jarc - program management plan - metro

Los Angeles County Metropolitan Transportation Authority

Program Management Plan

Job Access and Reverse Commute Program

and

New Freedom Program

FINAL

December 2009

Los Angeles County Metropolitan Transportation Authority Job Access and Reverse Commute (JARC) and New Freedom (NF) Programs

PROGRAM MANAGEMENT PLAN

Table of Contents

Page

1.0 Goals and Objectives ............................................................. 1

2.0 Roles and Responsibilities of LACMTA.................................. 2

2.1 Updating the Coordinated Plan ........................................................... 2

2.2 Coordinating with Stakeholders........................................................... 3

3.0 Eligible Sub-grantees ............................................................. 4

4.0 Funding Eligiblity .................................................................... 5

5.0 Local Funding Requirements ................................................. 5

6.0 Funding Distribution and Project Selection Criteria ................ 6

6.1 Application Cycle................................................................................. 6

6.2 Selection Criteria................................................................................. 7

6.3 Application Evaluation and Scoring..................................................... 8

6.4 Equity of Distribution ........................................................................... 9

6.5 Project Approval and Award................................................................ 9

6.6 Timeline............................................................................................. 10

6.7 Sub-grantees Monitoring ................................................................... 12

7.0 Administration of JARC and NF Programs........................... 12

8.0 Title VI, Section 504, and ADA Compliance......................... 14

9.0 Management of JARC and NF Programs............................. 16

10.0 Performance Measures ..................................................... 17

11.0 Program Management Plan Updates ................................ 18

______________________________________________________________________________________ Program Management Plan – JARC and New Freedom Programs

Appendix

A. Fiscal Year 2008 Application Package

B. Fiscal Year 2008 Evaluation Package

C. JARC Program MOU

D. New Freedom Program MOU


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PROGRAM MANAGEMENT PLAN

1.0 Goals and Objectives

The goal of this Program Management Plan (PMP) is to describe the Los Angeles County Metropolitan Transportation Authority’s (LACMTA) process for managing the Federal Transit Administration (FTA) Job Access and Reverse Commute (JARC) and New Freedom (NF) programs within Los Angeles County. As part of this process, LACMTA intends to fulfill the following objectives:

• Identify, contact and inform public agencies, community organizations and non-profit and private for profit organizations providing service for low income and disabled persons, as to the availability of JARC and NF programs transit grants;

• Establish, promote and conduct an open competitive process for soliciting and evaluating JARC and NF programs funding proposals;

• Assure that proposals selected for funding are responsive to one or more of the needs identified in the Coordinated Public Transit-Human Services Transportation Plan for Los Angeles County (Coordinated Plan);

• Establish the requirements for the selected projects to enter into grant agreements with LACMTA; and,

• Summarize the requirements for managing and reporting the progress for implementing the funded projects.

In terms of establishing the overall goals for providing transportation services to disadvantaged and disabled groups, LACMTA promulgated these goals in the Coordinated Plan. This plan was formally adopted by the LACMTA Board of Directors in January 2008. It was developed in consultation of stakeholder groups including management and staff of human and social service organizations and their clients, public transit agencies, and other government personnel. The LACMTA Board is comprised of thirteen locally elected officials, including the Mayor of Los Angeles and three of his/her appointees, the five Supervisors of Los Angeles County, and four city council members representing the other 87 cities in Los Angeles County. In addition, the Governor appoints one non-voting member, who is currently the Director of the State of California Department of Transportation (Caltrans) District 7 (Los Angeles and Ventura counties). The Board was briefed on the Coordinated Plan during the development process and had the opportunity to comment on the draft document prior to taking the formal action to adopt it in January 2008. The LACMTA Chief Executive Officer (CEO) also apprises the Board on the projects applications recommended for funding, prior to the submission of the grant applications for FTA’s final funding approval.


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In terms of local initiatives, the LACMTA Board has established a locally funded $10 million Immediate Needs Program to provide tokens for the neediest low-income clients within Los Angeles County. This program complements projects funded by the FTA from the JARC and NF programs. In addition, LACMTA’s Board annually reviews and approves close to $100 million in funding support to Access Services, Inc. (ASI), the agency responsible for coordinating and providing the complementary paratransit services required under federal law by the American with Disabilities Act of 1990 (ADA). LACMTA has a designated senior representative, who is a voting member of the ASI Board of Directors and actively participates in ASI’s meetings and program deliberations. This PMP is a living document. It will be updated regularly to incorporate any expansions and enhancements of the JARC and NF programs, as well as any revisions to the programs’ management, requirements, or guidelines.

2.0 Roles and Responsibilities of LACMTA LACMTA is unique among the nation’s transportation agencies as it serves as transportation planner and coordinator, designer, builder and operator for one of the country’s largest, most populous counties. More than 10 million people (nearly one-third of California’s residents) live, work, and recreate within LACMTA’s 1,433-square-mile service area. LACMTA, as the Regional Transportation Planning Agency (RTPA), is responsible for developing the Long Range Transportation Plan for Los Angeles County. LACMTA’s Countywide Planning and Development Department programs and administers funds for a wide array of transportation projects including bikeways and pedestrian facilities, local roads and highway improvements, and goods movement. LACMTA, serving as the pass-through agency, manages and administers FTA programs on behalf of sub-grantees. LACMTA is the Designated Recipient for funds allocated to Los Angeles County from the JARC and NF programs. LACMTA’s role includes administering, managing, and programming these funds, conducting a periodic competitive Solicitation for Proposals, and overseeing the implementation of the projects Other LACMTA’s responsibilities as the Designated Recipient of funds from the JARC and NF programs are relevant to the Coordination Plan and are briefly described below.

2.1 Updating the Coordinated Plan Since 1994 and as provided under California law, ASI is the designated Consolidated Transportation Service Agency (CTSA) for Los Angeles County.


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ASI is responsible for the administration of Access Paratransit, the ADA mandated transportation program for Los Angeles County serving the mobility needs of persons with disabilities. Under an annual Memorandum of Understanding (MOU), LACMTA provides funding support for ASI. As part of its responsibilities under its MOU with LACMTA, ASI updates its service inventory and Action Plan, in compliance with the California Social Services Transportation Improvement Act. The Action Plan was updated and expanded to comply with federal requirements under SAFETEA-LU (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) for developing a coordinated plan focused on the unmet transportation needs of elderly, disabled, and low-income individuals. The Action Plan resulted in the Coordinated Plan, which included four elements:

• An assessment of available transportation service providers, both private and public;

• An assessment of the transportation needs of disadvantaged individuals who may be elderly, disabled, and/or low-income;

• A listing of strategies to address assessed transportation needs and gaps in service; and,

• A priority listing of projects to be implemented based on available resources and feasibility for implementing specific strategies identified.

The Coordinated Plan for Los Angeles County was adopted in January 2008 and is available at http://www.metro.net/projects_studies/coordination_plan.htm. It is SAFETEA-LU compliant and will be updated every three to four years.

2.2 Coordinating with Stakeholders Coordination with stakeholders is heavily emphasized in the Coordinated Plan. This plan lays out various recommended approached for maximizing the potential benefits that can be derived through the coordination of services. As detailed in the Coordinated Plan, a Strategic Planning Committee was established early in the plan’s development process. Among those invited to participate were representatives from major public transportation agencies, cities, human services organizations, County Board of Supervisors, and representatives from similar entities from adjacent counties. In addition to LACMTA and ASI staff, representatives from the following agencies participated in the coordination meetings:

• Los Angeles County Department of Public Social Services. • Eastern Los Angeles Regional Center. • Developmental Disabilities Area Board 10. • Los Angeles Homeless Services Authority.


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• Los Angeles City Commission on Disability. • Pomona Valley Transportation Authority. • Southern California Association of Governments. • ITN Santa Monica (now called ITN Greater LA).

Also, presentations were made to the Los Angeles County Bus Operators Subcommittee and copies of the draft Coordinated Plan were mailed to their members for comments. The LACMTA also emphasizes the coordination of services among the region’s stakeholders and eligible sub-grantees of funding from the JARC and NF programs. Coordination at the local level is required under the guidelines of the JARC and New Freedom programs. Accordingly, applicants must describe their project level coordination arrangements prior to being considered for grant funding. LACMTA also encourages the efforts of the region’s stakeholders to streamline and expand the eligibility of projects and services that could be funded by the JARC and NF programs. For example, ASI is taking the lead and working closely with local and national associations representing the elderly and disabled to pursue legislative proposals to modify regulations in California that currently make it very difficult for social service agencies to obtain reimbursement for non-emergency medical trips that they have to provide for their clients (usually to regional medical facilities located outside the immediate vicinity of the service they provide).

3.0 Eligible Sub-grantees Under the federal guidelines for the JARC and NF programs, the following entities are eligible to apply for projects within Los Angeles County:

• Local governmental agencies. • Public and private transportation providers. • Social service agencies. • Tribal governments. • Non-profit organizations.

To be eligible for funding from the JARC and NF programs, proposed projects must be located or either have an origin or a destination within Los Angeles County. Projects in the area of Santa Clarita may also be eligible for additional funding by submitting an application to Caltrans and competing statewide for the portion of the JARC and NF funds made available to California for areas below 200,000 in population.


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4.0 Funding Eligibility Funding from both JARC and NF programs can be used for planning, capital, or operating costs of services to improve the mobility of the targeted populations. In the case of JARC funds, they are for the purpose of helping low-income individuals access to employment and related activities where existing transit is unavailable, inappropriate, or insufficient. The JARC program also funds reverse commute transit services available to the general public. NF funds support new public transportation services beyond those required by the ADA and also new public transportation alternatives beyond those required under ADA. Under the NF program, “new” service is defined as service that was not in operation prior to August 10, 2005 and did not have an identified funding source as of that same date. 5.0 Local Funding Requirements Federal funds other than those provided by the United States Department of Transportation (USDOT), as well as state, local and private funding or contributions can be used for the local match. Both JARC and NF funds are eligible to support up to 80 percent of the cost of capital and mobility management projects (i.e., 20 percent non-USDOT funds) and up to 50 percent of the net operating costs (i.e., 50 percent non-USDOT funds). Grant funds from either the JARC or NF programs may not be used for the purchase of transit fares or monthly/multi-ride passes. However, the programs support the administration and expenses related to new voucher programs for transportation services offered by human service providers. Only new voucher programs or expansion of existing programs are eligible. Vouchers are an eligible operational expense that requires a minimum of 50 percent of the total cost to be provided from non-USDOT sources. Coordination with other federal programs that may provide support for transportation, such as health and human service programs, are encouraged. The following are examples of potential sources for matching funds:

• State or local funds, such as Proposition C local return funds. • Non-USDOT federal program funds available to support client transportation. • Revenues from contracts with human service agencies. • Income generated from advertising and concessions. • Donations and supportable in-kind contributions. • Volunteer driver programs.

In terms of using donations, in-kind contributions, and volunteer services, LACMTA follows the FTA policies contained in the guidance circulars for the JARC and New Freedom programs (FTA C 9050.1 and FTA C 9045.1), such as those explained in the following excerpts:


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“Non-cash share(s) such as donations, volunteered services, or in-kind contributions are eligible to be counted toward the local match as long as the value of each is documented and supported, represents a cost which would otherwise be eligible under the program, and is included in the net project costs in the project budget.”

As for fare box revenue associated with FTA funded projects, it must be used to reduce the net project cost and can not be used as local match. However, FTA’s guidance on income from contracts to provide human service transportation is:

“Income from contracts to provide human service transportation may be used either to reduce the net project cost (treated as revenue) or to provide local match for JARC operating assistance. In either case, the cost of providing the contract service is included in the total project cost. No FTA program funds can be used as a source of local match for other FTA programs, even when used to contract for service.”

6.0 Funding Distribution and Project Selection Criteria 6.1 Application Cycle

SAFETEA-LU requires that projects and programs to be implemented with funding from the JARC and NF programs to be the outcome of a competitive solicitation for grant applications. The FTA provides some flexibility with the process itself. The competition may be held annually or at intervals up to three years, as determined by the Designated Recipient (i.e., LACMTA) and based on local needs. Given that JARC and NF funds have been authorized under SAFETEA-LU through FY 2009, LACMTA will issue Solicitation for Proposals as needed to fund eligible projects and programs and to avoid the lapsing of any funds that are not obligated in a timely manner. JARC and NF funds need to be obligated within the next two federal fiscal years following the fiscal year in which the funds were appropriated by Congress. In this regard, the federal fiscal year starts on October 1 and ends on September 30 of the following year. Any JARC and NF funds remaining from prior fiscal years and which have not lapsed will be combined with funds from the fiscal year in which the Solicitation for Proposals will take place and those funds expected to be made available within the following fiscal year. Accordingly, JARC and NF funds from up to three consecutive fiscal years could be made available for a competitive Solicitation for Proposals. The LACMTA will conduct competitive solicitations for projects and programs at intervals not to exceed three years. This approach will allow the development of more viable and longer-term projects, reduce the administrative cost of the programs, and allow for other efficiencies. It is also the intent of this maximum interval to coincide with the reauthorization of enabling legislation by Congress, which historically has been every six years. Solicitation for Proposals for the JARC and NF programs may be released concurrently or at different intervals.


