HomeMy WebLinkAboutC-24941(06- �0
C__6_}gq
MOU # MOU.PRIOARC2
MEMORANDUM OF UNDERSTANDING
TO ALLOCATE MEASURE R FUNDS
TO
MUNICIPAL OPERATORS FOR REGIONAL CLEAN FUEL BUS CAPITAL
FACILITIES AND ROLLING STOCK PROGRAM
This Memorandum of Understanding ( "MOU ") is entered into as of July 1, 2009, by and between
the Los Angeles County Metropolitan Transportation Authority ( "LACMTA ") and City of
Arcadia ( "GRANTEE ").
WHEREAS, on November 4, 2008, the voters of the County of Los Angeles approved Measure
R, an ordinance establishing a one -half percent sales tax (the "FUNDS ") for better public
transportation and quality of life purposes; and
WHEREAS, on November 4, 2008, the voters of the County of Los Angeles approved Measure
R's Expenditure Plan which outlines how the FUNDS are to be spent;
WHEREAS, the Measure R term is for a thirty (30) year period and is estimated to generate a
total of approximately $40 billion over the 30 year term;
WHEREAS, the voter approved Expenditure Plan includes an estimated $150 million for the
LACMTA and Municipal Regional Clean Fuel Bus Capital Facilities and Rolling Stock Program
(the "Program ");
WHEREAS, LACMTA, is the agency responsible for administering the tax; and
WHEREAS, on October 22, 2009, the LACMTA Board approved funding of $10 million
beginning in FY 2010 and thereafter $10 million every other year for a not to exceed amount of
$150 million for the Program;
WHEREAS, allocations to eligible recipients of Program FUNDS will be authorized by the
LACMTA Board using the Formula Allocation Procedures;
WHEREAS, on October 22, 2009, the LACMTA Board approved the Measure R Program
Guidelines for LACMTA and Municipal Operators' Regional Clean Fuel Bus Capital (Transit
Facilities and Rolling Stock) (the "GUIDELINES ");
WHEREAS, LACMTA and GRANTEE desire to agree to the terms and conditions of the grant
of Program FUNDS described herein.
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, 2009, through June 30, 2020, unless
terminated earlier as provided herein.
ARTICLE 2 — PAYMENT OF MEASURE R FUNDS AND INVOICE PROCEDURE
2.1. To the extent the FUNDS are available, LACMTA staff, in coordination with the
Eligible /Included Operators will develop funding marks for the Program to be
funded in the applicable fiscal year (the "Annual Funding Marks "). The Annual
Funding Marks will describe GRANTEE's share of FUNDS from the Program
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. Attached as Exhibit
A are the FY 2010 Annual Funding Marks which includes GRANTEE's share of
the Program, which have been approved by the LACMTA Board.
2.2 For each fiscal year covered by this MOU, GRANTEE hereby directs LACMTA
to allocate to GRANTEE its share of the Program FUNDS pursuant to the
applicable Annual Funding Marks for that fiscal year as approved by the
LACMTA Board. If LACMTA staff, in coordination with the Eligible /Included
Operators, develops a mid -year reallocation of any Annual Funding Marks for the
Program 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.
2.3 For the applicable fiscal year, GRANTEE shall send LACMTA an invoice for
eligible expense under the Program as set forth in the GUIDELINES. LACMTA
shall not be obligated to disburse the Program FUNDS to the GRANTEE until (i)
this MOU has been executed, (ii) an Expenditure Plan as described in the
GUIDELINES has been submitted, and (iii) GRANTEE has submitted to
LACMTA an invoice for the applicable fiscal year funding mark. The
Expenditure Plan and invoice must demonstrate that the Program FUNDS are
being used to purchase clean fuels buses and for facilities in accordance with the
GUIDELINES. LACMTA shall disburse Program FUNDS within 30 days of
receipt of invoices with adequate backup documentation.
ARTICLE 3 - USE OF FUNDS
3.1 GRANTEE must submit an Expenditure Plan, which describes each project's
cost, schedule, milestones and benefits.
3.2 GRANTEE shall utilize the Program FUNDS in accordance with Program
GUIDELINES and GRANTEE's Expenditure Plan.
3.3 GRANTEE may reserve or carry -over its allocation to the next fiscal year;
However the Program FUNDS will retain their original year of allocation for the
purpose of applying the lapsing requirement.
3.4 GRANTEE has five years, which is the year of allocation plus four years, to spend
the Program FUNDS. LACMTA staff may grant extensions
on a case -by -case basis, accompanied by adequate documentation of justification
of the need for extension request.
