HomeMy WebLinkAbout05. Apprv Transfer Agmt No. 2020MP23 w-LA County Flood Control District - Safe Clean Water Prgm.liC91-1111110
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL APPROVED BY
CITY GEA
FROM: OFFICE OF THE CITY MANAGER
BY:DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKS/CITY EAE
DATE: AUGUST 11, 2020
SUBJECT: APPROVE TRANSFER AGREEMENT NO. 202OMP23 WITH THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE SAFE CLEAN
WATER PROGRAM — MUNICIPAL PROGRAM
That the City Council:
1. Approve Transfer Agreement No. 202OMP23 with the Los Angeles County Flood Control
District for the Safe Clean Water Program — Municipal Program;
2. Authorize Mayor to execute the agreement in a form acceptable by City Attorney; and
3. Authorize City Manager to execute any and all amendments to the agreement as deemed
necessary.
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Regional Program: 50%
Municipal Program: 40%
LACFCD Implementation Costs: 10%
Transfer Agreement No. 2020MP23 with the Los Angeles County Flood Control District for the
Safe Clean Water Program — Municipal Program
August 11, 2020
The Regional Program has established several Watershed Areas made up of multiple
municipalities. Each Watershed Area will collaborate together via a Watershed Area Steering
Committee (WASC) to allocate funding for SCWP projects that are regionally significant and
impact multiple municipalities. The City of Downey is represented in both the Lower Los
Angeles River and Lower San Gabriel River WASCs and can propose regionally significant
projects or programs for these WASC's consideration.
The Municipal Program is estimated to provide approximately $1.44 million in local return funds
annually to the City of Downey to offset existing and planned City Stormwater Fund Projects
and Programs related to the SCWP. These funds can be used towards City projects and
programs in accordance with Chapters 16 and 18 of the LACFCD Code, also known as the
SCWP Implementation Ordinance. Generally, the funds must help ensure the City's compliance
with the State of California's National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit, the goal of which is to capture, treat,
and re -use stormwater. The City will be able to carryover uncommitted Municipal Program funds
for up to five (5) years.
The LACFCD will be disbursing the Municipal Program funds to the municipalities upon
execution of the attached Transfer Agreement (Attachment 1). As part of the requirements of
the Transfer Agreement, the City will submit an Annual Plan for utilization of the Municipal
Program funds. Staff is preparing the Annual Plan for the current fiscal year under which the
City will spend the funds on Stormwater Fund operations and maintenance, programs, and
capital improvement projects such as the Firestone Boulevard Dry Well Improvement Project
that ensure compliance with the MS4 Permit.
Quality of Life, Infrastructure & Parks
The City will receive approximately $1.44 million annually in Measure W Local Return Funds to
be used towards safe, clean water projects and programs in accordance with Chapters 16 and
18 of the LACFCD Code. This first allocation comes from the annual parcel tax revenue that
was collected in calendar year 2019.
F1if_TermINI:I 11
Attachment A — Transfer Agreement between the Los Angeles County Flood Control District and
Downey Agreement No. 2020MP23 Safe, Clean Water Program — Municipal Program
Municipal Program
Agreement No.: 202OMP23
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
DOWNEY
AGREEMENT NO. 202OMP23
SAFE, CLEAN WATER PROGRAM — MUNICIPAL PROGRAM
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood
Control District Code shall apply to this Agreement. In addition, the following definitions shall
21so apply:
Page 1 of 23
Municipal Program
Agreement No.: 202OMP23
"Agreement" means this Transfer Agreement, including all exhibits and attachments hereto.
"Annual Plan" means the plan referred to in Section 18.09.B.5 of the Code that includes
the contents speced in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code.
"Days" means calendar days unless otherwise expressly indicated.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year.
"Safe Clean Water (SCW) Program Payment" means the Municipality's annual allocation
of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the
District to the Municipality.
The District and the Municipality designate the following individuals as the primary points
of contact and communication regarding the Municipal Program and the administration
and implementation of this Agreement.
Los Angeles County Flood Control District
Name:
Municipality: Down-
.„ -
Address:
Address
Phone.
