Gy ~~~/ )/ MAYo# (Ana Guerrero)

Transcription

1 ,~--~---- ~TO-~ 'Council j MAR! o15o-o9643=aootl ---~-~ Memorandum of Understanding with the Council for Watershed Health for the Monitoring and Program Management of the Los Angeles River Watershed Monitoring Program Approved and transmitted for your consideration. See the City Administrative Officer report attached_ (\/f /~ / Gy ~~~/ )/ MAYo# (Ana Guerrero) itwa EMM CAD 6il9-d

2 Report From OFFCE OF THE CTY ADMNSTRATVE OFFCER Analysis of Proposed Contract ($25,000 cr Greater anc longer than Three Months) i~e Mayor ml~~~~ 02-~~~15-t, ~CiciDn.t~cot.:~-- -r~~~-~~~;6-0~ ~~~l Contracting DepartmentiBureau: g Star~sato,-(31()) -l~~1_94 r-;;b:=u:,:re:=a:=u:-=o::;f :=S:::an::;i.:::ta:::ti:::_o:,:_n Reference: Transrn:ttal from the Board of Public Works dated December 22, 2014, referred for report on December ~--~=:-- ~--- ~~-~-~~-~ c-~--,--1 : Purpose o' Contract Execute a Memorandum of Understanding with the Counc for Watershed Health for monttoring and Lt:'?.n~ageme_!1tof the Los Angeles River Watershedl\llonit~ring Program Type of Contract (X) New contract ( ) Amendment, Contract Term Dates: F:ve years effective upon the date of execution with one flvercor1tractra!nendmert A-'nount $2,750,000 j y_e_arrenevv~lor;>tion,,,,,,,,,,,,~- ~roe_ose~amount $ 2,750,000+ Pr:or award(s) $ 0 = Total $2,750,000 --~-... ' J_ ~~~~eo~~~~~!c~~orz;;:~tarfo~~~~i~,~~:~e~6~ilturd. No 760, A<:c9ums,QL~s? ~--~---~~--~-~. Address: 700 North Alameda S:reet, Los Angeles. CA COMMENTS The Board of Public Works, on behalf of the Bureau of Sanitation (Bureau), requests authority to execute a Memorandum of Understanding (MOU) with the Council for Watershed Health (CWH) for monitoring and management of the Los Angeles River Watershed Monitoring Program (LARWMP). The term of the agreement is five years from the date of execution with one option to extend the contract for an additional five year period. The total maximum allowable compensation shall be $2,750,000. n accordance with Los Angeles Administrative Code Section 10.5(a), Council approval is required as the term of the contract exceeds three years. Background The National Pollutant Discharge Elimination System Permit for the Municipal Separate Storm Sewer System (NPDES MS4 permit) establishes waste discharge requirements for stormwater and nonstormwater discharges within the watersheds of Los Angeles County. The NPDES MS4 permit regulates discharges from the storm drain system in an effort to reduce urban runoff and stormwater pollution. The City's NPDES MS4 permit requires the City to participate in the development and mplementation of a reg tonal, waters~d-wide monitoring program for _Lj Los Angeles River. The ( -EM -' ~ -~ _(~~-(-,~~~--~ J\liJ 1~~ " Analyst j :)6'5C096 ~~~,. A si~ j_ C1tv f1an umo>m' ce Officer J, CAO 66" Rev 5/2007, r

