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HomeMy WebLinkAbout1994-01-11 - AGENDA REPORTS - MTA MOU VALENCIA TOWN SHUTTLE (2)AGENDA REPORT City Manag Item to be Jeff Kolin CONSENT CALENDAR DATE: January 11, 1994 SUBJECT: MTA MOU Valencia Town Center Shuttle DEPARTMENT: Public Works BACKGROUND City staff desires to enter into a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transit Authority (MTA) to bring a mid-day shuttle to the Valencia Town Center. This trial program would be funded with an Intermodal Surface Transportation Efficiency Act (ISTEA) grant with no cost to the City. The shuttle would run weekdays between the Valencia Industrial Center and the Valencia Town Center between the hours of 10:30 a.m. and 2:30 p.m. This shuttle would augment the current line which runs between the Valencia Industrial Center and the Valencia Town Center by operating on the same route with the net effect of bringing headways down from 30 minutes to 15 minutes. Surveys have found that being able to board a bus every fifteen minutes significantly improves ridership by appealing to non -transit dependent riders. Ultimately, this results in less car trips between the Industrial Center and the Town Center, aiding the congestion management of Santa Clarity RECOMMENDATION Direct the City Manager to execute the attached MOU. DEUmtamou.ldd Agcy wa Item: REVISED 4-5-93 MOU # INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) MEMORANDUM OF UNDERSTANDING WHEREAS, the Los Angeles County Metropolitan Transportation Authority ("MTA"), as successor in interest to the Los Angeles County Transportation Commission ("LACTC"), has obtained funding under the 1991 Federal Intermodal Surface Transportation Efficiency Act (ISTEA) to assist in the financing of transportation projects; and WHEREAS, at its meeting of the governing board on September 23, 1992, LACTC approved a one time appropriation of Intermodal Surface Transportation Efficiency Act (ISTEA) funds (the "Funds") for Fiscal Year 1993 for Shuttles and Shelters (the "Project"); and WHEREAS, the City of Santa Clarita ("Grantee") is an eligible funds recipient and desires to receive the Funds; and WHEREAS, MTA and Grantee desire to agree to the terms and conditions of the grant of Funds. NOW, THEREFORE, in consideration of the mutual terms and conditions contained herein, MTA and Grantee hereby agree as follows: 1. PAYMENT OF FUNDS. A. To the extent the Funds are available, Grantee shall receive a one time grant of the Funds in the amount of One -Hundred Twenty -Five ThousandL Dollars ($ 125.000). B. The Los Angeles County Metropolitan Transportation Authority (MTA) (the "Agency"), the Federal or State agency that is administering the Project, shall disburse the Funds to Grantee on an incurred cost reimbursement basis subject to the terms and conditions contained herein. C. Grantee shall submit to MTA, 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 MTA Chief Executive Officer or his designee, the Plan shall be attached to this MOU as Attachment A and serve as an amendment to this MOU. Funds shall not be disbursed to Grantee until such time as the Plan is approved and attached to this MOU. ISTEA MOU D. Grantee shall receive the Funds from, be subject to, and comply with all applicable requirements of the Agency. The Grantee shall be subject to, and comply with, all applicable requirements of MTA. The allowability of expenditures, the cost reimbursement schedule, eligibility issues, resolution of disputes, and all other issues relating to this MOU shall be subject to the rules, regulations, and requirements of the Agency and MTA. 2. TERM. 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 MTA, Federal, and/or State audit and reporting requirements have been satisfied, all applicable requirements of the Agency have been met, and the final disbursement of the Funds has been made to the Grantee. 3. INVOICE BY GRANTEE. Grantee shall submit invoices in the form, manner, and schedule specified by the applicable requirements of the Agency. 4. USE OF FUNDS. A. The Grantee shall utilize the Funds in accordance with the applicable requirements of the Agency and as specified in the Scope of Work. B. Attachment B shall constitute the agreed upon Scope of Work between MTA 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. The Grantee shall also be subject to and comply with all applicable requirements of the Agency administering this project in regards to changes in the Scope of Work and/or Project schedule. C. Grantee shall not use the Funds to substitute for any other funds or projects not specified in this MOU. 5. REPORTING AND AUDIT REQUIREMENTS. A. Grantee shall be subject to and comply with all applicable requirements of the Agency in regards to Project reporting and audit requirements. ISTEA MOU B. Grantee shall submit, to MTA, 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, to MTA, reports and certifications indicated below: Transit Performance Measurement Report Financial Capacity Certification demonstrating current and future financial capacity to sustain all new operating costs 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 X Compliance with federal FTA Section 15 reporting requirements X Other: TDM Evaluation Program, Quarterly narrative. and financial review reWrt (due: November 30. 1993) D. Grantee shall send all MTA required reports and certifications to MTA at 818 W. Seventh Street, Suite 1100, Los Angeles, California 90017, Attn: Accounts Payable. E. MTA, 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 generally accepted accounting principles. The Grantee shall reimburse MTA and/or the Agency 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 or the applicable requirements of the Agency. 