Phone:
Email:
Email:
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EXHIBIT A —ANNUAL PLAN CONTENTS
EXHIBIT B — GENERAL TERMS AND CONDITIONS
EXHIBIT C — NATURE -BASED SOLUTIONS (Best Management Practices)
EXWIBIT D — OPEII)NS AND MAINTENANCE GUIDANCE DOCUMENT
Page 2 of 23
Municipal Program
Agreement No.: 202OMP23
A. The Municipality shall annually prepare and submit to the District, an Annual Plan.
The Annual Plan for the 2020-21 Fiscal Year shall be submitted to the District no
later than 45-days after the execution of this Agreement by the last party to sign.
An Annual Plan for each subsequent Fiscal Year shall be submitted not later than
90-days prior to the start of the Fiscal Year for which the Plan is prepared.
BThe Municipality shall utilize the SCW Program Payments in compliance with
Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and
D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the
Code, specifically including, without limitation, Section 18.06.
X The District shall disburse the Municipality's SCW Program Payment for the 2020-
21 Fiscal Year within 45-days of the signed executed Agreement or within 14-days
of the District's receipt of the Annual Plan for 2020-21 Fiscal Year in compliance
with Exhibit A, whichever comes later. The initial disbursement of SCW Program
Payments shall include the amount of revenue collected by the District at the time
of Agreement execution; any additional funds that are subsequently collected will
be disbursed by August 31, 2020.
B, SCW Program Payments in subsequent Fiscal Years will generally be available
for disbursement by August 31, provided a duly executed transfer agreement is in
effect and subject to the Municipality's compliance with the conditions described in
paragraph C, below; however the District may, in its discretion, change the date
and number of the actual disbursements for any Fiscal Year based on the amount
and timing of revenues actually collected by the District.
C. For subsequent Fiscal Years, the District shall disburse the Municipality's SCW
Program Payment upon satisfaction of the following conditions: (1) the District has
received the Annual Progress/Expenditure Report required pursuant to Section
18.06.D of the Code; (2) the District has received Municipality's Annual Plan for
that Fiscal Year, and (3) the Municipality has complied with the audit requirements
of Section B-6 of Exhibit B.
JK Notwithstanding any other provision of this Agreement, no disbursement shall be
made at any time or in any manner that is in violation of or in conflict with federal,
state, County laws, policies, or regulations.
EAll disbursements shall be subject to and be made in accordance with the terms
and conditions in this Agreement and Chapters 16 and 18 of the Code.
Page 3 of 23
Municipal Program
Agreement No.: 202OMP23
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This Agreement shall expire at the end of the 2023-24 Fiscal Year. The parties shall
thereafter enter into a new agreement based on the most recent standard template
agreement approved by the Board.
This Agreement may be executed simultaneously or in any number of counterparts,
including both counterparts that are executed manually on paper and counterparts that
are in the form of electronic records and are executed electronically, whether digital or
encrypted, each of which shall be deemed an original and together shall constitute one
and the same instrument.
The District and the Municipality hereby agree to regard facsimile/electronic
representations of original signatures of authorized officers of each party, when appearing
in appropriate places on this Agreement and on any addenda or amendments thereto,
delivered or sent via facsimile or electronic mail or other electronic means, as legally
sufficient evidence that such original signatures have been affixed to this Agreement and
any addenda or amendments thereto such that the parties need not follow up
facsimile/electronic transmissions of such documents with subsequent (non-
facsimile/electronic) transmission of "original" versions of such documents.
Further, the District and the Municipality: (i) agree that an electronic signature of any party
may be used to authenticate this Agreement or any addenda or amendment thereto, and
if used, will have the same force and effect as a manual signature; (ii) acknowledge that
if an electronic signature is used, the other party will rely on such signature as binding the
party using such signature, and (iii) hereby waive any defenses to the enforcement of the
terms of this agreement based on the foregoing forms of signature.
Page 4 of 23
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Maria Alicia Duarte, CMC, City Clerk B
APPROVED AS TO FOR �:
Title: Mayor
Date,
Yvett 1. Abich Garcia, City Attorney
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By:
Name:
Title:
Date:
Page 5 of 23
Municipal Program
Agreement No.: 2020MP23
A-1. Description of all projects anticipated to be funded using the SCW Program
Payment. Include a discussion of how the projects will result in the achievement of
one or more SCW Program Goals, including quantitative targets and corresponding
metrics for subsequent reporting of all applicable parameters.
A-2. Description of all programs anticipated to be funded using the SCW Program
Payment. Include a discussion of how the programs will result in the achievement of
one or more SCW Program Goals; including quantitative targets and corresponding
metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded
using the SCW Program Payment. Include a discussion of how those activities will
result in the achievement of one or more SCW Program Goals. Additional operation
and maintenance activities, even if funded by other sources, should be referenced to
provide an overview of anticipated overall project approach.
