TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND MANHATTAN BEACH AGREEMENT NO. 2024MP50
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Manhattan Beach, hereinafter referred to as "Municipality." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.
NOW, THEREFORE , in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Y ear” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Y ear” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Municipality: Manhattan Beach Name: Haris Harouny Name:
Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:
Phone: (626) 300-2620 Phone:
Municipal Program
Agreement No.2024MP50
Katherine Doherty
3621 Bell Ave.
Manhattan Beach, Ca. 90266
310-802-5352
Email: [email protected] Email:
Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Y ear for which the Plan is prepared.
B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Y ear based on the amount and timing of revenues actually collected by the District.
B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section
18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Y ear, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.
VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Y ear. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.
VII. 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 form of electronic records and are executed electronically, 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 Municipality 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 Municipality: (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) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.
Municipal Program
Agreement No.2024MP50
[email protected]
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Municipal Program
Agreement No.: 2024MP50
CITY OF MANHATTAN BEACH:
By:
Talyn Mirzakhanian, Acting City Manager
ATTEST:
By:
Liza Tamura, City Clerk
APPROVED AS TO FORM:
By:
Quinn M Barrow, City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Onyx Jones, Acting Finance Director
APPROVED AS TO CONTENT:
By:
Erick Lee, Public Works Director
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By:
Name:
Title:
Date:
EXHIBIT A – ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.
Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.
Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.
A-7. Provide the budget for the activities described in provisions A1 through A-5 SCW Program Payment.
Municipal Program
Agreement No.2024MP50
EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.
Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements,
invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copy of all audit reports by the ninth (9) month from the end of each three (3) year periodth Municipal Program
Agreement No.2024MP50
to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly
accessible
website. Due date example below.
Every
Third
Fiscal
Year
Fiscal
Year
Audit
Begins
Audit
Report
Due
to
District
2023-
24 7/1/2027
No
later
than
3/31/2028
4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure
Projects using SCW Program Payments. The Municipality shall permit the authorized District representative,
including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports,
books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination
activities are considered District administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.
B-7. Availability
of
Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the availability
of
sufficient
funds
to
permit
the
disbursements
provided
for
herein.
If
sufficient funds are not available for any reason including, but not limited
to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be
obligated to make any disbursements to the Municipality under this Agreement. This
provision
shall
be
construed
as
a
condition
precedent
to
the
obligation
of
the
District to make any disbursements under this Agreement. Nothing in this
Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other
Municipality.
If
any
disbursements
due
to
the
Municipality
under
this
Agreement
are deferred because sufficient funds are
unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds
do become available,
but
this
intention
is
not
binding. If
this
Agreement’s
funding
for
any
Fiscal
Year is reduced or
deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring
to the District or offer an amendment to the Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under
this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate
and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Compliance
with
SCW
Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of
Chapters 16 and 18 of the Code.
B-11. Compliance
with
Law,
Regulations,
etc.
The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all
applicable local, state and federal laws, rules, guidelines, regulations, and requirements.
B-12. Continuous
Use
of
Municipal
Projects;
Lease
or
Disposal
of
Municipal
Projects
The
Municipality
shall
not
abandon,
substantially
discontinue
use
of,
lease,
or
dispose
of all or a significant part or portion
of any Project funded in whole or in part with SCW Program
Payments
during
the
useful
life
(defined
as
30 years
unless
specified
otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.
Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring
repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said
amount accruing from the date of lease or disposal of the Project.
B-13.
Disputes
Should a
dispute arise
between the
parties,
the party
asserting the dispute
will
notify the other parties in writing of the
dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the
dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate
mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.
Municipal Program
Agreement No.2024MP50
All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.
SCW Program Payments shall not be used to pay for any costs of the mediation.
The
parties
will
attempt
to
resolve
any
dispute
through
the
process
set
forth
above
before filing any action relating to the
dispute in any court of law.
B-14. Final
Inspection
and
Certification
of
Registered
Professional
Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a
California Registered Professional (i.e., Professional
Civil
Engineer,
Engineering
Geologist)
that
the
design
has
been
completed.
Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California
Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed
in accordance with submitted
final
plans
and
specifications
and
any
modifications
thereto
and
in
accordance with this
Agreement.
B-15. Force
Majeure.
In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of
strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or
other reasons of a like nature beyond the control of the Municipality, then performance
of such acts shall be
excused
for
the
period
of
the
delay,
and
the
period
for
the
performance
of
any
such act shall be extended for a period equivalent to the
period of such delay.
B-16. Funding
Considerations
and
Exclusions
1. All
expenditures
of
SCW
Program
Payments
by
Municipality
must
comply
with
the provisions
of
Chapters
16 and
18 of
the
Los
Angeles
County
Flood
Control
District Code, including but not limited to the provisions regarding
eligible expenditures contained
in
Section
16.05.A.2
and
the
provision
regarding
ineligible
expenditures
contained in Section 16.05.A.3.