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During Fiscal Year 2006 and Fiscal Year 2009, SAFETEA-LU made available about $36.3 million in JARC and NF funds to fund projects and programs in Los Angeles County resulting from competitive solicitations for proposals. About $25.5 million of this total is anticipated from the JARC Program and the remaining $10.8 million is estimated from the NF Program. LACMTA intends to authorize project expenses annually, contingent upon the levels of federal appropriations expected to be made available by Congress each fiscal year. The awarding and programming of prior JARC and NF program grant funds will be prioritized for obligation in the most current competitive Solicitation for Proposals to avoid lapsing. LACMTA has successfully conducted Solicitation for Proposals in 2007 and 2008. LACMTA released a third Solicitation for Proposals in October 2009 to allocate any JARC and NF funding remaining from SAFETEA-LU. Future solicitations for proposals will be contingent on the availability of funds and approval of new legislation by Congress. 6.2 Selection Criteria

Consistent with the goals of the JARC and New Freedom programs, the FTA program guidelines, and the needs identified in the Coordinated Plan, proposals will be solicited in the following areas (but may not be eligible under both programs):

a. Regional Coordination of Infrastructure

• Establish a Regional Mobility Management capability within Los Angeles County (or a portion of it) to coordinate specialized transportation services.

• Develop organizational capabilities for recruiting and training volunteers within the various social service agencies to coordinate the provision of transportation.

• Develop joint training activities to bring together transit providers and humans services personnel to identify coordinated/mutually supportive operations.

• Demonstrate how coordination of transportation services and activities can improve the quality and quantity of non-emergency transportation services in a more cost-effective manner.

b. Building Capacity

• Coordinate projects with entities outside the applicant’s immediate service area, where longer trips are needed to access major medical and related facilities.

• Add capacity to existing transportation services or expand service hours to provide needed late evening or weekend service.

• Train volunteer drivers and establish mileage reimbursement programs. • Provide transit improvements such as bus shelters. • Establish transportation subsidy/voucher programs using modern technology. • Develop shuttle services to help access public transit systems where needed. • Develop door-through-door service options for needy clients.


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c. Information Portals

• Develop web-based information systems to assist users in identifying and selecting eligible transportation services and in determining the eligibility requirements, costs, and schedules for such services.

• Develop computerized information and training systems for social service agency employees to help them arrange for the most cost-effective social service transportation options.

• Develop distribution systems to provide updated transportation information to social service agencies.

d. Mobility Management and Coordination

• Develop a pilot transportation services brokerage program in a limited geographic region to demonstrate the viability of a single entity to screen, qualify, and assign social service agency clients to the most cost-effective transportation options, while still providing an adequate level of service.

• Demonstrate coordination among adjacent jurisdictions to facilitate access for clients to facilities located outside their immediate local service area.

• Establish a reporting and evaluation program to assess the effectiveness of implementing brokerage programs on a wider scale.

6.3 Application Evaluation and Scoring

A panel comprised of representatives from agencies, such as regional transportation planning agencies, metropolitan planning organizations, transit operators, citizen advisory groups, and social service agencies, will evaluate the applications based on established criteria. A list of agencies with representatives in the evaluation panel will be posted at http://www.metro.net/projects_studies/jarc/default.htm. A copy of the application package and corresponding evaluation package used in the 2008 Solicitation for Proposals are included in the Appendix. The following is a summary of the main evaluation criteria:

• Degree to which an application meets the goals of the JARC and/or NF programs, is responsive to the needs identified in the Coordinated Plan and the evaluation criteria set in the Solicitation for Proposals, and meets FTA requirements. Only applications meeting these requirements will be considered for further evaluation, ranking, and funding recommendation.

• Completeness and viability of the proposal’s financial plan and implementation schedule.

• Evidence of coordination with other agencies needing or providing transportation services (e.g., vehicle sharing, purchase of services, joint dispatch, etc.).

• Projects meeting critical needs in a cost-effective manner in areas that currently lack or have only minimal transportation services for the target population.


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• Proposals to increase operating efficiencies enabling the projects to provide expanded services with fixed or limited funding support.

• Projects that are viable and sustainable beyond the grant funding period. LACMTA has hired a dedicated Program Manager and supporting staff to oversee and improve coordination of the JARC and New Freedom programs, encourage participation from potential sub-grantees and stakeholders, and improve the effectiveness of project applications. Staff responsibilities include technical assistance, including: i) conducting pre-application workshops (together with Caltrans when possible); ii) advising project sponsors on how to improve the quality/viability of their proposals; iii) assisting applicants with the development of budgets, tracking expenditures and reimbursements, and setting performance goals; and iv) preparing agreements between LACMTA and it’s sub-grantees. 6.4 Equity of Distribution

Beyond the broad outreach and consultation process undertaken during the development of the Coordinated Plan and the representation of the various provider and user groups on the evaluation panel, the Solicitation for Proposals will be widely publicized and disseminated directly to the agencies providing or needing specialized transportation services in Los Angeles County. The information will also be disseminated through the meetings between the Bus Operators Subcommittee and LACMTA. Information relevant to Solicitation for Proposals, including project awards, workshops, and application guidelines and forms, will also be made available at LACMTA’s website at http://www.metro.net/projects_studies/jarc/default.htm. As part of the application process, LACMTA will provide technical assistance to agencies that may not be experienced in the preparation of transportation project proposals, including social agencies providing or funding transportation services. In addition, LACMTA will attempt to hold joint application workshops with Caltrans to ensure agencies have equal access to JARC and NF program information, particularly funding opportunities and Solicitation for Proposals requirements. In this regard, some agencies (such as the City of Santa Clarita) are eligible to apply for JARC and NF funding from Solicitation for Proposals conducted by both Caltrans (for rural and small urbanized areas) and LACMTA. Per the evaluation process set by Caltrans, any eligible grant application that is submitted in response to its Solicitation for Proposals will be forward to the corresponding Regional Transportation Planning Agency (RTPA) for evaluation and scoring. Caltrans will then rank all projects and make final funding recommendations. LACMTA is the RTPA for Los Angeles County. 6.5 Project Approval and Award

Proposals will be scored and ranked by a multi-agency evaluation panel, as explained above. LACMTA staff will then submit the list of recommended projects to the CEO for approval. The CEO will notify the Board of the funded projects.


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The next step will be to submit the grant application(s) to the FTA for approval. This process is possible to the action taken in May 2006 by the Board of Directors to delegate to the CEO the authority to select projects, program funding, and file and execute FTA grant applications, agreements and contracts on behalf of the LACMTA to fulfill the responsibilities of the Designated Recipient of funds from the JARC and NF programs. 6.6 Timeline

Award notifications for the JARC and NF programs in response to a Solicitation for Proposals will be posted at http://www.metro.net/projects_studies/jarc/default.htm. Those agencies that were not recommended for funding will be sent letters to inform them of the results of the evaluation process, and in some cases, of any opportunities to revise their proposals for further consideration for funding award. Project sponsors recommended for funding will be sent an award notification letter and a Memorandum of Understanding (MOU) between LACMTA and the project sponsor will be prepared for execution. The MOU will indicate the date of the grant approval by the FTA and the effective date for project implementation. Overall, it may take up to 12 months from the announcement date of the Request of Proposals to the execution of the MOU. This would depend on funding availability, the number of applications received, and whether is going to be an open Solicitation for Proposals or targeted to specific gaps identified in the Coordinated Plan. The following is a tentative schedule for receiving funding awards from the JARC and NF programs:

• Solicitation for Proposals (1 month): posting information at LACMTA website, delivering letters to list of agencies on file, conducting additional outreach through local media, conducting a minimum of one workshop for each one of the JARC and New Freedom programs. It is the responsibility of eligible applicants to keep track of the information posted on LACMTA’s website and to provide and/or their contact information with LACMTA’s Program Manager. Solicitation for Proposals for the JARC program and for the NF program may be released concurrently or at different intervals. It may also be the case that general applications are to be solicited and LACMTA’s Project Manager will determine the funding source (JARC, NF, or both) that better fits the scope of work of the proposal. This results in added flexibility and funding opportunities and decreases the possibility for the lapsing of funds.

• Proposals Due (3 months after release of Solicitation for Proposals): applicants may contact LACMTA’s staff for technical assistance.

• Evaluation of Applications (2 months after proposals are due): the LACMTA may contact the applicant to inquire about the contents of the proposal and may request additional information or clarification.


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The applicant may also be required to provide an oral presentation of its proposal to the evaluation team. Should it be the case that a member of the evaluation panel is from an agency that has submitted a proposal for funding, this member shall not evaluate his/her agency’s application or those of other agencies competing for the same funding source or project type/funding category. This limitation also applies to the LACMTA Program Manager and any LACMTA staff. Depending on the number of eligible proposals for evaluation, it may be necessary to divide the evaluation team in different teams to evaluate different groups of proposals that to the extent possible belong to the same project category.

• Award Notification (1 month after Evaluation of Applications): a letter will be sent to successful applicants with information on the amount and source of the federal award after LACMTA’s CEO apprises the Board on the projects recommended for funding. It will also include a request to confirm, in written, the acceptance of the award and the availability and source of the local match.

• FTA Grant Application and Approval (2 months after Award Notification): LACMTA staff will prepare and submit the grant application to the FTA for approval. Due to the certifications needed, including those from the United States Department of Labor, it may take up to two months for FTA’s final approval.

• Memorandum of Understanding (3 months after FTA grant approval); the time required for execution of the MOU between the sub-grantee of funds from the JARC and/or NF programs and the LACMTA will depend on the availability of supporting documentation from the sub-grantee (such as clear scope of work, timeline for project implementation, project item line budget and cash flow) and its readiness to accept its terms and conditions. The MOU is a boiler plate document that has been approved by County Counsel and is not subject to change. MOU samples for the JARC and NF programs are included in the Appendix. The LACMTA Program Manager will share the boilerplate of the MOU with the applicants during the workshops following a Solicitation for Proposals and will share customized versions after the award notifications.

• Effective Date of Reimbursable Activities: the MOU specifies the effective date of its terms and conditions, including the period of reimbursable activities. In this regard, the LACMTA will reimburse the sub-grantee for any eligible expenditure incurred (after deducting the required local match) since the effective date of the MOU. However, the sub-grantee may be reimbursed for eligible expenditures incurred prior to the effective date of the MOU provided that it had submitted a written request to the LACMTA and this request was approved. Any expenditure incurred by the sub-grantee prior to the execution of the MOU with LACMTA is the sub-grantee’s responsibility.


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The LACMTA is not committed to reimburse any expenditure if the MOU between the agencies is ultimately not executed, the project is cancelled, the federal funding is not available, or the FTA does not approve the grant application, among other possible scenarios.

6.7 Sub-grantees Monitoring

LACMTA will coordinate a sub-grantee orientation workshop after the funding award to provided technical assistance on the process that would need to be followed and the federal requirements that would have to be met to receive the federal funds. LACMTA will also schedule regular meetings with the sub-grantees to discuss issues or concerns regarding their projects and to provide assistance during implementation to ensure projects are consistent with the funding agreement. Sub-grantees will also be required to provide quarterly progress reports and an annual report during the period in which they invoice for eligible activities until grant close-out. In this regard, sub-grantees need to keep track of the performance measures identified for their project in the MOU. Sub-grantees would also need to provide supporting documentation when invoicing LACMTA for expenses incurred. Projects sponsors will not be paid in advance of costs incurred. Instead, funds from the JARC and NF programs will be paid to the sub-grantee on a reimbursement basis only. LACMTA will monitor closely all activities by the sub-grantee and take corrective actions to resolve any non-compliance issues, including informing the sub-grantees if they are at risk of losing any of the funding that was awarded. The sub-grantees need also to comply with the auditing requirements specified in the MOU. 7.0 Administration of JARC and NF Programs LACMTA has assigned a dedicated Program Manager and supporting staff to serve as the administrator of the FTA’s JARC and NF programs. The Program Manager reports to the Director of Regional Program Management, who is responsible for managing and administering all the grants, contracts, and funding agreements for all LACMTA departments, as well as other project sponsors (sub-grantees) receiving FTA funds. The following summarizes the responsibilities of the JARC and NF Program Manager position. • Assists sub-grantees or potential sub-grantees with the development and

submittal of grant applications and provides them with technical support to: i) establish project eligibility; ii) manage and administer projects; iii) understand grantee (LACMTA) and federal compliance policies, including procurement guidelines and required matching funds; and iv) understand the conditions on how federal grant funds can be spent.


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One of the primary means of assistance will by sponsoring and hosting pre-proposal seminars before each Solicitation for Proposals cycle. LACMTA has also developed a program to host a grantee introduction seminar for all new sub-grantees after each selection process. The meeting will allow the LACMTA’s dedicated Program Manager to meet with all of the new sub-grantees to discuss general and specific performance goals to be achieved, their reporting and the administrative responsibilities, and LACMTA’s standardized invoicing practices. In order to clarify the goals of each project and assist the sub-grantees in the development of good progress reporting and accounting practices, LACMTA’s dedicated Program Manager will meet individually with each of the sub-grantees before the beginning of grant expenditures.