A-4. Description of the stakeholder and community outreach/engagement activities
anticipated to be funded with the SCW Program Payment, including discussion of how
local NGOs or CBOs will be involved, if applicable, and if not, why. Additional
outreach/engagement activities, even if funded by other sources, should be
referenced to provide an overview of anticipated overall project approach.
A-5. Description of post -construction monitoring for projects completed using the SCW
Program Payment. Additional post -construction monitoring activities, even if funded
by other sources, should be referenced to provide an overview of anticipated overall
project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award
of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.
A-7. Provide the budget for the activities described in provisions Al through A-5 SCW
Program Payment.
Page 6 of 23
Municipal Program
Agreement No.: 202OMP23
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SCW Program Payments distributed to the Municipality shall be held in a separate
interest -bearing account and shall not be combined with other funds. Interest
earned from each account shall be used by the Municipality only for eligible
expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW
Program Payments; interest earned prior to disbursement is property of the
District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting
Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and
disbursements for their SCW Program Payment.
The Municipality shall include appropriate acknowledgement of credit to the District's
Safe, Clean Water Program for its support when promoting activities funded with SCW
Program funds or using any data and/or information developed SCW Program funds.
When the SCW Program Payment is used, in whole or in part, for construction of an
infrastructure Project, signage shall be posted in a prominent location at Project site(s) or
at the Municipality's headquarters and shall include the Safe, Clean Water Program color
logo and the following disclosure statement: "Funding for this project has been provided
in full or in part from the Los Angeles County Flood Control District's Safe, Clean Water
Program." At a minimum the sign shall be 2'x 3' in size. The Municipality shall also include
in each of its contracts for work under this Agreement a provision that incorporates the
requirements stated within this paragraph.
When the SCW Program Payment is used, in whole or in part, for a scientific study, the
Municipality shall include the following statement in the study report: "Funding for this
study has been provided in full or in part from the Los Angeles County Flood Control
District's Safe, Clean Water Program." The Municipality shall also include in each of its
contracts for work under this Agreement a provision that incorporates the requirements
stated within this paragraph.
B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for
Projects and Programs that are consistent with the SCW Program Goals and with the
provisions of Chapter 16 and 18 of the Code.
Any Municipality that acquires the fee title to real property using, in whole or in part, SCW
Program funds shall record a document in the office of the Registrar-Recorder/County
Page 7 of 23
Municipal Program
Agreement No.: 202OMP23
Clerk containing a covenant not to sell or otherwise convey the real property without the
prior express written consent of the District, which consent shall not be unreasonably
withheld.
Except as provided in Section 11 of the Agreement, no amendment or variation of the terms
of this Agreement shall be valid unless made in writing and signed by the parties. No oral
or written understanding or agreement not incorporated in this Agreement is binding on
any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
The Municipality shall retain for a period of seven (7) years, all records necessary
in accordance with Generally Accepted Accounting Principles to determine the
amounts expended, and eligibility of Projects implemented using SCW Program
Payments. The Municipality, upon demand by authorized representatives of the
District, shall make such records available for examination and review or audit by
the District or its authorized representatives. Records shall include accounting
records, written policies and procedures, contract files, original estimates,
correspondence, change order files, including documentation covering negotiated
settlements, invoices, and any other supporting evidence deemed necessary to
substantiate charges related to SCW Program Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine
compliance with the terms and conditions of this Agreement and all requirements
applicable to the Municipality contained in chapters 16 and 18 of the Code.
Municipality shall obtain an independent audit of their SCW Program Payments
every three (3) years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copy of all audit reports by the ninth (9th) month from the
end of each three (3) year period to detail the preceding three (3) years of
expenditures. Audit reports shall be posted on the District's publicly accessible
website.
Every Third Fiscal Year
Fiscal Year Audit Be9ins, Aud,,it Report Due,to District
2020-21 7/1/2023 No later than 3/31/2024
4. Upon reasonable advanced request, the Municipality shall permit the Chief
Engineer to examine the infrastructure Projects using SCW Program Payments.
