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HomeMy WebLinkAboutC-2279 C-2-2-19 Memorandum of Understanding Among the Southern California Association of Governments,the Los Angeles County Metropolitan Transportation Authority, and Los Angeles County Transit Operators This Memorandum of Understanding (MOU), is entered into and effective this Z1 day of V, , 2018, among the Southern California Association of Governments (SCAG), the Los Angeles Metropolitan Transportation Authority(Metro), and Los Angeles County Transit Operators, to cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation planning and programming processes, in accordance with 23 CFR 450.314. The undersigned Los Angeles County Transit Operators include the transit operators and paratransit operator operating in Los Angeles County, and are collectively referred to herein as the "Transit Operators." SCAG, Metro, and Transit Operators are referred to herein individually as a "Party" and collectively as the"Parties." RECITALS WHEREAS, SCAG is a Joint Powers Agency formed pursuant to Section 6502 of the California Government Code; WHEREAS, SCAG is the designated Metropolitan Planning Organization (MPO)for the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura, pursuant to Title 23, United States Code Section 134(d); WHEREAS, SCAG is responsible for maintaining a continuing, cooperative, and comprehensive transportation planning process which involves preparation, adoption and update of a Regional Transportation Plan (RTP) pursuant to Title 23, United States Code Section 134 et seq., Title 49, United States Code Section 5303 et seq., and Title 23, Code of Federal Regulations (CFR) Section 450 et seq.; WHEREAS, SCAG is the multicounty designated transportation planning agency pursuant to Public Utilities Code Section 130004 and California Government Code Section 29532, and is responsible for preparation, adoption and update of the RTP every four years pursuant to California Government Code Section 65080 et seq.; WHEREAS, pursuant to Senate Bill(SB)375(Steinberg, 2008)as codified in Government Code Section 65080(b)et seq., SCAG is also required to prepare a Sustainable Communities Strategy (SCS)for incorporation into the RTP that demonstrates how the region will meet its greenhouse gas(GHG)reduction targets as set forth by the California Air Resources Board(ARB); WHEREAS, the SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) sets forth the long-range regional plans and strategies for transportation improvements and regional growth throughout the SCAG region; Page 1 of 27 WHEREAS, the RTP/SCS consists of a financially constrained plan and strategic plan. The constrained plan includes projects that have committed, available or reasonably available revenue sources, and are thus probable for implementation. The strategic plan is for information purposes only and identifies potential projects that require additional study, consensus building, and identification of funding sources before making the decision as to whether to include these projects in a future RTP/SCS constrained plan; WHEREAS, SCAG is further responsible for preparing and adopting the Federal Transportation Improvement Program (FTIP) (known as the regional transportation improvement program under state law) every two years pursuant to Government Code Sections 14527 and 65082, and Public Utilities Code Section 130301 et seq.; WHEREAS, in non-attainment and maintenance areas for transportation-related criteria pollutants, the MPO, as well as the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA), must make a conformity determination on any updated or amended RTP in accordance with the federal Clean Air Act to ensure that federally supported highway and transit project activities conform to the purpose of the State Implementation Plan (SIP); WHEREAS, pursuant to Government Code Section 65080(b)(2)(F) and federal public participation requirements including 23 CFR Section 450.316(b)(1)(iv), SCAG must prepare the RTP/SCS by providing adequate public notice of public involvement activities and time for public review. The SCAG Public Participation Plan serves as a guide for SCAG's public involvement process, including the public involvement process to be used for the RTP/SCS and an enhanced outreach program that incorporates the public participation requirements under SB 375 and adds