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HomeMy WebLinkAbout2012-02-28 - AGENDA REPORTS - PROP A GRANT PGM MOU (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: 3 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by February 28, 2012 Adrian Aguilar MEMORANDUM OF UNDERSTANDING (MOU) WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) FOR PROPOSITION A INCENTIVE GRANT PROGRAM FOR FISCAL YEAR 2012 - 2016 Administrative Services RECOMMENDED ACTION City Council: 1) Approve the Memorandum of Understanding (MOU) between the City and the Los Angeles County Metropolitan Transportation Authority (METRO) to receive Proposition A Subregional Incentive Grant Funds. 2) Authorize the City Manager or designee to sign the MOU on behalf of the City, subject to City Attorney approval. BACKGROUND Each year the City of Santa Clarita receives Proposition A Subregional Incentive Funds that support Dial -A -Ride operations. An MOU must be executed between the City and METRO for the use of the funds. The funds offset the City's and County's cost of providing paratransit services in the Santa Clarita Valley. ALTERNATIVE ACTIONS Other action as determined by the City Council. F n9n , V �Rco rpl, ut, FISCAL IMPACT The subject MOU allows the City to receive an annual share of the regional Proposition A Incentive funds based on a formula through the "annual funding mark." The revenues are already included in the Fiscal Year 2011-12 budget. ATTACHMENTS Prop A MOU 2012-2016 `Z_ PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM - MEMORANDUM OF UNDERSTANDING FOR SUB -REGIONAL PARATRANSIT SERVICES CONTRACT NUMBER MOUTAI2SAC3 This Memorandum of Understanding is dated as of July 1, 2011, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Santa Clarita ("GRANTEE") WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and WHEREAS, LACMTA had established the Proposition A (5% or 40%) Discretionary Incentive Program ("Program") for eligible recipients to provide specialized transportation service in conjunction with the agencies in accordance with the requirements of the Proposition A Incentive Program Guidelines, adopted September 26, 2001, ("Guidelines"); and WHEREAS, LACMTA defines a sub -regional paratransit program as a consolidated specialized transportation service that serves two jurisdictions or more with a minimum of 25,000 residents or any three nearby jurisdictions, or in the case of an unincorporated county area, a two jurisdiction program in which the County portion is at least one-fifth (1/5) the population of the coordinating city; and WHEREAS, the GRANTEE recently requested funds under the Program to provide specialized transportation service in conjunction with the unincorporated areas of Los Angeles County; and WHEREAS, at its May 23, 2002 meeting, LACMTA authorized the GRANTEE to receive funds under the Program; and WHEREAS, LACMTA has approved the following goals for implementation of the Program: 1, Coordinate and improve services provided by cities, operators, and social service agencies to achieve more efficient and cost effective systems; 2. Improve the mobility of persons for whom regular fixed route transportation is either inadequate or inappropriate-, Encourage the use of local transit fluids for projects of regional significance and benefit, such as the provision of Americans with Disabilities Act (ADA) complementary paratransit; 4. ;Provide more cost efficient locally funded sub -regional paratransit systems as an alternative to the more costly Access Services Incorporated (ASI); -3- MOU.PAI2SAC3 NOW, THEREFORE, LACMTA and GRANTEE hereby agree to the following terms and procedures for the grant of the Proposition A Discretionary Incentive Grant funds ('Program Funds"): ARTICLE 1 TERM 1.0 This Memorandum of Understanding ("MOU") will be in effect from July 1, 2011, through June 30, 2016, unless terminated earlier as provided herein. ARTICLE 2. SERVICE STANDARDS 2.0 The GRANTEE shall use the Program Funds to provide that certain specialized transportation services, known as the Santa Clarita Dial -A -Ride Program as specified in the scope of work attached as Attachment A (the "Project") to eligible paratransit users as a coordinated transportation program with the agencies specified herein and in accordance with the Guidelines. 2.1 GRANTEE shall document coordination activities with existing transit services and with participating local governments. This documentation shall consist of executed agreements, joint resolutions, and/or approved implementation plans. Within 90 days from the date the LACMTA board approves initial fiinding marks for the Project, GRANTEE shall provide such documentation to LACMTA prior to receiving any Program Funds for the applicable fiscal year (FY). 2.2 In order to be eligible for the Program Funds, GRANTEE shall: A. Operate as a consolidated Sub -Regional Paratransit Program; B. Use all Program Funds to increase the number and mobility of the passengers carried. Incentive funds may not be used to reduce a city's or Los Angeles County's contribution of Proposition A and/or C Local Return or other funding sources; C. Coordinate proposed services, including executing appropriate transfer agreements with adjacent systems, social services agencies, and the regional operators; and, D. Where applicable, coordinate American With Disabilities Act (ADA) trips to assure cost-effective service provision. ARTICLE 3. ESTABLISHMENT OF ANNUAL FUNDMARI( 3.0 Each fiscal year, to the extent the Program Funds are available, LACMTA staff will develop funding marks for the Sub -Regional Paratransit Prograin to be funded for the applicable fiscal year (the "Annual Fundmark"). The Annual Fundmark will establish GRANTEE's 2 of 7 y- MOU.PAI2SAC3 share of the Program Fluids for the Sub -Regional Paratransit Program to the extent the Sub - Regional Paratransit Program is funded that fiscal year. GRANTEE shall have the opportunity to review and comment on the Annual Fundmark prior to LACMTA staff submitting the Annual Fundmark to the LACMTA Board for approval. LACMTA Board approval will be required prior to fund disbursement. 