HomeMy WebLinkAboutE-18 Staff Report - Measure W FundsCONSENT ITEM
E-18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROBERT DELGADILLO, DIRECTOR OF PUBLIC WORKS
DATE: JULY 20, 2020
SUBJECT: APPROVE TRANSFER AGREEMENT WITH THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT TO RECEIVE MEASURE W FUNDS
THROUGH THE SAFE, CLEAN WATER PROGRAM
BACKGROUND:
The Measure W parcel tax ballot measure is the Safe, Clean Water (SCW) Program, and
on November 6, 2018, Measure W (the SCW Program ballot measure) was successfully passed
by the voters. The Measure W revenues are generated through the collection of a special parcel
tax. With the approval of the SCW Program, the first annual parcel tax is being collected for
Fiscal Year 2019-20.
The purpose of measure W is to improve/protect water quality, capture rain/storm water to
increase safe drinking water supplies, protect public health and marine life by reducing pollution,
trash, and toxins/plastics entering the LA County waterways/bays/beaches, and modernize the
water system infrastructure.
40 percent of the collected tax will be distributed to the municipalities including the City of
Azusa within the District. In order to receive the Measure W funds, the City of Azusa has to
execute the transfer agreements with the Los Angeles County Flood Control District. The
transfer agreements for the Municipal Program will expire every 4 years, and funds are used for
implementation, operations and maintenance, and administration of eligible projects and
programs.
APPROVED
CITY COUNCIL
7/20/2020
Measure W
July 20, 2020
Page 2
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1) Authorize staff to execute the transfer agreement and addenda with the Los Angeles
County Flood Control District in order to receive the Measure W funds through the Safe,
Clean, Water Program.
ANALYSIS:
The Los Angeles County Board of Supervisors, acting as the governing body of the Los Angeles
County Flood Control District (LACFCD) has approved a standard transfer agreement template
on June 9, 2020. The transfer agreement’s purpose is to establish terms and conditions for the
transfer of Safe, Clean Water Program funds to municipalities including the City of Azusa,
Regional Program project developers and recipients, and a standard template addendum to
extend Regional Program funding for projects over multiple fiscal years.
The LACFCD has provided the City of Azusa with the preliminary Measure W revenue
estimates of $620,000, and in order to receive the Measure W funds, the City must execute the
transfer agreement with LACFCD.
Once the transfer agreements are approved and executed, staff are authorized to implement the
required documents and draw down on the Measure W Safe, Clean Water Program funds.
FISCAL IMPACT:
On November 6, 2018, Measure W (the SCW Program ballot measure) was successfully passed
by the voters, and the Measure W revenues are generated through the collection of parcel tax.
With the approval of the SCW Program, the first annual parcel tax is being collected for Fiscal
Year 2019-20.
The City of Azusa will receive approximately $620,000 of revenues from the Measure W Safe,
Clean Water Program once the transfer agreements are executed and required documents are
implemented and accepted by the LACFCD.
Prepared by: Reviewed and approved:
Richard Lam Robert Delgadillo
Budget Administrator Director of Public Works/
City Engineer
Measure W
July 20, 2020
Page 3
Fiscal Impact Review Reviewed and approved
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1) Transfer Agreement between the Los Angeles County Flood Control District and the City
of Azusa.
Municipal Program
Agreement No.: 2020MP05
Page 1 of 23
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
AZUSA
AGREEMENT NO. 2020MP05
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of
June 25, 2020 by and between the Los Angeles County Flood Control District, hereinafter
referred to as "District," and Azusa, hereinafter referred to as "Municipality."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW)
Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code)
and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County
Flood Control District Code), administers the SCW Program for the purpose of funding
Projects and Programs to increase stormwater and urban runoff capture and reduce
stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control
District Code, forty percent (40%) of annual SCW Program tax revenues shall be
allocated to Municipalities within the District, in the same proportion as the a mount of
revenues collected within each Municipality, to be expended by those cities within the
cities' respective jurisdictions and by the County within the unincorporated areas that are
within the boundaries of the District, for the implementation, operation and maintenance,
and administration of Projects and Programs, in accordance with the criteria and
procedures established in this Chapters 16 and 18 of the Los Angeles County Flood
Control District Code;
WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control
District Code, prior to their receipt of SCW Program funds, Municipalities must enter into
an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard
template Agreement, as required by and in accordance with Section 18.09 of the Los
Angeles County Flood Control District Code, for the transfer of SCW Program funds to
Municipalities.