• Ensures that sub-grantees adhere to the FTA Master Agreement, LACMTA’s

MOU, and other federal and state requirements, as applicable, to ensure federal funds are used according to the established contractual requirements. This activity will be accomplished with site visits and review of sub-grantees’ records.

• Seeks from the sub-grantees an annual signed certification that affirms sub-grantees’ compliance with the standard terms and conditions governing the administration of projects funded with federal dollars awarded by the FTA through LACMTA, as described on the MOU or the FTA Master Agreement. This information is provided to the auditors as part of LACMTA’s compliance monitoring effort.

• Prepares an annual cash flow plan of related expenditures for the JARC and NF

programs to be included in LACMTA’s annual budget for the fiscal year, which starts on July 1.

• Provides the Program of Projects funded with funds from the JARC and NF

programs to the Southern California Association of Governments (SCAG) for inclusion in the Federal Transportation Improvement Program.

• Prepares a summary of the funds available for distribution for the Los Angeles-

Long Beach-Santa Ana urbanized area (UZA 2) and the Lancaster-Palmdale urbanized area (UZA 123) upon approval of the federal budget for the federal fiscal year that starts October 1 and corresponding federal transportation appropriations sometime thereafter and their publication in the Federal Register. The funding allocations will be distributed to the RTPAs for the counties of San Bernardino, Riverside, Ventura, and Orange, as well as to SCAG.

• Initiates the development of the grant applications for the FTA, and upon FTA’s

award, initiates the funding agreements with the sub-grantees. • Coordinates regular workshops or meetings with sub-grantees to ensure

agencies have the technical capabilities to assist their customers with transportation needs and to manage their projects.


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• Manages the updates to the Coordinated Plan and encourages participation from public, private, and not-for profit agencies that provide transportation-related services to the target populations of the JARC and NF programs.

• Organizes an annual workshop for the region’s stakeholders to review project

results, evaluate overall program accomplishments, and discuss opportunities for improvements. Unsuccessful applicants from previous Solicitation for Proposals cycles will also be contacted and invited to the workshop to familiarize themselves with the grant programs, the development of a successful application, and the implementation of projects and programs funded by the JARC and NF programs. Unsuccessful applicants will also have the opportunity to meet with LACMTA staff.

• Assist the sub-grantees with the development of performance measures for each

JARC and NF funded project to monitor and report the benefits of the federal investment. This information will be made available to the public for review on the LACMTA website and for updating the Coordinated Plan.

• Represents LACMTA at meetings with the Caltrans, SCAG, and the FTA. The

Program Manager is responsible for maintaining a good working relationship and coordination with the federal, state, regional, and local agencies regarding human services transportation projects and programs funded with the JARC and NF funds.

• Analyzes federal, state, and local legislation and policies relevant to the JARC

and NF programs. • Makes recommendations to the Board for improvements in managing and

administering the JARC and NF programs. • Serves as the point of contact for any activities related to the JARC and NF

programs, such as coordinating the reviews and audits performed by the FTA, Caltrans, SCAG, and the General Accountability Office (GAO). In this regard, a dedicated email address was established for these federal programs to assist in the communication and dissemination of related information. The email address is [email protected].

8.0 Title VI, Section 504, and ADA Compliance LACMTA requires sub-grantees to document that they distribute FTA funds without regard to race, color, national origin, and disability or discrimination against disadvantaged business enterprises, among applicable civil rights requirements. Not all applicable civil rights requirements are discussed in the PMP. The most recent FTA circular guiding compliance with Title VI (FTA C 4702.1A) became effective May 13, 2007. It updates the 1988 version and takes into account new technology tools, such as GIS analysis and the web in fulfilling compliance requirements.


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LACMTA complies with FTA’s Title VI requirements in the following manner: i) provision of an annual Title VI certification and assurance; ii) development of Title VI complaint procedures; iii) record keeping of all Title VI investigations, complaints, and lawsuits; iv) provision of meaning access to persons with Limited English Proficiency; v) notification to beneficiaries of protection under Title VI; and vi) a requirement that each sub-grantee develops a Title VI program or becomes part of LACMTA’s submittal of its Title VI program to the FTA's regional civil rights officer once every three years. Within each of these broad categories are specific requirements for survey and other data collection, analysis, and information distribution that cover transportation programs, construction programs, and transit service planning, operations, and service/fare changes.

LACMTA’s promotion, administration, and distribution of information and funding relevant to the JARC and NF programs is consistent with LACMTA’s Title VI Policy, which is made part of this document by reference. This policy is posted on LACMTA’s web site at http://www.metro.net/about_us/title_vi/default.htm. In order to fulfill Section 504 obligations, LACMTA plans on working closely with its sub-grantees to ensure the goals of their federal JARC and/or NF grants are being met. In order to track this progress, LACMTA’s Program Manager will review each submitted invoice and insure that all required backup material is attached and correct in order to validate funds spent, work to resolve any potential ineligibility issues with any sub-grantee and obtain the return of any funds paid out that have been found to have been ineligible. In addition, the Program Manager will review all quarterly and annual reports to ensure consistency with the terms of the federal grant and the MOU s. Finally, the Program Manager will make annual site visits to each sub-grantee to ensure purchased items, service, and/or training funded by the federal grant are in full service, being maintained as per manufacturer’s recommendations, and are being used to meet the performance measures set in the MOU and in federal guidelines.

The Program Manager will evaluate all projects receiving grant funds for compliance with all relevant ADA laws, regulations and policies and will work with LACMTA’s ADA Compliance Administrator and his/her ADA Compliance Unit to provide technical assistance. If any problematic issues occur, the Compliance Administrator will provide technical assistance regarding the resolution of the accessibility issue, evaluate any ADA complaints, and assist in analyzing, interpreting and resolving complaints under applicable ADA laws, regulations and policies. This technical assistance will also be provided if ADA regulations change, or in the event of a new court decision regarding transportation services or facilities, or if an interpretation of ADA regulations is requested.


16

9.0 Management of JARC and NF Programs The following describes the activities to be performed by the Program Manager to ensure federal funds are not lost (lapsed) to the region. The activities described below are part of the oversight and project management activities necessary to ensure that projects funded with JARC and NF funds are implemented in accordance to the FTA program guidelines and funding agreements. • Monitor expenses and reimbursements to sub-grantees to ensure compliance

with the federal grant award and the MOU. • Work with LACMTA’s Office of Management and Budget (OMB), Accounting, and

Planning to include project-related information in LACMTA’s Financial Information System (FIS), such as project identification number, grant number, encumbrance amount, and funding sources. This information is needed for accounting and monitoring of project funding and expenses.

• Review for accuracy and eligibility sub-grantee invoices, ensure that the required

documentation is filed by both LACMTA’s Accounting and Planning, approve electronic payments, ensure payments are made as approved, and work with the sub-grantees to resolve any potential eligibility and funding reimbursement issues.

• Compile and distribute FTA procurement guidelines to all sub-grantees. Work

with all grantees to analyze, evaluate, and answer any particular procurement questions they may have relevant to their project(s).

• Prepare quarterly status progress reports and financial reports and report to

FTA’s Transportation Electronic Award and Management System (TEAM) prior to the deadlines.

• Monitor, through yearly site visits, project implementation activities and ensure

compliance with federal and contractual requirements. • Analyze project activities and determine if any changes to the budget, scope, or

schedule are required. Accordingly, initiate and prepare any needed grant and MOU amendments and obtain proper local approvals prior to requesting FTA’s approval to grant revisions.

• Analyze monthly or quarterly project expenses and reimbursements from the

FTA and reconcile with FTA’s TEAM system for accuracy. Work with LACMTA’s Accounting to investigate and resolve any discrepancies.

• Prepare and file grant budget revisions. • Evaluate, prepare and file grant and MOU closeout documents.


17

• Work with sub-grantees to set performance measures through the life of the

project to track its effectiveness and progress, as described in Section 10.0 and in the MOU.

As part of the oversight and project management activities, each project will be assigned a project number in LACMTA’s FIS that will be linked to the FTA grant funding the project. Payments will be linked to an encumbrance document created for each project for the maximum amount of federal funds awarded to the project. This encumbrance document (the MOU) has a unique ID assigned to it (MOU number) and is also linked to the FIS project number. All payments made to the sub-grantee will be matched against the encumbrance. Encumbrance balances will be reported monthly from FIS. Expenditure reports will be generated by grant for each funded project and will be reviewed by the Program Manager for accuracy. These activities are primarily supported with the funds made available from the JARC and NF programs to LACMTA in its status as the Designated Recipient. 10.0 Performance Measures Consistent with federal guidelines (FTA C 9050.1 and FTA C 9045.1) and as incorporated in the MOU, sub-grantees will be asked to show (as applicable) all increased activity due to the grant funded project, such as:

• Actual or estimated annual number of rides (as measured by one-way trips) as a result of the implementation of a JARC project or for individuals with disabilities as a result of the implementation of a NF project.

• Actual or estimated annual number of jobs that can be accessed as a result of the implementation of a JARC project.

• Annual increases or enhancements related to geographic coverage, service quality and/or service times that impact the availability of transportation services for individuals with disabilities.

• Annual additions or changes to environmental infrastructure (e.g., transportation facilities, side walks, etc), technology, and vehicles that impact availability of transportation services as a result of the implementation of a NF project.

The sub-grantees will also work jointly with LACMTA to establish other performance indicators that are more specific to their projects to measure relevant outputs, service levels, and outcomes. Sub-grantees will be required to report these performance measures on a quarterly basis and on an annual basis and as required by the LACMTA and FTA.


18

11.0 Program Management Plan Updates As stated earlier, the PMP is a living document. It will be updated regularly to incorporate any expansions and enhancements of the JARC and NF programs, as well as any revisions to the programs’ management, requirements, or guidelines. It will also be updated per the request of the FTA or based on significant input submitted from sub-grantees, eligible applicants, and the general public either by email ([email protected]) or by contacting the Program Manager directly. All significant changes to the PMP will require FTA approval. At minimum, the PMP will be updated every three to four years. The latest version of the FTA approved PMP will be posted at LACMTA’s website http://www.metro.net/projects programs/jarc.htm.

APPENDIX


A. Fiscal Year 2008 Application Package

Job Access and Reverse Commute Program New Freedom Program

TABLE OF CONTENTS PAGE

I. PROGRAM OVERVIEW

A. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A

Legacy for Users 1

B. Job Access & Reverse Commute (JARC) Program 1

C. New Freedom Program 1

II. GRANT APPLICATION REQUIREMENTS

A. Eligible Applicants 2

B. Eligible Use of Program Funds 2

C. Eligible Projects 2

D. Planning Requirements 2

E. Application Cycle and Funding Availability 3

F. Cost Sharing/Match Requirements 3

G. Project Selection Criteria 4

H. Proposal Evaluation and Scoring 5

I. Project Approval and Award 5

J. Award Notification 5

K. Sample Federal Transit Administration Certification and Assurances 7

III. APPLICATION SUBMITTAL FORMS 9

A. Application Checklist

B. Part I. Application Cover Page

C. Part II. Project Narrative

D. Part III. Proposed Operating Budget

E. Part III. Proposed Capital Budget

IV. QUESTIONS AND ANSWERS

I. PROGRAM OVERVIEW

Job Access and Reverse Commute and New Freedom Programs Page 1 of 9

A. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). With guaranteed funding for highways, highway safety, and public transportation totaling $244.1 billion, SAFETEA-LU represents the largest surface transportation investment in our Nation’s history. The two landmark bills that brought surface transportation into the 21st century—the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21)—shaped the highway program to meet our Nation’s changing transportation needs. SAFETEA-LU builds on this firm foundation, supplying the funds and refining the programmatic framework for investments needed to maintain and grow our vital transportation infrastructure. SAFETEA-LU addresses the many challenges facing our transportation system today, such as improving safety, reducing traffic congestion, improving efficiency in freight movement, as well as laying the groundwork for addressing future challenges. SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues of national significance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. SAFETEA-LU continues a strong fundamental core formula program emphasis coupled with targeted investment, featuring Safety, Equity, Innovative Finance, Congestion Relief, Mobility and Productivity, Efficiency, Environmental Stewardship, and Environmental Streamlining. B. Job Access & Reverse Commute (JARC) Program The JARC program, Federal Transit Administration (FTA) Section 5316, provides formula funding to states to support the development and maintenance of Job Access & Reverse Commute projects designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment. C. New Freedom (NF) Program The NF program, FTA Section 5317, provides funding for new public transportation services and alternatives beyond those currently required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.), to assist individuals with disabilities seeking integration into the work force and full participation in society. For purposes of the New Freedom program, “new” is defined as any service or activity that was not operational prior to August 10, 2005 and did not have an identified funding source as of August 10, 2005.



The initial project application consists of the program-specific requirements detailed in this package of forms and instructions. After a project application has been selected for funding, the applicant will be required to submit appropriate background Certifications and Assurances, and other documentation necessary to meet the requirements of the FTA. A. Eligible Applicants:

Applicants may include local government agencies, tribal governments, Metropolitan Planning Organizations (MPOs), Regional Transportation Planning Agencies (RTPAs), social services agencies, tribal governments, private and public transit operators, and non-profit organizations. B. Eligible Use of Program Funds:

JARC and NF program funds are intended to fund innovative and flexible programs that identify the transportation needs of individuals with disabilities, older adults, and individuals with limited incomes. Therefore, it is expected that JARC and NF funds be directed to meet these needs by funding new programs or services, or to enhance or expand existing services as appropriate. C. Eligible Projects: JARC and NF funds may be used for the planning, capital, and operating costs of providing needed transportation services. Eligible project costs include managing the provision of transit vouchers, promoting the use of employer-provided transit, mobility management, expanding existing services, supporting volunteer driver programs, and capital projects such as purchasing vehicles and supporting accessible taxis, rider-sharing and vanpooling programs. Mobility management activities are defined as short-range planning and management activities and projects for improving coordination among public transportation and other transportation services providers. Proposals for brokerage pilot projects will also be accepted and considered for program funding. Please note New Freedom funding is restricted to “new” services or activities that were not operational prior to August 10, 2005, as defined earlier in this document. Additional eligible Job Access & Reverse Commute and New Freedom Grant activities information can be found at http://www.fta.dot.gov/ D. Planning Requirements SAFETEA-LU requires that ALL JARC and New Freedom projects selected for funding must be derived from a locally developed Coordinated Public Transit-Human Services Transportation Plan. Grants may be requested for one, two, or three years. For access to the LA County Coordinated Plan, visit http://www.metro.net/projects_plans/default.htm.

http://www.fta.dot.gov/17973_18172_ENG_HTML.htm



E. Application Cycle and Funding Availability Applications are due April 7, 2008. As JARC and NF funds have been authorized under SAFETEA-LU through FY 2009, we will consider project applications for a funding period of up-to 3 years. Funds remaining from FY 2007 will be combined with the funds expected to be made available by Congress for FY 2008 and 2009. This approach will permit the development of more viable and longer-term projects, reduce the administrative cost of the programs, and allow for other efficiencies. Including the $7 million remaining from FY 2007, funding over the 3-year authorization period is projected to total $34 million, with the JARC program accounting for some $24 million and the remaining $10 million available under New Freedom. We intend to authorize project expenses annually, contingent upon the levels of federal appropriations expected to be made available by the Congress each fiscal year. F. Cost Sharing/Match Requirement:

Both JARC and NF funding can be used for planning, capital, or operating costs of services to improve the mobility of the targeted populations. In the case of JARC funds, they are for the purpose of providing access to jobs for persons of limited means, or reverse-commute service for all potential passengers. The focus of New Freedom funds is to support new public transportation services beyond those required by the ADA and also new public transportation alternatives beyond those required under ADA. Under the NF program, “new” service is defined as service that was not operational prior to August 10, 2005 and did not have an identified funding source as of that same date. Both JARC and NF funds are eligible to support up to 80% of the cost of capital and mobility management projects (80/20 match), and up to 50% of the net operating costs (50/50 match). Please note grant funds may not be used for the purchase of transit fares or monthly/multi-ride passes; however, the cost of administering transportation voucher programs is an eligible capital expense. Non-DOT federal funds, state, local and private funding or contributions can be used for matching purposes. Coordination with other federal programs that may provide support for transportation, such as Health and Human Service programs, are encouraged. The following are examples of potential sources for matching funds:

• State or local funds, such as Prop C local return funds • Non-DOT federal program funds available to support client transportation • Revenues from contracts with human service agencies • Income generated from advertising and concessions • Donations and supportable in-kind contributions • Volunteer driver programs



G. Project Selection Criteria

Projects will be awarded through a competitive selection process. Consistent with the goals of the JARC and New Freedom programs, and the needs identified in the Coordinated Plan, proposals will be solicited in the following areas, as shown in greater detail under the funding categories listed in the Plan: a) Regional Coordination of Infrastructure

• Establish a Regional Mobility Management capability within Los Angeles County (or a portion of it) to coordinate specialized transportation services.

• Develop organizational capabilities for recruiting and training volunteers within the various social service agencies to coordinate the provision of transportation.

• Develop joint training activities to bring together transit providers and human services personnel to identify coordinated/mutually supportive operations.

• Projects to illustrate how coordination can improve the quality and quantity of non-emergency transportation services in a more cost-effective manner.

b) Building Capacity

• Coordination projects with entities outside the applicant’s immediate service area, where such longer trips are needed to access major medical and related facilities.

• Add capacity to existing services or expand service hours to provide needed late evening or weekend service.

• Train volunteer drivers and establish mileage reimbursement programs for them. • Provide transit shelters, enhance existing transportation facilities at transfer points

such as the addition of benches, information cases, additional signage. • Establish transportation subsidy/voucher programs using modern technology. • Develop shuttle services to help access public transit systems where appropriate. • Develop door-through-door service options for needy clients.

c) Information Portals

• Develop web-based information systems to assist users in identifying and selecting eligible transportation services, and the eligibility requirements, costs and schedules for such services.

• Related to the above, develop computerized information and training systems available to social service agency employees, to help them arrange for the most cost-effective social service transportation options.

• Develop distribution systems to provide updated transportation information to social service agencies.



d) Mobility Management and Coordination

• Develop a pilot brokerage program in a limited geographic area, to demonstrate the viability of a single entity to screen, qualify, and assign social service agency clients to the most cost-effective transportation options.

• Establish a reporting and evaluation program to assess the effectiveness of implementing such brokerage programs on a wider scale.

H. Proposal Evaluation and Scoring

Proposals will be evaluated in early Spring 2008 by a panel comprised of representatives from Metro, social service agencies providing client transportation, and individuals from the affected groups needing specialized transportation services. The following will be the principal factors that will be used in evaluating individual proposals:

• Degree to which proposal meets the JARC/NF program goals and is responsive to the needs identified in the Coordinated Plan and the related selection criteria

• Completeness and viability of the proposal’s financial plan and implementation schedule

• Evidence of coordination with other agencies needing or providing transportation services (e.g., vehicle sharing, purchase of services, joint dispatch, etc.)

• Projects meeting critical needs in areas which currently lack or have only minimal transportation services

• Proposals to increase operating efficiencies enabling the projects to provide expanded services with fixed or limited funding support

• Long term viability of the project beyond the grant funding period I. Project Approval and Award Proposals meeting eligibility requirements will be scored and ranked by the multi-agency evaluation panel as detailed above. Metro staff will submit the list of recommended projects to the CEO prior to submitting them to FTA for funding approval. The Board has delegated to Metro’s CEO the authority to select and submit to the FTA the projects identified for federal funding. J. Award Notification Award notifications will be posted at http://www.metro.net/projects_programs/jarc.htm. Project sponsors who receive approval for funding will be sent an award notification letter. Following notification, a funding agreement between Metro and the project sponsor or sub-grantee will be sent to the project sponsors for execution. Upon approval of the federal grant by the FTA, sponsors will be notified in writing of the start date of project implementation.



Metro will coordinate a sub-grantee orientation workshop to inform them on the process for project implementation and the federal requirements that will have to be met to receive the funds.



K. Sample FTA Certifications and Assurances

JOB ACCESS AND REVERSE COMMUTE FORMULA GRANT PROGRAM

A. As required by 49 U.S.C. 5316(f)(1), which makes the requirements of 49 U.S.C. 5307 applicable to Job Access and Reverse Commute (JARC) formula grants, and 49 U.S.C. 5307(d)(1), the Applicant for JARC Formula Program assistance authorized under 49 U.S.C. 5316, certifies on behalf of itself and its subrecipients, if any, as follows: (1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the

legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program;

(2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory continuing control over the use of project equipment and facilities;

(3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the project equipment and facilities;

(4) In compliance with 49 U.S.C. 5307(d)(1)(D), the Applicant will ensure that elderly individuals and individuals with disabilities, or any person presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 U.S.C. 401 et seq. or 42 U.S.C. 1395 et seq.), will be charged for transportation during non-peak hours using or involving a facility or equipment of a project financed with Federal assistance authorized under 49 U.S.C. 5316 not more than fifty (50) percent of the peak hour fare;

(5) In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a procurement financed with Federal assistance authorized under 49 U.S.C. 5316: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 U.S.C. 5323 and the third party procurement requirements of 49 U.S.C. 5325;

(6) In compliance with 49 U.S.C. 5307(d)(1)(G), the Applicant has or will have available and will provide the amount of funds required by 49 U.S.C. 5316(g) for the local share, and that those funds will be provided from approved non-Federal sources except as permitted by Federal law;

(8). In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with: 49 U.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 U.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 U.S.C. 5303 through 5306 (planning and private enterprise requirements); and

(9) In compliance with 49 U.S.C. 5307(d)(1)(I), the Applicant has a locally developed process to solicit and consider public comment before raising a fare or implementing a major reduction of public transportation;



NEW FREEDOM PROGRAM

A. As required by 49 U.S.C. 5317(e)(1), which makes the requirements of 49 U.S.C. 5310 applicable to New Freedom grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, by 49 U.S.C. 5310(d)(1), which makes the requirements of 49 U.S.C. 5307 applicable to Elderly Individuals and Individuals with Disabilities Formula grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, and by 49 U.S.C. 5307(d)(1), the Applicant for New Freedom Program assistance authorized under 49 U.S.C. 5317 certifies and assures on behalf of itself and its subrecipients, if any, as follows: (1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the

legal, financial, and technical capacity to carry out its proposed program of projects, including safety and security aspects of that program;

(2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory continuing control over the use of project equipment and facilities;

(3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the project equipment and facilities;

(4) In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a procurement financed with Federal assistance authorized under 49 U.S.C. 5317: (1) will use competitive procurement (as defined or approved by the Secretary), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 U.S.C. 5323 and the third party procurement requirements of 49 U.S.C. 5325;

(5). In compliance with 49 U.S.C. 5307(d)(1)(G), the Applicant has or will have available and will provide the amount of funds required by 49 U.S.C. 5317(g), and if applicable by section 3012b(3) and (4), for the local share, and that those funds will be provided from approved non-Federal sources except as permitted by Federal law; and

(6). In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with: 49 U.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); 49 U.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and 49 U.S.C. 5303 through 5306 (planning and private enterprise requirements);

The most current FTA required Certifications and Assurances will be included with the agreement between Metro and the sub-grantee.

III. APPLICATION SUBMITTAL FORMS


A. Application Checklist

B. Part I - Application Cover Page

C. Part II - Project Narrative

D. Part III - Proposed Operating Budget

E. Part III - Proposed Capital Budget

APPLICATION CHECKLIST

Federal Transit Administration Section 5316 Job Access and Reverse Commute

and Section 5317 New Freedom Programs Applicants should use this checklist to ensure that all parts of the application and attachments are completed and submitted. PART I APPLICATION COVER PAGE Agency description, service area, and map ________ PART II PROJECT NARRATIVE (10 pages max) A. Project needs, goals, and objectives ________ B. Operational/Implementation Plan ________ C. Program Effectiveness and Performance Indicators ________

D. Coordination and Outreach ________ E. Project Budget Justification ________ PART III PROPOSED PROJECT BUDGET ________ Submit an electronic copy and four hard copies by April 7, 2008 to: Los Angeles County Metropolitan Transportation Authority Attention: Linda Tam, 99-23-03 One Gateway Plaza Los Angeles, CA 90012-2952 E-mail electronic copy to [email protected] E-mail your questions to [email protected]

mailto:[email protected]

PART II. PROJECT NARRATIVE

In the space provided, please provide a narrative to describe the project. To receive the maximum allowable points per question, each response will be reviewed and scored for clarity, completeness and accuracy. Use additional pages as needed. (10 pages max). A. Project Needs, Goals and Objectives 1. Briefly explain the problem or need and how your proposed project would help

address that need. Include a description of your agency, your clients, and the transportation services currently provided. Describe if the proposed service is new or an enhancement of an existing service. Specify how your project addresses the gap(s) and/or barrier(s) identified in the Los Angeles County Coordinated Public Transit-Human Services Transportation Plan. (Indicate the section/page number in the Coordinated Plan addressing the gaps and/or barriers). (10 points maximum)

2. Explain how your proposed project is consistent with the goals and objectives of

either the JARC or New Freedom programs, as described under the Program Overview section of this application package. (10 points maximum)

Job Access and Reverse Commute and New Freedom Programs Page II-1


B. Operational/Implementation Plan 3. For Operating projects, describe your operational plan that includes defined routes,

schedules, current/projected ridership, key personnel, and marketing strategies; and/or for Capital and Mobility Management projects, describe your implementation plan that includes project tasks, timeframes, benchmarks, key milestones, key personnel, deliverables and estimated completion date. (20 points maximum)

a. Routes and schedule (include route map) b. Current and projected ridership c. Key personnel, experience with implementing and managing this type of

service d. Marketing Strategies e. Implementation plan f. Milestones schedule



C. Program Effectiveness and Performance Indicators 4. Identify the performance measures and indicators to track the effectiveness of your

proposed project and include the number of persons you anticipate to be served and the number and purpose of trips, estimate the proposed cost per trip (or other unit of service). Briefly describe efforts to ensure its cost-effectiveness (and other measurable units of service) the project will provide. Include the desired outcome (impact) that the project will have on low-income individuals (JARC) or individuals with disabilities. (10 points maximum)

Estimated savings realized per trip as a result of coordination with other

transit providers. 5. Based upon the performance objectives and outcomes identified in Question 4 above,

describe your methodologies and procedures for ongoing monitoring and evaluation of the project or service. (10 points maximum)

D. Coordination and Outreach 6. Identify the agencies, groups, or stakeholders affected by the project. Briefly

describe their involvement in the project. List should include, but not be limited to, Health and Human Services Agencies, public/private sector, non-profit agencies, transportation providers, and members of the public representing low-income (JARC) and individuals with disabilities (New Freedom). Attach letters of support from stakeholders to the grant application. (10 points maximum)



7. Describe how you will promote public awareness of the project and how you will

keep stakeholders involved and informed throughout the project performance. (10 points maximum)

E. Project Budget Justification - Proposals selected for funding may be requested to provide additional budget details/financial information prior to receiving the grant award. 8. Describe below the assumptions used for developing your project costs and revenues.

