South Gate City Council
February 13, 2024

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, February 13, 2024 at
6:30 p.m.

AMENDED

SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
DIAL-IN-NUMBER: 1 (669) 900-6833
MEETING ID: 871 5768 5860
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TO ADDRESS THE CITY COUNCIL PRESS *9 TO RAISE YOUR
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Call to Order/Roll Call With Invocation & Pledge

CALL TO ORDER:

Gil Hurtado, Mayor
INVOCATION:

Pastor Bobby Scott, Community of Faith Bible Church
PLEDGE OF ALLEGIANCE:

Arturo Cervantes, Assistant City Manager/Public Works Director ROLL CALL:

Yodit Glaze, City Clerk
City Officials

MAYOR CITY CLERK
Gil Hurtado Yodit Glaze

VICE MAYOR CITY TREASURER
Maria Davila Jose De La Paz

COUNCIL MEMBERS CITY MANAGER
1 Maria del Pilar Avalos Robert Houston
Joshua Barron
Al Rios

CITY ATTORNEY
Raul F. Salinas

Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.

Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.

Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.

Emails for public comment received prior to 12pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.

Meeting Compensation Disclosure

Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $790 monthly regardless of the amount of meetings.

Public Hearings- NONE
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment 2 due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.

Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.

Reports And Comments From City Officials

During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.

Consent Calendar Items

Agenda Items
1, 2, 3, 4, 5, 6, 7,
and
8 are Consent Calendar Items. All items including
Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.

Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.

1. Resolution in support of the reinstatement of healthcare workers allegedly terminated improperly, and in support of healthcare workers seeking higher compensation and better working conditions at St. Francis Medical Center

The City Council will consider: (ATTY)
a. Adopting a
Resolution
supporting the reinstatement of the healthcare workers who were allegedly terminated improperly, and in support of healthcare workers seeking higher compensation and better working conditions; and
b. Authorizing the Mayor to execute the Resolution in a form acceptable to the City Attorney and directing the City Manager to transmit a copy of the Resolution forthwith to St. Francis Medical Center.

Documents:

Item 1 Report 02-13-24.pdf
2 . Resolution declaring a continued emergency and authorizing repair, replacement or maintenance activities of public Facilities related to the Urban Orchard, City 3 Project No. 539-PRK without public bidding, pursuant to the Emergency Contracting Procedures of the South Gate Municipal Code and the California Public Contract Code

The City Council will consider making a finding and adopting a Resolution
declaring an
emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539- PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code. (PW)
Documents:

Item 2 Report 02-13-24.pdf

3. Resolution approving Amended and Reinstated Joint Powers Agreement with the Los Angeles Area Integrated Waste Management Authority to continue City Membership and approve Amended and Reinstated Joint Powers Agreement

The City Council will consider: (PW)

a. Adopting a
Resolution
approving the Amended and
Reinstated Joint Powers
Agreement
("JPA") with the Los Angeles Area Integrated Waste Management Authority to continue
City membership in the JPA, which has annual membership dues estimated at $41,889;

b. Approving the Amended and Reinstated Joint Powers Agreement;

c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney; and

d. Approving appropriation of $7,483 in Solid Waste Funds to fully fund membership dues for Fiscal Year 2023/24.

Documents:

Item 3 Report 02-13-24.pdf

4. Memorandum of Understanding with Los Angeles County Flood Control District to secure Prop 1 Round 2 Integrated Regional Water Management Implementation Grant Funds for the Water Main Replacement Phase I, City Project No. 689-WTR

The City Council will consider: (PW)
a. Approving the
Memorandum of Understanding
("MOU") with the Los Angeles County
Flood Control District to secure $2,342,400 in Proposition 1 Round 2 Integrated Regional Water Management ("IRWM") Implementation Grant Funds for the Water Main Replacement Phase I, City Project No. 689-WTR;

b. Authorizing the Mayor to execute the Memorandum of Understanding in a form acceptable to the City Attorney;
4 c. Appropriating $2,342,400 in Proposition 1 Round 2 IRWM Implementation Grant Funds to fund the Project; and

d. Authorizing payment to the Los Angeles County Flood Control District of up to $105,408, as required by the Memorandum of Understanding.

Documents:

Item 4 Report 02-13-24.pdf

5. Amendment No. 2 to Contract No. 2023-94-CC with MV Cheng & Associates for temporary professional finance and accounting services

The City Council will consider: (ADMIN SVCS)
a. Approving
Amendment No. 2 to Contract No. 2023-94-CC
with MV Cheng &
Associates,
through June 30, 2024, for temporary professional finance and accounting services in an
amount not-to-exceed $85,000;

b. Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.

Documents:

Item 5 Report 02-13-24.pdf

6. Agreement with Nobel Systems, Inc. to consolidate existing Geographic Information System services

The City Council will consider: (PW)
a. Approving a
Professional Services Agreement
with Nobel Systems, Inc., to
consolidate
existing Geographic Information System ("GIS") services under one agreement, as well as
to expand services to enhance the Field Operations Division's GIS- based Service Request
System, in an amount-not-to-exceed $685,500 for a term of five (5) years with the provision
to extend for two additional years;

b. Appropriating $27,300 in Water Funds, $12,100 in Gas Tax Funds, and $20,000 in General
Funds for Fiscal Year 2023/24 services; and

c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

Documents:

Item 6 Report 02-13-24.pdf

7. Agreement with Syntech Systems, Inc. for the installation of Fuel Management System at City facilities

5 The City Council will consider: (PW)
a. Approving a 3-year
Agreement
with Syntech Systems Inc. for the installation of fuel
management systems at the Public Works Corporate Yard, Parks Yard, and Police Station, for an amount not-to-exceed $124,460;

b. Approve an appropriation of $6,156 from Fleet Management Funds;

c. Authorize the Mayor to execute the Agreement in a form acceptable to the City Attorney; and

d. Rescinding a prior award by the City Council on April 26 2022 to E.J. Ward in the amount of $165,420 based on the contractor's failure to execute a similar agreement.

Documents:

Item 7 Report 02-13-24.pdf

8. Minutes

The City Council will consider: (CLERKS)
a. Approving the Special and Regular Meeting minutes of December 12, 2023;

b. Approving the Special and Regular Meeting minutes of January 9, 2024; and

c. Approving the Special and Regular Meeting minutes of January 23, 2024.

Documents:

Item 8 Report 02-13-24.pdf
Reports, Recommendations And Requests

9. Receive and File presentation of the Tweedy Mile Complete Streets Project, City Project No. 614-ST, Federal Project No. ATPL-5257(039)

The City Council will consider receiving and filing a presentation of the Tweedy Mile Complete Street Project, City Project No. 614-ST, Federal Project No. ATPL-5257(039) and collect public input. (PW)
Documents:

Item 9 Report 02-13-24.pdf

10. Approve warrant register for February 13, 2024

The City Council will consider approving the Warrants and Cancellations for February 13, 2024: (ADMIN SVCS)

Total of Checks: $5,732,792.81
6 Voids: ($

0.00 )
Total Payroll Deductions:
($ 752,181.92)
Grand Total: $4,980,610.59

Cancellations: 104495

Documents:

Item 10 Report 02-13-24.pdf

11. Removing a Parks and Recreation Commission Appointee and Directing staff to advertise Vacancies

The City Council will consider: (CLERKS)
a. Approving a motion by Council Member Maria del Pilar Avalos to remove her appointee,
Adolfo Varas as Commissioner from the Parks & Recreation Commission; this motion
must be approved by the City Council with a four-fifths vote; and b. Directing the City Clerk to open the application process to fill vacancies in the Parks & Recreation Commission and the Tweedy Mile Advisory Board.

Documents:

Item 11 Report 02-13-2024.pdf
Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on February 8, 2024, at 4:15 p.m., as required by law.

Yodit Glaze
City Clerk

GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.

MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:

City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any 7 other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.

PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.

Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.

Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.

To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.

STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.

SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
8 glTYMANAGER'SOFFICE Item No. 1
FEB 08 2024
4;.s)<-A, Ci0ofSouthGate

CITY COUNCIL

AGENDA IBTLL
CifflAttortxey:

For the Regular Meeting of: February 13, 2024
Originating Department: City Attorney's Office
SUBJECT: RESOLUTION IN SUPPORT OF THE REINSTATEMENT OF

HEALTHCARE WORKERS ALLEGEDLY TERMINATED IMPROPERLY, AND IN

SUPPORT OF HEALTHCARE WORKERS SEEKING HIGHER COMPENSATION AND BETTER WORKING CONDITIONS AT ST. FRANCIS MEDICAJ, CENTER PURPOSE: To adopt a Resolution in support of the healthcare workers at St. Francis Medical Center in Lynwood, Califoinia. This item was placed on the City Council Agenda at the request of the Mayor, Gil Hurtado.

RECOMMENDED ACTIONS: The City Council will consider:
a. Adopting a Resolution supporting the reinstatement of the healthcare workers who were allegedly terminated improperly, and in support of healthcare workers seeking higher compensation and better working conditions; and
b. Authorizing the Mayor to execute the Resolution in a form acceptable to the City Attorney and directing the City Manager to transmit a copy of the Resolution forthwith to St. Francis Medical Center.

FISCAL IMPACT: None.

ANALYIS: None.

BACKGROUND: St. Francis Medical Center ("SFMC"), based in Lynwood, provides essential medical services at its facility to the entire community of South Gate residents. The City of South Gate ("City") relies on SFMC to provide quality care by employing healthcare workers who are experienced and knowledgeable in their respective medical fields.

The COVID-19 Pandemic left in its wake healthcare workers exhausted, demoralized, and pushed to the brink, causing them to leave the field at record rates. The impact on those workers was paiticularly liarsli given tliat tlie residents of tliis City, a largely Hispanic conununity, statistically experienced higher fatality and deeper impacts from the pandemic. Thus, the City has an interest in monitoring institutions like SFMC because of the essential role they play in the overall community health of the City.
1 9
The City is informed and understands that SFMC has experienced persistent challenges in staffing.

The City is also informed and rinderstands tliat St. Francis Medical Center, as of December 20, 2023, terminated nine healthcare workers, all who served at tremendous personal sacrifice and risk to their own health throughout an unprecedented global pandemic. Thus, it is particularly disconcerting that SFMC may have terminated experienced healthcare workers having deep roots in the community that it serves.

The City believes that its community cannot afford to lose any of these experienced and committed healthcare workers, particularly if the basis for such terminations resulted from engaging in protected union activity, and as such, the City intends to follow and support the effoit by the unions SEIU-UHW and UNAC/UHCP, which have filed Unfair Labor Practice charges on these workers' cases and other additional violations of federal law.

Using the attached Resolution, the City encourages SFMC to goverii itself in accordance with state and federal law and to seek resolution promptly in the handling of the unfair labor charges brought on behalf of the nine workers, and in the way in which it treats and compensates the healthcare workers employed there who so devotedly provide needed and critical care to the residents of South Gate and surrounding communities.

ATTACHMENT: Proposed Resolution
2 10
RESOLUTION NO.

CITY OF SOUTH GATE,

LOS ANGELES COTJNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, IN SUPPORT OF THE REINST ATEMENT OF

HEALTHCARE WORKERS WHO WERE ALLEGEDLY TERMINATED

IMPROPERLY, AND IN SUPPORT OF HEALTHCARE WORKERS

SEEKING HIGHER COMPENSATION AND BETTER WORKING
CONDITIONS AT ST. FRANCIS MEDICAL CENTER
WHEREAS, the service area for health care services provided by St. Francis Medical Center in Lynwood includes the entire community of the City of South Gate; WHEREAS, given the COVID-19 Pandemic left in its wake healthcare workers exhausted, demoralized, and pushed to the brink, causing them to leave the field at record rates, and amidst persistent challenges in staffing, it is particularly disconcerting that a hospital may have terminated experienced healthcare workers having deep roots in the community they serve; WHEREAS, the City is informed and understands that St. Francis Medical Center, as of December 20, 2023, terminated nine healthcare workers, who all served at tremendous personal sacrifice and risk to their own health throughout an unprecedented global pandemic; WHEREAS, the City is informed and understands that these nine frontline caregivers have been visible in exercising their constitutionally protected rights to organize; WHEREAS, the City believes that its community cannot afford to lose any of these experienced and committed healthcare workers, particularly if the basis for such termination resulted from engaging in protected union activity, and as such, the City intends to follow and support the effort by the unions SEIU-UHW and {JNAC/UHCP, which have filed Unfair Labor Practice charges on these workers' cases and other additional violations of federal law; and WHEREAS, tlie City encorirages St. Francis Medical Center to govein itself in accordance with state and federal law and to seek resolution promptly in the handling of the unfair labor charges brought on behalf of the nine workers, and in the way in which it treats and compensates the healthcare workers employed there, who so devotedly provide needed and critical care to the residents of South Gate and surrounding communities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals are ti'ue and correct ai'id incoiyorated herein by reference.

11 SECTION 2. The City Council does hereby adopt this Resolution and directs that a copy of this Resolution be transmitted by tlie City Manager foithwitli to St. Francis Medical Center.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED, and ADOPTED on this 13th day of February 2024.

CITY OF SOUTH GATE:

B7:

Gil Hurtado, Mayor
ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: kff G, .!.,..@
F. Salinas', City Attorney

12 CIT\MANAGER'S OFFICE
FE8 08 202't
/oa- K>
Ciffl of South Gate
Item No. 2

CITY COUNCIL
AGENDA BT[LL
Department Director:

For the Regul Meeting of:

Department:
o Cervantes
January 23, 2024
Public Works
City Manager: vb';v@
Rob Houston
SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND

AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE URBAN ORCHARD, CITY PROJECT NO. 539-PRK WITHOUT PUBLIC BIDDING, PURSUANT TO THE EMERGENCY

CONTRACTING PROCEDURES OF THE SOUTH GATE MUNICIPAL CODE AND

THE CALIFORNIA PUBLIC CONTRACT CODE
PURPOSE: To declare an emergency still exists and to authorize the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project without public bidding. The Los Angeles County Department of Public Health, Solid Waste Division ("County") issued a Corrective Action Order requiring construction to stop on the project. The declaration of emergency is necessary to streamline the process to procure a replacement contractor to provide maintenance activities to preserve the site in a safe condition iu'itil the County authorizes construction work on the project to resume.

RECOMMENDED ACTIONS: The City Council will consider making a finding and adopting a Resolution declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539- PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code.

FISCAL IMPACT: There is no impact to the General Fund. The Urban Orchard Project ("Project") has received a total of $30.5 million in grant and other funds for design, construction, operations, and maintenance, as summarized below, inclusive of a $5,000,000 grant from Caltrans.

ANALYSIS: The Project was under construction and approximately 80% of construction work has been completed. On December 29, 2022, the City received a Corective Action Order ("Order") from the County. The Order required the City to stop all construction activities until such a time as a Post Closure Land Use Plan ("PCLUP") for the Project site was approved by the County. Given the PCLUP approval process and input received to date, it will take at least several months, possibly six or more, to obtain approval.

To avoid the significant delay damages that would be payable by the City to the general contractor during a prolonged suspension of the project pending approval of the PCLUP, the City 1 13
Council terminated the general contractor's agreement at a Special City Council meeting on February 6, 2023. Such termination provided both immediate and long-term cost savings to the City but also created an immediate need for the City to retain an interim contractor to perform certain ongoing maintenance and safety activities; a need which must be met sooner than the time necessary to engage in normal public bidding procedures The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code 53 1.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due to the public's safety with an unfinished construction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff is recommending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resolution, (1) declares an emergency, (2) authorizes the City Manager to take such actions deemed necessary to cause the maintenance activities to be performed and to procure the necessary equipment, services, and supplies all without giving notice for bids for contracts, (3) requires that at each regularly scheduled City Council Meeting, the City Manager present to the Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids, why that action is necessary to respond to the emergency, and that the City Council review the emergency action to determine, by a four-fi:[th's vote, that there is a need to continue the emergency action until the emergency action is terminated.

The City is working diligently to secure the PCLUP approval. The process has been initiated with the submittal of technical documents such as the Workplan for interim measures and a Summary of Site Investigation, and the City continues to address the requirements imposed by the County.

Since the original Resolution declaring an emergency was approved by the City Council on February 6, 2023, the following contracts, expenditures, and milestones have been undertaken:
1, NR Development Inc., was informed that Contract No. 2021-66-CC was terminated by the City Council effective February 13, 2023, except for maintenance activities. Staff met with NR Development Inc., to discuss the steps to close out construction activities and continue maintenance activities. As of February 16, 2023, NR Development Inc., is no longer providing any project services or maintenance activities.

2. City forces provided maintenance services on the site. The site was secured with perimeter fencing and security contract services.

3. Coordination with the Trust for Public Land ("TPL") to complete the process to prepare the technical documents necessary to secure a replacement contractor was completed. Preliminarily selected a recommended interim contractor; conducted a field review; and received a fee proposal for the interim maintenance and construction activities approved by the Local Enforcement Agency ("LEA"). Received a proposal from the contractor and have begun negotiations.
2 14

4. Submitted to the LEA the Summary of Investigations Report, Workplan of Interim Control Measures ("WICM"), Supplemental WICM and Phase II Workplan. Received approval of the WICM and conditional approval of the Phase II Workplan. Submitted a revised WICM as requested by the LEA. Submitted the revised Phase II Workplan on April 18, 2023. On May 9, 2023, the LEA approved the Revised WICM for which the safety measures were implemented by May 12, 2023.

5. Approved a funding increase for TPL in the amount of $50,000. On January 24, 2023, the City Council approved a $250,000 budget for Amendment No. 6 to Contract No. 3352 with TPL, however, Amendment No. 6 had a budget requirement of $300,000. A budget increase of $50,000 was administratively approved to align the amount of the budget authority with the $300,000 budget requirement for Amendment No. 6, which provides funding for the technical services required to comply with requirements from the LEA.
6, A bid was received from LA Engineering to complete the construction of maintenance activities in the WICM approved by the LEA for the Urban Orchard Project. A construction contract in the amount of $2,919,248 was executed administratively under the authority granted by the subject resolution.

7. Construction work began on the scope of work approved in the WICM. Progress to date includes completing backfill of overflow structure at the south wetland, completing the north wetland slope stabilization, backfill of the reservoir, construction of the easement road, and boarding up the education and maintenance buildings.

Construction is substantially complete for the work adjacent to the Bandini Channel.

Pending work includes completion of the electrical distribution system, and the installation of the security cameras. Construction of the WICM is scheduled to be completed in mid-February 2024.

8. Methane gas monitoring began as of June 2023 and was completed in December 2023.

There are 16 probes throughout the 7-acre site. One probe has detected low traces of methane; however, the amount is below regulatory requirements. A preliminary meeting was held with the LEA to review the results and discuss next steps. The City's consultant has submitted a final report. Comments are expected between 30 to 60 days.

BACKGROUND: The Project is a part of the FY 2022/23 Capital Improvement Program. The Project is located between the Los Angeles River, Firestone Boulevard, the Thunderbird Villa Mobile Home Park, and the I-710 Freeway. Two primary purposes of the Project are to divert and treat storm water run-off from the Los Angeles River and provide recreation opportunities to South Gate residents.

The Project is being constructed on a property that was used as an unpermitted landfill until 1949 by an entity known as Southeastern Disposal and By-Products. The property site is identified in CalRecycle's Solid Waste Information System ("SWIS") as an Unpermitted Closed Solid Waste Disposal Site and SWIS No. 19-AA-5545. In 1984, the State of California Department of Health Services, Toxic Substances Control Division concluded that the clean-up work completed effectively mitigated waste constituents to proceed with the Lewis Homes residential 3 15
development project. The requirements of the PCLUP came into effect in 1988. As such, the project site is subject to State solid waste regulations that require the PCLUP before any change to the current land use, construction, or land preparation can occur.

The Los Angeles County Department of Public Health, Solid Waste Management Program, acts as the LEA for the State of California's Department of Resources Recycling and Recovery ("CalRecycle"). The County is authorized by Division 30 of the Public Resources Code ("PRC"), Section 43209 and 45000, Title 14 and 27 of the California Code of Regulations (14 CCR & 27 CCR), to enforce applicable solid waste regulations and to ensure solid waste sites meet the state minimum standards within the County of Los Angeles. As such, the City is working with the LEA to obtain approval of the PCLUP.

