Agreement Number 9200000000FUL16
1 FULFILLMENT AGREEMENT FOR UNPROGRAMMED SURFACE
TRANSPORTATION PROGRAM-LOCAL (STP-L)
This Fulfillment Agreement of Proposition C Funds ("AGREEMENT"), is made and entered into as of February 1, 2026, by and between the City of Commerce ("CITY") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
LACMTA had historically apportioned, on an annual basis, $31 million of Federal Surface Transportation Block Grant (STBG) funds to agencies in Los Angeles County based on population through the STP-L funding program.
WHEREAS, in 2021 and 2022, the federal government issued a Corrective Action to Caltrans and the Southern California Association of Governments (SCAG), respectively, finding that the practice of allocating STP-L by population was out of compliance with STBG requirements; and WHEREAS, on July 1, 2023, the Corrective Action took effect on the Federal Transportation Improvement Program (FTIP) and prevented agencies from programming and accessing their unprogrammed STP-L balance through the FTIP; and
WHEREAS, the LACMTA Board of Directors at its April 24, 2025, meeting approved using Proposition C funds to fulfill $36,783 of unprogrammed STP-L balance for the City of Commerce; and
WHEREAS, eligible project activities must occur on or after the LACMTA Board of Directors April 24, 2025, approval date; and
NOW THEREFORE, in consideration of the mutual benefits to be derived by CITY and LACMTA, and of the promises contained herein, it is hereby agreed as follows:
AGREEMENT:
1. LACMTA hereby provides a fulfillment of $36,783
to the City of Commerce for use on eligible project(s), to be determined by LACMTA. This assignment shall be automatically effective upon full execution of this AGREEMENT without the necessity of the execution, delivery or recording of any further instrument whatsoever. Notwithstanding the foregoing, at LACMTA's request, CITY shall execute and deliver such documents and instruments as may be required to evidence such assignment of the Funds.
2. CITY must complete and submit an Automated Clearing House (ACH) form (Attachment A) through LACMTA's website to allow LACMTA to make disbursements electronically. Disbursements via ACH will be made at no cost to CITY. If electronic disbursements are not the preferred method of disbursement, CITY may request an Agreement Number 9200000000FUL16
2 exception in writing.
3. CITY shall expend the Funds on eligible project(s), consistent with the Statement of Work, Schedule and Budget provided in Attachment B.
4. For the purposes of this AGREEMENT, the term "Eligible Project" shall mean the transportation activities described in the Proposition C Guidelines.
5. CITY must use the LACMTA Funds in the most cost-effective manner. If CITY intends to use a consultant or contractor to implement all or part of the Eligible Project, LACMTA requires that such activities be procured in accordance with CITY's contracting procedures and be consistent with State law as appropriate. CITY will also use the LACMTA Funds in the most cost-effective manner when the LACMTA Funds are used to pay "in-house" staff time. CITY staff or consultants with project oversight roles may not award work to companies in which they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on-going project monitoring and through any LACMTA interim and final audits.
6. CITY shall submit Quarterly Progress and Expenditure Reports (Attachment C) to LACMTA that cover all activities related to the project, including deliverables, milestones, and costs incurred. The reports are due to LACMTA one month after the close of each quarter on October 31, January 31, April 30, and July 31. In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided.
7. LACMTA, and/or its designee, shall have the right to conduct audits of CITY's use of the LACMTA Funds, as deemed appropriate, such as financial and compliance audits; interim audits; pre-award audits, performance audits, and final audits. CITY agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). CITY's records shall include, without limitation, any supporting evidence deemed necessary by LACMTA to substantiate CITY's use of LACMTA Funds. These records must be retained by CITY for five years following CITY's last use of the LACMTA Funds. CITY shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this AGREEMENT. The eligibility of costs for CITY's own expenditures submitted to LACMTA for the Eligible Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87 (relocated to Title 2 in the Code of Federal Regulations, Subtitle A, Chapter II, part 225). The eligibility of costs for CITY's contractors, consultants, and suppliers expenditures submitted to LACMTA through CITY's Quarterly Progress and Expenditure Reports shall be in compliance with OMB Circular A-87 (as relocated) or Federal Acquisition Regulation (FAR) Subpart 31 (whichever is applicable). Findings of the LACMTA audit are final.