strategies to better serve the underrepresented segments of the region; WHEREAS, in 2007, to coordinate metropolitan transportation planning in accordance with federal law, SCAG entered into Memoranda of Understanding with providers of public transportation in the region, including County Transportation Commissions (CTCs) and Transit Operators (referred to herein as "2007 MOUs"); WHEREAS, SCAG now seeks to update and enter into a new Memoranda of Understanding to supersede and replace the 2007 MOU. This MOU reflects the most recent metropolitan transportation planning regulations as set forth under 23 CFR Section 450.314, which requires SCAG, the State and providers of public transportation to cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation planning process, including specific provisions for the development of financial plans that support the RTP and FTIP and development of the annual listing of obligated projects; WHEREAS, SCAG has entered into a separate Memorandum of Understanding with the State of California Department of Transportation, updated and effective July 7, 2017, in accordance with 23 CFR Regulations Section 450.314; WHEREAS, Metro is a County Transportation Commission created pursuant to Public Utilities Page 2 of 27 Code Section 130050 and is charged pursuant thereto for approval of all projects in Los Angeles County utilizing federal and state highway and transit funds and is responsible for transportation programming and long and short range transportation planning in Los Angeles County; WHEREAS, Metro is the regional transit operator for Los Angeles County, created pursuant to Public Utilities Code section 130050; and the undersigned Transit Operators set forth in Exhibit "A," provide transit service within Los Angeles County; and WHEREAS, the Parties desire to utilize this MOU to specify cooperative procedures for carrying out the metropolitan transportation planning process as required by 23 CFR 450.314 and any successors thereto, and as may be subject to any final rulemaking. NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS PROVIDED FOR THEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: Section I PLANNING AND COORDINATION PROCESS 1.1 SCAG's Role: SCAG is the agency with the overall responsibility for continuous, comprehensive and coordinated regional transportation planning in the six county SCAG region. In accordance with applicable federal and state laws these responsibilities primarily include but are not limited to preparation and adoption of the RTP/SCS and FTIP. 1.2 Metro's County Transportation Commission Role: Metro is responsible for continuous, comprehensive and coordinated transportation planning and project implementation within Los Angeles County. These responsibilities include but are not limited to the development and adoption of the Long Range Transportation Plan (LRTP) and County Transportation Improvement Program (TIP) for Los Angeles County, development of corridor and sub-regional studies, and for allocating transit funds to Los Angeles County transit operators. Metro will coordinate with Transit Operators in meeting its countywide transportation planning responsibilities. Metro is also responsible for ensuring that the transit projects, plans and programs identified in Metro's LRTP and County TIPs for Los Angeles County are recommended to SCAG for inclusion in the RTP/SCS, FTIP, and regional transportation studies. 1.3 Transit Operators' Role: Transit Operators are responsible for coordinating with Metro regarding their capital and operating needs and submittal of projects for inclusion into the LRTP and TIP for Los Angeles County. 1.4 Certification and Assurances: In carrying out their respective responsibilities under this MOU, each Party shall comply with the requirements and any successors thereto, Page 3 of 27 referenced in SCAG's annual Certifications and Assurances (FHWA and FTA "Metropolitan Transportation Planning Process Certification") submitted as part of SCAG's Overall Work Program, including but not limited to: a. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d-1) and 49 CFR part 21 and related federal guidelines including but not limited to FTA Circular 4702.1; b. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national origin, sex, or age in employment or business opportunity; c. Section 1101(b) of the FAST Act (Pub. L. 114-94) and 49 CFR part 26 regarding the involvement of disadvantaged business enterprises in USDOT funded projects; d. 23 CFR part 230, regarding the implementation of an equal employment opportunity program on Federal and Federal-aid highway construction contracts; e. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 49 CFR parts 27, 37, and 38; f. The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; g. Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on gender; and h. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27 regarding discrimination against individuals with disabilities. 1.5 Coordination Process: SCAG shall engage in a consultative process with Metro and Transit Operators in accordance with applicable federal and state laws and regulations, and successors thereto, pertaining to the roles and responsibilities of the Parties in metropolitan transportation planning. a. SCAG shall provide timely notice of the opportunity to comment on its Draft RTP and Draft FTIP to the Parties and the opportunity to participate in Overall Work Program development. b. SCAG shall continue maintaining the Regional Transit Technical Advisory Committee or a successor group, to provide a forum for Metro, other CTCs, and Transit Operators, to participate in the metropolitan transportation planning process. c. Metro agrees to participate in SCAG's Technical Working Group or any successor group established to serve the same function which shall also serve as a forum to ensure that local transportation projects, plans and programs are effectively integrated into the RTP/SCS and FTIP updates. d. The Executive Officers of SCAG and the CTCs shall continue to meet regularly to ensure executive coordination of regional/county/local transportation issues, including issues regarding transit coordination. e. Metro and Transit Operators, with the exception of Access Services Inc., will participate in the Bus Operations Subcommittee of the Metro Technical Advisory Committee or any successor group as a forum for ensuring that Transit Operators' plans, programs, studies, and other issues are integrated into the county and Page 4 of 27 regional transportation planning process. f. Access Services Incorporated (ASI), the Consolidated Transportation Services Agency for Los Angeles County and the administrator of the Los Angeles County Coordinated Paratransit Plan, shall participate in the Local Transit Service Subcommittee of the Metro Technical Advisory Committee or any successor group as a forum for ensuring that Transit Operators' plans, programs, studies, and other issues are integrated into the county and regional transportation planning process. g. Metro and Transit Operator general managers shall participate in the General Manager's Group or any successor group as a forum for executive coordination, ensuring that Transit Operators' plans, programs, studies, and other issues are integrated into the county and regional transportation planning process. h. Metro shall provide Transit Operators the opportunity to include projects in the LRTP and TIP for Los Angeles County. Projects and programs adopted by the Metro Board in the Los Angeles County LRTP and TIP shall be submitted to SCAG and recommended for inclusion in the RTP/SCS and FTIP, respectively. i. The Parties shall cooperatively develop an annual listing of projects for which funds under 23 U.S.C. or 49 U.S.C. Chapter 53 were obligated in the preceding program year, in accordance with 23 CFR 450.334. j. The Parties shall cooperatively develop estimates of funds that will be available to support RTP/SCS implementation, and reasonable financial principles and information that support revenue and cost estimates, to be used in the RTP/SCS and FTIP financial plan, in accordance with 23 CFR 450.324(0(11). k. The Parties agree to collaborate to implement federal performance reporting and performance-based planning provisions in accordance with 23 CFR 450.306(d)(2)(iii), and subject to applicable final rulemaking. The Parties further agree to coordinate to the maximum extent practicable in the selection of performance targets, and will cooperatively develop and share information related to transportation performance data, the selection of performance targets, the reporting of performance targets, and the reporting of performance to be used in tracking progress toward attainment of