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MOU# MOU.PCI3ARC2
MEMORANDUM OF UNDERSTANDING TO ALLOCATE PROPOSITION C 40%
DISCRETIONARY FUNDS
This Memorandum of Understanding ( "MOU ") is entered into as of June 30, 2012, by and between
the Los Angeles County Metropolitan Transportation Authority ( "LACMTA ") 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 LACMTA, is the agency responsible for administering the tax; and
WHEREAS, from time to time, the LACMTA Board has identified, Proposition C 40%
Discretionary Funds (the "FUNDS ") as the funding source for the following programs: Proposition
C Interest Funds ( "PCI "), Transit Service Expansion ( "TSE "), Foothill Mitigation ( "FMIT "),
Recession Mitigation (" RM "), Fair Share Allocation ( "SHARE "), Bus System Improvement Plan
( "BSIP ") and Base Restructuring ( "BASE ").
WHEREAS, the GRANTEE is an eligible operator and desires to receive the FUNDS from
LACMTA for the following programs (please check as applicable) (referred to, individually as a
"Program" and collectively, as "Programs. "):
X Prop C. Interest Funds X Foothill Mitigation
Transit Service Expansion Base Restructuring
X Bus System Improvement Plan
WHEREAS, LACMTA and GRANTEE desire to agree to the terms and conditions of the grant of
FUNDS for the GRANTEE's Programs ( "MOU ").
NOW THEREFORE, in consideration of the mutual term and conditions contained herein,
LACMTA and GRANTEE hereby agree as follows:
ARTICLE 1 - TERM
1.1. This MOU will be in effect from July 1, 2012 through June 30, 2022 unless terminated
earlier as provided herein.
ARTICLE 2 — ALLOCATION OF PROPOSITION C DISCRETIONARY FUNDS AND
INVOICE PROCEDURE
2.1. Each fiscal year, to the extent the FUNDS are available, LACMTA staff, in coordination with
the Eligible /Included Operators, will develop funding marks for those Programs to be funded
that fiscal year (the" Annual Funding Marks "). The Annual Funding Marks will describe
GRANTEE's share of the FUNDS for GRANTEE's Programs to the extent such Programs are
funded that fiscal year. GRANTEE shall have the opportunity to review and comment on the
applicable Annual Funding Marks prior to LACMTA staff submitting the Annual Funding
Marks to the LACMTA Board for approval.
2.2. For each fiscal year covered by this MOU, GRANTEE hereby directs LACMTA to allocate
GRANTEE's share of the FUNDS pursuant to the applicable Annual Funding Marks for that
fiscal year as approved by the LACMTA Board. Attached as Exhibit A are the applicable
Annual Funding Marks for GRANTEE's Projects in FY 2013. If LACMTA staff, in
coordination with the Eligible /Included Operators, develops a mid -year reallocation of any
Annual Funding Marks that is approved by the LACMTA Board, GRANTEE hereby directs
and authorizes LACMTA to make such mid -year adjustments to its Annual Funding Marks,
as approved by the LACMTA Board, if applicable.
2.3. Each fiscal year, GRANTEE shall send LACMTA one invoice for each GRANTEE Program
in an amount consistent with the amount shown on the applicable Annual Funding Marks.
LACMTA shall not be obligated to forward the FUNDS for a particular Program to
GRANTEE until it receives an invoice. For each Program, LACMTA shall make payments to
GRANTEE on a quarterly basis, unless otherwise agreed to in writing by the parties.
ARTICLE 3 - USE OF FUNDS
3.1. GRANTEE shall utilize the FUNDS (i) in accordance with the LACMTA Proposition C 40%
Discretionary Guidelines (the "GUIDELINES ") (as adopted by LACMTA in May 1992, (ii)
only for operating assistance of the applicable Program transit services in the year of
allocation for which GRANTEE has received FUNDS, and cannot be carried over to the next
fiscal year and (iii) in accordance with LACMTA Board action in approving the FUNDS to
GRANTEE.
3.2. GRANTEE shall not use any FUNDS received for a particular Program to substitute for any
other funds, service, or project except as otherwise specifically provided for in this MOU.
3.3. GRANTEE shall utilize the BSIP FUNDS for services that will relieve overcrowding for the
most transit dependent customers and results in improving service quality for the transit
dependent.
3.4. GRANTEE shall not use any FUNDS received for the SHARE or RM Program to substitute
for other funds; provided, however, GRANTEE may use the FUNDS received for the
SHARE or RM Program to substitute for the following funds only: (I) Formula Allocation
Procedure funds; (ii) Proposition A Discretionary funds; (iii) if GRANTEE has incurred
debts or is planning to incur debts to balance its operating and capital budgets for the same
fiscal year in which the FUNDS were programmed (the "Same Fiscal Year "), GRANTEE
may use the FUNDS received for the SHARE or RM Program in lieu of such borrowings;
and/or (iv) Proposition A & C Local Return funds budgeted for the Same Fiscal Year which
were originally programmed as operating revenues and which have been reprogrammed for
capital purposes; provided, however, the total amount of FUNDS received for the SHARE or
RM Program budgeted in the Same Fiscal Year as operating revenues does not decrease as a
result of such reprogramming and the Maintenance of Effort continues to be met.
3.5. Any unspent FUNDS received for a particular Program must be returned to LACMTA no
later than 60 days after the completion of any required fiscal and compliance audits of such
program performed either by the LACMTA or GRANTEE, unless otherwise agreed to in
writing by the parties.
ARTICLE 4 — AUDIT AND REPORTING REQUIREMENTS
4.1. Each fiscal year, LACMTA or its designee shall have the right to conduct a financial and
compliance audit(s) of GRANTEE's Programs. 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 FUNDS were dispersed. LACMTA
may audit as provided herein up to three years after the end of the fiscal year within which
the FUNDS were dispersed.