NOW, THEREFORE, in consideration of the promises, mutual representations,
covenants and agreements in this Agreement, the District and the Municipality, each
binding itself, its successors and assigns, do mutually promise, covenant, and agree as
follows:
I.DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood
Control District Code shall apply to this Agreement. In addition, the following definitions shall
also apply:
Attachment 1
Municipal Program
Agreement No.: 2020MP05
Page 2 of 23
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto.
“Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes
the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code.
“Days” means calendar days unless otherwise expressly indicated.
“Fiscal 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.
“Year” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points
of contact and communication regarding the Municipal Program and the administration
and implementation of this Agreement.
Los Angeles County Flood Control District Municipality: Azusa
Name:
Name:
Address: Address:
Phone: Phone:
Email: Email:
Either party to this Agreement may change the individual identified as the primary point
of contact above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements
hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices)
EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
Municipal Program
Agreement No.: 2020MP05
Page 3 of 23
IV. MUNICIPAL PROGRAM IMPLEMENTATION
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.
B. The Municipality shall utilize the SCW Program Payments in compliance with
Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and
D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the
Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. 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.
D. 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.
E. All disbursements shall be subject to and b e made in accordance with the terms
and conditions in this Agreement and Chapters 16 and 18 of the Code.
Municipal Program
Agreement No.: 2020MP05
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VI. Term of Agreement
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.
VII. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts,
including both counterparts that are executed manually on paper and counterparts that
are in the form of electronic records and are executed electronically, whether digital o r
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.
Municipal Program
Agreement No.: 2020MP05
Page 5 of 23
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
AZUSA
By: ____________________________________
Name:
Title:
Date: __________________________________
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name:
Title:
Date: __________________________________
Municipal Program
Agreement No.: 2020MP05
Page 6 of 23
EXHIBIT A – ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program
Payment. Include a discussion of how the projects will result in the achievement of
one or more SCW Program Goals, including quantitative targets and corresponding
metrics for subsequent reporting of all applicable parameters.
A-2. Description of all programs anticipated to be funded using the SCW Program
Payment. Include a discussion of how the programs will result in the achievement of
one or more SCW Program Goals; including quantitative targets and corresponding
metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded
using the SCW Program Payment. Include a discussion of how those activities will
result in the achievement of one or more SCW Program Goals. Additional operation
and maintenance activities, even if funded by other sources, should be referenced to
provide an overview of anticipated overall project approach.
A-4. Description of the stakeholder and community outreach/engagement activities
anticipated to be funded with the SCW Program Payment, including discussion of how
local NGOs or CBOs will be involved, if applicable, and if not, why. Additional
outreach/engagement activities, even if funded by other sources, should be
referenced to provide an overview of anticipated overall project approach.
A-5. Description of post-construction monitoring for projects completed using the SCW
Program Payment. Additional post-construction monitoring activities, even if funded
by other sources, should be referenced to provide an overview of anticipated overall
project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award
of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.
A-7. Provide the budget for the activities described in provisions A1 through A -5 SCW
Program Payment.
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Agreement No.: 2020MP05
Page 7 of 23
EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Payments distributed to the Municipality shall be held in a separate
interest-bearing account and shall not be combined with other funds. Interest
earned from each account shall be used by the Municipality only for eligible
expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW
Program Payments; interest earned prior to disbursement is property of the
District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting
Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and
disbursements for their SCW Program Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s
Safe, Clean Water Program for its support when promoting activities funded with SCW
Program funds or using any data and/or information developed SCW Program funds.
