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HomeMy WebLinkAbout11. Approve Grant Agrmt w-LACMTA for Downey Ride & Stride Street EventItem \• APPROVED .wOi CITY At s -ROM: OFFICE OF mm BY: PAMELA J. PASSOW, DIRECTOR OF PARKS & RECREATION APPROVE •' 2020 OPEN STREETS GRANT PROGRAM WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUT1YOTu1W N x0101 1�1 11 l • That the City Council: 1. Approve Grant Agreement with Los Angeles County Metropolitan Transportation Authority (LACMTA) for grant award in the amount of $172,405 for an event titled Downey Ride & Stride Open Street Event; and 2. Authorize the City Manager to execute the Agreement in a form approved by the City Attorney; and 3. Authorize the City Manager to execute any amendments to the Agreement deemed necessary to complete the grant project in a form approved by the City Attorney. 11161019f..�7 C•7 In the past several years, the City has purposefully moved towards implementing policies and programs which place an emphasis on community health, wellness, and overall quality of life. This can be seen in the City spear -headed Healthy Downey initiative, the City Council adopted Bicycle Master Plan, the City's commitment to improving street congestion by encouraging the use of alternate methods of transportation through the installation of expanded bicycle road lanes, bicycle parking areas, and pedestrian lighting, and through City sponsored/hosted events such as the annual 5K for TLC which the City hosts in conjunction with the Downey Unified School District. As part of the City's on -going commitment, staff submitted a grant application in March 2019 for the first cycle of Open Streets Competitive Grant funding, made available through LACTMA, to fund Open Street events in Los Angeles County. Open Street events are temporary one -day events that close the streets to automotive traffic and open them for people to walk, ride bikes, use non -motorized scooters, ride skateboards, push strollers and use other non -motorized apparatus (exceptions for motorized wheelchairs and other APPROVE GRANT- i. 2020 OPEN STREETS GRANT PROGRAM LOS ANGELES COUNTYMETROPOLITAN TRANSPORTATION AUTHORITY1 1 mobility aids). The objective of LACMTA Open Streets is to provide opportunities for 1) riding transit, walking, and riding an alternative mode of transportation (i.e. bikes, skateboards, scooters) and 2) civic engagement to foster the development of multi -modal policies and infrastructure at the local level. Studies have shown that Open Street events have a positive impact on local economies, help provide improved air quality by reducing particulate matter, and encourage physical wellness. The City has hosted two previous open street events in conjunction with LACMTA in 2016 and 2017 which were well attended and enjoyed by the community. This year's Downey Ride & Stride Open Streets event will be held on Sunday, May 17, 2020 from 10am — 3pm. The almost 5 mile route format of the event will feature several activity hubs with informational booths along the route, music and entertainment, food trucks, activities at the Columbia Memorial Space Center, Kidslavia festival at Discovery Sports Complex, health fair and Veteran's services sections, and inclusion of the annual Street Faire hosted in conjunction with the Downey Chamber of Commerce. Extensive community outreach will include a community information meeting, direct mailer to businesses and residents along the route, as well as all City social media platforms. Additional outreach will be conducted prior to the event to inform all businesses, churches, organizations, and residents along the route to ensure that road closures will minimally impact their daily schedule. Further, businesses will be encouraged to offer event specials, promote sidewalk sales, and distribute coupons for future discounts. LACMTA will provide marketing support through their social media, print ads, blogs, websites, and other partners to assist the City in promoting this event to the Los Angeles region. The local match of $46,959 is budgeted in funds 10-4-4310, 10-4-4321, 10-4-4322, and 10-4- 4340 in the amount of $33,369 for FY19/20. The balance of $13590 in matching funds is in in - kind City contributions which consists of work by volunteers, vehicles, and equipment. Exhibit A - Grant Agreement F !- -- - illiil i GRANT AGREEMENT FOR PROGRAMOPEN STREETS GRANT 2020 This Grant Agreement for Open Streets Grant Program FY 2020 Mini -cycle (the "Agreement') is dated the day of the LACMTA Board Approval May 23, 2019 (the "Effective • is by and between the City of Downey and the LosAngeles County••• .n Transportation c • a A. On May 23, 2019, the LACMTA Board approved the Open Streets Grant Program FY 2020 Mini -cycle providing Los Angeles County Proposition C 25% funds for one -day events that close the street to automotive traffic and open them to people to walk or bike ("Open Street Events"). Should other eligible funding sources become available, they may be used in place of the identified funds. r.Proposition C 25% funds are eligible for Transportation System Management/Demand RestrictionManagement (TSMITDM) programs such as Open Streets Events. SCAG identifies Open Street Events as