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Home My WebLink AboutRES-24-7465 (GREEN STREET PROJECT-MOU)Page 1 of 3 RES-24-7465 CITY OF HERMOSA BEACH RESOLUTION NO. RES-24-7465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF CONSTRUCTION OF THE BEACH CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP WHEREAS, the cities of Hermosa Beach, Torrance, Redondo Beach, Manhattan Beach and the Los Angeles County Flood Control District formed the Beach Cities Group (BCG) to develop an Enhanced Watershed Management Program (EWMP) to comply with the Los Angeles Regional Water Quality Control Board's (Regional Board) 2012 NPDES Permit and with the Santa Monica Bay Beaches Bacteria (SMBBB) TMDL and Santa Monica Bay Toxics TMDL; WHEREAS, the Beach Cities EWMP was submitted to the Regional Board on February 9, 2016 and was approved by the Executive Officer of the Regional Board and an update to the EWMP was approved in 2021; WHEREAS, the Hermosa Avenue Green Street Project was identified in the EWMP as one of the projects necessary to help achieve the water quality objectives for the watershed as required by the NPDES Permit; WHEREAS, the City of Torrance applied for and was successful in winning a Proposition 12 Santa Monica Bay Restoration Grant in the amount of two million dollars from the Coastal Conservancy to help fund design and construction of green streets within the cities of the BCG; WHEREAS, the City of Torrance in partnership with the other parties submitted a successful funding application to the Safe, Clean Water Regional Infrastructure Program and has been awarded funding (SCW Regional Funds) of $5,366,953 for the construction of the Beach Cities Green Streets Project; and WHEREAS, in 2020 the BCG agencies entered into a Memorandum of Understanding (MOU) to fund design and engineering of the Beach Cities Green Streets Project; and Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 2 of 3 RES-24-7465 WHEREAS, a MOU is required between the cities to establish cost sharing and other proportional responsibilities for constructing the project, with the City of Torrance serving as lead agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Mayor is authorized to enter into a Memorandum of Understanding between the City of Torrance, the City of Hermosa Beach, the City of Manhattan Beach and the City of Redondo Beach for Implementation of the Beach Cities Green Streets Project for the Beach Cities Watershed Management Group. SECTION 2. Environmental Review Approval of the MOU and removal 5,115 linear feet of gutters in the project area and replacement with permeable concrete gutters is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15301 of the CEQA Guidelines. This section exempt, among other things, the maintenance or minor alteration of existing public facilities with no expansion of existing use, The gutters will remain the gutters, except with the new permeable concrete which is the environmentally preferable. Further this action is exempt pursuant to CEQA Guidelines section 15061 (b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This project will enhance an protect the environment via the installation of a more environmentally conscious permeable gutter in certain areas of the City. SECTION 3. This resolution takes effect immediately and that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time same is passed and adopted. Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 3 of 3 RES-24-7465 PASSED, APPROVED and ADOPTED on this 12th day of November, 2024 Mayor Dean Francois PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Myra Maravilla, Patrick Donegan, City Clerk City Attorney Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 1 of 18 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF THE BEACH CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP This Memorandum of Understanding (MOU) is made and entered into as of the date set forth below by and between the CITY OF TORRANCE, a chartered municipal corporation, THE CITY OF HERMOSA BEACH, a California municipal corporation, the CITY OF MANHATTAN BEACH, a California municipal corporation, and the CITY OF REDONDO BEACH, a chartered municipal corporation. Collectively, these entities shall be known herein as “PARTIES” or individually as “PARTY”. WITNESSETH WHEREAS the PARTIES have determined that it is mutually beneficial to cooperate jointly in the design and construction of distributed green street structural control measures within the SMB 6-01 and SMB 5-02 analysis regions of the Beach Cities WMP Area; and WHEREAS, each PARTY identified a project site(s) within its owned and maintained rights- of-way for a distributed green street project(s) within the SMB 6-01 and/or SMB 5-02 analysis regions and these green street project sites together comprise the BEACH CITIES GREEN STREETS PROJECT as shown in Exhibit D; and WHEREAS, the objectives of the BEACH CITIES GREEN STREETS PROJECT are to improve coastal water quality by providing pollutant load reduction through (1) capture of the 85th percentile 24-hour rainfall runoff volume from the tributary area, (2) treatment and infiltration of stormwater and associated pollutant loads, (3) reduction of peak runoff rate and total volume of stormwater discharged to Santa Monica Bay, and (4) retrofitting of impervious areas in public parkways and rights-of-way to provide urban greening benefits; and WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL WATER BOARD) adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2021-0105, NPDES No. CAS004004 (Regional MS4 Permit); and