Marina del Rey Watershed MOA
MEMORANDUM OF AGREEMENT
BETWEEN THE COUNTY OF LOS ANGELES,
THE CITIES OF CULVER CITY AND LOS ANGELES,
AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING
THE COORDINATED INTEGRATED MONITORING PROGRAM AND
WATERSHED MANAGEMENT PROGRAM
FOR THE MARINA DEL REY WATERSHED
This Memorandum of Agreement (MOA) is made and entered into by and among the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California, CITIES OF CULVER CITY AND LOS ANGELES (CITIES), 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Municipal Separate Storm Sewer System Permit Order No. R4 -2012-0175 on November 8, 2012 (2012 MS4 Permit) , which was superseded by the 2021 Regional Phase I MS4 Permit Order R4-2021-0105 (2021 MS4 Permit or MS4 Permit); and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 Ventur a 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 identifie s the PARTIES as MS4 Permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Marina del Rey (MdR) Watershed Management Area; and
WHEREAS, the PARTIES formed the Marina del Rey Watershed Management Group (MdR WMG) to collaborate on the Coordinated Integrated Monitoring (CIMP) and the Watershed Management Program (WMP) in accordance with the MS4 Permit; and
Marina del Rey Watershed MOA
WHEREAS, the PARTIES entered into a Memorandum of Understanding ( MOU) on December 23, 2013, to collaborate in the development of a CIMP and WMP for the MdR Watershed; and
WHEREAS, the first CIMP was submitted to the REGIONAL BOARD by the PARTIES on June 30, 2014, and was approved by the REGIONAL BOARD on May 23, 2016; and
WHEREAS, a revised CIMP was submitted to the REGIONAL BOARD by the PARTIES on March 9, 2023, and is pending approval by the REGIONAL BOARD; and
WHEREAS, the first WMP was submitted to the REGIONAL BOARD by the PARTIES on June 30, 2015, and was approved by the REGIONAL BOARD on April 27, 2016; and
WHEREAS, a revised WMP was submitted to the REGIONAL BOARD on May 4, 2023, and was approved by the REGIONAL BOARD on August 2, 2023; and
WHEREAS, the PARTIES propose to hire consultants (CONSULTANTS) as set forth in Section 7(a), below, to implement certain requirements of the CIMP and WMP, which for purposes of this MOA, may also include the preparation of reports , tables, charts, and other documentation required by the CIMP and WMP, and any necessary revisions to the CIMP and WMP in compliance with the MS4 Permit; and
WHEREAS, the PARTIES have determined that hiring CONSULTANTS to implement certain requirements of the CIMP and WMP will be beneficial to the PARTIES, and they have agreed to contribute funds to COUNTY, who will act as Administrator on behalf of the PARTIES to contract with CONSULTANTS to implement certain requirements of the CIMP and WMP; and
WHEREAS, the PARTIES agree that any unused funds from CIMP and WMP implementation may be reimbursed through credits toward future invoices and CIMP and WMP implementation agreements; and
WHEREAS, the COUNTY will act on behalf of the PARTIES to implement certain MS4 Permit and Marina del Rey Harbor ( MdRH) Toxic Pollutants Total Maximum Daily Load (Toxics TMDL) monitoring and reporting requirements of the CIMP and certain reporting requirements of the WMP; and
WHEREAS, the CITY of LOS ANGELES will act on behalf of the PARTIES to implement the MdR Bacteria Total Maximum Daily Load (Bacteria TMDL) monitoring and reporting requirements of the CIMP; and
WHEREAS, other entities subject to their own NPDES Permit and /or are named as responsible agencies in a Total Maximum Daily Load (TMDL) may participate in Marina del Rey Watershed MOA
applicable portions of the CIMP and WMP by amendment to this MOA, through mutual agreement of the PARTIES; 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.
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.
Section 2. Purpose. The purpose of this MOA is to cooperatively administer and fund the implementation of certain requirements of the CIMP and WMP, 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 WMP, and authorizes COUNTY to administer the cost-sharing.
Section 5. Term. The PARTIES expressly agree that this MOA shall become retroactively effective on July 1, 2024, and shall remain in effect until (1) COUNTY has provided the PARTIES with an accounting as set forth in Section 7(f) and the PARTIES have paid all outstanding invoices; or (2) June 30, 2029, whichever comes last.
