TENTH AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITIES OF
CLAREMONT, LA VERNE, POMONA, AND SAN DIMAS REGARDING THE
ADMINISTRATION, DUTIES, AND COST SHARING FOR IMPLEMENTING THE
COORDINATED INTEGRATED MONITORING PROGRAM OF THE EAST SAN GABRIEL
VALLEY WATERSHED MANAGEMENT GROUP
This Tenth Amendment to the Agreement (TENTH AMENDMENT) is entered into by and between the C ities of Claremont, La Verne, Pomona , and San Dimas . Collectively, these entities shall be known herein as “Parties” or individually as “PARTY”.
RECITALS
WHE
REAS, in July and August of 2015, each of the Parties’ City Councils approved the Cooperative Agreement ( Agreement) for the administration and cost sharing for implementation of the Regional Water Quality Control Board approved Coordinated Integrated Monitoring Program (CIMP) of the East San Gabriel Valley Watershed Management Group (ESGVWM Group);
WHE
REAS, in each year from 2017-2024, at different times, the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Amendment to the Agreement was approved by the Parties;
WHE
REAS, The First Amendment designated the City of Pomona as the lead agency (Lead Agency);
WHE
REAS, to continue to complete the necessary CIMP elements, the Parties desire to enter into this Tenth Amendment to replace Exhibit B of the Agreement with Exhibit B-10 to reflect a cost share of Consultants’ not to exceed amount contract for the three-year term; WHE
REAS, Section7v. of the Agreement allows the Agreement to be amended, for reasons specified within Section 7v., so long as all Parties sign a written instrument; NOW
, THEREFORE , in consideration of the mutual benefits to be derived by the Parties, and of the promises contained in the A greement and all nine amendments, the Parties agree as follows:
1. The ab
ove Recitals are true and correct and are hereby incorporated herein by this reference.
2. The C
ity of Pomona shall remain Lead Agency and shall be the contracting party entering into contracts to carry out the CIMP on behalf of the ESGVWM Group.
3. Upon
the commencement of the work associated with the Tenth Amendment with Stantec for CIMP implementation services, the CIMP implementation funding contributions delineated in Exhibit B of the Agreement shall be replaces with Exhibit B-10 (attached hereto as Exhibit B-10 and incorporated by reference), and the Parties shall, thereafter, fund CIMP implementation in accordance with Exhibit B-10.
Attachment No. 3
2 4. Except as otherwise specifically provided herein, all other provisions of the Agreement and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Amendments shall remain in full force and effect.
5. Adequate Consideration. The P arties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Ninth Amendment.
6. Counterparts. This Tenth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Tenth Amendment to be executed by their duly authorized representatives and affixed as of the date of signature of the Parties:
[Signatures on following pages]
3 CITY OF CLAREMONT
By
Adam Pirrie, City Manager Date
ATTEST:
By
Shelley Desautels, City Clerk Date
APPROVED AS TO FORM:
By
City Attorney Date
4 CITY OF LA VERNE
By
Ken Domer, City Manager Date
ATTEST:
By
Debra Fritz, Deputy City Clerk Date
APPROVED AS TO FORM:
By
City Attorney Date
5 CITY OF POMONA
By
Anita D. Scott, City Manager Date
ATTEST:
By
Karla Shipman, CMC, Acting City Clerk Date
APPROVED AS TO FORM:
By
July 7, 2026
Best Best & Krieger, City Attorney Date
6 CITY OF SAN DIMAS
By
Brad McKinney, City Manager Date
ATTEST:
By
Debra Black, City Clerk Date
APPROVED AS TO FORM:
By
City Attorney Date
7 EXHIBIT B-10
* Per the Cooperative Agreement, the Parties’ share is calculated on the percent of total land area times the square miles (ESGVWMG Watershed Area column). For this Agreement the three- year terms are outlined in Tables 1-3.
