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Resolution No. 2012-177RESOLUTION NO. 2012-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A MEASURE R FUNDING AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY REGARDING THE INTERSTATE 710 SOUTH EARLY ACTION PROJECTS WHEREAS, on May 1, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-53'authorizing,the issuance of a request for proposals for the review of the I-710 EIR/EIS on behalf of the City of Vernon; and WHEREAS, on July 10, 2012, the City Council of the adopted Resolution No. 2012-117 accepting the bid of Chambers Group, Inc. ("Chambers") and authorizing the execution of a services agreement with Chambers for the review of the I-710 EIR/EIS on; behalf of the City of Vernon; and WHEREAS, the Los Angeles County Metropolitan Transportation Authority (the "LACMTA") has agreed to fund the review of the I-710 EIR/EIS; and WHEREAS, by memorandum dated August`20, 2012, the Director of Community Services & Water has recommended that the City Council approve and authorize the execution of the Agreement with the LACMTA for the Interstate 710 South Early Action Projects. 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 hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Measure R Funding Agreement (the "Agreement") with Los Angeles County Metropolitan Transportation Authority, in substantially the same form as the copy 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 instructs 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, including but not limited to, any nonsubstantive changes to the Agreement attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send four copies of the executed Agreement to: Los Angeles County Metropolitan Transportation Authority Adrian Alvarez, Project Manager, Highway Program One Gateway Plaza MS: 99-22-09 Los Angeles, CA 90012 _2- 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 4th day of September, 2012. Name: Wi_ liam J. Davis Title: N-.- / Mayor Pro-Tem ATTEST: Ana Barc a De uty ty Clerk -3_ STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Ana Barcia, Deputy City Clerk of. the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-177, 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 Tuesday, September 4, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2012, at Vernon, California.' An B rci ,,_De ty City Clerk (SEAL) r -4_ EXHIBIT A MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 FA.MR306.15 MEASURE R FUNDING AGREEMENT Interstate 710 South Early Action Projects This Funding Agreement ("FA") is dated as of June 29, 2012, and is by and between the. Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Vernon (Grantee) for the Review of the I-710 Draft EIR/EIS (the "Project") - LACMTA Project ID #MR306.15 WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion Ordinance, on July 24, 2008 (the "Ordinance"), which Ordinance was approved by the voters of Los Angeles County on November 4, 2008 as "Measure R" and became effective on January 2, 2009. This project is eligible for funding under Line 37 of the Measure R Expenditure Plan. Measure R authorizes funding for projects for Interstate 710 South and/or Early Action Projects. WHEREAS, LACMTA Board, at its May 16, 2012 meeting authorized the Chief Executive Officer to enter into funding agreements with Gateway Cites Council of Governments and I-710 Corridor Cities for the review of the I-710 Corridor Project Draft Environmental Impact Report/ Environmental Impact Statement ("Project"). WHEREAS, LACMTA programmed $ 57,000 in Measure R Funds (the "Funds") to the Grantee as the maximum allowable grant from LACMTA for the Project; and, NOW THEREFORE, the parties hereby agree as follows: 1. CONDITIONS . 1.1 The Grantee shall use the Funds, as described below, to complete the Project as described in the Scope of Work attached as Attachment A. The Funds, as granted under this FA can only be used towards the completion of this Scope of Work. The Grantee shall not use the Funds to substitute for any other funds or projects not specified in this FA. 1.2 The Grantee shall use the Funds in accordance with the Attachment B Expenditure Plan Guidelines as specified in AttachmentB. 1.3 Grantee shall submit Expenditure Report Attachment C within 30 days after submittal of Comments to the EIR/EIS in accordance with the Attachment A -Scope of Work. 1.4 The Grantee will prepare and submit to LACMTA a Request for Reimbursement for actual allowable Project costs incurred and paid for by the Grantee consistent with the Scope of Work. Advance payments by LACMTA are not allowed. Each Request for Reimbursement shall indicate the total Project costs. Grantee's Request for Reimbursement shall include copies of invoices between Grantee and consultants. 1.5 This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 1.6 The term of this FA shall commence June 29, 2012 and shall terminate on September 28, 2012 — 90 days from the start of the FA, unless extended by LACMTA in writing Grantee must submit final invoice to LACMTA within (30) thirty days from September 28, 2012, the date comments to the EIR/EIS are due. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 1.7 The Grantee shall be subject to and shall comply with all applicable requirements of LACMTA regarding Project reporting. The Grantee shall use the FA number FA.MR.306.15 on all correspondence. 1.8 Unless written notification is otherwise provided by LACMTA, the effective date and start date of reimbursable activities is the June 29, 2012. Actual reimbursement of eligible costs cannot occur until LACMTA and the Grantee execute this agreement. 2. TRANSFER OF FUNDS 2.1 LACMTA shall reimburse the Grantee up to a maximum amount of $57,000 as specified) for the Project subject to the terms and conditions contained herein. 2.2 LACMTA shall transfer the Funds to the Grantee on reimbursement basis only. No advance of Funds shall be allowed. 2.3 The Grantee is responsible for all cost overruns incurred as a result of this Project. Under no circumstances will the total amount of money that LACMTA reimburses the Grantee exceed the amount of the Funds committed by LACMTA. 2.4 LACMTA shall not be responsible to provide any funding in the event the Grant is withdrawn, recalled or not appropriated for any reason. In the event the Grant is closed, the Grantee will reimburse LACMTA any Funds paid by LACMTA. 2.5 Send correspondence to LACMTA shall be addressed to: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza MS: 99-22-09 Los Angeles, CA 90012 Attn: Adrian Alvarez, Project Manager, Highway Program Phone: (213) 922-3001 Email: alvareza@metro.net Send All invoices with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA Project ID# MR.306.15 and FA.MR.306.15 Attn: Adrian Alvarez, MS: 99-22-09 Project Manager, Highway Program 2.6 Payments and notices to the Grantee shall be addressed to: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Finance Department MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 2 Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 3. DEFAULT LACMTA reserves the right to terminate this FA and withhold all payments of Funds in the event of Grantee's breach or default of any term or condition contained in this FA. 4. AUDIT REQUIREMENT 4.1 LACMTA shall have the right to conduct a financial and compliance audit(s) of the Project. Grantee agrees to establish and maintain proper accounting and procurement procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). The Grantee shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. 4.2 Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the project (all collectively referred to as "records") shall be open for inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall include, without limitation, those records deemed necessary by LACMTA to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. 4.3 Grantee shall cause all contractors to comply with the requirements of Paragraph 4.1 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA records which shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, invoices and any other supporting evidence deemed necessary by LACMTA auditors or authorized representatives . related to the Project. MISCELLANEOUS 5.1 California law shall govern this FA. If any provision of this FA 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; unless any of the stated purposes of the FA would be defeated. 5.2 The Grantee shall not assign this FA, or any part thereof, without written consent and prior approval of LACMTA Chief Executive Officer or designee, and any assignment without said consent shall be void and unenforceable. 5.3 This FA constitutes the entire understanding between parties, with respect subject matter herein. This FA shall not be amended, nor any provision or breach hereof waived except in writing signed by the parties. 5.4 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 5.5 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring with any work performed by and or service provided by Grantee, its officers, agents, employees, contractors and subcontractors under this FA. Grantee shall fully indemnify, defend and hold LACMTA, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising of the Project, including, without limitations, (i) misuse of the Funds by Grantee, or its officers, agents, employees, contractors or subcontractors; (ii) breach of the Grantee's obligations under this FA; or (iii) any act or omission of the Grantee, or its officers, agents, employees, contractors or subcontractors in the use of the vehicles, performance of the work or the provision of the services, included, without limitation, the Scope of Work, described in this FA. 5.6 Grantee in the performance of the work required by this FA is an independent contractor and not an agent or employee of LACMTA. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. 5.7 The Grantee shall retain all original records and documents related to the work herein for a period of twelve (12) months after the grant closeout. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 4 Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Date: Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: JOHN,F. KRATTLI County Counsel By: Date: epu GRANTEE: CITY OF VERNON By: Date: William Davis Mayor Pro -Term ATTEST: By Willard G. Yamaguchi City Clerk APPROVED AS TO FORM: By: Willard G. Yamaguchi Chief Deputy City Attorney Date: Date: MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 5 Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR.306.15 Attachment A Scope of Work Project Description: Review of the Interstate 710 Corridor Project draft Environmental Impact Report/Environmental Impact Statement on behalf of the City of Vernon to ensure the projects impacts within the City are properly mitigated, and where possible to suggest improvements to specific mitigation measures, geometric designs which enhance and improve the environs along the 1710 corridor. The City will retain a consultant to assist in this review. The Consultants work will include: The review the EIR/EIS, various traffic studies and geometric design as it pertains to the Vernon area. The geometric design review will be limited to the I-5 freeway to the north and Florence Avenue to the south. The analysis should briefly review the traffic operations of the entire freeway improvements to determine if traffic flows could be improved with minor geometric improvements, but the emphasis of the work shall be on how the improvements will impact either positively or negatively Vernon. Additionally, the review may include construction impacts, how the project will be staged in the Vernon area, a traffic analysis of how the project will impact the City's arterials and collectors, review of storm water runoff controls to ensure compliance with Regional Board standards, how the project may impact emergency services within the City during construction of the project, economic impacts to the community during the construction phase, air quality from increased truck traffic in and out of the intermodal yards and landscape designs amongst other concerns. Tasks include, but are not limited to the following: • Kick off meeting with staff to discuss the City's initial concerns with the project. • Review of the EIR/EIS, including supporting documents and appendices to the EIR/EIS, to determine if the document adequately studies and addresses the impacts to the City of Vernon and that appropriate mitigation is being provided. • Review of the traffic analysis performed for the I-710/ Washington, Blvd., Atlantic/Bandini and Slauson Blvd. interchanges, including traffic data, traffic modeling, and any assumptions or forecasts made are accurate and appropriate and that the level of service findings are correct. • Review of the traffic data or lack of traffic data to determine if adequate analysis was performed on the City's local street network to mitigate any potential concerns that may arise from the project both during construction and after completion. • Review of the geometric designs to ensure the best possible layout was developed for the interchanges serving the Vernon area. • Review of aesthetic approaches to enhance the landscapes in and aroun&Vemon. • Meetings with staff to discuss identified concerns. • Preparation of a comprehensive list of comments regarding items that need further study, impacts that need additional mitigation and suggested improvements to the project that will enhance the design in and around Vernon. • Prepare final comment letter to Caltrans regarding the EIR/EIS. Project Budget: $57,000. Project Schedule: Caltrans has determined comment period for the I-710 Draft EIR/EIS to be 90 days: June 29, 2012 - September 28, 2012. The City of Vernon will submit comments to Caltrans on or before September 28, 2012. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 6 Rev. Date: 06.25.12 Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS State Law Requires All Measure R Project and Program Sponsors to Submit an Expenditure Plan To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project: o The estimated total cost for each project and program and/or each project or program activity; o Funds other than Measure R that the project or program sponsor anticipates will be expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity. Each of the above elements must be provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function), as follows: o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights -of -way, state highways, and below -ground subways versus any other rights -of -way or above -ground work; o A current -year cost estimate breakdown of the major sub -elements of the project such as overhead, environmental and permit work, design and engineering, right- of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stock, and other supporting components; o Any extraordinary project cost escalation issues, such as extraordinary commodity, right-of-way, surety, energy costs, etc.; o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable including a 3 % local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year -of -expenditure dollars; o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and; Rev: 06.25.12 1 Measure R Funding Agreement Review of Draft EIR/EIS Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS o The expected completion by month and year of project or program completion. Below is an excerpt of AB 2321.(2008, Feuer) the state legislation that requires the expenditure plan. What AB 2321 (2008, Feuer) Says About the Expenditure Plan: Section b (3) B (1) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) ofsubdivision (h), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will he available for each project and program. The MTA shall also identifyin its expenditure plan the expected completion dates for each project described in subparagraph (A) ofparagraph (3) of subdivision (h). To he eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to the MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare. (]<) No later than 365. days prior to the adoption ofan amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (t), including, hutnotlimited to, the expenditure plan adopted by the MTA hoard as 'Attachment A"in Ordinance #08-01 adopted by the hoard on My24, 2008, and in addition to any other notice requirements in the proposing ordinance, the hoard shall notify the Members ofthe Legislature representing the County ofLos Angeles ofall ofthe following. (1) A description ofthe proposed amendments to the adopted expenditure plan that would do any of the following. (A) Affect the amount ofnetrevenues derived from the taximposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (B) Affect the schedule for the availability offunds proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (C) Affect the schedule for the estimated or expected completion date ofa capital project or projects identified in the adopted expenditure plan. (2) The reason for the proposed amendment. (3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability offun ding for the capital project or projects contained in the adopted expenditure plan. Rev: 06.25.12 2 Measure R Funding Agreement - Review of Draft EIR/EIS LAC M TA FA ATTACHMENT C Invoice # PROGRESS / EXPENDITURE REPORT Invoice Date . FA# MR306.15 Quarterly Report # GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO P.O. Box #512296, Los Angeles, CA; 90051-0296 after the close of each quarter, but no later than November 30, February 28, May 31 and August 3131. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information. SECTIONQUARTERLY EXPENSE REPORT Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. LACMTA Grant Local Match (Intl. In• Local Match Total Kind) s $ �. $ to , This Quarter Expenditure Retention Amount Net Invoice Amount (Less Retention) . I. Funds Expended to Date (Include this Quarter) Total Project Budget $ 57,000 $ - 0% $ 57,000 % of Project Budget Expended to Date Balance Remaining FA Attachment C Rev: 12.15.08 1 Expenditure Report SECTION•' •PROJECT TITLE: Review of the 1-710 Draft EIR/EIS - City of Vernon FA #: FR.MR306.15 QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: F-12007-2008 ❑ 2008-2009 F-12009-2010 F-12010-2011 ❑ 2011-2012 �X 2012-2013 Quarter: F-JQ1: Jul - Sep Q2: Oct - Dec Q3: Jan - Mar Q4: Apr - Jun DATE SUBMITTED: LACMTA MODAL CATEGORY: EFreeway E RSTISignal Synchronization [:]TDM Bikeway QPedestrian Transit ❑ TEA LACMTA Area Team / Representative Project Name: Adrian Alvarez Area Team: Highway Program Mgr. Phone Number: 213.922.3001 e-mail: alvareza(cDmetro.net Project Sponsor Contact / Project Manager Contact Name: Kevin Wilson, P.E. Job Title`: Director of Community Services & Water Department: Public Works -Building -Water -Planning City / Agency: City of Vernon Mailing Address: 4305 Santa Fe Avenue, Vernon, CA 90058 Phone Number: 323 583-8811 ext. 245 e-mail: kwilson(@ci.vernon.ca.us FA Attachment C Rev: 12.15.08 2 - Expenditure Report List all deliverables and milestones as stated in the MOU, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL MOU MILESTONE START AND END DATES SHOWN IN THE 2 N° AND 3 RD COLUMNS BELOW. Grantees must make every effort to accurately portray milestone dates in the original MOU Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original MOU Scope of Work, indicate the new dates under Actual Schedule below and re -calculate the project duration. However, this does not change the original milestones in your MOU. PER YOUR MOU AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE. FA Milestones Original FA Schedule in Scope of Work Actual Schedule Start Date End Date Start Date End Date 1-710 Draft EIR/EIS available for public Comment 06/29/12 NIA 6/29/2012 N/A Submit Comments to Caltrans 9/28/2012 Total Project Duration (days) 90 FA Attachment C Rev: 12.15.08 3 Expenditure Report �h ���„ h. FA Attachment C Rev: 12.15.08 4 Expenditure Report SECTION 5: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarters expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment A, Scope of Work. Use additional pages if needed. Notes: 1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant. 2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above). Invoice Payment Information: LACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments require, that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107. ACH Request Forms can be found at www.metro.net/callforprojects. Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107. I certify that I am the responsible Project Manager or fiscal officer and representative of and that to the best of my knowledge and belief the information stated in this report is true and correct. Signature Date Name Title FA Attachment C Rev: 12.15.08 5 Expenditure Report OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 5, 2012 Adrian Alvarez Project Manager, Highway Program Los Angeles County Metropolitan Transportation Authority One Gateway Plaza (MS 99-22-09) Los Angeles, CA 90012 Re: Funding Agreement for Review of I-710 Draft EIR/EIS Dear Mr. Alvarez: Transmitted herewith are four originals of the above -referenced funding agreement, approved by City Council on September 4, 2012, through Resolution No. 2012-177. Please return two fully executed original agreements to the undersigned. If you have any questions regarding this matter, please contact Kevin Wilson at (323) 583-8811 ext. 245. Very trul� yours, A De orah R. Juarez Records Management Assistant Enclosures c: S. Kevin Wilson Resolution No. 2012-177 Agreement No. 12-095 oCclusively Indwriat MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 FA.MR306.15 MEASURE R FUNDING AGREEMENT Interstate 710 South Early Action Projects This Funding Agreement ("FA") is dated as of June 29, 2012, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Vernon (Grantee) for the Review of the I-710 Draft EIR/EIS (the "Project") — LACMTA Project ID #MR306.15 WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion Ordinance, on July 24, 2008 (the "Ordinance"), which Ordinance was approved by the voters of Los Angeles County on November 4, 2008 as "Measure R" and became effective on January 2, 2009. This project is eligible for funding under Line 37 of the Measure R Expenditure Plan. Measure R authorizes funding for projects for Interstate 710 South and/or Early Action Projects. WHEREAS, LACMTA Board, at its May 16, 2012 meeting authorized the Chief Executive Officer to enter into funding agreements with Gateway Cites Council of Governments and I-710 Corridor Cities for the review of the I-710 Corridor Project Draft Environmental Impact Report/ Environmental Impact Statement ("Project"). WHEREAS, LACMTA programmed $ 57,000 in Measure R Funds (the "Funds") to the Grantee as the maximum allowable grant from LACMTA for the Project; and, NOW THEREFORE, the parties hereby agree as follows: 1. CONDITIONS 1.1 The Grantee shall use the Funds, as described below, to complete the Project as described in the Scope of Work attached as Attachment A. The Funds; as granted under this FA can only be used towards the completion of this Scope of Work. The Grantee shall not use the Funds to substitute for any other funds or projects not specified in this FA. 1.2 The Grantee shall use the Funds in accordance with the Attachment B Expenditure Plan Guidelines as specified in Attachment B. 1.3 Grantee shall submit Expenditure Report Attachment C within 30 days after submittal of Comments to the EIR/EIS in accordance with the Attachment A -Scope of Work. 1.4 The Grantee will prepare and submit to LACMTA a Request for Reimbursement for actual allowable Project costs incurred and paid for by the Grantee consistent with the Scope of Work. Advance payments by LACMTA are not allowed. Each Request for Reimbursement shall indicate the total Project costs. Grantee's Request for Reimbursement shall include copies of invoices between Grantee and consultants. 1.5 This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 1.6 The term of this FA shall commence June 29, 2012 and shall terminate on September 28, 2012 — 90 days from the start of the FA, unless extended by LACMTA in writing Grantee must submit final invoice to LACMTA within (30) thirty days from September 28, 2012, the date comments to the EIR/EIS are due. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 1.7 The Grantee shall be subject to and shall comply with all applicable requirements of LACMTA regarding Project reporting. The Grantee shall use the FA number FA.MR.306.15 on all correspondence. 1.8 Unless written notification is otherwise provided by LACMTA, the effective date and start date of reimbursable activities is the June 29, 2012. Actual reimbursement of eligible costs cannot occur until LACMTA and the Grantee execute this agreement. 2. TRANSFER OF FUNDS 2.1 LACMTA shall reimburse the Grantee up to a maximum amount of $57,000 as specified) for the Project subject to the terms and conditions contained herein. 2.2 LACMTA shall transfer the Funds to the Grantee on reimbursement basis only. No advance of Funds shall be allowed. 2.3 The Grantee is responsible for all cost overruns incurred as a result of this Project. Under no circumstances will the total amount of money that LACMTA reimburses the Grantee exceed the amount of the Funds committed by LACMTA. 2.4 . LACMTA shall not be responsible to provide any funding in the event the Grant is withdrawn, recalled or not appropriated for any reason. In the event the Grant is closed, the Grantee will reimburse LACMTA any Funds paid by LACMTA. 2.5 Send correspondence to LACMTA shall be addressed to: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza MS: 99-22-09 Los Angeles, CA 90012 Attn: Adrian Alvarez, Project Manager, Highway Program Phone: (213) 922-3001 Email: alvareza@metro.net Send All invoices with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA Project ID# MR.306,15 and FA.MR.306.15 Attn: Adrian Alvarez, MS: 99-22-09 Project Manager, Highway Program 2.6 Payments and notices to the Grantee shall be addressed to: City of Vernon .4305 Santa Fe Avenue Vernon, CA 90058 Attn: Finance Department MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 2 Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 3. DEFAULT LACMTA reserves the right to terminate this FA and withhold all payments of Funds in the event of Grantee's breach or default of any term or condition contained in this FA. 4. AUDIT REQUIREMENT 4.1 LACMTA shall have the right to conduct a financial and compliance audit(s) of the Project. Grantee agrees to establish and maintain proper accounting and procurement procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). The Grantee shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. 4.2 Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the project (all collectively referred to as "records") shall be open for inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall include,, without limitation, those records deemed necessary by LACMTA to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. 4.3 Grantee shall cause all contractors to comply with the requirements of Paragraph 4.1 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA records which shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, invoices and any other supporting evidence deemed necessary by LACMTA auditors or authorized representatives related to the Project. 5. MISCELLANEOUS 5.1 California law shall govern this FA. If any provision of this FA 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; unless any of the stated purposes of the FA would be defeated. 5.2 The Grantee shall not assign this FA, or any part thereof, without written consent and prior approval of LACMTA Chief Executive Officer or designee, and any assignment without said consent shall be void and unenforceable. 5.3 This FA constitutes the entire understanding between parties, with respect subject matter herein. This FA shall not be amended, nor any provision or breach hereof waived except in writing signed by the parties. 