Construction is currently at the 80% completion stage. Improvements that have been substantially completed include, but are not limited to, rough grading, drop inlet for storm water diversion structures in the Bandini Charu'iel, a wetland overlook area, the stream adjacent to the education/flexible space building and wetland, south bio swale, construction of 18 raised planters, planting of 75 trees, installation of the prefabricated education center and the restroorn/maintenance building, two shade structures, a water element at the playground, installation of multi-use walking and bicycle pathways, exercise equipment located at various stages along the walking and bicycle paths, benches, picnic tables, drinking fountains, trash cans, and pathway lighting. The total estimated cost of improvements completed to date is over $12 million.

The Project has received the listed grants. The process has begun to enter into an agreement with Caltrans to receive an additional $5 million for a grand total of $30.5 million.

Grants Amount Grant Recipient
State Water Resource Control Board (Prop 1) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000 Los Angeles County Flood Control District $530,000 Safe Clean Water- Municipal Funds $1,435,401
Safe Clean Water- Regional Funds $5,438,000
State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
Caltrans $5,000,000
Rivers and Mountains Conservancy Funds $4,404,798 TPL Private Donations $90,000
Total $30,506,161
ATTACHMENT: Proposed Resolution
GD:lc
4 16
Attachment A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, ST ATE OF CALIFORNIA, DECLARING AN EMERGENCY STILL

EXISTS AND AUTHORIZING REPAIR, REPLACEMENT OR

MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO

THE URBAN ORCHARD PROJECT WITHOUT PUBLIC BIDDING,

PURSUANT TO THE EMERGENCY CONTRACTING PROCEDURES OF

THE SOUTH GATE MUNICIPAL CODE AND THE CALIFORNIA

PUBLIC CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; WHEREAS, construction activities at the Project site began on August 2, 2021, and have reached the eighty percent completion stage, but the Project will require several more months of work before it is complete;
WHEREAS, the City has received notice from the Los Angeles County Department of Public Health, Solid Waste Management Program ("County"), demanding that the City immediately cease all construction work on the Project until such time that a Post Closure Land Use Plan ("PCLUP") is submitted to the County for approval before any change to the current land use, constniction, or land preparation can occur to comply with the requirements of the California Code of Regulations, Title 27 (27 CCR), Section 21190 (the "Cease and Desist and Corrective Action Order");
WHEREAS, the City has terminated its construction agreement with the contractor, except for the requirement for the contractor to perform certain maintenance activities; WHEREAS, although no construction activities will occur at the Project site until the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be performed at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities"); WHEREAS, at a special meeting of the South Gate City Council ("Councir') held on Monday, February 6, 2023, the Council received information provided by the City's Public Works Department establishing that the City does not have sufficient manpower to perform the Maintenance Activities with its own forces, and that the immediate need for the performance of the Maintenance Activities does not permit a delay that would result from a competitive solicitation for bids; and

17 WHEREAS, the City is working diligently to secure the PCLUP approval. The process has been initiated; the Workplan for interim measures has been approved and construction is scheduled for February 2024; a Summary of Site Investigation has been completed; and the final report has been submitted to the County.

NOW, THEREFOR, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL OF

THE CITY OF SOUTH GATE, CALIFORNIA, HEREBY MAKES THE FOLLOWING FINDINGS:

1. The County's issuance of the Cease and Desist and Corrective Action Order at the current stage of the Project work, coupled with the irnrnediate and ongoing need to perform the Maintenance Activities, has created an emergency for the City with respect to the Project; and

2. The emergency will not permit a delay resulting from a competitive solicitation for bids to perform the Maintenance Activities; and

3. The actions to be taken pursuant to the Resolutions set forth below continue to be necessary to respond to the emergency; and

4. The City is working diligently to secure the PCLUP approval. The process has been initiated withthe submittal oftechnical documents such as the Workplan for interim measures and a Summary of Site Investigation, and the City continues to address the requirements imposed by the County.

NOW, THEREFOR, THE COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals and findings are true and correct and incorporated herein by reference.

SECTION 2: Pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code E§ 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessary to cause the Maintenance Activities to be performed, and to procure the necessary equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and without regard to the dollar amounts of the contracts for such activities, equipment, services and supplies.

SECTION 3: At each regularly scheduled meeting of the Council after the date of the original Resolution, dated February 6, 2023, until :[urther notice from the Council, the City Manager has and shall continue to present to the Council the reasons justifying the emergency, that the emergency declaration will reduce delays and associated costs that would otherwise result from the competitive solicitation for bids and why that action is necessary to respond to the emergency.

SECTION 4. At each such regularly scheduled meeting until the emergency action is terminated, the Council shall review the emergency action to determine, by a four-fi:tth's vote, that there is a need to continue the emergency action.

18 SECTION 5. The Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the Maintenance Activities may be completed by giving notice for bids to let contracts.

SECTION 6. In accordance with the provisions of California Public Contract Code FS) 22050, this Resolution shall only be effective if passed by a four-fifths vote of the Council.

SECTION 7. The City Clerk shall certi:[y to the adoption of this Resolution, which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 13th day of February 2024.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
ATTEST:

B7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

B7:
!ffSa2s,,!AA:r!y

19 CITYMANAGER'S OFFICE Item No. 3
FE8 08 202'l

CITY COUNCIL
AG-ENIDA BuLIL,
Department Head:

For
o Cerv
Meeting of: February 13, 2024
Department: Public Works
es RobHouston
SUBJECT: RESOLUTION APPROVING AMENDED AND RESTATED JOINT

POWERS AGREEMENT WITH THE LOS ANGELES AREA INTEGRATED WASTE

MANAGEMENT REGIONAL AGENCY AND APPROV AL OF THE JOINT POWERS

AGREEMENT
PURPOSE: To adopt a Resolution approving the Amended and Reinstated the Joint Powers Agreement with the Los Angeles Area Integrated Waste Management Authority ("LARA") to continue participation.

RECOMMENDED ACTION: The City Council will consider a. Adopting a Resolution approving the Amended and Reinstated Joint Powers Agreement ("JPA") with the Los Angeles Area Integrated Waste Management Authority to continue City membership in the JPA, which has annual membership dues estimated at $41,889; b. Approving the Amended and Reinstated Joint Powers Agreement; c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney; and
d. Approving appropriation of $7,483 in Solid Waste Funds to fully fund membership dues for Fiscal Year 2023/24.

FISCAL IMPACT: There is no impact to the General Fund. Fiscal Year 2023/24 Membership dues are in the amount of $41,889 which will be funded by Solid Waste Funds. A total of $34,406 in Solid Waste Funds is budgeted in the FY 2023/24 Public Works Operating Budget.

An appropriation is needed in the amount of $7,483 to fully fund the FY 2023/24 membersip dues. Membership for future years will be budgeted as a part of the annual fiscal year budgeting process.

ANALYSIS: In 2002, LARA was formed as a Regional Agency to provide cooperative solid waste reporting and program activities to the participating agencies. LARA reported to the State combined disposal and diversion quantities to comply with AB 939.

Currently, LARA reports, as a single entity, the annual regional compliance with AB 939, AB 341, AB 1826 and SB 1383 reporting requirements and works towards the implementation of regional waste reduction and regional recycling diversion programs, including but not limited to l
20 organic programs, and compliance with both existing and similar future regulation and legislation.

Legislation related to solid waste management has changed since the 2002 formation of LARA.

For example, AB 1826 and SB 1383 were passed by the State to increase organics recycling requirements. The Amended and Restated Joint Power Agreement reflects these changes in legislation, specifically new organic waste reduction laws. Further, CalRecycle enforces the implementation of SB 1383 for the State. They have required the City's existing JPA with LARA be updated and amended. The amended JPA will authorize LARA to report, on behalf its member agencies, information related to orgarxics recycling compliance including recent changes to the waste diversion calculation methodology used by CalRecycle as well as several revisions to the original JPA language which is now over twenty years old.

The proposed JPA required membership dues, which are calculated per ton of solid waste disposed of at landfills. For FY 2023/24, the amount is $0.30 cents per ton disposed at landfills in calendar year 2021.

The following highlights the updates made to the JPA:

Existing Agreement Proposed Agreement
LARA will report as a single entity
the annual regional compliance with
AB 939 reporting requirements and
to work towards the implementation
of regional waste reduction and
regional recycling diversion
programs.

LARA will report as a single entity the aru'iual regiorxal compliance with AB 939, AB 341, AB 1826, and SB 1383 reporting requirements and to work towards the implementation of regional waste reduction and
regional recycling diversion programs, including, but not limited to, organics programs and compliance with both existing and similar future regulations and/or legislation; and
LARA will assess the ar'u'iual dues at
$0.15 per ton of the landfill disposal
year 2000 as the base year
The annual fees remain as a per ton methodology and the per ton fee is codified in the Bylaws.

Amendment No. 5 to the Bylaws approved on
September 21, 2023, set the amount of $0.30 per ton of landfill disposal beginning using the most current disposal volumes obtained from CalRecycle.

CalRecycle's most current disposal volumes are from calendar year 2021.

BACKGROUND: CalRecycle approved the formation of LARA for the purpose of meeting the waste reduction mandates set by State Assembly Bill 939. The JPA was originally formed by fourteen (14) members cities in 2002. Currently, LARA is a cortsortium of eighteen (18) cities in Southern California and allows these agencies to combine efforts on programs and waste diversion tonnage to achieve cumulative benchmarks. Some advantages of LARA membership are:
2 21
LARA submits a consolidated report on behalf of its members for all of the 57 Source Reduction & Recycling Element Programs establislied by CalRecycle.

Cities can focus on program implementation rather than numerical compliance.

LARA allows cities to share costs and conduct new "regional level" base year studies, if required.

Provides member cites a unified voice on iSsues and concerns faced by each member.

LARA is allowed to use the average waste diversion and disposal over all cities in the agency, smoothing out fluctuations due to confusion about jurisdictional boundaries or changes in the Disposal Reporting System ("D.R.S.") Offers a low annual fee-based on the latest disposal report from CalRecycle and the D.R.S.

ATTACHMENTS: A. Proposed Resolution (including Exhibit A) B. Contract No. 2082
GD:lc
3 22
Attachment A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOUTH GATE, CALIFORNIA, APPROVING THE AMENDED AND

REINSTATED JOINT POWERS AGREEMENT WITH THE LOS

ANGELES AREA INTEGRATED WASTE MANAGEMENT AUTHORITY WHEREAS, the California Public Resources Code, Sections 40970 through Section 40975 allows cities and counties to form Regional Agencies to implement PRC Division 30, Part 2, Integrated Waste Management Plans, in order to reduce the cost of reporting and tracking of disposal and diversion programs by individual jurisdictions and counties and to increase the diversion of solid waste from disposal facilities; WHEREAS, in 2002, the City entered into a Joint Powers Agreement ("JPA") with 14 agencies to establish a Regional Agency known as the Los Angeles Area Integrated Waste Management Authority ("LARA") to provide cooperative solid waste reporting and program activities to the participating parties;
WHERE AS, the JPA formed LARA for purposes of combining disposal and diversion quantities for determining compliance with the California Integrated Waste Management Act of 1989 and to allow for the efficient operation of diversion programs on a region-wide basis; WHEREAS, State regulatory changes have caused the need to amend and reinstate the JPA to continue meeting program goals and purposes; WHEREAS, LARA reports as a single entity the atu'iual regional compliance with AB 939 reporting requirements and works towards the implementation of regional waste reduction and regional recycling diversion programs; and
WHEREAS, by participating in LARA, the City will be able to meet compliance requirements with AB 939, AB 341, AB 1826, and SB 1383 and will work towards the implementation of regional waste reduction and regional recycling diversion programs including, but not limited to, organics programs and compliance with both existing and similar future regulations and/or legislation.

NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SF,CTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council does hereby approve the Amended and Restated Joint Powers Agreement with the Los Angeles Area Integrated Waste Management Authority (Exhibit A) in its present or substantially similar format.

Page I of 2
4 23
SECTION 3. The City Council does hereby authorize the Mayor to execute the Amended and Restated Joint Powers Agreement with the Los Angeles Area Integrated Waste Management Authority.

SECTION 4. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 13th day of February 2024.

CITY OF SOUTH GATE:

BY:

Gil Hurtado, Mayor
ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:
(E:.'€a2os,4;'

5 24
Exhibit A
Amended and Restated
Joint Powers Agreement
between the following jurisdictions:

1. City of Artesia

2. City of Beverly Hills

3. City of Bradbury
4 , City of Downey
5 . City of Duarte

6. City of Hermosa Beach
7 . City of Hidden Hills

8. City of Los Angeles
9 . City of Lynwood
10 . City of Manhattan Beach
it. City of Palos Verdes Estates

12. City of Pomona

13. City of Rancho Palos Verdes

14. City of Redondo Beach

15. City of Rosemead
16 , City of Sierra Madre
17 . City of South Gate
18 . City of Torrance
Establishing the Los Angeles Area
Integrated Waste Management Authority
25 Amended and Restated Joint Powers Agreement -
Los Angeles Area Integrated Waste Management Authority This Joint Powers Agreement - Los Angeles Area Integrated Waste Management Authority;effective the 13th day of February, 2024, ("Agreement") is made and entered into by andbetween the cities of.

1. Artesia

2. Beverly Hills

3. Bradbury

4. Downey

5. Duarte

6. Hermosa Beach

7. Hidden Hills

8. Los Angeles

9. Lynwood

0. Manhattan Beach

1. Palos Verdes Estates

2. Pomona

3. Rancho Palos Verdes

4. Redondo Beach

5. Rosemead

6. Sierra Madre

7. South Gate

8. Torrance
each a municipal corporation, hereinafter also referred to individually as "Party" and collectivelyas "Parties". 2 26
Whereas, Section 6500, et seq., of tlie California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and
Whereas, the State of California has enacted the California Integrated Waste Management Act of 1989 (AB 939), California Public Resources Code 83 40000 et seq., mandating that municipalities and county unincorporated areas divert material fiaom disposal, and has promulgated regulations promoting material reuse and recycling; and
Whereas, the foregoing Parties to this agreement have the power to provide waste management services including the storage, collection, recycling, and disposal of solid wastes within their respective jurisdictions; and
Whereas, the foregoing Parties desire and agree to form a regiorial agency to repoit as a single entity the annual regional compliance with AB 939, AB 341, AB 1826, and SB 1383 reporting requirements and to work towards the implementation of regional waste reduction and regional recycling diversion programs, including, but not limited to, organics programs and compliance with both existing and similar future regulations and/or legislation; and Whereas, each of the foregoing Parties has a CalRecycle-approved Source Reduction and Recycling Element, a CalRecycle-approved Solid Waste Generation Study, a 3 27
CalRecycle-approved Houseliold Hazardous Waste Element, and a CalRecycle-approved Non-Disposal Facility Element; and
Whereas, on the date above, this agreement was entered into by the Parties to this agreement whereby the Los Angeles Area Integrated Waste Management Authority is established to be a "Regional Agency" entity to provide cooperative solid waste reporting and program activities to the participating parties; and
Whereas, the California Public Resources Code, Sections 40970 through Section 40975 allows cities and counties to form Regional Agencies to implement PRC Division 30, Part 2, Integrated Waste Management Plans, in order to reduce the cost of reporting and tracking of disposal and diversion programs by individual jurisdictions and counties and to increase the diversion of solid waste from disposal facilities; and
Whereas, by this agreement, the Parties hereto wish to enter into this agreement to form a Regional Agency for purposes of combining disposal and diversion quantities for determining compliance with the California Integrated Waste Management Act of 1989 and to allow for the efficient operation of diversion programs on a region-wide basis and hereby authorize the Regional Agency to submit annual reports to CalRecycle on behalf of the Parties regarding the Parties' compliance with Senate Bill 1383 (SB 1383) and corresponding regulations codified in Title 14, Division 7, Chapter 12 of the California Code of Regulations, consistent with the requirements prescribed by CalRecycle; and
4 28
Whereas, the members of the Agency desire to revise the language of the agreement to reflect updated terminology and operating practices;
Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows:

Section 1. Definitions

1. 1 Agreement. This Agreement as it is now exists, or as it may be amended.

1.2 AB 341. Solid Waste: Diversion (Chesbro, Chapter 476, Statutes of 2011).

1.3 AB 939. The California Integrated Waste Management Act of 1989.

1.4 AB 1826. Mandatory Commercial Organics Recycling (Chesbro, Chapter 727, Statutes of 2014).

1.5 Agency/Regional Agency. Los Angeles Area Integrated Waste Management Authority, also referred to as Los Angeles Regional Agency, or LARA, formed pursuant to California Public Resources Code Sections 40970 through 40975 and approved by CalRecycle.

1.6 Agency Staff. Personnel employed by the City of Los Angeles responsible for administration of the kgency that may serve in the capacity of Manager, Executive Director, Administrator, and/or another capacity.

1.7 Annual Report. The report required by the State of California to measure compliance to the provisions ofAB 939, AB 341, AB 1826, and SB 1383.

1.8 Board. Body consisting of a representative designated by the governing body of each member.
5 /O 29

1.9 Bylaws. The rules and regulations document enacted by the Agency to provide a framework for its operation and management.

L.lO CalRecycle. California Department of Resources Recycling and Recovery.

CalRecycle is the successor agency to the California Integrated Waste Management Board (CIWMB).

1.11 Chair/Vice-Chair.BoardrepresentativeselectedbyamajorityvoteoftheBoardwith responsibilities as stated in Section 10.3.

1.12 Fiscal Year. Any year beginning July l and ending June 30.

1.13 HHWE. Household Hazardous Waste Element

1. 14 Jurisdiction. Incorporated Parties who may be Members of the Agency.

1.15 Member/Members. Jurisdictions who are parties to the Agreement.

1.16 NDFE. Non-Disposal Facility Element

1.17 SB 1383. Short-lived Climate Pollutants (SLCP): Organic Waste Reductions (SB 1383 Lara, Chapter 395, Statutes of 2016, and implementing regulations, 14 CCR 18981. 1, et seq.).

1.18 Secretary. Board representative elected by the Board with duties as stated in Section

10.5. 1.19 SRRE. Source Reduction and Recycling Element

1.20 Treasurer. Board representative elected by the Board with duties as stated in Section

10.4. Section 2. Purpose of Agreement
6 30
This Agreement is made and entered into for tlie purpose of forming a Regional Agency pursuant to California Public Resources Code Sections 40970 through 40975, the Regional Agency being established for purposes of combining disposal and diversion quantities for determining compliance with AB 939, to allow for the efficient operation of diversion programs on a region- wide basis as allowed by Members under this agreement, and to allow for the development of Regional Integrated Waste Management Plans including a Source Reduction and Recycling Element, Houseliold Hazardoris Waste Element, and Non-Disposal Facility Element.

The Agency will pool together the resources of its Members as stated in this agreement to provide AB 939 compliance as well as AB 341 and AB 1826 reporting and SB 1383 recordkeeping and repoiting services to the Members. The Agency will be responsible for preparing the annual regional diversion rate calculation for the Regional Agency, and submitting the report to CalRecycle.

The Members enter the agreement with the intent to benefit from the regional programs and regional reporting that the Agency will provide.

Section 3. Term of Agreement
The term of this agreement shall commence on February 13, 2024, and shall continue until amended or terminated pursuant to the terms contained herein. 7 31
Section 4. Powers of the Agency

4. 1 The Agency is authorized to perform the following functions as required by the terms of this Agreement and the bylaws of the Agency:

4.1.1 tomakeandenterintocontracts;

4. 1.2 to apply for and accept grants, advances and contributions;

4. 1.3 to make plans and conduct studies;

4. 1.4 to incur and discharge debts, liabilities and obligations;

4.1.5 to hire agents and employees.

4.2 Such powers shall be exercised subject only to the limitations set foith in this Agreement, applicable law and such restrictions upon the manner of exercising such powers as are imposed by law upon the Members in the exercise of similar powers. In no event do these powers expressly granted restrict the individual power of each Member witli regards to solid waste management under their jurisdiction.

Furthermore, in no event shall the Agency be authorized to exercise any power not expressly granted by this Agreement. The Members hereby designate the City of Los Angeles as the Member required to be designated by Section 6509 of the California Government Code.

Section 5. Responsibilities of the Regional Agency

5. l This Agreement hereby creates and establishes an authority to be known as the "Los Angeles Area Integrated Waste Management Authority". The Authority shall constitute a Regional Agency pursuant to Public Resources Code Section 40973.

Said Agency shall be responsible for compliance with the waste diversion 8 32
requirements set forth in the Public Resources Code, Article l of Chapter 6 (commencing with Section 41780).