The Municipality shall permit the authorized District representative, including the
Auditor -Controller, to examine, review, audit, and transcribe any and all audit
Page 8 of 23
Municipal Program
Agreement No.: 202OMP23
reports, other reports, books, accounts, papers, maps, and other records that
relate to the SCW Program Payments. Examination activities are considered
District administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapte
16 or 18 of the Code, or of this Agreement, shall be subject to the enforceme
and remedy provisions of Section 18.14 of the Code. I
District's obligation to disburse the SCW Program Payment is contingent upon the
availability of sufficient funds to permit the disbursements provided for herein. If sufficient
funds are not available for any reason including, but not limited to, failure to fund
allocations necessary for disbursement of the SCW Program Payment, the District shall
not be obligated to make any disbursements to the Municipality under this Agreement.
This provision shall be construed as a condition precedent to the obligation of the District
to make any disbursements under this Agreement. Nothing in this Agreement shall be
construed to provide the Municipality with a right of priority for disbursement over any
other Municipality. If any disbursements due to the Municipality under this Agreement are
deferred because sufficient funds are unavailable, it is the intention of the District that
such disbursement will be made to the Municipality when sufficient funds do become
available, but this intention is not binding. If this Agreement's funding for any Fiscal Year
is reduced or deleted by order of the Board, the District shall have the option to either
cancel this Agreement with no liability occurring to the District or offer an amendment to
the Municipality to reflect the reduced amount.
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The laws of the State of California govern this Agreement.
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Any claim of the Municipality is limited to the rights, remedies, and claims procedures
provided to the Municipality under this Agreement. Municipal expenditures of a SCW
Program Payment that involves the District shall utilize a separate and specific agreement
to that Project that includes appropriate indemnification superseding that in this
Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to
comply with all provisions of Chapters 16 and 18 of the Code.
B-1 1. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and
subcontractors to comply with all applicable local, state and federal laws, rules,
guidelines, regulations, and requirements.
Page 9 of 23
Municipal Program
Agreement No.: 202OMP23
Page 10 of 23
Municipal Program
Agreement No.: 202OMP23
B-16. Funding Considerations and Exclusions
All expenditures of SCW Program Payments by Municipality must comply with the
provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District
Code, including but not limited to the provisions regarding eligible expenditures
contained in Section 16.05.A.2 and the provision regarding ineligible expenditures
contained in Section 16.05.A.3.
2. SCW Program Payments shall not be used in connection with any Project
implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental
Environmental Project ("SEP") as defined by State Water Resources Control
Board Office of Enforcement written policies, or any other Project implemented
pursuant to the settlement of an enforcement action or to offset monetary penalties
imposed by the State Water Resources Control Board, a Regional Water Quality
Control Board, or any other regulatory authority; provided, however, that SCW
funds may be used for a Project implemented pursuant to a time schedule order
("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the
time the TSO was issued, the Project was included in an approved watershed
management program (including enhanced watershed management programs)
developed pursuant to the MS4 Permit.
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The Municipality shall indemnify, defend and hold harmless the District, the County of Los
Angeles and their elected and appointed officials, agents, and employees from and
against any and all liability and expense, including defense costs, legal fees, claims,
actions, and causes of action for damages of any nature whatsoever, including but not
limited to bodily injury, death, personal injury, or property damage, arising from or in
conjunction with: (1) any Project or Program implemented by the Municipality, in whole or
in part, with SCW Program Payments or (2) any breach of this Agreement by the
Municipality.
B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this
Agreement, shall act in an independent capacity and not as officers, employees, or agents
of the District.
The Municipality shall not contract work with a contractor who is in a period of debarment
from any agency within the District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete
statement of the terms of the agreement between the District and Municipality, and
expressly supersedes any and all prior oral or written agreements, covenants,
representations and warranties, express or implied, concerning the subject matter of this
Agreement.
Page 11 of 23
Municipal Program
Agreement No.: 202OMP23
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments
for up to five (5) years from the end of the fiscal year in which those funds are
transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SCW Program Payment within five (5)
years from the end of the fiscal year in which those funds are transferred from the
District to the Municipality, then lapsed funding procedures will apply. Lapsed
funds are funds that were transferred to the Municipality but were not committed
to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year
in which those funds were transferred from the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the
respective Watershed Area to a new Project with benefit to that Municipality, if
feasible in a reasonable time frame, or otherwise to the Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipality's
control, then the Municipality may request an extension of up to twelve (12) months
in which to commit the funds to eligible expenditures. Extension Requests must
contain sufficient justification and be submitted to the District in writing no later
than three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will
be subject to lapsed funding procedures without exception.
Fiscal Year
Transferred.
