HomeMy WebLinkAboutC-2255AMENDMENT NO. 3 — MOU.PACLRARC04
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AMENDMENT No. 3
TO MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF ARCADIA AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 3 to Memorandum of Understanding (this "Amendment "),
is dated as of June 30, 2013, by and between City of Arcadia ( "City "), and the Los Angeles
County Metropolitan Transportation Authority ( "LACMTA ").
RECITALS:
A. City and the LACMTA entered into that certain Memorandum of
Understanding No. MOU.PACLRARC04, dated September 1, 2004, as amended by Amendment
No. 1 dated June 1, 2006, and as further amended by Amendment No. 2 dated July 23, 2009 (as
amended, the "Existing MOU "), which Existing MOU provides for the Capital Reserve Fund for
the Pasadena Gold Line — Future Mass Transit Station project; and
B. On June 27, 2013, the LACMTA Board, authorized an extension of the
term of the reserve account to June 30, 2016; and
C. City and LACMTA desire to amend the Existing MOU as provided herein.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Under "Term /Lapse of Funds," of the Existing MOU, the date "June 30,
2012" is hereby deleted and replaced with "June 30, 2016."
2. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Page 1 of 2
AMENDMENT NO. 3 — M0U.PACLRARC04
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be
duly executed and delivered as of the above date.
City of Arcadia
By: / Date: October 22, 2013
Name: inic nllif z z a r e t t o
Title: City Manager
APPROVED AS TO FORM:
By: Date: October 22, 2013
Name: Step en •P. Deitsch
Title: Citv Attornev
LOS ANGELES COUNTY
M OPOLITAN TRANSPORTATION
UT ORITY
4l y: Date: (� 2113
�me: ur T.
Title: Chief Exec e Officer
Approved as to form:
JOHN F. KRATTLI
County Counsel
By: Date: L01503
pu
Page 2 of 2
LENDMENT NO.2 - MOT3.PACLRARC04
ttao -� yc�
AMENDMENT No. 2 c
TO MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF ARCADIA AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 2 to Memorandum of Understanding (this
"Amendment "), is dated as of July 23, 2009, by and between City of Arcadia ( "City "), and the
Los Angeles County Metropolitan Transportation Authority ( "LACMTA ").
RECITALS:
A. City and the LACMTA entered into that certain Memorandum of
Understanding No. MOU.PACLRARC04, dated September 1, 2004, as amended by
Amendment No. 1 dated June 1, 2006, (as amended, the "Existing MOU "), which Existing
MOU provides for a Capital Reserve Fund for the Pasadena Gold Line - Future Mass Transit
Station project; and
B. On July 23, 2009, the LACMTA Board, authorized an extension of the
term of the reserve account to June 30, 2012; and
herein.
C. City and LACMTA desire to amend the Existing MOU as provided
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Under "Term /Lapse of Funds," of the Existing MOU, the date
"September 2, 2009" is hereby deleted and replaced with "June 30, 2012."
2. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Rev.07.30.09 Page 1 of 2
1DMENT NO. 2 — MOU.PACLRARC04 +,
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to
be duly executed and delivered as of the above date.
City of Arcadia
By; L% Date:
Name: Donal d- Ronman
Title: city Manager
APPROVED AS TO FORM:
By: V • Date:
Name: Stephen P. Deitsch
Title: City Attorney
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By: JX46"
Name: Arthur T. Leahy
Title: Chief Executive Officer
Approved as to form:
Robert E. Kalunian
Rev.07.30.09
Page 2 of 2
Date:
Date:
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AMENDMENT NO. I — MOU.PACLRARC04
AMENDMENT No. 1
TO MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF ARCADIA AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 1 to Memorandum of Understanding (this
"Amendment "), is dated as of June 1, 2006, by and between City of Arcadia ( "City "), and the
Los Angeles County Metropolitan Transportation Authority ( "MTA ").