4.2. GRANTEE shall comply with all Federal National Transit Database reporting requirements
and shall annually submit a completed copy of said report to LACMTA.
4.3. By November 30th of each year, the GRANTEE shall submit to the LACMTA a completed
TPM form which separately reports prior fiscal year data pertaining to all non formula
4.4. By December 30th of each year, the GRANTEE shall submit to the LACMTA an annual
financial audit report which identifies the use of the FUNDS for transit purposes.
ARTICLE 5 - MISCELLANEOUS
5.1. Each grant given pursuant to an Annual Funding Mark shall be a one -time grant subject to
the terms and conditions agreed to herein and in the GUIDELINES. Notwithstanding the
term of this MOU, each grant does not imply nor obligate any future funding commitment on
the part of the LACMTA.
5.2. GRANTEE understands and agrees that in programming the 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 these FUNDS for public transit purposes or for any of the
Programs. GRANTEE shall fully indemnify, defend and hold the LACMTA, its directors,
officers, employees 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 the GRANTEE'S Programs.
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 GRANTEE's
Programs.
5.4. The LACMTA 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 withholding of FUNDS, termination of the MOU, or imposition of any financial penalty
against GRANTEE pursuant to the GUIDELINES is subject to nine (9) affirmative votes by
the governing board of the LACMTA.
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.
5.7. 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.
5.8. This MOU 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.
4
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
y ,
Dominic Lazzaretto
City Manager
Date: Dm� too , 2D12-
Approved As To Form:
By: P.
Name: Stephen P. Deitsch
Title:
City Attorney
Date: a 41 #",L-
ATTEST:
By:
Date:
5
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
A HORITY
Y
'Arthur T. e
Chief Executive Officer
Date: Z �
APPROVED AS TO FORM:
JOHN F. KRATTLI
Col
Dat
Exhibit A
Los Angeles County Metropolitan Transportation Authority
Proposition C 40% Discretionary Programs
FISCAL YEAR 2013
Foothill
Transit
Mitigation
Transit
Service
Expansion
Discretionary Base Restruct.
BSIP
Overcrowding
Relief
TOTAL
INCLUDED OPERATORS
$ 6,565,894
$ -
$ -
$ 10,490,349
Metro Bus Ops.
Arcadia
6,668
-
-
19,795
26,463
Claremont
4,872
-
-
-
4,872
Commerce
6,390
-
226,551
-
232,941
Culver City
119,554
218,371
-
152,599
490,523
Foothill
-
302,245
1,813,737
844,426
2,960,407
Gardena
121,764
627,678
-
159,300
908,742
La Mirada
2,945
-
-
-
2,945
Long Beach
534,095
2,072,270
-
747,998
3,354,363
Montebello
192,782
-
1,034,618
197,448
1,424,849
Norwalk
76,081
-
-
51,087
127,168
Redondo Beach DR
787
-
-
3,627
4,413
Redondo Beach MB
16,073
-
-
-
16,073
Santa Monica
470,325
-
-
723,691
1,194,016
Torrance
149,381
734,943
658,328
218,505
1,761,157
Subtotal Included
1,701,718
3,955,506
3,733,234
3,118,476
12,508,933
ELIGIBLE OPERATORS
23,469
342,237
-
43,437
_
409,142
Antelope Valley
Santa Clarita
25,858
179,000
-
46,463
251,320
LADOT Local
165,964
-
-
-
165,964
LADOT Express
86,665
2,458,717
-
136,191
2,681,573
Foothill BSCP
-
-
_
-
_
Subtotal Eligible
301,955
2,979,953
-
226,091
3,507,999
City of Lynwood Trolley
195,900
-
-
195,900
Total Municipal Operator
2,003,673
7,131,359
3,733,234
3,344,566
16,212,833
TOTAL
$ 8,569,567
$ 7,131,359
$ 3,733,234
$ 13,834,916
33,269,077
Los Angeles County One Gateway Plaza 213.922.2000 Tel
Metropolitan Transportation Authority Los Angeles, CA 90012 -2952 metromet
Metro
FINANCE BUDGET AND AUDIT COMMITTEE
June 20, 2012
SUBJECT: FISCAL YEAR 2013 TRANSIT FUND ALLOCATIONS
ACTION: APPROVE FISCAL YEAR 2013 TRANSIT FUND ALLOCATIONS
AND RELATED ACTIONS
RECOMMENDATIONS
A. Approve $1.519 billion in FY2013 Transit Fund Allocations for Los Angeles
County jurisdictions, transit operators and Metro operations as shown in
Attachments A through D and are further described in Attachment E. These
allocations comply with federal and state regulations and MTA Board policies and
guidelines.
1. $59.9 million in Planning and Administrative allocations of Transportation
Development Act, Proposition A, Proposition C and Measure R as shown
in Attachment A, Line 37.
2. $1.055 billion in Bus Transit Subsidies as shown in Attachment B.
3. $12.2 million in Proposition A Incentive Programs as shown in Attachment
C.
4. $391.1 million in Proposition A Local Return, Proposition C Local Return,
Measure R Local Return, Transportation Development Act Article 3
(Pedestrian and Bikeways) and Transportation Development Act Article 8
(Street and Highways) as shown in Attachment D.
B. Authorize the Chief Executive Officer to adjust FY2013 Federal Section 5307
allocations upon receipt of final apportionment from the Federal Transit Authority
and amend FY2013 budget as necessary to reflect the aforementioned
adjustment.
C. Approve fund exchange in the amount of $9.5M of Santa Monica's Blue Bus'
FY2013 Federal Section 5307 formula share allocation with Metro's TDA Article 4
revenues, to be adjusted upon receipt of final apportionment and will be disbursed
in FY2014.
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