HomeMy WebLinkAboutC-4363 CA'513
MOUPA21 ARC 1000
MEMORANDUM OF UNDERSTANDING
for
Proposition A 40%Discretionary Grant Funds
This Memorandum of Understanding(the"MOU") is entered into by and between
City of Arcadia(the"GRANTEE")and the Los Angeles County Metropolitan
Transportation Authority("LACMTA").
WHEREAS,on November 4, 1980,the voters of Los Angeles County approved by majority
Proposition A, 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, each year the LACMTA may, but it is not obligated to, include in its annual
budget process an allocation of Proposition A 40% Discretionary Funds to the GRANTEE
(the"Funds"); and
WHEREAS, the GRANTEE is an eligible operator and desires to receive the FUNDS from
LACMTA for public transit purposes; and
WHEREAS, LACMTA and GRANTEE desire to agree to the terms and conditions of the
grant of FUNDS to the GRANTEE("MOU").
NOW,THEREFORE,in consideration of the mutual terms and conditions contained herein,
LACMTA and Grantee hereby agree as follows:
ARTICLE 1. TERM
1.0 This MOU shall be in effect from July 1,2020 until June 30,2030,unless:
(a)the Proposition A Discretionary Guidelines adopted April 24, 1991 (the
Guidelines")are revised by LACMTA prior to the expiration date, in which
case this MOU shall terminate on the effective date of the revised
Guidelines; or,(b)terminated early: (i)by either party for any reason upon
six months prior written notice; or(ii)by the LACMTA upon its decision
not to include the Funds in its annual Budget.
ARTICLE 2. USE OF FUNDS-SERVICE ADJUSTMENTS AND STANDARDS
2.0 Grantee shall utilize the Funds in accordance with the LACMTA
Proposition A 40%Discretionary Fund Guidelines(the"Guidelines")
adopted,and in accordance with the LACMTA Board's action in
approving this grant of Funds. The Grantee agrees to comply with all
applicable provisions of the Guidelines,including without limitation, all
applicable service adjustments, standards,warranties and conditions
1
MOUPA21 ARC 1000
specified in Sections 1.1.through 8.4 of the Guidelines.
2.1 Grantee shall use the Funds only for operating assistance of public transit
and shall not use the Funds to substitute for any other funds, service,or
project not specified in this MOU.
2.2 Grantee agrees to continue reporting Transit Performance Measurement
(TPM)data to LACMTA as required under the TPM Guidelines adopted
pursuant to AB 103 (PUC Section 130380). The TPM data will be
evaluated as needed by LACMTA. Only the services included in the TPM
program are eligible for the Funds.
2.3 In order to receive the Funds,Grantee warrants that it will:
A. Cooperate and coordinate with other operators in the
development of an integrated county wide transportation system;
B. Make every effort to improve upon the existing span and scope
of their transit service(minimum standards are detailed in
Section 8.1 of the Guidelines);
C. Ensure that service quality improvements are implemented
whenever possible(e.g. added service to meet demand; routing
and scheduling improvements);
D. Ensure that the existing level of service is maintained and that
major service changes are subject to the adopted Service
Notification Policy;
E. Make every effort to ensure that the total number of linked
passengers(riders)is maintained or increased:
F. Certify that Grantee is not effectively precluded by any collective
bargaining agreement which is in effect on or after July 1, 1988,
from contracting existing,new or restructured services;
G. Agree to secure a local contribution as described in Section 8.3
of the Guidelines.
ARTICLE 3. PAYMENT OF FUNDS-REIMBURSEMENT TO GRANTEE
3.0 Each fiscal year, to the extent the Funds are available, LACMTA may make
to Grantee a grant of the Funds in an amount approved and authorized by the
LACMTA Board as part of the LACMTA budget for such fiscal year. The
authorized annual grant amount for each fiscal year will be specified in the
2
MOUPA21 ARC 1000
Annual Funding Marks for that fiscal year as approved by the LACMTA
Board. Attached as Exhibit A is the applicable Annual Funding Marks for
GRANTEE'S Proposition A 40% Discretionary funds for FY 2021. 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.
3.1 Requests for reimbursement to Grantee shall be made by the Grantee
annually using the Proposition A Discretionary Grant Worksheet Exhibit B.
However, the LACMTA will disburse 1/12 of the Grantee's maximum
eligible funding mark each month,provided the funds are available.