5.4 1 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 5.5 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring with any work performed by and or service provided by Grantee, its officers, agents, employees, .contractors and subcontractors under this FA. Grantee shall fully indemnify, defend and hold LACMTA, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person for damage to. or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising of the Project, including, without limitations, (i) misuse of the Funds by Grantee, or its officers, agents, employees, contractors or subcontractors; (ii) breach of the Grantee's obligations under this FA; or (iii) any act or omission of the Grantee, or its officers, agents, employees, contractors or subcontractors in the use of the vehicles, performance of the work or the provision of the services, included, without limitation, the Scope of Work, described in this FA. 5.6 Grantee in the performance of the work required by this FA is an independent contractor and not an agent or employee of LACMTA. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. 5.7 The Grantee shall retain all original records and documents related to the work herein for a period of twelve (12) months after the grant closeout. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 4 Rev. Date: 06.25.12 MEASURE R.MINI FUNDING AGREEMENT FA.MR306.15 IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Date: Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel 1�) By: Date: epu GRANTEE: CITY OF VERNON By: Date: William Davis Mayor Pro -Term ATTEST: / By: f - Date: Ana Barcia, Deputy City Clerk APPROVED AS TO FORM: Date: illard d. Ya ag i Chief Deputy City rney MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 5 Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR.306.15 Attachment A Scope of Work Project Description: Review of the Interstate 710 Corridor Project draft Environmental Impact Report/Environmental Impact Statement on behalf of the City of Vernon to ensure the projects impacts within the City are properly mitigated, and where possible to suggest improvements to specific mitigationmeasures, geometric designs which enhance and improve the environs along the 1710 corridor. The City will retain a consultant to assist in this review. The Consultants work will include: The review the EIR/EIS, various traffic studies and geometric design as it pertains to the Vernon area. The geometric design review will be limited to the I-5 freeway to the north and Florence Avenue to the south. The analysis should briefly review the traffic operations of the entire freeway improvements to determine if traffic flows could be improved with minor geometric improvements, but the emphasis of the work shall be on how the improvements will impact either positively or negatively Vernon. Additionally, the review may include construction impacts, how the project will be staged in the Vernon area, a traffic analysis of how the project will impact the City's arterials and collectors, review of storm water runoff controls to ensure compliance with Regional Board standards, how the project may impact emergency services within the City during construction of the project, economic impacts to the community during the construction phase, air quality from increased truck traffic in and out of the intermodal yards and landscape designs amongst other concerns. Tasks include, but are not limited to the following: • Kick off meeting with staff to discuss the City's initial concerns with the project. • Review of the EIR/EIS, including supporting documents and appendices to the EIR/EIS, to determine if the document adequately studies and addresses the impacts to the City of Vernon and that appropriate mitigation is being provided. • Review of the traffic analysis performed for the I-710/ Washington Blvd., Atlantic/Bandini and Slauson Blvd. interchanges, including traffic data, traffic modeling, and any assumptions or forecasts made are accurate and appropriate and that the level of service findings are correct. • Review of the traffic data or lack of traffic data to determine if adequate analysis was performed on the City's local street network to mitigate any potential concerns that may arise from the project both during construction and after completion. • Review of the geometric designs to ensure the best possible layout was developed for the interchanges serving the Vernon area. • Review of aesthetic approaches to enhance the landscapes in and around`Vernon. • Meetings with staff to discuss identified concerns. • Preparation of a comprehensive list of comments regarding items that need further study, impacts that need additional mitigation and suggested improvements to the project that will enhance the design in and around Vernon. • Prepare final comment letter to Caltrans regarding the EIR/EIS. Project Budget: $57,000. Project Schedule: Caltrans has determined comment period for the I-710 Draft EIR/EIS to be 90 days: June 29, 2012 — September 28, 2012. The City of Vernon will submit comments to Caltrans on or before September 28, 2012. MR -Interstate 710 South Early Action. Projects Review of Draft EIR/EIS 6 Rev. Date: 06.25.12 Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before malting a recommendation to the LACMTA Board to program funds to that project: o The estimated total cost for each project and program and/or each project or program activity; o Funds other than Measure R that the project or program sponsor anticipates will be expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity. Each of the above elements must be provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function), as follows: o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights -of -way, state highways, and below -ground subways versus any other rights -of -way or above -ground work; o A current -year cost estimate breakdown of the major sub -elements of the project such as overhead, environmental and permit work, design and engineering, right- of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stock, and other supporting components; o Any extraordinary project cost escalation issues, such as extraordinary commodity, right-of-way, surety, energy costs, etc.; o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable including a 3 % local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year -of -expenditure dollars; o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and; Rev: 06.25.12 1 Measure R Funding Agreement Review of Draft EIR/EIS Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS o The expected completion by month and year of project or program completion. Below is an excerpt of AB 2321 (2008, Feuer) the state legislation that requires the expenditure plan. What AB 2321 (2008, Feuer) Says About the Expenditure Plan: Section b (3) B () Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) ofsubdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identifyin its expenditure plan the expected completion dates for each project described in subparagraph (A) ofparagraph (3) of subdivision (b). To he eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to the MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare. (Ic) No later than 365 days prior to the adoption ofan amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (1), including, butnotlimited to, the expenditure plan adopted by the MTA board as 'Attachment A"in Ordinance #08-01 adopted by the board on My24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the County ofLos Angeles ofall of the following. (1) A description ofthe proposed amendments to the adopted expenditure plan that would do any ofthe following. - (A) Affect the amount ofnet revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (B) Affect the schedule for the availability offunds proposed to be expended on a capital project orprojects identified in the adopted expenditure plan. (C) Affect the schedule for the estimated or expected completion date ofa capital project or projects identified in the adopted expenditure plan. (2) The reason for the proposed amendment. (3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability offunding for the capital project or projects contained in the adopted expenditure plan. Rev: 06.25.12 2 Measure R Funding Agreement - Review of Draft EIR/EIS LACMTA FA ATTACHMENT C PROGRESS / EXPENDITURE REPORT GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO P.O. Box #512296, Los Angeles, CA 90051-0296 after the close of each quarter,but no later than November 30. February 28, .May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information. SECTIONQUARTERLY EXPENSE REPORT Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. SECTION•- • PROJECT TITLE: Review of the 1-710 Draft EIR/EIS - City of Vernon FA #: FR.MR306.15 QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: [:]2007-2008 El 2008-2009 F-12009-2010 F-12010-2011 ❑ 2011-2012 DR 2012-2013 Quarter: [_�Q1: Jul - Sep Q2: Oct -Dec 7Q3: Jan - Mar Q4: Apr - Jun DATE SUBMITTED: LACMTA MODAL CATEGORY: �X Freeway ❑ RSTI Signal Synchronization E]TDM ❑ Bikeway ElPedlestrian Transit ❑ TEA Rev: 12.15.08 LACMTA Area Team Representative / Project Name: Adrian Alvarez Area Team: Highway Program Mgr. Phone Number: 213.922.3001 e-mail: alvareza(cDmetro.net Project Sponsor Contact / Project Manager Contact Name: Kevin Wilson, P.E. Job Title: Director of Community Services & Water Department: Public Works -Building -Water -Planning City / Agency: City of Vernon Mailing Address: 4305 Santa Fe Avenue, Vernon, CA 90058 Phone Number: 323) 583-8811 ext. 245 e-mail: kwilson(a)ci.vernon.ca.us 2 FA Attachment C Expenditure Report List all deliverables and milestones as stated in the MOU, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL MOU MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW. Grantees must make every effort to accurately portray milestone dates in the original MOU Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original MOU Scope of Work, indicate the new dates under Actual Schedule below and re -calculate the project duration. However, this does not change the original milestones in your MOU. PER YOUR MOU AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE. FA Milestones Original FA Schedule in Scope of Work Actual Schedule Start Date End Date Start Date 'End Date 1-710 Draft EIR/EIS available for public Comment 06/29/12 N/A 6/29/2012 N/A Submit Comments to Caltrans 9/28/2012 Total Project Duration (days) 90 FA Attachment C Rev: 12.15.08 3 Expenditure Report If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay Rev: 12.15.08 FA Attachment C 4 Expenditure Report SECTION 5: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarters expenditures listed on page 1 of this report. All. expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment A, Scope of Work. Use additional pages if needed. Notes: 1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant. 2. All receipts, invoices, and time sheets, attached and Included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above). Invoice Payment Information: LACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.. ACH Request Forms can be found at www.metro.net/califorprojects. Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107. I certify that I am the responsible Project Manager or fiscal officer and representative of and that to the best of my knowledge and belief the information stated in this report is true and correct. Signature Name Date Title Rev: 12.15.08 5 FA Attachment C Expenditure Report MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 FA.MR306.15 MEASURE R FUNDING AGREEMENT Interstate 710 South Early Action Projects This Funding Agreement ("FA") is dated as of June 29, 2012, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Vernon (Grantee) for the Review of the I-710 Draft EIR/EIS (the "Project") — LACMTA Project ID #MR306.15 WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion Ordinance, on July 24, 2008 (the "Ordinance"), which Ordinance was approved by the voters of Los Angeles County on November 4, 2008 as "Measure R" and became effective on January 2, 2009. This project is eligible for funding under Line 37 of the Measure R Expenditure Plan. Measure R authorizes funding for projects for Interstate 710 South and/or Early Action Projects. WHEREAS, LACMTA Board, at its May 16, 2012 meeting authorized the Chief Executive Officer to enter into funding agreements with Gateway Cites Council of Governments and I-710 Corridor Cities for the review of the I-710 Corridor Project Draft Environmental Impact Report/ Environmental Impact Statement ("Project"). WHEREAS, LACMTA programmed $ 57,000 in Measure R Funds (the "Funds") to the Grantee as the maximum allowable grant from LACMTA for the Project; and, NOW THEREFORE, the parties hereby agree as follows: CONDITIONS 1.1 The Grantee shall use the Funds, as described below, to complete the Project as described in the Scope of Work attached as Attachment A. The Funds, as granted under this FA can only be used towards the completion of this Scope of Work. The Grantee shall not use the Funds to substitute for any other funds or projects not specified in this FA. 1.2 The Grantee shall use the Funds in accordance with the Attachment B Expenditure Plan Guidelines as specified in Attachment B. 1.3 Grantee shall submit Expenditure Report Attachment C within 30 days after submittal of Comments to the EIR/EIS in accordance with the Attachment A -Scope of Work. 1.4 The Grantee will prepare and submit to LACMTA a Request for Reimbursement for actual allowable Project costs incurred and paid for by the Grantee consistent with the Scope of Work. Advance payments by LACMTA are not allowed. Each Request for Reimbursement shall indicate the total Project costs. Grantee's Request for Reimbursement shall include copies of invoices between Grantee and consultants. 1.5 This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 1.6 The term of this FA shall commence June 29, 2012 and shall terminate on September 28, 2012 — 90 days from the start of the FA, unless extended by LACMTA in writing Grantee must submit final invoice to LACMTA within (30) thirty days from September 28, 2012, the date comments to the EIR/EIS are due. M R -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 1.7 The Grantee shall be subject to and shall comply with all applicable requirements of LACMTA regarding Project reporting. The Grantee shall use the FA number FA.MR.306.15 on all correspondence. 1.8 Unless written notification is otherwise provided by LACMTA, the effective date and start date of reimbursable activities is the June 29, 2012. Actual reimbursement of eligible costs cannot occur until LACMTA and the Grantee execute this agreement. 2. TRANSFER OF FUNDS 2.1 LACMTA shall reimburse the Grantee up to a maximum amount of $57,000 as specified) for the Project subject to the terms and conditions contained herein. 2.2 LACMTA shall transfer the Funds to the Grantee on reimbursement basis only. No advance of Funds shall be allowed. 2.3 The Grantee is responsible for all cost overruns incurred as a result of this Project. Under no circumstances will the total amount of money that LACMTA reimburses the Grantee exceed the amount of the Funds committed by LACMTA. 2.4 LACMTA shall not be responsible to provide any funding in the event the Grant is withdrawn, recalled or not appropriated for any reason. In the event the Grant is closed, the Grantee will reimburse LACMTA any Funds paid by LACMTA. 2.5 Send correspondence to LACMTA shall be addressed to: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza MS: 99-22-09 Los Angeles, CA 90012 Attn: Adrian Alvarez, Project Manager, Highway Program Phone: (213) 922-3001 Email: alvareza@metro.net Send All invoices with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA Project ID# MR.306.15 and FA.MR.306.15 Attn: Adrian Alvarez, MS: 99-22-09 Project Manager, Highway Program 2.6 Payments and notices to the Grantee shall be addressed to: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Finance Department MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 3. DEFAULT LACMTA reserves the right to terminate this FA and withhold all payments of Funds in the event of Grantee's breach or default of any term or condition contained in this FA. 4. AUDIT REQUIREMENT 4.1 LACMTA shall have the right to conduct a financial and compliance audit(s) of the Project. Grantee agrees to establish and maintain proper accounting and procurement procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). The Grantee shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. 4.2 Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the project (all collectively referred to as "records") shall be open for inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall include, without limitation, those records deemed necessary by LACMTA to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. 4.3 Grantee shall cause all contractors to comply with the requirements of Paragraph 4.1 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA records which shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, invoices and any other supporting evidence deemed necessary by LACMTA auditors or authorized representatives related to the Project. 5. MISCELLANEOUS 5.1 California law shall govern this FA. If any provision of this FA 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; unless any of the stated purposes of the FA would be defeated. 5.2 The Grantee shall not assign this FA, or any part thereof, without written consent and prior approval of LACMTA Chief Executive Officer or designee, and any assignment without said consent shall be void and unenforceable. 5.3 This FA constitutes the entire understanding between parties, with respect subject matter herein. This FA shall not be amended, nor any provision or breach hereof waived except in writing signed by the parties. 5.4 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 5.5 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by Grantee under or in connection with any work performed by and or service provided by Grantee, its officers, agents, employees, contractors and subcontractors under this FA. Grantee shall fully indemnify, defend and hold LACMTA, and its subsidiaries and their respective officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising of the Project, including, without limitations, (i) use of the Funds by Grantee, or its officers, agents, employees, contractors or subcontractors; (ii) breach of the Grantee's obligations under this FA; or (iii) any act or omission of the Grantee, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this FA. 5.6 Grantee in the performance of the work required by this FA is an independent contractor and not an agent or employee of LACMTA. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. 