Transportation System Management / Demand Management (TSM/TDM) programs in the 2012 Regional Transportation Plan (RTP) Congestion Management Appendix in the section titled Congestion Management Toolbox — Motor Vehicle • Project,C. On May 23, 2019, the LACMTA Board approved the award of $172,405 to Grantee for Grantee's Open Street Event titled Downey Ride & Stride Open Streets Event (Open Street Grant Program ID#CYC202 which is more particularly described in the Scope of Work ("Scope of Work") attached as Exhibit "A" hereto (the "Project"). Grantee's actual one day Open Street Event is referred to herein as the "Event." The term i:: herein, is defined • include all planning activities as well as the Event itself. D, Grantee has agreed to provide the required local match (in kind or monetary) ol $46,959 (the "Local Match"), as described in the Financial Plan that is attached as Exhibit "B". and any additional funding required to complete the Project. The Financial Plan documents all sourcesof f programmed • ' " • yM 1.1 LACMTA shall make a one-time grant of funds in the amount of $172,405 (this "Funds") to Grantee subject to the terms and conditions of the Grant and this Agreement. 1.2 This one-time grant shall be paid on a reimbursement basis. The Local or In - Kind Match must be spent in the appropriate proportion to the Funds. 1.3 Grantee shall be subject to, and shall comply with, all requirements of the United States Department of Transportation (USDOT) and the United States Department of Labor (USDOL). In addition, Grantee shall comply with all requirements of LACMTA. 1.4 The obligation for LACMTA to advance the Funds for the Project is subject to sufficient funds being made available for the Project by the LACMTA Board of Directors. If such funds are not made available for the Project, this Agreement shall be void and have no further force and effect. 2.1 Grantee shall complete the Project, including, without limitation, producing the Event, as described in the Scope of Work. The Scope of Work for the Project is attached to this Agreement as Exhibit "A" hereto. The Scope of Work includes a description of the Project, a detailed description of the work to be completed by Grantee including, without limitation, Project milestones and a set schedule for the Event. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If a Grantee is consistently behind schedule in meeti•'I t•nes elliv• 2.2 Grantee shall utilize the Funds provided herein to complete the Project as 1escribed in the Scope of Work and in accordance with this Agreement. The grant Funds provided herein can only be used towards the completion of the Scope of Work. 2.3 The grant shall provide the Funds for the non -infrastructure costs of implementing Open Street events per the Metro Board award on May 23, 2019. Per the funding guidelines, physical infrastructure costs associated with the events are not eligible for reimbursement. 2.4 Grantee shall employ any means necessary to ensure that no motorized Page 2 Open Streets 1D# 920000000CYC202 ATTACHMENT A Open Streets 1D# 920000000CYC202 2.4 Grantee shall employ any means necessary to ensure that no motorized vehicles operated by the public enter the event route. Grantee shall ensure that except for in the case of an emergency, city departments such as police and fire shall utilize only non - motorized forms of transportation on the event route during the hours of the event detailed in Exhibit A below. UNNOM 3.1 The term of this Agreement shall commence on the Effective Date and shall terminate on December 31, 2020 (the "Termination Dateunless terminated earlier as provided herein or extended by a written amendment to this Agreement. 4.1 Not more frequently than once a month, Grantee will prepare and submit to LACIVITA a Request for Reimbursement for allowable Project costs incurred by Grantee consistent with the Project's Scope of Work. The Request for Reimbursement submitted by Grantee shall be signed by an authorized agent who can duly certify the accuracy of the included information. 4.2 Each Request for Reimbursement must be submitted on Grantee's letterhead and shall include an invoice number and report the total of Project expenditures, specify the percent and amount of Proposition C Funds to be reimbursed, the amount of Local Match expended and include a detailed invoice describing all invoiced work completed along with appropriate detailed documentation supporting costs incurred. To ensure timely processing of invoices, each Request for Reimbursement shall not include any invoices which are older than three (3) months from the date of the Request for Reimbursement. 4.3 LACIVITA will make all disbursements electronically unless an exception is requested in writing. Disbursements via Automated Clearing House (ACH) will be made at no cost to Grantee. Grantee must complete the ACH form and submit such form to LACMTA before grant payments can be made. ACH Request Forms can be found at www.metro.net/projects-studies/call_projects/ref-docs.htm. 4.4 Any funds expended by Grantee prior to the Effective Date of this Agreement shall not be reimbursed nor shall they be credited toward Grantee's Local Match requirement, without the prior written consent of LACMTA. Local Match dollars expended prior to the Effective Date shall be spent at Grantee's own risk. If applicable, the first Request for of Work document which were accomplished prior to the Effective Date of this Agreement, which costs could be reimbursed with the Funds provided that LACIVITA has provided prior written approval for such expenditures to Grantee and authorized reimbursement for such amounts. 