5.2 The Agency will be responsible for providing the following services for the benefit of the Members:

5.2. I The Agency will be responsible for preparing the Annual Report with collective information submitted by the Members and submitting the report to CalRecycle;

5.2.2 The Agency will develop standardized database tools for monitoring, tracking, and evaluating implemented jurisdiction-owned/operated diversion programs and make them available to all members;

5.2.3 The Agency will conduct a new "regional level" generation-based diversion study when required by CalRecycle or when a study is needed for a new baseline for its Members;

5.2.4 The Agency will provide legislative and regulatory analysis on pending regulations and legislation for Members;

5.2.5 The Agency will seek grant funding for additional Regional Agency activities.

5.2.6 The Agency will evaluate and disseminate information to Members about innovative waste management/recycling technologies. As directed by the Board and upon available funding, the Agency will conduct additional programs based on additional funding such as but not limited to: cooperative food waste donation for reuse, technical assistance for business recycling, investigate forming cooperative paitnerships to develop additional capacity for processing and/or reuse of materials, and/or pool buying power of Members to lower the cost of recycled-content products.
9 14 33
Section 6. Duties and responsibilities of Member Jurisdictions

6. l Each Member will be responsible for funding and/or implementing programs recommended for implementation in their jurisdiction as adopted in their respective SRRE and for continued support of the associated programs as adopted in their respective HHWE.

6.2 Each Member will also provide funding of tlie %ency for its operation in accordance with Section 9, the implementation of regional programs, and for preparing the annual regional diversion rate calculation for the progress made by the Regional Agency.

6.3 Each Member shall provide the information required for annual report or new base year compilation to the Agency in a timely manner according to the format set foith by the Agency. The annual report information shall include, but not be limited to, all information required byAB 939, AB 341, AB 1826, and SB 1383.

Section 7. Approval of Agreement by CalRecycle
Pursuant to California Public Resources Code Section 40975(a), establishment of a Regional Agency requires authorization from CalRecycle, if CalRecycle finds that the formation of such a Regional Agency will not adversely affect compliarxce with PRC Division 30, Part 2. Integrated Waste Management Plans.

Section 8. Agency Financial Requirements
10 34

8. l The Agency will follow the financial accounting requirements set forth in Government Code Section 6505, Section 6505.1, Section 6505.5, Section 6505.6, Section 6511, and Section 6512, herein incorporated by reference.

8.2 Agency Staff will prepare a budget for each fiscal year and present it to the Board before its approval by the City of Los Angeles. The assets, rights, debts, liabilities and obligations of the Agency shall not constitute assets, rights, debts, liabilities or obligations of any of tlie Members. However, nothing in this Agreement shall prevent any Member from separately contracting for or assuming responsibility for specific debts, liabilities or obligations of the Agency, provided that both the Agency and the Member approve such contract or assumption.

8.3 Payment of Civil Penalties Imposed by CalRecycle - The Members hereby agree that the responsibility for any civil penalties incurred pursuant to AB 939, AB 341, AB 1826, or SB 1383 shall be assigned to the Agency. Should a penalty be assessed against the Agency for non-compliance after all administrative remedies are exhausted; the Members hereby authorize the Agency to allocate responsibility to the Members based upon equal division of the monetary fine between all of the participating Members. Any modification to this basis for determining responsibility for any civil penalties will be codified in the operating Bylaws.

Section 9. Funding

9. l Members shall not be assessed the startup costs for the Agency of approximately $150,000, which have been borne by the City of Los Angeles. As a Member, the City 11 35
of Los Angeles will contribute existirig staff and resorirces totaling approximately $300,000 per year to the Agency.

9.2 The City of Los Angeles will provide $100,000 annually towards a new base year study to be prepared no less than three years but within five years from the original formation of the Agency.

9.3 Funding will be provided by each additional Member assessed as a fee per ton of the Member's landfill disposal. The fee will be codified in the Agency Bylaws and is subject to adjustments as directed by the Board. This fee will be due at the beginning of each fiscal year.

Section 10. Structure of the Agency

10. l Agency Staff. The City of Los Angeles shall employ staff for the Agency. Agency Staff s]'iall, upon direction by tl'ie Board, plan, organize, and direct the administration and operations of the Agency, shall advise the Chair/Vice-Chair on policy matters, shall develop Agency budgets, shall reply to communications on behalf of the %ency, shall attend meetings of the Board, and carry out other duties as needed.

10.2 Board. The Board of the Los Angeles Area Integrated Waste Management Authority shall be comprised of a representative from each of the Members. The Board shall malce all policy decisions on belialf of the Agency, review and approve budgets, and decide the disbursement of discretionary funds collected under Section 9.3.

10.3 Chair and Vice-Chair. The officers of the Board shall include a Chair and Vice-Chair elected by a majority vote of Members. Their duties are to: Preside over 12 36
all meetings of tlie Board; Appoint all ad hoc committees subject to ratification by the Board; act as ex-officio members of all ad hoc committees.

10.4 Treasurer. The officers of the Board shall include a Treasurer elected by a majority vote of Members. His/her duties are to lead in the preparation and submission of Agency budgets to the Board and monitor expenditures with the assistance of the Agency administrative staff.

10.5 Secretary. The officers of the Board shall include a Secretary elected by a majority vote of the Members. His/her duties are to record attendance at all Agency meetings and keep a record of vote tallies when votes are taken by roll call.

10.6 Committees. Committees, subcommittees, and ad hoc committees shall be at the discretion of the Chair subject to ratification by the Board. The Chair may appoint any individual deemed qualified to serve on a Committee.

10.7 Meetings. Tlie Board will hold regular meetings, at a minimum, on a quarterly basis.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code.

10.8 Brown Act. All meetings of the Board shall be held subject to the provisions of the California Ralph M. Brown Act (Sections 54950 et seq. of the California Government Code) and other applicable laws of the State of California.

10.9 Minutes. Agency staff shall cause minutes of all meetings of the Board to be kept and shall, after each meeting, cause a copy of the minutes to be forwarded to eacl'i Member.

Section 11. Addition of New Member Jurisdictions
13 37

11. I The Agency will have tlie autliority through an action by the Board to add New Member Jurisdictions to the Agency without modification to the existing Agreement by the amendment of Attachment(s) to this Agreement. Attachment(s) shall list the Member Jurisdictions and contain additional signature pages for each New Member.

Each New Member shall have equal rights and responsibilities of all Members.

11.2 New members must apply to the Board in writing no less than 90 days before the end of eacli fiscal year to be considered for membership.

11.3 New Members will be assessed a prorated share of assets held by the Agency such as the reserve fund.

Section 12. Withdrawal and Termination

12. 1 Any Member may voluntarily withdraw from this Agreement by filing with the Agency a written notice to witlidraw no less tlian one liundred eighty (180) days prior to the close of the Agency's fiscal year.

12.2 A Jurisdiction's participation and membership may be terminated by the Agericy for non-performance of its responsibilities and/or duties required under Sections 6. 1, 6.2, and 6.3 of this Agreement. A vote by a majority of the Members is needed to terminate the agreement with respect to a Jurisdiction. When terminated, the Jurisdiction and CalRecycle will be notified in writing of the action on behalf of the Agency and all funds received by the Agency for the remainder of the current fiscal year after termination will be refunded to the Jurisdiction after deducting any applicable expenses.
14 38

12.3 The witlidrawing Jurisdiction shall also continue to be liable for its share of Agency obligations, including, but not limited to, operations costs and the General Budget, until the effective date of its withdrawal.

12.4 This Agreement may be terminated at any time by a written concurrence of a two-thirds (2/3) vote of the Board. Procedures for termination of the Agreement will be codified in the operating Bylaws.

Section 13. Jurisdictional Responsibility Upon Termination In the eyent that this Agreement is terminated, individual Jurisdictions will assume responsibility for a share of any civil penalties incurred by the Agency during the term of the Jurisdiction as a Member. Jurisdictions will also be responsible individually for any civil penalties incurred individually. If this Agreement is terminated, each Jurisdiction will assume responsibility for compiling their own disposal information from liaulers and facility operators for compliance with the monitoring and reporting system required pursuant to PRC Sections 41780, 41821.5, 42652.5, and 42653, and implementing regulations 14 CCR 18981. 1 et seq., unless a subsequent regional agency formation agreement is approved specifically for this purpose. Each Jurisdiction is still responsible for the implementation of the programs described in their respective portion of the annual report including, but not limited to, programs responsive to AB 939, AB 341, AB 1826, and SB 1383.

Section 14. Member Jurisdiction SRRE Implementation Each Member of the Agency is responsible for and shall continue to implement diversion programs in their adopted and approved SRRE that are specific to their Jurisdiction. Failure to 15 20 39
implement these programs will provide cause for termination of the Agreement with respect to that Jurisdiction.

Section 15. Contact Persons
The name of the regional agency is the Los Angeles Area Integrated Waste Management Authority. The contact persons for all members are listed in Attachment A. The address and primary contact person is tlie following:

Mr. Alex E. Helou
City of Los Angeles
LA Sanitation and Environment, SRCRD
Los Angeles Regional Agency
1149 S. Broadway, 5th Floor
Los Angeles, CA 90015
Telephone: (213) 485-2260
Section 16. Amendment
This Agreement may be amended or modified at any time, in a manner consistent with and in furtherance of the purposes of this Agreement, with the written consent of a majority of the Member Jurisdictions within the Regional Agency.

Section 17. Indemnification
Pursuant to Government Code Section 895.4, the Parties agree as follows:
16 40

17.1 Each Member Jurisdiction shall indemnify, defend and hold liarmless the City of Los Angeles, the other Member Jurisdictions, the Agency, and their officers, agents and employees, from and against any and all claims, expenses, liability or damage arising out of injury to persons, loss of life, or damage to property which are attributable to any activity of that Member Jurisdiction or of any other person acting under authority of that Member Jurisdiction which results from activities conducted on behalf of the Agency.

17.2 The City of Los Angeles and the Agency shall indemnify, defend and hold harmless each Member Jurisdiction and its officers, agents and employees, from and against any and all claims, expenses, liability or damage arising out of injury to persons, loss of life, or damage to property which are attributable to any authorized activity of Agency, or of any other person acting under authority of Agency.

Section 18. Miscellaneous Provisions

18. l Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties hereto, provided that no Party shall assign any rights, nor delegate any duties provided for hereby without the consent of the other Party.

18.2 Required Actions of the Parties. The Parties hereto agree to execute all such instruments and documents and to take all actions as may be required in order to consummate the transactions herein contemplated.

18.3 Entire Agreement. This Agreement contains the entire agreement between tlie parties hereto with respect to the subject matter hereof, and thereby supersedes all 17 22
41 prior understandings and agreements, if any, with respect thereto, whether written or oral. No additiorx or modification of any term or provision shall be effective unless set forth in writing, signed by the Parties hereto.

18.4 Time of the Essence. Time is of the essence of each and every term, condition, obligation, and provision thereof.

18.5 Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be delivered personally (includirig by means of professional messenger service) or sent by electronic mail or other electronic means or express mail or registered mail or ceitified mail, return receipt reqciested. Notices delivered personally or by express mail shall be considered given when received. Notices sent by registered or certified mail shall be considered given two (2) business days after deposit in the United States mail, postage prepaid, addressed to the person to receive SLICII notice. Notices sent by electroriic mail or other electronic means sliall be considered given two (2) business days after sending.

18.6 Notices shall be addressed as appears below for the Agency, and as listed in the Attachment(s) for each paity, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as deinanded in that notice.

If to Agency: Los Angeles Regional Agency
LA Sanitation and Environment, SRCRD
1149 S. Broadway, 5tli Floor
Los Angeles, CA 90015
18 2'3 42
Attention: Alex E. Helou
[email protected]
With a copy to: LA Sanitation and Environment
1149 S. Broadway, Ste. 900
Los Angeles, CA 90015
Attention: Director
If to Members: Please see Attachment(s)

18.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

18.8 No Waiver. A waiver by any Party of the breach of any of the terms and conditions under this Agreement to be performed by any other Party shall not be construed as a waiyer of any succeeding breach of the same terms and conditions of this Agreement.

18.9 Modifications. Except as expressly allowed in the Agreement, any alteration, change or modification of or to this Agreement, in order to become effective, must be made in writing and in each instance signed on behalf of each Party hereto.

18.10 No Obligations to Third Parties. Except as otherwise expressly provided herein, the provisions of this Agreement are intended to be solely for the benefit of the Parties hereto, and execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the Paities hereunder, to any person or entity other 19 24-
43 tlian the Parties hereto.
[BALANCE OF PAGE INTENTIONALLY BLANK - SIGNATURES FOLLOWI 20 44
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
Dated:

ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
APPROVE,D AS TO FOR!VI:

By:

Si7.s4ii2oc'o'rnSey@'
5H6863 1-L235 0 (Fonri Rev 9/8/21)
2k 45

ATTACHMENT A
A:'ITACI-IME:NT 2
Be it kbiowti that.at tjic '2nd Quarter Mcc€irig of- thq toe Arigeles. Regtpnsl Agency osi June i.g, 2014, a inotion to amept k (:ity ot-.DoWncy us the 10"' tnetiib+>ror ttie I,,o.q AiiHetes Regioim] Agen'cy has been put fon)i on'ttie table,, xcoti<k'd and put tlia'ough a vote. The rnotion'carried unaiiimoitslj. a T'ticrcforc, (hc k8 rncrnbcr,imrisdictions are listed 5cltxv in alpJiabeticaIl omerasofJune 19, 2014 JOjN'T POWF,RS AGF,MENT behveen lhe foitowiJ$ .TutaiSdic€i'oyis:

I A1i"l'F!'14
f BEVISRI,Y HL[,S
} BRADBURY
4 DOW/NBY
5 DUARTE
6 HF,RMOSA BEACH
7 IIIDDEN HILLS
108 -AN(iF%BS8
9 l.YNWOOI)
MANI IA'l'TAN 11&4ACH
PAL(_)S V[5.kl)l-i!'-l_:8'laATUS
10 It
12 poMOM
13 RANCHO PAI,OS VERDE.S
14 REDONDO BEAC-H-
U ROS&'vlEAD
SiERRA MADREIG
17 SOUTli GATE
18 I'ORRANCE
'?-1-it-t
Katen.Coca, t.,ARA l'ixia;iurive !)iye6tor Date
2'} 46

ATT ACHMENT B
Contract No. 2082
Copy Only

JOINT POWERS AGREEMENT
Between the following Jurisdictions:

1. City of Artesia

2. City of Beverly Hills
3, City of Duarte

4. City of Hidden Hills

5. City of Los Angeles

6. City of Lynwood

7. City Manhattan Beach
8, City of Pomona
9, City of Rancho Palos Verdes

10. City of Redondo Beach

11. City ofRosemead
12, City of SierraMadre

13. City of South Gate

14. City of Torrance
Estabfishing the
Los Angeles Area
Integrated Waste Management Authority
47 JOINT POWERS AGREEMENT - LOS ANGELE8 AREA
INTEGRATED WASTE MANAGEMENT AUTHORrTY
THIS JOINT POWERS AGREEMENT - Los Angeles Area :[ntegrated Waste Management Authority; effective the day of ,
("Agreement") is made and entered into by and between the Cities of:
8, City of Pomona
g. City of Rancho Palos Verdes

10. City of Redondo Beach
11, City of Rosemead
12, City of Sierra Madre
13, City of South Gate

14. City of Torrance

1. City of Artesia

2. City of Beverly Hills

3. City of Duarte
4, City of Hidden Hills

5. City of Los Angeles

6. City of Lynwood

7. City Manhattan Beach
each a municipal corporation, hereinafter also referred to individually as "Party" and collectively as "Parties".

Whereas, Section 6500, ffl.i of the California Governinent Code (Title 1, Division 7, Chapter s, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and
Whereas, the State of California has enacted the California Integrated Waste Management Act of 1989 (AB 939), California Public Resources Code § 40000 et ., mandating that Printed on Recycled Coriterit Paper
I
2" 48
municipalities and county unincorporated areas divert material :trom disposal, and has promulgated regulations promoting material reuse and recycling; and Whereas, the foregoing Paities to this agreement have the power to provide waste management services including the storage, collection, recycling, and disposal of solid wastes within their respective jurisdictions; arid
Whereas, the foregoing Parties desire and agree to form a regional agency to report as a single entity the annual regional compliance with AB 939 reporting requirements and to work towaids the implementation of regional waste reduction and regional recycling diversion programs; and Whereas, each of the foregoing Parties has a California Integrated Waste Management Board approved Source Reduction and Recycling Element, a California Integrated Waste Management Board approved Solid Waste Generation Study, a Califoiuia Integrated Waste Management Board approved Household Hazardous Waste Element, arid a California Integrated Waste Management Board approved Non-Disposal Facility Element; and Whereas, on the date above, tbis agreement was entered into by the Parties to this agreeinent whereby the Los Angeles Area Integrated Waste Management Authority is established to be a "Regional Agency" entity to provide cooperative solid waste reporting and program activities to theparticipatingparties; and
Whereas, the California Public Resources Code, Sections 40970 through Section 40975 allows cities and counties to fortn Regional Agencies to implement PRC Division 30, Part 2, Integrated i)rinted on Recycled Content Papei
2 3€) 49
Waste Management Plans, in order to reduce the cost of reporting and tracking of disposal and diversion programs by individual jurisdictions arid counties and to increase the diversion of solid waste from disposal facilities; and
Whereas, by this agreement, the paities hereto wish to enter into this agreement to form a Regional Agency for purposes of combining disposal and diversion quantities for determining compliaiice with the California Integrated Waste Management Act of 1989 and to allow for the efficient operation of diversion programs on a region-wide basis; and Now, therefore, in consideration of the mutual promises and agreements herein contained, the partieahereto agree as follows:

Section 1. Definitions
A. Agreement. This agreement as it is now exists, or as it may be amended.

B, AB 939. The California Integrated Waste Management Act of 1989.

C. Agency/Regional Agency. Los Angeles Area Integrated Waste Management Authority, formed pursuant to California Public Resources Code Sections 40970 tbrough 40975 and approved by the CIWMB.

D. Annual Report. The rcport required by the State of California to measure compliance to the provisions of AB 939.

E. Board. Body consisting of a representative designated by the governing body of each member,
F. Chair/Vice-Chair. Members elected by a majority vote of the Board with responsibilities AS stated Section 10.3.

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G. CIWMB. California Integrated Waste Management Board.

H. Fiscal Year. Any year beginning July I and ending June 30.

I. HHWE. Household Hazardous Waste Blement
J, Jurisdiction. Incorporated Parties who may be Members of the Agency.

K. Manager. Individual responsible for the administration of the Agency, L. Member/Members. Jurisdictions who are parties to the Agreement.

M. NDFE. Non-Disposal Facility Element
N. SRRE. Source Reduction and Recycling Element

0. Treasurer. Member elected by the Board with duties as stated in Section 10,3, Section 2. Purpose of Agreement
This Agreement is made and entered into for the purpose of forming a Regional Agency pursuant to California PubHc Resources Code Sections 40970 through 40975, the Regional Agency being established for purposes of combining disposal and diversion quantities for determining compliance with AB 939, to allow for the efficient operation of diversion programs on a region- wide basis as allowed by Members under this agreement, and to allow for the development of Regional Integrated Waste Management Plans including a Source Reduction and Recycling Element, Household Hazardous Waste Element, andNon-Disposal FacilityElement, The Agency will pool together the resources of its Members as stated in tis agreement to provide AB 939 compliance to the residents and businesses of all who participate under a single umbrella organization. The Agency will be responsible for preparing the annual regional diversion rate calculation for the Regional Agency, and submitting the report to the CIWMB.

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The Members enter the agreement with the intent to benefit from the regional programs and regional reporting that the Agency will provide.

Section 3. Term of Agreement
The term of this agreement shall commence on and shall continue until amended or teiminated pursuant to the terms contained herein.

Section 4. Powers of the Agency

4.1 The Agency is authorized to perform the following functions as required by the terms of this Agreement and the by-laws of the Agency:
a) to make and enter into contracts;
b) to apply for and accept grants, advances and contributions; c) to make plans and conduct studies;
d) to incur and discharge debts, liabilities and obligations; e) to hire agents and employees.
4,2 Such powers shall be exercised subject only to the limitations set forth in this Agrement, applicable law and such restrictions upon the manner of exercising such powers as are imposed by law upon the Members in the exercise of similar powers, hi no event do these powers expressly granted restrict the individual power of each Member with regards to solid waste managemerxt under their jurisdiction, Furthermore, in no event shall the Agency be authorized to exercise any power not expressly granted by this Agreement.