RECITALS:
A. City and the MTA entered into that certain Memorandum of
Understanding No. MOU.PACLRARC04, dated September 1, 2004, (the "Existing MOU "),
which Existing MOU provides for a Capital Reserve Fund for the Pasadena Gold Line Future
Mass Transit Station Project; and
B. On June 22, 2006, the Metro Board approved to extend the lapse date to
June 30, 2009; and
C. City and MTA desire to amend the Existing MOU as provided herein.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Under the "Term /Lapse of Funds" section of the existing MOU, delete
"September 2, 2006" and replace it with "June 30, 2009 ".
2. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Page 1 of 2
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AMENDMENT NO. 1 - MOU.PACLRARC04
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to
be duly executed and delivered as of the above date.
City of Arcadia �Q�]°��
By: Date:
Name: — William R. Kelly
Title: City Manager
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By:
Name: Roger Snoble
Title: Chief Executive Officer
Approved as to form:
Raymond G. Fortner, Jr.
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
City of Arcadia
Page 2 of 2
to -10 , 2006
Date: /04 0
Date: 7 �� I crG
Date: 10 1O 0 6
' Los Angeles Colt
Metropolitan Transportation Authority
Metro
October 27, 2006
Ms. Martha Eros
Transportation Service Officer
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
One Gateway Plaza •
Los Angeles, CA 90012-2952
Subject: Capital Reserve — Memorandum of Understanding
Dear Ms. Eros,
213.922.2000 Tel
metro.net
Enclosed is your signed copy of the MOU amendment between our agencies for use of Local
Return capital reserves. Please note that the Metro Board approval of this reserve is for
three years, the termination date is extended as listed in #1 of the agreement (June 30, 2009).
Should this fund need an additional time extension, contact Metro approximately three
months before the deadline so that an extension may be made.
Should you have any questions or concerns, please contact me at (213) 922 -3017 or e -mail
me at RichanS @metro.net.
Sincerely,
Susa— n R�chan
Program Manager
Enclosure
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MOU # MOU.PC07ARC2
MEMORANDUM OF UNDERSTANDING
FOR PROPOSITION C 5% TRANSIT SECURITY FUNDS
This Memorandum of Understanding ( "MOU ") is entered into as of July 1, 2006 by and between
the Los Angeles County Metropolitan Transportation Authority (Metro) and City of Arcadia
( "GRANTEE ").
RECITALS:
A. On November 6, 1990, the voters of the County of Los Angeles approved by majority
vote Proposition C, an ordinance establishing a one -half percent sales tax for public
transit purposes; and
B. The Proposition C ordinance states that 5% of the Proposition C Funds are to be used to
improve and expand rail and bus security (the "Prop C 5% Security Funds "); and
C. California Public Utilities Code Section 99285 0) (SB -1755 Calderon) directs a
formula allocation of Prop C 5% Security Funds based on transit ridership to all
Eligible /Included Operators; and
D. Metro, as the agency responsible for administering the tax, has designated this formula
allocation of Prop C 5% Security Funds as the funding source for the Transit Security
Funds ( "TSF ") described and programmed by this MOU; and
E. Metro has entered into a contract with the County of Los Angeles for the provision of
transit security services to Metro, the other Eligible /Included Operators and their
respective patrons by the Los Angeles Sheriffs Department ( "LASD "); and
F. At this time, the other Eligible/Included Operators can elect to continue to pay and
receive services from the LASD under the Metro contract or provide for
their own transit security. Therefore, the Eligible /Included Operators can elect to direct
their TSF in one of the following ways: (1) allocate 100% of their share of TSF to the
Metro for LASD transit security services as specified in the Service LOA, as
defined in Recital G below; (2) allocate a portion of their share of TSF to the Metro for
LASD transit security services as specified in the Service LOA and retain the
remaining portion of the TSF to provide for their own transit security as specified in the
Security Plan, as defined in Section 4.2 below; or (3) receive 100 % of their share of the
TSF to provide for their own transit security as specified in the Security Plan; and
G. Commencing with FY 2007, to the extent LASD will provide transit security
service to any Eligible /Included Operator, such service will not begin and no payments
will be made until the Eligible /Included Operator, the LASD and the Metro enter
into a letter of agreement (the "Service LOA "). The Service LOA shall specify the level
of LASD service to be provided to those Eligible /Included Operators electing to
allocate either 100% or a portion of their TSF to the Metro for LASD transit
security services; and
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MOU # MOU.PC07ARC2
H. GRANTEE is an Eligible /Included Operator and desires to allocate its share of TSF as
provided in this MOU; and
I. Metro and GRANTEE desire to enter into this MOU to allocate GRANTEE's share of
TSF and to agree to the terms and conditions of the TSF.