3.2 Reconciliation will occur annually in May, based upon estimated actual
expenses and revenues. All disbursements will be considered an estimate
subject to adjustment upon receipt of reporting and audit compliance
requirements (see Article 4 contained herein). The audit must be submitted
within 120 days of the close of the fiscal year.
3.3 If the audit indicates that the Grantee did not expend all the Funds received
during the fiscal year of allocation, such unexpended Funds must be returned
to LACMTA within 60 days of the completion of the financial and
compliance audit(s). Such unexpended Funds will be treated as carryover
funds and held by LACMTA on behalf of Grantee for a period of two years.
3.4 Grantee may carryover for two years, one hundred percent (100%) of its
annual funding mark minus any portion expended during the fiscal year.
The carryover funds will be calculated after the Discretionary Grant formula
fund program's fiscal year close-out, and will be based on audited expenses.
3.5 Only carryover Program formula funds can be used for capital
projects. Grantee must follow the existing LACMTA approval process when
applying program carryover funds to capital projects.
3.6 After two years, any unused carryover funds will be transferred to the
LACMTA's general Proposition A 40%Fund and will be available for
reprogramming by the LACMTA.
3.7 Under no circumstances will the amount of money transferred to the
Grantee under this MOU exceed the monthly,(1/12)funding
allocation as listed in the applicable Annual Funding Marks.
3.8 Each year,GRANTEE shall submit one(1)invoice to LACMTA requesting
the Funds. All invoices must include information documenting the cost
3
MOUPA21 ARC 1000
of the project for the upcoming fiscal year.
3.9 An invoice and the Proposition A Discretionary Grant Worksheet(Exhibit
B)must be submitted annually to the LACMTA by Grantee indicating
maximum annual allocation and estimated monthly payments.
ARTICLE 4. REPORTING AND AUDIT REQUIREMENTS
4.0 For the term of this MOU,Grantee shall comply with all Transportation
Development Act(TDA), State Transit Assistance(STA)and National
Transit Database(NTD)reporting requirements and shall annually submit a
completed copy of said reports to LACMTA. Grantee agrees to commit all
TDA, STA and NTD operating subsidies prior to committing the Funds.
4.1 If Grantee receives the Funds in lieu of STA and or TDA funds,the portion
of Proposition A Discretionary funds received in lieu of STA funds("In-
Lieu-Funds")are subject to the STA efficiency test;and if Grantee fails the
STA efficiency test, Grantee may not use the In-Lieu-Funds for transit
operating purposes. A Grantee in receipt of In-Lieu-Funds is not required to
submit a TDA Article 4 claim form,and is therefore not subject to the TDA
reporting requirements. However,Grantee must comply with the audit
requests as prescribed by LACMTA(see Article 4.3), and comply with all
other Proposition A Discretionary Guideline provisions.
4.2 By November 1st of each year,the Grantee shall submit to the LACMTA a
completed TPM form,which separately reports data pertaining to these
Funds and to the applicable fiscal year.
4.3 Each fiscal year,LACMTA or its designee shall have the right to conduct a
financial and compliance audit(s)of the Project. Grantee agrees to establish
and maintain proper accounting procedures and cash management records
and documents in accordance with conditions defined by this MOU and the
Guidelines.
ARTICLE 5. LOCAL CONTRIBUTION REQUIREMENT
5.0 In accordance with the Proposition A Local Return Guidelines,the Grantee
agrees to secure continued financial support from any funds derived from a
property tax. In addition,the Grantee agrees to secure local financial
support.
5.1 The actual amount of local support will be equivalent to the lesser of: (i)five
percent(5%)of the current fiscal year operating budget,or(ii)twenty-five
percent(25%)of the current fiscal year Local Return funds received by the
Grantee or Grantee's sponsoring municipality, as applicable. The Grantee
4
MOUPA21 ARC 1000
agrees that the above requirements equate to a local contribution as stated in
the fiscal worksheet Exhibit B. This amount will be adjusted upon receipt
of the financial and compliance audit(s).
5.2 Only local contributions made to the operating budget are eligible to meet
the Local Contribution Requirement.
5.3 Any Grantee not expending an amount equal to or greater than fifty percent
(50%)of the annual Proposition A Local Return allocation during the year
ended June 30 will have the Funds described in the Annual Funding Marks
for the applicable fiscal year reduced by the amount of unexpended annual
Proposition A Local Return funds allocated which exceed fifty percent of
that year's allocation.