critical outcomes for the SCAG region, in accordance with 23 CFR 450.314(h)(1). I. To aid in the planning process, Metro and Transit Operators shall make available to SCAG their Transit Asset Management Plan and any supporting records or documents, performance targets, investment strategies, and the annual condition assessment report required under 49 CFR 625.55, upon request of SCAG and in accordance with the RTP/SCS development schedule, in order to fulfill requirements of 49 CFR 625.53 and any successors thereto. m. SCAG shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in the Transit Asset Management Plans and Public Transportation Agency Safety Plans developed by providers of public transportation, in accordance with 23 CFR 450.306(d)(4). n. Transit Operators may choose to rely on SCAG's public participation process associated with the FTIP development to satisfy the requirement for public Page 5 of 27 participation in developing the FTA Section 5307 program of projects (POP). SCAG agrees to incorporate in the FTIP document(s) an explicit statement reflecting that public notice of public involvement activities and time established for public review and comment on the FTIP will satisfy the POP requirements of the Section 5307 Program. Section 2 General Provisions 2.1 Term of Agreement: This MOU shall be effective as to each Party on the date such Party executes this MOU, and continues in full force until such Party withdraws from this MOU pursuant to Section 2.5 below or this MOU is terminated by SCAG upon thirty (30) days prior written notice. This MOU shall supersede and replace all prior agreements including but not limited to the 2007 MOU between the Parties concerning metropolitan planning agreements required to be developed pursuant to 23 CFR 450.314 and predecessors thereto. 2.2 Drafting: This MOU has been prepared by all Parties and has been reviewed and endorsed by each. 2.3 Amendments: This MOU may be amended only by the execution by all Parties of a written amendment. 2.4 Indemnity: Each of the Parties to this MOU is a public entity. Pursuant to Government Code Section 895.4, each Party shall indemnify, defend and hold each of the other Parties, and their respective officers, agents and employees harmless from and against any liability and expenses, including 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 property, any legal fees and any claims for damages attributable only to performance of the responsibilities as set forth in Section 1 (Planning and Coordination Process) of this MOU by the indemnifying Party (Indemnitor) or its officers, agents employees, contractors and subcontractors under this MOU, except to the extent caused by the negligence or willful misconduct of an indemnified Party (Indemnitee). 2.5 Withdrawal: Any Party may withdraw from this MOU upon ninety (90) days written notice to each Party, providing that the notice of withdrawal set forth the effective date of withdrawal and the reason for withdrawal. Additionally, the notice of withdrawal shall provide that the Parties during the period prior to the effective date of withdrawal shall meet to try to resolve any dispute. In the event that the withdrawal is for cause, the withdrawal shall not be effective if the Party cures the default in its performance within the ninety day period. SCAG shall notify FTA of the withdrawal from this MOU of any Party. Page 6 of 27 2.6 Jurisdiction and Venue: This MOU shall be deemed an Agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. All Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be in Los Angeles County, California. 2.7 Non-assignment: No Party may assign this MOU, or any part thereof, without the written consent of each Party to this MOU. 2.8 Notice: Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses: Executive Director Southern California Association of Governments 900 Wilshire Blvd., Ste. 1700 Los Angeles, California 90017 Chief Executive Officer Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, California 90012-2952 Los Angeles County Transit Operators (See Exhibit "A") Each undersigned Party agrees to notify the other Parties of any changes to the address for receipt of Notices. 