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HomeMy WebLinkAbout1993-01-12 - AGENDA REPORTS - PROPOSITION C LACO TRANS CMSN (2)CONSENT CALENDAR DATE: January 12, 1993 AGENDA REPORT City Manager Item to be p Rick Pu i SUBJECT: Memo of Understanding for Proposition C Grant Funds Administered by Los Angeles County Transportation Commission DEPARTMENT: Parks, Recreation and Community Services BACKGROUND Proposition C, the Los Angeles County 1/2 cent sales tax for transit, was approved by the voters in November, 1990. Collection of the tax began in April 1991. The proceeds of the 1/2 cent sales tax are to be used to improve transit service and operations, reduce traffic congestion; improve air quality, efficiently operate and improve the condition of the streets and freeways utilized by public transit, and reduce foreign fuel dependence. Los Angeles County Transportation Commission (LACTC) is the administrative agency for Proposition C funds. LACTC has provided the attached Memorandum of Understanding (MOU) to the City to be used as the agreement under which Proposition C projects and funding will administered. They have requested that a separate MOU be used for each project selected for funding during the. competitive grant program. The City of Santa Clarita, Department of Parks, Recreation and Community Services will be receiving grant funding for two projects, the Intermodal Transit Station Commuter Bikeway ($1,050,000) and the Bouquet Canyon Trail ($300,000). The City Attorney has reviewed and approved the attached MOU as to form. RECOMMENDATION It is recommended that the City Council approve. the Memo of Understanding for the Proposition C Funds and authorize the Director of Parks, Recreation and Community Services to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the receipt of the Proposition C Grant Funds. ATTACHMENT Memo of Understanding APPROVED ��; ��. PRCOUNC 192 Ae7a�)adia `tem, ..—.� PROPOSITION C RAIL AND BUS SECURITY (PROP. C 5%) COMMUTER RAILIPRANSIT CENTERS (PROP. C 10%) TRANSIT RELATED STREET/STATE HIGHWAY IMPROVEMENTS (PROP. C 25%) DISCRETIONARY GRANT PROGRAM (PROP. C 40%) STANDARD MEMORANDUM OF UNDERSTANDING WHEREAS, on November 6, 1990, the voters of the County, of. Los Angeles approved by majority vote Proposition C, an ordinance establishing a one—half percent sales tax for public transit purposes; and WHEREAS, the Los Angeles County Transportation Commission. ("LACTC"), is responsible for the administration of the tax; and WHEREAS, at its meeting of the governing board on September 23, 1992, LACTC approved a one time appropriation of Proposition C funds (the "Funds") for Fiscal Year 1993 for (the "Project"); and WHEREAS, the ("Grantee") is tm eligible funds recipient and desires to receive the Funds from LACTC; and .. is WHEREAS, LACTC and Grantee desireto agree to the terms and conditions of the grant of Funds.. C1 NOW, THEREFORE, in consideration of the mutual terms and conditions contained herein; LACTC and Grantee hereby agree as follows: I. PAYMENT OF FUNDS. A. To the extent the Funds are available, LACTC shall make to Grantee a one time grant of the Funds in the amount of Dollars B. Grantee shall submit, within thirty (30) days of execution of this. Memorandum of Understanding ("MOU"), a final approved financial/cash flow plan (the "Plan") for the Project. Upon approval by the LACTC Executive Director or his designee, the Plan shall be attached to this MOU as Attachment A and serve as an amendmentto this MOU. Funds shall not be disbursed to Grantee until such time as the Plan is approved and attached to this MOU. Page 1 PROP. C MOU 0 C. This one time grant shall be prorated over a twelve (12) month period beginning in the month -that costs are incurred as specified in the Plan. LACTC shall withhold, as retainage, ten percent (10%) of the total grant amount until LACTC review and approval of annual audit results. All disbursements shall be considered an estimate subject to adjustment based on the quarterly Project status reports and LACTC audit results. LACTC shall reconcile disbursements of the Funds against actual expenditures quarterly in November, February; May, and August of each year based upon the quarterly Project status reports specified in Section 5 of this MOU. 2. TE i2M. The term of this MOU shall commence on September 23, 1992 and shall terminate upon Project Completion. For purposes of this MOU, Project Completion is defined as the time at which the agreed upon scope of work, as more particularly described in Attachment B attached hereto (the "Scope of Work"), has been completed, all LACTC audit and reporting requirements have been satisfied, and the final disbursement- of the Funds has been made to the Grantee. 