The Members hereby designate the City of Los Angeles as the Member required to be designated by Section 6509 of the California Government Code.

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Section 5. Responsibilities of the Regional Agency

5.1 This Agreement hereby creates and establishes an authority to be la'iown as the "Los Angeles Area Integrated Waste Management Authority", The Authority shall constitute a Regional Agency pursuant to Public Resources Code Section 40973. Said Agency shall be responsible for compliance with the waste diversion requirements set forth in the Public Resources Code, Article I of Chapter 6 (commencing with Section 41780). 5,2 The Agency will be responsible for providing the following services for the benefit of the Members:
a) The Agency will be responsible for preiparing the Annual Report with collective information submitted by the Members and submitting the report to the CIWMB; b) The Agency will prepare the annual collective diversion rate calculation for all Members;
c) The Agency will develop standardized database tools for monitoring, tracking, and evaluating implemented jurisdiction owned / operated diversion programs and make them available to all members;
d) The Agency will conduct a new "regional level" generation based diversion study when required by the CIWMB or when a study is needed for a new baseline for its Members;
e) The Agency will provide legislative and ragulatory analysis on pending regulations and legislation for Members;
f) The Agency will seelc grant fundirxg for additional Regional Agency activities. g) The Agency will evaluate and disseminate information to Members about innovative waste management/recychng technologies.

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6 M 53
As directed by the Board and upon available funding, the Agency will conduct additional programs based on additional funding such as but not limited to: cooperative food waste donation for reuse, technical assistance for business recycling, investigate foring cooperative partnersbips to develop additional capacity for processing and/or reuse of materials and/or to pool buying power of Members to lower the cost of recycled content products.

Section 6. Duties and responsibilities of Member Jurisdictions 6,1 Each Member will be responsible for funding and/or implementing prograins recommended for implementation in their jurisdiction as adopted in their respective SRRE and for continued support of the associated programs as adopted in their respective HHWE.

6.2 Each Member will also provide funding of the Agency for its operation in accordance with Section 9, the implementation of regional programs, and for preparing the annual regional diversionrate calculation for theprogress made by the Regional Agency,

6.3 Each Member shall provide tJhe information required for annual report or new base year compilation to the Agency in a timely manner according to the fortnat set forlh by the Agency.

Section 7. Approval of Agreement by the California Integrated Waste Management Board
Pursuant to Califomia Public Resources Code Sectiori 40975(A), establishment of a Regional Agency requires authorization from the California Integrated Waste Management Board, if the Board finds that the formation of such a Regional Agency will not adversely affect compliance with PRC Division 30, Pmt 2. hitegrated Waste Management Plans, Printed on Recycled Coi'itent Paper
7 54
Section 8. Agency Financial Requirements
8,1 The Agency will follow the financial accounting requirements set forth in Government Code Section 6505, Section 6505.1, Section 6505.5, Section 6505.6, Sectiori 6511, and Section 6512, herein incorporated byreference.

8.2 The Manager will prepare a budget for each fiscal year and present it to the Board before its approval by the City of Los Angeles, The a8sets, rights, debts, liabilities and obligations of the Agency shall not constitute assets, rights, debts, liabilities or obligations of any of tl'ie Members. However, nothing in this Agreement shall prevent any Member from separately contracting for or assuming responsibility for specific debts, liabilities or obligations of the Agency, provided for that both the Agency and the Member approve such contract or assumption.
8,3 Payment of Civil Penalties Imposed by the California mtegrated Waste Management Board (CIWMB) The Members hereby agree that the responsibility for any civil penalties incurred pursuant to AB 939 shall be assigned to the Agency. Should a penalty be assessed against the Agency for non-compliance after all administrative remedies are exhausted; the Members hereby authorize the Agency to allocate responsibility to the Members based upon equal division of the monetary fine between all of the participating Members. Any modification to this basis for determining responsibility for any civil penalties will be codified in the operating by-laws.

Section 9. Funding

9.1 Members shall not be assessed the startup costs for the Agency ol' approximately $150,000, which have been borne by the City of Los Angeles. As a Member, the City Printed tin Recycled Conteril Paper
8 36= 55
of Los Angeles will contribute existing staff and resources totaling approximately $300,000 per year to the Agency.
9,2 TheCityofLosAngeleswillprovide$lOO,000annuanytowardsanewbaseyearstudyto be prepared no less than three years but within five years from the commencement of this Agreement.
9,3 Funding will be provided by each additional Member jurisdiction at $0.15 per ton of landfill disposal per year with the year 2000 as the base year, subject to adjustments as directed by the Board. This fee will be due at the beginning of each fiscal year.

Section 10. Structure of the Agency
10,1 Manager, hiitially, the City of Los Angeles shall employ the manager who shall be the Chief Administrative Officer of the Agency. The Manager shall, upon direction by the Board, plan, organize, and direct the adtninistration and operations of the Agency, shall advise the Chair/Vice Chair on policy matters, shall hire and discharge staff, shall develop Agency budgets, shall reply to coinmunications on behalf of the Agency, shall approve payments duly authorized by the Board, shall attend meetings of the Board, and carry out other duties as needed.

10.2 Board. The Board of the Los Angeles Area Integrated Waste Management Authority shall be comprised of a representative from each of the Member jutisdictions. The Board shall malce all policy decisions on behalf of the Agency, review and approve budgets, and decide the disbursement of discyetionary funds collected under Section 9.3.

10.3 The officers of the Board shall include a Chair and Vice-Chair elected by a majority vote of Members. Their duties are to: Preside over all meetings of the Board; Appoint all ad Printed on Recyclerl Cnnterit I)apei
9 JP 56
hoe coinmittees subject to ratification by the Board; act as ex-officio member of all standing ad hoc committees,

10.4 The officers of the Board shall include a Treasurer elected by a majority vote of Members. His/her duties are to lead in the preparation and submission of Agency budgets to the Board and monitor expenditures with the assistance of the Manager and Agency administrative staff.

10.5 Cotnmittees, Committees, subcommittees, and ad hoc committees shall be at the discretion of the Chair subject to ratification by the Board. The Chair may appoint any individual deemed qualified to serve on a Committee, 10,6 Meetings, The Board will hold regular meetings, at a minimum, on a quarterly basis.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 ofthe California Government Code.
10,7 All meetings of the Board shall be held subject to the provisions of the California Ralph M. Brown Act (Sections 54950 et seq. of the California Goverent Code) and other applicable laws of the State of California.

10.8 The Manager shall cause minutes of all meetings of the Board to be kept and shan, after each meeting, cause a copy of the minutes to be fomarded to each member.

Section 11. Addition of New Member Jurisdictions
11,1 TheAgencywillhavetheauthoritythroughanactionbytheBoardtoaddNewMember Jurisdictions to the Agency without modification to the existing Agreement by the amendment of Att.acbment A. Attachment A shall list the Member Jurisdictions and contain additional signature pages for each New Member, EachNew Member shall have equal rights and responsibilities of all Members,
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11,2 New members must apply to the Board no less than 90 days before the end of each fiscal year to be considered for membership.

11.3 NewMemberswillbeassessedaproratedshareofassetsheldbytheAgencysuchasthe reserve fund.

Section 12. Wtthdrawal and Termination

12.1 Any Member may voluntarily withdraw from this Agreement by filing with the Agency a written notice to withdraw no less than one hundred eighty (180) days prior to the close of the Agency's fiscal year,

12.2 A Jurisdiction's participation and membership may be terminated by the Agency for non- performance of its responsibilities and/or duties required under Sections 6.1, 6.2 and 6.3 of this Agreement. A vote by a majority of the Members is needed to terminate the agreement with respect to a Jurisdiction. When tertuinated, the Jurisdiction and the CIWMB will be notified in writing of the action on behalf of the Agency and all funds received by the Agency for the remainder of the current fiscal year after termination will be refunded to the Jurisdiction.

12.3 With the written concurrence of a majority of the Menabers to this Agreement, this Agreement niay be terminated at anytime.

Section 13. Jurisdictional Responsibility Upon Termination In the event that this Agreement is terminated, individual Jurisdictions will assume responsibility for a share of any civil penalties incurred by the Agency during the term of the Jurisdiction as a Member. Jurisdictions will also be responsible individually for any civil penalties incurred individually, If this Agreement is terminated, each Jurisdiction will assume responsibility for Printed on Recycled Content Paper
11 58
compiling their own disposal information from haulers and facility operators for compliance with the monitoring and reporting system required pursuant to PRC Sections 41780 and 41821.5, unless a subsequent regional agency formation agreement is approved specifically for this purpose. Each member Jurisdiction is stin responsible for the implementation of the programs described in theirrespective Source Reduction and Recycling Element.

Section 14. Member Jurisdiction SRRE Implementation Each Member of the Agency is responsible for and shall continue to implement diversion programs in their adopted and approved SRRE that are specific to their Jurisdiction. Failure to impIement these programs will provide cause for termination of the Agreement with respect to that Jurisdiction.

Section 15. Contact Persons
The name of the regional agency is the Los Angeles Area Integrated Waste Management Authority. The contact persons for all members are listed in Attachment A. The address and primary contact person is the following:

Ms, Karen Coca
City of Los Angeles
Bureau of Sanitation, SRCRD
Los Angeles Area Integrated Waste Management Authority 433 S. Spmg Street., 5al Floor
Los Angeles, CA 90013
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Telephone: (213) 473-8242
Section 16. Amendment
This Agreement may be amended or modified at any time, in a manner consistent with and in furtherance of the purposes of this Agreement, with the written consent of a majority of the Member Jurisdictions within the Regional Agency.

Section 17. Indemnification
Pursuant to Govermnent Code Section 895,4, the Parties agree as follows:

17.1 Each Member Jurisdiction shall indemnify, defend and hold harmless the City of Los Angeles, the other Member Jurisdictions, the Agency, and their officers, agents and employees, fronn and against any and all claims, expenses, liability or dmnage arising out of injury to persons, loss of life, or daiage to property which are attributable to any activity of that Member Jurisdiction or of any other person acting under authority of that Member Jurisdiction which results from activities conducted on behalf of the Agency.

17.2 The City of Los Angeles and the Agency shall indemnify, defend and hold harmless each Member Jurisdiction and its officers, agents and employees, from and against any and all claims, expenses, liability or damage arising out of injury to persons, loss of life, or damage to property wMch are attributable to any authorized activity of Agency, or of any other person acting under authoiity of Agency.

Section 18. Mtscellaneous Provisions.

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18,1 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties hereto, provided that no Party shall assign any rights, nor delegate any duties provided for hereby without the consent of the other Party,

18.2 Required Actions of the Parties. The Parties hereto agree to execute all such instuments and documents and to take all actions as may be required in order to conswunate the transactions herein contemplated.

18.3 Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof, and thereby supersedes all prior understandings and agreements, if any, with respect thereto, whether written or oral. No addition or modification of any term or provision shall be effective unless set forth in writing, signed by the Parties hereto.

18.5 Time of the Essence. Time is of the essence of each arid every term, condition, obligation and provision thereof.

18.6 Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be delivered personally (including by means of professional messenger service) or sent by express mail or registered mail or certified mail, return receipt requested. Notices delivered personally or by express mail shall be considered given when received. Notices sent by registered or certified mail shall be considered given two (2) business days after deposit in the United States mail, postage prepaid, addressed to the person to receive such notice.

18.7 Notices shan be addressed as appears below for the Agency, and as listed in Attachment A for each party, provided that if any party gives notice of a change of name or address, Printed ori Recycled Cot'itent Paper
14 42. 61
notices to the giver of that notice shall thereafter be given as demanded in that notice.

Any electronically transmitted notice shall be in addition to, and shall not be in lieu of, written notice as provided above.

If to Agency: Los Angeles Area Regional Agency
Bureau of Sanitation, SRCRD
433 S. Spig Street, 5'h Floor
Los Angeles, CA 90013
Attention: Karen Coca
With a copy to: Bureau of Sarfftation
433 S. Spring Street, 5'h Floor
Los Angeles, CA 90013
Attention: Director
If to Members: Please see Attachment A
A, Applicable Law. This Agreement shall be governed by and constued in accordance with the laws of the State of California.

B. No Waiver. A waiver by any Party of the breach of any of the terms and conditions under this Agreement to be performed by any other Party shall not be construed as a waiver of any succeeding breach of the same terms and conditions of t's Agreement.

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C, Modifications. Except as expressly allowed in the Agreement, any alteration, change or modification of or to this A@eement, in order to become effective, must be made in writing and in each instance signed on behalf of each Party hereto, D. No Obligations to Third Parties. Except as othemise expressly provided herein, the provisions of this Agreement are intended to be solely for the benefit of the Parties hereto, and execution and delivery of this Agreement shall not be deemed to coier any rights upon, or obligate any of the Parties hereunder, to any person or entity other than the Parties hereto.
[BALANCEOFPAGEINTENTIONALLYBLANK- SIGNATURESFOLLOW]
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16 63
IN WrI'NE8S WHEREOF, the Parties have executed this Agreement as of the date and year above set forth.

ATTEST:

By: See Attacent
CITY OF: See Attachtnents
By: See Attachments
APPROVED AS TO FORM:

By: See Attachment
District Counsel
AT17,ST:

J. MICHAEL CAREY
City Clerk CITY OF LOS ANGELES
BY: BY:

Valerie Lynne Shaw, President
Board of Public Works
Date:

APPROVED AS TO FORM:

ROCI(ARD I. DELGADILLO
City Attorney
B\
Assistant
Date:

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17 4f 64
ATTA,CHMENT l
December 9, 2010
Agency has been put forth on the table, seconded and put through a votc. T'he motion carried unanimously,
Theref'ore, the 17-member jurisdictions are listed below in alphabetical order as of December 9, 2010.

JOINT POWERS AGREEMENT
Between the following Jurisdictions:
l ARTESIA
2 BEVHRI,Y HIT,I,S
3 BRADBURY
4 DUAR'rE
5 HERMO8A BEACH
6 HIDDEN HII,LS
7 LOS AN(:+EI,58
8 LYNWOOD
9 MANHATT AN BEACI-I
10 PALOS VERDES EST ATHS
It POMONA
12 RANCHO PAI,OS VERDHS
13 REDONDO BEACH
14 RO8HMEAD
15 SIERRA MADRE
16 SOUTH GATE
17 I'ORRANCE
a" X" ')-( -(.. '---. ('JJ.-s.:(,! (, o'-B l 'f
Karcn Coca, I,AI?.A Executive Director Date
18 65
,al"TACI-IMENT 2
June 19, 2014
Be it known that at the 2nd Quarter Meeting of the Los Angeles Regional Agency on June 19, 2014, a inotion to accept the City of Downey as the 18"' incinber of the Los Angeles Regional Agency has bccn put fortli on the table, seconded aim ptit througli a vote. Tlie tnotion carried unaniinously. ' Tlierefore, tlie 18 inembe2urisdictions are listed below in alphabetical order as of June 19, 2014.

JOINT POWERS AGREEMENT betiveen the following Jurisdictions:
l ARTBSIA
') BEVERLY I-11LLS
3 BRADBURY
4 DOWNEY
5 DUARTE
6 HERMOSA BEACH
7 HIDDEN }nLLS
8 LOS AN(JBLES
9 LYNWOOD
10 MANHATT AN BE/(CH
It PALOS VERDBS BST ATES
12 POMONA
13 RANCHO PALOS VERDES
14 REDONDO BEACH
15 ROSEMEAD
16 SJERRA MADRE
17 SOUTH GATE
18 TORRANCE
7 q -l't
Karen Coca, LARA Executive Director Date
47- 66

AMENDMENTTO JPA
ATTACHMENT3
April 23, 2015 '
Be it known that at the 1' Quarter Meeting of the Los Angeles Regional Agency on April 23, 2015, a motion to increase the annual membership fees from $0.15 to $0.18 per ton of landfill disposalhasbeenputforthonthetable,secondedandputthroughavote. Themotioncarried.

Therefore, as ofApril 23, 2015, fiuiding will now be provided as follows:

9.3 Funding will be provided by each additional Member jurisdiction at $0.18 per ton of landfill disposal per year with the year 2000 as the base year, subject to adjustments as directed by the Board. This fee will be due at the beginning of each fiscal year. 'i\82cvcfslSsrcrd\Regional AgencyVOINT POWHRS AGREEMENTSJPAAmendment - Attachment 3April 2015 67 IN mTNESS WHEREOF, the Partiu have executed this A@eement as of the datamdyearnbovesetforth. "'$"" >'-'
ATfflT! CITY OF: 8ee /ittaghmen(s
13y: 8eeAtt@ohrffienUi Bye,, 8ee Attachinenta
A)PPRO'%'ED A!3 'm FOffiIi
By: See Attaghmaute
grTE8Ti
J..MTCFTAEL CAREY
(,ity.Clork
ROCF,ARDJ..DElGADTLLO
at7-Attomey
C7cOJI2:pj'a{GELB8
Valerie Lyine Shaiv, President
Board ofPtiblic Works
Bg:

AssistantCity Attonmy
Date: gy/yl:t
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IN 8 WHEREOF, the Parties have executed tlffle ,Agrgi'hivihl h of ttie aateandyearalxiveseitfo*.

ATTmT!
B4ARABROWN
City(I;:Jerk
Crff6FARTBSIA
ayor
ATTEST!
Date:
69 Adapf6d: C)ctobar 8, 2002
C'[T\OFBEVERLY
Mayorot'theOitypr
Bo*orly'mlla,
ATT&fT:
mXmnsiti (""
CityClerk
to fonn:

CityAtttmey
Approved u to qntmiti
D.AMN. WEBSTBR
DepiQ.CityManager/Opontiot
OLMQ
RikManager
noqesS,ooo:bStoey<a, '1 -2- 10/1/D2
70 .. ' aIN WITNBS8 WHBREOF, the Parties Mve executed this Agreement as of axedate arc yearabqve set fortb.

AffE8'l: Cr['Y OF: DUA!R:rB
.Bv:
91a-J
9y: Ctty Manaqer
' ATTlfflT4
J. mCHAEL CARRY
, City Clerk a CffY OFLO8 ANGELE8
B)f: BY;
Valerie Lyima Shag President
Board of Public Works
Date:-
API)ROVBD AS TO FORM:

ROCKARD J. ,DELGADILLO
City Attoriiey
B9:

AssLstaxtt
Dpte:

Prlnted on Recycbd Content Paper
17 6'2- 71
iN WITNESS> WHEREOF, tha Parties have executed tliis Agreement as of the date aiid'year abova satforth-
,iJ:RO\ED !U' TO F4'RME
B7; -
District Coumal
J.
atyClork
DXtte'.

ROCKARD I
City
Asaigtant
CffY OF S ANOBI2S
Valerie Lynne Shaiy, President
BoaM ofPublic Works
Date:
63 72
PASSED,APPROVEDANDADOPTEDthls dayof
, 2002.

ATTEST:

ANDREA L. HOOPER, City Cferk
City of Lynwood
APF'ROVED AS TO FORM:

CityAorney r
ARTURO REYE8, Mayor
Clty o( Lynwood
APPROVED AS TO CONTENT:

City Engineer
8TATEOFCALiFORNlA )
) 88.

COUNTY OF LOS ANGELES )
1, the underslgned, City Clerk of the Cily of Lyriwood, do hereby certify that the above arid foregoing resolUtiOn WAS duty adopted by the City Council of the cUy of Lynviood at a regular meeting held in the City Hall of said City on the day of Septanber , .:W;L
, and passed by tlie following vote:
/('/[9: COUNCIL)4AN BYRD, PEDRO2A, RICltARaS, RODRI6UEZ, REYES NOE8: NOHE
ABSENT: Ho,E
City Cterk, City of Lynwood
73 m WITNESS WHBREOF, the Parties have aecuted this ABreement as of the date-aha year above set; forth.

ATTEST:

APPRO'%'ED A8 TO FORME
ATTEST:.

CAR]'SY
City
Date:

APPROVED AS TO FO
ROCKARD J. D ADlr,l,O
City A
CITY OF LO8 AN
V I,iynna 8haw, President
oard of:PublicWorkg
Asefstam
Date:
74 N WITNESS WHBREQF, the Parlies pave executed this Agreemonf as of the date and year above set.fbrth.

ATTEST
at;7
d!;'J..
-APPRO'VED AS TO FORM:

CITY OF
BY:

District (huue[
tTE8T!
J. CARBY
Cite
IJote:

Crnopr,os
alerie Lynne 8haw, President
Board ofPublio Works a a
APPROVBD AS RJd:
,DBLGADILI,O
B7:

Assfstaxit
Date:
17 75
IN WITNESS WHBUOF, the Parties have.exeouted this Agreement as of the :d6te ady,eaiabove aetforth.

