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Item 9 - CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATA BASEAGENDA ITEM NO.9 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: August 16, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATA BASE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for collecting and reporting data for the National Transit Database (NTD), in substantially the form as attached and in such final form as approved by the City Attorney. BACKGROUND: After data reporting was required by Congress in 1974, the Federal Transit Administration's (FTA) NTD was set up to be the repository of data about the financial, operating and asset conditions of American transit systems. The NTD records the financial, operating, and asset conditions of transit systems helping to keep track of the industry and provide public information and statistics. The NTD is designed to support local, state and regional planning efforts and help governments and other decision -makers make multi -year comparisons and perform trend analyses. It contains a wealth of information such as agency funding sources, inventories of vehicles and maintenance facilities, safety event reports, measures of transit service provided and consumed, and data on transit employees. FTA uses NTD data to apportion funding to urbanized and rural areas in the United States. Transit agencies report data on a number of key metrics including Vehicle Revenue Miles (VRM), Vehicle Revenue Hours (VRH), Passenger Miles Traveled (PMT), Unlinked Passenger Trips (UPT), and Operating Expenses (OE). On November 14, 1980, the voters of the County of Los Angeles approved Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes. At its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency's reported data. Annually, City staff report data collected by its transit contractor into the NTD. DISCUSSION: At its September 24, 2020 Board meeting, LACMTA approved the Fiscal Year (FY) 2020-21 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2018-19. It also included supplemental funding as Coronavirus Aid, Relief, and Economic Security (CARES) Act (2020) Equivalent funds to support transportation programs that are impacted by the COVID-19 crisis. Based on its participation in the program, West Covina may invoice LACMTA in the amount $144,264 This amount is determined by the amount of Vehicle Revenue Miles and the FTA Unit Rate of $0.434030161. Vehicle Revenue Miles are the miles a vehicle travels while in revenue service. This excludes travel to and from storage facilities, training operators prior to revenue service, road tests and deadhead travel, as well as school bus and charter services. The City was allocated an additional $46,485 through CARES Act funding to address impacts of COVID-19. Except for Fund Exchange, these funds may be used for all other regular Proposition A -eligible transportation activities. In FY 2022-23, funds were budgeted for professional services in anticipation of procurement of transit services. OPTIONS: The City Council has the following options: 1. Approve the recommendation; or 2. Provide alternative direction. Prepared by: Kelly McDonald, Public Services Manager Fiscal Impact FISCAL IMPACT: Once the memorandum of understanding is executed, the City may invoice for payment in the amount of $144,246. The funds will be deposited in Fund 121 - Proposition A. Attachments Attachment No. 1 - MOU with LACMTA - Prop A Incentive NTD Voluntary CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness Maintain Good Intergovernmental Relations Achieve Fiscal Sustainability and Financial Stability ATTACHMENT NO. 1 MOUPAIWECO21000 PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2019 This Memorandum of Understanding (MOU) is entered into as of March 1, 2021 by and between Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of West Covina (the "City"). WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency's reported data; and WHEREAS, at its September 24, 2020 Board meeting, LACMTA approved the Fiscal Year FY 2020-21 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2018-19. It also included supplemental funding for the City as CARES Act Equivalent funds to support transportation programs that are impacted by the COVID-19 crisis; and WHEREAS, the City has voluntarily submitted their FY2018-19 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2018-19 Report Year (the "Project"); and WHEREAS, on December 27, 2020, the Federal Transit Administration (FTA) published in the Federal Register the FY 2020-21 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project. NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures: ARTICLE 1. TERM MOU 19 Agreement NTD Prop A MOUPAIWECO21000 1.0 This Memorandum of Understanding ("MOU") will be in effect from March 1, 2021, through June 30, 2024 at which time all unused funds shall lapse. ARTICLE 2. STANDARDS 2.0 To receive payment for the submittal of the FY 2018-19 NTD statistics, the City warrants that it: A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements; B. Prepared and submitted the FY 2018-19 ANNUAL NTD REPORT of the City's fixed -route and/or demand response transit service to the LACMTA on or before October 31, 2019; ARTICLE 3. PAYMENT OF FUNDS TO CITY 3.0 LACMTA shall pay the City for collecting and reporting FY 2018-19 NTD statistics. LACMTA shall pay the City for submitting the FY 2018-19 ANNUAL NTD REPORT for the applicable transit services as follows: MOTOR BUS SERVICE For City's motor bus service, LACMTA shall pay an amount equal to the 164,469 revenue vehicle miles reported by the City multiplied by the FTA unit value of $ 0.434030161 per revenue vehicle mile. See Attachment A for detail. DIAL -A -RIDE SERVICE For City's dial -a -ride service, LACMTA shall pay an amount equal to the 60,810 revenue vehicle miles reported by the City multiplied by the FTA unit value of $ 0.434030161 per revenue vehicle mile. See Attachment A for detail. CARES ACT EQUIVALENT SUPPLEMENTAL FUNDING LACMTA shall pay up to $ 46,486 in CARES Act equivalent Program Funds to support transit programs that are impacted by the COVID-19 pandemic. 