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MOUT 10ARC2
MEMORANDUM OF UNDERSTANDING
Proposition A Interest Fund
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 Interest Fund ( "Funds ") to included and
eligible operators; and
WHEREAS, for FY 2010 LACMTA included an allocation of Proposition A Interest Fund
to Grantee; and
WHEREAS, the Grantee 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.
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, 2009 until June 30, 2010,
unless terminated earlier as provided herein.
ARTICLE 2. USE OF FUNDS
2.0 Grantee shall utilize the Funds in accordance with the LACMTA
Proposition A 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.
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.
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2.2 Any unspent Funds by the end of FY 2010 must be returned to
LACMTA no later than 60 days after the completion of any required
fiscal and compliance audits unless otherwise agreed to in writing by
the parties.
2.3 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.
ARTICLE 3. PAYMENT OF FUNDS - REIMBURSEMENT TO GRANTEE
3.0 To the extent the Funds are available, LACMTA shall pay Grantee
thirteen thousand two hundred thirty-eight dollars ($13,238) of
Proposition A Interest funds.
3.1 The Funds will be disbursed after this MOU has been fully executed
and Grantee has submitted one invoice to LACMTA requesting the
Funds. LACMTA shall not be obligated to forward the Funds to
Grantee until it receives an invoice. LACMTA shall make payment
to Grantee on a monthly basis.
ARTICLE 4. REPORTING AND AUDIT REQUIREMENTS
4.0 For the term of this MOU, Grantee shall comply with all
Transportation Development Act (TDA) and National Transit
Database (NTD) reporting requirements and shall annually submit a
completed copy of said reports to LACMTA.
4.1 By November 1, 2009, 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.
4.2 LACMTA or its designee shall have the right to conduct a financial
and compliance audit of the Fund. 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. CONDITIONS
5.0 This grant is subject to the terms and conditions agreed herein and in
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MOU.PA l OARC2
the Guidelines. This grant does not imply nor obligate any future
funding commitment on the part of LACMTA.
5.1 Grantee agrees to comply with all applicable local, state and federal
laws, rules and regulations in the provision of public transit services.
5.2 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.
5.3 Grantee is not a contractor, agent or employee of the MTA. Grantee
shall not represent itself as a contractor, agent or employee of the
MTA and shall have no power to bind the MTA in contract or
otherwise.
5.4 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.
ARTICLE 6. PENALTIES
6.0 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 comply with the terms of this MOU and the
Guidelines.
6.1 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.
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MOU.PA 10ARC2
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
By: LDqyw-� R— +-w- -J
Name: Donald Penman
Title: City Manager
Date: January 5, 2010
ATTEST:
Name: Lisa Mussenden
Title: Chief Deputy City Clerk
Date: Jgnuary 5, 2010
APPROVED AS TO FORM:
3 ��c.L► 11
of re S. Bal nger
City Attorney
4
LOS ANGELES COUNTY
METROPOLITAN
TRANSPORTATION AUTHORITY
By: F,..
hur T. y
Chief Executive Officer
Date: o/ 1-2 Ph. 0
APPROVED AS TO FORM:
Robert E. Kalunian
ACTING COUNTY COUNSEL
By:
e ty