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HomeMy WebLinkAboutC-4132 C9I z Golden Streets Working Group MOU �'�+ f 0 A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITIES OF ARCADIA,AZUSA, DUARTE, IRWINDALE, MONROVIA,SAN MARINO, AND SOUTH PASADENA AND COUNTY OF LOS ANGELES TO SHARE RESOURCES TO PLAN AND HOST THE GOLDEN STREETS FESTIVAL THROUGH THE CREATION OF A"GOLDEN STREETS WORKING GROUP" WHEREAS, on June 26, 2014, the Los Angeles County Metropolitan Transportation Authority(LACMTA) Board approved the 2014 Open Streets Grant Program providing Congestion Mitigation Air Quality ("CMAQ") Funds for one-day events that close the street to automotive traffic and open them to people to walk or bike ("Open Street Event"). Further,the LACMTA Board approved that LACMTA serve as the pass through agency of the CMAQ Funds with local cities; and WHEREAS, the City of South Pasadena (Grantee) and Bike San Gabriel Valley (BikeSGV) were successful in securing$393,600 in CMAQ funds from the LACMTA county-wide "Open Streets Event" program to host the Golden Streets Festival a 19.12 mile contiguous open streets event, on Sunday, March 5, 2017 from South Pasadena to Azusa (the Golden Streets Festival) for outreach, pre-event planning, and day of event staging costs; and WHEREAS,the cities of Arcadia, Azusa, Duarte, Irwindale, Monrovia, San Marino, South Pasadena, and the County of Los Angeles (Cities or Partner Cities) by entering into this agreement have partnered together to host the Golden Streets Festival; and WHEREAS,the Golden Streets Festival,which qualifies as an "Open Street Event," for the use of the LACMTA pass though of CMAQ funds, will promote active transportation and complete street concepts in conjunction with the grand opening of the Gold Line Foothill Extension in Spring 2016; and WHEREAS,the LACMTA"Open Streets Event" program requires a 20%in-kind or local fund match of the total cost of the event; and WHEREAS, not more frequently than once a month,the Grantee will prepare and submit to LACMTA a Request for Reimbursement for allowable costs incurred by the Partner Cities; and WHEREAS, the State Legislature approved Assembly Bill 2766 in September 1990 providing the South Coast Air Quality Management District (SCAQMD) within the Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects; and WHEREAS, MSRC will match Subvention Funds (AB 2766 Motor Vehicle Subvention Program) and additional funding sources dollar for dollar in an amount not to exceed $320,000; and 1 Golden Streets Working Group MOU WHEREAS, MSRC match funds will be distributed on a reimbursement basis to the Partner Cities upon completion of the Golden Streets Festival and submittal of all required reports and invoices to the Grantee; and WHEREAS,the Cities desire to work jointly and collaboratively to share monetary, staffing, and other resources in planning and hosting the Golden Streets Festival, and desire to formalize their relationship through the creation of a "Golden Streets Working Group" or "Working Group"to coordinate their activities; and WHEREAS, nothing in this MOU creates a Joint Powers Agreement or Joint Powers Agency within the meaning of California Government Code §§6500. NOW,THEREFORE,the Cities hereto agree as follows: 1. CREATION OF THE "GOLDEN STREETS WORKING GROUP" -There is hereby created a "Golden Streets Working Group" established for the purpose of combining resources (financial,staffing and other in-kind) in order to plan and host the Golden Streets Festival. The Working Group shall be composed of the City Manager, or designee, from the Grantee and each Partner City. 2. MANAGEMENT OF OPERATIONS-The Golden Streets Working Group (Working Group) shall be authorized to consider and direct, by majority vote of the entire Working Group, the use of resources that are available to the Working Group consistent with the functions and purposes of the planning and hosting of the Golden Streets Festival and the requirements of the funding sources. 3. VOTING- Each member of the Working Group shall have one (1) vote on matters within the Working Group's subject matter jurisdiction. 4. FIDUCIARY AGENT-The City of South Pasadena shall act as the "Fiduciary Agent" of the Working Group. The Fiduciary Agent will coordinate the reporting and reimbursements requirements associated with the grants on behalf of the Working Group. Subject to direction of the Working Group,the Fiduciary Agent shall pay expenses of the Working Group and expenses incurred by the Partner Cities and shall report regularly to the Working Group the funding and reimbursement status of the Golden Streets Festival.The Fiduciary Agent shall retain 5%of each of the Golden Streets Festival grant funds for these administrative services. 5. CONTRIBUTIONS- Each Partner City shall contribute to the 20% in-kind match for the funds received through the CMAQ grant funds. Contributions shall be determined based on the length of the route and the number of street closures in each Partner City as shown in Exhibit A. 6. STREET CLOSURES- Each Partner City shall be responsible for street closures,vehicular detour plans, outreach, event staging, and public safety within its own jurisdiction. 2 Golden Streets Working Group MOU 7. AVAILABLE FUNDING a. LACMTA/FEDERAL GRANT- LACMTA will advance local funds up to$393,600, to the Grantee for the Golden Streets Festival and then submit requests, based on Grantee's invoices to Caltrans for reimbursement to LACTMA with CMAQ Funds. i. The LACTMA funding is subject to the federal grant agreement between the California Department of Transportation and LACTMA(Federal Grant). The Grantee shall be subject to, and shall comply with, all requirements of the Federal Grant and other applicable requirements of the United States Department of Transportation (USDOT), the United States Department of Labor (USDOL), and Caltrans. In addition, the Grantee shall comply with all requirements of LACMTA so that LACMTA can fulfill its responsibilities as the Grantee under the Federal Grant and as the pass-through agency. ii. The Partner Cities shall utilize the local grant funds for direct costs associated with the Golden Streets Festival such as: marketing materials, traffic enforcement rentals, planning staff, insurance, and permits implementing the Golden Streets Festival. Per the funding guidelines, physical infrastructure costs associated with the Golden Streets Festival are not eligible for reimbursement. 