NOW, THEREFORE, in consideration of the mutual terms and conditions contained herein,
Metro and GRANTEE hereby agree as follows:
ARTICLE 1 —TERM
I.I. This MOU will be in effect from July 1, 2006 through June 30, 2007 unless terminated
earlier as provided herein.
1.2. The Metro reserves the right to terminate this MOU and withhold TSF if it is determined
that the GRANTEE has not used best efforts to adhere to all the terms and conditions
contained herein.
1.3. This MOU is subject to the "Calderon Bill" to the extent applicable.
ARTICLE 2- ALLOCATION OF TSF FUNDS AND INVOICE PROCEDURE
2.1. To the extent TSF is available, Metro staff, in coordination with the Eligible /Included
Operators, will develop the Annual Proposition C 5% Transit Security Funding
Allocation (the "Annual Security Allocation ") which will describe (1) Grantee's share of
the TSF pursuant to California Public Utilities Code Section 99285 0); and (2) the
distribution of Grantee's share of the TSF. Grantee shall have the opportunity to review
and comment on the Annual Security Allocation prior to Metro staff submitting the
Annual Security Allocation to the Metro Board for approval.
2.2. GRANTEE hereby directs Metro to allocate nine thousand one hundred and ninety three
dollars ($9,193), which is Grantee's share of TSF pursuant to the applicable Annual
Security Allocation for FY 07 as approved by the Metro board. If Metro staff, in
coordination with the Eligible /Included Operators, develops a mid -year reallocation of
the Annual Security Allocation, which is approved by the Metro board, Grantee hereby
directs Metro to make such mid -year adjustments to its Annual Security Allocation as
approved by the Metro board.
2.3. To the extent GRANTEE directs that the Metro retain any TSF to pay for LASD transit
security services for GRANTEE in Section 2.1 above, GRANTEE hereby authorizes
Metro to take such funds and apply such funds to METRO's contract with the LASD.
GRANTEE and Metro understand that commencing with FY 2007 and for each
subsequent fiscal year thereafter, Metro will not be authorized to take Grantee's TSF and
apply such funds to Metro's contracts with LASD and Grantee shall not receive any
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MOU # MOU.PC07ARC2
transit security services from the LASD until such time the parties enter into a Service
LOA specifying the level of service to be provided to GRANTEE. GRANTEE will not
need to submit an invoice for any amounts retained by Metro to pay LASD.
2.4. To the extent GRANTEE directs that it receive any TSF, each fiscal year, GRANTEE
shall send Metro one invoice for such appropriate amount consistent with the amount
shown on the applicable Annual Security Allocation. Metro shall not be obligated to
forward any TSF to GRANTEE until it receives an invoice and the Security Plan, unless
otherwise agreed to by the parties. Metro shall make payments to Grantee on a quarterly
basis, unless otherwise agreed to by the parties.
ARTICLE 3 - USE OF FUNDS
3.1. GRANTEE shall use any TSF provided herein to provide transit security as provided in
its Security Plan.
3.2. Metro shall use any TSF received hereunder to pay LASD to provide transit security
services to GRANTEE as specified in the Service LOA.
3.3. GRANTEE understands if it decides to allocate either 100% or a portion of its TSF to the
Metro for LASD transit security services, it will need to enter into a Service LOA.
3.4. To the extent Grantee receives any TSF, GRANTEE shall not use the TSF to supplement
or pay for general police or other security services not related to transit.