** The percentage of contract column is the total cost including the 10% fee to lead agency.
Table 1A. Implementation of CIMP - July 1, 2026 to June 30, 2027 Agency
Stantec
Contract Award
(Not to Exceed)
90%
Watershed
Area Based
Cost
Allocation*
10% General
Cost Allocation
(Based on
Contract
Award)
Fiscal Year
2026-2027
Square Miles % Total $687,421.00 $618,678.90 $68,742.10 $687,421.00 Claremont 7.16 18.36% $113,589.45 $17,185.53 $130,774.97 La Verne 5.76 14.77% $91,378.87 $17,185.53 $108,564.40
Pomona 19.47 49.94% $308,968.24 $17,185.53 $326,153.77
San Dimas 6.60 16.93% $104,742.34 $17,185.53 $121,927.86 Totals = 38.99 100% $618,678.90 $68,742.10 $687,421.00
* Contract Award multiplied by the "% Total" multiplied by 90% (Task 4.2 separate table) Agency Agency
Claremont Claremont
La Verne La Verne
Pomona Pomona
San Dimas San Dimas
Totals = Totals =
**Page 2 of Agreement, 4th paragraph states 10% of the Consultant Contract Award $147,960.50
$125,749.92
$343,339.29
$139,113.39
$756,163.10
10% Fee For
Lead Agency
Coordination **
ESGVWMG
Watershed Area
Table 1B. Lead Agency Coordination Table 1C. Total Agency Cost Total Not To Exceed for
Agencies CIMP Implementation
(Tables 1 and 2)
$17,185.53
$17,185.53
$17,185.53
$17,185.53
$68,742.10
8 Table 2A. Implementation of CIMP - July 1, 2027 to June 30, 2028 Agency
Stantec
Contract Award
(Not to Exceed)
90%
Watershed
Area Based
Cost
Allocation*
10% General
Cost Allocation
(Based on
Contract
Award)
Fiscal Year
2027-2028
Square Miles % Total $634,221.00 $570,798.90 $63,422.10 $634,221.00 Claremont 7.16 18.36% $104,798.68 $15,855.53 $120,654.20 La Verne 5.76 14.77% $84,307.00 $15,855.53 $100,162.52
Pomona 19.47 49.94% $285,056.97 $15,855.53 $300,912.50
San Dimas 6.60 16.93% $96,636.25 $15,855.53 $112,491.78 Totals = 38.99 100% $570,798.90 $63,422.10 $634,221.00
* Contract Award multiplied by the "% Total" multiplied by 90% (Task 4.2 separate table) Table 2B. Lead Agency Coordination Table 2C. Total Agency Cost Agency Agency
Claremont Claremont
La Verne La Verne
Pomona Pomona
San Dimas San Dimas
Totals = Totals =
**Page 2 of Agreement, 4th paragraph states 10% of the Consultant Contract Award $15,855.53 $136,509.73
$15,855.53 $116,018.05
$15,855.53 $316,768.02
$15,855.53 $128,347.30
$63,422.10 $697,643.10
ESGVWMG
Watershed Area
10% Fee For
Lead Agency
Coordination **
Total Not To Exceed for Agencies
CIMP Implementation
(Tables 1 and 2)
Table 3A. Implementation of CIMP - July 1, 2028 to June 30, 2029 Agency
Stantec
Contract Award
(Not to Exceed)
90%
Watershed
Area Based
Cost
Allocation*
10% General
Cost Allocation
(Based on
Contract
Award)
Fiscal Year
2028-2029
Square Miles % Total $633,433.00 $570,089.70 $63,343.30 $633,433.00 Claremont 7.16 18.36% $104,668.47 $15,835.83 $120,504.29 La Verne 5.76 14.77% $84,202.25 $15,835.83 $100,038.07
Pomona 19.47 49.94% $284,702.80 $15,835.83 $300,538.62
San Dimas 6.60 16.93% $96,516.19 $15,835.83 $112,352.01 Totals = 38.99 100% $570,089.70 $63,343.30 $633,433.00
* Contract Award multiplied by the "% Total" multiplied by 90% Table 3B. Lead Agency Coordination Table 3C. Total Agency Cost Agency Agency
Claremont Claremont
La Verne La Verne
Pomona Pomona
San Dimas San Dimas
Totals = Totals =
**Page 2 of Agreement, 4th paragraph states 10% of the Consultant Contract Award $15,835.83 $128,187.84
$63,343.30 $696,776.30
$15,835.83 $136,340.12
$15,835.83 $115,873.90
$15,835.83 $316,374.45
10% Fee For Total Not To Exceed for Agencies
ESGVWMG
Watershed Area
9 Table 4. Task 4.2 Drywell Design - July 1, 2026 to June 30, 2027 (task billed separely) Agency
Stantec
Contract Award
(Not to Exceed)
Safe Clean
Water
Regional
Funding
(Funds will be
used first)
Total Cost
Share
Difference with
SCW Regional
Funding
90%
Watershed
Area Based
Cost Allocation
(minus SCW
Regional
Funding)*
10% General
Cost Allocation
(Based on Revised
Contract)
Fiscal Year
2026-2028
Square Miles % Total $363,964.00 $350,000.00 $13,964.00 $12,567.60 $1,396.40 $13,964.00 Claremont 7.16 18.36% $2,307.41 $349.10 $2,656.51
La Verne 5.76 14.77% $1,856.23 $349.10 $2,205.33
Pomona 19.47 49.94% $6,276.26 $349.10 $6,625.36
San Dimas 6.60 16.93% $2,127.69 $349.10 $2,476.79
Totals = 38.99 100% $12,567.60 $1,396.40 $13,964.00
* Contract Award multiplied by the "% Total" multiplied by 90%. This cost is estimated to occur in FY2027-2028 (year 2 of contract SCW Regional Funding, once distributed, will be used first, and remainder of cost will be cost shared between the agencies for TSO compliance.
Table 5. Task 4.2 Drywell Design - July 1, 2027 to June 30, 2028 (task billed separely) Agency
Stantec
Contract Award
(Not to Exceed)
Total Cost
Share
Difference with
SCW Regional
Funding
90%
Watershed
Area Based
Cost Allocation
(minus SCW
Regional
Funding)*
10% General
Cost Allocation
(Based on
Revised
Contract)
Fiscal Year
2026-2028
Square Miles % Total $163,455.00 $163,455.00 $147,109.50 $16,345.50 $163,455.00 Claremont 7.16 18.36% $27,009.30 $4,086.38 $31,095.68
La Verne 5.76 14.77% $21,728.07 $4,086.38 $25,814.45
Pomona 19.47 49.94% $73,466.48 $4,086.38 $77,552.86
San Dimas 6.60 16.93% $24,905.64 $4,086.38 $28,992.01
Totals = 38.99 100% $147,109.50 $16,345.50 $163,455.00
ESGVWMG
Watershed Area
ESGVWMG
Watershed Area