Resolution No. 2010-158RESOLUTION NO. 2010-158;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
ASSURANCES AND UNDERSTANDINGS FOR THE RECEIPT AND
USE OF PROPOSITION A AND PROPOSITION C FUNDS
WHEREAS, the City receives approximately $2,400.00 annually
in Proposition A and Proposition C funds for public transit funds from
the Los Angeles Metropolitan Transportation Authority ("Metro"); and
WHEREAS, Metro has requested that the City of Vernon execute
certain assurances and understandings regarding the receipt and use of
Proposition A and Proposition C Funds ("Agreement") pursuant to
Metro's Local Return Program Guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained.hereinabove
are true and correct.
SECTION 2 The City Council of the City of Vernon hereby
approves the Agreement, a copy of which is attached hereto as
Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed copy of the Agreement to Metro.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this Resolution, and
the City Clerk of the City of Vernon shall cause this Resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 1s.t day of November, 2010.
Name:2ales
Title: Mayo r
ATT T:
Willard O(-:Y&m7fgu City Clerk
OPM
STATE OF CALIFORNIA )
1 ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-158, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, November 1, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 46 day of November, 2010, at Vernon, California.
(SEAL)
c
illard Y a u i, City Clerk
_3
EXHIBIT A
APPENDIX H
ASSURANCES AND UNDERSTANDINGS REGARDING
RECEIPT AND USE OF PROPOSITION A and PROPOSITION C FUNDS
The undersigned, in conjunction with the receipt of funds derived from the one-half cent sales tax imposed by
Ordinance No. 16 (Proposition A) and the one-half cent sales tax imposed by the Proposition C Ordinance of
the Los Angeles County Metropolitan Transportation Authority (Metro), and as required by Metro's Local
Return Program Guidelines, hereby provides the following assurances and understandings.
A. The undersigned hereby assures Metro:
That the Proposition A and Proposition C funds will not be substituted for property tax funds
which are currently funding existing public transportation programs;
That Proposition A and Proposition C funds will be used for public transit purposes as defined
in Metro's Local Return Program Guidelines;
3. That the undersigned will submit to Metro a description of the use of funds:
a. For service expansion or new service: at least 60 days before encumbrance of funds;
b. For other projects: at least 30 days before encumbrance of funds;
C. Annually, by August V of each year, an update of previously approved projects;
d. Annually, by October 15'' of each year, an update of the prior year's expenditures;
4. Any proposed use of funds will not duplicate or compete with any existing publicly -funded
transit or paratransit service;
5. That Proposition A and Proposition C funds will be expended by the date that is three years
from the last day of the fiscal year in which funds were originally allocated;
6. Unless otherwise required by Metro, an audit certified by a Certified Public Accountant, will
be conducted by Metro within 180 days of the close of the fiscal year;
7. That the description of the intended use of the funds, as submitted to Metro, is an accurate
depiction of the project to be implemented;
8. That a 25 percent change in project scope or financing for those projects' defined in the
Guidelines will be submitted to Metro at least 60 days before that change in scope is
implemented;
9. That all projects proposed for Proposition A and Proposition C funding will meet the legal
requirements of the Proposition A and Proposition C Ordinances and Metro's Local Return
Program Guidelines criteria.
37 Proposition A and Proposition C
Local Return Guidelines 2007 Edition
B. The undersigned further understands and Wees:
1. That Metro will require the undersigned to return any Proposition A and Proposition C funds and
may impose interest penalties on. any expenditure found to be illegal or improper under the terms
of the Proposition A and Proposition C Ordinance or the Metro's Local Return Program
Guidelines;
2. That the undersigned will; for projects to be funded in part or in whole with Proposition A and/or
Proposition C funds, comply with all applicable federal, state, and local laws and regulations,
including without .limitation: American With Disabilities Act (ADA), CEQA and NEPA,
affirmative action, transit accessibility and public health and safety requirements and fair labor
practices;
3. That the undersigned will either utilize the State Controller's Uniform System of Accounts and
Records to accommodate uses and disbursements of Proposition A and Proposition C funds or
will establish a separate Proposition A and Proposition C Local Transit Assistance accounting
system which will allow financial and compliance audits of Proposition A and Proposition C
funds transactions and expenditures to be conducted;
4. That any Proposition A and Proposition C funds not expended within the year of receipt of funds
. plus three years thereafter will be returned to Metro upon request therefrom.