3.5. To the extent Grantee receives any TSF, GRANTEE shall use TSF for operating or
capital security assistance and shall not use TSF to substitute for any other funds, service,
or project not specified in this MOU or the Service LOA.
ARTICLE 4 - AUDIT AND REPORTING REQUIRMENTS
4.1. Metro or its designee shall have the right to conduct a financial and compliance audit(s)
of the program. To the extent Grantee receives the TSF, GRANTEE agrees to establish
and maintain proper accounting procedures and cash management records and documents
in accordance with conditions defined by this MOU. GRANTEE shall maintain financial
records for three (3) years after the end of the fiscal year within which the TSF was
dispersed. Metro may audit as provided herein up to three years after the end of the fiscal
year within which the TSF was dispersed.
4.2. Pursuant to California Public Utilities Code Section 99285 0), GRANTEE shall file a
cost effective security program to provide transit security (the "Security Plan") with the
Metro prior to receiving all or a portion of TSF.
4.3. For those Eligible/Included Municipal Operators who directly receive their TSF, the
Security Plan shall be submitted annually with the annual invoice. For those
• MOIHMOU.PC07ARC2
Eligible /Included Municipal Operators who direct all TSF to the METRO for the LASD,
the Security Plan stating such may be filed once with the Metro for the duration of the
MOU unless there are any changes to the Security Plan in which event, the
Eligible /Included Municipal Operator shall once again be required to submit its Security
Plan annually with the annual invoice.
ARTICLE 5 - MISCELLANEOUS
5.1. This MOU along with the Annual Security Allocation, the Service LOA, if any, and the
Security Plan, if any, constitute the entire agreement between the parties with respect to
the subject matter described herein. No amendments or modifications to this MOU shall
be binding upon either party unless such amendment or modification is in writing and
duly executed by both parties. This MOU shall not be amended or modified by any acts
or conduct of the parties.
5.2. GRANTEE agrees to comply with all applicable local, state and federal laws and
regulations in the provision of public transit services.
5.3. GRANTEE is not a contractor, agent or employee of the Metro. GRANTEE shall not
represent itself as a contractor, agent or employee of the Metro and shall have no power
to bind the Metro in contract or otherwise.
5.4. To the extent GRANTEE receives the TSF, GRANTEE understands and agrees that in
programming the TSF, Metro is acting pursuant to its statutory authority and Metro shall
have no liability in connection with the use of such TSF. GRANTEE agrees to indemnify
METRO for all liability arising out of GRANTEE'S performance in the provision of
public transit security services paid for by TSF.
5.5. GRANTEE understands and agrees that in programming the FUNDS and entering into
this MOU, Metro is acting pursuant to its statutory authority and shall have no liability in
connection with the use of these FUNDS for public transit purposes. GRANTEE shall
fully indemnify, defend and hold the Metro, it directors, officers, employee and agents
harmless from and against any liability and expenses, including without limitation,
defense costs, any costs or liability on account of bodily injury, death or personal injury
of any person or for damage to or loss of risk of property, any environmental obligation,
legal fees and any claims for damages of any nature whatsoever arising out of (i) breach
of GRANTEE's obligations under this MOU; (ii) misuse of the FUNDS by GRANTEE
or its officers, agents, employees or subcontractors; (iii) any act or omission of the
GRANTEE or its officers, agents, employees or subcontractors in the performance and/or
provision of the services provided under this MOU.
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MOU # MOU.PC07ARC2
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be duly executed as of the dates below with all the formalities required by law.
CITY OF ARCADIA
Name: William R. Kelly
Title: City Manager
Date: October 18, 2006
ATTEST:
Date: t b _I $-61v
APPROVED AS TO FORM: ,
Stephen P. Deitsch
City Attomey
City of Arcadia
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By: C
Roger Snoble
Chief Executive Officer
Date: /Q -27_d6
APPROVED AS TO FORM:
Raymond G. Fortner, Jr.
