF-1) is located along the Ballona Creek main stem, one block north of the intersection of Jefferson Boulevard and Raintree Circle at the City of Los Angeles’s North Outfall Treatment Facility (NOTF) located at 10201 Jefferson Blvd. in the City of Culver City. The facility will retrofit the NOTF, which was originally designed for discharging sewer overflows (after treatment) into Ballona Creek. The NOTF has been abandoned for over 20 years as the local sewer conveyance system has been upgraded, and it will now be repurposed to improve the water quality in Ballona Creek.
Proposed facility components include:
● Saw-cut channel across Ballona Creek for diversion of dry weather runoff. ● Lift station with five pumps with a maximum design capacity of 29 million gallons per day (mgd).
● Ozonation facility for disinfection of 6 mgd (disinfection target: reduce E. coli from 10,000 Most Probable Number per 100 milliliters (MPN/100 mL) to less than 50 MPN/100 mL).
Ozone will be generated onsite and does not require transport of chemicals. Disinfected water will be returned to Ballona Creek to assist in bacteria standards downstream of the facility being met.
● Diversion connection to the North Outfall Sewer (NOS) to convey a maximum of 23 mgd to the Hyperion Water Reclamation Plant.
II. Low Flow Treatment Facility 2 (LFTF-2) is located along Sepulveda Channel, next to its intersection with Culver Boulevard, at an existing water quality monitoring facility in the City of Los Angeles. A new facility is being proposed for disinfection of all dry weather flow in this channel.
Proposed facility components include:
● Saw-cut channel across Sepulveda Channel for diversion of dry weather runoff. ● Lift station with two pumps with a maximum design capacity of 1.3 mgd. ● Ozonation facility for disinfection of up to 1.3 mgd (disinfection target: reduce E. coli from 10,000 MPN/100 mL to less than 50 MPN/100 mL). Ozone will be generated onsite and does not require transport of chemicals.
5 ● Outlet for returning disinfected flow to Sepulveda Channel. Disinfected water will be returned to Sepulveda Channel to assist in bacteria standards downstream of the facility being met. There will be no diversion to the sewer system because of sewer conveyance constraints at this location.
III. The Mesmer Low Flow Diversion is located along Centinela Creek, near its intersection with Jefferson Boulevard, and involves repurposing the existing Mesmer pump station located adjacent to Centinela Creek to service dry weather runoff instead of wastewater.
Proposed facility components include:
● Small diversion berm and grate inlet in the low flow portion of the channel ● A diversion pipe installed using trenchless methods to convey dry weather flow to the pump station
● Retrofit the Mesmer pump station to convey up to 0.96 mgd of dry weather flow to the sewer.
A map of the three facilities and their associated drainage areas in the Ballona Creek Watershed is in Exhibit C.
C. Budget and Funding
As a regional, watershed-wide Project, made up of three individual facilities, the Ballona Creek Bacteria TMDL Project incurs expenditures associated with the construction of each individual facility as well as combined regulatory requirements such as permitting and environmental review.
These facility costs and shared Project costs are shown in Exhibit A. The Parties have agreed to split all facility hard costs based on land area within each facilities’ drainage area and split shared regulatory Project costs per land area within the Ballona Creek Watershed overall, except for the contribution by the LACFCD. The LACFCD is a named Project partner but will not contribute based on land area per its negligible footprint within the watershed. The LACFCD, however, has provided significant support receiving various required permits and covered several permitting fees. In addition, the LACFCD has committed to contributing $1,500,000.00 towards the completion of Low Flow Treatment Facility #1. These supplemental funds are reflected in Exhibit A. Land area percentages are shown in Exhibit A.
The Cities of Los Angeles and Culver City have applied for funds, on behalf of all Parties, from the Safe, Clean Water Program. The City of Los Angeles was awarded $15 million dollars towards Low Flow Treatment Facilities #1 and #2. The City of Culver City’s Mesmer Low Flow Diversion was awarded $950,000.00 towards the Mesmer Low Flow Diversion. These supplemental funds are reflected in Exhibit A. Additionally, the City of Culver City was awarded $607,847 in Proposition 1 Round 1 Integrated Regional Water Management (IRWM) Implementation Grant funds, and $230,000 from Caltrans in Cooperative Implementation Agreement grant funds. 6 D. Schedule
1. Low Flow Treatment Facility #1 is expected to be constructed by June 2025.
2. Low Flow Treatment Facility #2 is expected to be constructed by June 2025.
3. The Mesmer Low Flow Diversion is expected to be constructed by July 2023.
SECTION 2. AGREEMENT OF THE PARTIES
A. The Parties agree to cooperatively finance the planning, design, and construction of three regional facilities: LFTF-1, LFTF-2, and the Mesmer Low Flow Diversion.
B. The Parties shall fully cooperate with one another to attain the purposes of this Agreement.
C. This Agreement shall become effective on the earlier of June 30, 2023 or the date of final execution by the Parties and it shall remain and continue in effect until eighteen months after Project completion.
D. The Parties agree that any substantiated costs incurred by the Project Implementers prior to the execution date of this Agreement shall be cost-shared under this Agreement according to the amounts specified in Exhibit A.
E. The Project Implementers agree to complete the following tasks, if each task has not already completed at the time of Agreement execution:
1. Complete 100 percent design plans and specifications for each Project Implementer’s respective facility/ies:
a. For the City of Los Angeles, Low Flow Treatment Facilities #1 and #2 b. For the City of Culver City, Mesmer Low Flow Diversion
2. As to each Project Implementer’s respective facility/ies, complete the environmental documentation and obtain necessary approvals in compliance with the California Environmental Quality Act (CEQA) for that/those facility/ies and acquire all necessary permits These permits include the Clean Water Act Section 401 Water Quality Certification, the Clean Water Act Section 404 Permits, Los Angeles County Flood Control District Permits, River and Harbors Act Section 408 Permits, and Section 1602 Permit from the California Department of Fish and Wildlife.
3. As to each Project Implementer’s respective facility/ies, advertise the facility/ies for construction bids, to award and administer the construction contract(s) and to cause the facility/ies to be constructed in accordance with the said plans and specifications. 7 4. Use other Parties’ funds solely for costs of services rendered for work called for by Agreement. These funds shall be used for direct Project administration, planning, design, engineering, and construction associated with the development of plans, designs, and specifications described by Agreement.
5. Make changes or modifications to the plans and specifications for the Project as necessitated by unforeseen or unforeseeable conditions encountered during final design and/or construction and to consult with all other Parties on any fundamental design changes.
6. Upon approval of the Agreement by the other Parties, prepare and send invoice(s) for the funds as described in Exhibit A in January of each appropriate fiscal year.
7. Project Implementers agree to calculate and invoice additional Project costs that have been discussed and deemed reasonable and necessary by the Parties for Project completion. The Project Implementers will charge a 5% administrative fee to the subtotal for each Party, except for that of the LACFCD, as shown in Tables F1 and F2 of Exhibit A for administration and reporting related to SCWP and other potential shared funding sources, permitting, and other administrative tasks.
8. Submit a reimbursement(s) to other Parties of any unused funds within 120 calendar days after expiration/termination of this Agreement.
9. The Project Implementers shall provide all Parties with copies of all progress and expenditure reports, as well as all quarterly and annual reports that are required to be submitted to the Los Angeles County Flood Control District for Safe, Clean Water Program funding. Such reports shall be provided within 5 working days after submission to the Safe, Clean Water Program.
10. Use generally acceptable accounting practices applicable to public agencies to account for, transfer, and reimburse funds deposited for Project.
11. Upon request, provide construction documents and specifications to other Parties’ staff for review.
12. Acknowledge all other Parties as Project partners in all material, publications, press releases, signage, and communications related to the Project.
13. Each Project Implementer will indemnify and hold other Parties and their governing board, officers, employees, and agents harmless from and against any claims, demands, liability, damages, fines, costs and expenses, including, without limitation, attorney fees and costs of litigation and claims involving bodily injury, death or personal injury of any person or property damage of any nature whatsoever, including any environmental damage or harm, arising out of any gross negligence or willful misconduct on the part of that Project Implementer in connection 8 with the Project Implementer’s responsibilities under this Agreement. The provisions of this Section 2.E.13 shall survive expiration or termination of this Agreement.
F. All other Parties agree to:
1. Finance the Project Implementers for costs associated with the implementation of the Project, up to a maximum amount described in Tables H1 and H2 of Exhibit A.
2. Upon approval of this Agreement by all Parties, to pay the Project Implementers the allocated invoice amounts in Tables H1 and H2 of Exhibit A, for the Project; which will be paid in two payments. The invoices will be sent in January of each appropriate fiscal year, after execution of this Agreement. Payments will be sent within 90 days of receipt of invoices from the Project Implementers.
3. Participate in Project meetings, make decisions, provide technical assistance, and provide directions to the City of Los Angeles regarding the Project in a timely manner; however, the Project Implementers’ determination regarding the Project will be considered as final.
4. The Contract Administrator for each Party will be the signatory on this Agreement and/or his/her appropriate and appointed designee as shown in Exhibit B.
5. To acknowledge every Project Partner in all material, publications, press releases, signage, and communications relating to the Project.
6. All other Parties will indemnify and hold the Project Implementers and their respective governing board, officers, employees, and agents harmless from and against any claims, demands, liability, damages, fines, costs and expenses, including, without limitation, attorney fees and costs of litigation and claims involving bodily injury, death or personal injury of any person or property damage of any nature whatsoever, including any environmental damage or harm, arising out of any gross negligence or willful misconduct on the part of that Party in connection with the Party’s responsibilities under this agreement. The provisions of this Section 2.F.6 shall survive expiration or termination of this Agreement.
G. All Parties Mutually Understand and Agree:
1. This Agreement may be executed in separate parts by Parties. This Agreement shall become effective on the date of final execution by the Parties and it shall remain and continue in effect until eighteen months after Project completion, unless extended or sooner terminated by mutual written agreement by all Parties. All work described in Section 1, shall be completed by the expiration of this Agreement.
9 2. The Project Implementers shall have the right to reject all bids after notifying all Parties and may re-advertise the Project if the Project Implementers deem such action to be in the best interests of the group.
3. The design, construction, and Project management for Project will be performed in accordance with said plans and specifications following the City of Los Angeles and City of Culver City’s standards and practices current as of the date of performance.
4. Each Party shall have no additional financial obligation to the other party under this Agreement, except as herein expressly provided.
5. The Project will have a projected useful service life of 50 years.
6. In determining the amount of each Parties’ contribution described in Exhibit A, the actual implementation costs for Project, and therefore each Parties’ portion thereof, shall be proportionally reduced by the amount of Regional Safe Clean Water Program funding for the implementation of Project that are secured by the Project Implementers on behalf of all Parties (if any).
7. This Agreement may be modified only by mutual written consent of all Parties.
Adjustments of a non-material or typographical nature that do not require amendment to this Agreement may be made by the mutual written consent of all Contract Administrators or their delegates.
8. This Agreement shall be governed, interpreted under, construed, and enforced in accordance with the laws of the State of California.
9. If any provision of this Agreement 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 shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Agreement.
10. All Parties have been represented by counsel in the preparation and negotiation of this Agreement and this Agreement shall be deemed drafted and construed by all Parties so as to not be construed against any of them if deemed ambiguous.
11. All Parties shall be required to make staff reasonably available, if requested, to participate and provide input at scheduled meetings, design workshops, community meetings and workshops, construction meetings, etc. for the Project.
12. Upon completion of the Project, the Project Implementers will assume ownership of their respective Project facilities and become responsible for their proper operation and 10 maintenance for the service life of those facilities. The Parties expect to implement a separate Agreement regarding the operation and maintenance costs of these facilities.
13. Any Party may exit the Agreement by giving the other Parties 90 calendar days written notice by certified mail with return receipt requested. In the event of exit by any Party, that Party no longer will have the compliance coverage associated with the facilities, which have been designed to meet water quality objectives of the MS4 Permit, TMDL, and Time Schedule Order from the date of the exit forward. All Parties shall be responsible for any reasonable and noncancelable obligation incurred in the performance of Agreement until the date of the notice to exit, but only up to the unpaid balance of funding authorized under Agreement. Any resulting shortfall following any Party’s exit will be shared equally by the remaining Parties to this Agreement.
14. In the event that performance on the part of any Party hereto is delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said Party, none of the Parties shall incur any liability to the other Parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the Parties hereunder include, but are not limited to, acts of God or of the public enemy; insurrection; acts of the Federal government or any unit of State or local government in either sovereign or contractual capacity; fires; floods; earthquakes; pandemics; epidemics; quarantine restrictions; strikes; freight embargoes or delays in transportation, to the extent that they are not caused by the Parties willful or negligent acts or omission, and to the extent that they are beyond the Party's reasonable control.