3. INVOICE BY GRANTEE. Unless otherwise stated in this MOU, the annual and quarterly reports, described in Section 5- below, shall satisfy all LACTC invoicing requirements. 4. USE OF FUNDS. A. The Grantee shall utilize the Funds in accordance with the LACTC Proposition C Guidelines (as adopted by LACTC in April/May 1992) the "Guidelines") and as specified in the Scope of Work. B. Attachment B shall constitute the agreed upon Scope of Work between LACTC and the Grantee, including scheduled beginning and ending/completion dates for the Project. The Funds, as granted under this MOU, can only.be used towards the completion of this Scope of Work. C. Grantee shall not use the Funds to substitute for any other funds or projects not specified in this MOU. ►� : 111 I ) 1,,4 q&I 4Z/ P A. Grantee shall submit quarterly project status reports, including, without limitation, quarterly and inception -to -date budgeted and actual expenditures, on the last day of the months of October,' January, April, and July. Should Grantee fail to submit such reports within 10 days of the due date, LACTC may withhold, at its sole discretion, the Funds from Grantee. • Page 2 0 PROP. C MOU B. Grantee shall submit an annual project evaluation and financial review four (4) months prior to the end of each funded Fiscal Year. Grantee shall include, in this evaluation any proposed or unforeseen changes to the Scope of Work, the Plan, the Project Budget, and the cost and/or schedule. C. Grantee shall submit the reports and certification indicated below: _ Transit Performance Measurement Report Financial Capacity Certification demonstrating current and future financial capacity to sustain all new operating cost. Maintenance of Effort Certification Certification that all other available funding sources have been committed for the Project Certification of Coordination with other affected Transit operators to avoid potential service duplication Revised project application to be submitted annually on Comply with federal FTA Section 15 reporting requirements Other: ' ' D. Grantee shall send all reports and certifications to LACTC at 818 West Seventh Street, Suite 1100, Los Angeles, California 90017, Attention: Area Team Directors. • E.. LACTC, and/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 gener4lly accepted accounting principles. The Grantee shall reimburse LACTC for any expenditures not in compliance with the Scope of Work and/or not in compliance with other terms and conditions as defined by this MOU and the Guidelines. • 6. ONE GRANT. This is a one time only grant subject to the terms and conditions agreed to herein and in the Guidelines. This grant does not imply nor obligate any future funding commitment on the part of LACTC. Page 3 PROP. C MOU 7. SOURCES AND DISPOSITION OF FUNDS. A. Grantee and LACTC agree that the Project agreed to herein shall be funded from the .following sources and in the amounts budgeted below (the "Project Budget'. SOURCE OF FUNDS TOTAL % Proposition C _ - Local -Funding Commitment TOTAL PROJECT BUDGET S _ B. Grantee shall not utilize the Funds in any other way or on any other project than that specified in this MOU and the Guidelines. C. Grantee shall be responsible for any and all cost overruns for the Project. D. Grantee shall be eligible for the Funds up to the grant amount specified itf Section 1 of this MOU subject to the terms and conditions contained herein and in the.. Guidelines. Any underruns to the Project Budget shall be apportioned between LACTC . and the Grantee in the same proportion as the Sources of Funds from each party to this MOU as specified in Section 7.A. above. . E. Grantee, within 60 days of completion of the Project described in the. Scope .of Work, shall return to LACTC any unused disbursements of the Funds previously transferred to the Grantee from the grant amount specified in Section 1 of this MOU. F. Grantee shall expend the Funds granted under this-MOU by September 23, 1995, three (3) years from the date of allocation, unless otherwise stated in this MOU. At the end of the three (3) year period, Grantee shall return any funds not expended to LACTC by October 22, 1995. 8. DEFAULT. The occurrence of any one or more of the following shall constitute a Default by Grantee under this MOU: (i) LACTC determines that Grantee has not made every effort to adhere to all warranties and conditions identified herein or in the Guidelines; (ii) Grantee fails to comply with the terms and conditions contained herein or in the Guidelines; or - (iii) Grantee makes a change to the Plan, the Scope of Work, or the Project Budget without LACTC's prior written consent or approval as provided herein. Page 4 iPROP C.'MOU remedies: A. In the event of a Default by Grantee, LACTC shall have the following (i) LACTC may terminate this MOU; (ii) LACTC may make no further disbursements of • Funds to the Grantee; and/or (iii) LACTC may recover from .Grantee any Funds disbursed to Grantee prior to and after the Default. B. Effective. upon receipt of written notice of termination from LACTC, Grantee shall not undertake any new work or obligation with respect to this MOU unless so directed by LACTC in writing. C. The remedies described herein are non—exclusive. LACTC shall have the right to enforce any and all of LACTC's rights and remedies herein or which may be now or hereafter available at law or in equity. 10. OTHER TERMS AND CONDITIONS. • A. Notice under this MOU shall be .in writing and personally served or deposited in the U.S. Postal Service, first class, postage prepaid to Grantee at and to LACTC at 818 West Seventh Street, Los Angeles, California 90017, Attention: Area Team Directors. Notice. shall be deemed given on the date personal service is obtained or on the date of deposit in the mail, whichever applies. • B. This MOU shall not be amended, nor any provision or breach hereof waived, except in writing signed by the parties which expressly refers to this MOU. No changes, in aggregate, to the Plan, the Scope of Work, or the Project Budget in excess of 10% or $. whichever is less, shall be funded or allowed without the written consent and prior approval of the LACTC Executive Director or his designee. C. This MOU, along with the Guidelines, constitutes the entire understanding between the parties,. with respect to the subject matter herein. Adoption of revisions or supplements to the Guidelines by LACTC shall cause such revisions or supplements to be a part of this MOU as though fully set forth herein. D. In the event that there is any legal proceeding between the parties to enforce or interpret this MOU, or the Guidelines, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees. Page 5 PROP. C MOU • E. Grantee .shall retain all original records and documents related to the work herein for a period of three (3) years after Project Completion. F. Neither LACTC nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Grantee under or in connection with any work, authority, or jurisdiction delegated to Grantee under this MOU or the Guidelines. It is also understood and agreed that Grantee shall fully indemnify and hold LACTC harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by Grantee under" or in connection with any work, authority, or. jurisdiction delegated to Grantee under this MOU or the Guidelines. - G. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such -obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOU or the Guidelines. H. Grantee shall comply with all applicable provisions of Federal, State, and Local laws, statutes, ordinances, rules, regulations, and procedural requirements and the applicable requirements and regulations of the LACTC. The terms of the most recent • amendment to any Federal, State, or Local laws and regulations and LACTC requirements are applicable to this MOU to the maximum extent feasible, unless otherwise provided for in writing by the LACTC. Grantee shall insure that work performed under this MOU is done in conformance withall applicable rules and regulations including, but not limited to, F4ir Employment Practices, the Civil Rights Act of 1964, Nondiscrimination Assurances, Minority and Disadvantaged Business Enterprise Participation, Public Health and Safety requirements, the Americans with Disabilities Act (ADA), Interest of Member of or Delegates to Congress, Audit and Inspection of Records. Access to and Retention of Records, Patent Rights, Covenant Against Gratuities, Clean Air and Water Acts, CEQA and NEPA requirements, Energy Conservation, Suspension and Debarment,' Certification Regarding Lobbying, and Subcontracts. This includes, but is not limited to, the holding of public hearings when required, publishing of press notices, preparation of plans, specifications, estimates, and required environmental reports/documentation. L Grantee agrees that the requirements of this MOU and the Guidelines shall be included, as applicable, in every subcontract 'entered into relating to work performed under this MOU. Page 6 0 PROP. C MOU J. Grantee shall not assign this MOU, or any part thereof, without written consent and prior approval of the LACTC Executive Director or his designee, and any attempt to do so shall be void and unenforceable. K. 