Date: 10.1 -7 , O
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MOU # MOU.PC07ARC
MEMORANDUM OF UNDERSTANDING
TO ALLOCATE PROPOSITION C 40% DISCRETIONARY FUNDS
FOR THE MUNICIPAL OPERATOR FUEL INCREASE MITIGATION PROGRAM
This Memorandum of Understanding ( "MOU ") is entered into as of July 1, 2006, by and between
t the Los Angeles County Metropolitan Transportation Authority ( "Metro ") and City of Arcadia
( "Grantee ").
WHEREAS, on November 6, 1990, the voters of the County of Los Angeles approved by
majority Proposition C, an ordinance establishing a one -half percent sales tax for public transit
purposes; and
WHEREAS, Metro, is the agency responsible for administering the tax; and
WHEREAS, on May 25, 2006, Metro Board approved funds to mitigate the impact of the fuel
cost increases experienced by the municipal operators; and
WHEREAS, the Metro Board authorized a one time allocation of $6 million in Proposition C
40% Discretionary funds for Fiscal Year 2006 -07 to meet increases in operators' fuel costs; and
WHEREAS, Grantee is an eligible operator and desires to receive the funds from Metro for the
Fuel Increase Mitigation Program; and
WHEREAS, Metro and Grantee desire to agree to the terms and conditions of the grant of funds
described herein.
NOW THEREFORE, in consideration of the mutual term and conditions contained herein, Metro
and Grantee hereby agree as follows:
ARTICLE 1 - TERM
1.1. This MOU will be in effect from July 1, 2006, through June 30, 2007, unless
terminated earlier as provided herein.
1.2 During the term of this MOU, Metro and Grantee shall not pursue legislation,
legal or other actions to alter the Metro Board approved funding sources currently
subject to formula allocations.
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ARTICLE 2 - ALLOCATION OF PROPOSITION C DISCRETIONARY FUNDS AND
INVOICE PROCEDURE
2.1. Funds will be allocated among the included and eligible municipal operators
according to the shares calculated by the Metro's FY 2007 Formula Allocation
Procedure. Pursuant to this procedure, Grantee shall be eligible to receive twenty
two thousand two hundred and eighty two dollars ($22,282), (the "Funds ") as
Grantee's share of the Municipal Operator Fuel Increase Mitigation Allocation
program.
2.2. Funds will be disbursed after this MOU has been executed and Grantee has
submitted to Metro one invoice for the total annual allocation and documentation
showing that the Funds are being used to meet increases in fuel costs. Once the
invoice and documentation are received, Metro will disburse 1/12 of the Funds
each month.
ARTICLE 3 - USE OF FUNDS
3.1 Grantee shall utilize the Fund in accordance with the Metro Municipal Operator
2007 Fuel Increase Mitigation Allocation Policies and Administrative Procedures
approved by the Metro Board on July 27, 2006, ( "Guidelines ").
3.2 Grantee shall not use any Funds received for fuel increase mitigation to substitute
for any other funds, service, or project except as otherwise specifically provided
for in this MOU.
3.3 Any Funds not spent in FY 2007 will revert back to Metro's Proposition C 40%
fund pool and be made available for further programming at Metro's sole
discretion.
ARTICLE 4 - AUDIT AND REPORTING REQUIREMENTS
4.1 Grantee agrees to establish and maintain proper accounting procedures and cash
management records and documents in accordance with conditions defined by this
MOU. Grantee shall maintain all documents and records related to the Program
and the use of the Funds for three (3) years after the end of the fiscal year in which
the Funds were expended. Metro may audit, as provided, herein, up to three (3)
years after the end of the fiscal year in which the Funds were expended.
4.2. Grantee shall comply with all Federal National Transit Database reporting
requirements and shall annually submit a completed copy of said report to Metro.
4.3. By November 30 of each year, Grantee shall submit to Metro a completed
Transportation Performance Measure (TPM) form which separately reports prior
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fiscal year data pertaining to all non - formula service, including the use of the
Funds for operating transit service.
4.4. By December 30 of each year, Grantee shall submit to Metro an annual financial
audit report which identifies the use of the Funds for transit purposes outlined in
the Guidelines.