15. The provisions of this Section 2.G shall survive expiration or termination of this Agreement.
SECTION 3. NOTICES
All notices, demands, or requests shall be addressed to the contact information indicated in Exhibit B.
SECTION 4. COMPLETE AGREEMENT
This Agreement contains the full and complete Agreement between the Parties related to the Project. No verbal agreement or conversation with any officer or employee of any Party shall affect or modify any of the terms and conditions of this Agreement.
SECTION 5. EXECUTION
11 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows:
12 CITY OF LOS ANGELES
Date:_______________________ By:______________________________ Aura Garcia, President
Board of Public Works
Date:_______________________ By:______________________________ Barbara Romero, General Manager/ Director
LA Sanitation and Environment
ATTEST:
By:______________________________
Holly L. Wolcot
City Clerk
APPROVED AS TO FORM:
By:______________________________
Adena M Hopenstand
Deputy City Attorney
CITY OF BEYERL Y HILLS
Date: ----------
ATTEST:
By: ___________ _
HumaAhmed
City Clerk
APPROVED AS TO FORM:
By: ___________ _
Laurence S. Wiener
City Attorney
By: -------------
Julian A. Gold M.D.
Mayor of the City of
Beverly Hills, CA
APPROVED AS TO CONTENT:
By: ___________ _
Nancy Hunt-Coffey
City Manager
Director of Public Works
13 14
CITY OF CULVER CITY
Date:_______________________ By:______________________________ John Nachbar
City Manager
APPROVED AS TO CONTENT:
By:______________________________
Yanni Demitri,
Public Works Director
APPROVED AS TO FINANCING:
By:______________________________
Lisa Soghor
Chief Financial Officer
APPROVED AS TO FORM:
By:______________________________
Heather Baker
City Attorney
15 CITY OF INGLEWOOD
Date:_______________________ By:______________________________ James T. Butts, Jr.
Mayor
ATTEST:
By:______________________________
Aisha L. Thompson
City Clerk
APPROVED AS TO FORM:
By:______________________________
Kenneth R. Campos
City Attorney
16 CITY OF WEST HOLLYWOOD
Date:_______________________ By:______________________________ David Wilson
City Manager
ATTEST:
By:______________________________
Melissa Crowder
City Clerk
APPROVED AS TO FORM:
By:______________________________
Lauren Langer
City Attorney
17 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
Date:_______________________ By:______________________________ Mark Pestrella
Director of Public Works
APPROVED AS TO FORM:
Dawyn R. Harrison
Interim County Counsel
Date:_______________________ By:______________________________ Grace V. Chang, Principal Deputy
18 UNINCORPORATED COUNTY OF LOS ANGELES
Date:_______________________ By:______________________________ Mark Pestrella
Director of Public Works
APPROVED AS TO FORM:
Dawyn R. Harrison
Interim County Counsel
Date:_______________________ By:______________________________ Grace V. Chang, Principal Deputy
19 EXHIBIT A
Total Cost-Sharing and Invoicing for the Ballona Creek Bacteria TMDL Project Section A - Cost Sharing Plan for Initial, Environmental, and Permitting Expenditures for the Ballona Creek Bacteria TMDL Project (all 3 Facilities).
Table A1. Initial, Environmental, and Permitting Expenditures for the Ballona Creek Bacteria TMDL Project (all 3 Facilities).
Item Cost
Initial Study $85,192.00
CEQA Process / Draft and Final EIR $350,000.00
401 Permit Application $28,358.00
1602 Permit Application $15,000.00
On Call Consultant Services for Permit Support $591,601.00 Odor and Emissions Study $8,355.00
Ozone Bench Scale Tests $36,261.00
TOTAL: $1,114,767.00
Table A2. External Funding Sources Contributing Towards Initial, Environmental, and Permitting Expenditures for the Ballona Creek Bacteria TMDL Project (all 3 Facilities).