Explain how the proposed budget supports your project. (20 points)


PART III. PROPOSED OPERATING BUDGET

ESTIMATED REVENUES: Amount %

a. Passenger fares

b. Advertising, concessions, donations, other)

c. State funds or grants

d. Federal non-USDOT grants

e. Amount being requested with this application

TOTAL ESTIMATED REVENUES -$

ESTIMATED EXPENSES:

a. General and Administration

1. Wages, salaries, finge benefits

2. Equipment and supplies

3. Other (explain)

Sub-total General and Administration -$

b. Operations & Maintenance


2. Equipment

3. Vehicle maintenance and repair

4. Fuel

5. Casualty and Liability Insurance

6. Contract services (specify)

7. Marketing

8. Other (specify)

Sub-total Operations and Maintenance -$

TOTAL ESTIMATED EXPENSES -$

Job Access and Reverse Commute and New Freedom Programs Page III-1

PART III. PROPOSED CAPITAL BUDGET

ESTIMATED REVENUES: Amount %

a. Passenger fares

b. Advertising, concessions, donations, other)

c. State funds or grants

d. Federal non-USDOT grants

e. Amount being requested with this application

TOTAL ESTIMATED REVENUES -$

ESTIMATED EXPENSES:

a. General and Administration


2. Equipment and supplies

3. Other (explain)

________________________________

Sub-total General and Administration -$

b. Equipment

1. Vehicles (type, fuel, passenger capacity)

_________________________________

2. Other Equipment (describe)

_________________________________

Sub-total Equipment -$

TOTAL ESTIMATED EXPENSES -$

Job Access and Reverse Commute and New Freedom Programs Page III-2


B. Fiscal Year 2008 Evaluation Package

GRANT APPLICATION EVALUATION FORM

SAFETEA-LU APPLICATION EVALUATION FORM

Spring 2008

OVERVIEW A. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU addresses the many challenges facing our transportation system today, such as improving safety, reducing traffic congestion, improving efficiency in freight movement, as well as laying the groundwork for addressing future challenges. SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues of national significance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. B. Job Access & Reverse Commute (JARC) Program The JARC program, Federal Transit Administration (FTA) Section 5316, provides formula funding to states to support the development and maintenance of Job Access & Reverse Commute projects designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment. C. New Freedom (NF) Program The NF program, FTA Section 5317, provides funding for new public transportation services and alternatives beyond those currently required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.), to assist individuals with disabilities seeking integration into the work force and full participation in society. For purposes of the New Freedom program, “new” is defined as any service or activity that was not operational prior to August 10, 2005 and did not have an identified funding source as of August 10, 2005. D. Eligible Applicants:

Applicants may include local government agencies, tribal governments, Metropolitan Planning Organizations (MPOs), Regional Transportation Planning Agencies (RTPAs), social services agencies, tribal governments, private and public transit operators, and non-profit organizations.


E. Eligible Use of Program Funds:

JARC and NF program funds are intended to fund innovative and flexible programs that identify the transportation needs of individuals with disabilities, older adults, and individuals with limited incomes. Therefore, it is expected that JARC and NF funds be directed to meet these needs by funding new programs or services, or to enhance or expand existing services as appropriate. Both JARC and NF funding can be used for planning, capital, or operating costs of services to improve the mobility of the targeted populations. In the case of JARC funds, they are for the purpose of providing access to jobs for persons of limited means, or reverse-commute service for all potential passengers. The focus of New Freedom funds is to support new public transportation services beyond those required by the ADA and also new public transportation alternatives beyond those required under ADA. Under the NF program, “new” service is defined as service that was not operational prior to August 10, 2005 and did not have an identified funding source as of that same date. F. Eligible Projects: JARC and NF funds may be used for the planning, capital, and operating costs of providing needed transportation services. Eligible project costs include managing the provision of transit vouchers, promoting the use of employer-provided transit, mobility management, expanding existing services, supporting volunteer driver programs, and capital projects such as purchasing vehicles and supporting accessible taxis, rider-sharing and vanpooling programs. Mobility management activities are defined as short-range planning and management activities and projects for improving coordination among public transportation and other transportation services providers. Proposals for brokerage pilot projects will also be accepted and considered for program funding. Please note New Freedom funding is restricted to “new” services or activities that were not operational prior to August 10, 2005, as defined earlier in this document. G. Planning Requirements SAFETEA-LU requires that ALL JARC and New Freedom projects selected for funding must be derived from a locally developed Coordinated Public Transit-Human Services Transportation Plan. Grants may be requested for one, two, or three years. For access to the LA County Coordinated Plan, visit http://www.metro.net/projects_plans/default.htm.


H. Cost Sharing/Match Requirement: Both JARC and NF funds are eligible to support up to 80% of the cost of capital and mobility management projects (80/20 match), and up to 50% of the net operating costs (50/50 match). Please note grant funds may not be used for the purchase of transit fares or monthly/multi-ride passes; however, the cost of administering transportation voucher programs is an eligible capital expense. Non-DOT federal funds, state, local and private funding or contributions can be used for matching purposes. Coordination with other federal programs that may provide support for transportation, such as Health and Human Service programs, are encouraged. The following are examples of potential sources for matching funds:

• State or local funds, such as Prop C local return funds • Non-DOT federal program funds available to support client transportation • Revenues from contracts with human service agencies • Income generated from advertising and concessions • Donations and supportable in-kind contributions • Volunteer driver programs

I. Proposal Evaluation and Scoring The following will be the principal factors that will be used in evaluating individual proposals:

• Degree to which proposal meets the JARC/NF program goals and is responsive to the needs identified in the Coordinated Plan and the related selection criteria

• Completeness and viability of the proposal’s financial plan and implementation schedule • Evidence of coordination with other agencies needing or providing transportation

services (e.g., vehicle sharing, purchase of services, joint dispatch, etc.) • Projects meeting critical needs in areas which currently lack or have only minimal

transportation services • Proposals to increase operating efficiencies enabling the projects to provide expanded

services with fixed or limited funding support • Long term viability of the project beyond the grant funding period


SAFETEA-LU APPLICATION EVALUATION FORM

Spring 2008

Applicant Name: __________________________________________

Project Title: _____________________________________________

Program category: JARC ___ New Freedom ___ PART I. PROPOSAL ELIGIBILITY This section will initially screen the application for compliance with basic federal programs requirements. A pass/fail status will determine if the application will be further evaluated. YES NO

1. Is the applicant a local government agency, operators of public

transportation, non-profit agency, or a tribal government; OR a private taxi

company providing shared-ride service to special categories of users such

as older adults or persons with disabilities? ____ ____

2. Is the proposed activity targeted to low-income, welfare recipients

or disabled population? ____ ____

3. Does the proposal clearly identify the local commitment

and matching funds as required by the federal program? ____ ____

4. Does the application meet the coordination requirement

by referencing the proper section and page of the Coordinated Plan

or providing other evidence of meeting that requirement? ____ ____

5. Is the proposed project eligible for federal funds under JARC or NF? ____ ____

If you answer NO to any of the questions above, this proposal fails to meet the minimum program requirements and will be further evaluated, contingent upon eligibility. PART II. EVALUATION RATING POINTS Total points from Part II (Attached) _________ By: ________________________________ Date: ______________________ (signature) Name: ________________________________

SCORE

1. Does the proposal: Max Value 10a. Provide a description of the agency, clients, and the services it provides?b. Indicate if the service is new or an enhancement to existing service?c. Clearly address gaps identified on the Coordinated Plan by page and section?

2. Does the proposal: (score in relation to the target population) Max Value 10

3. Does the proposal: Score as Applicable Max Value 20a. Include a description of the routes, schedules and a service map?b. Include current/projected ridership and show how it was calculated?c. Describe the experience and skills of the key personnel?d. Describe the marketing strategies considered to promote the service?e. Describe a detailed implementation plan including project milestones?f. Identify deliverables, and estimated start and completion dates?g. Describe how the service will continue after grant funds are exhausted?

4. Does the proposal: Max Value 10a. Provide measurable performance indicators?b. Estimate the proposed cost per trip (or other unit of service)?

d. Identify the desired outcome (impact) the project will have on eligible riders?

Max Value 10

c. Increase the transportation alternatives to assist eligible low-income individuals access to jobs and job related activities?

e. Estimated savings realized per trip as a result of coordination with other transit providers?

a. Is there a system in place for monitoring the service to keep it on schedule?b. Is the proposed evaluation of the service reasonable?

PART II. JARC/NEW FREEDOM RATINGApplicant Name: Project Title:

A. Project Needs, Goals and Objectives

B. Operational/Implementation Plan

C. Program Effectiveness and Performance Indicators

a. Clearly explain the proposed service or activity and how it benefits eligible users and improves access to other services? b. Increase the transportation alternatives to assist eligible individuals with disabilities seeking integration into the work force and full participation in society?

d. Identify if it is part of a larger activity, and if so, is the larger activity fully funded and how the larger activity will be impacted if funds are not awarded?

5. Does the proposal include a description of the ongoing monitoring and evaluation process to be followed to ensure the effectiveness of the proposed service?

e. Identify if it is part of a larger activity, and if so, what would be the impact if funds are awarded and the larger activity does not get implemented?

c. Describe efforts to ensure the project's cost-effectiveness (and other measurable units of service) results?

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SCORE

PART II. JARC/NEW FREEDOM RATINGApplicant Name: Project Title:

6. Does the proposal: Max Value 10a. Identify the agencies, groups, or stakeholders affected by the project?b. Describe their involvement in the project and how services are coordinated?c. Attach letters of support from stakeholders or affected agencies?

7. Does the proposal: Max Value 10a. Describe how it will promote public awareness of the project?

8. Proposal describes the assumptions used for developing project costs and revenue. Max Value 20

a. Assumptions as described were reasonable.b. Costs analysis was provided that supports the project budget?c. Calculations were correct.d. Unit costs were supported.e. Justification of local funds.

TOTALTotal score for this Part II should be transferred to the evaluation form.

Provide Recommendations That May Improve This Proposal

E. Project Budget Justification

b. Describe how stakeholders will be kept involved and informed throughout the project performance?

D. Coordination and Outreach

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C. JARC Program MOU

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FTA GRANT CA-37-X100 MOU.XXXXXXXXX

FUNDING AGREEMENT FOR SECTION 5316 JOB ACCESS AND REVERSE COMMUTE PROGRAM GRANT FUNDS

This Funding Agreement for Section 5316 Job Access and Reverse Commute Program Funds (the “Agreement”) is dated as of September 1, 2009 (the “Effective Date”) and is by and between the _________________________________ (the “Agency”) and the Los Angeles County Metropolitan Transportation Authority (“LACMTA”). RECITALS A. On May 25, 2006 the LACMTA Board adopted a resolution declaring LACMTA to be the

Designated Recipient for formula funds from the Federal Transit Administration (FTA) Section 5316 Job Access and Reverse Commute Program.

B. Pursuant to the LACMTA Board action of May 25, 2006, the LACMTA Chief Executive Officer (CEO) or his/her designee is authorized to enter into agreements with interested cities and local agencies in Los Angeles County for LACMTA in its role as the Designated Recipient for Section 5316 Job Access and Reverse Commute Program grant funds (the “Federal Funds”).

C. On July 15, 2008 the LACMTA’s CEO approved the award of $1,600,000 to the Agency

for capital assistance to support the Agency’s “________________________________” (the “Project”).

D. As the Agency is currently not able to directly apply for the Federal Funds, LACMTA prepared and submitted a grant application to the FTA on the Agency’s behalf. E. On August 15, 2008 (the “Award Date”), the FTA awarded LACMTA grant CA-37-X100

for the Federal Funds. The grant agreement executed between the FTA and LACMTA (the “Federal Grant”) includes Federal Funds of $1,600,000 for the Project.

F. The total cost for the Project described in the Scope of Work (the “SOW”), attached as

Exhibit “A”, hereto is estimated to be $2,000,000 (“Estimated Cost”). G. The Agency has agreed to provide the required local match of $400,000 (the “Local

Match”), as described in the Financial Plan that is attached as Exhibit “B”, and any additional funding required to complete the Project.

H. LACMTA assumes no responsibility for the funding of any portion of the Project. LACMTA is only acting as a pass through conduit for the Agency.