4.5 Grantee shall be responsible for any and all cost overruns for the Project. Page 3 Open Streets 1D# 920000000CYC202 ATTACHMENT A Open Streets 1D# 920000000CYC202 4.6 Grantee shall contribute Grantee's Local Match (in kind or monetary) of $172,405 •toward the Project. If the funds •identified in Exhibit "B" ' are insufficient to •complete the Project, Grantee agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project. 4.7 LACMTA will withhold ten percent (10%) of eligible expenditures per invoice as retainage. La will release the retainage after LACMTA has evaluated Grantee's performance according to the criteria specified by LACMTA and the data provided by Grantee in coordination with LACMTA's selected data collection contractor and has determined that all contract requirements under this Agreement have been satisfactorily fulfilled. Grantee shall invoice LACMTA for reimbursement of the ten percent retention separately. 4.8 Grantee should consult with LACMTA's Open Streets Program Manager for questions regarding non -reimbursable expenses. 4.9 Total payments shall not exceed the Funds specified in Section 1.1. No Request for Reimbursement will be processed by LACMTA for expenses incurred more than sixty (60) days after the date of the Event. 4.10 Grantee shall comply with and ensure that work performed under this statutes, ordinances, rules, regulations and procedural requirements, including without limitation, the applicable requirements and regulations of LACMTA and any other regulations or requirements stipulated by the source of funding used. Grantee acknowledges responsibility for obtaining copies of and complying with the terms of the most recent applicable federal, state or local laws and regulations and LACMTA requirements, including any amendments thereto. 4.11 All requests for reimbursement shall be transmitted to LACMTA's Accounts Payable Department using one of the following two options: 1) E-mail: AccountsPayable@Metro.net Rara"o - Los Angeles County Metropolitan Transportation Authority P.O. Box 512296 Attention: Accounts Payable Los Angeles, CA 90051-0296 Ref# Open Streets I D#CYC202 Lel�� rn- -:1 sm rd isle I r ATTACHMENT A it Streets ID# 920000000CYC2 Open Streets Program Manam ger, either by email to ThoasBJ@Metro.net or by standa rd mail to the address set forth in Section 4.12 below. 4.12 All notices required to be provided under this Agreement will be given to the parties at the addresses specified below, unless otherwise notified in writing of change of ?ddress. LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: LACMTA Open Streets Program Manager Brett Atencio Thomas, MS 99-23-1 Open Streets Grant Program Manager ThomasBJ@metro.net AI- IFIrIT lal City of Downey 7850 Quill Drive Downey, CA 90242 Attention: Department of Parks and Recreation Jason C Chacon Recreation Manager jchacon@downeyca.org qI �ik 8�,' iiii, IIIIiIIIII 5.1 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 Grantee execute this Agreement. The end date of reimbursable activities is sixty (60) days after the date of the Event. 6.1 Grantee shall be subject to and shall comply with all applicable requirements of LACMTA regarding Project reporting and audit requirements. Grantee shall use the assigned Open Streets ID# CYC202 on all correspondence. 6.2 Grantee shall submit the following Reports and Certifications to La for the turation of the Project: a) Narrative and Financial Report on Project Progress as required by LACMTA. (b) Other reports that may be required Page 5 Open Streets ID# 920000000CYC202 Open Streets 1D# 920000000CYC202 6.3 LACIVITA and/or their respective designees, in order to fulfill their respective responsibilities as grantor of the Funds, shall have the right to conduct audits of the Project, as needed, such as financial and compliance audits and performance audits. Grantee 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. Grantee shall reimburse ILACIVITA for any expenditure not in compliance with the Scope of Work or other ten-ns and conditions of this Agreement- LACIVITA shall have the right to conduct an audit using an outside auditing firm. The findings of that LACIVITA audit will be final. 6.4 Grantee shall retain all original records and documents related to the Project for period of three years after final payment. I 6.5 Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACIVITA to substantiate charges related to the Project (all collectively referred to as "records") shall be open to inspection and subject to audit and reproduction by LACIVITA auditors or authorized representatives to the extent deemed necessary by LACIVITA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACIVITA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by Grantee for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACIVITA's final audit is completed. U Grantee shall cause all contractors to comply with the requirements of Sections 6.3, 6.4 and 6.5 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACIVITA all records deemed necessary by LACIVITA auditors or authorized representatives related to the Project. 