WHEREAS, the Regional MS4 Permit became effective on September 11, 2021, and identified the PARTIES as permittees that are responsible for compliance with the Regional MS4 Permit requirements; and DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 2 of 18 WHEREAS, the Regional MS4 Permit provides for Permittees to collaboratively develop Watershed Management Programs (WMPs) to implement the requirements of the Regional MS4 Permit; and WHEREAS, the PARTIES submitted the revised Beach Cities Watershed Management Program (Beach Cities WMP) to the REGIONAL WATER BOARD on June 30, 2021; and WHEREAS, the revised Beach Cities WMP was conditionally approved by the Executive Officer of the REGIONAL WATER BOARD via letter dated April 28, 2023, that directed the PARTIES to submit a final WMP that satisfies the conditions of approval and to begin implementation of the WMP immediately; and WHEREAS, the PARTIES further revised the WMP to meet the conditions of approval and resubmitted it to the REGIONAL WATER BOARD on July 31, 2023; and WHEREAS, the Beach Cities WMP is applicable to the Beach Cities Watershed Management Group Area (Beach Cities WMP Area) consisting of all the incorporated areas served by the municipal separate storm sewer systems (MS4) of the cities of Redondo Beach, Manhattan Beach, Hermosa Beach and Torrance for the Santa Monica Bay and Dominguez Channel Watersheds excluding the Machado Lake Watershed, and also including the infrastructure of the Los Angeles County Flood Control District (LACFCD) within the Beach Cities WMP Area; and WHEREAS, the Beach Cities WMP identifies distributed green street structural control measures that, when implemented together with regional structural watershed control measures and baseline and enhanced minimum control measures, are predicted by the reasonable assurance analysis (RAA) to achieve compliance with water quality-based effluent limitations (WQBELs) set forth in the REGIONAL MS4 Permit for the Beach Cities WMP Area; and WHEREAS, the Beach Cities WMP identifies the Herondo Storm Drain sub watershed (SMB 6-01 analysis region) and the 28th Street Storm Drain sub watershed (SMB 5-02 analysis region) as high priority areas for implementing distributed green street structural control measures in order to meet compliance deadlines for WQBELs; and WHEREAS the PARTIES entered into a MOU (DESIGN MOU) for the Implementation of the BEACH CITIES GREEN STREETS PROJECT on July 9, 2020 which expired on July 9, 2023 with the stated purpose of establishing an understanding of shared responsibility among the PARTIES for Preliminary Engineering and Final Design of the BEACH CITIES GREEN STREETS PROJECT; and WHEREAS, design plans for the BEACH CITIES GREEN STREETS PROJECT were completed under the DESIGN MOU whereby an ENGINEERING CONSULTANT was hired to perform preliminary engineering and final design services; and DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 3 of 18 WHEREAS, the PARTIES have determined that solicitation and award of a single contract for construction of the BEACH CITIES GREEN STREETS PROJECT will be beneficial to the PARTIES; and WHEREAS, the PARTIES have determined that continuing services from the ENGINEERING CONSULTANT for bid phase support and services during construction identified as optional tasks in the design contract will be beneficial to the PARTIES; and WHEREAS, the PARTIES have determined that hiring of a CONSTRUCTION MANAGEMENT CONSULTANT to manage the construction of the BEACH CITIES GREEN STREETS PROJECT will be beneficial to the PARTIES; and WHEREAS, the PARTIES have determined that hiring of an INSPECTION SERVICES CONTRACTOR to perform the required construction inspections for the BEACH CITIES GREEN STREETS PROJECT will be beneficial to the PARTIES; and WHEREAS the CITY OF TORRANCE in partnership with the other PARTIES submitted a successful application to the California State Coastal Conservancy and Santa Monica Bay Restoration Commission and was awarded a Proposition 12 Santa Monica Bay Restoration Grant (PROP 12 SMBR GRANT) for $2,000,000 for the design and construction of the BEACH CITIES GREEN STREETS PROJECT; and WHEREAS, the CITY OF TORRANCE in partnership with the other PARTIES submitted a successful funding application to the Safe, Clean Water Regional Infrastructure Program and has been awarded funding (SCW REGIONAL FUNDS) of $5,366,953 for the construction of the BEACH CITIES GREEN STREETS PROJECT; and WHEREAS, the PARTIES have determined that hiring of a MONITORING CONTRACTOR to conduct the post-construction project performance monitoring and reporting to meet the requirements of the PROP 12 SMBR GRANT and the SCW REGIONAL FUNDS for the BEACH CITIES GREEN STREETS PROJECT will be beneficial to the PARTIES; and WHEREAS, the PARTIES entered into a MOU on December 26, 2013, which was amended on July 1, 2020, to share costs and collaborate in the revision and continuing implementation of the Beach Cities Coordinated Integrated Monitoring Program (CIMP MOU) to comply with Regional MS4 Permit requirements; and WHEREAS, the PARTIES have agreed that the total cost for construction of the BEACH CITIES GREEN STREETS PROJECT shall be determined based on a public works competitive bidding process; and DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 4 of 18 WHEREAS, the PARTIES have agreed that in the event the total cost for completion of the BEACH CITIES GREEN STREETS PROJECT, including construction, construction management, inspection services, and post-construction project performance monitoring and reporting, [PROJECT COMPLETION COST] exceeds available external funding that the balance will be funded by the PARTIES based on each PARTY’s proportional share of the PROJECT COMPLETION COST for the project site(s) within each PARTY’s owned and maintained rights-of-way. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOU. Section 2. Purpose. The purpose of this MOU is to establish an understanding of proportional responsibility among the PARTIES for the completion and maintenance of the BEACH CITIES GREEN STREETS PROJECT and to utilize Prop 12 SMBR GRANT funds and SCW REGIONAL FUNDS awarded for completion of the BEACH CITIES GREEN STREETS PROJECT. Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOU and to fund any remaining project completion costs necessary to complete the BEACH CITIES GREEN STREETS PROJECT. Section 4. Voluntary. This MOU is voluntarily entered into by the PARTIES for implementation of the BEACH CITIES GREEN STREETS PROJECT. Section 5. Term. This MOU shall become effective on the date of execution by all the PARTIES (EFFECTIVE DATE) and shall remain in effect for five (5) years from the EFFECTIVE DATE, with the option to extend the term by two additional years if approved by all PARTIES in writing. Section 6. The PARTIES agree: a. Lead Agency for Beach Cities Green Streets Project Implementation. The role of LEAD AGENCY for the implementation of the BEACH CITIES GREEN STREETS PROJECT shall be assumed by the City of TORRANCE. The PARTIES agree that the LEAD AGENCY may amend contracted work so long as the LEAD AGENCY notifies the PARTIES of the proposed changes in writing and receives prior written approval from the PARTIES. The PARTIES shall endeavor to respond to the LEAD AGENCY in a timely manner. b. Construction Management Services. A CONSTRUCTION MANAGEMENT CONTRACTOR will be hired by the LEAD AGENCY on behalf of the PARTIES to manage the construction of the BEACH CITIES GREEN STREETS PROJECT. DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 5 of 18 c. Inspection Services. An INSPECTION SERVICES CONTRACTOR will be hired by the LEAD AGENCY on behalf of the PARTIES to perform the required construction inspections for the BEACH CITIES GREEN STREETS PROJECT. Each PARTY has the option to perform additional in-kind Public Works inspections to ensure that construction is completed consistent with each PARTY’S local construction standards. d. Monitoring. A MONITORING CONTRACTOR will be hired by the LEAD AGENCY on behalf of the PARTIES to perform three years of post-construction performance monitoring and prepare the final report for the BEACH CITIES GREEN STREETS PROJECT to meet the requirements of the PROP 12 SMBR GRANT and the SCW REGIONAL FUNDS. e. Project Completion Cost. To work cooperatively to fund the remaining PROJECT COMPLETION COSTS necessary to complete the BEACH CITIES GREEN STREETS PROJECT after allocating the PROP 12 SMBR GRANT and the SCW REGIONAL FUNDS and any other external sources of funding that are secured. PROJECT COMPLETION COSTS will be based on a public works competitive bidding process for construction and professional services proposals. f. Allocation of Grant Funding. The PROP 12 SMBR GRANT and the SCW REGIONAL FUNDS will be allocated according to each PARTY's proportional share of the PROJECT COMPLETION COST for the BEACH CITIES GREEN STREETS PROJECT. g. Payment of LOCAL MATCH. To fund PROJECT COMPLETION COSTS for the BEACH CITIES GREEN STREETS PROJECT not otherwise covered by external funding (LOCAL MATCH) based on each PARTY’s proportional share of the total PROJECT COMPLETION COST for the project site(s) within their jurisdiction in accordance with the cost share formula detailed in Table 1 of Exhibit C. Payment of each PARTY’s LOCAL MATCH to the LEAD AGENCY shall be made within thirty (30) days of receipt of the invoice from the LEAD AGENCY. For illustrative purposes, an example calculation of each PARTY’s LOCAL MATCH is shown in Table 2 of Exhibit C using the formula in Table 1 of Exhibit C and the DESIGN CONSULTANT 100% design engineer’s estimate for construction costs shown in Exhibit B and estimates of construction management, inspection services, and monitoring costs. Actual LOCAL MATCH will be calculated using results of construction bids and professional services proposals. h. Documentation. To make a full-faith effort to cooperate with one another by timely providing to the LEAD AGENCY all requested information and documentation in their possession and available for release that is deemed necessary by the PARTIES to achieve the purposes of this MOU, including reporting requirements and documentation of in- kind services as required by the PROP 12 SMBR GRANT AGREEMENT and SCW REGIONAL FUNDS TRANSFER AGREEMENT. DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 6 of 18 i. Permitting. To issue no-fee encroachment permits for work to be done in each PARTY’s respective jurisdiction. j. Compliance with Terms of PROP 12 SMBR GRANT AGREEMENT. The PARTIES to this MOU acknowledge that while the City of Torrance is the sole grantee under the PROP 12 SMBR GRANT AGREEMENT, the intent of the MOU is for all PARTIES as sub-grantees to comply with the terms and conditions of the PROP 12 GRANT AGREEMENT. If the PARTIES individually or jointly fail to execute their responsibilities to implement the BEACH CITIES GREEN STREETS PROJECT or any component thereof, the City of Torrance may be deemed in violation of the PROP 12 SMBR GRANT AGREEMENT (see Section 9.f below) and required to repay funds received through the PROP 12 SMRC GRANT AGREEMENT with interest and penalties. The PARTIES agree that should