2.9 Order of Precedence: In the event of a conflict between and among this MOU and Exhibit"A,"the order of precedence shall be: Amendments to the MOU MOU Exhibit"A" 2.10 Execution of Agreement or Amendments: This MOU, or any amendment related thereto (Amendment), may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. The signature page of this MOU or any Amendment may be executed by way of a manual or authorized digital signature. Delivery of an executed counterpart of a signature page to this MOU or an Amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this MOU or any Amendment. Page 7 of 27 IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives on the dates set forth below. The Southern California Association of Governments ("SCAG") By: d Date: ___4°Has n khrata / / t' Executive Director Approved as to Form: \ :Cl". /jf Date: l� �p/�6 Jo nna Africa C ief Counsel/Director of Legal Services Page 8 of 27 Los Angeles County Metropolitan Transportation Authority (LACMTA) By: _.,��, ���e Date: 5/30770 l Phillip A. Washington Chief Executive Officer �. APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By: Date: -�/ !! Dep Page 9 of 27 Antelope Valley Transit Authority By: G.* Date: 171/2-;/,/e7 Approved as to Form: Date: Page 10 of 27 Arcadia Transit By- 1 .r •,_ Date: e) . 3� 2Dl$ Do c azzaretto City Manager Approved as to Form: Date: Mai ?' / Stephen P. Deitsch f City Attorney Page 11 of 27 Beach Cities Transit By: �--.e C, , ____=e Date: ilAt1/4 N '2,c) Mayor Approved as to Form: 41:1,,a. ta Date: ,y Q, D2Olg Mike Webb, City Attorney Attest: Diait,6)91-) t i% Date: / /cap.% , Eleanor Manzano, City Cl: , Page 12 of 27 Claremont Dial-A-Ride By: ,� Date: .�. 411•. Approved as to Form: Si ,�� kr-4- # Date: May 16, 2018 Page 13 of 27 Commerce Municipal Bus Lines By: 3 — o Date: Approved as to Form: Date: `71/5//8" Page 14 of 27 Memorandum of Understanding Among the Southern California Association of Governments,the Los Angeles County Metropolitan Transportation Authority, and Los Angeles County Transit Operators CITY OF CULVER CITY, CALIFORNIA Dated: 'i4Js% By ``-- John Nachbar City Manager APPROVED AS TO CONTENT: //. _- Art A. Ida Transportation Director APPROVED AS TO FORM: AMP arol A. Schwab City Attorney Page 15 of 27 Foothill Transit By: a //' Date: 11/00( Approved as to Form: Darold D. Pi er, Attom at Law By: Date: April 26, 2018 Darold Pieper, Gene ounsel Page 16 of 27 City of Gardena's GTrans By: �...__,� Date: .3//3/20/ Ta ha Cerda, Mayor Approved as to Form: \ . p Date: IN.0>✓,de 2-c> Peter Wallin, City Attorney Page 17 of 27 La Mirada Transit By: (r�� r Date: ! — / Z - A/ Approved as to Form: Date: /7/.- -h5,7/4",----tZ" Page 18 of 27 Los Angeles Department of Transportation (LADOT) (4By: f-t-ttlrti� r Date: 3 I I Approved as to Form: rI, Date: 2 ,L7 —2 4 MiCj 5 /1146e,t bviity tisly 11,1forruv iL ate,Lt of- t (4 grey clr1 p( Lot Anrde.A-ES' Page 19 of 27 Long Beach Transit By: ArirAir Date: 03 , � •/ 2 Z)eigitex z70/14/.c-e,'1 4'e2 7. b--xt°C.. 7/E-L 2C.t Approved as to Form: Date: 3/ 2.-/i S � t VV-e- ,f C . w 41 o t'k <-1 Page 20 of 27 Montebello Bus Lines By: Date: J Z� [ I? c-1.% &Act v� a Approved as to Form: 4:A4 Date: 4 / ti Page 21 of 27 City of Norwalk Norwalk Transportation Department • f By: ,40date: 3!r -fr SP/15 ti Jea = M. Gomez City anager Approved as to Form: 11), Date) 1)C.641(i Roxanne Diaz City Attorney Attest: Theresa-levoy, City Clerk Page 22 of 27 City of Santa ClaritalSanta Clarita Transit By: Date: "3 30C t Tt Approved as to Form: Date: 377-ern Page 23 of 27 City of Santa Monica's Big Blue Bus c By. y ,{ � (; _ _ Date: Ri k Cole, City Manager _ Approved as to Form: -- - _ - Date: Lane Dilg, City Attorney Attest: 4 . lb, /8 ki,411 :44 �_ �7�.tx.-t�?1�n � Date:t��?-��a.� r` Denise Anderson-Warren, City Clerk Page 24 of 27 City of Torrance, a Municipal Corporation By: 1-1.,-/ Date: /24/( V Kim ur er, Director Torrance Transit System APPROVED AS TO FORM: PATRICK Q. SULLIVAN City Attorney Xi .