6.7 ILACIVITA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of Grantee and its contractors, shall have access to all necessary records, including reproduction at no charge to LACIVITA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this Agreement. 6.8 In addition to LACIVITA's other remedies as provided in this Agreement, LACMTA shall withhold the Funds provided herein and/or recommend not to award future Open Streets Program grants to Grantee if the LACIVITA audit has determined that Grantee failed to comply with the Scope of Work (such as misusing the Funds provided herein or failure to return the Funds provided herein owed to LACIVITA in accordance with LACIVITA audit findings) and/or is severely out of compliance with other terms and conditions as defined by this Agreement, including the access to records provisions. NMI ATTACHMENT A Open Streets ID# 920000000CYC2 6.9 When business travel associated with the Project requires use of a vehicle, the I mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates. ii 6.10 Grantee shall utilize a Standardized Data Collection Template provided by Metro to provide the LACMTA Open Streets Program Manager a Post -implementation Report no later than three months after the day of the Event which report shall include information to help Metro better evaluate the progress of the program toward achieving the objectives of the program goals presented in Board Motion 72 including providing information in the Post -implementation Report that details plans for new active transportation infrastructure and what the jurisdictions will do to increase bicycle and pedestrian mode shares post event. Additional information provided in the Post - implementation Report shall include participation counts; transportation use data; personal anecdotes from business owners, participants, and volunteers; local economic benefit; and any other reporting requirements detailed in the provided Standardized Data Collection Template. 1111111111TI Ri�,Fi 1! 111 P! I 1 111 1! 1 11 1111111 11 111111111 1 1 11 7-2 The following guidelines shall apply for indirect costs and in -kind contributions ?nd donations: (a) Indirect costs shall not be considered eligible costs for reimbursement, unless all the following requirements are met by Grantee: i) submit a written request to LACMTA; and, ii) receive a written approval from LACMTA prior to incurdng the expenditure. (b) In -kind contributions and donations shall be considered eligible as local' match only upon written approval by LACMTA. 8.1 The expenditure and disposition of the Funds by Grantee shall be subject to and in accordance with the terms and conditions of this Agreement and the applicable requirements of LACMTA. Grantee shall not utilize the Funds in any way or on any project other than that specified in this Agreement. 8.2 Grantee shall address all correspondence regarding this Project to the LACMTA Open Streets Program Manager. 8.3 The programmed budget (the "Financial Plan") specifying the sources and amounts of the Funds to be used to pay for the Project is attached to this Agreement as Exhibit Page 7 Open Streets 1D# 920000000CYC202 MGM 11BUM-0 8.4 No material changes, as determined by LACIVITA in its reasonable discretion, the Financial Plan or the Scope of Work shall be funded or allowed without an amendment this Agreement approved and signed by LACIVITA's CEO or his/her designee. Grantee sh give advance written notice to a, a, of all proposed changes to the Financial Plan Scope of Work that it originally submitted to LACIVITA. I 9.1 Grantee shall obligate the Funds programmed under this Agreement no later than sixty (60) days after the date of the Event. s is riot prollaea as aescriout in 5 s Agreferrient, Lne rrujOU np reevaluated by LACIVITA and the Funds may be deobligated. In the event that the Funds are 4eobligated, this Agreement shall automatically terminate. 10.1 Default under this Agreement is defined as one or more of the following: (i) Grantee fails to comply with the terms and conditions contained in this Agreement; (ii) Grantee fails to perform satisfactorily or to make sufficient progress toward Project completion; (iii) Grantee makes a material change to the Scope of Work or the Financial Plan without prior written consent or approval by LACMTA; or, (iv) Grantee is in default of any other applicable requirements of LACIVITA. 