5.7 The Grantee shall retain all original records and documents related to the work herein for a period of twelve (12) months after the grant closeout. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By:Date: T. Leah ief Executive Officer APPROVED AS TO FORM: JOHN F. KRATTLI County C AM nsel By ep ty GRANTEE: CITY OF VERNON r Date: ©/"Yl'lz_ By: Date: b r 5 _ k -Z William Davis Mayor Pro -Term ATTEST: By: - I Date: W2tw&SXYXfflqg&kX Ana Barcia, Deputy Cit Clerk N V&k=X;04WX=4XW)661 �iX APPROVED AS W)FORM: By:/A` s llard G. Ya a chi Chief Deputy Ci A rney Date: T 14 1, , MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 5 Rev. Date: 06.25.12 MEASURE R MINI FUNDING AGREEMENT FA.MR306.15 Attachment A Scope of Work Project Description: Review of the Interstate 710 Corridor Project draft Environmental Impact Report/Environmental Impact Statement on behalf of the City of Vernon to ensure the projects impacts within the City are properly mitigated, and where possible to suggest improvements to specific mitigation measures, geometric designs which enhance and improve the environs along the 1710 corridor. The City will retain a consultant to assist in this review. The Consultants work will include: The review the EIR/EIS, various traffic studies and geometric design as it pertains to the Vernon area. The geometric design review will be limited to the I-5 freeway to the north and Florence Avenue to the south. The analysis should briefly review the traffic operations of the entire freeway improvements to determine if traffic flows could be improved with minor geometric improvements, but the emphasis of the work shall be on how the improvements will impact either positively or negatively Vernon. Additionally, the review may include construction impacts, how the project will be staged in the Vernon area, a traffic analysis of how the project will impact the City's arterials and collectors, review of storm water runoff controls to ensure compliance with Regional Board standards, how the project may impact emergency services within the City during construction of the project, economic impacts to the community during the construction phase, air quality from increased truck traffic in and out of the intermodal yards and landscape designs amongst other concerns. Tasks include, but are not limited to the following: • Kick off meeting with staff to discuss the City's initial concerns with the project. • Review of the EIR/EIS, including supporting documents and appendices to the EIR/EIS, to determine if the document adequately studies and addresses the impacts to the City of Vernon and that appropriate mitigation is being provided. • Review of the traffic analysis performed for the I-710/ Washington Blvd., AtlanticBandini and Slauson Blvd. interchanges, including traffic data, traffic modeling, and any assumptions or forecasts made are accurate and appropriate and that the level of service findings are correct. • Review of the traffic data or lack of traffic data to determine if adequate analysis was performed on the City's local street network to mitigate any potential concerns that may arise from the project both during construction and after completion. • Review of the geometric designs to ensure the best possible layout was developed for the interchanges serving the Vernon area. • Review of aesthetic approaches to enhance the landscapes in and around Vernon. • Meetings with staff to discuss identified concerns. • Preparation of a comprehensive list of comments regarding items that need further study, impacts that need additional mitigation and suggested improvements to the project that will enhance the design in and around Vernon. • Prepare final comment letter to Caltrans regarding the EIR/EIS. Project Budget: $57,000. Project Schedule: Caltrans has determined comment period for the I-710 Draft EIR/EIS to be 90 days: June 29, 2012 — September 28, 2012. The City of Vernon will submit comments to Caltrans on or before September 28, 2012. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25.12 Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project: o The estimated total cost for each project and program and/or each project or program activity; o Funds other than Measure R that the project or program sponsor anticipates will be expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity. Each of the above elements must be provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County,. and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function), as follows: o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights -of -way, state highways, and below -ground subways versus any other rights -of -way or above -ground work; o A current -year cost estimate breakdown of the major sub -elements of the project such as overhead, environmental and permit work, design and engineering, right - of --way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stock, and other supporting components; o Any extraordinary project cost escalation issues, such as extraordinary commodity, right-of-way, surety, energy costs, etc.; o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable including a 3 % local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year -of -expenditure dollars; o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and; Rev: 06.25.12 I Measure R Funding Agreement - Review of Draft EIR/EIS Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS o The expected completion by month and year of project or program completion. Below is an excerpt of AB 2321 (2008, Feuer) the state legislation that requires the expenditure plan. What AB 2321 (2008 Feuer) Says About the Expenditure Plan: Section h (3) B (f Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) ofsubdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A) ofparagraph (3) of subdivision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to the MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare. (1<) No later than 365 days prior to the adoption ofan amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (t), including, hutnotlimited to, the expenditure plan adopted by the MTA hoard as 'Attachment A "in Ordinance #08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the hoard shall notify the Members ofthe Legislature representing the County ofLos Angeles ofall ofthe following. (1) A description ofthe proposed amendments to the adopted expenditure plan that would do any of the following. (A) Affect the amount ofn e t re ven ues derived from the tax imposed pursuant to this act thatis proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (B) Affect the schedule for the availability offunds proposed to he expended on a capital project or projects identified in the adopted expenditure plan. (C) Affect the schedule for the estimated or expected completion date ofa capital project or projects identified in the adopted expenditure plan. (2) The reason for the proposed amendment.- (3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability offunding for the capital project or projects contained in the adopted expenditure plan. Rev: 06.25.12 2 Measure R Funding Agreement - Review of Draft EIR/EIS LACMTA FA ATTACHMENT C Invoice # PROGRESS / EXPENDITURE REPORT Invoice Date FA# MR306.15 Quarterly Report # GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO P.O. Box #512296, Los Angeles, CA 90051-0296 after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may nQt be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information. SECTIONQUARTERLY EXPENSE REPORT Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. Local Match (Intl. In- LACMTAGrant Kind) Local Match Total $ - - $ �o - $ :Netn".ic. uarter Expenditure on Amount Amount (Less on) Funds Expended to Date.(Include this Quarter) Total Project Budget $ 57,000 $ _ 0% $ 57,000 % of Project Budget Expended to Date Balance Remaining Rev: 12.15.08 FA Attachment C 1 Expenditure Report 2: GENERAL INFORMATIONSECTION PROJECT TITLE: Review of the 1-710 Draft EIR/EIS - City of Vernon FA #: FR.MR306.15 QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: 2007-2008 0 2008-2009 2009-2010 1:12010-2011 F 2011-2012 �X 2012-2013 Quarter: F�Q1: Jul - Sep Q2: Oct- Dec OQ3: Jan - Mar Q4: Apr - Jun DATE SUBMITTED: LACMTA MODAL CATEGORY: OFreeway 0 RSTISignal Synchronization > E]TDM. Bikeway Pedestrian .<.. QTransit TEA LACMTA Area Team Representative i Project Name: Adrian Alvarez Area Team: Highway Program Mgr. Phone Number: 213.922.3001 e-mail: alvareza@metro.net Project Sponsor Contact / Project Manager Contact Name: Kevin Wilson, P.E. Job Title: Director of Community Services & Water Department: Public Works -Building -Water -Planning City / Agency: Cit of Vernon Mailing Address: 4305 Santa Fe Avenue, Vernon, CA 90058 Phone Number: 323 583-8811 ext. 245 - e-mail: kwilsonna ci.vernon.ca.us FA Attachment C Rev: 12.15.08 2 Expenditure Report SECTIONQUARTERLY PROGRESSREPORT List all deliverables and milestones as stated in the MOU, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL MOU MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW. Grantees must make every effort to accurately portray milestone dates in the original MOU Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original MOU Scope of Work, indicate the new dates under Actual Schedule below and re -calculate the project duration. However, this does not change the original milestones in your MOU. PER YOUR MOU AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE. FA Milestones Original FA Schedule in Scope of Work Actual Schedule Start Date End Date Start Date End Date 1-710 Draft EIR/EIS available for public Comment 06/29/12 N/A 6/29/2012 N/A Submit Comments to Caltrans 9/28/2012 Total Project Duration (days) 90 Rev: 12.15.08 3 FA Attachment C Expenditure Report FA Attachment C Rev: 12.15.08 4 Expenditure Report SECTION! LISTING OF • CHARGES THIS QUARTER All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment A, Scope of Work. Use additional pages if needed. Notes: 1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant. 2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).. Invoice Payment Information: tACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107. ACH Request Forms can be found at www.metro.net/callforprojects. Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107. I certify that I am the responsible Project Manager or fiscal officer and representative of and that to the best of my knowledge and belief the information stated in this report is true and correct. Signature Name Date Title FA Attachment C Rev: 12.1S.08 S Expenditure Report Juarez, Debbie From: Wilson, Kevin Sent: Monday, September 10, 2012 8:39 AM To: Juarez, Debbie Subject: RE: LACMTA Funding Agreement for Review of 1-710 Draft EIR/EIS No, I just asked for two. We can dispose of the second one if it is not needed. From: Juarez, Debbie Sent: Wednesday, September 05, 2012 12:12 PM To: Wilson, Kevin Subject: LACMTA Funding Agreement for Review of I-710 Draft EIR/EIS Hi Kevin. I was just reviewing the letter attached to the agreements from Adrian Alvarez of LACMTA and it indicates that the City requested two originals. Do you require one of the fully executed originals to be sent to you once they have been returned? oeOarafi Juarez 12ecords,ManafletttentAssistatat City of Vernon - City CCerCs Office 4305Santa EFe,4venue `Vemon, (4 90058 (323) 583-8811 RECFWED RECEIVED AUJ- 2 0 2012 AU.G 2 2 2012 CITY AutvtiiiSTRUM N Ci 1 Y CLERKS OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTME DATE: August 20, 2012 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Consultant-1710 EIR/EIS Review The City Council at its May 1, 2012 meeting authorized the issuance of a Request for Proposals ("RFP") to seek a consultant to assist the City of Vernon with the review of the 1-710 EIR/EIS. City staff has selected the Chambers Group Inc. to perform the subject work on the City's behalf a cost of approximately $57,000. The Los Angeles County Metropolitan Transportation Authority (MTA) has agreed to fund this consulting work. An agreement with the Chambers Group was approved in July and it has commenced its review of the environmental document and comments are due to Caltrans by end of September. Attached herewith is a Measure R Funding Agreement with MTA for Interstate 710 South Early Action Projects. This agreement will be the tool to reimburse the City for its consultant's costs. The City Attorney's office has reviewed and approved the agreement as to form. It is hereby recommended that the City Council approve the Funding agreement at its next City Council meeting. SKW 4 of V.P GSVf1Y 11i0V4 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark C. Whitworth; City Administrator I FROM: Samuel Kevin Wilson, of Community Services & Water DATE: August 20, 2012 SUBJECT: Consultant-1710 EHVEIS Review The City Council at its May 1, 2012 meeting authorized the issuance of a Request for Proposals ("RFP') to seek a consultant to assist the City of Vernon with the review of the I-110 EIR/EIS. City staff has selected the Chambers Group Inc. to perform the subject work on the City's behalf a cost of approximately $57,000. The Los Angeles County Metropolitan Transportation Authority (MTA) has agreed to fund this consulting work. An agreement with the Chambers Group was approved in July and it has commenced its review of the environmental document and comments are due to Caltrans by the end of September. Attached herewith is a Measure R Funding Agreement with MTA for Interstate 710 South Early Action Projects. This agreement will be the tool to reimburse the City for its consultant's costs. The City Attorney's office has reviewed and approved the agreement as to form. It is hereby recommended that the City Council approve the Funding agreement at its next City Council meeting SKW 1i A JySC YRLY INS CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM --------------- DATE: July 3, 2012 TO: Samuel Kevin. Wilson, Director of community Services & Water FROM: Willard G. Yamaguchi, Chief Deputy City Attorney RE: Memorandum of Understanding - LACMTA I have received and reviewed the Memorandum dated July 2, 2012, and the attachments thereto. The Measure R Mini Funding Agreement for Interstate 710 South Early Action Projects.is approved as to form. WY:em Enclosures OF V.P 1EVERNED v, JUL 0 2 2012 `S"'ELY iHCITY ATTORNEY F T COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Willard Yamaguchi, Deputy City Attorney FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: July 2, 2012 SUBJECT: Memorandum of Understanding - LAMTA The City Council at its May 1, 2012 meeting authorized the issuance of a Request for Proposals ("RFP") to seek a consultant to assist the City of Vernon with the review of the I-710 EIR/EIS. City staff has selected the Chambers Group Inc. to perfonn the subject work on the City's behalf. The Los Angeles County Metropolitan Transportation Authority has agreed to fund this work.. Attached herewith is a Measure R Mini Funding Agreement for Interstate 710 South Early Action Projects. This agreement will be the tool to reimburse the City for its consultant's costs. The MTA will be filling in the blanks. I have given them our typical signature blocks. Can you please review the agreement and approve as to fonn. I am hoping to get this agreement approved by City Council as soon as possible since the EIR has already been released for public review. If you have any questions please feel free to contact me. SKW Enclosure A Los Angeles County Metropolitan Transportation Authority Metro'" August 16, 2012 One Gateway Plaza 213.922.2000 Tel Los Angeles, CA 90012-2952 metro.net AUG 2 0 2012 Kevin Wilson, P.E. OQmmunity Services Director of Community Services & Water Public Works -Building -Water -Planning City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 Re: Funding Agreement for Review of I-710 Draft EIR/EIS M r,,,Xflson: Enclosed is the Funding Agreement between Metro and the City of Vernon for the Review of the I-710 Draft EIR/EIS. The City of Vernon requested 2 original executed agreements, and Metro requires 2 original executed agreements. This FA is being sent to you for processing, along with 4 signature pages. After you obtain the signature from your city, please resubmit the FA, along with the 4 signed signature pages, to my attention. Upon receipt I will submit them for final execution. Upon obtaining Metro CEO's signature, or his designee, I will submit to you the 4 original executed agreements your city requested. If you have any questions, feel free to give me a call. I can be reached at (213) 922-3001. Regards, Adrian Alvarez Project Manager Enclosures MEASURER MINI FUNDING AGREEMENT FA.MR FAM ice=. µ MEASURE R FUNDING AGREEMENT Interstate 710 South Early Action Projects This Funding Agreement ("FA") is dated as of June 29, 2012, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and J (Grantee) for the Review of the I-710 Draft EIR/EIS (the "Project")- LACMTA Project ID #MR 306.05 WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and. Rail Expansion Ordinance, on July 24, 2008 (the "Ordinance"), which Ordinance was approved by the voters of Los Angeles County on November 4, 2008 as "Measure R" and became effective on January 2, 2009. This project is eligible for funding under Line 37 of the Measure R Expenditure Plan. Measure R authorizes funding for projects for Interstate 710 South and/or Early Action Projects. WHEREAS, LACMTA Board, at its May 16, 2012 meeting authorized the Chief Executive Officer to enter into funding agreements with Gateway Cites. Council of Governments and I-710 Corridor Cities for the review of the I-710 Corridor Project Draft Environmental. Impact Report/ Environmental Impact Statement ("Project"). WHEREAS, LACMTA programmed $Y`W in Measure R Funds funding (the "Funds") to the Grantee as the maximum allowable grant from LACMTA for the Project; and, NOW THEREFORE, the parties hereby agree as follows: 1. CONDITIONS 1.1 The Grantee shall use the Funds, as described below, to complete the Project as described in the Scope of Work attached as Attachment A. The Funds, as granted under this FA can only be used towards the completion of this Scope of Work. The Grantee shall not use the Funds to substitute for any other funds or projects not specified in this FA. 1.2 The Grantee shall use the Funds in accordance with the Attachment B Expenditure Plan Guidelines as specified in Attachment B. 1.3 Grantee shall submit Expenditure Report Attachment C within 10 days after submittal of Comments to the EIR/EIS in accordance with the Attachment A -Scope of Work. 1.4 The Grantee will prepare and submit to LACMTA a Request for Reimbursement for actual allowable Project costs incurred and paid for by the Grantee consistent with the Scope of Work. Advance payments by LACMTA are not allowed. Each Request for Reimbursement shall indicate the total Project costs. Grantee's Request for Reimbursement shall include copies of invoices between Grantee and consultants. 