When the SCW Program Payment is used, in whole or in part, for construction of an
infrastructure Project, signage shall be posted in a prominent location at Project site(s) or
at the Municipality’s headquarters and shall include the Safe, Clean Water Program color
logo and the following disclosure statement: “Funding for this project has been provided
in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water
Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include
in each of its contracts for work under this Agreement a provision that inco rporates 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 pa rt, SCW
Program funds shall record a document in the office of the Registrar -Recorder/County
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Agreement No.: 2020MP05
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Clerk containing a covenant not to sell or otherwise convey the r eal property without the
prior express written consent of the District, which consent shall not be unreasonably
withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms
of this Agreement shall be valid unless made in writing and signed by the parties. No oral
or written understanding or agreement not incorporated in this Agreement is binding on
any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
1. The Municipality shall retain for a period of seven (7) years, all records necessary
in accordance with Generally Accepted Accounting Principles to determine the
amounts expended, and eligibility of Projects implemented using SCW Program
Payments. The Municipality, upon demand by authorized representatives of the
District, shall make such records available for examination and review or audit by
the District or its authorized representatives. Records shall include accounting
records, written policies and procedures, contract files, original estimates,
correspondence, change order files, including documentation covering negotiated
settlements, invoices, and any other supporting evidence deemed necessary to
substantiate charges related to SCW Program Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine
compliance with the terms and conditions of this Agreement and all requirements
applicable to the Municipality contained in chapters 16 and 18 of the Code.
Municipality shall obtain an independent audit of their SCW Program Payments
every three (3) years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copy of all audit reports by the ninth (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 Begins Audit 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
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Agreement No.: 2020MP05
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reports, other reports, books, accounts, papers, maps, and other records that
relate to the SCW Program Payments. Examination activities are considered
District administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapters
16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement
and remedy provisions of Section 18.14 of the Code.
B-7. Availability of Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the
availability of sufficient funds to permit the disbursements provided for herein. If sufficient
funds are not available for any reason including, but not limited to, failur e 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 u nder this Agreement are
deferred because sufficient funds are unavailable, it is the intention of the District t hat
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 op tion to either
cancel this Agreement with no liability occurring to the District or offer an amendment to
the Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures
provided to the Municipality under this Agreement. Municipal expenditures of a SCW
Program Payment that involves the District shall utilize a separate and specific agreement
to that Project that includes appropriate indemnification superseding that in this
Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to
comply with all provisions of Chapters 16 and 18 of the Code.
B-11. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and
subcontractors to comply with all applicable local, state and federal laws, rules,
guidelines, regulations, and requirements.
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B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects
The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of
all or a significant part or portion of any Project funded in whole or in par t with SCW
Program Payments during the useful life (defined as 30 years unless specified otherwise
in annual plans and subsequent reports) of the Project without prior written approval of
the District. Such approval may be conditioned as determined to be a ppropriate by the
District, including a condition requiring repayment of a pro rata amount of the SCW
Program Payments used to fund the Project together with interest on said amount
accruing from the date of lease or disposal of the Project.
B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the
other parties in writing of the dispute. The parties will then meet and confer within 21
calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process set forth in the preceding
paragraph, any party may initiate mediation of the dispute. Mediation will be before a
retired judge or mediation service mutually agreeable to the parties. All costs of the
mediation, including mediator fees, will be paid one-half by the District and one-half by
the Municipality. SCW Program Payments shall not be used to pay for any costs of the
mediation.
The parties will attempt to resolve any dispute through the process set forth above before
filing any action relating to the dispute in any court of law.
B-14. Final Inspection and Certification of Registered Professional
Upon completion of the design phase and before construction of a project, the
Municipality shall provide certification by a California Registered Professional (i.e.,
Professional Civil Engineer, Engineering Geologist) that the design has been completed.
Upon completion of the project, the Municipality shall provide for a final inspection and
certification by a California Registered Professional (i.e., Professional Civil Engineer,
Engineering Geologist), that the Project has been completed in accordance with
submitted final plans and specifications and any modifications thereto and in accordance
with this Agreement.
B-15. Force Majeure.
In the event that Municipality is delayed or hindered from the performance of any act
required hereunder by reason of strikes, lockouts, labor troubles, inability to procure
materials not related to the price thereof, riots, insurrection, war, or other reasons of a
like nature beyond the control of the Municipality, then performance of such acts shall
be excused for the period of the delay, and the period for the performance of any such
act shall be extended for a period equivalent to the period of such delay.
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B-16. Funding Considerations and Exclusions
1. All expenditures of SCW Program Payments by Municipality must comply with the
provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District
Code, including but not limited to the provisions regarding eligible expenditures
contained in Section 16.05.A.2 and the provision regarding ineligible expenditures
contained in Section 16.05.A.3.
