FIRST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF REDONDO BEACH, THE CITY OF HERMOSA BEACH, THE CITY OF
MANHATTAN BEACH, THE CITY OF TORRANCE, AND THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT
REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE
ENHANCED WATERSHED MANAGEMENT PROGRAM AND THE COORDINATED
INTEGRATED MONITORING PROGRAM FOR THE SANTA MONICA BAY WATERSHED
R AND THE DOMINGUEZ CHANNEL WATERSHED
This First Amendment to the Memorandum of Understanding (this "FIRST AMENDMENT "), is made and entered into as of the date set forth below by and between the CITY OF REDONDO BEACH, a body corporate and politic, THE CITY OF HERMOSA BEACH, a body corporate and politic, THE CITY OF MANHATTAN BEACH, a body and politic, THE CITY OF TORRANCE, a municipal corporation, 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 PARTIES entered into the above referenced Memorandum of Understanding (MOU) in December of 2013;
WHEREAS, the PARTIES wish to enact this FIRST AMENDMENT to amend the MOU pursuant to Section 12 subsection e in order to increase the not to exceed amount from 760, 00000. to $1, 014.003,0 due to increased costs in the preparation of Phase II plans including a Draft and Final EWMP plan (collectively, PLANS); and 0 WHEREAS, the PARTIES determined that the cost of completing Phase II plans would be negotiated with the Consultant at the completion of Phase I and that the PARTIES desire to participate and will provide Phase II funding in accordance with a mutually agreed upon revised cost Allocation Schedule to be established in this Amendment to the MOU; and WHEREAS, the CITY OF REDONDO BEACH will act on behalf of the PARTIES in the preparation of the PLANS; and
WHEREAS, there were two (2) unanticipated financial outlays in Phase II which are an 8,000 outreach effort which will be split equally among PARTIES and $161,408 for Reasonable Assurance Analysis Modeling work which will be borne entirely by THE CITY OF TORRANCE as the work solely took place within the jurisdiction of THE CITY OF TORRANCE which are reflected in Table 1(f) of Exhibit "A -1 "; and
4a0 EOOry Page 1 of 7
C- 1312 -154 -1
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises herein contained, is the PARTIES hereby agree to amend the MOU as follows:
Section 1. Recitals: The recitals set forth above are fully incorporated as part of this FIRST AMENDMENT.
Section 2. Purpose: The purpose of this FIRST AMENDMENT is to increase the not to exceed amount contemplated in the MOU from $760, 0000.to $1, 014.003,0. Pursuant to this change, Exhibit "A" of the MOU shall be deleted in its entirety and replaced with Exhibit "A -1" attached hereto and incorporated by reference. Further, pursuant to changes to personnel of the PARTIES, Exhibit "B" of the MOU shall be deleted in its entirety and replaced with Exhibit "B -1" attached hereto and incorporated by reference.
v Section 3. Terms: This FIRST AMENDMENT shall become effective on the date of the final execution by the PARTIES or November 11, 2014, whichever comes first, and shall remain in effect until (1) the Regional Board has given final approval to the last outstanding portion of the PLANS, (2) the City of Redondo Beach has provided the PARTIES with an accounting as set forth in section 7(d), of the MOU and (3) the PARTIES have paid all outstanding invoices.
Section 4. Assessment for Proportional Cost for PLANS. The PARTIES agree to pay the City of Redondo Beach for preparation and delivery of the Phase II PLANS in the amounts shown in Table (1c) and Table (1f) of Exhibit "A -1 ", based on the cost allocation formula shown in Table 2) of Exhibit A -1" attached hereto and made part of this FIRST AMENDMENT by reference.
The City of Redondo Beach will annually invoice the PARTIES to this FIRST AMENDMENT as shown in Table (3) and Table (3a) of Exhibit "A-1", based on the allocated cost for developing the PLANS and the project administration and management costs at a percentage not to exceed 10% of the allocated costs for development of the PLANS. The cost of preparing Phase II PLANS has been negotiated with the Consultant pursuant to the conclusion of Phase I and will be allocated to the PARTIES based upon the revised Table (1c) and Table (10 of Exhibit "A -1 ".