__,elet By: / Date: Page 25 of 27 Access Services, Incorporated By: Date: y/'i/P A-et cbr<., G o 1 a tic--e L=x e.c w 4-\v c j re Approved as to Form: Date: 00 Vine . Ew , �� R. fr- C_.4)tit S e ( Page 26 of 27 EXHIBIT A Los Angeles County Transit Operators Executive Director Community Services Director Antelope Valley Transit Authority La Mirada Transit 42210 6th Street West 13700 La Mirada BI. Lancaster, CA 93534 La Mirada, CA 90638 Assistant City Manager General Manager; Chief of Transit Programs Arcadia Transit LADOT PO Box 60021 100 S. Main St.,10th Floor Arcadia, CA 91066 Los Angeles, CA 90012 Transit Manager President and CEO Beach Cities Transit Long Beach Transit 415 Diamond St. 1963 E. Anaheim St. Redondo Beach, CA 90277 Long Beach, CA 90813 Director of Community Services Director of Transportation Claremont Dial-A-Ride Montebello Bus Lines 207 Harvard Ave. 400 S. Taylor Ave. Claremont, CA 91711 Montebello, CA 90640 Director of Transportation Director of Transportation Commerce Municipal Bus Lines Norwalk Transit Systems 5555 Jillson St. 12650 E. Imperial Hwy. Commerce, CA 90040 Norwalk, CA 90650 Transportation Director City Manager Culver City Bus Santa Clarita Transit 4343 Duquesne Av. 28250 Constellation Rd Culver City, CA 90232 Santa Clarita, CA 91355 Executive Director Director of Transit Services Foothill Transit City of Santa Monica's Big Blue Bus 100 South Vincent Ave. 1660 Seventh Street Suite 200 Santa Monica, CA 90401 West Covina, CA 91790 Director of Transportation Transit Director City of Gardena's GTrans Torrance Transit 13999 S. Western Ave. 20500 Madrona Ave. Gardena, CA 90249 Torrance, CA 90503 Executive Director Access Services Incorporated 3449 Santa Anita Ave., 2nd Floor El Monte, CA 91731 Page 27 of 27 two -mil ;err Memorandum of Understanding Among the Southern California Association of Governments, the Los Angeles County Metropolitan Transportation Authority, and Los Angeles County Transit Operators RECITALS WHEREAS, the Southern California Association of Governments (SCAG) is a joint powers agency formed pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (section 6500 et seq.) and is the Metropolitan Planning Organization (MPO) recognized under 23 U.S.C. 134; WHEREAS, SCAG is required pursuant to federal and state law to prepare, adopt and submit a Regional Transportation Plan (RTP); WHEREAS, SCAG pursuant to state and federal law is required to prepare, adopt and submit a multi -year Regional Transportation Improvement Program (RTIP); WHEREAS, SCAG is required pursuant to state and federal law to coordinate its planning activities with stakeholders, including County Transportation Commissions (CTCs) and is specifically required pursuant to 23 Code of Federal Regulation 450.310(b) to enter into agreements with operators of publicly owned transit services to specify cooperative procedures for carrying out transportation planning (including corridor and sub area studies) and programming; WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) is a County Transportation Commission created pursuant to Public Utilities Code section 130050 and is charged pursuant thereto for approval of all projects in Los Angeles County utilizing federal and state highway and transit funds and is responsible for transportation programming and long and short range planning in Los Angeles County; WHEREAS, Metro is the Regional Transportation Planning Agency (RTPA) for Los Angeles County, the state counterpart to the federal MPO designation; WHEREAS, Metro is the regional transit operator for Los Angeles County, created pursuant to Public Utilities Code section 130050; and the undersigned transit operators and the undersigned paratransit operator (collectively, 'Transit Operators ") provide transit service within Los Angeles County; and WHEREAS, SCAG, Metro, and Transit Operators desire to utilize this Memorandum of Understanding (MOU) to specify cooperative procedures for carrying out transportation planning and programming as required by 23 CFR 450.310(b) and any successors thereto. 0 NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS PROVIDED FOR THEREIN, SCAG, METRO, AND TRANSIT OPERATORS HEREBY AGREE AS FOLLOWS: Section I PLANNING AND COORDINATION PROCESS 1.1 SCAG's Role: SCAG is the agency with the overall responsibility for continuous, comprehensive and coordinated regional transportation planning in the six county SCAG region. In accordance with applicable federal and state law these responsibilities primarily include but are not limited to preparation and adoption of the RTP and RTIP. 1.2. Metro's County Transportation Commission Role: Metro is responsible for continuous, comprehensive and coordinated transportation planning and project implementation within Los Angeles County. These responsibilities include but are not limited to the development and adoption of the Long Range Transportation Plan (LRTP) and County Transportation Improvement Program (TIP) for Los Angeles County, development of corridor and sub - regional studies, and for allocating transit funds to Los Angeles County transit operators. Metro will coordinate with Transit Operators in meeting its countywide transportation planning responsibilities. Metro is also responsible for ensuring that the transit projects, plans and programs identified in Metro's LRTP and County TIPs for Los Angeles County are recommended to SCAG for inclusion in the RTP, RTIP, and regional transportation studies. 