6. ONE TIME GRANT. This is a one time only grant subject to the terms and conditions agreed to herein and the applicable requirements of the Agency. This grant does not imply nor obligate any future funding commitment on the part of MTA or the Agency. ISTEA MOU 7. SOURCES AND DISPOSMON OF FUNDS. A. Grantee and MTA 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 STP CMAQ State TSM Matching Funds Local Funding Commitment TOTAL PROJECT BUDGET TOTAL DOLLARS % _ $ 125,000 76% $ 39.200 24% $ 164,200 100% B. The expenditure and disposition of the Funds by the Grantee shall be subject to and in accordance with the terms and conditions of this MOU and the applicable requirements of the Agency. C. Grantee shall not utilize the Funds in any other way or on any other project than that specified in this MOU and the applicable requirements of the Agency. D. Grantee shall be responsible for any and all cost overruns for the Project. E. Grantee shall be eligible for the Funds up to the grant amount specified in Section 1 of this MOU subject to the terms and conditions contained herein and in all applicable requirements of the Agency. Any underruns to the Project Budget shall be apportioned between MTA 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. F. Upon completion of the Project described in the Scope of Work, any unused allocation of the Funds shall revert back to MTA for future programming at MIA's discretion. G. Grantee shall obligate 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 obligated to MTA by October 22, 1995 for future programming at MTA's discretion. 4 ISTEA MOU 8. DEFAULT. The occurrence of any one or more of the following shall constitute a Default by Grantee under this MOU: (i) MTA 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 MTA's prior written consent or approval as provided herein. 9. REMEDIES. A. In the event of a Default by Grantee, MTA shall have the following remedies: (i) MTA may terminate this MOU; (ii) MTA may make no further disbursements of Funds to the Grantee; and/or (iii) MTA 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 MTA, Grantee shall not undertake any new work or obligation with respect to this MOU unless so directed by MTA in writing. C. The remedies described herein are non-exclusive. MTA shall have the right to enforce any and all of MTA'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 City of Santa Clarita, 23920 Valencia Blvd Suite 300 Santa Clarity CA 91355, Attn: Ron Vilcoyne, Transportation Manager and to MTA at 818 West Seventh Street, Los Angeles, California 90017, Attention: Renee Berlin, San Fernando Valley/North County Area Team Director. 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 provisions 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%, whichever is less, shall be funded or allowed without the written consent and prior approval of the MTA Chief Executive Officer or his designee. C. This MOU, along with the applicable requirements of the Agency, constitutes the entire understanding between the parties, with respect to the subject matter herein. 5 ISTEA MOU D. In the event that there is any legal proceeding between the parties to enforce or interpret this MOU, or the applicable requirements of the Agency, 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. E. Grantee shall retain all original records and documents related to the work herein for a period of three (3) years after Project Completion or in accordance with the applicable requirements of the Agency, whichever time period is greater. F. Neither MTA 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 applicable requirements of the Agency. It is also understood and agreed that Grantee shall fully indemnify and hold MTA 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 applicable requirements of the Agency. G. Neither party hereto shall be considered in default in the performance of its obligations 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 applicable requirements of the Agency. 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 Agency and MTA. The terms of the most recent amendment to any Federal, State, or Local laws and regulations and Agency or MTA requirements are applicable to this MOU to the maximum extent feasible, unless otherwise provided for in writing by the Agency or MTA. Grantee shall insure that work performed under this MOU is done in conformance with all applicable Federal, State, Local, Agency, and MTA rules and regulations including, but not limited to, Fair 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, Rights in Data and Copyrights, Covenant Against Contingent Fees, Covenant Against Gratuities, Clean Air and Clean 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 ri ISTEA MOU public hearings when required, publishing of press notices, preparation of plans, specifications, estimates, and required environmental reports/documentation. I. Grantee agrees that the requirements of this MOU, and the requirements of the Agency, shall be included, as applicable, in every subcontract entered into relating to work performed under this MOU. J. Grantee shall not assign this MOU, or any part thereof, without written consent and prior approval of the MTA Chief Executive Officer 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. BELOW ARE OPTIONAL CLAUSES (DELETE ALL OR PORTION OF CLAUSE IF NOT REOUIRED): 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 MTA'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 this Project. The METRO logo is a copyrighted symbol which shall be reproduced and displayed in accordance with specific graphic guidelines available from the MTA Graphics Department at the address in Section 9.A. above. O. Grantee agrees to seek State / Local Transportation Partnership Program funds (SLTPP) from the State of California, Grantee agrees to remit such funds to MTA. SLTPP funds received by the Grantee for the Project shall be apportioned between the Grantee and MTA in an amount equal to the percentage of the Project Budget contributed by the Grantee and MTA (Section 7.A. above). 7 ISTEA MOU IN WITNESS 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. City of Santa Clarita Name Title Date APPROVED AS TO FORM: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FRANKLIN WHITE Chief Executive Officer APPROVED AS TO FORM: DeWitt W. Clinton Name Date County Counsel Title Date By: Deputy Date P, ATTACHMENT A FY 1992-93 Multi—Year Call for Projects Memorandum of Understanding (MOU) PROJECT BUDGET — SOURCES OF FUNDS MTA Programmed Funds: Proposition C 5% Proposition C 10% Proposition C 25% Proposition C 401/o Grantee Funding Commitment: I TOTAL PROJECT BUDGET LOTUS v2.3 File Name: MOU.wk1 FY 1992-93 Multi—Year Call For Projects Memorandum Of Understanding (MOU) ATTACHMENT B PROPOSITION C PROJECT CASH FLOW PLAN AGENCY NAME: PROJECT NAME: FUNDING SOURCES: PROPOSITION C OTHER LOCAL FUNDS Lp PROJECTED MONTHLY PROPOSITION C CASH FLOW REQUIREMENTS: FY 92-93 Month: R Fiscal Year Total FY 93-94 Month: CASH FLOW REQUIREMENTS FOR FIRST TWO FISCAL YEARS (1)+(2) CASH FLOW REQUIREMENTS PROGRAMMED FOR FUTURE YEARS (3