11.1 In the event of a default by Grantee (as defined in Section- 10)' the LACIVITA shall provide written notice of such default to Grantee with a 30-day period to cure the default. In the event Grantee fails to cure the default, or commit to cure the default and commence the same within such 30-day period to the satisfaction of LACIVITA, the following remedies shall be (a) LACIVITA may terminate this Agreement; (b) LACIVITA may make a determination to make no further disbursements of the Funds to Grantee; (c) LACIVITA may recover from Grantee any funds paid to Grantee after the default; and/or, 11.2 Effective upon receipt of written notice of termination from LACMTA, Grantee shall not undertake any new work or obligation with respect to this Agreement unless so approved by LACIVITA in writing. Page 8 Open Streets ID# 920000000CYC202 ammumimismim W 191 ZMEM fiF=W1T,HU.1VtW 12.1 Notwithstanding the term of this Agreement, specified in Section 3 above, either Grantee or LACMTA may ten-ninate its obligations hereunder at I I, I Nola If Eel X rk MINUOKWUL P prior written notice. Upon termination, reimburse for any costs or expenses 13.1 LACMTA will be the exclusive presenting sponsor of the Event and all promotional materials, press releases, graphics, promotions via print, TV, radio or web channels and other identifiers will identify the Event as "Metro presents [insert Event or "[insert Event name] presented by Metro." The presenting sponsorship may not be shared. In addition, all printed and/or online promotional materials and promotions via print, TV, radio or web channels must include the "Open Streets Made Possible By Metro" type and logo lockup as supplied by the LACMTA Program Manager. Any other sponsor logos or credits for the Event must be separated graphically, in type and/or in following succession from the presenting sponsor mention of LACMTA and "Open Streets Made Possible By Metro" type andlogolockup. 13.2 For purposes of this Agreement, "Communications Materials" include, but art not limited to, literature, newsletters, publications, websites, advertisements, brochures, maps, information materials, video, radio and public service announcements, press releases, prest event advisories, and all other related materials. 13.3 All Social Media notification calling out the event will identify the Event as "Metro presents [insert Event name]," or "[insert Event name] presented by Metro." Any graphics used in said notifications that include the title of the event must include the "Open Streets Made Possible By Metro" type and logo lockup as supplied by the LACMTA Program Manager. 13.4 Grantee shall ensure that all Event promotions via print, TV, Radio or soci media channels include one of the following references or links to LACMTA's online presence as appropriate depending on the platform: Twitter accounts: @BikeMetro or @Metro losa ngeles; Facebook pages: facebook.com/bikemetro or face bo•k. co m/lo sangelesmetro. I 13.5 Grantee shall notify the LACMTA Chief Communications Officer or its designee of all press events related to the Project in such a manner that allows LACMTA to participate in such events, at LACMTA's sole discretion. 13.6 Grantee shall ensure that all Communications Materials identify the Event as "Metro presents [insert Event name]," or "[insert Event name] presented by Metro," or other Page 9 ATTACHMENT A Open Streets ID# 920000000CYC202 mutually agreeable language and graphic lockup featuring Metro and/or the Metro logo, and comply with recognition of LACMTA's contribution to the Event as more particularly set forth in "Funding Agreement Communications Materials Guidelines" available online or from the LACMTA Open Streets Program Manager. Grantee shall check with the LACMTA Open Streets Program Manager for the web address. The Funding Agreement Communications Materials Guidelines may be changed from time to time during the course of this Agreement. Grantee shall be responsible for complying with the communications requirements specified in this Agreement and with the latest Funding Agreement Communications Materials Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. 13.7 Grantee shall submit all graphic files and Communications Materials to LACMTA for approval by the LACMTA Open Streets Program Manager and LACMTA Communications prior to the release of such publicity or promotional materials or Communications Materials for the Event. LACMTA shall have at least one day to review and provide its approval. After any Communications Materials have been released to the public, Grantee shall provide a copy of or notice of such Communications Materials to the LACMTA Open Streets Program Manager by e-mail. 13.8 LACMTA shall be provided at no cost.with a minimum of 1,000 SF space in a prominent, central location at the Event for an LACMTA booth/activity space, plus at least two 10' x 10' spaces for satellite displays elsewhere at the Event. LACMTA shall have the right at any one or more of the above three locations or through a mobile vending cart, bicycle, or other vehicle, to sell, distribute or otherwise make available to Event attendees marketing, outreach and other promotional products and merchandise, including, without limitation, fare media, t-shirts and other apparel, accessories, items available for sale at the Metro Store, brochures, maps, Metro Bike Share bike rentals, take -ones and other novelty items. The selection of products and merchandise available for sale and distribution shall be at LACMTA�e-%Q�. + _.