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MOU # MOU.PC09ARC1
MEMORANDUM OF UNDERSTANDING
FOR PROPOSITION C 5% TRANSIT SECURITY FUNDS
This Memorandum of Understanding ( "MOU ") is entered into as of July 1, 2008 by and between
the Los Angeles County Metropolitan Transportation Authority (LACMTA) 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. LACMTA, 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. LACMTA has entered into a contract with the County of Los Angeles for the provision
of transit security services to LACMTA, the other Eligible /Included Operators and their
respective patrons by the Los Angeles Sheriffs Department ( "LASD ") which contract is
scheduled to expire on January 31, 2009; and
F. At this time, the other Eligible /Included Operators can elect to continue to pay and
receive services from the LASD under the LACMTA 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
LACMTA 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 LACMTA
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 2009, 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 LACMTA 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 LACMTA for LASD transit
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security services; and
MOU # MOU.PC09ARC1
H. GRANTEE is an Eligible /Included Operator and desires to allocate its share of TSF as
provided in this MOU; and
I. LACMTA 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,
LACMTA and GRANTEE hereby agree as follows:
ARTICLE 1 — TERM
I.I. This MOU will be in effect from July 1, 2008 through June 30, 2009 unless terminated
earlier as provided herein.
1.2. The LACMTA 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, LACMTA 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 LACMTA staff
submitting the Annual Security Allocation to the LACMTA Board for approval.
2.2. Grantee's share of TSF pursuant to the applicable Annual Security Allocation for FY 09
as approved by the LACMTA board is six thousand two hundred and ninety four dollars
($6,294). If LACMTA staff, in coordination with the Eligible /Included Operators,
develops a mid -year reallocation of the Annual Security Allocation, which is approved by
the LACMTA board, Grantee hereby directs LACMTA to make such mid -year
adjustments to its Annual Security Allocation as approved by the LACMTA board.
2.3. To the extent GRANTEE directs that the LACMTA retain any TSF to pay for LASD
transit security services for GRANTEE, GRANTEE hereby authorizes LACMTA to take
such funds and apply such funds to LACMTA's contract with the LASD. GRANTEE and
LACMTA understand that LACMTA will not be authorized to take Grantee's TSF and
apply such funds to LACMTA's contracts with LASD and Grantee shall not receive any
transit security services from the LASD until such time the parties enter into a Service
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MOU # MOU.PC09ARC1
LOA specifying the level of service to be provided to GRANTEE. GRANTEE will not
need to submit an invoice for any amounts retained by LACMTA to pay LASD.
2.4. To the extent GRANTEE directs that it receive any TSF, each fiscal year, GRANTEE
shall send LACMTA one invoice for such appropriate amount consistent with the amount
shown on the applicable Annual Security Allocation. LACMTA 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. LACMTA shall make payments to Grantee on a
quarterly basis, unless otherwise agreed to by the parties.
2.5. GRANTEE agrees if it elects to allocate all or a portion of its TSF to LACMTA the
transit security services may be provided by the LASD or such new contractor hired by
LACMTA to perform transit security services. If the contract with LASD is not renewed
or extended and a new contractor is not hired to perform transit security services for
LACMTA, GRANTEE may re- evaluate GRANTEE's directions regarding the allocation
of TSF and amend it accordingly.
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. LACMTA 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
LACMTA 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. LACMTA 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. LACMTA may audit as provided herein up to three years after
the end of the fiscal year within which the TSF was dispersed.
MOU # MOU.PC09ARC1
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
LACMTA 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
Eligible /Included Municipal Operators who direct all TSF to the LACMTA for the
LASD, the Security Plan stating such may be filed once with the LACMTA 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 LACMTA. GRANTEE shall not
represent itself as a contractor, agent or employee of the LACMTA and shall have no
power to bind the LACMTA in contract or otherwise.
5.4. To the extent GRANTEE receives the TSF, GRANTEE understands and agrees that in
programming the TSF, LACMTA is acting pursuant to its statutory authority and
LACMTA shall have no liability in connection with the use of such TSF. GRANTEE
agrees to indemnify LACMTA 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 Prop C 5% Security Funds
and entering into this MOU, LACMTA is acting pursuant to its statutory authority and
shall have no liability in connection with the use of Prop C 5% Security Funds for public
transit purposes. GRANTEE shall fully indemnify, defend and hold the LACMTA, 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 Prop C 5% Security Funds by GRANTEE or its officers, agents,
employees, contractors or subcontractors; (iii) any act or omission of the GRANTEE or
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MOU # MOU.PC09ARC1
its officers, agents, employees, contractors or subcontractors in the performance and/or
provision of the services provided under this MOU.
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:
Name: Donald Penman
Title: City Manager
Date: November 61 2008
ATTEST:
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By. � WA
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Date:
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
City of Arcadia
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By: e- n: n 4—�
Roger Snoble
Chief Executive Officer
Date: %Z— ?mil -08'
APPROVED AS TO FORM:
Raymond G. Fortner, Jr.
COUNTY COUNSEL
Dat