ATIM,ST: CffYgF Ranc'ho Pa.los Ve'cdaa
By: ,.%cizylar7,Q , BY: Maydx
A?pRO'aD AS TO FORM:

By:
'District Ooumel
ATTEST:

CARBY
Date:

APPROVED AS TO
ROCKARD J.

City Attorney
ADLLO
B)=:
/ Asgfntant
(jlTY [,OS AN(3BLBS
ValeTieLynna Shaw, President
Board ofPublic Works
Date:
6? 76
IN WrfaSS WHEREOF, (he Parties %ave executed this Agreemnt as @f the date and yearabove setforth..

CIT! OFRBDoNDO BEACH
anagtivm AS TO FORA4'
A'lTEST:

AffBSI':

Date:

RnnKIARn T'. nRT
City Attorney
As8istaill:

CffY OF,LOB
V LynneShav,Pre=sident
oard ofPubuc Worka
Date:
47 CO2%778
l 77
IN WTNB8S WHEREOF, the Parties ffive exemted U* Agreerhent as of 'the date and year abow sefffirth.

ATTEST:

BTiytleJ6/""""" a "'
jVPROVnD AG TO NORM:

By: Distrid Counso} City Attormy
ATTEST:

J. M[C.I{AEL CAUY
aty Cleik CfiYOF LOSANGELBS
B)7:

Date:
'Vaterie LynnaPhaw, Preaident
Board ofPu6-Works.

AP':Fkuvbii ah TO FQRM:

ROCKARD J. DBLGADILLO
Cky Attorney
8y !
Date:

Assistant
78 TR WTTNBSS WHE'R'BOF, The parties have executed this Agreement as ofthe dateand yearabovesetfotth.

AffiST:

NANCY S. SHOLLBNBERaER
CityClerk ,
APPR(ffl,D AS TO FORM:

CITY OF SI!,RRA MADRE
Taxnatp S, Gates
Ckty Manager

CIIARLBS MARTIN
City Attome:y ,
' CARE\
Clerk
Date:

APPRO'VED Am TO FORM:

ROCKARD J. :F3LG
City Attorney
B7i
' Agsimanf "
Valerie,Lynne Sbw
President, Board of Pub&'
'Works
Date:
60 79
n%J 'NBSS WHaEOF, the Partiep.haveexeatedthis AgrHment as of the Date aad,year above setfo6,
ACKNOWLEDGED:

By:
uthovhn A$TO FOm:

By
Cr!ff OF80UTB GATE
/Xoc*lt Rt'avalcaba, Mayor
ATIESI!
CAREY Cuff OF LOS
Cit3'
Date:
'ROCKARD J.-DBL'GAD
City Attorney
alerio Lyme Sbaw, Pmident
80 D4 WITNESS WHERBOF, (he Parties have executed this Apoment as or the date and yearabovoselfordi,
Affi8T
'ffiu* @tbara, (Slay plat.k'
APPROffi)A8J'O FORM:

Jam L. FELLOW,8 III
OXTY AffORNEY
BV: a&.'/ A 4-a. ,-"
Dam Malket e Hayoy
CffY
A'ITE-8Tt
C,,mY
Date:

APPRm7EI) ASTOFORM:

ROCKARI) J,
;City Attomey
8iataitt
/
ote
. CITY OF LOS A . LBS,
B9i
V .Lynn*Shaw,Pregident
of Public Works
17 612-.81
€lflANAa:Rag OFFiCE Item No. 4
FEB O D 202!
Ci§ of South Gate

CITY COUNCIL
AGENDA EJ[LL
Department Director:

For the R
Ori
Meeting of: February 13, 2024
ent: Public Works
City Manager:
o Cervantes Rob Houston
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES

COUNTY FLOOD CONTROL DISTRICT TO SECURE GRANT FUNDS FOR THE WATER MAIN REPLACEMENT PHASE I, CITY PROJECT N0. 689-WTR PURPOSE: To approve a Memorandum of Understanding with the Los Angeles County Flood Control District ("LACFD") to secure grant funds for the Water Main Replacement Phase I, City Project No. 689-WTR ("Project").

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving the Memorandum of Understanding ("MOU") with the Los Angeles County Flood Control District to secure $2,342,400 in Proposition 1 Round 2 Integrated Regional Water Management ("IRWM") Implementation Grant Funds for the Water Main Replacement Phase I, City Project No. 689-WTR;
b. Authorizing the Mayor to execute the Memorandum of Understanding in a form acceptable to the City Attorney;
c. Appropriating $2,342,400 in Proposition 1 Round 2 IRWM Implementation Grant Funds to fund the Project; and
d. Authorizing payment to the Los Angeles County Flood Control District of up to $105,408, as required by the Memorandum of Understanding FISCAL IMPACT: There is no fiscal impact to the General Fund. The proposed MOU provides $2,342,400 in Proposition 1 Round 2 IRWM Implementation Grant Funds. The required payment to LACFCD is $105,408 which will be paid with IRWM Grant Funds. The total Project budget is $4,542,400 and it will be fiinded with $2,342,400 in grant funding appropriation and $2,200,000 from Water Funds; the latter is budgeted in the FY 2023/24 Public Works Operating Budget. These funds will be utilized for all services needed for the construction phase of the Project.

ANALYSIS: The 2019 Water Master Plan ("Plan") evaluated the City's water system, identified deficiencies and made recommendations for improvements. The Plan included a 5- Year Capital Improvement Program that calls for over $12 million in water main replacements.

The Project is consistent with the master plan recommendations. 1 82
On January 23, 2023, the City submitted a grant application to the California Department of Water Resources ("State"). The City was awarded $2,342,400 to implement the project.

Specifically, it requires the replacement of 7,000 feet of pipeline in Zone 12 of the City (see Attachment C for project streets) due to aging, unlined cast iron pipes and replace mains that experienced breaks and leaks. The new mains will be larger in diameter which will provide sufficient fire flow to critical facilities. The 'funds may be used to pay for the construction phase of the Project. The Project meets the requirements of the MOU.

Though the State awarded grant funds to numerous agencies, in lieu of managing the grants, the State entered into an agreement with LACFCD thereby authorizing them to administer the grant funds. LACFCD requires that grantees enter into agreements to utilize the funds. As such, the execution of the MOU with LAFCD is necessary to utilize the funds. Highlights of the MOU include:
* LACFCD is the administering agency and South Gate is the implementing agency. * The grant is on a reimbursement basis. LACFCD will approve reimbursement invoices submitted by the City.
* LAFCD will be reimbursed an amount not to exceed $105,408, which will be paid for from the grant.
* The grant funds must be utilized by March 31, 2025. No matching funds are required.

BACKGROUND: The Project is budgeted in the CIP. It will improve the water system by replacing water pipelines on Tweedy Boulevard, State Street, Elizabeth Avenue, Miru'iesota Avenue, Wisconsin Avenue, and Michigan Avenue. Approximately 7,000 feet of new piping and 190 new water meters will be replaced/installed.

The design phase has been completed and construction is planned to begin in May 2024. The Engineer's Estimate is $4,305,929 for construction. The total needed to fully fund the construction phase is $4,542,4001, which includes services such as construction management, staff time, and construction contingency
The Notice Inviting Bids for construction was advertised on December 7, 2023, and a total of eight bids were received on January 11, 2024. The construction contract will be awarded at the February 27, 2024, City Council meeting.

Construction is scheduled to begin in May 2024 and be completed in November 2024.

ATTACHMENTS: A. Proposed Memorandum of Understanding and Exhibit A: Grant agreement between Department of Water Resources and LAFCD B. Location Map
DD:lc
2 83
Attachment A
Meinorandtii'n of Understanding Between
City of So+ith Gate and Los Angeles Cotinty
Flood Control District

MEMORANDUM OF TJNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "Agreement"), is made and entered into as of the date of the last Party, signature set forth below between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (hereinafter referred to as "LACFCD"), and City of South Gate (hereinafter referred to as "Local Project Sponsor" or "LPS"). LACFCD and LPS are hereinafter referred to as "Parties" or, each individually, as "Party" for the following project(s): Water Main Replacement to Improve Drinking Water 0uality & Fireflow Reliability (hereinafter referred to as "Project(s)"). The requested grant amount for the Project(s) is $2,342,400.00.

WITNESSETH
WHEREAS, in November 2014, the voters of California enacted the Water Quality, Supply, and Infrastructure Improvement Act of 2014, (hereinafter referred to as Proposition 1), adding provisions to the California Public Resources Code; and WHEREAS, Proposition l amended the Public Resources Code to include Section 79740 et seq., which authorizes the Legislature to appropriate Five hundred and ten million Dollars ($510,000,000.00) for Integrated Regional Water Management (hereinafter referred to as "IRWM") water resources-related projects that address water supply, water quality, and habitat/open space needs in a region; and
WHEREAS, the intent of the IRWM concept is to encourage integrated regional strategies for the management of water resources and to provide funding through competitive grants for projects that protect communities from drought, improve water reliability, protect and improve water quality, and improve local water security by reducing dependence on imported water; and WHEREAS, the California Department of Water Resources (hereinafter referred to as "DWR") issued Proposition l IRWM Grant Program Guidelines and Implementation Grant Proposal Solicitation Package (hereinafter referred to as "Guidelines") in May 2022 to establish the process and criteria to solicit applications, evaluate proposals, and award Proposition 1 grants under the IRWM Grant Program; and
WHEREAS, eligible grant recipients under the Guidelines are public agencies defined as any state agency or department, special district, joint powers authority, a City, County, City and County, District, or other political subdivision of the State, nonprofit organizations defined as any corporation qualified to do business in California and qualified under United States Code, Title 26, §501(c%3), public utilities, federally recognized Tribes listed on the Native American Heritage Commission's Tribal Consultation list, and mutual water companies. Entities that are part of a regional water management group and responsible for applying for the grant may also perform work funded by the grant; and
WHEREAS, under the Guidelines, IRWM Implementation grant proposals must be submitted by an IRWM Region that was accepted into DWR'sIRWM Grant Program through the 2009 Region Acceptance Process and must: (1) include projects that are consistent with an Page
J
84 Meinorand+iin of Understanding Between
City of Sotith Gate and Los Angeles County
Flood Control District
adopted IRWM Plan (hereinafter referred to as "Plan"), (2) require project proponents to adopt the latest updated Plan (3) describe specific implementation projects for which funding is being requested, and (4) identify matching fiinding; and
WHEREAS, the IRWM Plan for the Greater Los Angeles County Region (hereinafter referred to as "Region"), amended in 2017, and approved on May 19, 2020 by DWR, will facilitate a regional approach to watershed management by establishing collaborative efforts across the watersheds within the Region; and
WHEREAS, the Region was accepted into DWR's IRWM Grant Program through the 2009 Region Acceptance Process in September 2009; and
WHEREAS, the Region's IRWM Group, which includes the Region's participating local entities and the LPSs identified in Exhibit I of the Grant Agreement, designated LACFCD as the regional entity to apply for grant funds on behalf of all proposed projects for the Region through the IRWM process; and
WHEREAS, the implementation grant proposal for the Region included several proposed projects sponsored by the following local entities, solely or jointly, (the projects are identified in ExhibitIto the Grant Agreement between DWR and LACFCD, which Grant Agreement, including all Exhibits thereto, is attached hereto and incorporated herein as Attachment A):

Amigos De Los Rios, City of Burbank, City of Calabasas, City of Malibu, City of Manhattan Beach, City of South Gate, City of Torrance, Los Angeles County Public Works, Gateway Water Management Authority, Las Virgenes Municipal Water District, Los Angeles County Flood Control District, Los Angeles County Waterworks District No. 29 Malibu, Los Angeles Department of Water and Power, Los Angeles Neighborhood Land Trust, The Nature Conservancy, Valley County Water District, and West Basin Municipal Water District, and (collectively, the "Projects"); and
WHEREAS, the Projects are identified in ExhibitIto the Grant Agreement between DWR and LACFCD, which Grant Agreement, including all Exhibits thereto, is attached hereto and incorporated herein as Attachment A; and
WHEREAS, for IRWM projects funded under the grant involving the participation of more than one entity, it is the intention of the Parties that the LPS be a single entity responsible for implementation of the Project(s) and having the authority to enter into this Agreement on behalf of all entities participating in the Project(s); and WHEREAS, LPS assumes all responsibilities and liabilities for the Project(s) under this Agreement (including Grant Agreement responsibilities allocated to LPS under this Agreement).

LPS will be the entity that invoices LACFCD and provides any documentation and information requested or required under this Agreement or the Grant Agreement by LACFCD with respect to the implementation ofthe Project(s), including supporting documentation, reports, and notices.

In the event that the Project(s) will be implemented by more than one entity, LPS shall ensure that it has entered into appropriate written agreement(s) with each of the other Project- implementing entities to confirm the authority of LPS to enter into this Agreement on their

4 85
Meinoranduin of Understanding Between
City of' Soutli Gate and Los Angeles County
Flood Control District
behalf, and shall ensure that each of the other Project-implementing entities agrees to defend, indeinnify and hold harmless LACFCD to the sai'ne extent that LPS provides to LACFCD under this AGREEMENT. Further, each entity participating in a Project acknowledges full responsibility for the implementation of the Project(s), including all responsibilities identified in this Agreement as well as the Grant Agreement and coinmits to the fulfillment of their respective obligations with respect to the Project(s). As to LACFCD, LPS remains solely responsible for all aspects of the Project(s); and
WHEREAS, DWR has indicated that it will award an iinplementation grant of up to Twenty Million, Three Hundred and Thirty-Five Thousand Dollars ($20,335,000.00) to the LACFCD on behalf of the Region's LPSs; and
WHEREAS, DWR has indicated that it will enter into an agreement (hereinafter referred to as Grant Agreement) with LACFCD, for the administration of the implementation grant funds with respect to the seventeen (17) projects, including LPS's Project(s); and WHEREAS, LPS desires that LACFCD execute the anticipated Grant Agreement with DWR and perform the role of Grantee therein on LPS's behalf so that LPS can receive and benefit from the Proposition 1 grant funds for its Project(s) in the amount to be identified in Exhibit B to the Grant Agreement; and
WHEREAS, LACFCD and LPS desire to enter into this Agreement to clarify their respective responsibilities with respect to the anticipated grant from DWR and the Parties' responsibilities pursuant to the Grant Agreement; specifically, the Parties intend that LACFCD's role will be to adininister the grant funding and submit documentation required under the Grant Agreement to DWR on behalf of LPS, for which LACFCD will be reimbursed pursuant to this Agreement. LPS will be responsible for all other activities required under the Grant Agreement related to its Project(s), including, but not limited to construction, monitoring, project management, operations and maintenance and legal compliance; and WHEREAS, the LPS was awarded a project grant of $2,342,400.00. This amount includes the administrative fee in the LPS's requested grant amount to cover the LACFCD's costs for grant administration and oversight and reflected in Exhibit B of the Grant Agreeinent. The Parties intend by this Agreement to establish that LACFCD will seek reimbursement of up to four and one-half percent (4.5%) administrative costs directly from the DWR reimbursement for these costs; and WHEREAS the Parties acknowledge that LACFCD will not approve any aspect of the Project(s) or provide any resources related to implementation of the Project(s) outside of grant funding, if any, which is provided to LACFCD from DWR, specifically for the Project(s).

NOW, THEREFORE, LACFCD and LPS hereby agree as follows:

86 Meinorandtim of Understanding Between
City oi' So+itli Gate and Los Angeles County
Flood Control District

GRANT AGREEMENT

BETWEEN THE

ST ATE OF CALIFORNI A
(DEPARTMENT OF W ATER RESOURCES)
AND

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AGREEMENT NUMBER 4600015405
PROPOSITION l ROUND 2

INTEGRATED REGIONAL WATER MANAGEMENT (IRWM)

IMPLEMENT ATION GRANT

FUNDING FROM THE WATER QUALITY, SUPPLY, AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014
(PROPOSITION l)
PURSUANT TO CHAPTER 7 REGIONAL W ATER SECURITY, CLIMATE, AND

DROUGHT PREPAREDNESS
(WATER CODE § 79740 et seq.)

87 Meinoranduin of Understanding Between
City of Soutli Gate and Los Angeles Cotinty
Flood Control District

LACFCD'S RESPONSIBILITIES
Section (l) LACFCD AGREES TO, for as long as the Grant Agreement remains in effect:
(1) Provide staff to oversee grant administration, manage grant funds and provide Project oversight, as related to the grant.
(2) Establish an independent account to inanage the grant funds for each Project and provide routine updates to the LPS of balance and activities of each account. (3) Receive from LPS and submit to DWR the reports and information prepared and provided by LPS for each Project as requested by LACFCD and/or as required under the Grant Agreement. (4) Negotiate and execute amendments to the Grant Agreement on behalf of LPS, upon written request and approval by LPS.
(5) Process grant reii'nbursement requests submitted by LPS, including, submission of such requests to DWR and, only upon receipt of fiinds from DWR related to the invoices submitted, provide reimbursement to LPS within thirty (30) days of receipt by LACFCD of funds from DWR.
(6) Submit grant reimbursement request(s) to DWR, for a total amount not to exceed $2,342,400.00 to reimburse LACFCD's administrative costs, management, and project oversight efforts with respect to the IRWM grant, as authorized by DWR and pursuant to Section (2)(8).

LPS'S RESPONSIBILITIES
Section (2) LPS AGREES TO:
(1) Retain sole and full responsibility for all aspects of LPS's Project(s) as identified in the Grant Agreement, including any approved amendments, including, but not limited to: planning, design, review and approval of plans, specifications, bid documents and construction documents, implementation; construction; management; Project oversight; monitoring; inspections; operation and maintenance; submission of Project reimbursement billing requests; provision of reports, notifications and notices; compliance with all legal requirements related to the Project(s) such as lead agency responsibilities, and all other applicable local, State and Federal statutes and regulations related to the Project(s) for the lifetime of the Project(s) notwithstanding any early termination of this Agreement. (2) Plan, design, construct, and continuously operate and maintain LPS's Project(s) pursuant to LPS's Work Plan as identified in Exhibit A to the Grant Agreement. LPS agrees to notify LACFCD and receive LACFCD's written approval as well as that of DWR in advance of implementing any proposed changes to LPS's Project(s), including proposed future changes to the Work Plan.
(3) Comply with all terms, provisions and commitments contained in the Grant Agreement, including all exhibits and attachments thereto, applicable to LPS or to LACFCD as Grantee or to representatives of Grantee under the Grant Agreement, whether or not herein specifically referenced, (with the exception of responsibilities identified in Section (l)(1) above which are solely responsibilities of LACFCD) for the lifetime of the Project(s). The Parties agree that

88 Mei'noranduin of Understanding Between
City of Soutli Gate and Los Angeles County
Flood Control District
responsibilities of LPS, Grantee, representatives of Grantee or activities for which LACFCD (as Grantee) and LPS may be listed as jointly responsible under the Grant Agreement, shall remain the sole responsibility of LPS, with the exception of activities herein listed as LACFCD'S RESPONSIBILITIES.
(4) Comply with all applicable environmental requirements pertaining to the Project(s), including but not limited to the California Environmental Quality Act (CEQA), the State CEQA Guidelines and, if applicable, the National Environmental Policy Act (NEPA). Submit documents that satisfy the CEQA and NEPA process as well as any mitigation agreements, and environmental permits, including but not limited to DWR's Environmental Information Form. LACFCD is not responsible for any aspect of environmental coi'npliance with respect to the Project(s), inchiding any proposed future changes to LPS's Project(s), and no Project may be implemented absent LPS's compliance with CEQA and other environmental laws and regulations. Prior to subi'nission of each invoice to LACFCD under this Agreement, LPS must submit written confirmation to LACFCD, in a format to be specified by LACFCD, that it has complied with all requirements of the Grant Agreement, including, but not limited to compliance with CEQA and, as applicable, NEPA for LPS's Project(s), including all work covered under the invoice, and shall provide appropriate evidence of its compliance. In addition, LPS agrees to submit written confirmation of CEQA and applicable NEPA compliance prior to impleinenting any future changes to its Project(s). (5) Demonstrate availability of funds to complete the Project by submitting the most recent three (3) years of audited financial statements and provide cost share funding inatch for the LPS's Project in the amount identified in Exhibit B of the Grant Agreement. (6) Ensure that any and all permits, licenses and approvals required for its Project(s) are obtained in a tiinely manner and maintained in effect as legally required. (7) Submit not more than one reimburseinent request per quarter to LACFCD, in the format specified by LACFCD, executed by an authorized individual at LPS who is knowledgeable of the information and certifies and warrants the accuracy of the information contained in the reimbursement request.
(8) Allow LACFCD to be reimbursed by DWR in an amount not to exceed $105,408.00, representing LIP to four and a half percent (4.5%) of LPS's requested grant amount for grant administrative costs, management, and project oversight efforts with respect to the IRWM, which will be subtracted from the LPS's requested grant amount, as reflected in Exhibit B of the Grant Agreement. LPS thereby agrees that it will be reimbursed $2,236,992.00 by LACFCD under this Agreement.
(9) Prepare, provide, and ensure accuracy of all deliverables, reports, documentation, notifications, notices, and information related to the Project(s), as required under the Grant Agreement and/or requested by LACFCD to assist LACFCD and to enable LACFCD or LPS to provide information required under the Grant Agreement to DWR in a proinpt and timely manner, in accordance with the provisions of the Grant Agreement.