2. SCW Program Payments shall not be used in connection with any Project
implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental
Environmental Project ("SEP") as defined by State Water Resources Control
Board Office of Enforcement written policies, or any other Project implemented
pursuant to the settlement of an enforcement action or to offset monetary penalties
imposed by the State Water Resources Control Board, a Regional Water Quality
Control Board, or any other regulatory authority; provided, however, that SCW
funds may be used for a Project implemented pursuant to a time schedu le order
("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the
time the TSO was issued, the Project was included in an approved watershed
management program (including enhanced watershed management programs)
developed pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los
Angeles and their elected and appointed officials, agents, and employees from and
against any and all liability and expense, including defense costs, leg al 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.
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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 (5 th) 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 g ranted will
be subject to lapsed funding procedures without exception.
Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any
authorized representative, will have safe and suitable access to the site of any Project
implemented by the Municipality in whole or in part with SCW Program Payments at all
reasonable times.
B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and
policies regarding non-discrimination in employment and equal employment opportunity.
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B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party
as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking
established herein
B-24. Notice
1. The Municipality shall notify the District in writing within five (5) working days of the
occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or
b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation
pending or threatened against the Municipality regarding its continued existence,
consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal
Year, including discussion of any major changes to the scope of funded
projects or programs, noteworthy delays in implementation, reduction in
benefits or community engagement, and/or modifications that change the SCW
Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a
potential archaeological or historical resource be discovered during
construction, the Municipality agrees that all work in the area of the find will
cease until a qualified archaeologist has evaluated the situation and made
recommendations regarding preservation of the resource, and the District has
determined what actions should be taken to protect and preserve the resource.
The Municipality agrees to implement appropriate actions as directed by the
District.
c. Any public or media event publicizing the accomplishments and/or results of
this Agreement and provide the opportunity for attendance and participation by
District representatives with at least fourteen (14) days’ notice to the District.
B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in
work performed pursuant to this Agreement including, but not limited to, contractors,
subcontractors, suppliers, and providers of services. The Municipality shall be responsible
for responding to any and all disputes arising out of its contracts for work on the Project.
The District will not mediate disputes between the Municipality and any other entity
concerning responsibility for performance of work.
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B-26. Reporting
The Municipality shall be subject to and comply with all applicable requirements of the
District regarding reporting requirements. Municipalities shall report available data
through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual
Progress/Expenditure Reports, using a format provided by the District, within six
(6) months following the end of the Fiscal Year to the District to detail the activities
of the prior year. The Annual Progress/Expenditure Reports shall be posted on the
District’s publicly accessible website and on the Municipality’s website. The Annual
Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended;
c. Documentation that the SCW Program Payment was used for eligible
expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and
progress made to date, during the applicable reporting period including
comparison to the Annual Plan and corresponding metrics;
e. Discussion of any existing gaps between what was planned and what was
achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and
Community Investment Benefits and a summary of how SCW Program
Payments have been used to achieve SCW Program Goals for the prior
year, including graphical representation of available data and specific
metrics to demonstrate the benefits being achieved through the years’
investments.
g. Discussion of alignment with other local, regional, and state efforts,
resources, and plans, as applicable. This includes discussion of
opportunities for addressing additional SCW Program Goals, leveraging
SCW Program Goals, and increasing regional capacity to supplement the
SCW Program.
h. Additional financial or Project-related information in connection with activity
funded in whole or in part using SCW Program Payments as required by
the District.
i. Certification from a California Registered Professional (Civil Engineer or
Geologist, as appropriate), that projects implemented with SCW Program
Payments were conducted in accordance with Chapters 16 and 18 of the
Code.
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j. Report on annual and total (since inception of program) benefits provided
by programs and projects funded by SCW Program Payment. This includes
comparisons to annual plans and alignment with corresponding specific
quantitative targets and metrics (note that SCW Reporting Module will
facilitate calculation of benefits and graphical representation of pertinent
data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed
aquifer
iv. Annual creation, enhancement, or restoration of Community
Investment Benefits. If none, discuss considerations explored and
reasons to not include.
v. Annual acreage increases in Nature-Based Solutions and claimed
level of NBS (with matrix demonstrating determination of good,
better, best, as outlined in Exhibit C). If none, discuss considerations
explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss
considerations explored and reasons to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or
achieved with the SCW Program Payment described in the Annual Plan Exhibit A.
This information must be readily accessible to members of the public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide
such reports, data, and information as may be reasonably requested by the District
including, but not limited to material necessary or appropriate for evaluation of the
SCW Program or to fulfill any reporting requirements of the County, state or federal
government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Agreement, including
all incorporated documents, by the individual signing on behalf of Municipality, has
been duly authorized by the governing body of Municipality, as applicable. Thi s
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
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instrument to which the Municipality is a party or by which the Municipality is bound
as of the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened
actions, claims, investigations, suits, or proceedings before any governmental
authority, court, or administrative agency which affect the Municipality's ability to
complete the Annual Plan.
4. Solvency. None of the transactions contemplated by this Agreement will be or have
been made with an actual intent to hinder, delay, or defraud any present or future
creditors of the Municipality. As of the date set forth on the first page hereof, the
Municipality is solvent and will not be rendered insolvent by the transactions
contemplated by this Agreement. The Municipality is able to pay its debts as they
become due.
5. Legal Status and Eligibility. The Municipality is duly organized and existing and in
good standing under the laws of the State of California. The Municipality shall at
all times maintain its current legal existence and preserve and keep in full force
and effect its legal rights and authority.
6. Good Standing. The Municipality must demonstrate it has not failed to comply with
previous County and/or District audit disallowances within the preceding five years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not
to exceed those set by the California Department of Human Resources; per diem costs
will not be eligible expenses. These rates may be found at
http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement
will be at the State travel amounts that are current as of the date costs are incurred by
the Municipality. No travel outside the Los Ange les County Flood Control District region
shall be reimbursed unless prior written authorization is obtained from the Program
Manager.
B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable, the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
B-30. Withholding of Disbursements and Material Violations
Notwithstanding any other provision of this Agreement, the District may withhold all or
any portion of the SCW Program Payment for any Fiscal Year in the event that:
1. The Municipality has violated any provision of this Agreement; or
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2. The Municipality fails to maintain reasonable progress in achieving SCW Program
Goals, following an opportunity to cure.
3. Failure to remain in Good Standing, described in Section B -26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
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EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT
PRACTICES
Municipalities shall consider incorporation of Nature-based solutions (NBS) into their
projects. NBS refers to the sustainable management and use of nature for undertaking
socio-environmental challenges, including climate change, water security, water pollution,
food security, human health, and disaster risk management. As this environmental
management practice is increasingly incorporated into projects for the SCW Program, this
guidance document may be expanded upon to further quantify NBS practices based on
benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow,
detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying
predominantly on soils and vegetation; increasing the permeability of Impermeable Areas;
protecting undeveloped mountains and floodplains; creating and restoring riparian habitat
and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil
through composting, mulching; and, planting trees and vegetation, with preference for
native species. NBS may also be designed to provide additional benefits such as
sequestering carbon, supporting biodiversity, providing shade, creating and enhancing
parks and open space, and improving quality of life for surrounding communities. NBS
include Projects that mimic natural processes, such as green streets, spreading grounds
and planted areas with water storage capacity. NBS may capture stormwater to improve
water quality, collect water for reuse or aquifer recharge, or to support vegetation growth
utilizing natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report whether and
how their project achieves a good, better, or best for each of the 6 NBS method s 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 proje ct 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.
BEST
BETTER
GOOD
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METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate-
appropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
5%-15% covered by
new climate-appropriate
vegetation
Use of native, climate-
appropriate, eco-friendly
vegetation
(groundcover, shrubs,
and trees) / green space
16%-35% covered by
new native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs,
and trees) / green space
that is both native and
climate-appropriate
More than 35% covered
by new native
vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces
(e.g. permeable
pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil
health (e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-
connected and self-
sustained natural
landscapes with healthy
soils, permeable
surfaces, and
appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
● Preservation of native
vegetation
● Minimal negative
impact to existing
drainage system
● Preservation of native
vegetation
● Installation of new
feature(s) to improve
existing drainage
system
● Creation of open green
space
● Installation of features
to improve natural
hydrology
Creation &
Restoration of
Riparian Habitat &
Wetlands
Partial restoration of
existing riparian habitat
and wetlands
Planting of climate
appropriate vegetation -
between 11 and 20
different climate-
appropriate or native
plant species newly
planted
No potable water used
to sustain the wetland
● Full restoration of
existing riparian habitat
and wetlands
● Planting of native
vegetation - between
21 and 40 different
native plant species
newly planted
No potable water used
to sustain the wetland
● Full restoration and
expansion of existing
riparian habitat and
wetlands
Planting of plant
communities with a
diversity of native
vegetation – between
41 and 50 different
native plant species
newly planted
No potable water used
to sustain the wetland
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New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff
and filter pollution (e.g.