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I. The Agency understands that the Federal Funds provided herein are subject to the federal lapsing policy and that it must have obtained the environmental clearance required by federal regulations to use the Federal Funds

J. The parties desire to execute this Agreement so LACMTA may pass along the Federal

Funds received from the Federal Grant to the Agency. 1. PAYMENT OF FUNDS 1.1 To the extent LACMTA receives Federal Funds pursuant to the Federal Grant, LACMTA shall forward Federal Funds in an amount not to exceed $1,600,000 (the “Funding Amount”) to the Agency subject to the terms and conditions of the Federal Grant and this Agreement. 1.2 Payments to the Agency will be processed by LACMTA within a reasonable time period, but in no event more than sixty (60) calendar days after receipt of a Request for Reimbursement, which complies with the requirements of Section 4 below. 1.3 The Agency shall be subject to, and shall comply with, all requirements of the Federal Grant and other applicable requirements of the United States Department of Transportation (USDOT), the United States Department of Labor (USDOL), the FTA and of LACMTA as required by LACMTA to fulfill its responsibilities as the grantee under the Federal Grant and as the pass-through agency.

2. LACMTA COSTS 2.1 LACMTA will not charge the Agency for administrating these Federal Funds. 3. TERM 3.1 The term of this Agreement shall commence on the Effective Date first referenced above and shall terminate three years after the execution date of this Agreement (the “Termination Date”), unless terminated earlier as provided herein or extended by a written approval from LACMTA. 4. REQUEST FOR REIMBURSEMENT

4.1 The Agency shall contribute at least the statutorily or other required local contribution of matching funds (other than Federal Funds), if any is specified within this Agreement or any attachments hereto, toward the actual costs of the Project. The Agency’s Local Match under this Agreement is $400,000.

4.2 Not more frequently than once a month, the Agency will prepare and submit to LACMTA a Request for Reimbursement for allowable Project costs incurred and paid for by the Agency consistent with the Project’s SOW. The Request for Reimbursement submitted by the Agency shall be signed by an authorized agent who can duly certify the accuracy of the included information. Advance payments by LACMTA are not allowed.

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4.3 Each Request for Reimbursement will report the total of Project expenditures and will specify the percent and amount of Federal Funds to be reimbursed. The Request for Reimbursement shall be accompanied by a detailed invoice describing all invoiced work completed.

4.4 If applicable, the first Request for Reimbursement shall also be accompanied by a report describing any tasks specified in the SOW document which were accomplished prior to the Effective Date of this Agreement, which costs could be credited toward the required local match provided that LACMTA has provided prior written approval for such expenditures to the Agency.

4.5 LACMTA will retain 10 percent of each invoice amount until LACMTA has evaluated the Agency’s performance according to the criteria specified by LACMTA and the data provided by the Agency and has determined that all contract requirements under this Agreement have been satisfactorily fulfilled. The Agency shall invoice LACMTA for reimbursement of the 10 percent retention separately.

4.6 Eligible Project costs are described in the Federal Grant and in the FTA

guidelines. 4.7 The Request for Reimbursement must be submitted on the Agency’s letterhead.

4.8 The Agency should consult with LACMTA’s Job Access and Reverse Commute Program Manager for questions regarding non-reimbursable expenses.

4.9 Total payments shall not exceed the Funding Amount specified in paragraph 1.1

above. No Request for Reimbursement will be processed by LACMTA after the Federal Grant termination date.

4.10 If any amounts paid to the Agency are disallowed or not reimbursed by the

FTA for any reason, the Agency shall remit to LACMTA the disallowed or non-reimbursed amount(s) within 30 days from receipt of LACMTA’s notice. All payments made by LACMTA hereunder are subject to the audit provisions contained herein and within the Federal Grant.

4.11 The Agency shall comply with and ensure that work performed under this

Agreement is done in compliance with all applicable provisions of federal, state and local laws, statutes, ordinances, rules, regulations and procedural requirements, including without limitation, Federal Acquisition Regulations (FAR) and the applicable requirements and regulations of LACMTA. The Agency acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state or local laws and regulations and LACMTA requirements, including any amendments thereto.

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4.12 All requests for reimbursement shall be transmitted to LACMTA’s Accounts Payable Department using one of the following two options:

1) E-mail: [email protected] Ref# MOU.XXXXXXXXX (CA-37-X100) 2) Standard Mail: Los Angeles County Metropolitan Transportation Authority P.O. Box 512296 Attention: Accounts Payable Los Angeles, CA 90051-0296 Ref# MOU.XXXXXXXXX (CA-37-X100)

A copy of all Request for Reimbursement submittals shall also be forward to the LACMTA’s Job Access and Reverse Commute Program Manager:

Los Angeles County Metropolitan Transportation Authority Regional Program Management Attention: Ashad Hamideh, Ph.D. Job Access and Reverse Commute Program Manager One Gateway Plaza Mail Stop: 99-23-3 Los Angeles, CA 90012-2952 [email protected]

4.13 The Agency shall update LACMTA’s Job Access and Reverse Commute Program Manager in writing regarding any changes to the Project management team. Unless otherwise specified, the following Agency address and contact person will be used by LACMTA for all correspondence and documentation relevant to this Agreement:

_____________________________________________________________ ___________________ ___________________ Attention: _________________________________

5. START AND END DATE OF REIMBURSABLE ACTIVITIES Unless written notification is otherwise provided by LACMTA, the start date of reimbursable activities is the Effective Date of this Agreement. Actual reimbursement of eligible work cannot occur until LACMTA and the Agency execute this Agreement and LACMTA has entered into the Federal Grant with the FTA. The end date of reimbursable activities is the Termination Date of this Agreement.

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6. FEDERAL REQUIREMENTS 6.1 The Agency shall utilize the Funding Amount and Local Match to complete the

Project as described in the SOW and in accordance with the Federal Grant requirements of the FTA and this Agreement. 6.2 All FTA requirements and guidelines, as summarized in the Federal Grant and the FTA Master Agreement, are incorporated by reference herein as part of this Agreement. These requirements include, but are not limited to: (a) Assurances of legal authority. (b) Certification of non-debarment, suspension or termination.

(c) Certification of a drug-free workplace. (d) Inter-governmental review. (e) Civil Rights review, including Title VI Program review. (f) Disadvantaged Business Enterprise (DBE) assurances. (g) Americans with Disabilities Act (ADA) disability non-discrimination. (h) Office of Management and Budget (OMB) certification. (i) Lobbying certifications. (j) Buy America requirements. (k) NEPA environmental review. (l) Single audit requirements. (m) FTA Circular C 9300.1A (Capital Program).

(n) FTA Circular C 5010.1C (Grants Management). (o) FTA Circular C 4220.1F (Third-Party Contracting). (p) Section 5333 (b) of the Federal Transit Act (Employee Protective Arrangements). (q) FTA Circular C 9045.1 (New Freedom Program). (r) FTA Circular C 9050.1 (Job Access and Reverse Commute Program).

6.3 LACMTA shall not be responsible for providing any funding to substitute for

the Federal Funds in the event the Federal Grant is withdrawn or is recalled or if the Federal Grant is not appropriated for any reason. In the event the Federal Grant is closed, the Agency will reimburse LACMTA any funds paid to the Agency that are no longer available under the Federal Grant.

6.4 Should the FTA or the USDOL require amendments, revisions, deletions of, or additions to the provisions contained within this Agreement, the Agency shall promptly execute all such amendments, revisions, deletions, or additions, as necessary, to comply with requirements of the FTA and the USDOL. 7. REPORTING AND AUDIT REQUIREMENTS

7.1 The Agency shall be subject to and shall comply with all applicable requirements of LACMTA, the FTA, and the USDOL regarding Project reporting and audit requirements. The Agency shall use the assigned Federal Grant number (CA-37-X100) and MOU number (MOU.XXXXXXXXX) on all correspondence.

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7.2 The Agency shall submit the following Reports and Certifications to LACMTA for the duration of the Project:

(a) Quarterly Narrative and Financial Report on Project Progress. (b) Annual FTA Compliance Self-Certification. (c) Maintenance records for all vehicles funded with the Federal Funds.

(d) Other reports that may be required.

7.3 LACMTA and the FTA and/or their respective designees, in order to fulfill their respective responsibilities as the grantee/designated recipient and grantor of the Federal Grant, shall have the right to conduct audits of the Project, as needed, such as financial and compliance audits and performance audits. The Agency shall establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP) as applied to governmental agencies. The Agency shall reimburse LACMTA for any expenditure not in compliance with the SOW or other terms and conditions of this Agreement, other applicable requirements of LACMTA or requirements of the Federal Grant, or other applicable requirements of the FTA. LACMTA shall use FAR standards in determining the reasonableness of costs incurred. LACMTA shall have the right to conduct an audit using an outside auditing firm. The findings of that LACMTA audit will be final.

7.4 The Agency shall retain all original records and documents related to the Project for a period of three years after final payment or in accordance with the Federal Grant, whichever time period is greater.

7.5 The Agency shall obtain the services of an independent auditor to conduct a single audit of the Project each year in conformance with the provisions of OMB Circular A-133. The Agency shall submit a copy of each single audit to the LACMTA within 30 days of its completion. 8. FUNDS AVAILABILITY This Agreement will allow the LACMTA to pass along the Federal Funds from the Federal Grant to the Agency. The Funding Amount consists of Section 5316 Federal Funds and is subject to the terms and conditions of this Agreement, the Federal Grant, and the applicable requirements of the LACMTA and the FTA. This Agreement neither implies nor obligates any funding commitment by the LACMTA for the Project. All funds are contingent upon federal appropriation and the FTA’s approval of a grant application. If a Letter of No Prejudice is issued by the FTA, the Agency assumes all the risk of spending the Local Match early on the Project. 9. EXPENDITURE AND DISPOSITION OF FUNDS

9.1 The expenditure and disposition of the Funding Amount by the Agency shall be subject to and in accordance with the terms and conditions of this Agreement, the Federal Grant and the applicable requirements of LACMTA and the FTA. The Agency shall not utilize the Funding Amount in any way or on any project other than that specified in this Agreement and in the Federal Grant.

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9.2 The programmed budget (the "Financial Plan") specifying the sources and amounts of funds to be used to pay for the Project is attached to this Agreement as Exhibit “B”.

9.3 ONLY FOR CONSTRUCTION PROJECTS - At the substantial completion of the Project, the Agency will submit to LACMTA a Notice of Substantial Completion when: (i) the contractor has completed all the activities specified in the SOW, except punch list items; and, (ii) the Agency has ensured that the work was performed in accordance with all applicable Project requirements outlined in the SOW. Within a reasonable time thereafter, the Agency and LACMTA will inspect the Project to ascertain substantial completion and to agree on the punch list. The Agency shall ensure that all punch list items are completed and shall submit a Request for Final Acceptance. Within 30 days thereafter, LACMTA will inspect the Project. If accepted, the Agency shall obtain and submit to LACMTA releases from its contractors and subcontractors. Upon approval of the releases, LACMTA will release any retention and make a final payment to the Agency. If the Project or releases are not accepted or approved by LACMTA, the Agency shall perform, or have its contractors perform, such acts as are necessary to obtain acceptance of the Project or releases. ONLY FOR NON-CONSTRUCTION PROJECTS - At the substantial completion of the Project, the Agency will submit to LACMTA a Notice of Substantial Completion when: (i) the Agency has completed all procurement or work contained within the SOW; and, (ii) the Agency has ensured that the procurement was performed in accordance with all applicable Project requirements. Within a reasonable time thereafter, the Agency and LACMTA will meet to conduct a site visit, as applicable, to: (a) verify that all vehicles/equipment have been received by the Agency; (b) validate that the vehicles/equipment have been placed in service; (c) confirm that the provider(s) have been paid; (d) verify that the Agency’s Project and/or procurement files are in order; and, (e) agree on a punch list. The Agency shall ensure that all punch list items are completed and shall submit a Request for Final Acceptance. Within 30 days thereafter, LACMTA will meet with the Agency to re-inspect the procured item(s). If the procured item(s) is not accepted or approved by LACMTA, the Agency shall perform such acts as are necessary to obtain acceptance of the procured item(s). Once LACMTA accepts the procured item(s), LACMTA will release any retention and make a final payment to the Agency.

9.4 The Agency shall be responsible for any and all cost overruns for the Project. Further, the Agency shall be responsible for covering operating deficits through long-term stable and reliable sources of revenue and to maintain and operate the federally funded Project.

9.5 Upon completion of the Project described in the SOW and disposition of the 10 percent retention, any unused Funding Amount shall revert back to the FTA. 9.6 The Agency shall address all correspondence to the FTA regarding this Project through the LACMTA’s Job Access and Reverse Commute Program Manager.

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9.7 No material changes, as determined by LACMTA in its reasonable discretion and subject to the final discretion of the FTA, to the Financial Plan or the SOW shall be funded or allowed without an amendment to this Agreement approved and signed by the LACMTA’s CEO or his designee and an amendment to the Federal Grant evidencing the FTA’s acceptance of such material change. The Agency shall give advance written notice to LACMTA of all proposed changes to the Financial Plan or SOW that the Agency originally submitted to LACMTA. 10. TIMELY USE OF FUNDS

10.1 The Agency shall obligate the Funding Amount programmed under this Agreement within two (2) years from the Effective Date of this Agreement, unless otherwise stated in this Agreement.