2019-20
Funds La se
After
6/30/2025
B-21. Municipal Project Access
No later than
C/31/2025
No later than
6/30/2026
Upon reasonable advance request, the Municipality shall ensure that the District or any
authorized representative, will have safe and suitable access to the site of any Project
implemented by the Municipality in whole or in part with SCW Program Payments at all
reasonable times.
B-22. Non -Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and
policies regarding non-discrimination in employment and equal employment opportunity.
Page 12 of 23
Municipal Program
Agreement No.: 202OMP23
B-23. No Third -Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party
as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking
established herein
B-24. Notice
The Municipality shall notify the District in writing within five (5) working days of the
occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or
b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation
pending or threatened against the Municipality regarding its continued existence,
consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal
Year, including discussion of any major changes to the scope of funded
projects or programs, noteworthy delays in implementation, reduction in
benefits or community engagement, and/or modifications that change the SCW
Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a
potential archaeological or historical resource be discovered during
construction, the Municipality agrees that all work in the area of the find will
cease until a qualified archaeologist has evaluated the situation and made
recommendations regarding preservation of the resource, and the District has
determined what actions should be taken to protect and preserve the resource.
The Municipality agrees to implement appropriate actions as directed by the
District.
c. Any public or media event publicizing the accomplishments and/or results of
this Agreement and provide the opportunity for attendance and participation by
District representatives with at least fourteen (14) days' notice to the District.
B-25. Municipality's Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in
work performed pursuant to this Agreement including, but not limited to, contractors,
subcontractors, suppliers, and providers of services. The Municipality shall be responsible
for responding to any and all disputes arising out of its contracts for work on the Project.
The District will not mediate disputes between the Municipality and any other entity
concerning responsibility for performance of work.
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Municipal Program
Agreement No.: 202OMP23
The Municipality shall be subject to and comply with all applicable requirements of the
District regarding reporting requirements. Municipalities shall report available data
through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual
Progress/Expenditure Reports, using a format provided by the District, within six
(6) months following the end of the Fiscal Year to the District to detail the activities
of the prior year. The Annual Progress/Expenditure Reports shall be posted on the
District's publicly accessible website and on the Municipality's website. The Annual
Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended;
c. Documentation that the SCW Program Payment was used for eligible
expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and
progress made to date, during the applicable reporting period including
comparison to the Annual Plan and corresponding metrics;
e. Discussion of any existing gaps between what was planned and what was
achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and
Community Investment Benefits and a summary of how SCW Program
Payments have been used to achieve SCW Program Goals for the prior
year, including graphical representation of available data and specific
metrics to demonstrate the benefits being achieved through the years'
investments.
g. Discussion of alignment with other local, regional, and state efforts,
resources, and plans, as applicable. This includes discussion of
opportunities for addressing additional SCW Program Goals, leveraging
SCW Program Goals, and increasing regional capacity to supplement the
SCW Program.
h. Additional financial or Project -related information in connection with activity
funded in whole or in part using SCW Program Payments as required by
the District.
i. Certification from a California Registered Professional (Civil Engineer or
Geologist, as appropriate), that projects implemented with SCW Program
Payments were conducted in accordance with Chapters 16 and 18 of the
Code.
Page 14 of 23
Municipal Program
Agreement No.: 2020MP23
Report on annual and total (since inception of program) benefits provided
by programs and projects funded by SCW Program Payment. This includes
comparisons to annual plans and alignment with corresponding specific
quantitative targets and metrics (note that SCW Reporting Module will
facilitate calculation of benefits and graphical representation of pertinent
data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed
aquifer
iv. Annual creation, enhancement, or restoration of Community
Investment Benefits. If none, discuss considerations explored and
reasons to not include.
v. Annual acreage increases in Nature -Based Solutions and claimed
level of NBS (with matrix demonstrating determination of good,
better, best, as outlined in Exhibit C). If none, discuss considerations
explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss
considerations explored and reasons to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or
achieved with the SCW Program Payment described in the Annual Plan Exhibit A.
This information must be readily accessible to members of the public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide
such reports, data, and information as may be reasonably requested by the District
including, but not limited to material necessary or appropriate for evaluation of the
SCW Program or to fulfill any reporting requirements of the County, state or federal
government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
Authorization and Validity. The execution and delivery of this Agreement, including
all incorporated documents, by the individual signing on behalf of Municipality, has
been duly authorized by the governing body of Municipality, as applicable. This
Agreement constitutes a valid and binding obligation of the Municipality,
enforceable in accordance with its terms, except as such enforcement may be
limited by law.
2. No Violations. The execution, delivery, and performance by the Municipality of this
Agreement, including all incorporated documents, do not violate any provision of
any law or regulation in effect as of the date set forth on the first page hereof, or
result in any breach or default under any contract, obligation, indenture, or other
Page 15 of 23
Municipal Program
Agreement No.: 202OMP23
instrument to which the Municipality is a party or by which the Municipality is bound
2s of the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Municipality's knowledge, threateneM
actions, claims, investigations, suits, or proceedings before any government
authority, court, or administrative agency which affect the Municipality's ability•
complete the Annual Plan.
4. Solvency. None of the transactions contemplated by this Agreement will be or ha
been made with an actual intent to hinder, delay, or defraud any present or futulj-;�
creditors of the Municipality. As of the date set forth on the first page hereof, t
Municipality is solvent and will not be rendered insolvent by the transactio
contemplated by this Agreement. The Municipality is able to pay its debts as th
become due.
5. Legal Status and Eligibility. The Municipality is duly organized and existing and in
good standing under the laws of the State of California. The Municipality shall at
all times maintain its current legal existence and preserve and keep in full force
and effect its legal rights and authority.
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Any reimbursement for necessary ground transportation and lodging shall be at rates not
to exceed those set by the California Department of Human Resources; per them costs
will not be eligible expenses. These rates may be found at
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement
will be at the State travel amounts that are current as of the date costs are incurred by
the Municipality. No travel outside the Los Angeles County Flood Control District region
shall be reimbursed unless prior written authorization is obtained from the Program
Manager.
In the event that any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable, the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
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Page 16 of 23
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The Municipality fails to maintain reasonable progress in achieving SCW Progra"i
Goals, following an opportunity to cure.
Page 17 of 23
Municipal Program
Agreement No.: 202OMP23
EXHIBIT' BASED SOLUTIONS
PRACTICES
Municipalities shall consider incorporation of Nature -based solutions (NBS) into their
projects. NBS refers to the sustainable management and use of nature for undertaking
socio-environmental challenges, including climate change, water security, water pollution,
food security, human health, and disaster risk management. As this environmental
management practice is increasingly incorporated into projects for the SCW Program, this
guidance document may be expanded upon to further quantify NBS practices based on
benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow,
detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying
predominantly on soils and vegetation; increasing the permeability of Impermeable Areas;
protecting undeveloped mountains and floodplains; creating and restoring riparian habitat
and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil
through composting, mulching; and, planting trees and vegetation, with preference for
native species. NBS may also be designed to provide additional benefits such as
sequestering carbon, supporting biodiversity, providing shade, creating and enhancing
parks and open space, and improving quality of life for surrounding communities. NBS
include Projects that mimic natural processes, such as green streets, spreading grounds
and planted areas with water storage capacity. NBS may capture stormwater to improve
water quality, collect water for reuse or aquifer recharge, or to support vegetation growth
utilizing natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report whether and
how their project achieves a good, better, or best for each of the 6 NBS methods in
accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports
should include discussion on any considerations taken to maximize the class within each
method. If at least 3 methods score within a single class, the overall project can be
characterized as that class. Municipalities must attach a copy of the matrix for each
project with the good, better, or best column indicated for each method, to facilitate District
tracking of methods being utilized.
METHODS
Vegetation/Green
Space
Increase of
Permeability
Protection of
Undeveloped
Mountains &
Floodplains
Creation &
Restoration of
Riparian Habitat &
Wetlands
Municipal Program
Agreement No.: 202OMP23
Page 19 of 23
New Landscape
Elements
Enhancement of Soil
Municipal Program
Agreement No.: 202OMP23
Page 20 of 23
Municipal Program
Agreement No.: 202OMP23
IAN 1111r.-a-il Iq Ism I"!hU9 ME -
specific operational and maintenance plans shall consider the activities listed below and
set forth specific activities and frequencies (not limited to those below) as determined to
be appropriate by the Municipalities and best practices, including stakeholder
engagement as applicable. Operational maintenance is to be performed by the operator
of the Project with a purpose to make the operator aware of the state of readiness of the
Project to deliver stormwater and urban runoff benefits.
doomnwmmzo-?*%Tmol
• Regular removal of litter, nonhazardous waste materials, and accumulated
debris near planted areas, rock areas, decomposed granite areas, rest
areas, fence perimeters, adjoining access roads and driveways, drains,
pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
• Regular inspection and maintenance of pet waste stations
• Maintaining trash receptacles
• Removal of trash, debris, and blockages from bioswales
• Inspection and cleaning of trash booms
• Inspection of weir gates and stop logs to clean debris, as required.
