MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN ANAHEIM TRANSPORTATION NETWORK
AND CITY OF ORANGE
This is a Memorandum of Understanding (MOU) between Anaheim Transportation Network, a mutual benefit nonprofit California corporation (“ATN”) and the City of O range, a California municipal corporation (“CITY”).
RECITALS
WHEREAS, ATN is a municipal transit operator formed and organized by the City of Anaheim to solve transportation problems within certain defined areas of the City of Anaheim and surrounding areas, including the City of Orange; and
WHEREAS, ATN operates Anaheim Regional Transportation, a system of public transportation routes in an around Orange County, which include clean fuel buses and zero emission microtransit vehicles; and
WHEREAS, on January 6, 2023 , the Mobile Source Air Pollution Reduction Review Committee (MSRC) approved a Call for Projects seeking proposals to develop and implement microtransit services in the South Coast AQMD region (“PROGRAM”); and
WHEREAS, the PROGRAM provides funding for local agencies to develop community - based microtransit services that complement regional transit services; and
WHEREAS, ATN wishes to establish a microtransit circulator route in specified areas of the City in order to improve air quality by reducing motor vehicle pollution caused by excessive vehicle travel caused by parking-challenged business zones; and
WHEREAS, ATN will obtain grant funding for the PROGRAM (the “GRANT”) for the purpose of providing a new microtransit circulator route in the CITY (“PROJECT”); and
WHEREAS, by this MOU, CITY and ATN wish to state their intent to cooperate to provide the PROJECT and set forth their intentions and obligations regarding the use of the potential grant funds to establish the PROJECT in the CITY.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. PROJECT GOALS
If MSRC funding is granted to ATN, ATN and CITY agree to provide microtransit services in and around Old Towne Orange (the “Service Area” – Attachment 1) to accomplish the following goals:
▪ Connectivity and transportation options for the traveling public. ▪ Access to CITY’s Metrolink Commuter Rail Station to provide multi -modal connections and choices for the traveling public.
▪ Develop and implement transportation service to allow for conditional on-demand e- hail travel choices.
2. PURPOSE AND SCOPE
The purpose of this MOU is to identify the roles and responsibilities of each party as they relate to provision of microtransit services by ATN in and around Old Towne Orange utilizing Low Speed Vehicles (LSV) to be procured and provided by the ATN.
In particular, this MOU is intended to:
▪ Establish the parties’ intent to provide transportation services in the Service Area; ▪ Generally outline service provision responsibilities; ▪ Generally outline processes for financial responsibilities and accountability; and ▪ Establish the parties’ commitment to marketing and outreach programs to enhance knowledge and usage of transportation options.
3. RESPONSIBILITIES OF ATN
ATN shall perform tasks to be outlined in a future Agreement between CITY and ATN regarding the use of any awarded PROGRAM funds (the “PROJECT Agreement”) in accordance with an “AB 2766/MSRC Work Program Grant Agreement” between ATN and SCAWMD (the “Grant Agreement”). These tasks may include, but are not limited to, the following:
1. Commence service based on terms and conditions to be outlined in the future PROJECT Agreement;
2. Provide a minimum of 10 accessible LSV for the service consistent with the needs of CITY and in accordance with all applicable laws and associated PROGRAM conditions;
3. Provide necessary qualified personnel to operate microtransit services;
4. Provide all necessary preventive and corrective maintenance services for LSV;
5. Provide a reliable customer service system to handle various issues including questions and complaints;
6. Provide, in coordination with the CITY any and all resources, including additional funding, to provide microtransit services
7. Work with the CITY to install on-street signage;
8. Provide mobile application to facilitate e-hailing and reservations for the microtransit service as well as the ability to be compatible with and integrated to smart parking systems in the future;
9. For any fixed service points located on private property, secure any agreements and/or indemnifications required by said private property owners; and
10. Maintain a complete set of records in accordance with generally accepted accounting principles and submit reports as in accordance with PROGRAM requirements.
11. Administer the grant with the funding agency; and
12. Submit reports to the granting agency.
4. RESPONSIBILITIES OF CITY
CITY shall perform tasks to be outlined in the PROJECT Agreement. These tasks may include, but are not limited to, the following:
1. Submit a one-time payment of ONE HUNDRED THOUSAND DOLLARS and 00/100 ($100,000.00) to ATN upon execution of the PROJECT Agreement for startup costs;
2. Coordinate with ATN the establishment of fixed service points and other specifics of use of the public right of way;
3. Work with ATN and local community partners to implement plans for sustainable operations beyond the initial MSRC grant funding; and
4. Where a mutual benefit exists, support ATN in outreach and marketing functions with local community.
5. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
Aside from the commitment to cooperate in establishing the PROJECT and entering into the PROJECT Agreement, neither party shall have a responsibility beyond the termination date of the MOU.
6. EFFECTIVE DATE AND TERM
The Effective Date of t his MOU shall be as of the date the last party signs the MOU . It shall continue in force until such date as ATN receives final determination from MSRC as to the award of any PROGRAM grant funds based upon ATN’s March 2023 application.
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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed on the date indicated by the signature, to be effective as of the Effective Date.
ANAHEIM TRANSPORTATION CITY OF ORANGE
NETWORK
By__________________________ By:__________________________________ Daniel R. Slater, City Manager
_____________________________ _____________________________ By: Diana Kotler Date
Its: Executive Director
_____________________________ ATTEST:
Date
_____________________________________
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
By:__________________________________
Mike Vigliotta, City Attorney
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ATTACHMENT 1
PROPOSED SERVICE AREA
EXHIBIT A
Proposed Service Area