3.1 The City shall submit one invoice to LACMTA prior to June 30, 2024, in the amount of $144,264 in order to receive its payment described above. 3.2 INVOICE BY CITY: Send invoice with supporting documentation to: MOU 19 Agreement NTD Prop A MOUPAIWECO21000 Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 accountspayable@metro.net Re: LACMTA MOU# MOUPAIWECO21000 M.S. Chelsea Meister (99-4-3) ARTICLE 4. CONDITIONS 4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics. 4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City's use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU. 4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise. 4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board. 4.4 These expenditures will be subject to AUDIT as part of LACMTA's annual Consolidated Audit. ARTICLE 5. REMEDIES 5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA. ARTICLE 6. MISCELLANEOUS 6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein. MOU 19 Agreement NTD Prop A MOUPAIWECO21000 6.1 The MOU shall not he amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. ARTICLE 7. CONTACT INFORMATION 7.0 LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Chelsea Meister (99-4-3) 7.1 City's Address: West Covina 1444 W. Garvey Ave. South West Covina,CA 91790 Attn: Kelly McDonald KMcDonald@westcovina.org MOU 19 Agreement NTD Prop A MOUPAIWECO21000 IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to he executed by their duly authorized representatives on the date noted below: CITY: City of West Covina Mayor/City Manager Date: Los Angeles County Metropolitan Transportation Authority Rv STEPHANIE N. WIGGINS Chief Executive Officer Date: APPROVED AS TO FORM: APPROVED AS TO FORM: Legal Counsel Date: RODRIGO A. CASTRO-SILVA County Counsel Date: Deputy MOU 19 Agreement NTD Prop A ATTACHMENTA LACMTA Voluntary NTD Reporting Program for FY19 Using FY21 FTA Formula Programs Apportionment Data Values Jurisdiction MODE Number of Vehicles in Operation Total Vehicle Revenue Miles $ from VRM Tier 11 Operator Deduction CARES Allocation Amount Total ($)Due to Jurisdictio Alhambra MB 9 163,365 70,905.34 8 105,693 45,873.95 5 12,365 5,366.78 6 93,057 40,389.54 6 197,853 85,874.17 2 35,944 15,600.78 1 33,682 14,619.00 5 9,571 4,154.10 3 12,288 5,333.36 2 70,606 30,645.13 2 24,073 10,448.41 3 98,467 42,737.65 3 48,214 20,926.33 14 304,648 132,226.42 (19,585) 11 107,286 46,565.36 1 14,932 6,480.94 7 341,180 148,082.41 8 94,528 41,028.00 5 175,292 76,082.02 10 62,137 26,969.33 5 129,101 56,033.73 2 23,215 10,076.01 4 61,104 26,520.98 1 34,209 14,847.74 5 21,369 9,274.79 7 118,397 51,387.87 16 84,689 36,757.58 2 59,411 25,786.17 7 218,362 94,775.69 6 79,558 34,530.57 3 79,982 34,714.60 10 100,427 43,588.35 5 146,581 63,620.58 13 103,002 44,705.97 1 38,830 16,853.39 6 245,575 106,586.96 7 71,025 30,826.99 1 43,730 18,980.14 1 35,115 15,240.97 2 82,222 35,686.83 4 201,891 87,626.78 1 36,503 15,843.40 28,372 12,314.30 2 55,886 24,256.21 12 72,437 31,439.84 2 78,009 33,858.26 4 135,363 58,751.62 9 8,341 3,620.25 4 49,661 21,554.37 2 32,141 13,950.16 2 24,921 10,816.47 6 216,113 93,799.56 3 24,613 10,682.78 3 20,407 8,857.25 2 116,781 50,686.48 3 42,075 18,261.82 2 Pmr 21,042 9,132.86 5 165,760 71,944.84 9 183,856 79,799.05 5 35,287 15,315.62 4 164,469 71,384.51 4 60,810 26,393.37 4 104,163 45,210 55,520 126,425 Alhambra DR 45,874 Artesia DR (DT) 2,552 7,918 Azusa DR 19,202 59,592 Baldwin Park MB 48,244 134,118 Baldwin Park DR 15,601 Bell MB 11,416 26,035 Bell DT 4,154 Bell DR 5,333 Bellflower MB 30,268 60,913 Bellflower DR 10,448 Bell Gardens MB 19,537 62,275 Bell Gardens DR 54,053 25,220 20,926 Burbank MB 166,694 Calabasas MB 71,785 Calabasas DR 6,481 Carson Carson MB DT 89,908 237,990 41,028 Cerritos Cerritos MB DR 48,993 125,075 26,969 Compton Compton MB DR 26,640 82,674 10,076 Covina Cudahy DR MB 12,609 39,130 11,468 26,316 Cudahy Downey DT MB 9,275 41,408 92,796 Downey DR 36,758 Duarte MB 12,259 38,046 El Monte MB 61,476 156,251 El Monte DR 34,531 Glendora MB 37,227 71,942 Glendora DR 43,588 Huntington Park MB 51,501 115,122 Huntington Park DT 44,706 LACDPWAvocado MB 8,013 24,866 LACDPWELA LACDPWELA MB DR 65,330 171,917 30,827 LACDPWEast Valinda LACDPWKing Medical MB MB 9,024 28,004 7,246 22,487 LACDPWWillowbrook Shuttle LACDPWS.Whittier MB MB 16,966 52,653 41,660 129,287 LACDPWAthens LACDPWLennox MB MB 7,532 23,376 5,855 18,169 LACDPWFloranceFirestone Lakewood MB DR 11,532 35,788 14,947 46,387 Lawndale MB 16,097 49,955 Lynwood MB 27,932 86,684 Malibu DT 1,721 5,341 ManhattemBeach Maywood DR MB 10,248 31,802 11,775 25,725 Maywood DR 10,816 MontereyPark MB 49,674 143,473 MontereyPark DR 10,683 Pico Rivera Rosemead DR MB 4,211 13,068 36,069 86,755 Rosemead Santa Fe Springs DR DR 18,262 4,342 13,475 South Gate MB 72,143 144,088 South Gate DT 79,799 South Pasadena DR 7,281 22,597 WestCovina MB 46,486 117,871 WestCovina DR 26,393 West Holl cod IMB 23,765 68,975 Total 307 5,555,823 2,411,395 (19,585) 3,527,393