3.1 For each fiscal year covered by this MOU, LACMTA will allocate GRANTEE's share of the Program Funds pursuant to the Annual Fundmark for that fiscal year as approved by the LACMTA Board. LACMTA staff will apply performance standards as described below. In no event will the Annual Fundmark exceed 25% of net operating costs for the applicable fiscal year. 3.2 The Annual Fundmark shall be determined by GRANTEE's attainment of performance standards described in Section 3.3 below during the year which is two fiscal years prior to the current year and in compliance with this MOU. For example, GRANTEE's perfonnance in FY 11 shall determine the amount of Program funding GRANTEE receives in FY 13. For each fiscal year, determination of GRANTEE's performance standard attainment shall be based upon audited data described in Article 5. Notwithstanding the two year lag time in payment, the final year of the term under this MOU is the final year for payment under this MOU. 3.3 Establislnnent of the Annual Fundmark will be based upon GRANTEE's attainment of the following performance standards: Standards met as specified in Exhibit A to the Guidelines Amount of net operating costs (up to grant amount)* Submittal of timely and accurate NTD report for the project 15% ase funding) Meet one performance standard +4% 19% total Meet two performance standards +7% 22% total Meet three performance standards +10% 25% total *Net operating costs shall be calculated as provided in the Guidelines. 3.4 LACMTA will make the final payment for each fiscal year after eligible audited data is received from the GRANTEE. The fiscal year's final payment will be based on the Annual Fundmark, or 25% of the current fiscal year's net operating costs, whichever is less. 3.5 LACMTA reserves the right on an annual basis to move Project from one modal category to another based upon average trip length and/or changes to customer eligibility requirements. ARTICLE 4. QUARTERLY REPORTS AND INVOICES 4.0 GRANTEE shall submit quarterly reports detailing expenditures to date and Project status on a quarterly basis. All quarterly reports will be due on the last day of the months of October, January, April and July. Program Fluids may be withheld if quarterly reports are not completed and submitted on schedule. 3 of 7. MOU.PAI2SAC3 4.1 Requests for reimbursement to GRANTEE shall be made by the GRANTEE submitting invoices quarterly. Invoices shall be submitted along with quarterly reports as stipulated above. LACMTA shall pay 25% of the reasonable and allowable costs actually incurred by GRANTEE, not to exceed the Annual Fundmark, or 25% of the current fiscal year's net operating costs, in providing the specialized transportation services described herein. Therefore, the 4"' quarter payment will be retained by LACMTA until the audit is . performed and calculations can be made to verify the correct total and final payment for the fiscal year. 4.2 Net operating costs shall be calculated as provided in the Guidelines. Final payment shall be based on results of the audit as described in Article 5. If LACMTA overpaid Program Funds to GRANTEE, GRANTEE shall return the amount of Program Funds in excess of what GRANTEE should have received under this MOU within 30 days of notice. If GRANTEE fails to make such payment within the 30 days, GRANTEE hereby authorizes LACMTA to offset Program Funds from future payments due to GRANTEE. ARTICLE 5. ANNUAL AUDIT AND REPORTING OF NATIONAL TRANSIT DATABASE (NTD) 5.0 In accordance with Federal Transit Administration (FTA) requirements, GRANTEE shall be audited by LACMTA on an annual basis. Audits are intended to confirm fiscal compliance and verify operating statistics reported as part of the quarterly and annual National Transit Database (NTD) reports. 5.1 1 The audit shall include all operating expenses and operating information including, without - limitation, such expenses and information from GRANTEE or any other agencies that directly or indirectly receive Program Funds. GRANTEE shall cooperate and provide information as requested by LACMTA or its representative. GRANTEE shall also maintain original source data for a minimum of three years after the completion of each year's annual audit. 5.2 Audit findings must confirm fiscal compliance and verify operating statistics allowing LACMTA to report data in LACMTA's NTD report. If audit findings indicate that GRANTEE's Project data cannot be included in the LACMTA's NTD report for the given year, the GRANTEE is not eligible to receive any Program Funds. 5.3 GRANTEE shall submit annual NTD data for the prior fiscal year to LACMTA by August 31 of each year, unless GRANTEE intends to report NTD directly to the FTA. If reporting NTD to FTA directly, GRANTEE is requested to provide LACMTA with a copy of the NTD report, the independent auditors statement, and verification that FTA accepted the report. 4 of 7 QM M0U.PAl2SAC3 ARTICLE 6. CONDITIONS 6.0 GRANTEE agrees to comply with the applicable sections of the Guidelines, all applicable local, State and Federal laws, rules and regulations in the provision of public specialized transportation services. 