MOULIFENOR00000
Attachment No. 1
AGREEMENT REGARDING REIMBURSEMENT POLICY BETWEEN
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND
CITY OF NORWALK
This Agreement regarding Reimbursement Policy (“Agreement”) is made and entered into as of July 1, 2024, by and between the Los Angeles County Metropolitan Transportation Authority (the “LACMTA”), and City of Norwalk (the “Operator”), a public agency, operating the Norwalk Transit System (NTS).
RECITALS
This Agreement is made and entered into with respect to the following facts:
WHEREAS, at its May 25, 2017 meeting, the LACMTA Board of Directors approved the Low-Income Fare is Easy (“LIFE”) Program that, among other items, increased the subsidy levels for each rider category and, offered an additional option such as 20 regional rides each month on participant’s system recorded TAP card; and
WHEREAS, at its January 24, 2019 meeting, the LACMTA Board of Directors authorized TAP Operators to join the LIFE program; and
WHEREAS, effective July 1, 2019, the Operator began to participate in the Program with successful outcomes for Operator and LIFE participants; and WHEREAS, the current agreement regarding Operator’s participation in the Program is set to expire on June 30, 2024, and the Operator desires to continue to participate in the Program; and
WHEREAS, the list of acceptable LIFE fares and rides that qualify for reimbursement for the NTS is outlined in the List of Approved LIFE Passes and Rider Classes for NTS (the “Approved LIFE Passes and Rides”) included herein and referenced as Attachment A. The Operator’s Low-Income Fare is Easy Reimbursement Schedule (the “Reimbursement Schedule”) and amounts of reimbursements of each type of passes and rides are listed in Attachment B. Amendments to the Reimbursement Schedule document can only be approved either by (i) the LACMTA with concurrence from the majority of the participating operators, or (ii) policy provisions to the Program are approved by the LACMTA Board which shall then automatically be incorporated into the Schedule; and
WHEREAS, the LACMTA is willing to reimburse the Operator for discounted pass purchases and rides taken by LIFE participants based on Attachment A and Attachment B; and
WHEREAS, the parties desire that the Operator’s continued participation in the Program shall be effective as of July 1, 2024; and,
NOW, THEREFORE, LACMTA and the Operator AGREE to the terms and conditions set forth as follows:
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I. TERM
This Agreement will be in effect for five (5) years from the date commencing as of July 1, 2024 unless terminated as described below.
Should at any time during the term of this Agreement the LACMTA determine there are insufficient Funds available for the Program or the LACMTA Board terminates the Program, the LACMTA may terminate this Agreement by giving at least a thirty (30) day advance written notice to the Operator prior to the effective date of such termination. All valid LIFE purchases completed by the Ticket Outlets or valid LIFE rides provided by the termination date will still be honored and reimbursed by the LACMTA. If the Operator wishes to leave the Program and terminate this Agreement, it shall provide thirty (30) day notice to LACMTA.
II. SERVICE PROVISION
A. PARTICIPATION IN THE PROGRAM
1. The Operator will honor any valid LIFE TAP card pass purchases or rides based on Attachment A and will be reimbursed based on Attachment B.
2. The Operator agrees to notify LACMTA when implementing changes to its fare structure at least ninety (90) calendar days in advance of any such changes.
3. The Operator agrees to promote and conduct outreach activities where possible to ensure residents are informed of LIFE program benefits.
B. PROGRAM ADMINISTRATION
1. The Program is administered and managed by contractors (collectively “the Administrators”) within the areas designated by the LACMTA and identified in the “Operating Guidelines”.
2. The Administrators will act as the coordinator between all social service and government agencies participating in the Program and will enroll participants.
The Administrators will negotiate, execute and administer all their contractual agreements with LACMTA required to conduct the Program.
3. The Operator is not responsible for the enrollment of the LIFE participants (which is the responsibility of the Administrators or partner agencies).
III. LOW INCOME FARE IS EASY REIMBURSEMENT
A. During the term of this Agreement, each month, the LACMTA shall calculate all qualifying LIFE media purchased as listed on Attachment A by LIFE participants to determine the reimbursement total to the Operator using the LIFE Reimbursement Schedule on Attachment B. The LACMTA will make the reimbursement payment to the Operator within thirty (30) calendar days from the end of each month through the regional TAP monthly settlement process.