5.3 If the Local Contribution Requirement is not met,the Grantee must make a
full refund of the Funds for the applicable fiscal year to LACMTA.
ARTICLE 6. CONDITIONS
6.0 This grant is subject to the terms and conditions agreed herein and in
the Guidelines. The LACMTA, at its discretion,may withhold all or
part of the Grantee's discretionary grant allocation if all conditions
identified in Section 8 of the Guidelines are not met. This grant does
not imply nor obligate any future funding commitment on the part of
LACMTA.
6.1 Grantee agrees to comply with all applicable local, state and federal laws,
rules and regulations in the provision of public transit services.
6.2 Grantee understands and agrees that in programming these 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. Grantee agrees to indemnify LACMTA
for all liability arising out of Grantee's use of the Funds and Grantee's
performance in the provision of public transit services paid for by these
Funds.
6.3 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.
6.4 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
MOUPA21 ARC 1000
ARTICLE 7. PENALTIES
7.0 The LACMTA reserves the right to terminate this MOU and withhold Funds
if it is determined that the Grantee has not made every effort to adhere to all
warranties and conditions identified in the Guidelines. In addition,the
LACMTA reserves the right to terminate this MOU in the event of
continued and/or gross violations of this MOU.
7.1 Any withholding of Funds,termination of the MOU, or imposition of any
financial penalty against Grantee under the Guidelines is subject to a two-
thirds affirmative vote of the LACMTA governing board.
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 LOS ANGELES COUNTY
METROPOLITAN
TRANSPORTATION AUTHORITY
By: CT '_' By:
Dominic Lazzaretto,City er Phillip A. Washington
Chief Executive Officer
Date: C rcg . 221 2020 Date:
APPROVED AS TO FORM:
ATTEST: MARY C. WICKHAM
C ?r County Counsel
dot n k
By: ,4
Name: Stephen P.Deitsch By: ;1i574°
Deputy
Title: City Attorney
Date: IO//b/2020
Date: tckr 201 2020
6
Exhibit A
FY21 PROPOSITION A 40% DISCRETIONARY FUNDS
City of Arcadia $238,270
City of Claremont $87,154
City of Commerce $291,336
City of Culver City $3,643,789
Foothill Transit $16,936,688
City of Gardena $3,683,129
City of La Mirada $70,754
Long Beach Transit $16,063,272
City of Montebello $5,639,033
City of Norwalk $2,157,062
City of Redondo Beach $515,622
City of Santa Monica $13,664,880
City of Torrance $4,329,522
Antelope Valley Transit $5,621,487
City of Los Angeles $20,742,720
City of Santa Clarita $4,717,718
Foothill BSCP $4,477,996
Rachelle Arellano
From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com>
Sent: Tuesday, October 20, 2020 12:22 PM
To: Rachelle Arellano
Subject: RE: City Attorney Review 10-20-20
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Rachelle, I have reviewed and approve as to form the MOU with L. A. County Metro. You may use my stamped signature
for this purpose.
Thanks.
Steve
Stephen Deitsch
x
i�_�:�.-��-- Partner
stephen.deitsch@bbklaw.com
T:(909)483-6642 C:( 1)662-9343
www. Klaw.,cm Q..Q..
Stay at home and public health orders issued in r lti le counties across s h U.S. require ur offices to e
physically dosed. Because all staff are working rein telyonlLdocuments[including correspondence,
pleadings, and discovery) will be served via e-mail until, rtler notice. Because we may not receive regular
mail or other deliveries during this period of time, please e-moil copies of anything you send by regular mail
or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best Krieger UP
attorney who has appeared in your case, or who has communicated with you by e-mail on your matter.
From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov]
Sent: Tuesday, October 20, 2020 10:15 AM
To: Stephen Deitsch
Cc: City Attorney
Subject: City Attorney Review 10-20-20
-„---
Hi Steve,
Attached for your review is a zip folder containing the following items for your review:
1. Metro Mou and Exhibit — Linda Hui
2. Atkinson Andelson Invoice — September
3. Resolution No. 2065 — Planning — Edwin
4. OCEMTA Arcadia Affiliation Agreement— Mike
5. PSA— On- Call Architectural Design Review Services with RRM — Planning — Jeramie
1