2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced
Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water
Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant
to
the
settlement
of
an
enforcement
action
or
to
offset
monetary
penalties imposed by the State Water Resources
Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that
SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO")
issued
by
the
Los
Angeles
Regional
Water
Quality
Control
Board
if,
at
the time the TSO was issued, the Project was included in an
approved watershed management program (including enhanced watershed management programs) developed
pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and
appointed officials, agents, and employees from and against any and all liability and expense, including defense costs,
legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily
injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program
implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement
by the Municipality.
B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent
capacity and not as officers, employees, or agents of the District.
The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the
District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the
agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements,
covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from
Municipal Program
Agreement No.2024MP50
the end of the fiscal year in which those funds are transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal
year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will
apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible
expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from
the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to
a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the
Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality
may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.
Extension Requests must contain sufficient justification and be submitted to the District in writing no later than
three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding
procedures without exception. Example Below.
Fiscal Year
Transferred
Funds
Lapse
After
Extension
Request
Due
Commit
By
2019-
20 6/30/2025
No
later
than
3/31/2025
No
later
than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will
have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW
Program Payments at all reasonable times.
B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non- discrimination in employment and equal employment opportunity.
B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this
Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice
1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a.
Bankruptcy,
insolvency,
receivership
or
similar
event
of
the
Municipality;
or
b.
Actions
taken
pursuant
to
State
law
in
anticipation
of
filing
for
bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against
the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following:
a.
Any
significant
deviation
from the
submitted Annual
Plan
for
the
current
Fiscal Year, including discussion of any
major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in
benefits
or
community
engagement,
and/or
modifications
that
change
the
SCW Program Goals intended to
be accomplished.
b.
Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical
resource be discovered during construction, the Municipality agrees that all work in the area of the find will
cease until a qualified archaeologist has evaluated the situation and made recommendations regarding
preservation of
the resource, and the
District has determined
what
actions
should
be
taken
to
protect
and
preserve
the
resource. The Municipality agrees to implement appropriate actions as directed by the District.
c.
Any public or media event publicizing the accomplishments and/or results of this
Agreement
and
provide
the
opportunity
for
attendance
and
participation
by District representatives with at least fourteen (14) days’ notice
to the District.
B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this
Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The
Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.
The District will not mediate disputes between the Municipality and any other entity concerning responsibility for
Municipal Program
Agreement No.2024MP50
performance of work.
B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting
requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports,
using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to
detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s
publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall
include:
a.
Amount
of
funds
received;
b.
Breakdown
of
how
the
SCW
Program
Payment
has
been
expended;
c.
Documentation that the SCW Program Payment was used for eligible expenditures in accordance with
Chapters 16 and 18 of the Code;
d.
Description of activities that have occurred, milestones achieved, and progress made to date, during the
applicable reporting period including comparison to the Annual Plan and corresponding metrics; e.
Discussion of any existing gaps between what was planned and what was achieved for the prior year, include
any lessons learned;
f.
Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a
summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior
year, including graphical representation of available data and specific metrics to demonstrate the benefits
being achieved through the years’
investments.
g.
Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable.
This
includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW
Program Goals, and increasing regional capacity to supplement the SCW Program. h.
Additional
financial
or
Project-related
information
in
connection
with
activity funded in whole or in part using
SCW Program Payments as required by the District.
i.
Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that
projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18
of the
Code.
j.
Report on annual and total (since inception of program) benefits provided by programs and projects funded by
SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding
specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits
and graphical representation of pertinent data):
i.
Annual
volume
of
stormwater
captured
and
treated
ii.
Annual
volume
of
stormwater
captured
and
reused
iii.
Annual
volume
of
stormwater
captured
and
recharged
to
a
managed
aquifer
iv.
Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss
considerations explored and reasons to not include.
v.
Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix
demonstrating determination of good, better,
best,
as
outlined
in
Exhibit
C).
If
none,
discuss
considerations explored and reasons to not include.
vi.
Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons
to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or achieved
with
the
SCW
Program
Payment
described
in
the
Annual
Plan
Exhibit
A. This information must be readily accessible to members of the
public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide such
reports,
data,
and
information
as
may
be
reasonably
requested
by
the
District including,
but
not
limited
to
material
necessary
or
appropriate
for
evaluation
of
the SCW
Program
or
to
fulfill
any
reporting
requirements
of
the
County,
state
or
federal
government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization
and
Validity.
The
execution
and
delivery
of
this
Agreement,
including all
incorporated
documents,
by
the
individual
signing
on
behalf
of
Municipality,
has been duly authorized by the governing body of Municipality, as
applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in
accordance with its terms, except as such enforcement may be limited by law.
2. No
Violations.
The
execution,
delivery,
and
performance
by
the
Municipality
of
this Agreement, including all
incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on
the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument
Municipal Program
Agreement No.2024MP50
to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page
hereof.
3. No
Litigation.
There
are
no
pending
or,
to
the
Municipality’s
knowledge,
threatened actions, claims, investigations,
suits, or proceedings before any governmental authority, court, or administrative agency which affect the
Municipality's ability to complete the Annual Plan.
4. Solvency.
None
of
the
transactions
contemplated
by
this
Agreement
will
be
or
have been made with an actual
intent to hinder,
delay, or
defraud any
present
or
future creditors of the Municipality. As of the date set forth on the
first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by
this
Agreement. The Municipality is
able to pay
its
debts as
they become due.