6.1 LACMTA or their representative may perform field visits at various times throughout the term of flus MOU to determine compliance with Federal, State, and Program requirements. 6.2 GRANTEE understands and agrees that in programming the Program Funds and entering into this MOU, LACMTA is acting pursuant to its statutory authority and shall have no liability in connection with GRANTEE's use of the Program Funds. GRANTEE shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of the Project, including, without limitation: i) the performance of the GRANTEE, its officers, agents, employees, and subcontractors in providing the public specialized transportation services paid for by the Program Funds including, without limitation, i) any costs or liability on account of bodily injury, death, or personal injury of any person or for damage to or loss of use of property; ii) GRANTEE's use or misuse of the Prograin Funds; and/or iii) a breach of this MOU. 6.3 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. 6.4 GRANTEE is required to meet the maintenance of effort requirements as specified in the Guidelines. GRANTEE's failure to meet such requirements may reduce the Program Funds GRANTEE receives hereunder. 6.5 GRANTEE shall document coordination activities with existing transit services and with participating local governments. This documentation shall consist of executed agreements, joint resolutions, and/or approved implementation plans. ARTICLE 7. PENALTIES 7.0 In the event the GRANTEE materially defaults in any of its obligations hereunder, including, without limitation, failure to meet the requirements identified in the Guidelines, LACMTA may declare a default by written notice to the GRANTEE. The notice shall specify the basis for the default. LACMTA reserves the right to withhold funds and to terminate this MOU unless such default is cured before the effective date stated in such notice which shall be not sooner than ten (10) days after the date of the notice. The GRANTEE shall return the Program Funds to the extent costs or expenses are disallowed or misused as determined by LACMTA audit. 5 of 7 — f7_ MOU.PAI2SAC3 IN WITNESS WHEREOF, the GRANTEE and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below: GRANTEE: City of Santa Clarita By: City Manager DATE: APPROVED AS TO FORM: By: NAME: TITLE: DATE: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ARTHUR T. LEAHY Chief Executive Officer DATE APPROVED AS TO FORM: Andrea Sheridan Ordin County Counsel B DEC) G of 7 — C-- ATTACHMENT A SANTA CLARITA DIAL -A -RIDE SCOPE OF WORK Overall goal to provide curb -to -curb ambulatory and non-ambulatory transportation services to those in need, in an efficient manner. System Description Elderly and Disabled service is available to the senior and disabled citizens of the Santa Clarita Valley. The service is provided as a shared -ride, curb -to -curb transportation service which is scheduled on a reserved ride basis. Rides can be reserved by phone, one to seven days in advance. Senior eligibility is based upon verification of 60 years of age or older. Disabled eligibility is based upon certification with Access Service, Inc. (ASI) The service area for Santa Clarita Dial -a -Ride includes all areas within the City, as well as areas in surrounding unincorporated territory which is within three-quarters of a mile of Santa Clarita Transit fixed route bus routes. The City Council has established Dial -a -Ride service hours which mirror existing local bus service hours, seven days a week. The City Council adopted a fare structure on July 1, 2000, subsequent -to an appropriate public participation process. Elderly and Disable Service hours are Monday thru Friday from 5:00 a.m. to 10:30 p.m., Saturdays from 7:30 a.m. to 10:30 p.m. and Sundays 8:00 a.m. to 8:00 p.m. General Public Service is from 6:00 p.m, to 10:30 p.m. Monday thru Saturday and on Sundays from 6:00 p.m. to 8:00 p.m. There is no service on the Thanksgiving and Christmas holidays. The fare is $2.00 per one-way trip. Administration and Monitoring The City of Santa Clarita has eight staff positions which oversee 150 contract employees. Under one contract, MV Transportation operates and maintains the fleet for local and community express service, in addition to the dial -a -ride service. MV Transportation has considerable experience operating this type of service across the nation. In addition, MV Transportation has operated this service since 2008 and is contracted to continue through 2018. Training includes federally adopted passenger relations and sensitivity training, and replacement of equipment every five years. . -- I — Marketing Program Santa Clarita Dial -A -Ride is advertised in the Santa Clarita Transit timetable, and the Santa Clarita Dial -a -Ride Passenger Guide which are available at appropriate facilities throughout the Valley and on the City's website. These locations include the Santa Clarita Valley Senior Citizens Center, LARC Ranch (Los Angeles Retarded Citizens), the Adult Day Care Center, senior housing complexes, etc. Coordination Santa Clarita Transit maintains a coordinated relationship with the Los Angeles Unincorporated areas adjacent to our region. Santa Clarita Transit also works in close coordination with the Senior Center, which also provides some transportation services. Access Services, Inc. contracts with the City of Santa Clarita to provide ADA mandated complementary paratransit service within the Santa Clarita Valley. . —/0—