IN WITNESS WHEREOF the undersigned has executed this "Assurances and Understandings
Regarding Receipt and Use of -Proposition A and Proposition C Funds" this day of November ,
20_0by its duly authorized officer:
CITY OF Vernon
BY
(Title)
DATE
ATTEST:
Willard G. Yamaguchi, City Clerk
38 Proposition A and Proposition C
Local Return Guidelines 2007 Edition
�a
ONCE OF THE CITY CLERK
4305 Santa Pe Avenue, Vernon, CAifomia 90058
Telephone (323) 583-8811
November 4, 2010
Susan Richan, Program Manager
LACMTA
One Gateway Plaza (MS 99-23-4)
Los Angeles, CA 90012
Re: Assurances and Understandings for the Receipt and Use of Proposition. A and Proposition
C Funds
Dear Ms. Richan:
Transmitted herewith is an original of the above -referenced document, approved by City Council
on November 1, 2010, through Resolution No. 2010-158.
If you have any questions regarding this matter, please contact Mr. Kevin Wilson at (323) 583-
8811 ext. 245.
Very, ly yours,
WILLARD G. YA UC
City Clerk
WGY:dj
Enclosure
c: S. Kevin Wilson
Resolution No. 2010-158
Agreement No. 10-078
Exchusively Industriaf
APPENDIX H
ASSURANCES AND UNDERSTANDINGS REGARDING
RECEIPT AND USE OF PROPOSITION A and PROPOSITION C FUNDS
The undersigned, in conjunction with the receipt of funds derived from the one-half cent sales tax imposed by
Ordinance No. 16 (Proposition A) and the one-half cent sales tax imposed by the Proposition C Ordinance of
the Los Angeles County Metropolitan Transportation Authority (Metro), and as required by Metro's Local
Return Program Guidelines, hereby provides the following assurances and understandings.
A. The undersigned hereby assures Metro:
1. That the Proposition A and Proposition C funds will not be substituted for property tax funds
which are currently funding existing public transportation programs;
2. That Proposition A and Proposition C funds will be used for public transit purposes as defined
in Metro's Local Return Program Guidelines;
3. That the undersigned will submit to Metro a description of the use of funds:
a. For service expansion or new service: at least 60 days before encumbrance of funds;
b. For other projects: at least 30 days before encumbrance of funds;
C. Annually, by August I` of each year, an update of previously approved projects;
d. Annually, by October 15'h of each year, an update of the prior year's expenditures;
4. Any proposed use of funds will not duplicate or compete with any existing publicly -funded
transit or paratransit service;
5. That Proposition A and Proposition C funds will be expended by the date that is three years
from the last day of the fiscal year in which funds were originally allocated;
6. Unless otherwise required by Metro, an audit certified by a Certified Public Accountant, will
be conducted by Metro within 180 days of the close of the fiscal year;
7. That the description of the intended use of the funds, as submitted to Metro, is an accurate
depiction of the project to be implemented;
8. That a 25 percent change in project scope or financing for those projects defined in the
Guidelines will be submitted to Metro at least 60 days before that change in scope is
implemented;
9. That all projects proposed for Proposition A and Proposition C funding will meet the legal
requirements of the Proposition A and Proposition C Ordinances and Metro's Local Return
Program Guidelines criteria.
