OF.
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UA4r£D IANV ARyry
Department: City Manager
® CITY COUNCIL
❑ COMMUNITY DEVELOPMENT COMMISSION
❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Item No: C5
Husam Hasenin, Principal Engineer,
Prepared by: Angela Baggett, Management Analyst Meeting Date: January 23, 2024 Imelda Huerta, Assistant City Manager
Approved by: John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: AREAS OF PERSISTENT POVERTY (AoPP) GRANT MOU WITH THE NORTH COUNTY
TRANSIT DISTRICT (NCTD)
RECOMMENDATION: Adopt City Council Resolution No. 2024- , approving a Memorandum of Understanding with the North County Transit District (NCTD) for the Areas of Persistent Poverty (AoPP) grant program.
CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility, and Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks.
PRIOR ACTION: On September 26, 2023, adopted City Council Resolution no. 2023-165, amending the Operating Budget for Fiscal Years 2023/24 and 2024/25, and amending the Capital Project Budget for Fiscal Years 2022/23 and 2023/24 (Vote: 5-0).
On February 28, 2023, adopted City Council Resolution no. 2023- 21, approving the Fiscal Year 2023-24 DOT FTA AoPP program grant application and authorizing the City Manager or their designee to sign related documents (Vote 5-0).
STATEMENT ON THE SUBJECT: The Federal Transit Administration (FTA) announced the availability of $20 million in Fiscal Year 2023 for the Areas of Persistent Poverty Program (AoPP) to create new opportunities for those experiencing poverty. The U.S. Department of Transportation's Federal Transit Administration (FTA) announced a new Notice of Funding Opportunity (NOFO) to help improve transit in areas experiencing long-term economic distress. The $20 million in competitive grant funding through FTA's AoPP provides more resources to underserved and disadvantaged communities seeking to expand or improve transit.
The City submitted a grant application for the FY2023-24 AoPP grant program on March 10, 2023 for the development of a Grade Separation Plan at the Vista Transit Center. The Federal Transit Administration (FTA) announced on July 20, 2023, that the project was awarded $254,250.
The North County Transit District (NCTD) is an FTA direct recipient and will accept the funding for the project. The total project cost is $282,500 with a 10% non-federal match requirement of $28,250. A Memorandum of Understanding (MOU) has been drafted with NCTD, who is administering the grant and managing the overall project. The MOU will allow the City to reimburse NCTD for the City's portion of the match.
ACTION: Approved above recommendation, adopted City Council Resolution No. 2024-9. Vote: 5-0.
Clerk/Secretary
MEETING DATE: January 23, 2024
PAGE 2
SUBJECT: AREAS OF PERSISTENT POVERTY (AoPP) GRANT MOU WITH THE NORTH COUNTY
TRANSIT DISTRICT (NCTD)
FISCAL IMPACT: The match of $28,250 for this grant is budgeted and available in account 0010305.521000 (Traffic Engineering Professional Services), a General Fund Account.
EXHIBITS:
1. City Council Resolution NO. 2024- , approving a Memorandum of Understanding with the North County Transit District (NCTD) for the Areas of Persistent Poverty (AoPP) grant program
2. MOU with NCTD
01 /23/2024 C5 2 of 8
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A MEMORANDUM OF UNERSTANDING
WITH THE NORTH COUNTY TRANSIT DISTRICT (NCTD) FOR THE AREAS OF PERSISTENT POVERTY (AoPP) GRANT PROGRAM
The City Council of the City of Vista does resolve as follows:
Findings. The City Council hereby finds and declares the following:
A. The U.S. Department of Transportation's Federal Transit Administration (FTA) announced a new Notice of Funding Opportunity (NOFO) to help improve transit in areas experiencing long-term economic distress. The $20 million in competitive grant funding through FTA's AoPP Program provides more resources to underserved and disadvantaged communities seeking to expand or improve transit.
B. The City was awarded $254,250 to prepare a Vista Transit Center Grade Separation Plan.
C. The North County Transit District (NCTD) is an FTA direct recipient and is administering the grant and the overall project.
D. The City of Vista and NCTD desire to enter into a MOU to establish the terms of the partnership for the AoPP grant project. The MOU will allow the City to reimburse NCTD for the City's portion of the required match of $28,250.
2. Action.
A. The MOU labeled NCTD Document No. 2023-33, detailing the award and project partnership for the AoPP grant between The City of Vista and NCTD, is approved.