�wti. 13.9 The LACMTA Open Streets Program Manager shall be responsible for monitoring Grantee compliance with the terms and conditions of this Section 14. Grante6 failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein. 13.10 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines available from the LACMTA Communications Division. Upon request, LACMTA shall provide scalable vector files with required type styling and logo placement for tagline and visual materials. OF-812 III Ito ill ter -HI MARRO PIM ------- ATTACHMENT A :11 kyj [ILI I 14.1 Neither LACIVITA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by Grantee under or in connection with the Project, any work performed by, and/or service provided by, Grantee, its officers, agents, employees, contractors and subcontractors under this Agreement. Grantee shall fully indemnify, defend and hold LACIVITA, its subsidiaries and their respective officers, agents, and employees han-riless from and against any claims, loss demand, action, damages, liability, penalty, fine judgment, lien, costs, 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 (including consequential damages) (collectively, "Claims") arising out of the Project, including, without limitation: (i) use of the Funds provided herein by Grantee, or its officers, agents, employees, transportation provider and/or employees' union; (iii) breach of the Grantee obligations under this Agreement or the Grant; (iv) any act or omission of Grantee, or its officers, agents, employees, contractors or subcontractors in the performance of the Scope of Work and the Project; or (v) any Claims arising from the actual Event itself. IIR I �15*w 15.1 This Agreement, along with the applicable requirements of -WkCrTITA 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. 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 Uf California) proceeding between the parties to enforce or interpret this Agreement or tha applicable requirements of LACIVITA to protect or establish any rights or remedies hereunder, each party shall be responsible for its costs and expenses. 15.3 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 '? public enemy, and government acts beyond the control and without fault or negligence of thil affected party. Each party hereto shall give notice promptly to the other of the nature anit extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement. 15.4 Grantee 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 applicable requirements and regulations of the LACMTA. Page 11 Open Streets 1D# 920000000CYC202 ATTACHMENT A 15.5 Grantee shall not assign this Agreement, or any part thereof, without writt consent and prior approval of the LACMTA's CEO or his/her designee, and any assignme without said consent shall be void and unenforceable. 11 15.6 Subject to all requirements of this Agreement, and all other applicable requirements of LACMTA, including, without limitation, any requirement of competitive procurement of services and assets, Grantee may contract with other entities to implement this Agreement. 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 Grantee, in the performance of the work required by this Agreement, is not a All 0 0 is, 15.10 On September 26, 2002 the LACMTA Board of Directors required that prior to receiving Proposition C 10% or 25% grant funds, GRANTEE meet a Maintenance of Effort (MOE) requirement consistent with the State of California's MOE as determined by the State Controller's offiGe. With regard to enforcing the MOE, LACMTA will follow the State of California's MOE requirements, including, without limitation, suspension and re - implementation. MAYE111121191101OWN Open Streets ID # 920000000CYC202 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their �luly authorized representatives as of the dates indicated below: By: Phillip A. Washington Date Chief Executive Officer MARY C. WICKHAM County Counsel B 2-1131ZO 20 06 ty Date XUA1901111211;Mcme I -0 Gilbert Livas Date City Manager Page 13 Open Streets 1D# 920000000CYC202 I a : Rifts= =901 May 17, 2020, 9 a.m. — 3 p.m. 1-vent Description: The third Downey Ride & Stride Open Streets event route will consist of 4.96 miles of streets that will be open to pedestrians, bicyclist and non -motorized modes of transportation. The goal of the event will be to increase public awareness and participation in active transportation opportunities and promote the Healthy Downey Initiative. The Parks & Recreation Department will take the lead on the planning of the event and will coordinate a collaborative effort between Public Works, Police, Fire, and volunteer or The event will feature activity hubs along the route each promoting a specific feature of the event. For instance: Pop Fitness will feature fitness demonstrations, pick-up Futsal soccer games and dodge ball that patrons can participate in; Foodie Fest will host food trucks; Art on the Move will feature art displays, interactive art, and bike decorating; Kidslavia will host active youth activities such as a Rockwall, Boy Scout Village, information booths that promote health and wellness resources for youth and their families, and youth sports organizations will promote participation in youth sports; Fun - booths, a Keep Downey Beautiful coordinated environmental faire, and bike safety demonstrations; The Marketplace will be a destination for business vendors and service organizations to promote their services to the public. Each activity hub will have an event information