1.3. Transit Operators' Role: Transit Operators are responsible for coordinating with Metro regarding their capital and operating needs and submittal of projects for inclusion into the TIP and LRTP for Los Angeles County. 1.4 Certification and Assurances: Each party shall comply with the following requirements in carrying out their respective responsibilities under this MOU: (1) Title VI of the Civil Rights Act of 1964, as amended, 49 U.S.C. 5332, 42 U.S.C. 2000d, and the United States Department of Transportation (U.S. DOT) implementing regulations, 49 C.F.R. Part 21, and related federal guidelines including but not limited to Federal Transit Administration (FTA) Circular 4702.1 and any successors thereto; and (2) The Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., U.S. DOT implementing regulations, 49 C.F.R. parts 27, 37, and 38, and any successors thereto. 2 1.5 Coordination Process: SCAG shall engage in a consultative process with Metro and Transit Operators in the regional transportation planning process to ensure that Los Angeles County transportation needs are considered, consistent with applicable law and regulations. a. SCAG will provide timely notice of the opportunity to comment on its Draft RTP and Draft RTIP to the parties and the opportunity to participate in Overall Work Program development. b. SCAG shall continue maintaining the Regional Transit Task Force or a successor group, to provide a forum for Metro, other CTCs, and Transit Operators, to participate in the regional planning process. C. Metro agrees to participate in SCAG's Plans and Programs Technical Advisory Committee or any successor group established to serve the same function which shall also serve as a forum to ensure that local transportation projects, plans and programs are effectively integrated into the RTP and RTIP updates. d. The Executive Officers of SCAG and the CTCs shall continue to meet regularly to ensure executive coordination of regional/county/local transportation issues, including issues regarding transit coordination. e. Metro and Transit Operators, with the exception of Access Services Inc., will participate in the Bus Operations Subcommittee of the Metro Technical Advisory Committee or any successor group as a forum for ensuring that Transit Operators' plans, programs, studies, and other issues are integrated into the county and regional transportation planning process. f. Access Services Incorporated (ASI), the Consolidated Transportation Services Agency for Los Angeles County and the administrator of the Los Angeles County Coordinated Paratransit Plan, will participate in the Local Transit Service Subcommittee of the Metro Technical Advisory Committee or any successor group as a forum for ensuring that Transit Operators' plans, programs, studies, and other issues are integrated into the county and regional transportation planning process. g. Metro and Transit Operator general managers will participate in the General Manager's Group or any successor group as a forum for executive coordination, ensuring that Transit Operators' plans, programs, studies, and other issues are integrated into the county and regional transportation planning process. h. Metro will provide Transit Operators the opportunity to include projects in the TIP and LRTP for Los Angeles County. Projects and programs adopted by the Metro Board in the Los Angeles County TIP and LRTP shall be submitted to SCAG and recommended for inclusion in the RTIP and RTP, respectively. 3 Section 2 General Provisions 2.1 Term of Agreement: This Agreement shall be effective as to each party on the date such party executes this Agreement, and continues in full force until such party withdraws from this Agreement pursuant to Section 2.5 below or this Agreement is terminated by SCAG upon thirty (30) days prior written notice. 