8. REIMBURSEMENT a. AMOUNT-The available funding from the CMAQ grant funds to each city will be determined based on the length of the route and the number of street closures in each Partner City as shown in Exhibit A, after the shared expenditures and the 5% administrative fee has been provided to the Fiduciary Agent for its costs associated with the administration of the CMAQ grant funds. b. PROCESS - Partner Cities shall make a Request for Reimbursement from the CMAQ grant funds to the Grantee. Each Request for Reimbursement must be submitted on Grantee's letterhead and shall include an invoice number and report the total expenditures, specify the percent and amount of CMAQ Funds to be reimbursed,the total amount of Local Match expended and include a detailed invoice describing all invoiced work completed along with appropriate detailed documentation supporting costs incurred. To ensure timely processing of invoices, each Request for Reimbursement shall not include any invoices which are older than three (3) months from the date of the Request for Reimbursement 9. CONSULTANT WORK-The Working Group may enlist the work of independent contractors, consultants, vendors, and other professionals to assist in the planning and operations of the Golden Streets Festival. Such consultant(s) shall not be employees of the Working Group nor of any Partner City but shall be engaged by the Fiduciary Agent on behalf of the Working Group. The consultant(s) shall provide indemnification, hold harmless and 3 Golden Streets Working Group MOU additional insured coverage in the manner and amounts as set forth by the Working Group naming each respective Partner City as an additional insured. 10.ALLOCATION OF FUNDS—The Working Group will authorize the Fiduciary Agent to enter into contracts for the planning, implementation, and hosting of the Golden Streets Festival. Any remaining CMAQ funds that have not been expended on behalf of the Working Group for shared resources or purchases may be allocated to individual Partner Cities in a proportionate share based on length of the route and the number of street closures within their respected jurisdictions as set forth in Exhibit A, for reimbursement of any additional costs associated with the Golden Streets Festival. Any remaining unspent CMAQ funds will be retained by LACTMA.Any remaining unspent MSRC funds will be retained by SCAQMD. 11. INDEMNIFICATION - In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement(as defined in Section 895 of said Code), each Partner City, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose,the each Partner City shall indemnify, defend, and hold each other Partner City harmless for any liability, cost, or expense that may be imposed upon the other Partner Cities solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. 12. DISSOLUTION - Upon completion of the purposes of this MOU, oras determined by the Partner Cities, at any time, this MOU shall be terminated and the Working Group dissolved. Notwithstanding the termination of this MOU and the dissolution of the Working Group, all of the rights and obligations of the respective parties under Section 11 hereof (Indemnification), shall survive expiration or termination (for any reason) and remain in full force and effect. 13. NOTICE TO PARTIES (AUTHORIZED REPRESENTATIVES)- Notices given pursuant to the requirements of this MOU shall be by personal service upon the Partner City to be notified by writing upon such notice being deposited into the custody of the United States Postal Service addressed as follows: • 4 Golden Streets Working Group MOU City of Arcadia City of Monrovia City Manager City Manager 240 West Huntington Drive 415 South Ivy Avenue Arcadia, CA 91066 Monrovia, CA 91016 City of Azusa City of San Marino City Manager City Manager 213 East Foothill Boulevard 2200 Huntington Drive Azusa, CA 91702 San Marino, CA 91108 City of Duarte City of South Pasadena City Manager City Manager 1600 Huntington Drive 1414 Mission Street Duarte, CA 91010 South Pasadena, CA 91030 City of Irwindale County of Los Angeles City Manager Public Works Deputy Director 5050 North Irwindale Avenue 900 S. Fremont Ave. Irwindale, CA 91706 Alhambra, CA 91803 14. AMENDMENTS -This MOU may only be amended in writing upon unanimous action by each respective Partner City's city manager. IN WITNESS WHEREOF, the Parties hereto have caused MOU to be executed by their duly authorized representatives: 5 Golden Streets Working Group MOU CITY OF ARCADIA: p- 1-tu.) 2,412011 Dominic Lazzaretto, City Manager Date 6 Golden Streets Working Group MOU CITY OF AZUSA: Z Troy • tzlaff, City M:na;er Da e 7 Golden Streets Working Group MOU CITY OF DUARTE: Darrell George, City Manager Date 8 Golden Streets Working Group MOU CITY OF IRWINDALE: 1 _ •hn Davidso , Ci y Manager Date 9 Golden Streets Working Group MOU 1": C.- CITY OF MONROVIA: -e— Vto t Oliver Chi, City Manager Date 10 Golden Streets Working Group MOU // r CITY OF SAN MARINO: '►/ r I --C( Cind V illins, City Manager Date 11 Golden Streets Working Group MOU CITY OF SOUTH PASADENA: 7 Sergio Gonzalez, City Manager Date 12 Golden Streets Working Group MOU � oi,,,,,,,,-COUNTY OF LOS ANGELES: a�, �/ ( � Pat Proano, Deputy Director Da e 13 O m * a otoL0000, 00o• 00 L OC l0 4 (: I� 0l et 00 rl N G — C LID Ln .f-1 ONri O N l00 O M ..-1O1 O C c M l0 01 ,-Z 00' N a-- s. lD N Ln rr••• l CrCt L(1 ct m Ur H LL tn. 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