10.2 In the event this Agreement is not executed and/or evidence of timely obligation of the Funding Amount is not provided as described in Section 10.1 of this Agreement, the Project will be reevaluated by LACMTA and the Funding Amount may be deobligated consistent with the FTA’s requirements. In the event that the Funding Amount is deobligated, this Agreement shall automatically terminate. 11. DEFAULT. Default under this Agreement is defined as one or more of the following: (i) the Agency fails to comply with the terms and conditions contained in this Agreement or the Federal Grant; (ii) the Agency fails to perform satisfactorily or to make sufficient progress toward Project completion; (iii) the Agency makes a material change to the SOW or the Financial Plan without prior written consent or approval by LACMTA and the FTA; or, (iv) the Agency is in default of any other applicable requirements of LACMTA or the FTA. 12. REMEDIES

12.1 In the event of a default by the Agency (as defined in Section 11), the LACMTA shall provide written notice of such default to the Agency with a 30-day period to cure the default. In the event the Agency fails to cure the default, or commit to cure the default and commence the same within such 30-day period to the satisfaction of LACMTA, the following remedies shall be available to LACMTA:

(a) LACMTA may terminate this Agreement; (b) LACMTA may make a determination to make no further disbursements of the Funding Amount to the Agency; (c) LACMTA may recover from the Agency any funds paid to the Agency after the default; and/or,

(d) Any remedies the FTA may have under the Federal Grant.

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12.2 Effective upon receipt of written notice of termination from LACMTA, the Agency shall not undertake any new work or obligation with respect to this Agreement unless so approved by LACMTA in writing.

12.3 Subject to LACMTA’s providing prior written notice with a 30-day period to cure the default, the remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 13. SECTION 5333(b) REQUIREMENTS 13.1 For purposes of satisfying the requirements of Section 5333(b) of the Federal Transit Act, by signing this Agreement the Agency certifies its acceptance of the terms and conditions of all protective arrangements applicable to all capital and operating assistance projects and of any other Section 5333(b) protections certified by the USDOL as applicable to any federal funding received.

13.2 The Agency shall indemnify, defend, and hold harmless the LACMTA and its employees, officers and agents for any claims properly brought by public transportation employees in the Agency’s service area pursuant to the Special Warranty, or any other Section 5333(b) arrangements, that may be filed against LACMTA and that may arise from any or all of the Federal Grant awarded to LACMTA on behalf of the Agency for the Project. 14. TERMINATION

14.1 Notwithstanding the term of this Agreement, specified in Section 3 above, either the Agency or LACMTA may terminate its obligations hereunder at any time, without cause, prior to submittal of the grant application to the FTA by providing not less than ten (10) calendar days advanced written notice of such intent to terminate. The Agency and LACMTA may mutually terminate this Agreement with less than ten (10) days written notice if approved by both parties. Once LACMTA has submitted the grant application to the FTA, the Agency shall have no rights, if applicable, to terminate this agreement as provided in this section.

14.2 In the event of termination of this Agreement, LACMTA will immediately stop rendering services under this Agreement. 15. OTHER TERMS AND CONDITIONS

15.1 This Agreement, along with the applicable requirements of the FTA, the USDOL, LACMTA, and the Federal Grant, constitutes the entire understanding between the parties with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing and signed by the parties who executed the original Agreement or by those at the same level of authority.

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15.2 In the event that there is any legal court (e.g. Superior Court of the State of

California, County of Los Angeles, or the U.S. Agency Court for the Central Agency of California) proceeding between the parties to enforce or interpret this Agreement or the applicable requirements of LACMTA to protect or establish any rights or remedies hereunder, each party shall be responsible for its costs and expenses.

15.3 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 the Agency under or in connection with any work performed by, and/or service provided by, the Agency, its officers, agents, employees, contractors and subcontractors under this Agreement or the guidelines. The Agency 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 or for damage to or loss of use of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including, without limitation: (i) misuse of the Funding Amount by the Agency, or its officers, agents, employees, contractors or subcontractors; (ii) challenges, claims or litigation filed on behalf of any affected transportation provider and/or employees’ union; (iii) breach of the Agency’s obligations under this Agreement or the Federal Grant; or, (iv) any act or omission by the Agency, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services including, without limitation, the SOW as described in this Agreement.

15.4 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.

15.5 The Agency shall comply with and ensure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements and the applicable requirements and regulations of the LACMTA.

15.6 The Agency shall not assign this Agreement, or any part thereof, without written consent and prior approval of the LACMTA’s CEO or his designee, and any assignment without said consent shall be void and unenforceable. Subject to all requirements of this Agreement, the Federal Grant, and all other applicable requirements of LACMTA and FTA, including without limitation the requirement that design and construction services be competitively procured, the Agency may contract with other entities, including its affiliates in a project management role, to implement this Agreement.

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15.7 This Agreement shall be governed by California law and applicable federal law. If any provision of this Agreement 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.

15.8 The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.

15.9 All notices shall be given to the project managers of each agency at the addresses specified in Section 4 of this Agreement, unless otherwise notified in writing of change of address.

15.10 The Agency, in the performance of the work required by this Agreement, is not a contractor nor an agent or employee of LACMTA and attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. The Agency shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Arthur T. Leahy Date Chief Executive Officer

APPROVED AS TO FORM: Robert E. Kalunian Acting County Counsel By: Deputy Date GRANTEE: _____________________________________________________________________________ By: Date ____________________, Title

APPROVED AS TO FORM (OPTIONAL):

By:

Date General Counsel


D. NF Program MOU

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FTA GRANT CA-57-X100 MOU.XXXXXXXXX

FUNDING AGREEMENT FOR SECTION 5317 NEW FREEDOM PROGRAM GRANT FUNDS

This Funding Agreement for Section 5317 New Freedom Program Funds (the “Agreement”) is dated as of September 1, 2009 (the “Effective Date”) and is by and between the _________________________________ (the “Agency”) and the Los Angeles County Metropolitan Transportation Authority (“LACMTA”). RECITALS A. On May 25, 2006 the LACMTA Board adopted a resolution declaring LACMTA to be the

Designated Recipient for formula funds from the Federal Transit Administration (FTA) Section 5317 New Freedom Program.

B. Pursuant to the LACMTA Board action of May 25, 2006, the LACMTA Chief Executive Officer (CEO) or his/her designee is authorized to enter into agreements with interested cities and local agencies in Los Angeles County for LACMTA in its role as the Designated Recipient for Section 5317 New Freedom Program grant funds (the “Federal Funds”).

C. On July 15, 2008 the LACMTA’s CEO approved the award of $1,600,000 to the Agency

for capital assistance to support the Agency’s “________________________________” (the “Project”).

D. As the Agency is currently not able to directly apply for the Federal Funds, LACMTA prepared and submitted a grant application to the FTA on the Agency’s behalf. E. On July 18, 2008 (the “Award Date”), the FTA awarded LACMTA grant CA-57-X100 for

the Federal Funds. The grant agreement executed between the FTA and LACMTA (the “Federal Grant”) includes Federal Funds of $1,600,000 for the Project.

F. The total cost for the Project described in the Scope of Work (the “SOW”), attached as

Exhibit “A”, hereto is estimated to be $2,000,000 (“Estimated Cost”). G. The Agency has agreed to provide the required local match of $400,000 (the “Local

Match”), as described in the Financial Plan that is attached as Exhibit “B”, and any additional funding required to complete the Project.

H. LACMTA assumes no responsibility for the funding of any portion of the Project. LACMTA is only acting as a pass through conduit for the Agency.

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I. The Agency understands that the Federal Funds provided herein are subject to the federal lapsing policy and that it must have obtained the environmental clearance required by federal regulations to use the Federal Funds

J. The parties desire to execute this Agreement so LACMTA may pass along the Federal

Funds received from the Federal Grant to the Agency. 1. PAYMENT OF FUNDS 1.1 To the extent LACMTA receives Federal Funds pursuant to the Federal Grant, LACMTA shall forward Federal Funds in an amount not to exceed $1,600,000 (the “Funding Amount”) to the Agency subject to the terms and conditions of the Federal Grant and this Agreement. 1.2 Payments to the Agency will be processed by LACMTA within a reasonable time period, but in no event more than sixty (60) calendar days after receipt of a Request for Reimbursement, which complies with the requirements of Section 4 below. 1.3 The Agency shall be subject to, and shall comply with, all requirements of the Federal Grant and other applicable requirements of the United States Department of Transportation (USDOT), the United States Department of Labor (USDOL), the FTA and of LACMTA as required by LACMTA to fulfill its responsibilities as the grantee under the Federal Grant and as the pass-through agency.

2. LACMTA COSTS 2.1 LACMTA will not charge the Agency for administrating these Federal Funds. 3. TERM 3.1 The term of this Agreement shall commence on the Effective Date first referenced above and shall terminate three years after the execution date of this Agreement (the “Termination Date”), unless terminated earlier as provided herein or extended by a written approval from LACMTA. 4. REQUEST FOR REIMBURSEMENT

4.1 The Agency shall contribute at least the statutorily or other required local contribution of matching funds (other than Federal Funds), if any is specified within this Agreement or any attachments hereto, toward the actual costs of the Project. The Agency’s Local Match under this Agreement is $400,000.

4.2 Not more frequently than once a month, the Agency will prepare and submit to LACMTA a Request for Reimbursement for allowable Project costs incurred and paid for by the Agency consistent with the Project’s SOW. The Request for Reimbursement submitted by the Agency shall be signed by an authorized agent who can duly certify the accuracy of the included information. Advance payments by LACMTA are not allowed.

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4.3 Each Request for Reimbursement will report the total of Project expenditures and will specify the percent and amount of Federal Funds to be reimbursed. The Request for Reimbursement shall be accompanied by a detailed invoice describing all invoiced work completed.

4.4 If applicable, the first Request for Reimbursement shall also be accompanied by a report describing any tasks specified in the SOW document which were accomplished prior to the Effective Date of this Agreement, which costs could be credited toward the required local match provided that LACMTA has provided prior written approval for such expenditures to the Agency.

4.5 LACMTA will retain 10 percent of each invoice amount until LACMTA has evaluated the Agency’s performance according to the criteria specified by LACMTA and the data provided by the Agency and has determined that all contract requirements under this Agreement have been satisfactorily fulfilled. The Agency shall invoice LACMTA for reimbursement of the 10 percent retention separately.

4.6 Eligible Project costs are described in the Federal Grant and in the FTA

guidelines. 4.7 The Request for Reimbursement must be submitted on the Agency’s letterhead.

4.8 The Agency should consult with LACMTA’s New Freedom Program Manager for questions regarding non-reimbursable expenses.

4.9 Total payments shall not exceed the Funding Amount specified in paragraph 1.1

above. No Request for Reimbursement will be processed by LACMTA after the Federal Grant termination date.

4.10 If any amounts paid to the Agency are disallowed or not reimbursed by the

FTA for any reason, the Agency shall remit to LACMTA the disallowed or non-reimbursed amount(s) within 30 days from receipt of LACMTA’s notice. All payments made by LACMTA hereunder are subject to the audit provisions contained herein and within the Federal Grant.

4.11 The Agency shall comply with and ensure that work performed under this

Agreement is done in compliance with all applicable provisions of federal, state and local laws, statutes, ordinances, rules, regulations and procedural requirements, including without limitation, Federal Acquisition Regulations (FAR) and the applicable requirements and regulations of LACMTA. The Agency acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state or local laws and regulations and LACMTA requirements, including any amendments thereto.

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4.12 All requests for reimbursement shall be transmitted to LACMTA’s Accounts Payable Department using one of the following two options:

1) E-mail: [email protected] Ref# MOU.XXXXXXXXX (CA-57-X100) 2) Standard Mail: Los Angeles County Metropolitan Transportation Authority P.O. Box 512296 Attention: Accounts Payable Los Angeles, CA 90051-0296 Ref# MOU.XXXXXXXXX (CA-57-X100)

A copy of all Request for Reimbursement submittals shall also be forward to the LACMTA’s New Freedom Program Manager:

Los Angeles County Metropolitan Transportation Authority Regional Program Management Attention: Ashad Hamideh, Ph.D. New Freedom Program Manager One Gateway Plaza Mail Stop: 99-23-3 Los Angeles, CA 90012-2952 [email protected]

4.13 The Agency shall update LACMTA’s New Freedom Program Manager in writing regarding any changes to the Project management team. Unless otherwise specified, the following Agency address and contact person will be used by LACMTA for all correspondence and documentation relevant to this Agreement:

_____________________________________________________________ ___________________ ___________________ Attention: _________________________________

5. START AND END DATE OF REIMBURSABLE ACTIVITIES Unless written notification is otherwise provided by LACMTA, the start date of reimbursable activities is the Effective Date of this Agreement. Actual reimbursement of eligible work cannot occur until LACMTA and the Agency execute this Agreement and LACMTA has entered into the Federal Grant with the FTA. The end date of reimbursable activities is the Termination Date of this Agreement.