booth, Healthy Downey Information booth, first aid station, restrooms, and music or live entertainment. The YMCA is located on the route and will host an information booth and stage for fitness activities such as Zumba, Yoga and dance. Businesses along the route will be provided the opportunity to participate by hosting sidewalk booths and hand out discount coupons to encourage participants to patronize their business the day of the event, as well as in the future. This year's event will feature a Fall Festival component that includes decorated booths, costume contests, pumpkin decorating and fall festival attractions. The Metro Green Line Station is .38 miles from the route. The City of Downey will coordinate with Metro Rail and Bus operations in advance of the event and Downey Link, a municipal bus service, will run at increased frequency during the hours of the event, and one hour pre and post event. In addition to coordinating transportation efforts with Metro and municipal services, the City will provide options for transporting people to the event other than by personal automobile, including: bike -bus shuttles to transport participants form the Stonewood Mall and area parks (Golden, Furman and Apollo). Page 14 Open Streets 1D# 920000000CYC202 ATTACHMENT A Open Streets I D# 920000000CYC202 Event Location: The event will occur in the City of Downey with the route starting and ending at the Downey Gateway retail center. The route will be adjacent to Downtown Downey, Civic Theatre, and City Library. The route will pass by the Transit Depot, Columbia Memorial Space Center, Discovery Sports Complex, and the Downey Landing, Gateway and Promenade retail centers. As the lead agency the City of Downey will coordinate with the following partners: Parks is Recreation — Event coordinator responsible for leading planning, budgeting, and evaluation. Parks & Recreation will be responsible for set-up and take -down on the day of the event, staffing event activities, road closures, and information booths. Public Works — traffic management plan and street closures. Police — Street closures at main intersections, safety and security at the event and provide Police Explorers to assist at activity hub. Fire — Medical emergency response on route, safety demonstrations, and provide Fire Explorers to assist at activity hub. CERT (Community Emergency Response Team) — Monitoring of driveways and side streets along route to prevent vehicles entering the route. Downey Adult School — First aid at each activity hub. Downey Chamber of Commerce — business outreach and event marketing. YMCA — hosting health and wellness activities and information booth at the YMCA location on the route. All partners will be involved in the pre -event planning, day of event staging, and outreach. Page 15 Open Streets ID # 920000000CYC202 ATTACHMENT A , *-�, L I 1-, i I CITY OF DOWNEY Wtio Open hUeets Bz�yde Event Raijt;k�. ()Qwne� Cvw;,- Tli�,RD ST ENC,, 14-- NAN L ST I I Transit Depot" > Dovmey Gateway u RelaR Center 0 9 I FWESTONE RL 00wrkey City Library Downey Civic, I heater I J IMPERIAL HWY Cowmtfla Space Sbutt!e Metro Green Lrjile: S I tabon Page 16 Open Streets ID# 920000000CYC202 ATTACHMENT A , W : a 10 F-110 Lai FJ The total cost of the Project is $217,760 The following is a description of the funding category and the corresponding funding amounts and funding source to implement the Project. Metro Grant Award Local $172,405 $45,355 Fundinci Source Amount Proposition C 25% (PC25) $172,405 Local Match PC25 LOCAL TOTAL Metro M, city FUNDING SOURCES ($) Funding Funding Metro Grant Award $217,760 $172,405 $45,355 And Local Match [ELIGIBLE COSTS TOTAL PC25 L - OCAL Outreach cost $32,849 $31,034 $1,815 Pre -event Planning costs $32,026 $20,688 $11,338 Event Day costs (Staffing, $152,885 $120,683 $32,202 rentals, permits, etc.) Total $217,760 $172,405 $45,355 Page 17 Open Streets 1D# 920000000CYC202 ATTACHMENT A EX611BIT C ST4 1:11-1 A 1 Lai I V-11 0 1 NA"Fibel ELI I Z I I =1 =1 :4., In an attempt to better serve the community, we are collecting information for an INSHy its uUneu UU11rjut provided, K needed. Any personally identifiable information collected will not be sold or otherwise be distributed outside of the City of Downey government or LA Metro. Do I have your permission to record this interview? 1. Are you participating in the event today? a. If yes: Is this your first time participating in an open street event? b. If no: Where have you participated previously? 2. Not including today, have you ever participated in an Open Streets event similar to this, or Cicl-Avia, in the past? a. Yes b. No a. Less than 30 minutes b. 30 to less than 60 minutes c. Between 1 and 2 hours d. Between 2 and 3 hours e. More than 3 hours a. Automobile b. Bike c. Walk d. Other wheeled device e. Transit (Rail) f. Transit (Bus) 6. If you used Metro for transportation to the event. a. How did you access Metro today? a. Automobile b. Bike c. Walk d. Other wheeled device b. Do you ever ride Metro? a. Never c. Several times a month b. Less than once a month d. Several times a week e. Daily Page 18 Open Streets ID# 920000000CYC202 ATTACHMENT A Open Streets 1D# 920000000CYC202 7. After today's event, your use of transit is likely to: a. Increase b. Stay the same c. Decrease d. Don't know 8. After today's event, how likely are you to walk in your neighborhood? Please rank on a scale from 1 to 5 with 1 being least likely and 5 being most likely. 