2.2 Drafting: This MOU has been prepared by all parties and has been reviewed and endorsed by each. 2.3 Amendments: This MOU may be amended only by the execution by all parties of a written amendment. 2.4 Indemnity: Each of the parties to this MOU is a public entity. Pursuant to Government Code Section 895.4, each party shall indemnify, defend and hold each of the other parties, and their respective officers, agents and employees harmless from and against any liability and expenses, including 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 property, any legal fees and any claims for damages attributable only to performance of the responsibilities as set forth in Section 1 (Planning and Coordination Process) of this MOU by the indemnifying party (Indemnitor) or its officers, agents employees, contractors and subcontractors under this MOU, except to the extent caused by the negligence or willful misconduct of an indemnified party (Indemnitee). 2.5 Withdrawal: Any party may withdraw from this MOU upon ninety (90) days written notice to each party, providing that the notice of withdrawal set forth the effective date of withdrawal and the reason for withdrawal. Additionally, the notice of withdrawal shall provide that the parties during the period prior to the effective date of withdrawal shall meet to try to resolve any dispute. In the event that the withdrawal is for cause, the withdrawal shall not be effective if the party cures the default in its performance within the ninety day period. SCAG shall notify FTA of the withdrawal from this MOU of any party. 2.6 Jurisdiction and Venue: This MOU shall be deemed an Agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. All parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be in Los Angeles County, California. 2 2.7 Non - assignment: No party may assign this MOU, or any part thereof, without the written consent of each party to this MOU. 2.8 Notice: Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested,.to the following addresses: Executive Director Southern California Association of Governments 818 West 7t' 12"' Floor Los Angeles, California 90017 -3435 Chief Executive Officer Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, California 90012 -2952 Los Angeles County Transit Operators (Exhibit A) 2. 9 Order of Precedence: In the event of a conflict between and among this MOU and Exhibit A, the order of precedence shall be: Amendments to the MOU MOU Exhibit A 2.10 Counterparts: This MOU may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. 5 0 IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives on the dates set forth below. The Southern California Association Governments By: Date: ark Pisano Executive Director Approved as to Form: i Africa Director of Legal Services 9 Date: 3ttszol _ Arcadia Transit By: William R. Kelly City Manager Approved as to form: Ate4 P. bed Stephen P. Deitsch City Attorney Date: 0 4a,01( Date: q 3 L07 0 EXHIBIT A Los Angeles County Transit Operators Executive Director Antelope Valley Transit Authority 422106 Street West Lancaster, CA 93534 Assistant City Manager Arcadia Transit PO Box 60021 Arcadia, CA 91066 Transit Manager Beach Cities Transit 415 Diamond St. Redondo Beach, CA 90277 Director of Community Services Claremont Dial -A -Ride 207 Harvard Ave. Claremont, CA 91711 Director Commerce Bus Lines 2535 Commerce Way Commerce, CA 90040 Transportation Director Culver City Bus 4343 Duquesne Av. Culver City, CA 90232 Executive Director Foothill Transit 100 N. Barranca Av., Suite 100 West Covina, CA 91791 Director of Transportation Gardena Municipal Bus Lines 15350 S. Van Ness Ave. Gardena, CA 90249 25 Community Services Director La Mirada Transit 13700 La Mirada BI. La Mirada, CA 90638 General Manager LADOT 100 S. Main St., 10"' Floor Los Angeles, CA 90012 President and CEO Long Beach Transit PO Box 731 Long Beach, CA 90801 Director of Transportation Montebello Bus Lines 400 S. Taylor Ave. Montebello, CA 90640 Director of Transportation Norwalk Transit Systems 12650 E. Imperial Hwy. Norwalk, CA 90650 City Manager Santa Clarita Transit 28250 Constellation Rd Santa Clarita, CA 91355 City Manager City of Santa Monica 1665 Main Street Room 209 Santa Monica, California 90407 -2200 General Manager Torrance Transit 20500 Madrona Ave. Torrance, CA 90503 Executive Director Access Services Incorporated 707 Wilshire Blvd. Suite 9 AON Building Los Angeles, CA 90017