37 Proposition A and Proposition C
Local Return Guidelines 2007 Edition
B. The undersigned further understands andagrees:
1. That Metro will require the undersigned to return any Proposition A and Proposition C funds and
may impose interest penalties on. any expenditure found to be illegal or improper under the terms
of the Proposition A and Proposition C Ordinance or the Metro's Local Return Program
Guidelines;
2. That the undersigned will, for projects to be funded in part or in whole with Proposition A and/or
Proposition C funds, comply with all applicable federal, state, and local laws and regulations,
including without limitation: American With Disabilities Act (ADA), CEQA and NEPA,
affirmative action, transit accessibility and public health and safety requiremepts and fair labor
practices;
3. That the undersigned will either utilize the State Controller's Uniform System of Accounts and
Records to accommodate uses and disbursements of Proposition A and Proposition C funds or
will establish a separate Proposition A and Proposition C Local Transit Assistance accounting,
system which will allow financial and compliance audits of Proposition A and Proposition C
funds transactions and expenditures to be conducted;
4. That any Proposition A and Proposition C funds not expended within the year of receipt of funds
plus three years thereafter will be returned to Metro upon request therefrom.
. IN WITNESS WHEREOF the undersigned has executed this "Asstyances and Understandings
Regarding Receipt and Use of Proposition A and Proposition C Funds" this .,�`_= day of November ,
201 pby its duly authorized officer:
CITY OF Vernon
BY
(Title)
DATE _ //— d -2^ / D
38 Proposition A and Proposition C
Local Return Guidelines 2007 Edition
Page 1 of 1
Juarez, Debbie
From: Arellano, Claudia
Sent: Wednesday, November 03, 2010 4:44 PM
To: Juarez, Debbie
Subject: RE: Assurances and Understandings Statement - Los Angeles County Metropolitan Transportation
Authority
Hi Deb,
Susan Richan, Program Manager
LACMTA
One Gateway Plaza (MS 99-23-4)
Los Angeles, CA 90012
From: Juarez, Debbie
Sent: Wednesday, November 03, 2010 4:01 PM
To: Arellano, Claudia
Subject: Assurances and Understandings Statement - Los Angeles County Metropolitan Transportation Authority
Hi Claudia. I need the contact information, so that I can mail the document. Thanks
Deborah Suarez
Records 911anagement Assistant
City of Vernon - City Crerk's Office
4305Santa 2eAvenue
Vernon, CA 90058
(323) 583-8811
11 /3/2010
Page 1 of 2
Arellano, Claudia
From: Katrina Gonzales [KGonzales@rwglaw. corn]
Sent: Tuesday, October 05, 2010 4:23 PM
To: Arellano, Claudia
Cc: Laurence S. Wiener; Wilson, Kevin; Muro, Evangelina
Subject: RE: ASSURANCES AND UNDERSTANDINGS STATEMENT
Hi Claudia,
I have reviewed the Assurances and Understandings statement and approve it as to form.
We recommend having the Mayor/Mayor Pro Tern sign this statement because the Metro's Local Return Program
Guidelines characterizes this document as an agreement that binds the City.
Let me know if you have questions or need anything else.
Thanks,
Katrina
From: Laurence S. Wiener
Sent: Tuesday, October 05, 2010 10:25 AM
To: Katrina Gonzales .
Subject: FW: ASSURANCES AND UNDERSTANDINGS STATEMENT
From: Arellano, Claudia[mailto:CArellano@ci.vernon.ca.us]
Sent:. Monday, October 04, 2010 8:00 AM
To: Laurence S. Wiener
Cc: Muro, Evangelina; Wilson, Kevin
Subject: ASSURANCES AND UNDERSTANDINGS STATEMENT
Good morning Mr. Wiener,
10/5/2010
Page 2 of 2
Enclosed herewith for your review is an Assurances and Understandings Regarding Receipt and Use of Proposition A
and Proposition C Funds statement from the Los Angeles Metropolitan Transportation Authority. Thank you.
Claudia Arellano
Assistant to the Director of Community Services
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10/5/2010