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B. Only valid LIFE passes and rides listed on Attachment A are eligible for reimbursement.
C. Discounted passes or 20 regional ride option products sold to any person without a valid registered LIFE TAP card will not be reimbursed by LACMTA.
D. Rides taken by non-LIFE participants on the Operator’s system will not be reimbursed by LACMTA.
E. The Operator shall be responsible for keeping an accurate record of all reimbursements it receives.
IV. LIFE PARTICIPANT OPTIONS
A. Valid LIFE Fare Options
i. Four discounted Operator 7-Day or weekly passes
ii. One discounted Operator 30-Day or monthly pass
iii. One discounted EZ transit pass (Base)
iv. 20 regional rides each month
v. 4 regional rides (for short term or immediate trip needs, not for sale, provided by the Agency; only applies to regular rider rate regardless of the rider class)
B. List of eligible passes and base fare rides are listed in Attachment A.
V. INSPECTION OF RECORDS/AUDIT
A. The LACMTA may, at its own expense, audit the Operator’s transactions associated with the Program.
B. Records of the LACMTA pertaining to this Agreement shall be available for inspection and review by the Operator at all reasonable times for a period of three years from the applicable request for reimbursement under the terms of this Agreement.
C. Records of the Operator pertaining to this Agreement shall be available for inspection by the LACMTA at all reasonable times for a period of three years from the applicable request for reimbursement under the terms of this Agreement.
VI. INDEMNIFICATION
A. The LACMTA shall indemnify, defend and hold harmless the Operator, its officers, agents and employees, from and against any and all liability, expense, including defense costs and legal fees, and claims for damage for any nature whatsoever, including, but not limited to bodily injury, death, personal injury or property damage 4 Participating Operator Reimbursement Agreement
arising from or in any way connected with services to be performed by the LACMTA pursuant to this Agreement.
B. The Operator shall indemnify, defend and hold harmless the LACMTA and its officers, agents and employees, from and against any and all liability, expense, including defense costs and legal fees, and claims for damage of any nature whatsoever, including, but not limited to bodily injury, death, personal injury or property damage arising from or in any way connected with services, including, without limitation the Operator services, to be performed by the Operator pursuant to this Agreement.
VII. NOTICE
All formal notices, demands and communications to be given hereunder by either Party shall be made in writing and may be effected by personal delivery or by U.S. mail to the addresses listed below:
Los Angeles County Metropolitan Transportation Authority (LACMTA) One Gateway Plaza
Los Angeles, CA 90012-2952
Attention: Michael Cortez
LIFE Program Director
Phone: (213) 418-3423
City of Norwalk-Norwalk Transit System (NTS)
12700 Norwalk Blvd.
Norwalk, CA 90650
Attention: James C. Parker
Executive Director of Regional Transportation
Phone: (562) 929-5533
VIII. ATTORNEYS FEES
Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved though good faith negotiations between the Parties. If any action at law or in equity is required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney’s fees in addition to any other relief to which it may be entitled.
IX. WAIVER
Waiver by any Party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
X. BINDING EFFECT
This Agreement shall be binding upon each of the Parties hereto. 5 Participating Operator Reimbursement Agreement
XI. GOVERNING LAW
This Agreement shall be interpreted and construed according to the laws of the State of California, and venue shall lie in a court of competent jurisdiction in Los Angeles County, California.
XII. SEVERABILITY
If any of the provisions of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way.
XIII. ENTIRE AGREEMENT
This Agreement, and any other documents incorporated herein by specific reference shall constitute the entire understanding between the LACMTA, and the Operator regarding the subject matter of this Agreement. This Agreement supersedes all prior oral or written negotiations, representations or agreements including, without limitation, any existing joint pass agreement(s) between the Parties. This Agreement may not be amended, nor any provision or breach hereof waived, except in writing signed by the Parties which expressly refers to this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective duly authorized officers.
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA):
By: ________________________________ Date: __________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
By: ________________________________ Date: __________________ Janice L. Kasai
County Counsel
CITY OF NORWALK (Operator):
By: ________________________________ Date: __________________ Jesus M. Gomez
City Manager
ATTEST:
By: ________________________________ Date: __________________ Theresa Devoy, CMC
City Clerk
APPROVED AS TO FORM:
By: ________________________________ Date: __________________ Arnold M. Alvarez-Glasman
City Attorney