9. After today's event, how likely are you to ride a bike on city streets? Please rank on a scale from 1 to 5 with 1 being least likely and 5 being most likely. 10. Would you like to see this event in your neighborhood? a. If yes: How often? 11. May we follow up with you after today to ask a few questions about your experience at the open street event? a. If yes: Please provide contact information below. 12. What is your 5-digit zip code? a. Male b. Female c. Other a. 17 or younger b. 18-29 c. 30-39 d. 40-49 e. 50-59 f, 60 or older Participant name: 1. Are you participating in today's Open Streets event? a. Yes b. No 2. Is this your first-time riding Metro rail? a. Yes (Go to question 6) b. No (Go to question 5) 3. What best describes your use of public transit? a. Daily Page 19 Open Streets ID# 920000000CYC202 ATTACHMENT A b. More than once a week c. Once a week d. Once a month e. Less than once a month 4. After today's event would you use public transit again in the future? a. Yes b. No c. I don't know 5. If you weren't participating in today's event, would you have used public transportation today? a. Yes b. No c. I don't know 6. TFhat is your 5-digit zip cod92 a. Zip Code: 4469> 0 WNU`99�11111 • *]K$I'll 12111111111, In an attempt to better serve the community, we are collecting information for an -valuation study to understand how open street events affect neighborhoods and businesses where the events take place. We are conducting interviews with businesses 2long this street during the event today. Your participation is voluntary and you can stop this interview at any time. Do I have your permission to record this interview? 15. Did you experience the open streets event? a. If yes: What do you understand the event to be? 16. Did your business participate and/or interact in the open streets event? a. If yes: How did your business participate and/or interact with the event? 17. Did the open street event bring new or more patrons to you? 18. How did the event affect your business? Please rank on a scale from 1 to 5 with 1 affecting your business the least and 5 affecting your business the most. 19. How did the event affect your community? Please rank on a scale from 1 to 5 with 1 affecting your community the least and 5 affecting your community the most. 20. Did your business experience any change in sales volume during the event? a. Are you willing to share sales volume information from the event as compared to a non-event Sunday? 21. How often would you like to see this event return to this street and/or this neighborhood? a. Never c. Once a year b. Once every other year d. More than once a year Page 20 Open Streets 1D# 920000000CYC202 ATTACHMENT A Business name: 11FA;1-1W&ff &�-� [I •QUO Ili WIWI " I :to In an attempt to better serve the community, we are collecting information for an evaluation study to understand how open street events affect neighborhoods and businesses where the events take place. We are conducting interviews with businesses along this street during the event today. Your participation is voluntary and you can stop this interview at any time. Do I have your permission to record this interview? 24. Is your business participating and/or interacting with the open streets event today? a. If yes and held previously in the community: Is this your first time participating in an open street event? b. In what way will your business participate and/or interact with today's event? 015. Does your business do any type of marketing or advertising? a. If yes: What type of advertising it you do? b. Do you believe this event may bring better recognition to the products or services your business offers? * I . 27. What effect do you believe today's event has on this community? Please rank on a scale of 1 to 5, with 5 being the most positive and 1 being the least positive. 28. 1jr hat efrect do you believe today's event has on your business? Please rank on a scale of 1 to 5, with 5 being the most positive and 1 being the least positive. 29. Tfould you like to see this event return to this street at another point in the future? a. If yes: How often would you like to see this event happen? b. If no: Would you recommend this event to happen on a different street in this neighborhood? 30. In the past has your business supported transportation improvements, particularly for public transit, walking or riding a bike in this community? 91. Do you believe that by experiencing today's event your business may support thesm improvements in the future? Page 21 Open Streets ID# 920000000CYC202 ATTACHMENT A Open Streets ID# 920000000CYC202 32. Do you think this community would benefit from future transportation improvements, particularly those for riding a bike, walking and/or public transit? 33. Can I come back after the event and ask you some follow-up questions? If yes, when would be a good time? 34. Do you have any other thoughts to add about this event? Business name: Describe business: Page 22 Open Streets ID# 920000000CYC202 ATTACHMENT A