89 Metnorandtim of Understanding Between
City of Sotitli Gate and Los Angeles Cotinty
Flood Control District
(10) Inform LACFCD within fifteen (15) days of any material changes related to the Project(s) including but not limited to, the progress of construction, Project budget(s), and Project benefits, through reporting process or other methods established by LACFCD. (11) Repay the LACFCD any amount owed to DWR within thirty (30) days of written notification, if for any reason DWR determines that LPS's Project(s) is no longer entitled to grant funds.
(12) Provide regular and ongoing inspections of construction work in progress and be responsible to keep work under control. Authorize LACFCD to inspect the Project(s), at LACFCD's discretion, to review the progress of the Project(s). (13) Accept all liabilities and hold LACFCD legally and financially harmless if it is determined by court of law that LPS's allocation and use of the grant and matching funds is in violation of any applicable statutes, regulations, ordinances, guidelines, or requirements, including, but not limited to, grant requirements, and/or requirements governing contracting, and subcontracting, unless such violation(s) is due to LACFCD's active negligence or willful misconduct.
(14) Accept sole responsibility for persons performing work related to the Project(s), including, but not limited to, employees, contractors, subcontractors, suppliers, and providers of services.
(15) Accept sole responsibility for any, and all disputes arising out of contracts for implementation of the Project(s), including, but not limited to, payinent disputes involving representatives of LPS, contractors and subcontractors. LPS acknowledges that LACFCD will not mediate or be involved with disputes between LPS and any other entity concerning responsibility for performance of work related to the Project(s). (16) Comply with all Basic Conditions, conditions for disbursement, Continuing Eligibility requirements, and Standard Conditions set forth in the Grant Agreement at all times. (17) Designate in writing a Project Manager with the full authority to act on behalf of LPS on any matter related to the Project(s) and advise LACFCD and DWR immediately in writing of any change in Project Manager.

Section (3) TERMINATIONS/SUSPENSIONS
(1) Termination of Agreement
This Agreement shall remain in effect while the Grant Agreement or any provision of the Grant Agreement remains in effect. LPS's indemnification will remain in effect for the lifetime of the Project(s). Following termination of the Grant Agreement, LPS shall remain solely responsible for any liability, costs or expenses related to its Project(s), including any request for repayment by DWR related to LPS's Project(s) and/or any other costs, fees and/or penalties, such as costs related to allegations of default under Section 12 of the Grant

90 Meinoranduin of Understanding Between
City of Sotitli Gate and Los Angeles County
Flood Control District
Agreement, which may be asserted against LACFCD by DWR related to the LPS's Project(s). LPS acknowledges that in no event shall LACFCD be responsible for any liability, costs, or expenses related to LPS's Project(s) or for the performance of work on, or the operation or maintenance of, the completed Project(s), as a result of the termination of the Grant Agreement or for any other reason.
(2) Termination for Noncompliance with Child Support Requirements LPS shall maintain compliance with requirements of LACFCD's Child Support Compliance Program as certified in LPS's Child Support Compliance Program Certification and as set forth in this Agreement. Failure of LPS to maintain compliance with these requirements will constitute a default under this Agreement. Failure to cure such a default within ninety (90) days of notice by LACFCD shall be grounds upon which LACFCD may give notice of teririination and terminate this Agreei'nent.
(3) Termination/Suspension for Convenience
This Agreement may be suspended or terminated, in whole or in part, from time to time, when such action is deemed by LACFCD, in its sole discretion, to be in its best interest.

Suspension or termination of work hereunder shall be effected by notice of suspension or termination to LPS specifying the extent to which performance of work is suspended or terminated and the date upon which such suspension or termination becomes effective. The date upon which such suspension or termination becomes effective shall be no less than ten (10) days after the notice is sent.

After receipt of a notice of suspension or termination and except as otherwise directed by LACFCD, LPS shall:
a. Stop work under this Agreement on the date and to the extent specified in such notice. b. Complete performance of such part of the work as shall not have been suspended or terininated by such notice.

All material including books, records, docuinents, or other evidence bearing oi'i the costs and expenses of LPS under this Agreement shall be maintained by LPS in accordance with Exhibit D of Grant Agreement.

Consistent with the above, if this Agreement is suspended or terminated, LPS shall complete within the LACFCD's suspension or termination date contained within the notice of suspension or termination, those iteins of work which are in various stages of completion, which the LACFCD has advised the LPS are necessaiy to bring the work to a timely, logical, and orderly end. Reports, samples, and other materials prepared by LPS under this Agreeinent shall be delivered to LACFCD upon request and shall be in public domain as outlined in Exhibit D of Grant Agreeinent.
/D

91 Mei'norand+iin of Understanding Between
City of Sotitli Gate and Los Angeles County
Flood Control District
(4) Termination/Suspension for Default
LACFCD may, by written notice to LPS, suspend or terminate the whole or any part of this Agreement, if, in the judgment of LACFCD:
a. LPS has materially breached this Agreement; or
b. LPS fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required under this Agreement; or
c. LPS fails to demonstrate a high probability of timely fulfillinent of performance requirements under this Agreement, or of any obligations ofthis Agreement and in either case, fails to deinonstrate convincing progress toward a cure within five (5) working days (or such longer period as LACFCD may authorize in writing) after receipt of written notice from LACFCD specifying such failure.

In the event LACFCD suspends or terminates this Agreement in whole or in part pursuant to this paragraph, LACFCD may procure, upon such terms and in such manner, as LACFCD may deem appropriate, goods and services similar to those so suspended or terminated. LPS shall be liable to LACFCD for any and all excess costs incurred by LACFCD, as deterinined by LACFCD, for such similar goods and services. LPS shall continue the performance of this Agreement to the extent not suspended or terminated under the provisions of this paragraph.

Except with respect to defaults of any Subcontractor, LPS shall not be liable for any excess costs of the type identified above, if its failure to perforin this Agreement arises out of causes beyond the control and without the fault or negligence of LPS. Such causes may include, but are not limited to, acts of God or of the pub!ic enemy, acts of LACFCD in either its sovereign or contractual capacity, acts of the Federal or State government in its sovereign capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of LPS. If the failure to perform is caused by the default of a Subcontractor, and if such default arises out of causes beyond the control of both LPS and Subcontractor, and without the fault or negligence of either of them, LPS shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit LPS to meet the required delivery schedule.

If, after LACFCD has given notice of termination or suspension under the provisions of this paragraph, it is determined by LACFCD that LPS was not in default under the provisions of this paragraph or that the default was excusable under the provisions of this paragraph, the rights and obligations of the parties shall be the same as if the notice of termination or suspension had been issued pursuant to this Exhibit's Termination/Suspension for Convenience.
a, The rights and remedies of LACFCD provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreei'nent.

92 Meinorandtiin of Understanding Between
City of Sotitli Gate and Los Angeles County
Flood Control District
b. As used herein, the terms "Subcontractor" and "Subcontractors" mean Subcontractor at any tier.
(5) Termination/Suspension for Improper Consideration LACFCD may, by written notice to LPS, immediately terminate the right of LPS to proceed under this Agreement if it is found that consideration, in any form, was offered or given by LPS, either directly or through an intermediary, to any LACFCD officer, employee, or agent with the intent of securing this Agreement or securing favorable treatment with respect to the award, amendment, or extension of this Agreement or the making of any determinations with respect to LPS performance pursuant to this Agreement. In the event of such termination, LACFCD shall be entitled to pursue the same remedies against LPS as it could pursue in the event of default by LPS.

LPS shall immediately report any attempt by a LACFCD officer or employee to solicit such improper consideration. The report shall be made either to LACFCD manager charged with the supervision ofthe employee or to the Auditor-Controller's Employee Fraud Hotline at (800) 544-6861.

Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel, entertainment, or tangible gifts. (6) Terinination/Suspension for Insolvency
LACFCD may suspend or terminate this Agreement forthwith in the event of the occurrence of any of the following:
a. Insolvency of LPS. LPS shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code, and whether or not LPS is insolvent within the meaning of the Federal Bankruptcy Code.
b. The filing of a voluntary or involuntary bankruptcy petition relative to LPS under the Federal Bankruptcy Code.
c, The appointment of a bankruptcy Receiver or Trustee for LPS. d, The execution by LPS of a general assignment for the benefits of creditors. e. The rights and remedies of LACFCD provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
(7) Terinination/Suspension for Nonadherence to County Lobbyists Ordinance Each LACFCD lobbyist, as defined in the Los Angeles County Code Section 2.160.010, retained by LPS shal) be in full compliance with Chapter 2.160 of the Los Angeles County Code. LPS's signature on the Agreement is its certification that it is in full compliance with Chapter 2.160. Failure on the part of any LACFCD lobbyist retained by LPS to fully comply

93 Meiriorandtiin of Understanding Between
City of Sotitli Gate and Los Angeles County
Flood Control District
with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which LACFCD may immediately terminate or suspend this Agreement.

Section (4) GENERAL INDEMNIFICATION
(1) LPS shall indemnify, defend, and hold harmless LACFCD, the County of Los Angeles, Special Districts for which the Board of Supervisors for the County of Los Angeles and LACFCD acts as the governing body, elected and appointed officers, officials, employees and agents from and against any and all liability, including, but not limited to, defense costs, demands, claims, allegations of default or breach of the Grant Agreement or this Agreement, actions, fees, costs and expenses (including attorney and expert witness fees) arising from or relating to: acts or omissions of the LPS related to its Project(s) and/or any acts or omissions of LACFCD made on behalf of or for the benefit of LPS pursuant to this Agreement, including, but not limited to, LACFCD's actions or activities in administering the grant funding and other LACFCD responsibilities set forth in Section (1)(1), but not including any acts or oinissions of the LACFCD that involve the LACFCD's active negligence or willful misconduct. LPS liability arising from the active negligence or willful misconduct of LACFCD is excluded under this paragraph. This indeinnity section shall remain in effect while the Grant Agreement, or any of its teri'ns, is in effect and shall survive the termination, for any reason, of the Grant Agreei'nent or this Agreement and shall remain in effect during the lifetime of the Project(s).
(2) If, for whatever reason, DWR fails to fund any part of the grant commitment related to the Project(s), LPS shall hold LACFCD harmless for that failure to fund and shall not seek any funding from LACFCD other than funds actually provided by DWR to LACFCD and specificaHy identified for LPS's Project(s). If, for whatever reason, DWR demands repayment of any part of the grant commitment related to the Project(s), LPS shall indemnify, defend, and hold LACFCD harmless for that repayment demand and shall not seek any funding froi'n LACFCD in connection therewith.
(3) LPS shall comply with the requirements set forth in CEQA and the CEQA Guidelines for its Project(s). LPS is ultimately and solely responsible for compliance with all applicable CEQA and NEPA requirements, including any mitigation measures required for the Project(s). LPS shall indemnity, defend, and hold harmless LACFCD, the County of Los Angeles, Special Districts for which the Board of Supervisors for County of Los Angeles and LACFCD acts as the governing body, elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to the Project(s) that inay be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines, NEPA and/or other Federal, State, and local environmental laws, rules, and regulations, guidelines, and requirements for the Project(s). This indemnity section shall remain in effect while the Grant Agreement, or any of its terms, is in effect and shall survive the termination, for any reason, of the Grant Agreement or this Agreement and shall remain in effect during the lifetime of the Project(s).

94 Meinorandum of Understanding Between
City of Soutli Gate and Los Angeles Cotinty
Flood Control District
Section (5) CHILD SUPPORT LAWS
(l) LACFCD's Policy on Child Support Laws
LPS acknowledges that LACFCD places a high priority on the enforcement of child support laws and the apprehension of child support evaders. LPS understands that it is LACFCD's policy to encourage all LACFCD contractors to voluntarily post LACFCD'S Los Angeles Most Wanted: Delinquent Parents List, in a prominent position at LPS's place of business. (2) Child Support Coinpliance Program
As required by LACFCD's Child Support Compliance Program (Los Angeles County Code Chapter 2.200), and without limiting LPS's duty under this Agreement to comply with all applicable provisions of law, LPS warrants that it is now in compliance and shall during the term of this Agreement maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement lawfully served Wage and Earnings Withholding Orders or District Attorney Notice of Wage Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure, Section 706.031 and Family Code, Section 5246(b).

Section (6) NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME CREDIT
LPS shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws.

Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015.

Section (7) PROHIBITION AGAINST USE OF CHILD LABOR (1) LPS shall:
a. Not knowingly sell or supply to LACFCD any products, goods, supplies or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Ei'nployment and,
b. Upon request by LACFCD, identify the country/countries of origin of any products, goods, supplies, or other personal property LPS supplies to LACFCD; and c. Upon request by LACFCD, provide to LACFCD the i'nanufacturer's certification of compliance with all international child labor conventions. (2) Should LPS discover that any products, goods, supplies, or other personal property sold or supplied by LPS to LACFCD are produced in violation of any international child labor conventions, LPS shall immediately provide an alternative, compliant source of supply.

95 Memoranduin of Understanding Between
City of South Gate and Los Angeles County
Flood Control District
(3) Failure by LPS to comply with provisions of this section will be grounds for imi'nediate suspension or termination of this Agreement.

Section (8) NOTIFICATION
(1) Any notices, bills, invoices, or reports relating to this Agreement, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and a. shall be delivered to the representatives of the Paities at the addresses set forth below, except that any Party may change the address for notices by giving the other Party at least ten (10) days written notice of the new address:

LACFCD:

Matthew Frary, Principal Engineer
Stormwater Planning Division
Los Angeles County Flood Control District
County of Los Angeles Department of Public Works
900 South Fremont Avenue
Alhambra, CA 91803-1331
LPS:

Arturo Cervantes, P.E.

City of South Gate
8650 California Avenue
South Gate, CA 90280
b. or when LACFCD establishes a process to electronically upload some of the above stated information via the Web, the LPS shall submit the information accordingly as directed by LACFCD.

Section (9) MUTUAL COVENANTS
(I) Governing Laws, Jurisdiction, and Venue: This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. To the maximutn extent permitted by applicable law, LPS and LACFCD agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes concerning with or arising out of this Agreement, shall be exclusively in the County of Los Angeles. (2) Amendment: No variation, modification, change, or amendment of this Agreement shall be binding upon any Party unless such variation, modification, change, or amendment is in writing and duly authorized and executed by both Parties. This Agreement shall not be amended or modified by oral agreements or understandings between the Paities or by any acts or conduct of the Parties. Notwithstandtng the above, the Parties agree that any amendi'nent to the Grant Agreement (including any amendment to LPS's grant amount and corresponding change to the dollar amount of LACFCD's 4.5 percent administrative fee) shall become part of this t5'

96 Meinoranduin of Understanding Between
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Agreement upon the provision of written notice to the LPS without the necessity of further written agreei'nent between the Parties absent the immediate provision of written objection by LPS to LACFCD.
(3) Entire Agreeinent: This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings.
(4) No Third-Party Beneficiary/Successors and Assizns: This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provisions of this Agreement. (5) Waiver: No waiver of any breach or default by any Party shall constitute a waiver of any other breach or default, nor shall any such waiver constitute a continuing waiver. Failure of any Party to enforce at any time or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.
(6) Covenant: All provisions of this AGREEMENT, whether covenants or conditions, on the pait of LPS shall be deemed to be both covenants and conditions. (7) : No Party shall assign this Agreement or any of such Paity's interest, rights, or obligations, under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld except that any Party may assign the Agreement, or any part thereof, to any successor governmental agency performing the functions of the assigning Party as its successor.
(8) Relationship of Parties: The Parties are, and at all times shall remain as to each other, wholly independent entities. No Party to this Agreement shall have the power to incur any debt, obligation, or liability on behalf of any other Party unless expressly provided to the contrary by this Agreement. 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. (9) Successors: This Agreement shall be binding upon and shall insure to the benefit of the respective successors, heirs and assigns of each Party.

Section (10) NEGOTIATION OF PARTNERSHIP
(l) Nothing in this Agreement shall be construed to render LACFCD in any way or for any purpose a partner, joint venturer, or associate in any relationship with LPS, nor shal) this Agreement be construed to authorize either Party to act as agent for the other Party unless expressly provided in this Agreement.

Section (11) SAVINGS CLAUSE
(1) If any provision or provisions of this Agreement shall be determined by any court to be invalid,

97 Meinoranduin of Understanding Between
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illegal, or unenforceable to any extent, the remainder of the Agreement shall continue in full force and effect and this Agreement shall be construed as ifthe invalid, illegal or unenforceable provision(s) had never been contained in this Agreement.

Section (12) AUTHORITY TO ENTER INTO AGREEMENT
(l) Each of the persons signing below on behalf of a Party represents and warrants that he or she is an authorized agent who has actual authority to bind LPS to each, and every term, condition, and obligation to this Agreement and that all requirements of LPS have been fulfilled to provide such actual authority.

98 Meinoranduin ot- Understanding Between
City of South Gate and Los Angeles Coui'ity
Flood Control District
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers, duly authorized by the LPS on , 2024, and by the LACFCDon ,2024.

By

MARK PESTRELLA, PE
Director of Public Works
Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
BY
Deputy Date

CITY OF SOUTH GATE
ATTEST:

B)/

GIL HURT ADO
Mayor
Date
By

YODIT GLAZE
City Clerk
Date
APPROVED AS TO FORM:

By
Date
City Attorney

99 Memoranduiii of Understanding Between
City of Sotith Gate and Los Angeles County
Flood Control District

EXHIBIT A

GRANT AGREEMENT

BETWEEN THE

ST ATE OF CALIFORNI A
(DEPARTMENT OF W ATER RESOURCES)
AND

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AGREEMENT NUMBER 4600015405
PROPOSITION l ROUND 2

INTEGRATED REGIONAL W ATER MANAGEMENT (IRWM)

IMPLEMENT ATION GRANT

FUNDING FROM THE WATER QUALITY, SUPPLY, AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014
(PROPOSITION 1)
PURSUANT TO CHAPTER 7 REGIONAL W ATER SECURITY, CLIMATE, AND

DROUGHT PREPAREDNESS
(WATER CODE § 79740 et seq.)

100

EXHIBITA
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960

GRANT AGREEMENT BETWEEN THE ST ATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AGREEMENT NUMBER 4600015405
PROPOSITION 1 ROUND 2INTEGRATED REGIONAL WATER MANAGEMENT (IRWM)

IMPLEMENT ATION GRANT
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or "DWR," and the Los Angeles County Flood Control District, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) to the Grantee to assist in financing the projects, which are included in and implemented in an adopted Integrated Regional Water Management Plan (IRWM Plan), pursuant to Chapter 7. Regional Water Security, Climate, and Drought Preparedness (Wat. Code, § 79740 et seq.). The provision of State funds pursuant to this Agreement shall be construed or interpreted to mean that the IRWM Plan, or any components of the IRWM Plan, implemented in accordance with the Work Plan as set forth in Exhibit A, has been adopted through the IRWM Plan Review Process, and is/are consistent with Water Code section 10530 et seq.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on May 6, 2023, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by December 31, 2027,in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after March 31, 2028 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $20,335,000.
4) GRANTEE COST SHARE. The Grantee is required to provide a Local Cost Share (non-state Funds) as set forth in Exhibit B (Budget). Local Cost Share may include Eligible Project Costs directly related to Exhibit Aincurred affer January 1, 2015.
5) BASIC CONDITIONS. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):

A. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2022 IRWM Grant Program Guidelines (2022 Guidelines).

B. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice ($O Invoices are acceptable) and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, "Submission of Reports" and Exhibit A, "Work Plan".

C. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.

Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement.

Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable permits, as indicated on the Environmental Information Form to the State,
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b) All documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency's CEQA documents (s) and State's notice of verification of permit submittal.

The State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State's concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iii. A monitoring plan as required by Paragraph 16, "Monitoring Plan Requirements," if applicable. 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation.

Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non- interest-bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, "Budget". Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after May 5, 2023, may be eligible for reimbursement.

Costs that are for reimbursement include, but are not limited to, the following items:

A. Costs, other than those noted above, incurred prior to the award date of this Grant.

B. Costs for preparing and filing a grant application.

C. Operation and maintenance costs, including post construction performance and monitoring costs.

D. Purchase of equipment that is not an integral part of a project.

E. Establishing a reserve fund.

F. Purchase of water supply.

G. Replacement of existing funding sources (e.g., bridge loans).

H. Meals, food items, or refreshments.

1. Payment of any punitive regulatory agency requirement, federal or state taxes.

J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain.
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K. Indirect Costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee's or LPS' organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project- specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.

L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program.

M. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law. 8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, "Basic Conditions" are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a "wet signature" for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 14, "Submission of Reports." Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March I ). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

Invoices submitted by the Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoicesshallcontainthedateoftheinvoice,eitherthetimeperiodcoveredbytheinvoiceorthe invoice date received within the time period covered, and the total amount due.

Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, "Budget." The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed).

One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours' summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State's funding amount, as depicted in Paragraph 3, "Grant Amount" and those costs that represent the Grantee's costs, as applicable, in Paragraph 4, "Grantee Cost Share." 22-103
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v. Original signature and date of the Grantee's Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original "wet signature" copy of the invoice form to the Project Manager at the following address: P.0. Box 942836 Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theff, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition D.5 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1 572-1573; Pen. Code, §§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 10551 authorizes advanced payment by the State for projects included and implemented in an applicable Integrated Regional Water Management Plan, and when the project proponent is a nonprofit organization; a disadvantaged community (DAC); or the project benefits a DAC. If a project is awarded less than $1,000,000 in grant funds, the project proponent may receive an advanced payment of fifty (50) percent of the grant award; the remaining fifty (50) percent of the grant award will be reimbursed in arrears after the advanced funds of a budget category have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment.

The Advanced Payment Request shall contain the following:

A. Documentation demonstrating that each Local Project Sponsor (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the Local Project Sponsor stating whether it wishes to receive the advanced payment or not.

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status.

The names of the entities that will receive the funding for each project, including, but not limited to, an identification as to whether the project proponent or proponents are nonprofit organizations or a DAC, or whether the project benefits a DAC.

A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. iv. Any other information that DWR may deem necessary.

C. Upon review and approval of the Advanced Payment Request, DWR will authorize payment of the fully requested amount for the qualified project(s). Based on the project's Funding Plan and other considerations, DWR may determine it is not prudent to advance the full request in a single disbursement. In such a case, DWR will develop a "Disbursement Schedule," to disburse funds in installments. This Disbursement Schedule may change based on the project's ongoing compliance with the Advanced Payment requirements and the project's cash flow needs.

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D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the "Disbursement Schedule" on behalf of the LPS(s), containing the request for each qualified project, to the State with signature and date of the Grantee's Project Representative, as indicated in Paragraph 21, "Project Representative." The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:

Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.
ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, "Budget." The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies).

On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.

3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

4. Proof of distribution of advanced funds to LPS(s), if applicable. v. The State's Project Manager will notify the Grantee, in a timely manner, when, upon review of the Accountability Report, the State determines that any portion of the expenditures claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, "Method of Payment for Reimbursement."
10) REPAYMENT OF ADVANCES. The State may demand repayment from the Grantee of all or any portion of the advanced State funding along with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State, and take any other action that it deems necessary to protect its interests for the following conditions:

A. A project is not being implemented in accordance with the provisions of the Grant Agreement.

B. The Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction. 24105
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C. Failure by the Grantee to submit complete and accurate quarterly Accountability Reports by the required due dates, unless otherwise approved by DWR.

D. Failure to deposit funds in a non-interest-bearing account.

E. Use of Advance Payment funds for ineligible expenses and/or activities not consistent with this Agreement.

F. Inappropriate use of funds, as deemed by DWR.

G. Repayment amounts may also include:

Actual costs incurred which are not consistent with the activities presented in Exhibit A, not supported, or are ineligible.

Advanced funds which are not fully expended by project completion, notwithstanding Water Code section 10551 (c)(4). Unused grant funds shall be returned to DWR within sixty (60) calendar days.

Any repayment of advanced Funds may consist or reducing the amount from future reimbursement invoices. The State may consider the Grantee's refusal to repay the requested advanced amount a material breach of this Agreement subject to the default provisions in Paragraph 12, "Default Provisions.

If the State notifies the Grantee of its decision to demand repayment or withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Agreement. 11 )WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests.

Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 12, "Default Provisions," the portion that has been disbursed shall thereafter be repaid immediately with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee's refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 12, "Default Provisions." If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party.
12) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other Agreement between the Grantee and the State evidencing or securing the Grantee's obligations.

B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement.

C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition D.5.

E. Failure to submit quarterly progress reports pursuant to Paragraph 5.

F. Failure to routinely invoice the State pursuant to Paragraph 8.

G. Failure to meet any of the requirements set forth in Paragraph 13, "Continuing Eligibility." 2G'106
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Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:

A. Declare the funding be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default.

B. Terminate any obligation to make future payments to the Grantee.

C. Terminate the Grant Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. 4 3) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 11 of the 2022 Guidelines and as stated on page 24 of the 2022 IRWM Implementation Grant Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2015 AWMP identified on the State's website. For more information, visit the website listed in Appendix A in the 2022 Guidelines.

C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) set forth on page 10 of the 2022 Guidelines.

E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program.

F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.qov.ca.qov/wp-contenUuploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf. "Economic Sanctions" refers to sanctions imposed by the u.s. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at 107
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least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
14) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State's Project Manager and shall be submitted via the DWR "Grant Review and Tracking System" (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports.

Reports shall be presented in the formats described in the applicable portion of Exhibit F, "Report Formats and Requirements." The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Proqress Reports: The Grantee shall submit quarterly Progress Reports to meet the State's requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State's Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee's activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($O Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1 ).

B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 9, "Advanced Payment."
C. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of ProjecUComponent completion as outlined in Exhibit F.

D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

E. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation.
15) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, "useful life" means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; "operation costs" include direct costs incurred for 2?-108
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material and labor needed for operations, utilities, insurance, and similar expenses, and "maintenance costs" include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 12, "Default Provisions." 16) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, "Project Monitoring Plan Guidance." 17) STATEWIDE MONITORING REQUIREMENTS. The Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Water Code § 10780 et seq.) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. See Exhibit G for web links and information regarding other State monitoring and data reporting requirements.
18) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State's representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.

D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way.

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State's Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 19) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

B. By certified u.s. mail, return receipt requested, postage prepaid.

C. By "overnight" delivery service; provided that next-business-day delivery is requested by the sender. 2Y109
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GrantAgreement No. 4600015405

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the u.s. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day affer the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 20) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee's performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
21 ) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional Assistance
P.0. Box 942836
Sacramento, CA 94236
Phone: (9"l6) 902-6713
Email: Arthur.Hinojosa(Qwater.ca.qov
Direct all inquiries to the Project Manager:

Department of Water Resources
Pavel Zakusilo
Engineer
P.0. Box 942836
Sacramento, CA 94236
Phone: (916) 326-9915
Email: [email protected]
Los Angeles County Flood Control District
Mark Pestrella, PE
Chief Engineer, Department of Public Works
900 South Fremont Avenue
Alhambra, CA 91803
Phone: (626) 458-4001
Email: [email protected]
Los Angeles County Flood Control District
Amanda Guzman-Perez
Grants Manager
900 S Fremont Avenue, 1 lth Floor
Alhambra, CA 90803
Phone: (626) 458-7117
Email: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.
22) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A - Work Plan
Exhibit B - Budget
Exhibit C - Schedule
Exhibit D - Standard Conditions
Exhibit E - Authorizing Resolution
Exhibit F - Report Formats and Requirements
Exhibit G - Requirements for Data Submittal
Exhibit H - State Audit Document Requirements and Cost Share Guidelines for the Grantee 110
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Exhibit I- Local Project Sponsors and Project Locations Exhibit J - Appraisal Specifications
Exhibit K - Information Needed for Escrow Processing and Closure Exhibit L - Project Monitoring Plan Guidance
Exhibit M - Invoice Guidance for Administrative and Overhead Charges GrantAgreementNo. 4600015405

IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
Arthur Hinojosa
Manager, Division of Regional Assistance
Date 12/5/2023

LOS ANGELES COUNTY FLOOD

CONTROL DISTRICT
k&uy 'l Fvarq For
Mark Pestrella, PE
Chief Engineer, Department of Public
Works
Date I2/5/2023

APPROVED AS TO FORM
County Counsel
For
Date 12/4/2023
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896[)D200960 Grant Agreement No. 4600015405

EXHIBIT A

WORK PLAN
PROPOSITION 1 ROUND 2 GREATER LOS ANGELES COUNTY IRWM IMPLEMENT ATION GRANT PROJECT 1: Regional Recycled Water Expansion Project IMPLEMENTING AGENCY: Gateway Water Management Authority PROJECT DESCRIPTION: The project will construct approximately 6,000 linear feet of pipeline to the City of Bell Gardens and approximately 1,900 linear feet of pipeline in the City of Downey to extend the recycled water service and provide water for irrigation of parks serving disadvantaged communities. Together, these facilities will bring 82 acre-feet (AF) of potable water offsets to the region at a critical time during Southern California's drought and ensure that these public open spaces can continue to support their communities.

Budget Category (a): Project Administration
Task 1: Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IRWM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days affer project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
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Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Project Feasibility Studies were completed as part of the project development process. Introduction and use of recycled water at Furman Park in the City of Downey for landscape irrigation purposes was included as part of the Feasibility Study conducted for Furman Park as part of Measure W Safe, Clean Water Program Furman Park Stormwater Capture and Infiltration Project. The City of Bell Gardens also completed studies to verify feasibility (or installing recycled water main extensions at Veterans Park and Suva Elementary School.

Deliverables:
* Relevant Feasibility Studies
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
* Legal Challenges Letter
Task 6: Permittinq
The following permits are anticipated to be acquired for this project: City of Downey Public Works Encroachment Permit, State Water Resources Control Board Division of Drinking Water Recycled Water Main Plan Approval, Los Angeles County Flood Control District Water Discharge Permit, Los Angeles County Sanitation District Waste Discharge Permit, and Los Angeles County Department of Public Health (LAC DPH) Recycled Water Plan Approval.

Deliverables:
* Permits as required
Task 7: Desiqn
100% Design Plans and Specifications have been completed for both the City of Bell Gardens and City of Downey components.

Deliverables:
* 100% Design Plans and Specifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D. 11- Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, g,2-113
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prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
* Bid Documents
* Proof of Advertisement
* Award of Contract
* Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for imormation, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
* DWR Certificate of Project Completion
* Record Drawings
Task 11 : Construction
Construction activities are outlined below.
11 (a): Mobilization and demobilization: For the City of Downey, mobilization and demobilization will include securing a staging area, mobilization of construction equipment, delivery of approved construction materials, and delivery of sanitary facilities for construction staff. For the City of Bell Gardens, it will include securing a staging area, mobilization of construction equipment, installation of advance warning changeable message signs indicating construction ahead, expect traffic delays, delivery of approved construction materials, and delivery of sanitary facilities for construction staff. 11 (b): Site preparation: For the City of Downey, site preparation will include installation of traffic control and pedestrian signage, posting of No Parking signage, construction surveying, and saw cutting of interfering asphalt and concrete. For the City of Bell Gardens, site preparation will include two weeks advance written notice to residents, tenants, businesses impacted by construction activities, two day notice to residents, tenants and businesses impacted by construction as No Parking signs are installed along with traffic control and pedestrian signage, construction surveying, saw cutting of applicable intefering asphalt and concrete, temporary striping as required. 1l (c): Construction: the project will extend recycled water service by constructing approximately 6,000 linear feet of pipeline in the City of Bell Gardens and approximately 1,900 linear feet of pipeline in the City of Downey. Work shall include but not be limited to installation of new recycled water main, water service lines, meters, and boxes; installation of gate valves, thrust blocks, and fittings, onsite recycled water service lines, and other associated facilities; abandonment and removal of existing potable water service lines, connections, and meters; clearing and grubbing; trenching, backfilling and compacting; asphalt concrete (AC) pavement reconstruction; reconstruction of miscellaneous Portland cement concrete improvements, landscaping, irrigation, and other existing improvements disturbed during the course of construction; traffic control; and all labor, tools, materials, equipment, and appurtenant work necessary for the proper construction of the contemplated improvements, in accordance with Plans and Specifications. 114
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Retrofit work shall include installation of recycled water identification and signage, cross connection testing in coordination with LAC DPH requirements, and final connection and approval of recycled water use at the associated sites.

Deliverables:
* Photographic Documentation of Progress
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Project 2: Water Main Replacement to Improve Drinking Water Quality & Fireflow Reliability IMPLEMENTING AGENCY: City of South Gate (City)
PROJECT DESCRIPTION: The project will replace approximately 7,000 feet ofl950's cast iron mains with new water mains in Zone 12 of the City's distribution system. The City will pressure test, disinfect, and conduct bacteriological testing. The project will provide 50 acre-feet per year (AFY) of improved water quality with the water main replacements and increase operational efficiency for the entire water system. As a part of this project, the City is partnered with community-based organizations to engage and educate the community on steps being taken to help address discoloration issues within the system.

Budget Categoiy (a): Project Administration
Task I : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IR\/VM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reportinq
Prepare progress reports detailing work completed during the reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Project Feasibility Studies were completed as part of the project development process. The project is part of the City of South Gate Water Master Plan 2019. Replacement of these mains was recommended in the City of South Gate Water Master Plan 2019 within a 5-year time frame based on the capacity and main break evaluation.
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* City of South Gate Water Master Plan 2019
Task 5: CEQA Documentation
Grant Agreement No. 4600015405

Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents, as required
* Legal Challenges Letter
Task 6: Permittinq
The following permits are anticipated to be acquired for this project: Plan review for a main separation waiver from the State Water Resources Control Board, Division of Drinking Water and a no fee excavation permit from the Public Works Department at the commencement of construction.

Deliverables:
* Permits as required
Task 7: Desiqn
The City is completing the design of a set of the Zone 12 water main replacements, with 1 00'/o Design Plans and Specifications.

Deliverables:

Basis of Design Report
1 00% Design Plans and Specifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D. 11 - Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:

Bid Documents
Proof of Advertisement
Award of Contract
Notice to Proceed
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Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
* DWR Certificate of Project Completion
* Record Drawings
Task 11 : Construction
Construction activities are outlined below.
11 (a): Mobilization and demobilization will include bringing and setting up the necessary equipment to the site. Equipment will include trucks, machines, tools, and workers to the site. Required equipment and materials for project materials will be mobilized.
1l (b): Site preparation will include establishing where pipelines or mains to be replaced are located and marked to verify exact coordinates. Pot-hole existing utilities. Notification to public to provide schedule of construction activities that will impact their day-to-day lives, including traffic control and water service disruptions will be conducted. Notification will be sent via the City's public notification system, e-mail, doorhangers, social media, and publicity during events and through engagement described in 11 (d). 11 (c): Construction will include excavation to access, remove and replace existing pipes. Installation of new water mains, pressure testing, disinfecting, and conducting a bacteriological test. Improvements will be made to the site including replacing undersized or leaking water mains, and unlined cast iron pipes that have deteriorated. Coordinate shutdowns. Pipeline replacements are being coordinated with road resurfacing efforts in order to improve the overlying road affer replacing the water main. 11 (d): Engagement will include working with community-based organizations to conduct community engagement for the project. Activities may include hosting community workshops, supporting the development and use of educational materials, door-knocking outreach to residents, and engaging with schools. These activities will help community members learn about local water supplies, understand water quality, and be aware of the work being done to improve the City's distribution system.

Deliverables:
* Photographic Documentation of Progress
* Outreach and Engagement materials (e.g., workshop summaries, educational materials, etc.) 118
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Project 3: Las Virgenes Creek Restoration Project Phase Ill IMPLEMENTING AGENCY: City of Calabasas
PROJECT DESCRIPTION: The project will provide flood protection benefits by removing fish barriers and other obstructions, stabilizing banks, and restoring the riparian understory that will culminate in the creation of 27 acres of hydrodynamic creek bed that will mitigate the severity of major flood events. The project will also provide ecosystem and habitat restoration benefits by restoring the 1.5-mile site, or approximately 27 acres cleared or burned and broken trees. Over 400 linear feet of bank will be established through bio-engineering methods. It is estimated that the project will enhance 13.8 AFY of natural water resources.

Budget Category (a): Project Administration
Task 1 : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IRWM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reportinq
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days affer project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
@ Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Project Feasibility Studies were completed as part of the project development process. A feasibility study is currently being prepared. The study will include hydrology and water quality flow rate, outfall BMP options, landscape and vegetation plans, and monitoring plan. 119
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Deliverables:
* Relevant Feasibility Studies
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
* Legal Challenges Letter
Task 6: Permittinq
The following permits are anticipated to be acquired for this project: California Department of Fish and Wildlife Lake or Streambed Alternation Agreement (Section 1600), United States Army Corps of Engineers Clean Water Act Section 404 Permit and Los Angeles Regional Water Quality Control Board 401 Water Quality Certification.

Deliverables:
* Permits as required
Task 7: Desiqn
Concept and final designs have been developed for bank stabilization; storm drain outlet retrofit & plant rehabilitation.

Deliverables:
* 1 00% Design Plans and Specifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D. 41 - Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
* Bid Documents
* Proof of Advertisement
* Award of Contract
* Notice to Proceed
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
* DWR Certificate of Project Completion
* Record Drawings
Task 11 : Construction
Construction activities are outlined below.
11 (a): Mobilization, site preparation, and demobilization activities include transporting equipment and materials to and from the project site.
11 (b): Implementation activities will include clearing burned and broken trees and the planting of new native oak trees in approximately 27 acres along the Las Virgenes Creek.

Site restoration will include the following:

Removal of fish barriers and other obstructions within the creek; Installation of rip rap for approximately 25 outlets; Installation of best management practices to treat stormwater at the end of the pipes; Restoration and rehabilitation of areas along Las Virgenes Creek that were severely damaged by storms (i.e., removal of dead and/or broken mature trees and the planting of new native oak trees); 400 linear feet of bank stabilization through bioengineering methods and erosion control; Building extension of the Lower Natural Trail to expand public access to another area to view the creek in a natural environment; and
Building crosswalk on Lost Hill Road.

Deliverables:
* Photographic Documentation of Progress
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DocuSign Envelope IC: E79AF50E-F[)48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Project 4: Drought Resiliency Water Conservation Program IMPLEMENTING AGENCY: Las Virgenes Municipal Water District PROJECT DESCRIPTION: The project is a three-way partnership between Las Virgenes Municipal Water District (LVMWD), West Basin Municipal Water District (WBMWD), and Los Angeles County Public Works - Waterworks District #29 (Public Works), collectively known as the partners The project will implement a regional water conservation program and will reduce water use by incentivizing the removal of approximately 110,000 square feet of turf and installing native and drought tolerant plants. Additionally, the project is estimated to provide 650 residential audits, 400 smart sprinkler timers, 135 flow monitoring meters, 450 drip irrigation kits, 400 rain barrels, 6 cisterns, and 12 firescaping workshops. The project will conserve approximately 58 AFY of potable water.

Budget Category (a): Project Administration
Task 1 : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IRWtVl regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reportinq
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable.

Deliverables: N/A
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DocuSign Envelope IC: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
* Legal Challenges Letter
Task 6: Permittinq
Not applicable.

Deliverables: N/A
Task 7: Desiqn
NOTE: Program information shall notify applicants of potential tax liability for rebates.

