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HomeMy WebLinkAboutC-2741c 41 %4 \\o (J - 4 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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