Funding Source Cost
None $0.00
TOTAL: $0.00
Remaining Costs for Cost Sharing: $1,114,767.00
20 Table A3. Drainage Area of Each Partner Agency within the Combined Drainage Area of All Three Facilities.
Agency Acres of Drainage Area Between All Three
Facilities
Rounded Percentage
City of Los Angeles 60,048.73 84.14%
City of Beverly Hills 3,658.20 5.13%
City of West Hollywood 1,211.04 1.70%
City of Inglewood 1,929.64 2.70%
City of Culver City 1,848.87 2.59%
Unincorporated LA County 2,666.95 3.74%
TOTAL: 71,363.43 100.00%
Table A4. Contributions by Partner Agency to the Initial, Environmental, and Permitting Expenditures for the Ballona Creek Bacteria TMDL Project (all 3 Facilities).
Agency Total Contributions to Project Aspect
City of Los Angeles $938,020.25
City of Beverly Hills $57,144.68
City of West Hollywood $18,917.64
City of Inglewood $30,142.88
City of Culver City $28,881.17
Unincorporated LA County $41,660.38
TOTAL: $1,114,767.00
21 Section B - Cost Sharing Plan for Low Flow Treatment Facility #1.
Table B1. Expenditures for Low Flow Treatment Facility #1.
Item Cost
Design and Construction Management Costs $11,599,000.00 Construction Costs $52,874,000.00
Electrical Utility Service $3,326.55
TOTAL: $64,476,326.55
Table B2. External Funding Sources Contributing Towards Low Flow Treatment Facility #1.
Agency Cost
Regional Safe Clean Water Program Funds (reference Table G1) $12,110,846.15 LACFCD Contribution $1,500,000.00
TOTAL: $13,610,846.15
Remaining Costs for Cost Sharing: $50,865,480.40
Table B3. Drainage Area of Each Partner Agency within the Drainage Area of Low Flow Treatment Facility #1.
Agency Acres of Drainage Area of Low Flow
Treatment Facility #1
Rounded Percentage
City of Los Angeles 45,924.45 86.84%
City of Beverly Hills 3,658.20 6.92%
City of West Hollywood 1,211.04 2.29%
City of Inglewood 373.99 0.71%
City of Culver City 884.78 1.67%
Unincorporated LA County 832.86 1.57%
TOTAL: 52,885.32 100.00%
Table B4. Contributions by Partner Agency to the Design and Construction Expenditures for Low Flow Treatment Facility #1.
22 Agency Total Contributions to Project Aspect
City of Los Angeles $44,170,465.67
City of Beverly Hills $3,518,483.02
City of West Hollywood $1,164,786.97
City of Inglewood $359,706.27
City of Culver City $850,987.76
Unincorporated LA County $801,050.73
TOTAL: $50,865,480.40
23 Section C - Cost Sharing Plan for Low Flow Treatment Facility #2.
Table C1. Expenditures for Low Flow Treatment Facility #2.
Item Cost
Design, Construction Management, Geotechnical Testing & Construction Design Support Costs $5,123,000.00 Construction Costs $21,086,000.00
Electrical Utility Service $2,000,000.00
TOTAL: $28,209,000.00
Table C2. External Funding Sources Contributing Towards Low Flow Treatment Facility #2.
Agency Cost
Regional Safe Clean Water Program Funds (reference Table G1) $2,889,153.85 TOTAL: $2,889,153.85
Remaining Costs for Cost Sharing: $25,319,846.15
Table C3. Drainage Area of Each Partner Agency within the Drainage Area for Low Flow Treatment Facility #2.
Agency Acres of Drainage Area of Low Flow
Treatment Facility #2
Rounded Percentage
City of Los Angeles 12,454.79 98.72%
City of Beverly Hills 0.00 0.00%
City of West Hollywood 0.00 0.00%
City of Inglewood 0.00 0.00%
City of Culver City 129.62 1.03%
Unincorporated LA County 31.86 0.25%
TOTAL: 12,616.28 100.00%
Table C4. Contributions by Partner Agency to the Design and Construction Expenditures for Low Flow Treatment Facility #2.
24 Agency Total Contributions to Project Aspect
City of Los Angeles $24,995,748.87
City of Beverly Hills $0.00
City of West Hollywood $0.00
City of Inglewood $0.00
City of Culver City $260,136.78
Unincorporated LA County $63,940.42
TOTAL: $25,319,826.08
25 Section D - Cost Sharing Plan for the Mesmer Low Flow Diversion.
Table D1. Expenditures for the Mesmer Low Flow Diversion.