Deliverables: N/A
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Categoiy (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.1 I - Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
* Bid Documents
* Proof of Advertisement
* Award of Contract
* Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.
42-
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Deliverables:
* DWR Certificate of Project Completion
@ Record Drawings
Task 1l : Implementation:

Implementation activities include:

Turf Removal Rebates: The Partners will be adding additional turf removal funding in order to increase the current $2 per square foot rebate to a $5 per square foot rebate. Rebates will incentivize the removal of approximately 110,000 square feet of turf and installation of native and drought tolerant plants.
* Landscape Surveys (Audits): Both LVMWD and Public Works have active vendors that will provide approximately 650 landscape surveys as part of this project. The agencies will utilize the prior survey data to contact customers and offer the new project. * Smart Sprinkler Timers and Installations: A licensed contractor will be hired to perform the installation and programming of approximately 400 smart sprinkler timers, per manufacturer specifications. * Flow Monitoring Meters: LVMWD and Public Works will promote the Flow Monitoring Meters and provide approximately 135 of them to their customers. The agencies will utilize the data to alert residents of any possible leaks.
* Garden in a Box and Drip migation Kits: The partners will coordinate to offer free landscape classes to educate residents about low water use plants and how to install drip irrigation systems.

Approximately 450 kits will be provided to residents, and they will be required to install within 60 days and provide photographic proof.
* Firescaping Workshops: The partners will work collaboratively to provide firescaping instructional classes in person and/or virtual to educate and promote plants that help protect properties from fire.

Approximately twelve (12) classes will be hosted.
@ Rain Barrels: The partners will coordinate small one-day distribution events or will provide vouchers to qualifying residents with up to two (2) free or 50% cost share rain barrels. The project will provide approximately 400 rain barrels, which can hold up to 50 gallons. @ Cisterns: The partners will work with North Santa Monica Bay Watershed Coordinator (Watershed Coordinator) the Resource Conservation District of the Santa Monica Mountains (RCDSMM) and Accelerate Resilience LA (ARLA) to create a streamlined template process. The Watershed Coordinator has several sites ready for this project. They will help the Project Partners to work with the cities and L.A. County to obtain any required permits or inspections for approximately 6 larger cisterns.

Deliverables:
* Photographic Documentation of Progress
* Surveys, or Site visit reports (pre and post) to measure water use and confirm installations; * Maps with geographic locations of program participants; * Monthly water conservation savings report during active Program Period 43124
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Project 5: Malibu Civic Center Water Treatment Facility - Phase 2 IMPLEMENTING AGENCY: City of Malibu
PROJECT DESCRIPTION: The project will construct the second phase of the Civic Center Water Treatment Facility (CCWTF), expanding the facility's capacity from 190,000 gallons to 350,000 gallons of wastewater per day. The project will also design and construct recycled water pump stations and the transmission mains needed to capture and deliver recycled wastewater to an additional approximately 445 properties. The project will provide approximately 179 AFY of recycled water and will bolster the Malibu Valley groundwater basin against saltwater intrusion by discharging treated effluent directly into the basin.

Budget Category (a): Project Administration
Task 1 : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IR\/VM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reportinq
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Project Feasibility Studies were completed as part of the project development process. The City of Malibu has prepared a Feasibility Study (Final Design Report).

Deliverables:
* Relevant Feasibility Studies
44125
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 5: CEQA Documentation
An Environmental Impact Report was filed for this project with the State Clearinghouse in January of 2021.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents, as required
* Legal Challenges Letter
Task 6: Permittinq
The following permits have been acquired for this project: South Coast Air Quality Management District (SCAQMD)- Rule 43 Fugitive Dust; Odor Control System; Stand-by Generator; United States Fish and Wildlife Service - Endangered Species Act Compliance; Los Angeles Regional Water Quality Control Board - National Pollutant Discharge Elimination System Construction; Discharges of Groundwater from Construction Dewatering to Surface Water; Discharges of Low Threat Hydrostatic Test Water to Surface Water; California Department of Water Resources - Encroachment Permit; and City of Malibu - Building Permit.

The following permits are anticipated to be acquired for this project: Los Angeles County- Encroachment Permit; Los Angeles Department of Public Works- Encroachment Permit; City of Malibu- Encroachment Permit; and City of Malibu- Building Permit
Deliverables:
* Permits as required
Task 7: Desiqn
The Project is Phase 2 of the City of Malibu's planned expansion or the CCWTF. The Basis of Design report was completed in 2017. Design of Phase 2 was completed in February 2021. The design includes the expansion of the CCWTF collection system to approximately 450 homes and increase the capacity of the treatment plant from 191,000 gallons per day to 350,000 gallon per day.

Deliverables:
* Basis of Design Report
* I 00% Design Plans and Specifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.1 1- Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. 126
DocuSign Envelope 10: E79AF50E-FD48-4744-9BF8-28%DD200%0 GrantAgreementNo. 4600015405

Deliverables:

Bid Documents
* Proof of Advertisement
* Award of Contract
* Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
* DWR Certificate of Project Completion
* Record Drawings
Task 11 : Construction
Construction activities are outlined below.
11 (a): Mobilization and Demobilization: Mobilization consists of preparatory work and operations, including, but not limited to movement of personnel, equipment, and supplies to project site. It also includes full compensation for furnishing all labor, equipment, tool, materials, compensation of payment of bonds and insurance. Demobilization will consist of removal of personnel, equipment and supplies from project site.
1l (b): Site preparation will include over excavation to provide stable excavation bottom, off-haul of export soils and unsuitable for fill materials.
1l (c): Construction:
* Modifications and additions to existing pump stations, headworks, equalization basin, UV disinfection area, solids storage tank and blowers building, chemical area and membrane area. * Install biological reactors, membrane equipment system, trojan UV disinfection equipment, site electrical and I&C, and solid thickening membrane equipment system. * Install approximately 34,000 linear feet of pipeline throughout Malibu Colony, Serra Canyon, Surfrider Beach, Malibu Canyon, Vista PaciTica/De Ville Condominiums including installing Malibu Colony, Malibu Lagoon, Malibu Creek and Crumpacker Liff stations. * Modifications to Injection Well No. 3: Clean the existing well casing. Install injection pump, necessary pipework and valves. Above ground, install piping, fittings and electrical equipment and connect equipment to the treatment plant programming system. * Dewatering in Serra and Malibu Colony
* Shoring, Sheeting and Bracing
Deliverables:
* Photographic Documentation of Progress
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Project 6: Emergency Source of Water Supply Connection - Las Virgenes Connection IThflPLEMENTING AGENCY: Los Angeles County Waterworks District No. 29 PROJECT DESCRIPTION: The project will construct approximately 7,127 feet of new 12-inch diameter steel waterline, valves, and pressure regulating stations to establish a new interconnection between Los Angeles County Waterworks District No. 29 (District 29) and LVMWD. The project will improve emergency preparedness, disaster response, and water supply reliability for customers in the District 29 service area by providing approximately 2,421 AFY of water.

Budget Category (a): Project Administration
Task 1 : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IRWM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reportinq
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of thisAgreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
@ Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
The Los Angeles County Waterworks District No. 29 Encinal Canyon Interconnection Project Concept Report was completed as part of the project development process.

Deliverables:
* Los Angeles County Waterworks District No. 29 Encinal Canyon Interconnection Project Concept Report
4?-128
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Task 5: CEQA Documentation
Grant Agreement No. 460001 5405

An Environmental Impact Report was filed for this project with the State Clearinghouse and Los Angeles County Clerk in May 2021. Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
* Legal Challenges Letter
Task 6: Permittinq
The following permits are anticipated to be acquired for this project: Los Angeles County Department of Regional Planning Coastal Development Permit; City of Malibu Coastal Development Permit; and City of Malibu Encroachment Permit.

Deliverables:
* Permits as required
Task 7: Desiqn
1 00% percent design plans and specifications are completed for the waterline and pressure reducing stations.

Approval of the final design requires City of Malibu and Los Angeles County Department of Regional Planning approvals.

Deliverables:

Basis of Design Report
I 00% Design Plans and Specifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Categoiy (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D. 11- Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:

Bid Documents
Proof of Advertisement
Award of Contract
Notice to Proceed
451
129
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
* DWR Certificate of Project Completion
* Record Drawings
Task 11 : Construction
Construction activities include mobilization of equipment and materials, preparing the site with performance testing of all the components to ensure proper function and compliance with final design, construction of approximately 7,127 feet of new 12-inch diameter steel waterline, three pressure regulating stations, valves, hydrants, and appurtenances, and demobilization of equipment and materials.

Task 1l : Construction
Construction activities are outlined below.
11 (a): Mobilize and demobilize equipment and materials to and from project site. 11 (b): Prepare site by conducting performance testing of all the components to ensure proper function and compliance with final design.
1 1(c): Construct approximately 7,127 feet of new 12-inch diameter steel waterline, three pressure regulating stations, valves, hydrants, and appurtenances.

Deliverables:
* Photographic Documentation of Progress
4'?
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896[)D200960 GrantAgreementNo. 4600015405

Project 7: Van Ness Avenue Well Field Project
IMPLEMENTING AGENCY: City of Torrance
PROJECT DESCRIPTION: The project will drill three new water wells, upgrade a booster pump station, and construct a transmission main to provide the City of Torrance an additional water supply of approximately 5,620 AFY for use during a drought or emergency. The pumped groundwater will be piped to an existing groundwater production facility and will be distributed to the central part of Torrance through the existing pipe network.

Budget Category (a): Project Administration
Task 1 : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IRWM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reportinq
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Project Feasibility Studies were completed as part of the project development process.

Deliverables:
* Relevant Feasibility Studies
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
* Legal Challenges Letter
Task 6: Permittinq
The following permits have been acquired for this project: City Excavation Permit obtained for transmission main.

The following permits are anticipated to be acquired for this project: State Water Resources Control Board, Division of Drinking Water Permit, obtained with facility is completed, if required.

Deliverables:
* Permits as required
Task 7: Desiqn
The final design plans and specifications will be completed.

Deliverables:
* Basis of Design Report
* I 00% Design Plans and Specifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.11 - Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. The project will be contracted as a design-build contract.

Deliverables:
* Bid Documents
* Proof of Advertisement
* Award of Contract
* Notice to Proceed
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405

Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
* DWR Certificate of Project Completion
* Record Drawings
Task 11 : Construction
Construction activities include:
11 (a): Mobilization and demobilization activities, including transport of equipment and materials to and from the Project site.
1l (b): Site preparation activities will include setting up temporary facilities (e.g., portable bathrooms, field office).
11(c): Construction: the project will drill three new water wells: Well 12 will be drilled on City property at 185'h Street and Purche Avenue; Well 13 will be drilled at the west corner of La Carretera Park; Well 14 will be drilled at the southeast corner of Descanso Park. Booster pump improvements will be analyzed to see what level of the following will be needed for improvements: chloramine injection system, including chemical storage tanks, skid mount metering pumps, containment system, chemical analyzer, injection piping, and injection quill assembly. Installation of the remaining areas of the transmission main pipe include: pipe on Purche Avenue from 1 85'h Street to 1 82nd Street, pipe on 1 82nd Street to 1 76'h Street, pipe on Van Ness Avenue at Torrance Blvd, pipe on Van Ness Avenue from 1 95'h Street to 1 85'h Street, and pipe on 1 85'h Street from Van Ness Avenue to Purche Avenue.

Deliverables:
* Photographic Documentation of Progress
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Project 8: Manhattan Beach Coastal Restoration and Resiliency Project IMPLEMENTING AGENCY: City of Manhattan Beach
PROJECT DESCRIPTION: The project will implement stormwater treatment by installing approximately:6 Centralized High Flow Capacity Treatment Devices at stormwater outfalls, 2 trench inlet filters, 18 distributed catch basin connector pipe screens and drop basket screens, and 8 inlet filter inserts. These grey infrastructure installations will reduce the amount of human generated trash by approximately 1,658 gallons annually. The project will also restore approximately 3.2 acres of the existing dunes along the Manhattan Beach shoreline.

Budget Categoiy (a): Project Administration
Task 4 : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IRWM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days affer project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
The Preliminary Design Approach was completed as part of the Project development process.

Deliverables:
* 2022 Preliminary Design Approach
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
Legal Challenges Letter
Task 6: Permittinq
The following permits are anticipated to be acquired for this project: Coastal Development Permit from the California Coastal Commission; and Connection Permits from the Los Angeles County Flood Control District.

Deliverables:
@ Permits as required
Task 7: Desiqn
The final design plans and specifications have been completed.

Deliverables:
* Basis of Design Report
* 100%DesignPIansandSpecifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.1 1 - Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
* Bid Documents
* Proof of Advertisement
* Award of Contract
* Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, 54135
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2898DD200960 Grant Agreement No. 4600015405

reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
* DWR Certificate of Project Completion
* Record Drawings
Task 11 : Construction
Construction activities include transportation of equipment and materials to the project site, setting up temporary facilities (e.g., portable bathrooms, field office), and installation of six (6) Centralized High Flow Capacity Treatment Devices at strategic stormwater outfalls, i.e., continuous deflection separation units (i.e., swirl concentrator hybrid technology that uses continuous deflective separation to screen, separate and trap debris, sediment, and hydrocarbons from stormwater runoff); two (2) trench inlet filters; eighteen (18) distributed catch basin connector pipe screens and drop basket screens; eight (8) inlet filter inserts. The project will also restore approximately 3.2 acres of the existing dunes along the Manhattan Beach shoreline.

The restoration project involves the removal of non-native vegetation, seeding/planting of native vegetation, strategic installation of temporary sand fencing as vegetation establishes, installation of symbolic fencing on existing pathways, and installation of educational features like interpretive signage. Demobilization will include transportation of equipment and materials from the project site.

Deliverables:
* Photographic Documentation of Progress
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Project 9: Harbor South Bay Water Recycling Project IMPLEMENTING AGENCY: West Basin Municipal Water District PROJECT DESCRIPTION: The project will extend a combined total of approximately 6,700 linear feet of new recycled water pipelines for landscape irrigation at public parks and schools located within the cities of Carson and Gardena. The laterals will be constructed within public right of way and will serve the following locations:

Peary Middle School, Mas Fukai Park, Curtiss Middle School, and Mills Memorial Park. Use of recycled water for irrigation purposes will bring needed sustainable water supplies to these communities by reducing reliance on imported drinking water by nearly 60 AFY.

Budget Category (a): Project Administration
Task 1 : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IR\/VM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reportinq
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable.

Deliverables: N/A
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 5: CEQA Documentation
A Mitigated Negative Declaration was filed for the Mills Park Recycled Water Lateral with the State Clearinghouse and the County Clerk of Los Angeles in August 2009. Complete environmental review pursuant to CEQA for all other project locations. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
* Legal Challenges Letter
Task 6: Permittinq
The following permits are anticipated to be acquired for this project: City of Carson Encroachment Permit; City of Gardena Encroachment Permit.

Deliverables:
@ Permits as required
Task 7: Desiqn
Design recycled water laterals with United States Army Corps of Engineers (USACOE) support. Plans will be prepared to the corresponding jurisdictional standards in the city where the project is located. A pre-design report will be prepared to establish the basis of design and will identify the alignment, pipe material and methods of installation, hydraulic calculations, permit requirements and processing, preliminary cost estimates, and construction schedules. The final pre-design report will be certified by a State Professional Engineer.

The pre-design report will guide design. Geotechnical soil testing will be performed, and information will be incorporated into the design. Utility search will start with the pre-design component; those existing utilities will be incorporated into the design plans. Potholing will be peformed to identify and mitigate conflicts. Plans and Specifications will be prepared following USACOE standard templates. The Plans and Specifications are expected to be submitted at a 60%, 90% and 1 00% design level. Final cost estimates will be calculated.

Plans will be submitted to the corresponding jurisdictional entity for approval. Traffic control plans will be prepared following the jurisdictional entities' requirements and submitted for approval.

Upon completion and review of the 1 00% design submittal, the construction bid package will be assembled signed, and used for advertisement of bid solicitation.

Deliverables:
* Basis of Design Report
* 1 00% Design Plans and Specifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Budget Categoiy (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D. 11 - Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
@ Bid Documents
* Proof of Advertisement
* Award of Contract
* Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, noti$ing contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
* DWR Certificate of Project Completion
* Record Drawings
Task Il : Construction
Construction activities are outlined below.
11 (a): Mobilization includes construction related activities to take project site photos prior to starting of construction, shop drawing submittal, and service yard preparation. Demobilization includes removal of equipment from site and service yard and punch list completion. 11 (b): Site preparation will include performing field surveys, crossing utility potholing, signage installation, and saw cutting.
11 (c): Installation will include material procurement, trenching, traffic control installation, install approximately 6,700 linear pipe and related appurtenances.

Deliverables:
* Photographic Documentation of Progress
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600075405

Project 10: Healthy Pocket Parks and Schools
IMPLEMENTING AGENCY: Los Angeles Neighborhood Land Trust (LANLT) PROJECT DESCRIPTION: The project will remove approximately 40,000 square feet of asphalt surfaces and replace it with a 2-acre multi-benefit green schoolyard at 52"d Street Elementary School (School) located in South Los Angeles. The project will maximize greening opportunities at the School by planting trees and installing over 20,000 square feet of new California native habitat and 20,000 square feet of green infrastructure swales to capture, slow, and clean runoff. Other features include a new California native turf field. The project will capture approximately 1.3 AFY of rainfall that falls onsite, which reduces the School's flood risk.

Budget Category (a): ProjectAdministration
Task I : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IRWM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days affer project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable.

Deliverables: N/A
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
* Legal Challenges Letter
Task 6: Permittinq
Not applicable.

Deliverables: N/A
Task 7: Desiqn
Procure a design consultant team to prepare a site survey and conduct a geotechnical investigation to determine soil composition, location of water table, infiltration potential, etc.

The conceptual design for the project was based on preliminary feedback from school and district staff. The elements included are typical school greening features and will be refined based on any additional community identified priorities once the project is underway.

Work with students, staff, and community-based organizations, to conduct community engagement for the project. Activities may include design workshops, educational programming discussions, and surveys. The engagement will focus on getting a sense for how the students, teachers, and community members intend to use the school yard and identify ways to reconfigure the space to allow for significantly more green areas while also accommodating some of the needs for ball play and other classes that require hard surfaces while still providing for natural cooling through shade, habitat, and stormwater infiltration where possible.

Deliverables:
* Basis of Design Report
* I 00% Design Plans and Specifications
* Outreach and Engagement materials (e.g. workshop summaries, educational materials, etc.) * Geotechnical study
* Site survey
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D. 11- Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. gO141
DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreement No. 4600015405

Deliverables:
@ Bid Documents
* Proof of Advertisement
* Award of Contract
Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Manage construction by coordinating with contractors/landscape architects, processing change orders, etc.

Deliverables:
* DWR Certificate of Project Completion
@ Record Drawings
Task 11 : Construction
Construction activities include setting up equipment and bringing necessary equipment to the site (i.e., trucks, machines, tools, and workers); preliminary grading and site clearing for project construction; removal of 40,000 square feet of impermeable asphalt surface; installation of 20,000 square feet of new native turf; installation of 20,000 feet of planted swales; and approximately 30 shade trees; and demobilization of project equipment.

Deliverables:
* Photographic Documentation of Progress
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Project 11: City of Burbank Advanced Metering Infrastructure Upgrade IMPLEMENTING AGENCY: City of Burbank
PROJECT DESCRIPTION: The project will upgrade the City of Burbank's Advanced Metering Infrastructure (AMI) system and retrofit or replace lids for wireless connectivity, improving interface with Burbank Water and Power's (BWP) existing customer information systems (CIS). The project will replace an estimated 8,000 AMI transmitters in single-family residences and an estimated 19,089 transmitters throughout the City of Burbank where the existing AMI has failed or is in need or replacement. The project will conserve approximately 512 AFY of water.

Budget Category (a): Project Administration
Task 1 : Project Manaqement
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with IR\NM regional manager. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
* Invoices and associated backup documentation
Task 2: Reportinq
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager's comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
* Quarterly Project Progress Reports
* Project Completion Report
* Documentation (e.g., photo) of "Acknowledgment of Credit & Signage" per Standard Condition D.2 Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this project.

Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Project Feasibility Studies were completed as part of the project development process.

Deliverables:
* Relevant Feasibility Studies
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 GrantAgreementNo. 4600015405

Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.

Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
* All completed CEQA documents as required
* Legal Challenges Letter
Task 6: Permittinq
Not applicable.

Deliverables: N/A
Task 7: Desiqn
Design of the project was completed in September 2022.

Deliverables:
* Final Plans & Specifications
Task 8: Project Monitorinq Plan
Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR's review and approval.

Deliverables:
* Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D. 11 - Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
* Bid Documents
* Proof of Advertisement
* Award of Contract
* Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project.

Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.
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DocuSign Envelope ID: E79AF50E-FD48-4744-9BF8-2896DD200960 Grant Agreement No. 4600015405