B. The Mayor is hereby authorized to execute the Memorandum of Understanding on behalf of the City.
000292137 EXHIBIT 1
01 /23/2024 C5 3 of 8
RESOLUTION NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 23, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
IS
APPROVED
Walter C. Chung
20240112143600
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
0 00029213 7EXH1 Resolution APPROVING A MOU WITH NCTD FOR AoPP GRANT.docx 01 /23/2024 C5 4 of 8
NORTH COUNTY NCTD Document No. 2023-33
TRANSIT DISTRICT
MEMORANDUM OF UNDERSTANDING
BETWEEN
NORTH COUNTY TRANSIT DISTRICT
AND THE CITY OF VISTA
CONCERNING THE VISTA TRANSIT CENTER
GRADE SEPARATION PLANNING PROJECT
This Memorandum of Understanding (MOU) is made and entered into by and between North County Transit District (NCTD) and the City of Vista (CITY), individually referred to as a "Party" and collectively referred to herein as "Parties".
RECITALS
The following recitals are a substantive part of this Agreement:
WHEREAS, the purpose of this MOU is to document the Parties' understanding and responsibilities with respect to the Vista Transit Center Grade Separation Planning Project (PROJECT); and WHEREAS, the Federal Transit Administration (FTA) announced on July 20, 2023, that the PROJECT was awarded $254,250 from the Areas of Persistent Poverty program and this funding support from the FTA is referred to herein as the "Grant"; and WHEREAS, NCTD is an FTA direct recipient and will accept the funding for the PROJECT; and WHEREAS, pursuant to NCTD Board Policy No. 18 - Railroad Safety and Community Enhancement Projects, the Parties agree that the CITY is acting as the lead agency on the PROJECT; and WHEREAS, the Parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows:
NCTD AGREES TO:
Execute a Task Order Agreement (TOA) with a consultant through its Rail & Transit Engineering Services on -call bench to conduct the PROJECT. The Rail & Transit Engineering Services consultant shall be referred to herein as "Third -Party Contractor." This TOA will include the development of a detailed work plan, budget, schedule, scope of work, and project study report (PSR); outreach to stakeholder groups and regulatory agencies; and completion of a final report for presentation to the governing bodies of both NCTD and the CITY.
2. Coordinate the Grant application process with the FTA.
3. Submit the FTA milestone and financial reports as required by the FTA.
4. Submit cash reimbursement requests to the FTA for expenses incurred on the PROJECT.
EXHIBIT 2
01 /23/2024 C5 5 of 8
NORTH COUNTY NCTD Document No. 2023-33
TRANSIT DISTRICT _
5. Be reimbursed by the FTA Grant and CITY deposit for NCTD's staff time, consultants, and other PROJECT costs incurred by NCTD under this MOU.
6. Provide and maintain a PROJECT delivery schedule with milestones, deliverables, and dates.
7. Provide a PROJECT expenditures report on a quarterly basis.
8. Provide supporting documentation for PROJECT expenditures upon request.
9. Obtain written CITY approval for PROJECT costs in excess of $282,500.
THE CITY AGREES TO:
1. Provide the required ten (10) percent non-federal match deposit for the Grant in the amount of $28,250 within thirty (30) days of execution of this MOU. Services by the Third -Party Contractor shall not commence until receipt of the deposit by NCTD.
2. Provide additional funds towards PROJECT costs in excess of $282,500, when such costs are approved by CITY in advance and in writing.
3. NCTD shall receive full cost recovery from the CITY for all such costs incurred by NCTD that exceed the Grant and CITY -provided non-federal match relating to the work it agrees to perform under this MOU. This amount may be higher or lower but will in all cases be documented by NCTD for the CITY and relate solely to the PROJECT. In the event the deposit is depleted, NCTD shall notify the CITY, and provide a reconciliation and a request for an additional deposit. Such additional deposit requests shall include an estimate for the additional services to be provided. The CITY shall provide NCTD with the additional deposit as necessary to cover additional CITY -approved costs within thirty (30) days of notice. If such deposit is not provided by the CITY, services by NCTD and the Third -Party Contractor shall cease until receipt of funds by NCTD.
4. Allow NCTD to be reimbursed from the FTA Grant and CITY deposit for NCTD staff time, consultants, and other PROJECT costs incurred by NCTD under this MOU.
5. Provide a representative to participate in the development and review of the scope of work for the Third -Party Contractor TOA procured through NCTD's Rail & Transit Engineering on -call bench.