Section 5. No Other Amendments. Except as expressly stated herein, the MOU shall remain unchanged and in full force and effect. The MOU and this FIRST AMENDMENT shall constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the MOU and this FIRST AMENDMENT, the terms of this FIRST AMENDMENT shall govern. 0 SIGNATURES FOLLOW ON NEXT PAGES]
IN WITNESS WHEREOF, the PARTIES hereto have caused this FIRST AMENDMENT to be executed by their duly authorized representative and affixed as of the date of signature of the PARTIES:
ofAu %
C- L I°grt 154-1312- o
CITY OF REDONDO BEACH
Date: it— 04 ( _I By:
StevthA • pe /'a L r
ATTEST:
a
Eleanor Manzano, Ci' Ierk7.
APPROVED AS TO FORM
BY: 4114
P, ebb, City Attorney
ONNEY
C- 1312 -154 -1 i-71
CITY OF HERMOSA BEACH
Date: 545 By: f /4 v
Peter Tucker, Mayor
ATTEST:
B • 1•
Elaine Doer-fling, City Clem
APPROVED AS TO FORM:
rrael Jenkin , ttorney
Page4of7
CITY OF MANHATTAN BEACH
Date: By:
Wayne Powell, Mayo
ATTEST:
r
lI- IZ -! `F
iza Tamur City Clerk
APPROVED AS TO FORM
By: ii / 1 ii %z
Omar San 7 al, Special Counsel
CITY OF TORRANCE
Date: II - 19 ' 201y' By: 1/ i I
ratIFIV, May,
ATTEST:
U. I
By:
ebecca Poirier, MMC, City Clerk',
APPROVED AS TO FORM
By:
John Fellows, City Attorney
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
Date: / Jie / By:
J, Gail Fiber, Chief Engineer
APPROVED AS TO FORM:
Mark J. Saladino
County Counsel
By: Cci Date: 0/ z7l20/[{
Senior Associate
Q
EXHIBIT A -1
BEACH CITIES
EWMP /CIMP GROUP
PHASE!
Funding Contributions
PHASE 1 TABLE la. TOTAL COST
m. ri i ri 6 iG - y
Total Cost Y
78,41 Contract Cost a) 24
RB Contract Management Fee (10 %) b) 27,841
Sub -Total Cost a)+( c)b=( 306,255
LACFCD Allocation ( 10 %) [1] c) x 10% = ( d) 30,626
TOTAL COST TO BE DISTRIBUTED c) - ( d) _ ( e) 275,630
Santa Monica Watershed [ 2] 137,815
Dominguez Channel Watershed [ 2] 137,815
Notes
1] The Los Angeles County Flood Control District (LACFCD) has committed to 9 contributing 10% of the Total Cost for their share in the development of the plans. 2] Using tributary land areas, the two watersheds were estimated to have an even split.
PHASE 1 TABLE 1 b. DISTRIBUTION OF TOTAL COST AMONG PARTICIPATING AGENCIES Santa o rica Bay Waters d r
r
Ag 71 a Acres e
justment [3] erg„ Area D rIi'ute Total ,
City 478 of Redondo Beach [3] 2, 2, 90540. 33% 45, 93478.
City of Hermosa Beach 831.51 811.46 11 % 15, 64159.
City of Manhattan Beach [3] 2, 37078. 2, 02040. 26% 35, 88831.
City of Torrance 2, 76313. 2, 76313. 30% 41,8344.
TOTAL 7, 14837. 7, 14706. 100% 137, 93814.
Notes:
3] Adjustments were made to Redondo Beach and Manhattan Beach to subtract the acreage of the Wylie Sump.
PHASE 1 TABLE lc. DISTRIBUTION OF TOTAL COST AMONG PARTICIPATING A Dgomin uez Chan 1 Water ed
r
A Acres Ad st 4 5 Percen f Arses Distributed Total Cyst City of Redondo Beach 1, 61217. 1, 97215. 17% 23, 54428.