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6. FEDERAL REQUIREMENTS 6.1 The Agency shall utilize the Funding Amount and Local Match to complete the

Project as described in the SOW and in accordance with the Federal Grant requirements of the FTA and this Agreement. 6.2 All FTA requirements and guidelines, as summarized in the Federal Grant and the FTA Master Agreement, are incorporated by reference herein as part of this Agreement. These requirements include, but are not limited to: (a) Assurances of legal authority. (b) Certification of non-debarment, suspension or termination.

(c) Certification of a drug-free workplace. (d) Inter-governmental review. (e) Civil Rights review, including Title VI Program review. (f) Disadvantaged Business Enterprise (DBE) assurances. (g) Americans with Disabilities Act (ADA) disability non-discrimination. (h) Office of Management and Budget (OMB) certification. (i) Lobbying certifications. (j) Buy America requirements. (k) NEPA environmental review. (l) Single audit requirements. (m) FTA Circular C 9300.1A (Capital Program).

(n) FTA Circular C 5010.1C (Grants Management). (o) FTA Circular C 4220.1F (Third-Party Contracting). (p) Section 5333 (b) of the Federal Transit Act (Employee Protective Arrangements). (q) FTA Circular C 9045.1 (New Freedom Program). (r) FTA Circular C 9050.1 (Job Access and Reverse Commute Program).

6.3 LACMTA shall not be responsible for providing any funding to substitute for

the Federal Funds in the event the Federal Grant is withdrawn or is recalled or if the Federal Grant is not appropriated for any reason. In the event the Federal Grant is closed, the Agency will reimburse LACMTA any funds paid to the Agency that are no longer available under the Federal Grant.

6.4 Should the FTA or the USDOL require amendments, revisions, deletions of, or additions to the provisions contained within this Agreement, the Agency shall promptly execute all such amendments, revisions, deletions, or additions, as necessary, to comply with requirements of the FTA and the USDOL. 7. REPORTING AND AUDIT REQUIREMENTS

7.1 The Agency shall be subject to and shall comply with all applicable requirements of LACMTA, the FTA, and the USDOL regarding Project reporting and audit requirements. The Agency shall use the assigned Federal Grant number (CA-57-X100) and MOU number (MOU.XXXXXXXXX) on all correspondence.

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7.2 The Agency shall submit the following Reports and Certifications to LACMTA for the duration of the Project:

(a) Quarterly Narrative and Financial Report on Project Progress. (b) Annual FTA Compliance Self-Certification. (c) Maintenance records for all vehicles funded with the Federal Funds.

(d) Other reports that may be required.

7.3 LACMTA and the FTA and/or their respective designees, in order to fulfill their respective responsibilities as the grantee/designated recipient and grantor of the Federal Grant, shall have the right to conduct audits of the Project, as needed, such as financial and compliance audits and performance audits. The Agency shall establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP) as applied to governmental agencies. The Agency shall reimburse LACMTA for any expenditure not in compliance with the SOW or other terms and conditions of this Agreement, other applicable requirements of LACMTA or requirements of the Federal Grant, or other applicable requirements of the FTA. LACMTA shall use FAR standards in determining the reasonableness of costs incurred. LACMTA shall have the right to conduct an audit using an outside auditing firm. The findings of that LACMTA audit will be final.

7.4 The Agency shall retain all original records and documents related to the Project for a period of three years after final payment or in accordance with the Federal Grant, whichever time period is greater.

7.5 The Agency shall obtain the services of an independent auditor to conduct a single audit of the Project each year in conformance with the provisions of OMB Circular A-133. The Agency shall submit a copy of each single audit to the LACMTA within 30 days of its completion. 8. FUNDS AVAILABILITY This Agreement will allow the LACMTA to pass along the Federal Funds from the Federal Grant to the Agency. The Funding Amount consists of Section 5317 Federal Funds and is subject to the terms and conditions of this Agreement, the Federal Grant, and the applicable requirements of the LACMTA and the FTA. This Agreement neither implies nor obligates any funding commitment by the LACMTA for the Project. All funds are contingent upon federal appropriation and the FTA’s approval of a grant application. If a Letter of No Prejudice is issued by the FTA, the Agency assumes all the risk of spending the Local Match early on the Project. 9. EXPENDITURE AND DISPOSITION OF FUNDS

9.1 The expenditure and disposition of the Funding Amount by the Agency shall be subject to and in accordance with the terms and conditions of this Agreement, the Federal Grant and the applicable requirements of LACMTA and the FTA. The Agency shall not utilize the Funding Amount in any way or on any project other than that specified in this Agreement and in the Federal Grant.

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9.2 The programmed budget (the "Financial Plan") specifying the sources and amounts of funds to be used to pay for the Project is attached to this Agreement as Exhibit “B”.

9.3 ONLY FOR CONSTRUCTION PROJECTS - At the substantial completion of the Project, the Agency will submit to LACMTA a Notice of Substantial Completion when: (i) the contractor has completed all the activities specified in the SOW, except punch list items; and, (ii) the Agency has ensured that the work was performed in accordance with all applicable Project requirements outlined in the SOW. Within a reasonable time thereafter, the Agency and LACMTA will inspect the Project to ascertain substantial completion and to agree on the punch list. The Agency shall ensure that all punch list items are completed and shall submit a Request for Final Acceptance. Within 30 days thereafter, LACMTA will inspect the Project. If accepted, the Agency shall obtain and submit to LACMTA releases from its contractors and subcontractors. Upon approval of the releases, LACMTA will release any retention and make a final payment to the Agency. If the Project or releases are not accepted or approved by LACMTA, the Agency shall perform, or have its contractors perform, such acts as are necessary to obtain acceptance of the Project or releases. ONLY FOR NON-CONSTRUCTION PROJECTS - At the substantial completion of the Project, the Agency will submit to LACMTA a Notice of Substantial Completion when: (i) the Agency has completed all procurement or work contained within the SOW; and, (ii) the Agency has ensured that the procurement was performed in accordance with all applicable Project requirements. Within a reasonable time thereafter, the Agency and LACMTA will meet to conduct a site visit, as applicable, to: (a) verify that all vehicles/equipment have been received by the Agency; (b) validate that the vehicles/equipment have been placed in service; (c) confirm that the provider(s) have been paid; (d) verify that the Agency’s Project and/or procurement files are in order; and, (e) agree on a punch list. The Agency shall ensure that all punch list items are completed and shall submit a Request for Final Acceptance. Within 30 days thereafter, LACMTA will meet with the Agency to re-inspect the procured item(s). If the procured item(s) is not accepted or approved by LACMTA, the Agency shall perform such acts as are necessary to obtain acceptance of the procured item(s). Once LACMTA accepts the procured item(s), LACMTA will release any retention and make a final payment to the Agency.

9.4 The Agency shall be responsible for any and all cost overruns for the Project. Further, the Agency shall be responsible for covering operating deficits through long-term stable and reliable sources of revenue and to maintain and operate the federally funded Project.

9.5 Upon completion of the Project described in the SOW and disposition of the 10 percent retention, any unused Funding Amount shall revert back to the FTA. 9.6 The Agency shall address all correspondence to the FTA regarding this Project through the LACMTA’s New Freedom Program Manager.

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9.7 No material changes, as determined by LACMTA in its reasonable discretion and subject to the final discretion of the FTA, to the Financial Plan or the SOW shall be funded or allowed without an amendment to this Agreement approved and signed by the LACMTA’s CEO or his designee and an amendment to the Federal Grant evidencing the FTA’s acceptance of such material change. The Agency shall give advance written notice to LACMTA of all proposed changes to the Financial Plan or SOW that the Agency originally submitted to LACMTA. 10. TIMELY USE OF FUNDS

10.1 The Agency shall obligate the Funding Amount programmed under this Agreement within two (2) years from the Effective Date of this Agreement, unless otherwise stated in this Agreement.

10.2 In the event this Agreement is not executed and/or evidence of timely obligation of the Funding Amount is not provided as described in Section 10.1 of this Agreement, the Project will be reevaluated by LACMTA and the Funding Amount may be deobligated consistent with the FTA’s requirements. In the event that the Funding Amount is deobligated, this Agreement shall automatically terminate. 11. DEFAULT. Default under this Agreement is defined as one or more of the following: (i) the Agency fails to comply with the terms and conditions contained in this Agreement or the Federal Grant; (ii) the Agency fails to perform satisfactorily or to make sufficient progress toward Project completion; (iii) the Agency makes a material change to the SOW or the Financial Plan without prior written consent or approval by LACMTA and the FTA; or, (iv) the Agency is in default of any other applicable requirements of LACMTA or the FTA. 12. REMEDIES

12.1 In the event of a default by the Agency (as defined in Section 11), the LACMTA shall provide written notice of such default to the Agency with a 30-day period to cure the default. In the event the Agency fails to cure the default, or commit to cure the default and commence the same within such 30-day period to the satisfaction of LACMTA, the following remedies shall be available to LACMTA:

(a) LACMTA may terminate this Agreement; (b) LACMTA may make a determination to make no further disbursements of the Funding Amount to the Agency; (c) LACMTA may recover from the Agency any funds paid to the Agency after the default; and/or,

(d) Any remedies the FTA may have under the Federal Grant.

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12.2 Effective upon receipt of written notice of termination from LACMTA, the Agency shall not undertake any new work or obligation with respect to this Agreement unless so approved by LACMTA in writing.

12.3 Subject to LACMTA’s providing prior written notice with a 30-day period to cure the default, the remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 13. SECTION 5333(b) REQUIREMENTS 13.1 For purposes of satisfying the requirements of Section 5333(b) of the Federal Transit Act, by signing this Agreement the Agency certifies its acceptance of the terms and conditions of all protective arrangements applicable to all capital and operating assistance projects and of any other Section 5333(b) protections certified by the USDOL as applicable to any federal funding received.

13.2 The Agency shall indemnify, defend, and hold harmless the LACMTA and its employees, officers and agents for any claims properly brought by public transportation employees in the Agency’s service area pursuant to the Special Warranty, or any other Section 5333(b) arrangements, that may be filed against LACMTA and that may arise from any or all of the Federal Grant awarded to LACMTA on behalf of the Agency for the Project. 14. TERMINATION

14.1 Notwithstanding the term of this Agreement, specified in Section 3 above, either the Agency or LACMTA may terminate its obligations hereunder at any time, without cause, prior to submittal of the grant application to the FTA by providing not less than ten (10) calendar days advanced written notice of such intent to terminate. The Agency and LACMTA may mutually terminate this Agreement with less than ten (10) days written notice if approved by both parties. Once LACMTA has submitted the grant application to the FTA, the Agency shall have no rights, if applicable, to terminate this agreement as provided in this section.

14.2 In the event of termination of this Agreement, LACMTA will immediately stop rendering services under this Agreement. 15. OTHER TERMS AND CONDITIONS

15.1 This Agreement, along with the applicable requirements of the FTA, the USDOL, LACMTA, and the Federal Grant, constitutes the entire understanding between the parties with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing and signed by the parties who executed the original Agreement or by those at the same level of authority.

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15.2 In the event that there is any legal court (e.g. Superior Court of the State of

California, County of Los Angeles, or the U.S. Agency Court for the Central Agency of California) proceeding between the parties to enforce or interpret this Agreement or the applicable requirements of LACMTA to protect or establish any rights or remedies hereunder, each party shall be responsible for its costs and expenses.

15.3 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 the Agency under or in connection with any work performed by, and/or service provided by, the Agency, its officers, agents, employees, contractors and subcontractors under this Agreement or the guidelines. The Agency 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 or for damage to or loss of use of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including, without limitation: (i) misuse of the Funding Amount by the Agency, or its officers, agents, employees, contractors or subcontractors; (ii) challenges, claims or litigation filed on behalf of any affected transportation provider and/or employees’ union; (iii) breach of the Agency’s obligations under this Agreement or the Federal Grant; or, (iv) any act or omission by the Agency, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services including, without limitation, the SOW as described in this Agreement.

15.4 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.

15.5 The Agency shall comply with and ensure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements and the applicable requirements and regulations of the LACMTA.

15.6 The Agency shall not assign this Agreement, or any part thereof, without written consent and prior approval of the LACMTA’s CEO or his designee, and any assignment without said consent shall be void and unenforceable. Subject to all requirements of this Agreement, the Federal Grant, and all other applicable requirements of LACMTA and FTA, including without limitation the requirement that design and construction services be competitively procured, the Agency may contract with other entities, including its affiliates in a project management role, to implement this Agreement.

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15.7 This Agreement shall be governed by California law and applicable federal law. If any provision of this Agreement 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.

15.8 The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.

15.9 All notices shall be given to the project managers of each agency at the addresses specified in Section 4 of this Agreement, unless otherwise notified in writing of change of address.

15.10 The Agency, in the performance of the work required by this Agreement, is not a contractor nor an agent or employee of LACMTA and attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. The Agency shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Arthur T. Leahy Date Chief Executive Officer

APPROVED AS TO FORM: Robert E. Kalunian Acting County Counsel By: Deputy Date GRANTEE: _____________________________________________________________________________ By: Date ____________________, Title

APPROVED AS TO FORM (OPTIONAL):

By:

Date General Counsel

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