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, 2024.
b. The PARTIES have agreed to cooperatively cost share and fully fund the estimated costs of implementing certain requirements of the CIMP and WMP, 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. The PARTIES have agreed that the total cost for implementing certain requirements of the CIMP and WMP shall not exceed $5,653,555 for five (5) years, which includes a five percent (5%) program administration cost, and a ten percent (10%) contingency.
d. Continuation of Monitoring. The PARTIES agree that substantiated costs incurred by the COUNTY and the CITY OF LOS ANGELES for implementing certain Marina del Rey Watershed MOA
requirements of the CIMP and WMP shall also be cost-shared by the PARTIES if such costs are incurred on or after July 1, 2024, but prior to all PARTIES executing this MOA.
Section 7. COUNTY AGREES:
a. Consultant Services. To retain a CONSULTANT to implement certain MS4 Permit and MdRH Toxics TMDL monitoring and reporting requirements of the CIMP and WMP, and certain reporting requirements of the MS4 Permi t, and any conditions required by subsequent changes to the CIMP and WMP as agreed upon by the PARTIES and approved by the REGIONAL BOARD . COUNTY 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 Table 2 of Exhibit A.
COUNTY 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. COUNTY will credit the CITY OF LOS ANGELES for the cost of implementing the Bacteria TMDL monitoring program, as explained in Sections 9(a) and (b). The annual payments for the period of July 1 through June 30 will be invoiced in July of that year, except for the first invoice 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 and WMP implementation and reporting.
c. Expenditure. To utilize the funds deposited by the PARTIES only for the purposes authorized by this MOA. COUNTY 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 COUNTY 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 Table 3 of Exhibit A. This contingency will not be invoiced unless actual expenditures exceed the original cost estimate. Expenditures that exceed the ten (10%) percent contingency will require an amendment to this MOA.
e. Report. To coordinate with all PARTIES and that PARTIES authorize COUNTY to submit reports to the REGIONAL BOARD as described in the CIMP and WMP and distribute copies of the reports to the PARTIES for review and comment prior to submittal to the REGIONAL BOARD. COUNTY will provide the PARTIES with an electronic copy of draft and completed reports. In addition, the COUNTY will submit to the PARTIES the data used to prepare the reports. This data will be transmitted electronically to all PARTIES and as r equested by the REGIONAL BOARD in a format that contains the table structure and syntax agreed upon by Marina del Rey Watershed MOA
the PARTIES, e.g., California Environmental Data Exchange Network format. The COUNTY will provide sufficient time [approximately five (5) to six (6) weeks] to the PARTIES to review the prepared reports. The COUNTY shall consider incorporating such comments received and answering a PARTY's questions to the best of their 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 COUNTY 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 Table 2. Subject to agreement by the COUNTY, any funds which are to be reimbursed to a PARTY may be reimbursed through credits toward future invoices and agreements.
g. Permit. To make a full -faith effort to work 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 COUNTY and its CONSULTANT provide written notice seventy -two (72) hours in adva nce of entry to LACFCD's FACILITIES.
Section 8. LACFCD AGREES:
a. To grant permits for construction or installation of monitoring equipment in LACFCD facilities and for access over LACFCD right of way 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. CITY OF LOS ANGELES AGREES:
a. Monitoring Services. To implement the MdR Bacteria TMDL monitoring and reporting requirements of the CIMP and WMP , and requirements of any subsequent changes to the CIMP and WMP as agreed upon by the PARTIES and approved by the REGIONAL BOARD . The CITY OF LOS ANGELES will be compensated for the administration of the MdR Bacteria TMDL Monitoring Services at a rate of five percent (5%) of each PARTY'S cost share as described in Table 1 of Exhibit A, and credited by COUNTY as described in Table 3 of Exhibit A. CITY OF LOS ANGELES will comply with all applicable procurement requirements.
Marina del Rey Watershed MOA
b. Invoice. To have COUNTY invoice the PARTIES on behalf of the CITY OF LOS ANGELES, and apply the full credit to CITY OF LOS ANGELES as shown in Table 3 of Exhibit A.
c. Expenditure. To utilize the funds only for the administration and implementation of the MdR Bacteria TMDL requirements of the CIMP and WMP . CITY OF LOS ANGELES will provide an accounting of funds expended and remaining after the end of the MOA term.