Item Cost
Design and Construction Management Costs $717,522.00
Construction Costs $1,385,670.00
TOTAL: $2,103,192.00
Table D2. External Funding Sources Contributing Towards the Mesmer Low Flow Diversion.
Agency Cost
Regional Safe Clean Water Program Funds (reference Table G2) $950,000.00 Proposition 1 Round 1 IRWM Funds $607,847.00
Caltrans Cooperative Implementation Agreement Funds $230,000.00 TOTAL: $1,787,847.00
Remaining Costs for Cost Sharing: $315,345.00
Table D3. Drainage Area of Each Partner Agency within the Drainage Area for the Mesmer Low Flow Diversion.
Agency Acres of Drainage Area of the Mesmer
Low Flow Diversion
Round Percentage
City of Los Angeles 1,669.49 28.48%
City of Beverly Hills 0.00 0.00%
City of West Hollywood 0.00 0.00%
City of Inglewood 1,555.66 26.54%
City of Culver City 834.46 14.23%
Unincorporated LA County 1,802.23 30.75%
TOTAL: 5,861.84 100.00%
Table D4. Contributions by Partner Agency to the Design and Construction Expenditures for the Mesmer Low Flow Diversion.
26 Agency Total Contributions to Project Aspect
City of Los Angeles $89,812.30
City of Beverly Hills $0.00
City of West Hollywood $0.00
City of Inglewood $83,688.67
City of Culver City $44,890.82
Unincorporated LA County $96,953.21
TOTAL: $315,345.00
27 Section E - Reconciliation of Subtotals Between the Cities of Los Angeles and Culver City.
Table E1. Reconciliation of Subtotals Between the Cities of Los Angeles and Culver City.
Item Discussion Cost
Initial, Environmental, and Permitting
Expenditures for the Ballona Creek
Bacteria TMDL Project
Amount owed to City of Los Angeles by City of
Culver City.
$28,881.17
Low Flow Treatment Facility #1 Amount owed to City of Los Angeles by City of Culver City.
$850,987.76
Low Flow Treatment Facility #2 Amount owed to City of Los Angeles by City of Culver City.
$260,136.78
Mesmer Low Flow Diversion Amount owed to City of Culver City by City of Los Angeles.
$(89,812.30)
TOTAL: Net subtotal owed to City of Los Angeles by
City of Culver City.
$1,050,193.41
28 Section F - Subtotal of Partner Agency Contributions and Administrative Fees.
Table F1. Subtotal of Partner Agency Contributions and Administrative Fee to the City of Los Angeles.
Agency Subtotal Owed to City of Los
Angeles
Administrative Fee (5%) Total
City of Los Angeles $70,104,234.79 NA $70,104,234.79
City of Beverly Hills $3,575,627.70 $178,791.39 $3,754,409.09 City of West Hollywood $1,183,704.60 $59,185.23 $1,242,889.83 City of Inglewood $389,849.14 $19,492.46 $409,341.60
City of Culver City $1,050,193.41 $52,509.67 $1,102,703.08 Unincorporated LA County $906,651.53 $45,332.58 $951,984.11 Table F2. Subtotal of Partner Agency Contributions and Administrative Fee to the City of Culver City.
Agency Subtotal Owed to City of
Culver City
Administrative Fee (5%) Total
City of Los Angeles $0.00 $0.00 $0.00
City of Beverly Hills $0.00 $0.00 $0.00
City of West Hollywood $0.00 $0.00 $0.00
City of Inglewood $83,688.67 $4,184.63 $87,873.11
City of Culver City $44,890.82 NA $44,890.82
Unincorporated LA County $96,953.21 $4,847.66 $101,800.87 29 Section G - Division of Regional Safe Clean Water Program Funding.
Table G1. Division of the City of Los Angeles’ Regional Safe Clean Water Program Funding Award. (Awarded Round 2 in the Central Santa Monica Bay Watershed Area) Facility Drainage Area (Acre) Percent of Total Drainage Area
Allocated Measure W Funds
Low Flow Treatment Facility #1 52,885.32 80.74% $12,110,846.15 Low Flow Treatment Facility #2 12,616.28 19.26% $2,889,153.85 TOTAL: 65,501.60 100.00% $15,000,000.00
Table G2. Division of the City of Culver City’s Regional Safe Clean Water Program Funding Award. (Awarded Round 1 in the Central Santa Monica Bay Watershed Area) Facility Drainage Area (Acre) Percent of Total Drainage Area
Allocated Measure W Funds
Mesmer Low Flow Diversion 5,861.81 100.00% $950,000
TOTAL: 5,861.81 100.00% $950,000
30 Section H - Final Invoicing.
Table H1. Final Invoicing Due to the City of Los Angeles.