ARTICLE 4 - AUDIT AND REPORTING REQUIREMENTS
4.1 GRANTEE shall meet its audit obligations set forth in the GUIDELINES. For
each fiscal year GRANTEE receives Program FUNDS, LACMTA or its designee
shall have the right to conduct its own financial and compliance audit of the
Program. 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 all documents and
records related to the Program and the use of the Program FUNDS for three (3)
years after the end of the fiscal year in which the Program FUNDS were
expended. LACMTA may audit, as provided, herein, up to three (3) years after
the end of the fiscal year in which the Program FUNDS were expended.
4.2 By December 30 of each year, GRANTEE shall submit to LACMTA an annual
financial audit report which identifies the use of the Program FUNDS for
Regional Clean Fuel Bus Capital purposes, GRANTEE's progress and the
project's estimated completion date.
4.3 GRANTEE will provide an annual report to LACMTA describing how uses of
The Program FUNDS are contributing to accomplishing the Program objectives.
The annual report should include the GRANTEE Expenditure Plan describing
each project's progress and estimated completion date. LACMTA will compile
the GRANTEE's annual report into a regional annual Measure R Program update
for the LACMTA Board.
ARTICLE 5 — MISCELLANEOUS
5.1 Each grant given pursuant to an Annual Funding Mark shall be 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 and granting the Program
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 Program
FUNDS for public transit purposes or the projects or services funded with the
Program FUNDS. GRANTEE shall fully indemnify, defend and hold LACMTA,
its directors, officers, employee 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 GRANTEE's use of the
Program FUNDS including without limitation (i) breach of GRANTEE's
obligations under this MOU; (ii) use of the Program FUNDS by GRANTEE or its
officers, agents, employees or subcontractors; (iii) any act or omission of
GRANTEE or its officers, agents, employees, contractors or subcontractors in the
performance and/or provision of any service or capital improvement.
5.3 GRANTEE shall comply with all applicable local, state and federal laws and
regulations in the use of the Program FUNDS. GRANTEE shall comply with the
GUIDELINES.
5.4 LACMTA reserves the right to terminate this MOU and withhold the Program
FUNDS if it is determined that GRANTEE has not complied with all the terms
and conditions contained herein. Any withholding of Program FUNDS or
termination of the MOU is subject to the 2/3 vote of LACMTA Board.
5.5 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.
5.6 GRANTEE is not a contractor, agent or employee of LACMTA. GRANTEE
shall not represent itself as a contractor, agent or employee of LACMTA and shall
have no power to bind LACMTA in contract or otherwise.
5.7 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.
rd
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed as of
the dates below with all the formalities required by law.
CITY OF ARCADIA
By:
Donald Penman
Penman
City Manager
Name: -C> P&i4mcm
Title: Mana3ro
Date: 1.1(4[6 9
ATTEST:
By: K
Chief Deputy City Clerk
Date: /-57-lo
APPROVED AS TO FORM:
By:_ (
Steph n P. Deitsch
Citv Attorney
Date: 010 9
5
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By: _ 0--," J-,"t-�
Arthur T. Leahy
Chief Executive Officer
Date: I e,' - /6, 1,
APPROVED AS TO FORM:
Robert E. Kalunian
ACTING COUNTY COUNSEL
By:
eputyP
Date: 112312-00
7
Exhibit A
LACMTA
Measure R Clean Fuel Bus Capital Facilities and Rolling Stock Fund
FISCAL YEAR 2010
Fy2010fundmarks: Measure R Capital
Federal Section
OR €RA
auocat on
Allocation
Amount
FORMULA
SHARE
ANTELOPE VALLEY
1.44400/a
$ 144,399
ARCADIA
0.1241%
12,411
CLAREMONT
0.0495%
4,947
COMMERCE
0.1909%
19,092
CULVER CITY
1.0879%
108,793
FOOTHILL
6.7186%
671,856
13ARDENA
1,1282%
112,822
ADOT
2.8937%
289,368
A MIRADA
0.0797%
7,974
.ONG BEACH
5.4113%
541,130
AONTEBELLO
1.9536%
195,355
AETRO OPERATIONS
70:6502%
7,065,017
IORWALK
0:7456%
74,555
IEDONDO BEACH
0.2185%
21,846
SANTA CLARITA
1,8881%
158,807
ANTA MONICA
4.2005%
420,046.
ORRANCE
1.5158%
151,581
OTAL
100.00000%
$ 10,000,000
Fy2010fundmarks: Measure R Capital