HomeMy WebLinkAboutResolution No. 18-7772-Authorizing CM to Execute Measure M Local Return AssurancesA RESOLUTION OF • OF OF DOWNEY
AUTHORIZING• EXECUTE MEASURE M LOCAL
RETURN ASSURANCES AND UNDERSTANDING AGREEMENT AND
RELATED DOCUMENTS PERTAINING TO THE RECEIPT AND USE OF
TTE4SURE M LOCALRETURN FUNDS
WHEREAS, on June 23, 2016 the Los Angeles County Metropolitan Transportation
Agency Board of Directors proposed a '/2 cent sales tax ballot measure, titled the Los Angeles
County Traffic Improvement Plan, to develop projects to mitigate traffic congestion and poor air
quality as a result of expected long-term population growth;
WHEREAS, On November 8, 2016 voters approved the Measure M '/a cent sales tax
ballot measure which is expected to generate annual local return funds for period of 40 years
to various Cities within the Gateway Cities sub region;
WHEREAS, it is in the interest of the City to pursue their share of the Measure M local
return revenue funds;
WHEREAS, the City is required to authorize the City Manager to execute the Measure M
Local Return Assurances and Understanding Agreement attached hereto as Exhibit "A" in order
to receive and use Measure M local return funds;
• - •- • ri, - - • • •
SECTION 1. The City Council of the City of Downey authorizes the City Manager to
execute on behalf of the City the Measure M Local Return Assurances and Understanding
Agreement, Amendments and related documents.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution..
APPROVED AND ADOPTED this 13th day of E ruar, 2018.
SEAN ASHTON, Mayor
ATTEST:
ARI ALICIA DUARTE, MC
City Clerk
RESOLUTION NO.
PAGE 2
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 13th day of February, 2018 by the follo inq
vote, to wit:
AYES: Council Members: Pacheco, Rodriguez, Saab, Vasquez, Mayor Ashton
NOES: Council Member: None.
ABSENT: Council Member: None.
ABSTAIN; Council Member: None.
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AI ALICIA DUARTE, MC
City Clerk
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the following assurances and understandings.
1. That the Measure M LR funds are to be used to augment, not supplant, existing local revenues
being used for transportation purposes;
I That Measure M LR funds will be used for public transportation purposes as defined in
LACMTA's Measure M LR Guidelines;
a� An Expenditure Plan, annually, by August V of each year, including a proposed budget
of the current year's expenditures;
b. An Expenditure Report, annually, by October 15t" of each year, including an update of
the prior year's expenditures;
4Unless otherwise required by LACMTA, an audit certified by a Certified Public Accountant,
will be conducted by LACMTA within 180 days of the close of the fiscal year;
-5. That all projects proposed for Measure M LR funding will meet the legal requirements of t
Measure M Ordinance and LACMTA's LR Guidelines criteria. I
MEMMEMERM
I . That LACMTA will require the undersigned to return any Measure M LR funds and may impo
interest penalties on any expenditure found to be illegal or improper under the terms of t
Measure M Ordinance or the LACMTA's LR Guidelines;
2. That the undersigned will, for projects to be funded in part or in whole with Measure M L
funds, comply with all applicable federal, state, and local laws and regulations, including witho
limitation: Americans With Disabilities Act (ADA), CEQA and NEPA, affirmative actio
transit accessibility and public health and safety requirements and fair labor practices;
3. That the undersigned will utilize the State Controller's Uniform System of Accounts and Recor
to accommodate uses and disbursements of Measure M LR funds which will allow financial an
compliance audits of Measure M LR funds transactions and expenditures to be conducted;
4. That any Measure M LR funds not expended within five (5) years, under the Timely Use
Funds time period, or held in a Capital Reserve account approved by LACMTA, thereafter wV
be returned to LACMTA upon request.
5. In addition to implementing new Measure M eligible r0i n ects and programs, jurisdictions may
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use Measure M LR funds to supplement existing Measure M eligible projects and programs
should there be a current or projected funding shortfall. LAC TA reserves the light to request
appropriate documentation from a Jurisdiction to support the existence of a funding shortfall.
6. The undersigned acknowledges Metro's support of Disadvantaged Business
Enterprises/Small Business Enterprises (DBEs/SBEs) and agrees to utilize a procurement
process on its Measure M LR projects that, whenever practical, encourages the participation
of DBE/SBEs.
K 14 1191014 NW4 go] 91W-1
CITY OFD
BY
'i er as
Cit,N:Iana er
DATE
ATTEST:
Xan IgAciaDua e, MC
City Clerk
Yytte M. Abic�4 Garcia
ty Attorney
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