d. Contingency. To notify the PARTIES if actual expenditures are anticipated to exceed the total cost estimates contained in Table 1 of Exhibit A and obtain written approval of such expenditures from all PARTIES. Upon approval, the PARTIES agree to reimburse CITY OF LOS ANGELES for their proportional share of these additional expenditures at an amount not to exceed ten percent (10%) of the original cost estimate as shown in Table 3 of Exhibit A. This ten percent (10%) contingency will not be invoiced unless actual expenditures exceed the original cost estimate. Expenditures that exceed the ten percent (10%) contingency will require an amendment to this MOA.
e. Report. To coordinate with all PARTIES and that PARTIES authorize CITY OF LOS ANGELES to submit reports to the REGIONAL BOARD as described in the CIMP and WMP and distribute copies of the reports to the PARTIES for review and comment prior to submittal to the REGIONAL BOARD. CITY OF LOS ANGELES will provide the PARTIES with an electronic copy of draft and completed reports within seven (7) business days after completion. In addition, the CITY OF LOS ANGELES 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 LOS ANGELES will provide sufficient time to the PARTIES to review the prepared reports. The CITY OF LOS ANGELES shall consider incorporating such comments received and answering a PARTY's questions to the best of their 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 paid/credited to the CITY OF LOS ANGELES within one-hundred eighty ( 180) days of said termination or expiration, in accordance with the cost allocation formulas set forth in Exhibit A Table 2. Subject to agreement by the CITY OF LOS ANGELES, any funds which are to be reimbursed to a PARTY may be reimbursed through credits toward future invoices and agreements, if requested in writing by that PARTY.
g. Permit. To make a full -faith effort to work with the PARTIES and their CONSULTANTS to obtain all necessary permits for installation of permanent Marina del Rey Watershed MOA
infrastructure or modifications to monitoring sites, and subsequent access during monitoring events and maintenance.
Section 10. THE PARTIES FURTHER AGREE:
a. Payment. To fund the cost of the implementation of certain requirements of the CIMP and WMP, and to pay the COUNTY and the CITY OF LOS ANGELES 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 COUNTY. The cost estimates presented in Exhibit A have been agreed upon by the PARTIES and are subject to changes in the CIMP and WMP 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 . Any payment that is not received within sixty (60) days following receipt of the invoice from the COUNTY 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.
c. Shifting of Funds . Subject to approval by all PARTIES, the PARTIES may shift funds collected under this MOA between tasks admin istratively, 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 cost, as set forth in Table 1 of Exhibit A.
d. Documentation. To make a full -faith effort to cooperate 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 COUNTY, the CITY OF LOS ANGELES, and their CONSULTANTS, that is deemed necessary by the PARTIES to implement certain requirements of the CIMP and WMP.
e. Access. Each PARTY will allow reasonable access and entry by the COUNTY and CONSULTANT, on an as needed basis during the term of this MOA, to each PARTY'S facilities, as necessary to perform the activities o f this MOA, provided, however, that prior to entering any of the PARTY'S facilities, the COUNTY and CONSULTANT shall obtain all necessary permits and provide written n otice as required by those permits.
f. Permit. Each PARTY will make a full -faith effort to work with the COUNTY and CONSULTANT 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 COUNTY shall have the authority to obtain permits, on behalf of all Marina del Rey Watershed MOA
PARTIES, for the use of FACILITIES and right of way of the LACFCD as necessary for the implementation of certain requirements of the CIMP and WMP or other activities contemplated by this MOA.
g. Participation. Each PARTY shall designate an individual to provide representation at the MdR WMG that is authorized to provide official input on behalf of the PARTY.
Each PARTY shall ensure that a representative attends the MdR WMG meetings, and if necessary, 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 projects. The MdR WMG shall discuss and determine additional activities to be completed and implementation approach to completing those projects through mutual agreement.
i. Additional Participants . The PARTIES agree that if any other entity wishes to participate and cost share any element of the CIMP and WMP, an amendment to the MOA will be drafted with the concurrence of the MS4 Permittees, and with updated Table 3 based on updated cost share formula contained in Table 2 of Exhibit A of this MOA.
Section 11. 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), arising from or connected with , and in relative proportion to, its own negligence or willful misconduct under this MOA; provided, however, that no PARTY shall indemnify another PARTY for said other PARTY'S own negligence or willful misconduct.
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 and WMP, 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 ma ke contribution beyond its own pro rata share of the entire liability; and provided that no PARTY shall indemnify anothe r 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 hereto as a result of this MOA that is not caused by or attributable to the Marina del Rey Watershed MOA
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 COUNTY 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 CONSULTANT's performance of its agreement with the COUNTY. In addition, the COUNTY 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 C ONSULTANT's work. These requirements will also apply to any subcontractors hired by the CONSULTANTS.