5. Legal
Status
and Eligibility. The Municipality is
duly
organized and
existing and in good standing under the laws of
the State of California. The Municipality shall at all times maintain its current legal existence and preserve and
keep in full force and effect its legal rights and authority.
6. Good
Standing.
The
Municipality
must
demonstrate
it
has
not
failed
to
comply
with previous
County
and/or
District
audit
disallowances
within
the
preceding
five
years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the
California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel
amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County
Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program
Manager.
B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable,
the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program
Payment for any Fiscal Year in the event that:
1. The Municipality has violated any provision of this Agreement; or
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an
opportunity to cure.
3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
Municipal Program
Agreement No.2024MP50
EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the
sustainable management and use of nature for undertaking socio-environmental challenges, including climate change,
water security, water pollution, food security, human health, and disaster risk management. As this environmental
management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be
expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter
Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the
permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian
habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting,
mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide
additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks
and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural
processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture
stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing
natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a
good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual
Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each
method. If at least 3 methods score within a single class, the overall project can be characterized as that class.
Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each
method, to facilitate District tracking of methods being utilized.
METHODS
GOOD
BETTER
BEST
Vegetation/Green
Space
Use of climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate-appropriate
vegetation
Use of native, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and climate-
appropriate
More than 35% covered by
new native vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
●Minimal negative impact
to existing drainage
system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
Municipal Program
Agreement No.2024MP50
Creation &
Restoration of
Riparian Habitat &
Wetlands
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing off-
site runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter
Municipal Program
Agreement No.2024MP50
EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using
the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care
and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project
specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and
frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices,
including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the
Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and
urban runoff benefits.
1. Litter Control
•
Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock
areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways,
drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. •
Regular inspection and maintenance of pet waste stations. •
Maintaining trash receptacles.
•
Removal of trash, debris, and blockages from bioswales. •
Inspection and cleaning of trash booms.
•
Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance
•
Weed control
o
Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds,
ragweed, and other underground spreading weeds.
o
Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or
shrubs).
o
Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas,
gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing
stations, park shelters, and bicycle paths.
•
Tree and shrubbery trimming and care
o
Removal of dead trees and elimination of diseased/damaged growth. o
Prevent encroachment of adjacent property and provide vertical clearance. o
Inspect for dead or diseased plants regularly.
•
Wetland vegetation and landscape maintenance
o
Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal,
intermittent habitats.
o
Draining and drawdown of wetland and excessive bulrush removal o
Weed and nuisance plant control.
o
Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and
harvesting equipment.
o
Wildflower and meadow maintenance.
o
Grass, sedge, and yarrow management.
o
Removal of unwanted hydroseed.
3. Wildlife Management
•
Exotic species control.
•
Provide habitat management; promote growth of plants at appropriate densities and promote habitat
structure for animal species.
•
Protect sensitive animal species (e.g. protection during critical life stages including breeding and
migration).
•
Avoid disturbances to nesting birds.
•
Avoid spread of invasive aquatic species.
4. Facility Inspection
•
Inspect project sites for rodent and insect infestations on a regular basis. •
Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences,
and educational and directional signs.
•
Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed
granite pathways, and maintenance roads).
Municipal Program
Agreement No.2024MP50
•
Inspect shade structures for structural damage or defacement. •
Inspect hardscapes.
•
Inspect and maintain interpretive and informational signs. •
Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). •
Maintain deck areas (e.g. benches, signs, decking surfaces). •
Visually inspect weirs and flap gates for damage; grease to prevent locking.
•
Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates
through full cycles to prevent them from locking up.
5. Irrigation System Management
•
Ensuring automatic irrigation controllers are functioning properly and providing various plant species with
proper amount of water.
o
Cycle controller(s) through each station manually and automatically to determine if all facets are
functioning properly.
o
Inspection should be performed at least monthly.
o
Recover, replace, or refasten displaced or damaged valve box covers. o
Inspect and repair bubbler heads.
o
Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and
erosion).
o
Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur
at least monthly.
o
Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o
Maintain and check function of the drip system.
•
Keeping irrigation control boxes clear of vegetation.
•
Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope
failure.
•
Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant
characteristics to promote a self-sustaining, irrigation free landscape. •
Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At
least four times a year (e.g. change of season), reschedule controller systems. •
Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high
enough moisture content.
•
Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
•
Inspect slopes for erosion during each maintenance activity. •
Inspect basins for erosion.
•
Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank
protection, and replanting exposed soil.
7. Ongoing Monitoring Activities
•
Monitor controllable intake water flow and water elevation. •
Examine inflow and outflow structures to ensure devices are functioning properly and are free of
obstructions.
•
Water quality sampling (quarterly, unless justified otherwise). •
Checking telemetry equipment.
•
Tracking and reporting inspection and maintenance records.
8. Vector and Nuisance Insect Control
•
Monitoring for the presence of vector and nuisance insect species. •
Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. •
Managing emergent vegetation.
•
Using hydraulic control structures to rapidly dewater emergent marsh areas. •
Managing flow velocities to reduce propagation of vectors.
Municipal Program
Agreement No.2024MP50