ARTICLE 5 — MISCELLANEOUS
5.1 This grant shall be a one -time grant subject to the terms and conditions agreed to
herein and in the Guidelines. Except as otherwise provided in this MOU, the grant
does not imply nor obligate any future funding commitment on the part of Metro.
5.2 Grantee understands and agrees that in programming the Funds and entering into
this MOU, Metro is acting pursuant to its statutory authority and shall have no
liability in connection with the use of these Funds for public transit purposes or
the projects or services described in the service improvement plan. Grantee shall
fully indemnify, defend and hold Metro, it directors, officers, employee and agents
harmless from and against any liability and expenses, including without
limitation, defense costs, any costs or liability on account of bodily injury, death
or personal injury of any person or for damage to or loss of risk of property, any
environmental obligation, legal fees and any claims for damages of any nature
whatsoever arising out of (i) breach of Grantee's obligations under this MOU;
(ii) misuse of the Funds by Grantee or its officers, agents, employees or
subcontractors; (iii) any act or omission of Grantee or its officers, agents,
employees, contractors or subcontractors in the performance and/or provision of
the services provided under this MOU, and the Fuel Increase Mitigation Program.
5.3 Grantee agrees to comply with all applicable local, state and federal laws and
regulations in the provision of public transit services and any services rendered for
the Fuel Increase Mitigation Program.
5.4 Metro reserves the right to terminate this MOU and withhold the Funds if it is
determined that Grantee has not complied with all the terns and conditions
contained herein or in the Guidelines.
5.5 Any change in the Municipal Operator Fuel Increase Mitigation Allocation is
subject to approval by the Metro Board.
5.6 No amendment or modification to this MOU shall be binding upon either
party unless such amendment or modification is in writing duly executed by both
parties. This MOU shall not be amended or modified by any acts or conduct of
the parties.
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5.8 Grantee is not a contractor, agent or employee of Metro. Grantee
shall not represent itself as a contractor, agent or employee of Metro and shall
have no power to bind Metro in contract or otherwise.
5.9 This MOU and the Guidelines constitutes the entire agreement between the parties
with respect to the subject matter of this Agreement and supersedes all prior and
contemporaneous agreements and understandings.
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed as of
the dates below with all the formalities required by law.
CITY OF ARCADIA
''� um
Name: William R. Kelly
Title: rtr- 3L— CeMana�er
October 18, 2006
By
Date: 16-10-6 �
APPROVED AS TO FORM: �
Stephen P. Deitsch
City Attorney
City of Arcadia
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LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By:
Roger Snoble
Chief Executive Officer
Date: (6 — �L7-06—
APPROVED AS TO FORM:
Raymond G. Fortner, Jr.
COTTNTY COTTNSEL
Date: 16111)-(196
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MOU # MOU.PCO2ARC6A
MEMORANDUM OF UNDERSTANDING
TO ALLOCATE PROPOSITION C 40% DISCRETIONARY FUNDS
FOR THE MUNICIPAL OPERATOR SERVICE IMPROVEMENT PROGRAM ( MOSIP)
This Memorandum of Understanding ( "MOU") is entered into as of July 1, 2006 by and between
the Los Angeles County Metropolitan Transportation Authority ( "Metro') and City of Arcadia
( "GRANTEE ").