City of Hermosa Beach 0.00 0.00 0% 0.00
City of Manhattan Beach 350.07 350.07 5% 6, 93752.
City of Torrance 11, 79056. 5, 31578. 78% 107, 4633.
o
TOTAL 12, 47624. 7, 35144. 100% 137, 93814.
Notes
4] Adjustments were made to Redondo Beach and Torrance to subtract the acreage of Machado Lake. 5] Adjustment was made to Torrance to subtract the acreage of the Ocean and Bishop Montgomery basins.
PHASE 1 TABLE 1d. DISTRIBUTION OF TOTAL COST AMONG PARTICIPATING AGENCIES Combined Ss MBa end Dominguez ls
genc ' Acres Juste i
MMRS.— Area n Di tribua ost
11 Total,,.
City of Redondo Beach 3,8 3, 8756. 19% 68,907
City of Hermosa Beach 831.51 811.46 4% 15,160
City of Manhattan Beach 2, 44428. 2, 09390. 12% 42,585
City of Torrance 13, 55370. 7, 07892. 65% 148,978
LACFCD N/A N/A 30,626
TOTAL 20, 61461. 14, 49850. 100% 306,255
OF EOONb Q . PO Sc
VOI1Y ATfORNEYS
C- 1312 -154 -1 st
O P;
0 EXHIBIT A -1
BEACH CITIES
EWMP /CIMP GROUP
PHASE!!
Funding Contributions
Phase 11 TABLE lc. TOTAL COST
1<Hfif Cry
a ? a Ey 7
2 z . aw':
e .
118 C# rl
m .,,,,., total 115 r
Contract Cost
RB Contract Manag Fee (10 %) b) 47,941
Sub -Total Cost a) + ( b) _ ( c) 527,351
LACFCD Allocation (10 %) [1] c ) x 10% = ( d) 52, 10735.
TOTAL COST TO BE DISTRIBUTED c) - ( d) _ ( e) 474,616
Santa Monica Watershe [2] 237, 95307.
Dominguez Channel Watershed [2] 2307.37, 95
Notes
1] The Los Angeles County Flood Control District (LACFCD) has committed to contributing 10% of the Total Cost for their share in the development of the plans. 2] Using tributary land areas, the two watersheds were estimated to have an even split.
Phase II TAB LE 1d. DISTRIBUTION OF TOTAL COST AMO PA RTI CIPATING CIES Santa
II
TAB
Say watSr5h r s
ti
NG AGEN
Agan li,,.. y es , 1
t (tstn
a
j3 cent,4fAnra Dt
City o Redondo Beach [ 3] 2 , 50613. 2, 90540. 33% 78, 62311.
City of Hermosa Beach 831.51 811.46 11% 26, 87103.
City of Manhattan Beach [3] 2, 37078. 2, 02040. 26% 61, 07700.
TOTAL
City of Torrance 2, 76313. 2, 76313. 30% 71, 39192.
7, 14837. 7, 14706. 100% 237, 95307.
Notes:
0 3] Adjustments were made to Redondo Beach and Manhattan Beach to subtract the acreage of the Wylie Sump.
Phase It (TABLE 1e. DISTRIBUTIO OF TOTAL COST AMONG PARTICIPATING AGENCIES Dominguez Canhnel Watershed '
y
eni awe .4.. _.. , FAcr Adj} 5lml F ( ttt4]Cos
City of Redondo Beach 1 ,7.261 1, 97215. 17% 40, 35342.
City of Hermosa Beach 0.00 0.00 0% 0.00
City of Manhattan Beach 350.07 350.07 5% 11, 09628.
City of Torrance 11, 79056. 5, 31578. 78% 185, 51337.
TOTAL 12, 47624. 7, 35144. 100% 237, 95307.
Notes
4] Adjustments were made to Redondo Beach and Torrance to subtract the acreage of Machado Lake. 5] AdJustment was made to Torrance to subtract the acreage of the Ocean and Bishop Montgomery basins.