The representative will also serve on the Source Selection Committee to evaluate the consultant proposals for the work contemplated herein and provide NCTD approval of the negotiated price with the selected consultant. Any scope of work changes will also require approval by the CITY.
CITY representative should provide timely review and feedback on the scope of work.
6. Provide timely review and feedback on deliverables produced by the PROJECT.
7. Conduct a traffic and queuing study, as well as a separate multi -modal study, that shall consider at a minimum, pedestrians and cyclists, and the impacts that these user groups may have on railroad operations for each crossing that is located within the PROJECT area. All such studies and reports shall be promptly provided to NCTD to be shared with NCTD's consultant.
8. Provide necessary inputs as they relate to present and future multi -modal connections and amenities contemplated in CITY planning documents, development projects under entitlement, and/or CITY Capital Improvement Projects that are located within the PROJECT area and vicinity.
III. THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. The above Recitals are true and correct and are integrated as part of this MOU. 01 /23/2024 C5 6 of 8
NORTH COUNTY NCTD Document No. 2023-33
TRANSIT DISTRICT _
2. The execution of this MOU is for the initial study phase of the PROJECT only. Should the CITY desire to continue past this phase with NCTD, a new MOU must be executed prior to the commencement of any additional work.
3. Any correspondence required or permitted under this MOU may be personally served on the other Party by the Party giving notice, or may be served by email, fax, or prepaid registered or certified USPS mail, return receipt requested, to the following addresses:
For NCTD:
For City of Vista:
North County Transit District
City of Vista
810 Mission Avenue
200 Civic Center Drive
Oceanside, CA 92054
Vista, CA 92084
Attn: Lillian Doherty
Attn: Husam Hasenin
Phone: (760) 967-2803
Phone: (760) 643-5411
E-mail: [email protected]
E-mail: [email protected]
4. That unless it is amended by the Parties in writing, this MOU shall terminate on December 31, 2025, or on such earlier or later date as the Parties may agree to in writing.
5. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California.
6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns.
7. INDEMNITY: No Party nor any officer thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any other Party under or in connection with any work, authority, or jurisdiction delegated thereto under this Agreement. It is understood and agreed that pursuant to Government Code section 895.4, the Parties shall mutually defend, indemnify, and save harmless one another, including all officers and employees, from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by another Party under or in connection with any work, authority or jurisdiction delegated thereto under this Agreement.
Notwithstanding the foregoing, any claims that may arise as a result of this MOU, including but not limited to, those related to design and/or any services provided by NCTD third -party contractors shall be deemed a PROJECT cost for purposes of CITY's reimbursement to NCTD under Section II (1) of this MOU, and the CITY agrees to defend and indemnify NCTD from any and all such claims.
The Parties also expressly understand that this indemnification is for the initial study phase of the PROJECT only and indemnification related to a future Construction and Maintenance Agreement, if any, will be in accordance with NCTD Board Policy No. 18 - Railroad Safety and Community Enhancement Projects.
8. The indemnification provisions of this MOU shall survive termination of the MOU and apply until the last applicable statute of limitations expires.
9. For purposes of this MOU, the relationship of the Parties is that of independent entities and not as agents of each other or as joint ventures or partners. The Parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 01 /23/2024 C5 7 of 8
NORTH COUNTY NCTD Document No. 2023-33
TRANSIT DISTRICT _
10. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.
11. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third Parties to this MOU or affect the legal liability of the Parties to this MOU.
12. Each Party declares that, prior to execution of this MOU; it has consulted with its attorney in order that it may intelligently exercise its own judgment in deciding whether to execute this MOU.
13. Each Party declares that it has read this MOU and understands and knows the contents thereof and represents and warrants that each of the Parties executing this MOU is empowered to do so and hereby binds the respective Party.
14. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. The Parties further agree that a facsimile copy of the executed counterparts shall have the same force and effect as an original.
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed and delivered as of the last date of the Parties' signature.
NORTH COUNTY TRANSIT DISTRICT
By:
Paul Ballard
Executive Director
Date
CITY OF VISTA
By:
The Honorable John Franklin
Mayor
Date
APPROVED AS TO FORM:
By:
Lori A. Winfree
General Counsel
Date
APPROVED AS TO FORM:
By:
Walter C. Chung
City Attorney
Date
APPROVED
Amanda L. Guy
20240116100106
01 /23/2024 C5 8 of 8