Agency Fiscal Year 23/24 Fiscal Year 24/25 Total
City of Los Angeles NA NA NA
City of Beverly Hills $1,877,204.55 $1,877,204.54 $3,754,409.09 City of West Hollywood $621,444.92 $621,444.91 $1,242,889.83 City of Inglewood $204,670.80 $204,670.80 $409,341.60
City of Culver City $551,351.54 $551,351.54 $1,102,703.08 Unincorporated LA County $475,992.06 $475,992.05 $951,984.11 LACFCD $1,500,000.00 $0.00 $1,500,000.00
Table H2. Final Invoicing Due to the City of Culver City.
Agency Fiscal Year 23/24 Fiscal Year 24/25 Total
City of Los Angeles NA NA NA
City of Beverly Hills NA NA NA
City of West Hollywood NA NA NA
City of Inglewood $43,936.56 $43,936.55 $87,873.11
City of Culver City NA NA NA
Unincorporated LA County $50,900.44 $50,900.43 $101,800.87 31 EXHIBIT B
Ballona Creek Watershed Agency Representatives
1. City of Los Angeles
Watershed Protection Division
1149 South Broadway Blvd. Los Angeles, CA 90015
Mail Stop: 1149-756
Party Representative: W. Susie Santilena
[email protected]
Phone No.: (213) 485-0526
Fax: (213) 485-3939
2. County of Los Angeles,
Department of Public Works
Stormwater Quality Division, Building A-9 East, 1st Floor 1000 South Fremont Ave. Alhambra, CA 91803-1331
Party Representative: Mark A. Lombos, Assistant Deputy Director [email protected]
Phone No.: (626) 300-4665
Fax: (626) 300-4620
3. Los Angeles County Flood Control District Department Department of Public Works
Stormwater Quality Division, Building A-9 East, 1st Floor 1000 South Fremont Ave. Alhambra, CA 91803-1331
Party Representative: Mark A. Lombos, Assistant Deputy Director [email protected]
Phone No.: (626) 300-4665
Fax: (626) 300-4620
4. City of Beverly Hills
Environmental Compliance and Sustainability Programs
345 Foothill Rd. Beverly Hill, CA 90210
Party Representative: Josette Descalzo
[email protected]
Phone No.: (310) 285-2554
Fax: (310) 278-1838
32 5. City of Culver City
9770 Culver Blvd. 2nd Floor, Culver City, CA 90232-0507 Party Representative: Sean Singletary, Environmental Programs & Operations Manager [email protected]
Phone No.: (310) 253-6457
Fax: (310) 253-5626
6. City of Inglewood
Public Works Department
1 Manchester Blvd. Inglewood, CA 90301
Party Representative: Louis A. Atwell, PE, PW Director and Thomas C. Lee, PE, Principal Engineer
[email protected] and [email protected] Phone No.: (310) 412-5333
Fax: (310) 412-5552
7. City of West Hollywood
Department of Transportation and Public Works
8300 Santa Monica Blvd. West Hollywood, CA 90069-6216
Party Representative: Matthew W. Magener, Environmental Programs Coordinator [email protected]
Phone No.: (323) 848-6894
33 EXHIBIT C
Regional Map of Ballona Creek Watershed and Three Facility Locations
' I l M '
Pacific
Palisades
LEGEND
C] Ballona Creek Watershed
D City Boundaries
Drainage Areas
LFTF-1
LFTF-2
MESMER
BC TMDL PROJECTS
Drainage Area Acres
LFTF-1 52,885.32
LFTF-2 12,616.28
MESM ER 5,861.84
Total Acres 71,363.43
0 0.5 !Miles
-==:J
- ~ Beverly Blvd
W 3rd St Cit:t of
Los Angeles
W Jefferson Blvd
Cienega
BALLONA CREEK WATERSHED TMDL
Project Drainage Areas
LA
County
lor-:id
Mcunt
.Vash nqt n
" 110
Boyle Hei
Vernon 9