When LACMTA audit findings require CITY to return monies to LACMTA, CITY agrees to return the monies within thirty (30) days after the final audit is sent to CITY.
8. The terms of this AGREEMENT shall commence on the date that this AGREEMENT Agreement Number 9200000000FUL16
3 is fully executed and shall terminate once CITY has expended all the LACMTA Funds and all LACMTA audit and reporting requirements have been satisfied.
9. CITY shall fully indemnify, defend and hold LACMTA and its officers, agents, and employees harmless from and against any liability and expenses, including, without limitation, defend costs, any costs or liability on account of bodily injury, death or personal injury of any person, or for damages of any nature whatsoever arising out of (i) a breach of CITY's obligations under this AGREEMENT; or (ii) any act or omission of CITY or its officers, agents, employees, contractors, or subcontractors in the use of the LACMTA Funds.
10. LACMTA shall fully indemnify, defend and hold CITY and its officers, agents, and employees harmless from and against any liability and expenses, including, without limitation, defend costs, any costs or liability on account of bodily injury, death or personal injury of any person, or for damages to or loss of risk of property, any environmental obligations, any legal fees and any claims for damages of any nature whatsoever arising out of (i) a breach of LACMTA's obligations under this AGREEMENT; or (ii) any act or omission of LACMTA or its officers, agents, employees, contractors, or subcontractors in the use of CITY's Funds.
11. This AGREEMENT may be amended or modified only by mutual written consent of LACMTA and CITY.
12. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:
CITY OF COMMERCE
Shahid Abbas
Director of Public Works
2535 Commerce Way
Commerce, CA 90040
Email: [email protected]
LACMTA
Mercedes Meneses
Principal Transportation Planner
Countywide Planning and Development
One Gateway Plaza (Mail Stop: 99-23-3)
Los Angeles, California 90012-2952
Email: [email protected]
13. This AGREEMENT shall be interpreted and governed by the laws of the State of California.
14. This AGREEMENT constitutes the entire understanding between the parties with respect to the subject matter herein.
Agreement Number 9200000000FUL16
4 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date stated below.
LOS ANGELES COUNTY CITY OF COMMERCE
METROPOLITAN TRANSPORTATION
AUTHORITY
By: By:
Stephanie Wiggins Ernie Hernandez
Chief Executive Officer City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
Dawyn R. Harrison Noel Tapia
County Counsel City Attorney
By: By:
Deputy City Attorney
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Agreement Number 9200000000FUL16
Attachment A
AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION
Agreement Number 9200000000FUL16
Attachment A
AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION
Agreement Number 9200000000FUL16
Attachment A
AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION
Agreement No. 9200000000FUL16
Attachment B
STATEMENT OF WORK
Project Title: Commerce Annual Pavement Rehabilitation
Project Description: Pavement rehabilitation on various locations and transit routes.
Project Schedule:
Advertise January 2026
Award Contract March 2026
Start Construction May 2026
Complete Construction September 2026
Project Funding:
Metro Prop C
(Fulfillment Funds)
$36,783
Measure AA $6,000,000
SB1 Fund $ 353,565
Total Project Cost: $6,390,348
Project Map:
Agreement No. 9200000000FUL16
Aachment C
QUARTERLY PROGRESS REPORT
Project Title:
Report Date:
Submied by:
Submied for Fiscal Year:
Quarter: Jul-Sep ☐ Oct-Dec ☐ Jan-Mar ☐ Apr-Jun ☐
Project Budget:
Fulfillment Amount:
1. Project-to-Date Expenditure
% of Project Budget Expended to Date:
% of Project Compleon:
2. Milestones
Descripon Start Date End Date
Environmental Clearance
Design Bid & Award
Design
Right-of-Way
Construcon Bid & Award
Construcon
3. List tasks or milestones accomplished and progress made this quarter.
4. If project is delayed, describe reasons for delay.