'If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. L. All Attachments to this Memorandum of Understanding are incorporated herein and by this reference made a part thereof. M. The covenants and agreements of this MOU shall inure to the benefit of, and shall -be binding upon, each of the parties and their respective successors and assigns. N. Grantee agrees that all literature, advertisements, brochures, video, radio, and public service announcements, and all other materials relating to the Project and distributed to the public will contain recognition of the LACTC's contribution as well as the approved METRO logo, a form which is attached as Attachment C. Grantee agrees to display the METRO logo on its buses, shuttle buses, vans, and taxis utilized for services provided under the Project. The METRO logo is a copyrighted symbol which shall -be reproduced and displayed in accordance with specific graphic guidelines available from the LACTC Graphics Department at the address in Section 9.A. above. O. If. Grantee seeks State/Local Transportation Partnership Program funds (SLTPP) from the State of California, Grantee agrees to remit such funds to LACTC. SLTPP funds received by the Grantee for the Project shall be apportioned between the Grantee and LACTC in an amount equal to the percentage of the Project Budget contributed by the Grantee and LACTC (Section 7.A. above). Page 7 PROP. C MOU 0 IN W1TNF.SS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be duly executed as of the dates indicated below, with all the formalities required by the law. [Grantee] LOS ANGELES COUNTY TRANSPORTATION COMMISSION Name Date NEIL PETERSON Date Title Executive Director APPROVED AS TO FORM: APPROVED AS TO FORM: By: ` DeWitt W. Clinton Name Date County Counsel Title By: Deputy Date r1 LJ Page 8 To: IF. b[ Inch v[Hruu eeuwn only >ae rowweu eelve •w41 CeHe[IW. CM.,ewwle UOIO legal eeYWee ew..,e[ CpIH1v Or At[ ![OQ eal[TDL freRT eY..t e+o COMA ,I[Y. GLNeII[Ie CAH!• MM ewewe Fra: lbryam L. 800dkind LAW O►/IOCS Bu=33, WILLxAvg & SozzN9=q all weer SIXTH STReeT. SYITe aaoo LOS ANO ELM CALIFORNIA DOOM Mal a 400 FOR ASSISTANCE PUMM CALL: (213) 236-2738 OUR TEL COPIER NUMBER IS: (213) 236-2700 12-18-92 2:49po P. 1 of I euaw, wuu.r, esea,lue a aMe ueHroH rule Taee w�uw wuuevwl,o wIT[ aee OV011wli -CARR MHW M[N Ie,D ]iaee0p The infor=tlm contained in this bcsimilo message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attomry-client privilege and/or represents confidential attorney work produce. If YOU are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee you received this document through inadvertent error and any further review, dissemination, distribution or copymg of this communication by you or anyone else is strictly prohibited. IF YOU RECEIAED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US DEAEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (213) 2364600 AND RETURN THE ORIGINAL OF THIS COMMUNICATION TO US BY MAIL. AT THE ABOVE - ADDRESS. Thank you. - To: Mr. Joe Inch From: Maryann L. Goodkind. • 0 Date: 12-18-92 Page 1 of 3 \1 To: Vt. be Inch aca:zi Fra: Maryann L Goo&ind 12-IMZ 2:49pe December 18, IM (113) 236-2801 02012-001 Mr. Joe Inch Parks and Recreation Department City of Sarna Clarita 23920 Valencia Boulevard, Suite 300 City of Santa Clarits, California 91355 Re: I,ACPC Memorandum of Understanding it Proposition C Binds Grant I-KIn?1M Pursuant to your request, Tim McOsker and I have reviewed the form of the above - referenced Memorandum of Understanding (MOLD. It Is our understanding that this MOU is related to a grant of Proposition C Hinds from I.ACTC and does not involve the pledge of any of City Hinds, Including the City's allocation of Proposition C funds. As wo discussed in our telephone conversation today, the MOU is approved as to ' farm by the City Attorney's office. We would appreciate it if you would send us a copy of the Scope of Work (Attachment B) and the City funding sources for our review when they P. 2 of 3 0 0 To: Mr. ks Indy Mr. Joe Inch December 18, 1992 Page 2 L.] 40617.1 0 From:.Mlry4m L. Goodkind 12-18-92 2:19pe p. 3 of 3 have been prepared. In addition, please be sum that the LACTC Proposition C Guidelines referenced in the MOU are reviewed by the appropriate persons at the City. If you have any questions or comments, please do not hesitate to contact the undersigned. Very truly yours, is/ Maryann L. Goodldnd for BURKE, WHI IAMS & SORENSEN cc: Carl. K. Newton, City Attorney Timothy B. McOsker, Assistant City Attorney Steven Stark, Director of Finance I