bioswales and parkway
basins), capturing the
85th percentile 24-hour
storm event from the
entire parcel
Large sized elements
that capture and treat
runoff to supplement or
replace existing water
systems (e.g. wetlands,
daylighting streams,
groundwater infiltration,
floodplain reclamation),
capturing the 90th
percentile 24-hour storm
event from the entire
parcel and/or capturing
off-site runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain
moisture in the soil and
prevent erosion
Planting of new climate-
appropriate vegetation
to enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil,
prevent erosion, and
support locally based
composting and other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance
soil organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially
use of next-generation
design with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the
soil, prevent erosion,
and support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance
soil organic matter
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EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
Municipalities shall operate and maintain infrastructure projects for the useful lif e of the
project and are to consider using the following guidance for operations and maintenance
for infrastructure projects. Operational maintenance is the care and upkeep of Projects
that may require detailed technical knowledge of the Project’s function and design. Project
specific operational and maintenance plans shall consider the activities listed below and
set forth specific activities and frequencies (not limited to those below) as determined to
be appropriate by the Municipalities and best practices, including stakeholder
engagement as applicable. Operational maintenance is to be performed by the operator
of the Project with a purpose to make the operator aware of t he state of readiness of the
Project to deliver stormwater and urban runoff benefits.
1. Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated
debris near planted areas, rock areas, decomposed granite areas, rest
areas, fence perimeters, adjoining access roads and driveways, drains,
pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
• Regular inspection and maintenance of pet waste stations
• Maintaining trash receptacles
• Removal of trash, debris, and blockages from bioswales
• Inspection and cleaning of trash booms
• Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds,
morning glory, vine-type weeds, ragweed, and other underground
spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent
soil cultivation near trees or shrubs)
o Regular removal of weeds from landscape areas, including from
berms, painted areas, rock areas, gravel areas, pavement cracks
along access roads and driveways, drains, pedestrian trails, viewing
stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth
o Prevent encroachment of adjacent property and provide vertical
clearance
o Inspect for dead or diseased plants regularly
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in
perennially wet and seasonal, intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush remova l
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o Weed and nuisance plant control
o Removal of aquatic vegetation (e.g. algae and primrose) using
appropriate watercraft and harvesting equipment
o Wildflower and meadow maintenance
o Grass, sedge, and yarrow management
o Removal of unwanted hydroseed
3. Wildlife Management
• Exotic species control
• Provide habitat management; promote growth of plants at appropriate
densities and promote habitat structure for animal species
• Protect sensitive animal species (e.g. protection during critical life stages
including breeding and migration)
• Avoid disturbances to nesting birds
• Avoid spread of invasive aquatic species
4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis
• Inspect for and report graffiti in shelter houses, viewing stat ions, 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.
o Cycle controller(s) through each station manually and automatically
to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box
covers.
o Inspect and repair bubbler heads.
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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 rootin g,
drought tolerant plant characteristics to promote a self-sustaining, irrigation
free landscape
• Determine watering schedules based on season, weather, variation in plant
size, and plant varieties. At least four times a year (e.g. change of season),
reschedule controller systems.
• Turn off irrigation systems at the controller at the beginning of the rainy
season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity
• Inspect basins for erosion
• Take corrective measures as needed, including filling eroded surfaces,
reinstalling or extending bank protection, and replanting exposed soil.
7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation
• Examine inflow and outflow structures to ensure devices are functio ning
properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise)
• Checking telemetry equipment
• Tracking and reporting inspection and maintenance records
8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species
• Adequate pretreatment of influent wastewater to lessen production of larval
mosquitos
• Managing emergent vegetation
• Using hydraulic control structures to rapidly dewater emergent marsh areas
• Managing flow velocities to reduce propagation of vectors