3 CAO Fiie No. Page LARWMP is a regional program that monitors the entirety of the Los Angeles River, which is 51 miles in length and includes the City, County of Los Angeles, City of Burbank, and the City of Downey. As a part of this effort, the City and other LARWMP permittees formed a working group comprised of a broad set of stakeholders, including state and federal agencies, non-profit organizations, and citizen monitoring groups. The working group developed the LARWMP, which was approved by the Los Angeles Regional Water Quality Control Board (LARWQCB) in Monitoring and reporting pursuant to the LARWMP began in The Bureau has been paying the CWH with Authorities for Expenditure (AFEs) on an as-needed basis since the inception of this program. The proposed contract will serve as the first formal contract with CWH for these services. Charter Section 1022 and Other Contracting Provisions On August 9, 2009, in accordance with Charter Section 1022, this Office determined that the work can be performed more feasibly by a contractor due to the fact that there is insufficient existing City staff to perform the work proposed to be contracted, the work is of an intermittent nature, and the contractor has proprietary and specific knowledge that is necessary to perform the work. The Bureau of Contract Administration has waived the CWH from the Contractor Responsibility Ordinance based on the Bureau's determination that the proposed work in this contract is only available from a single source. Per Section (e) of the Administrative Code, the CWH is exempt from compliance with the Living Wage Ordinance as it is a designated non-profit organization pursuant to Section 501 (c)(3) of the United States nternal Revenue Code. The CWH has complied with all applicable City procedures, laws and policies. The City Attorney has reviewed and approved the contract as to form. Scope of Work The CWH will provide coordination, data compilation, analysis, and reporting requirements on a regional basis as instructed by the LARWQCB. The CWH will coordinate using a watershed-wide perspective, including recommending processes to reduce redundancy within and between existing monitoring programs, targeting monitoring efforts on contaminants of concern, and adjusting monitoring locations and sampling frequencies to better respond to the priorities outlined in the LARWMP. The Bureau's Environmental Monitoring Division (EMD) has the capacity to perform some of the testing that is required by the LARWMP. The EMD will perform approximately one third of the sample collection and analyses, including chemical analyses, toxicity testing and microbiological analysis. The CWH will perform the collection and analyses that the EMD does not have the capacity to perform, which includes freshwater habitat bioassessments, California Rapid Assessment Methods (CRAM), and associated laboratory analysis for sample locations. Specific services listed in Article 4.4 of the contract include but are not limited to: Update the Quality Assurance Project Plan to incorporate changes in personnel, sampling and analytical protocols, ensuring that the program is compatible with the complimentary statewide and regional monitoring programs; Site reconnaissance of up to ten randomly selected freshwater sites distributed throughout the upper and lower Los Angeles River watershed, and determining sampling and laboratory participation by agencies associated with the watershed; Coordinate logistics and schedules for spring sampling dates for targeted random sites;

4 s CAO File No. Page Collect annual water chemistry, toxicity, and bioassessment samples at up to fourteen random fixed freshwater sites in late spring. Sampling schedule will be coordinated with the City and agreed upon by both parties prior to sampling; and, Project management and administration including required report submissions to the LARWQCB, coordinating working group meetings, and any special studies as necessary. Cost and Compensation The CWH will invoice the City on a quarterly, lump-sum basis based on five project deliverables. Estimated costs include annual Consumer Price ndex (CP) Adjustments that are capped at five percent per year. Payments shall l::e made upon the satisfactory completion of the tasks or milestones, as follows: [Deiiverables !A:itnual Cost Five-Year Cost -~-~ 1,000 -~1 3_5.26! 1. Modify and update prograrn documents 2. Monitoring Program: Site reconnaissance, Watershed Monitoring Sampling, Fish tissue sampling, Laboratory Analyses, Special Studies s c-=--=---=-::==-=----= ;---c j -~1, ~ i 3_ Data Management, Data Analysis and 834,370!. Ten-Year Cost] $ l i $ 1,899,2621, Reporting: $ 20,000 $ 110,513! $ 251,558 J 4~~roj~f~~~~g:~Pe 0 n~,a~~ad~l7n~f~=tion: - -r ----+j i Workgroup coordination, Project ' $ 20,000, $ 110,513 $ 251,558 Management, Enti!Y_~<1. 1lement -~ J 1 -~:~~~~~~ti~~;~~sdi~:but~ono~s~~e of the $ 20,000 1 $ 110,513 1 $ 251,558 _ ymposiurn Costs $ ' $ 50,0QQ_J 1, r $ 2,!!,.!'1!J rotalt$ _ 212,00Q_J_( n addition to project deliverables, the City will be paying to support the State of the Watershed Symposium, as a means to distribute the information gathered in the LARWMP to the scientific community and general public. Los Angeles River stakeholders will attend the symposium to present research findings and future plans for the river. The City's presence at this symposium will keep the City and relevant stakeholders abreast of the current environmental quality conditions in the watershed. The symposium takes place once every five years. The City will pay $25,000 to support the symposium each year that it occurs under the term of this contract, for a total of $50,000 should the City decide to execute the five-year extension. RECOMMENDATON That the Council authorize the Bureau to execute a Memorandum of Agreement with the Council for Watershed Health for the monitoring and program management of the Los Angeles River Watershed Monitoring Program.

5 CAO File No. Page FSCAL MPACT STATEMENT There is no General Fund impact Funding for the City's first year costs are available in the Sewer Construction and Maintenance Fund. Future year funding will be provided through the City's annual budget process, which is subject to Mayor and Council approval. The recommendation in this report complies with the City's Financial Policies as sufficient revenues are available to support proposed expenditures. The City's participation will be limited to the extent of available funds appropriated in the City's annual budget in any given year of the MOU. MAS:EMM: