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HomeMy WebLinkAboutC-1890MOUTC03ARC 1 MEMORANDUM OF UNDERSTANDING FOR PROPOSITION C 5% TRANSIT SECURITY FUNDS This Memorandum of Understanding ( "MOU ") is entered into as of June 30, 2002 by, and between the Los Angeles County Metropolitan Transportation Authority (MTA) 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. MTA, 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. MTA has entered into a contract with the City of Los Angeles for the provision of transit security services to MTA, the other Eligible /Included Operators and their respective patrons by the Los Angeles Police Department ( "LAPD "); and F. MTA has entered into a contract with the County of Los Angeles for the provision of transit security services to MTA, the other Eligible /Included Operators and their respective patrons by the Los Angeles Sheriffs Department ( "LASD "); and G. At this time, the other Eligible /Included Operators can elect to continue to pay and receive services from the LAPD and/or LASD under the MTA 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 MTA for LAPD /LASD transit security services as specified in the Service LOA, as defined in Recital H below; (2) allocate a portion of their share of TSF to the MTA for LAPD /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 Service 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 Service Plan; and H. Commencing with FY 2000, to the extent LAPD and LASD will provide transit security service to any Eligible /Included Operator, such service will not begin and no payments M security services; and MOUTC04ARC 1 H. GRANTEE is an Eligible/Included Operator and desires to allocate its share of TSF as provided in this MOU; and I. MTA 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, MTA and GRANTEE hereby agree as follows: ARTICLE 1 — TERM I.I. This MOU will be in effect from July 1, 2003 through June 30, 2006 unless terminated earlier as provided herein. 1.2. The MTA 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. ARTICLE 2- ALLOCATION OF TSF FUNDS AND INVOICE PROCEDURE 2.1. Each fiscal year, to the extent TSF is available, MTA 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 MTA staff submitting the Annual Security Allocation to the MTA Board for approval. 2.2. For each fiscal year covered by this MOU, GRANTEE hereby directs MTA to allocate GRANTEE's share of TSF pursuant to the applicable Annual Security Allocation for that fiscal year as approved by the MTA board. Attached as Exhibit A is the Annual Security Allocation for FY 2004. If MTA staff, in coordination with the Eligible /Included Operators, develops a mid -year reallocation of the Annual Security Allocation, which is approved by the MTA board, Grantee hereby directs MTA to make such mid -year adjustments to its Annual Security Allocation as approved by the MTA board. 2.3. To the extent GRANTEE directs that the MTA retain any TSF to pay for LASD transit security services for GRANTEE in Section 2.1 above, GRANTEE hereby authorizes MTA to take such funds and apply such funds to MTA's contract with the LASD. GRANTEE and MTA understand that commencing with FY 2003 - 2004 and for each subsequent fiscal year thereafter, MTA will not be authorized to take GRANTEE's TSF and apply such funds to MTA'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 MOUTC04ARC 1 LOA specifying the level of service to be provided to GRANTEE. GRANTEE will not need to submit an invoice for any amounts retained by MTA to pay LASD. 2.4. To the extent GRANTEE directs that it receive any TSF, each fiscal year, GRANTEE shall send MTA one invoice for such appropriate amount consistent with the amount shown on the applicable Annual Security Allocation. MTA 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. MTA 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. MTA 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 MTA 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. Each fiscal year, MTA 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. MTA 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 MTA 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 MTA for the LASD, the MOUTC04ARC 1 Security Plan stating such may be filed once with the MTA 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 MTA. GRANTEE shall not represent itself as a contractor, agent or employee of the MTA and shall have no power to bind the MTA in contract or otherwise. 5.4. To the extent GRANTEE receives the TSF, GRANTEE understands and agrees that in programming the TSF, MTA is acting pursuant to its statutory authority and MTA shall have no liability in connection with the use of such TSF. GRANTEE agrees to indemnify MTA for all liability arising out of GRANTEE'S performance in the provision of public transit security services paid for by TSF. M MOU.PC04ARC1 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. GRANTEE City of Arcadia er W-0 William R. Kelly City Manager Date: 00107 ATTEST: B. ' 4 ty Clerk Date: lo- za. --o3 APPROVED AS TO FORM: c Y` Stephen P. Deitsch City Attorney LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY BY: Roger Snoble Chief Executive Officer Date: APPROVED AS TO FORM: Lloyd W. Pellman County unse l By: Date: