Resolution No. 97161
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RESOLUTION NO. 9716
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. 2 TO MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE CITY OF VERNON AND THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY
WHEREAS, on March 21, 2001, the City Council of the City of
Vernon adopted Resolution No. 7732 approving a State Transportation
Improvement Program ("STIP") Letter Agreement No. LOA.P0004300 dated
February 14, 2001, with the Los Angeles County Metropolitan
Transportation Authority ("MTA") for the funding of improvements for
the I-710 Atlantic/Bandini Interchange Project (the "Project"), Phase
I; and
WHEREAS, on January 5, 2005, the City Council of the City of
Vernon adopted Resolution No. 8636 approving an Amendment No. 1 to the
STIP Letter Agreement and a Call for Projects Proposition C Memorandum
of Understanding No. MOU.P0004300 dated December 1, 2004 with the MTA
to replace some STIP funds with Proposition C funds as Federal funds
were not made available for the construction portion of the Project;
and
WHEREAS, the MTA allocated the use of an additional $941,000
in Proposition C 25% funds to the City of Vernon to be expended by June
30, 2008; and
WHEREAS, on August 6, 2007, the City Council of the City of
Vernon adopted Resolution No. 9382 approving an Amendment No. 1 to the
Memorandum of Understanding No. MOU.P0004300 providing for the
expenditure of the additional Proposition C funding by June 30, 2008;
and
1 WHEREAS, due to the delays caused by unexpected underground
2 facilities and inclement weather during the construction, the Project
3 extended beyond June 30, 2008; and
4 WHEREAS, in order to extend the time for expenditure of
5 funding until June 30, 2009, the MTA is requiring that the City enter
6 into an Amendment No. 2.to the Memorandum of Understanding No.
7 MOU.P0004300; and
8 WHEREAS, the Director of Community Services & Water has
9 recommended that the Amendment No. 2 to the Memorandum of Understanding
10 with the MTA be approved.
11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
12 CITY OF VERNON AS FOLLOWS:
13 SECTION 1: The City Council of the City. of Vernon hereby
14 finds and determines that the recitals contained hereinabove are true
15 and correct.
16 SECTION 2: The City Council of the City of Vernon hereby
17 approves the Amendment No. 2 to the Memorandum of Understanding No.
18 MOU.P0004300 with the MTA, a copy of which is attached hereto as
19 Exhibit A and incorporated by reference.
20 SECTION 3: The City Council of the City of Vernon hereby
21 authorizes the Mayor or Mayor Pro-Tem to execute said Amendment for,
22 and on behalf of, the City of" Vernon and the City Clerk is hereby
23 authorized to attest thereto.
24 SECTION 4: The City Council of the City of Vernon hereby
25 authorizes and empowers the City Administrator, or his designee, to
26 execute such other agreements and documents and to take such actions
27 as may be necessary or convenient to carry out the City's obligations
28 hereunder and to effect the purposes of the Amendment and the
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transactions therein authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send the executed
Agreements to the MTA.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 6th day of October, 2008.
ATTEST:
M NUELA GIRON, it Clerk
Name: Loonis Malburg
Title: Mayor /ae�;1=z�
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9716, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, October 6, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRO , C'ty Clerk
- 4 -
EXHIBIT A
TIP#: 4300
AMENDMENT NO. 2 TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF VERNON
CFP# 4300
AMENDMENT NO. 2
MOU. P0004300
AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 2 to Memorandum of Understanding (this "Amendment"), is dated as
of August 8, 2008, by and between the City of Vernon ("Grantee"), and the Los Angeles
County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. Grantee and LACMTA entered into that certain Memorandum of
Understanding No. MOU.P0004300, dated December 1, 2004, which was amended on May
3, 2007, (as amended, the "Existing MOU"), which Existing MOU provides for the I-710
Atlantic/Bandini Interchange Improvements, Phase I; and
B. Whereas, LACMTA Board on July 24, 2008, desires to extend the
lapsing date of funds programmed for ALL programmed Fiscal years to June 30, 2009; and
C. Grantee and LACMTA desire to amend the Existing MOU as provided
herein.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part 2, Paragraph 8.1(iv) of the Existing MOU is hereby amended by
deleting it in its entirety and replacing it with the following: "ALL programmed years are
subject to lapse on June 30, 2009. Grantee shall expend these Funds by the lapsing date."
2. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Rev: 08.13.08 1 MOU Amendment Lapsing Date Extensions
IIFIP: 43UU CFP# 4300
AMENDMENT NO. 2
MOU.P0004300
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be duly
executed and delivered as of the above date.
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
Bv:
Roger Snoble
Chief Executive Officer
Approved as to form:
Raymond G. Fortner, Jr.
County Counsel
I0
Date:
Date:
CITY OF VERNON
By: Date:
'Leonis C. Malburg
Mayor
Attest:
Manuela Giron
City Clerk
Approved as to form:
By:
Jeff Harrison
City Attorney
Rev: 08.13.08
Date:
Date:
g /,--) & /C g
2 MOU Amendment Lapsing Date Extensions
Los Angeles County
Metropolitan Transportation Authority
Metro
December 1, 2008
Mr. Woody Natsuhara, P.E.
Deputy Director of Community Services & Water
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
One Gateway Plaza 213.922.2000 Tel
Los Angeles, CA 90012-2952 metro.net
DEC 0 2008
(mnv e
RE: I-710 ATLANTIC/BANDINI INTERCHANGE IMPROVEMENTS, PHASE I,
AMENDMENT NO.2.
Dear Mr. Natsuhara:
We are transmitting one fully executed Amendment No. 2 to MOU.P0004300 for your project
files.
Please let me know when you receive this.
Sincerely,
Sharad Mulchand
Project Manager
Encls.
TIP#: 4300
AMENDMENT NO. 2 TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF VERNON
CFP# 4300
AMENDMENT NO. 2
M O U. P0004300
AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 2 to Memorandum of Understanding (this "Amendment"), is dated as
of August 8, 2008, by and between the City of Vernon ("Grantee"), and the Los Angeles
County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. Grantee and LACMTA entered into that certain Memorandum of
Understanding No. MOU.P0004300, dated December 1, 2004, which was amended on May
3, 2007, (as amended, the "Existing MOU"), which Existing MOU provides for the I-710
Atlantic/Bandini Interchange Improvements, Phase I; and
B. Whereas, LACMTA Board on July 24, 2008, desires to extend the
lapsing date of funds programmed for ALL programmed Fiscal years to June 30, 2009; and
C. Grantee and LACMTA desire to amend the Existing MOU as provided
herein.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part 2, Paragraph 8.1(iv) of the Existing MOU is hereby amended by
deleting it in its entirety and replacing it with the following: "ALL programmed years are
subject to lapse on June 30, 2009. Grantee shall expend these Funds by the lapsing date."
2. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Rev: 08.13.08 1 MOU Amendment Lapsing Date Extensions
TIP#: 4300
CFP# 4300
AMENDMENT NO. 2
M O U. P0004300
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be duly
executed and delivered as of the above date.
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
By: &64� J4��
Roger Snoble 41
Chief Executive Officer
Approved as to form:
Raymond G. Fortner, Jr.
County Counsel
CITY OF VERNON
By: 4eonis
�`T—
C. Malburg
Mayor
Attest: M""'z 1"L
anuela Giron
City Cleric
Approv
Date: // --y- Os -
Date: 6kv�&
Date: 1'5-10�'.
Date:
Date: / s of
Rev: 08.13.08 2 MOU Amendment Lapsing Date Extensions
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 9, 2008
Mr. Sharad Mulchand, NCARB, AICP, Project Manager
Metropolitan Transportation Authority
One Gateway Plaza
Mail Stop: 99-22-4
Los Angeles, CA 90012-2952
Re: Amendment No. 2 to Memorandum of Understanding
Dear Mr. Mulchand:
Transmitted herewith are three original executed amendments, as
referenced above, which were approved by the Vernon City Council on
October 6, 2008, through Resolution No. 9716.
Please return one fully executed original amendment to the
undersigned.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson, at (323) 583-8811 ext. 245.
Very truly yours,
f /F
Nell y Giron
City Clerk
NG:dr
c: Kevin Wilson
Agreement File No. 08-094
Resolution No. 9716
E ,cfusivefy Industriaf
TIP#: 4300
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF VERNON
CFP# 4300
AMENDMENT NO. 2
MOU.P0004300
AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 2 to Memorandum of Understanding (this "Amendment"), is dated as
of August 8, 2008, by and between the City of Vernon ("Grantee"), and the Los Angeles
County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. Grantee and LACMTA entered into that certain Memorandum of
Understanding No. MOU.P0004300, dated December 1, 2004, which was amended on May
3, 2007, (as amended, the "Existing MOU"), which Existing MOU provides for the I-710
Atlantic/ B andini Interchange Improvements, Phase I; and
B. Whereas, LACMTA Board on July 24, 2008, desires to extend the
lapsing date of funds programmed for ALL programmed Fiscal years to June 30, 2009; and
C. Grantee and LACMTA desire to amend the Existing MOU as provided
herein.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part 2, Paragraph 8.1(iv) of the Existing MOU is hereby amended by
deleting it in its entirety and replacing it with the following: "ALL programmed years are
subject to lapse on June 30, 2009. Grantee shall expend these Funds by the lapsing date."
2. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Rev: 08.13.08 1 MOU Amendment Lapsing Date Extensions
TIP#: 4300
CFP# 4300
AMENDMENT NO. 2
MO U. P0004300
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be duly
executed and delivered as of the above date.
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
Roger Snoble
Chief Executive Officer
Approved as to form:
Raymond G. Fortner, Jr.
County Counsel
i-A
CITY OF VERNON
By:
z�
--onis C. Malbur
M yor
Attest:
anuela Giron
City Clerk
Approy
Date:
Date:
Date:
Date:
Date
9soy
Rev: 08.13.08 2 MOU Amendment Lapsing Date Extensions
of vFR
APPROVED OCT 0 6 '08 CITY COUNCIL
sVELYiN9J _
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Eric T. Fresch, City Administrator CIT��C ERR STRIB 1QN
FROM: Samuel Kevin Wilson, irector of Community Services & Wat
DATE: September 9, 2008
SUBJECT: 26th Street Bridge and Street Improvement, Contract No. 575 — Metropolitan
Transportation Authority (MTA) — Agreement for Supplemental Funds
Amendment No. 2 TM
The City of Vernon entered into a Letter of Agreement (LOA), dated February 2001, with the
MTA that provided Federal Funds for this project. Federal Funds were used to secure the right of way
for the project and to pay for the design plans and specifications. However, Federal Funds were not
made available for the construction portion of this project by the State of California. The construction
portion.of this project will extend 26th Street over Atlantic Blvd. to Bandini Blvd. The City of Vernon
subsequently secured MTA Proposition C funds for the construction portion of this project through
Amendment No. 1 to the LOA and a Memorandum of Understanding (MOU), in the amount of
$2,437,000.00, in December 2004 (signed by MTA in March 2005). In October 2006, the City of
Vernon applied to the MTA for $941,000.00 in additional Proposition C funding and was granted the
requested additional funding in May 2007 through Amendment No. 1 to the Memorandum of
Understanding..
The Amendment No. 1 to the Memorandum of Understanding seta date for expenditure of
funds to be June 2008. Unfortunately, due to the delays caused by unexpected underground facilities
and inclement weather during the construction, the project extended beyond this date. The City of
Vernon requested an extension of time for the expenditure of funds and the MTA granted this delay
through an Amendment No. 2 to the MOU. The new amendment sets a time for expenditure of funds
to be June 2009. Amendment No. 2 to the MOU has been approved as to form by the MTA Counsel
and the City Attorney of the City of Vernon. I recommend that the Amendment No. 2 to the
Memorandum of Understanding be approved, the City Clerk attest and Mayor be authorized to sign.
SKW/sn
Enclosure
C: Jeff Harrison; City Attorney