Section 12. Termination and Withdrawal:
a. Termination. This MOA may be terminated upon the express written agreement of all PARTIES. If this MO A 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 and WMP. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONSULTANT 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.
c. Delinquent Payments. The COUNTY 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 Exhibit A. If the increase is more than the ten percent ( 10%) contingency, an amendment to this MO A must be executed to reflect the change in the PARTIES’ cost share.
d. Withdrawal. If a PARTY wishes to withdraw from this MO A for any reason, that PARTY must give the other PARTIES and the REGIONAL BOARD prior written Marina del Rey Watershed MOA
notice thirty (30) days thereof. The withdrawing PARTY shall be responsible for its share of the costs through the end of the current monitoring year (July 1 through June 30), including costs for reporting of data and results. The effective date of withdrawal shall be the sixth (6th) day after the COUNTY receives written notice of the PARTY'S intent to withdraw. Should any PARTY withdraw from this MO A, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A.
Section 13. General Provisions:
a. 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.
b. 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.
c. 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.
d. 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.
e. Amendment. 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 Sections 10(a) or withdraws pursuant to Section 12( d). Such amendments may Marina del Rey Watershed MOA
be executed by those individuals listed in Exhibit B or by other individuals authorized to execute such amendment on behalf of each PARTY.
f. Law to Govern. This MOA is governed by, interpreted under, construed, and enforced in accordance with the laws of the State of California.
g. 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.
h. 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.
i. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES with respect to the subject matter hereof.
j. 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.
k. 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 constitute one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOA.
l. Counsel Representation. All PARTIES have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOA as described in Section 13(e).
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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Marina del Rey Watershed MOA
COUNTY OF LOS ANGELES
By
MARK PESTRELLA, PE
Director of Public Works
Date
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By
Grace V. Chang, Principal Deputy Date
Marina del Rey Watershed MOA
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
MARK PESTRELLA, PE
Chief Engineer
Date
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By
Grace V. Chang, Principal Deputy Date
Marina del Rey Watershed MOA
CITY OF LOS ANGELES
Date: _____________________ By: _________________________
Aura Garcia, President
Board of Public Works
ATTEST:
_________________________
Holly L. Wolcott
Interim City Clerk
APPROVED AS TO FORM:
_________________________
Hydee Feldstein Soto
City Attorney
By: ______________________
Adena M. Hopenstand
Deputy City Attorney
Marina del Rey Watershed MOA
CITY OF CULVER CITY
Date: ___________________ By: _________________________
John M. Nachbar
City Manager
APPROVED AS TO CONTENT:
By: _________________________
Yanni Demitri
Public Works Director/City Engineer
APPROVED AS TO FINANCING:
By: _________________________
Lisa Soghor
Chief Financial Officer
APPROVED AS TO FORM:
By: _________________________
Heather Baker
City Attorney
Marina del Rey Watershed MOA
EXHIBIT A
Marina del Rey Watershed CIMP and WMP
Table 1. Total MOA Costs
Tasks 2024-25
Estimated Cost1
2025-26
Estimated Cost1
2026-27
Estimated Cost1
2027-28
Estimated Cost1
2028-29
Estimated Cost2
5 Years
Estimated Cost