Phase II TABLE 1f. DISTRIBUTION OF TOTAL COST AMONG PARTICIPAING AGENCIES otttibined Santa Mon Sat and i gsztChaattn
T
Ou 1 Totrattce Total
1 ran '-. r
i w
Aged ut ., Amce Adjusted Acr P ofAr ... Distr Total,C Dlstdb RModet AA/ fa r Share City o Roedndo Beach
831.51 811.46 4%
3, 11831. 3, 87756. 19% 118, 98653. 1 ,600 120,254
City of Hermosa Beach 0 27,704
City of Manhattan Beach 2, 44428. 2, 09390. 12% 73 . 16 1 60 674,928
City of Torrance 13, 55370. 7, 07892. 65% 256, 89529. 1,600 161,408 419,538
LACFCD N/A N/A
54,335
TOTAL 20, 61461. 14, 49850. 100% 52773510 8
600
6161,408 696,759
0 o ,
C' 4
pTY4T Y5-
C312- 1154- 3L
trirti I,!
Exhibit A -1
BEACH CITIES
EWMP /CIMP GROUP
Funding Contributions
Table 2. Cost Allocation Formula
AGENCY Cost = Total EWMP&CIMP Cost X Agency Percent of Area Table 2a. Cost Allocation Formula for Phase I Outreach
AGENCY COST = TOTAL PHASE I OUTREACH / 5 (AGENCIES)
0 0
OV PEDOry •
C- 1312 -154-1 Lg`;iD
EXHIBIT A -1
BEACH CITIES
EWMP /CIMP GROUP
Funding Contributions
Phase I Table 3. Invoice Schedule
y x h
rr AgencyyCost e rositSchedule
r genc Total Cost Ja 'y 1 ,201
City of Redondo Beach 68,907 68,907
City of Hermosa Beach 15,160 15,160
City of Manhattan Beach 42,585 42,585
City of Torrance 148,978 148,978
LACFCD 30,626 30,626
TOTAL 306,255 306,255
Phase II Table
f
3a. Invoice Schedule
Agency Cost Deposit Sche
k
F
J/ Ca tal Cost - t
r
u^ an 12015 3
c g K .......e: .......,,.. •... R chi , _.<:.. , Y.f cA .,,,,.. 5.,.0 a.:..... ....; y
v..... ,.. sr
City of Redondo Beach 120,254 120,254
Q City of Hermosa Beach 27,704 27,704
City of Manhattan Beach 74,928 74,928
City of Torrance 419,538 419,538
LACFCD 54,335 54,335
TOTAL 696,759 696,759
0 FpEUOMp' , ,
VG7V 1 Y81
0 C- 1312 -154-1 A
EXHIBIT B -1
BEACH CITIES WMG
EWMP /CIMP GROUP
Responsible Agencies Representative
1. City of Redondo Beach
0 Department of Public Works, Engineering Division
415 Diamond Street
Redondo Beach, CA 90266
Elaine Jeng, P.E.
E -mail: elaine. ciredondo.jenq( orq
Phone: (310) 318 -0661 x2279
Fax: (310) 374 -4828
2. City of Hermosa Beach
Department of Public Works
1315 Valley Drive
Hermosa Beach, CA 90254
Homayoun Behboodi
E -mail: hbhboodi
Phone: (310) 318 -0212
Fax: (310) 937 -5015
3. City of Manhattan Beach
Department of Public Works
1400 Highland Avenue
0 Manhattan Beach, CA 90266
Raul Saenz
E -mail: rsaenz( citymb.ainfo
Phone: (310) 802 -5315
Fax: (310) 802 -5314
4. City of Torrance
Department of Public Works
20500 Madronna Avenue
Torrance, CA 90503
John C. Dettle, P.E.
E -mail: jdettle(a TorranceCA.gov
Phone: (310) 618 -3059
Fax: (310) 781 -6902
5. Los Angeles County Flood Control District
Department of Public Works
Watershed Management Division, 11 Floor
900 South Fremont Avenue
0 Of PEOOh ..
C- 1312 -154 -1 VF /
Alhambra, CA 91803
Angela George
E -mail: ageorge@dpw. govlacounty.
Phone: (626) 458 -4300
Fax: (626) 457 -1526
0 0
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