I M_ 7=
T!'eed control
• Recognition and removal of weeds, such as perennial weed
morning glory, vine -type weeds, ragweed, and other undergrou
spreading weeds.
• Avoiding activities that result in weed seed germination (e.g. freque
soil cultivation near trees or shrubs)
• Regular removal of weeds from landscape areas, including fro
berms, painted areas, rock areas, gravel areas, pavement crac )I
along access roads and driveways, drains, pedestrian trails, viewi
stations, park shelters, and bicycle paths.
Tree and shrubbery trimming and care
• Removal of dead trees and elimination of diseased/damaged gro
• Prevent encroachment of adjacent property and provide vertic
IC
clearance
• Inspect for dead or diseased plants regularly
Wetland vegetation and landscape maintenance
• Installation and maintenance of hydrophytic and emergent plants in
perennially wet and seasonal, intermittent habitats.
• Draining and drawdown of wetland and excessive bulrush removal
Page 21 of 23
Municipal Program
Agreement No.: 202OMP23
• Weed and nuisance plant control
• Removal • aquatic vegetation (e.g. algae • primrose) using
appropriate watercraft and harvesting equipment
• Wildflower and meadow maintenance
• Grass, sedge, and ::• management
• Removal • unwanted hydroseed
3. Wildlife Management
• • species control
• Provide a•, management; promote growth • plants at appropriate
densities and promote habitat structure for animal species
• "•- sensitive animal species -• protection during critical life stages
including breeding and migration)
• Avoid disturbances to nesting birds
• Avoid spread of invasive aquatic species
4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis
• Inspect for and report graffiti in shelter houses, viewing stations, benches,
paving surfaces, walls, fences, and educational and directional signs
• Inspect facilities for hazardous conditions on roads and trails (e.g. access
roads and trails, decomposed granite pathways, and maintenance roads)
• Inspect shade structures for structural damage or defacement
• Inspect hardscapes
• Inspect and maintain interpretive and informational signs
• Inspect site furnishings (e.g. benches, hitching posts, bicycle racks)
• Maintain deck areas (e.g. benches, signs, decking surfaces)
• Visually inspect weirs and flap gates for damage; grease to prevent locking.
• Inspect all structures after major storm events, periodically inspect every 3
months, and operate gates through full cycles to prevent them from locking
up.
5. Irrigation System Management
Ensuring automatic irrigation controllers are functioning properly and
providing various plant species with proper amount of water.
• Cycle controller(s) through each station manually and automatically
to determine if all facets are functioning properly.
• Inspection should be performed at least •
• Recover, replace, or refasten displaced or damaged valve box
•
• Inspect and repair bubbler heads.
Page 22 of 23
Municipal Program
Agreement No.: 2020MP23
o Repair and replace broken drip lines or emitters causing a loss of
water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging.
Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and
filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation
• Operating irrigation system to ensure it does not cause excessively wet,
waterlogged areas, and slope failure
• Utilizing infrequent deep watering techniques to encourage deep rooting,
drought tolerant plant characteristics to promote a self-sustaining, irrigation
free landscape
• Determine watering schedules based on season, weather, variation in plant
size, and plant varieties. At least four times a year (e.g. change of season),
reschedule controller systems.
• Turn off irrigation systems at the controller at the beginning of the rainy
season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.
• • slopes for erosion during each maintenance activity
• Inspect basins for erosion
• Take corrective measures as -'•-• including filling •i-• surfaces,
reinstalling or extending bank protection, and replanting exposed soil.
• Monitor controllable intake water flow and water elevation
• Examine inflow and outflow structures to ensure devices are functioning
properly and are free of obstructions.
• Water • sampling (quarterly, unless justified •
• • telemetry equipment
• Tracking and reporting inspection and maintenance records
8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species
• •`-• • • influent wastewater to lessen production • larval
mosquitos
• Managing emergent vegetation
• Using hydraulic control structures to rapidly dewater emergent marsh areas
• Managing flow velocities to reduce propagation of vectors
Page 23 of 23