Receiving Water Monitoring (Permit
and TMDL) $ 367,892 $ 312,471 $ 291,047 $ 293,728 $ 296,458 $ 1,561,596 Outfall Monitoring (Permit and TMDL) $ 194,729 $ 158,079 $ 159,679 $ 161,590 $ 163,553 $ 837,630 Bacteria Monitoring3 $ 151,770 $ 157,841 $ 164,155 $ 170,721 $ 177,550 $ 822,037 Installation, Operation, and
Maintenance of Outfall Stations $ 76,201 $ 76,201 $ 76,201 $ 76,201 $ 76,201 $ 381,005 Semi-Annual Monitoring Data (Permit &
TMDL) $ 15,678 $ 16,668 $ 16,668 $ 17,328 $ 18,018 $ 84,360 Annual Data Analysis and Reporting $ 88,357 $ 90,370 $ 90,370 $ 92,317 $ 94,311 $ 455,725 Optional Task: Additional Tasks for
Implementation of CIMP $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 250,000 WMP Related Tasks (Annual/
Semi-Annual Reporting, Adaptive
Management, RAA, ROWD, etc.) $ 50,000 $ 50,000 $ 300,000 $ 50,000 $ 50,000 $ 500,000 CASQA Membership $ 500 $ 500 $ 500 $ 500 $ 500 $ 2,500 Subtotal $ 995,127 $ 912,130 $ 1,148,620 $ 912,385 $ 926,591 $ 4,894,853 Administration Fee (5%) $ 49,756 $ 45,607 $ 57,431 $ 45,619 $ 46,330 $ 244,743 Annual Cost $ 1,044,883 $ 957,737 $ 1,206,051 $ 958,004 $ 972,921 $ 5,139,596 Contingency (10%) $ 513,960
Total MOA Cost (5 Years) $ 5,653,555
1 – For 2024-25 through 2027-28, the estimate is based on cost estimate provided by a consultant 2 – For 2028-29, the estimated cost is partly based on 2027-28 costs plus small inflationary increase 3 – City of Los Angeles will implement the Bacteria TMDL monitoring on behalf of the group Marina del Rey Watershed MOA
Table 2. Total Cost Allocation Formula by Permittee for 5 years1
Party Acres Percent
of Area 2024-25 2025-26 2026-27 2027-28 2028-29 Total Total Cost w/ Contingency
City of
Los Angeles 978.9 69% $ 685,209 $ 628,060 $ 790,898 $ 628,236 $ 638,017 $ 3,370,420 $ 3,707,462 County 397.7 28% $ 278,381 $ 255,163 $ 321,320 $ 255,235 $ 259,209 $ 1,369,308 $ 1,506,239 City of
Culver City 41.5 3% $ 29,049 $ 26,626 $ 33,530 $ 26,634 $ 27,048 $ 142,887 $ 157,176 LACFCD
(5%) N/A N/A $ 52,244 $ 47,887 $ 60,303 $ 47,900 $ 48,646 $ 256,980 $ 282,678 Total 1418.1 100% $ 1,044,883 $ 957,737 $ 1,206,051 $ 958,004 $ 972,921 $ 5,139,596 $ 5,653,555
1 – Includes 5% Program Administration.
Marina del Rey Watershed MOA
Table 3. Invoicing Schedule with Credit to City of Los Angeles1,2
Party 2024-25
Invoice
2025-26
Invoice
2026-27
Invoice
2027-28
Invoice
2028-29
Invoice Total Contingency3
City of
Los Angeles5 $ 525,850 $ 462,327 $ 618,536 $ 448,979 $ 451,590 $ 2,507,281 $ 250,728 Credit4 $ 159,359 $ 165,733 $ 172,363 $ 179,257 $ 186,428 $ 863,139 $ 86,314 County $ 278,381 $ 255,163 $ 321,320 $ 255,235 $ 259,209 $ 1,369,308 $ 136,931 City of
Culver City $ 29,049 $ 26,626 $ 33,530 $ 26,634 $ 27,048 $ 142,887 $ 14,289 LACFCD (5%) $ 52,244 $ 47,887 $ 60,303 $ 47,900 $ 48,646 $ 256,980 $ 25,698 Total $ 1,044,883 $ 957,737 $ 1,206,051 $ 958,004 $ 972,921 $ 5,139,596 $ 513,960
1 – Includes 5% program administration fee.
2 – City of Los Angeles will implement the Bacteria TMDL monitoring requirements. Annual cost plus 5% admin. 3 – Contingency is 10% of the 5-year total invoice amount. Contingency will not be invoiced unless there is a need for its expenditure as agreed in writing by all PARTIES.
4 – Amount of credit applied to City of Los Angeles' invoice, to be subtracted from the City of Los Angeles' cost-share amount shown in Table 2. 5 – City of Los Angeles invoice amount reflecting credit.
Marina del Rey Watershed MOA
EXHIBIT B
Marina del Rey 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
Mark Lombos
E-mail: [email protected]
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
Mark Lombos
E-mail: [email protected]
Phone: (626) 300-4665
Fax: (626) 300-4620
3. City of Los Angeles
Watershed Protection Division
1149 South Broadway
Los Angeles, CA 90015
Mail Stop: 1149-756
Taraneh Nik-Khah
[email protected]
Phone: (213) 393-1645
Fax: (213) 485-3939
4. City of Culver City
9770 Culver Boulevard, 2nd Floor
Culver City, CA 90232-0507
Sean Singletary
[email protected]
Phone: (310) 253-6457
Fax: (310) 253-5626