any component of the BEACH CITIES GREEN STREETS PROJECT not be implemented and as a consequence the City of Torrance is deemed by the State Coastal Conservancy to be in violation of the PROP 12 SMBR GRANT AGREEMENT, any grant funds that must be repaid or forfeited as well as interest and penalties due shall be paid by the PARTY(IES) that fail to implement that component of the BEACH CITIES GREEN STREET PROJECT. k. Compliance with Terms of SCW REGIONAL FUNDS TRANSFER AGREEMENT. The PARTIES to this MOU acknowledge that while the City of Torrance is the recipient under the SCW REGIONAL FUNDS TRANSFER AGREEMENT, the intent of the MOU is for all PARTIES to comply with the terms and conditions of the SCW REGIONAL FUNDS TRANSFER AGREEMENT 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). If the PARTIES individually or jointly fail to execute their responsibilities to implement the BEACH CITIES GREEN STREETS PROJECT or any component thereof and as a consequence the City of Torrance is deemed in violation of the SCW REGIONAL FUNDS TRANSFER AGREEMENT (see Section 9.f below) and required to repay any SCW REGIONAL FUNDS disbursed, the PARTIES agree that any SCW regional funds and interest shall be repaid by the PARTY(IES) that fail to implement that component of the BEACH CITIES GREEN STREET PROJECT. The PARTIES further agree that no PARTY shall abandon, substantially discontinue use of, lease or dispose of any significant component during the useful life of 30 years of the of the BEACH CITIES GREEN STREETS PROJECT without prior written approval of the other Parties hereto and prior written approval of the LACFCD and that such approval may include a condition to repay a pro rata amount of all disbursed SCW REGIONAL FUNDS together with interest on said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the BEACH CITIES GREEN STREETS PROJECT component. l. Compliance with LACFCD PEIR. The PARTIES shall comply with all mitigation measures applicable to the project that are in the LACFCD Enhanced Watershed Management DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 7 of 18 Programs Programmatic Environmental Impact Report (PEIR), which was certified by the Los Angeles County Flood Control District (LAFCD) pursuant to the California Environmental Quality Act on May 26, 2015, and may be found at https://pw.lacounty.gov/lacfcd/ewmppeir/. m. Compliance with CEQA. The PARTIES to this MOU acknowledge that while the City of Torrance is the LEAD AGENCY, the intent of the MOU is for all PARTIES to comply with the California Environmental Quality Act (CEQA) for the project site(s) within their jurisdiction. n. Operations and Maintenance. Each PARTY agrees to cooperate with the LEAD AGENCY to implement the approved Operations and Maintenance (O&M) Plan, and to perform the appropriate O&M for each of the project(s) within its jurisdiction to ensure good working order throughout the useful life of the project(s). o. Funding Acknowledgement Signs. The PARTIES agree to include acknowledgement of both the State Coastal Conservancy and Safe Clean Water Regional funding support in its project-related press releases, contacts with the media, and social media postings, and on its website. p. Maintenance of Funding Acknowledgement Signs. The PARTIES agree to allow the CONSTRUCTION CONTRACTOR to install and maintain a sign visible from the nearest public roadway at each project site or in a prominent location at the PARTIES’ headquarters identifying the project, acknowledging California State Coastal Conservancy assistance and displaying the California State Coastal Conservancy’s logo, and the logos for Proposition 12 and the Santa Monica Bay Restoration Commission. The signs shall acknowledge funding from the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Proposition 12), as required by the California Natural Resources Agency’s “Sign Guidelines.” Signage shall also 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 PARTIES agree to maintain one (1) signage for the duration of construction and one (1) signage upon completion of construction. Section 7. The LEAD AGENCY agrees: a. Administration. To collect and deposit funds in a separate account dedicated to this MOU and to allocate funds in accordance with this MOU. To administer the CONSTRUCTION CONTRACT, CONSTRUCTION MANAGEMENT CONTRACT, INSPECTION SERVICES CONTRACT, and POST-CONSTRUCTION MONITORING CONTRACT, and to carry out the DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 8 of 18 terms of the PROP 12 SMBR GRANT AGREEMENT (Exhibit E) and SCW REGIONAL TRANSFER AGREEMENT (Exhibit F). b. Invoice. To invoice the other PARTIES for their respective shares of any LOCAL MATCH in accordance with Exhibit C Table 1. In-kind services to be provided by each PARTY shall not be invoiced. The payments will be invoiced following receipt of the CONSTRUCTION bids and the selection of CONSTRUCTION MANAGEMENT, INSPECTION SERVICES, and POST- CONSTRUCTION MONITORING CONTRACTORS and will be due to the LEAD AGENCY within 45 days of receipt of invoice. In the event the LOCAL MATCH requirement exceeds the amounts shown in Exhibit C, Table 1, the Parties acknowledge and agree that they will request additional funding from their respective City Councils 30 days prior to the expiration of the bids. Once City Council approval is obtained, each PARTY will remit payment within sixty (60) days from the date of that approval. c. Final Accounting. To provide an accounting upon conclusion of the BEACH CITIES GREEN STREETS PROJECT and to return any unused portion of any LOCAL MATCH deposited with the LEAD AGENCY. In the event of a shortfall, the LEAD AGENCY will invoice the PARTIES for the LOCAL MATCH to cover the shortfall consistent with the cost share formula in Table 1 of Exhibit C. d. PROP 12 SMBR GRANT AGREEMENT. To administer the PROP 12 SMBR GRANT AGREEMENT consistent with the grant requirements to facilitate full reimbursement of grant funds for completion of the BEACH CITIES GREEN STREETS PROJECT. A copy of the amended PROP 12 SMBR GRANT AGREEMENT is provided as Exhibit E. e. SCW REGIONAL TRANSFER AGREEMENT. To execute the SCW REGIONAL TRANSFER AGREEMENT as expeditiously as possible following the execution of this MOU, and to distribute copies of the executed SCW REGIONAL TRANSFER AGREEMENT to the PARTIES within ten (10) business days of receiving the executed SCW REGIONAL TRANSFER AGREEMENT from the LACFCD. A copy of the Draft SCW REGIONAL TRANSFER AGREEMENT is provided as Exhibit F. f. Contracted Services. To include a Beach Cities WMG representative on the City’s Selection Committee for award of CONSTRUCTION MANAGEMENT, INSPECTION SERVICES, and POST-CONSTRUCTION MONITORING CONTRACTS. g. Expenditure. To utilize the funds deposited by the LACFCD from the SCW REGIONAL TRANSFER AGREEMENT with the CITY OF TORRANCE only for the completion of the BEACH CITIES GREEN STREETS PROJECT and to notify all PARTIES in writing if contracted work is to be amended. DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 9 of 18 Section 8. Indemnification a. To the fullest extent permitted by law, the PARTIES agree to indemnify, defend, and hold harmless each other and Santa Monica Bay Restoration Commission from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this MOU, and attributable to each PARTY's own fault. Following a determination of the percentage of fault of each PARTY, and/or liability by agreement between the PARTIES, or a court of competent jurisdiction, the PARTY responsible for liability will indemnify the other PARTY to this MOU for the percentage of liability determined. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act of omission occurring in the performance of this MOU to the same extent that such liability would be imposed in the absence of Section 895.2 of said code. To achieve the above stated purpose, each of the PARTIES indemnifies, defends, and holds harmless the other PARTIES and the California State Coastal Conservancy and Santa Monica Bay Restoration Commission for any liability, cost, or expense that may be imposed upon the PARTIES solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. c. To the fullest extent permitted by law, the PARTIES agree to indemnify, defend and hold harmless the LACFCD and their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the PARTIES, their officers, employees, agents, or subconsultants or contractors in conjunction with PARTIES’ performance under or pursuant to this MOU, 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, and attributable to each PARTY's own fault. Following a determination of the percentage of fault of each PARTY, and/or liability by agreement between the PARTIES, or a court of competent jurisdiction, the PARTY responsible for liability will indemnify the other PARTY to this MOU for the percentage of liability determined. DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 10 of 18 Section 9. Termination, Default and Unilateral Withdrawal a. Termination: This MOU may be terminated upon the express written agreement of all PARTIES. If this MOU is terminated, then all PARTIES must agree on the equitable redistribution of remaining funds deposited, if there are any, or payment of invoices due at the time of termination. b. If this MOU is terminated upon express written agreement of all PARTIES, then each PARTY shall also be responsible for the payment of its own fines, penalties and costs incurred as a result of the non-performance of the Beach Cities WMP, the PROP 12 SMBR GRANT AGREEMENT and/or the SCW REGIONAL TRANSFER AGREEMENT. Notwithstanding the foregoing, in the event that the LOCAL MATCH requirement exceeds the amounts shown in Exhibit C, Table 1, and any PARTY is unable to secure City Council approval for additional funding, such PARTY may withdraw from this MOU without incurring penalties, fines, interest, or additional costs. The withdrawing PARTY shall notify the other PARTIES and the LEAD AGENCY in writing within thirty (30) days of its City Council’s decision not to approve additional funding. Upon such withdrawal, the withdrawing PARTY shall be released from all future obligations, liabilities, or responsibilities under this MOU, and any funds already deposited by the withdrawing PARTY shall be equitably redistributed among the remaining PARTIES or used for the PROJECT COMPLETION COSTS as agreed by the remaining PARTIES. c. Default: If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, then that PARTY shall forfeit funding already deposited with the Lead Agency, and be responsible for the payment of fines, penalties and costs incurred as a result of the non-performance of the BEACH CITIES GREEN STREET PROJECT, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and 60 days to cure the alleged default. d. THE LEAD AGENCY shall notify in writing all PARTIES, and may notify the REGIONAL WATER BOARD, within fourteen (14) days of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOU. The non-delinquent PARTIES will determine the next course of action. e. Should a default with this agreement render the City of Torrance in violation of the PROP 12 SMBR GRANT AGREEMENT and/or the SCW REGIONAL TRANSFER AGREEMENT, the PARTY(IES) that default with this agreement shall be responsible for any interest, costs, fines, and penalties and repayment of any grant funds forfeited under the PROP 12 SMBR GRANT AGREEMENT or reimbursement of funds under the SCW REGIONAL TRANSFER AGREEMENT. DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 11 of 18 f. The PARTIES agree that, except as otherwise provided in Section 10(c), each shall assume full and independent responsibility for ensuring its own compliance with the Regional MS4 Permit despite the collaborative approach of the MOU. Section 10. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit A attached hereto and incorporated herein by reference. The PARTIES shall notify each other within 30 days of any change of contact information, including personnel changes, provided in Exhibit A. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit A. b. Administration. For the purposes of this MOU, the PARTIES hereby designate respective PARTY representatives in Exhibit A. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOU on behalf of such PARTY. c. Maintenance of Project BMPs. The PARTIES agree to use, manage, maintain and operate the BEACH CITIES GREEN STREETS PROJECT throughout the term of PROP 12 SMBR GRANT AGREEMENT and the SCW REGIONAL TRANSFER AGREEMENT consistent with the purposes for which the funding agreements were made and in accordance with the approved O&M Plan. Each party shall assume all operation and maintenance costs for their own facilities and structures only; neither the California State Coastal Conservancy nor the LACFCD shall be liable for any cost of maintenance, management, or operation. The PARTIES may be excused from the obligations under this section only upon the written approval of the PARTIES. For purposes of this MOU, “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. “Maintenance costs” include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. d. Mitigation. The PARTIES agree that, without the written permission of the Executive Officer of the California State Coastal Conservancy, the PARTIES each shall not use or allow the use any portion of the BEACH CITIES GREEN STREETS PROJECT funded by the DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 12 of 18 PROP 12 SMBR GRANT AGREEMENT for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of the project. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on any portion of the BEACH CITIES GREEN STREETS PROJECT shall be remitted promptly to the California State Coastal Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the project in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation. e. Inspection. Throughout the term of the PROP 12 SMBR GRANT AGREEMENT, the California State Coastal Conservancy shall have the right to inspect the BEACH CITIES GREEN STREETS PROJECT areas to ascertain compliance with its PROP 12 SMBR GRANT AGREEMENT. f. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY. g. Binding Effect. This MOU shall be binding upon and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOU without prior written consent of the other PARTIES. h. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES. For purposes of this subsection, a PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 6(g) or fails to substantially comply with the terms and/or conditions of this MOU pursuant to Section 9(c). i. Law to Govern. This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. j. Drug-Free Workplace. PARTIES signature on this MOU constitutes the certification required by Government Code Section 8355, which requires that all state grantees provide a drug-free workplace by doing all of the following: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying actions that will be taken against employees for violations of the prohibition. DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 13 of 18 b. Establishing a drug-free awareness program to inform employees about all of the following: i. The dangers of drug abuse in the workplace. ii. The person’s or organization’s policy of maintaining a drug-free workplace. iii. Any available drug counseling, rehabilitation, and employee assistance programs. iv. The penalties that may be imposed upon employees for drug abuse violations. v. Requiring that each employee engaged in the performance of the grant be given a copy of the drug-free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement. k. Union Organizing. By signing this MOU, the PARTIES each hereby acknowledge the applicability of Government Code Sections 16645 through 16649 to this MOU, and certify that no state funds will be used to assist, promote or deter union organizing. If a PARTY makes expenditures to assist, promote or deter union organizing, the PARTY agrees to maintain records sufficient to show that no state funds, including the funds provided under this agreement, have been used for these purposes, and shall provide these records to the Attorney General upon request. l. Non-Discrimination. During the performance of this MOU, the PARTIES and each of their contractors being paid through grant funds shall not deny the MOU’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The PARTIES shall each ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The PARTIES and each of their contractors being paid through grant funds shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The PARTIES shall permit access by representatives of the Department of Fair Employment and Housing and the State Coastal Conservancy upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Coastal DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 14 of 18 Conservancy shall require to ascertain compliance with this clause. The PARTIES and their contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) m. Severability. If any provision of this MOU shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU shall not be affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. n. Entire Agreement. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. o. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. p. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. q. Counsel. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as described in Section 10(h). r. Third Party Beneficiary. The California State Coastal Conservancy is a third-party beneficiary of this MOU. IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: [SIGNATURE PAGES FOLLOW] DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 15 of 18 CITY OF TORRANCE By: Date: George K. Chen, Mayor ATTEST: By: Rebecca Poirier City Clerk APPROVED AS TO FORM: By: Patrick Q. Sullivan, City Attorney DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 16 of 18 CITY OF MANHATTAN BEACH By: Date: Talyn Mirzakhanian Acting City Manager ATTEST: By: Liza Tamura City Clerk APPROVED AS TO FORM: By: Quinn Barrow City Attorney DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 17 of 18 CITY OF REDONDO BEACH By: Date: James A. Light, Mayor ATTEST: By: Eleanor Manzano City Clerk APPROVED AS TO FORM: By: Michael W. Webb, City Attorney DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Attachmnet 2 - Draft MOU Page 18 of 18 CITY OF HERMOSA BEACH By: Date: Dean Francois Mayor ATTEST: By: Myra Maravilla City Clerk APPROVED AS TO FORM: By: Patrick Donegan, City Attorney DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 1 of 12 EXHIBIT A PARTIES’ REPRESENTATIVES   Department of Public Works, Engineering Division 415 Diamond Street  Redondo Beach, CA 90266   E-mail: Geraldine.Trivedi@redondo.org Phone: (310) 697-3195 Department of Public Works 1315 Valley Drive  Hermosa Beach, CA 90254 E-mail: Dkrauss@hermosabch.org Phone: (310) 750-3603  Fax: (310) 372-6186 Public Works Department 3621 Bell Avenue Manhattan Beach, CA 90266   Katherine Doherty E-mail: kdoherty@manhattanbeach.gov Phone: (310) 802-5352 4 Department of Public Works 20500 Madrona Avenue Torrance, CA 90503   E-mail: SFurukawa@TorranceCA.gov Phone: (310) 781-6900  Fax: (310) 781-6902 DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 2 of 12 EXHIBIT B BEACH CITIES GREEN STREETS PROJECT 100% DESIGN ENGINEER’S COST ESTIMATE BY PARTY DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 3 of 12 City of Torrance 100% Engineer's Cost Estimate (10/7/2024) DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 4 of 12 City of Hermosa Beach 100% Engineer's Cost Estimate (10/7/2024) DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 5 of 12 City of Manhattan Beach 100% Engineer's Cost Estimate (10/07/2024) DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 6 of 12 City of Redondo Beach 100% Engineer's Cost Estimate (10/7/2024) DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 7 of 12 EXHIBIT C BEACH CITIES GREEN STREETS PROJECT CONSTRUCTION COST SHARE FORMULA AND EXAMPLE DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 8 of 12 *Total amount of external funding Table 2. Example Beach Cities Green Streets Project Construction Cost Sharea Construction Estimateb Inspection Servicesc No. of Monitoring Locations Performance Monitoringd Total Coste Proportionate Share of Total Cost Proportionate Share of SCW + Grant Fundsf Local Match Neededh $ 2,784,568 $106,476 6 $120,000 $3,011,044 35.9% $2,460,437 $550,607 Hermosa Beach $953,210 $36,449 2 $40,000 $1,029,659 12.3% $841,373 $188,286 Manhattan Beach $1,831,228 $70,022 2 $40,000 $1,941,250 23.1% $1,586,268 $354,982 Redondo Beach $2,221,807 $84,957 5 $100,000 $2,406,764 28.7% $1,966,657 $440,107 Total $7,790,813 $297,903 15 $300,000 $8,388,716 100% $6,854,735g $1,533,981 aAll amounts are estimated and provided for demonstration purposes only. Amounts will be refined based on bids and proposals in order to determine actual local match. b gTotal SCW + grant funds include secured Safe, Clean Water Regional Infrastructure funding ($5,366,953) and Prop 12 SMBR funding ($1,487,782). Note, 5% of the Prop 12 SMBR funds are being withheld pending project completion by February 28, 2026 and full accounting of advanced payment and request for release of withholding by March Table 1. Beach Cities Green Streets Project Construction Cost Share Formula Construction Total Construction Management and Inspection Services Cost No. of Monitoring Locations Performance Monitoring Cost Project Completion Cost Share of Project Completion Proportional Allocation of SCW + Grant Funds Local Match a b n (n/N)*X = c a+b+c = d d/D (d/D)Z = y d-y TOTAL A B N X A+B+X = D 100% Z* D-Z DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 9 of 12 EXHIBIT D BEACH CITIES GREEN STREETS PROJECT LOCATION MAP DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 10 of 12 DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 11 of 12 EXHIBIT E and F BEACH CITIES GREEN STREETS PROP 12 SMBRC GRANT AGREEMENT WITH AMENDMENT and SAFE CLEAN WATER REGIONAL PROJECT TRANSFER AGREEMENT DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Page 12 of 12 This page left intentionally blank DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B STATE OF CALIFORNIA State Coastal Conservancy GRANT AGREEMENT Grant - Rev 11/20 THIS AGREEMENT is entered into this day of , 2024 in the State of California, by and between: and . The State Coastal Conservancy (“the Conservancy”) and the City of Torrance (“the grantee”) agree to amend their Agreement No. 19-090 as follows: TERM OF AGREEMENT This section is modified as follows: The grantee shall deliver the Request for Disbursement for advance payment to the Conservancy no later than April 2, 2024. The completion date is extended to February 28, 2026. The termination date is extended to March 31, 2046. The grantee shall deliver the full accounting of advanced payment and request for the release of the withholding no later than March 31, 2026. (Continued on following pages) The provisions on the following pages constitute a part of this agreement. This agreement has been executed by the parties as shown below. STATE OF CALIFORNIA GRANTEE AGENCY GRANTEE (If other than an individual, state whether a corporation, partnership, etc.) State Coastal Conservancy City of Torrance BY (Authorized Signature) BY (Authorized Signature)   PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Amy Hutzel, Executive Officer Aram Chaparyan, City Manager ADDRESS & PHONE NUMBER ADDRESS & PHONE NUMBER 1515 Clay Street, 10th Floor Oakland, CA 94612 Phone: (510) 286-1015 20500 Madrona Avenue Torrance, CA 90503 Phone: (310) 781-6900 AMOUNT ENCUMBERED BY THIS DOCUMENT $-0- PROGRAM/CATEGORY Local Assistance FUND TITLE/PROP NO. Safe Neighborhood Parks,…(Prop 12)/ CA Drought, Water, Parks,…(Prop 68) I certify that this agreement is exempt from Department of General Services’ approval. Erika Gomez Procurement and Contracts Manager PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT FUND ITEM CHAPTER STATUTE FISCALYEAR $2,000,000.00 3760-101-608800009(E)(1) = $100,000.00* 3760-101-000050008(C)(B3622) =$1,900,000.00* Reap. by Ch. No. 21/21 21 14 2021 2017 21/22 17/18 TOTAL AMOUNT ENCUMBERED TO DATE PROJECT NAME *Substitution of funds $2,000,000.00 Beach Cities Green Streets I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. NAME AND SIGNATURE OF ACCOUNTING OFFICER DATE AGREEMENT NUMBER AM. NO. 19-090 2 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO. 96-6000803 AGENCY State Coastal Conservancy GRANTEE’S NAME City of Torrance 3/29/2024 29th March DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B Marita Nuval 2/17/2022 February17th DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B DocuSign Envelope ID: 038AAB41-7E03-4880-8246-7F9C12848064 Regional Program /\greement No. 2023RPSSMB04 THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND City of Torrance AGREEMENT NO. 2023RPSSMB04 SAFE, CLEAN WATER PROGRAM- REGIONAL PROGRAM This Transfer Agreement, hereinafter referred to as "Agreement," is entered into as of 08/19/2024 I 09fl_��D Use Onfv) by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Torrance for Beach Cities Green Streets Project, hereinafter referred to as "Recipient." 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, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program; WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18 09 of the Los Angeles County Flood Control District Code; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, 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: "Activity Completion" means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required. "Activity Costs" means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A. "Agreement" means this Transfer Agreement, including all exhibits and attachments hereto. "Budget Plan" means a Recipient's plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. "Days" means calendar days unless otherwise expressly indicated. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year "Funded Activity" means the Infrastructure Program Project, or Scientific Study described in Exhibit A-Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. "Safe Clean Water (SCW) Program Contribution" means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan. "Year" means calendar year unless otherwise expressly indicated. II.PARTY CONTACTS The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement. 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To withdraw your consent with City of Torrance CA To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to RPoirier@torranceca.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here:https://support.docusign.com/guides/signer-guide- signing-system-requirements. 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Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- By selecting the check-confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Torrance CA as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Torrance CA during the course of your relationship with City of Torrance CA.DRA F T Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B State of California ) County of Los Angeles )ss ) City of Hermosa Beach November 21, 2024 Certification of Council Action RESOLUTION NO. RES-24-7465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF TORRANCE, THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, AND THE CITY OF REDONDO BEACH FOR IMPLEMENTATION OF CONSTRUCTION OF THE BEACH CITIES GREEN STREETS PROJECT FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution No. RES-24-7465 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 12th day of November 2024 and passed by the following vote: AYES: MAYOR FRANCOIS, MAYOR PRO TEM SAEMANN, AND COUNCILMEMBERS DETOY, JACKSON, and MASSEY NOES: NONE ABSTAIN: NONE ABSENT: NONE _____________________________ Myra Maravilla, City Clerk Docusign Envelope ID: 6172DE81-10ED-4C71-8A98-CAA251C9266B