1..5 This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 1.6 The term of this FA shall commence upon the date this FA; if not terminated earlier. The term of the FA will end on August 29, 2012 - 60 days from the start of the FA. Grantee must MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 1 Rev. Date: O6.25.12 MEASURER MINI FUNDING AGREEMENT FA.MR FA MR6 MEASURE R FUNDING AGREEMENT Interstate 710 South Early Action Projects This Funding Agreement ("FA") is dated as of June 29, 2012, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and .r (Grantee) for the Review of the I-710 Draft EIR/EIS (the "Project")- LACMTA Project ID #MR 306.OS WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion Ordinance, on July 24, 2008 (the "Ordinance"), which Ordinance was approved by the voters of Los Angeles County on November 4, 2008 as "Measure R" and became effective on January 2, 2009. This project is eligible for funding under Line 37 of the Measure R Expenditure Plan. Measure R authorizes funding for projects for Interstate 710 South and/or Early Action Projects. WHEREAS, LACMTA Board, at its May 16, 2012 meeting authorized the Chief Executive Officer to enter into funding agreements with Gateway Cites. Council of Governments and I-710 Corridor Cities for the review of the I-710 Corridor Project Draft Environmental Impact Report/ Environmental Impact Statement ("Project"). WHEREAS, LACMTA programmed $ 3 °F` in Measure R Funds funding (the "Funds") to the Grantee as the maximum allowable grant from LACMTA for the Project; and, NOW THEREFORE, the parties hereby agree as follows: 1. CONDITIONS 1.1 The Grantee shall use the Funds, as described below, to complete the Project as described in the Scope of Work attached as Attachment A. The Funds, as granted under this FA can only be used towards the completion of this Scope of Work. The Grantee shall not use the Funds to substitute for any other funds or projects not specified in this FA. 1.2 The Grantee shall use the Funds in accordance with the Attachment B Expenditure Plan Guidelines as specified in Attachment B. 1.3 Grantee shall submit Expenditure Report Attachment C within 10 days after submittal of Comments to the EIR/EIS in accordance with the Attachment A -Scope of Work. 1.4 The Grantee will prepare and submit to LACMTA a Request for Reimbursement for actual allowable Project costs incurred and paid for by the Grantee consistent with the Scope of Work. Advance payments by LACMTA are not allowed. Each Request for Reimbursement shall indicate the total Project costs. Grantee's Request for Reimbursement shall include copies of invoices between Grantee and consultants. 1.S This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 1.6 The term of this FA shall commence upon the date this FA; if not terminated earlier. The term of the FA will end on August 29, 2012 - 60 days from the start of the FA. Grantee must MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. Date: 06.25-12 MEASURER MINI FUNDING AGREEMENT FA.MR submit final invoice to LACMTA within (10) ten days from August 29, 2012, the date comments to the EIR/EIS are due. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 2 Rev. Date: 06.25.12 MEASURER MINI FUNDING AGREEMENT FA.MR 1.7 The Grantee shall be subject to and shall comply with all applicable re uirements of LACMTA regarding Project reporting. The Grantee shall use the FA number FA MR....h on all correspondence: 1.8 Unless written notification is otherwise provided by LACMTA, the effective date and start date of reimbursable activities is the June 29, 2012. Actual reimbursement of eligible costs cannot occur until LACMTA and the Grantee execute this agreement. 2. TRANSFER OF FUNDS 2.1 LACMTA shall reimburse the Grantee up to a maximum amount of $�-,__ as specified) for the Project subject to the terms and conditions contained herein. 2.2 LACMTA shall transfer the Funds to the Grantee on reimbursement basis only. No advance of Funds shall be allowed. 2.3 The Grantee is responsible for all cost overruns incurred as a result of this Project. Under no circumstances will the total amount of money that LACMTA reimburses the Grantee exceed the amount of the Funds committed by LACMTA: 2.4 LACMTA shall not be responsible to provide any funding in the event the Grant is withdrawn, recalled or not appropriated for any reason. In the event the Grant is closed, the Grantee will reimburse LACMTA any Funds paid by LACMTA. 2.5 Send correspondence to LACMTA shall be addressed to: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attn: Adrian Alvarez, MS: 99-22-09 Project Manager, Highway Program Phone: (213) 922-3001 Email: alvareza@metro.net ------------------------------------------------------------------------------------- Send All invoices with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. 0. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA Project ID# [INSERT`#'MR] and [FA.MR [INSERT] Atn: Adrian Alvarez, MS: 99-22-09 Project Manager, Highway. Program 2.6 Payments and notices to the Grantee shall be addressed to: City, of MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 3 Rev. Date- 06.25-12 MEASURE R MINI FUNDING AGREEMENT Atlt* FA.MR MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 4 Rev. Date: 06.2.5.12 MEASURER MINI FUNDING AGREEMENT FA.MR 3. DEFAULT LACMTA reserves the right to terminate this FA and withhold all payments of Funds in the event of Grantee's breach or default of any term or condition contained in this FA. 4. AUDIT REQUIREMENT 4.1 LACMTA shall have the right to conduct a financial and compliance audit(s) of the Project. Grantee agrees to establish and maintain proper accounting and procurement procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). The Grantee shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. 4.2 Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the project (all collectively referred to as "records") shall be open for inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessaryby LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall include, without limitation, those records deemed necessary by LACMTA to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. 4.3 Grantee shall cause all contractors to comply with the requirements of Paragraph 4.1 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA records which shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, invoices and any other supporting evidence deemed necessary by LACMTA auditors or authorized representatives related to the Project. S. MISCELLANEOUS 5.1 California law shall govern this FA._If any provision of this FA 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; unless any of the stated purposes of the FA would be defeated. 5.2 The Grantee shall not assign this FA, or any part thereof, without written consent and prior approval of LACMTA Chief Executive Officer or designee, and any assignment without said consent shall be void and unenforceable. 5.3 This FA constitutes the entire understanding between parties, with respect subject matter herein. This FA shall not be amended, nor any provision or breach hereof waived except in writing signed by the parties. SA The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS Rev. bates 06-25,12 MEASURE R MINI FUNDING AGREEMENT FA.MR 5,5 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring with any work performed by and or service provided by Grantee, its officers, agents employees, contractors and subcontractors under this FA. Grantee shall fully indemnify, defend and hold LACMTA, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising of the Project, including, without limitations, (i) misuse of the Funds by Grantee, or its officers, agents, employees, contractors or subcontractors; (ii) breach of the Grantee's obligations under this FA; or (iii) any act or omission of the Grantee, or its officers, agents, employees, contractors or subcontractors in the use of the vehicles, performance of the work or the provision of the services, included, without limitation, the Scope of Work, described in this FA. 5.6 Grantee in the performance of the work required by this FA is an independent contractor and not an agent or employee of LACMTA. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. 5.7 The Grantee shall retain all original records and documents related to the work herein for a period of twelve (12) months after the grant closeout. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 6 Rev. Tate: 0625.12 MEASURE R MINI FUNDING AGREEMENT FA.MR IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Date: Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By: Date: Deputy GRANTEE: MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS 7 Rev.Date- 06-25.12 MEASURER MINI FUNDING AGREEMENT FA.MR Attachment A Scope of Work Project Description: Project Budget: Project Schedule: Caltrans has determined comment period for the I-710 Draft EIR/EIS to be 60 days: June 29, 2012 - August 29, 2012. The City of has determined the following milestones, and plans to submit comments to Caltrans on or before August 29, 2012. MR -Interstate 710 South Early Action Projects Review of Draft EIR/EIS R Rev. Date: 06.25.12