WHEREAS, on November 6, 1990, the voters of the County of Los Angeles approved by
majority Proposition C, an ordinance establishing a one -half percent sales tax for public transit
purposes; and
WHEREAS, the Metro, is the agency responsible for administering the tax; and
WHEREAS, on April 26, 2001, the Metro Board approved the creation of an ongoing municipal
operator service improvement program ( "MOSIP ") beginning in FY 2002 to improve service to
the transit dependent countywide by reducing overcrowding and expand services ; and
WHEREAS, the Board approved $15 million in Proposition C 40% Discretionary funds for fiscal
year 2002 and $15 million for each of the next four fiscal years with a 3% cumulative increase
each year to fund the MOSIP; and
WHEREAS, on July 27, 2006, the Metro Board approved the continuation of the MOSIP
program for one year FY 2007; and
WHEREAS, the MOSIP objectives are as follows:
a) to improve service to transit users countywide
b) to assist Metro in reducing its operating and capital costs through collaboration with
the municipal operators and Metro
c) to identify overlapping services and develop strategies to operate those services at a
reduced cost
d) to work with Metro on new countywide service expansion plans to reduce
overcrowding and expand new services to the transit dependent
e) to provide input into Metro's vehicle purchase plan to reduce costs; and
f) to continue work with Metro on countywide fare media options and the Universal
Fare System to achieve a seamless ride for the transit patrons in Los Angeles County
WHEREAS, the GRANTEE is an eligible operator and desires to receive the FUNDS from
Metro for the MOSIP; and
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WHEREAS, Metro and GRANTEE desire to agree to the terms and conditions of the grant of
FUNDS.
NOW THEREFORE, in consideration of the mutual term and conditions contained herein, Metro
and GRANTEE hereby agree as follows:
ARTICLE 1 - TERM
1.1. This MOU will be in effect from July 1, 2006 through June 30, 2007 unless
terminated earlier as provided herein.
1.2 During the term of this MOU, Metro and Grantee shall not pursue legislation,
legal or other actions to alter the Metro Board approved funding sources currently
subject to formula allocations.
ARTICLE 2 - ALLOCATION OF PROPOSITION C DISCRETIONARY FUNDS AND
INVOICE PROCEDURE
2.1. For FY 2007, to the extent the FUNDS are available, Metro staff, in coordination
with the Eligible /included Operators, developed sixty four thousand five hundred
and seventy six dollars ($64,576), as GRANTEE's funding mark for the MOSIP
(the "Annual Funding Mark "). The funds allocations for MOSIP were developed
according to the formula allocation procedure. The Annual Funding Mark
describes GRANTEE's share of the FUNDS for the MOSIP to the extent the
MOSIP is funded in FY 2007. GRANTEE had the opportunity to review and
comment on the Annual Funding Mark prior to Metro staff submitting the Annual
Funding Mark to the Metro Board for approval. Metro Board approved the annual
funding marks at its July 27, 2006 Board meeting.
2.2. If Metro staff, in coordination with the Eligible/Included Operators, develops a
mid -year reallocation of the Annual Funding Mark which is approved by the
Metro Board, Metro will make such mid -year adjustments to its Annual Funding
Mark, as approved by the Metro Board, if applicable.
2.3. For FY 2007, GRANTEE shall send Metro one invoice for the MOSIP in an
amount consistent with the amount shown on the Annual Funding Mark. Metro
shall not be obligated to forward the FUNDS for the MOSIP to GRANTEE until it
receives an invoice and the service improvement plan described in Section 3.0
below. Metro shall disburse funds for operating purposes monthly in equal
portions. Metro shall disburse funds for capital purposes in one payment.
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ARTICLE 3 - USE OF FUNDS
3.0 GRANTEE shall submit a service improvement plan showing the assignment of
funds between operating and capital purposes. The service improvement plan
should include a description and start date of the service on which these Funds
will be spent. The plan should explain how these services will meet the MOSIP
plan objectives and benefit transit users. If some or all of the Funds are to be
spent on capital projects, the service improvement plan should describe the project
cost, schedule, milestone and the project benefit. The service improvement plan
may be amended by Grantee in coordination with the Metro.
3.1 GRANTEE shall use the FUNDS as described in the service improvement plan.
3.2 GRANTEE shall utilize the FUNDS in accordance with the Metro Municipal
Operator Service Improvement (Program) Guidelines (the "GUIDELINES ") as
approved by BOS in June 2001, including complying with reserve /carryover
requirement and lapsing requirements.
3.3 GRANTEE shall not use any FUNDS received for the MOSIP to substitute for
any other funds, service, or project except as otherwise specifically provided for in
this MOU.
ARTICLE 4 - AUDIT AND REPORTING REQUIREMENTS
4.1 GRANTEE agrees to establish and maintain proper accounting procedures and
cash management records and documents in accordance with conditions defined
by this MOU. GRANTEE shall maintain all documents and records related to the
MOSIP and the use of the Funds for three (3) years after the end of the fiscal year
in which the FUNDS were expended. Metro may audit as provided herein up to
three years after the end of the fiscal year within which the FUNDS were
expended.
4.2. GRANTEE shall comply with all Federal National Transit Database reporting
requirements and shall annually submit a completed copy of said report to Metro.
4.3. By November 30, 2006, the GRANTEE shall submit to the Metro a completed
TPM form which separately reports prior fiscal year data pertaining to all non -
formula service, including the use of the Funds for operating transit service.
4.4. By December 30, 2006, the GRANTEE shall submit to the Metro an annual
financial audit report which identifies the use of the FUNDS for transit purposes
outlined in the MOSIP guidelines in the Operators Service Improvement Plan.
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4.5. Operators will provide a quarterly report, to Metro describing how the service is
meeting the MOSIP objectives. For capital projects, the quarterly report should
describe the project progress and estimated completion date.
ARTICLE 5 — MISCELLANEOUS
5.1 This grant shall be a one -time grant subject to the terms and conditions agreed to
herein and in the GUIDELINES. Except as otherwise provided in this MOU, the
grant does not imply nor obligate any future funding commitment on the part of
the Metro.
5.2 GRANTEE understands and agrees that in programming the FUNDS and entering
into this MOU, Metro is acting pursuant to its statutory authority and shall have
no liability in connection with the use of these FUNDS for public transit purposes
or for the MOSIP or the projects or services described in the service improvement
plan. GRANTEE shall fully indemnify, defend and hold the Metro, it directors,
officers, employee and agents harmless from and against any liability and
expenses, including without limitation, defense costs, any costs or liability on
account of bodily injury, death or personal injury of any person or for damage to
or loss of risk of property, any environmental obligation, legal fees and any claims
for damages of any nature whatsoever arising out of (i) breach of GRANTEE's
obligations under this MOU; (ii) misuse of the FUNDS by GRANTEE or its
officers, agents, employees or subcontractors; (iii) any act or omission of the
GRANTEE or its officers, agents, employees or subcontractors in the performance
and/or provision of the services provided under this MOU, the service
improvement plan and/or the MOSIP.
5.3 GRANTEE agrees to comply with all applicable local, state and federal laws and
regulations in the provision of public transit services and any services rendered for
the MOSIP.
5.4 Metro reserves the right to terminate this MOU and withhold the FUNDS if it is
determined that the GRANTEE has not complied with all the terms and
conditions contained herein or in the GUIDELINES
5.5 Any change in the MOSIP is subject to a three - fourths vote by the governing
board of the Metro.
5.6 No amendment or modification to this MOU shall be binding upon either
party unless such amendment or modification is in writing duly executed by both
parties. This MOU shall not be amended or modified by any acts or conduct of
the parties.
5.8 GRANTEE is not a contractor, agent or employee of the Metro. GRANTEE
El
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shall not represent itself as a contractor, agent or employee of the Metro and sha
have no power to bind the Metro in contract or otherwise.
5.9 This MOU and the Guidelines constitutes the entire agreement between the parties
with respect to the subject matter of this Agreement and supersedes all prior and
contemporaneous agreements and understandings.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to
be duly executed as of the dates below with all the formalities required by law.
CITY OF ARCADIA
By: � uk-r%w
Name: William R_ Kelly
Title: City Manager
October 18, 2006
ATTEST:
By: A h >
Date: 1&-18-6(-
APPROVED AS TO FORM:
R1)r�
Steph n P. Deitsch
City Attorney
City of Arcadia
5
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By: d�
Roger Snoble
Chief Executive Officer
Date: <D
APPROVED AS TO FORM:
Raymond G. Fortner, Jr.
COUNTY COUNSEL
ME
Da'
Date: 10-1-7-06