LACMTA No. LOA.P000F1605 (2009) Measure R . .�
ASSURANCES AND UNDERSTANDINGS REGARDING
RECEIPT AND USE OF MEASURE R LOCAL RETURN FUNDS
The undersigned, in conjunction with the receipt of funds derived from the one-half cent
sales tax approved pursuant to Assembly Bill 2321, Measure R Ordinance of the Los
Angeles County Metropolitan Transportation Authority ("LACMTA"), and as required by
LACMTA's Measure R Local Return ("LR") Guidelines, hereby provides the following
assurances and understandings.
A. The undersigned hereby assures LACMTA:
1. That the Measure R LR funds are to be used to augment, not supplant,
existing local revenues being used for transportation purposes;
2. That Measure R LR funds will be used for public transportation purposes as
defined in LACMTA's Measure R LR Guidelines;
3. That the undersigned will submit to LACMTA for the use of Measure R LR
funds:
a. An Expenditure Plan, annually, by August 1st of each year, including a
proposed budget of the current year's expenditures;
b. An Expenditure Report, annually, by October 15th of each year, including
an update of the prior year's expenditures;
4. Unless otherwise required by LACMTA, an audit certified by a Certified Public
Accountant, will be conducted by LACMTA within 180 days of the close of the
fiscal year;
5. That all projects proposed for Measure R LR funding will meet the legal
requirements of the Measure R Ordinance and LACMTA's LR Guidelines
criteria.
B. The undersigned further understands and agrees:
1. That LACMTA will require the undersigned to return any Measure R LR funds
and may impose interest penalties on any expenditure found to be illegal or
improper under the terms of the Measure R Ordinance or the LACMTA's LR
Guidelines;
2. That the undersigned will, for projects to be funded in part or in whole with
Measure R LR funds, comply with all applicable federal, state, and local laws
and regulations, including without limitation: American With Disabilities Act
(ADA), CEQA and NEPA, affirmative action, transit accessibility and public
health and safety requirements and fair labor practices;
3. That the undersigned will utilize the State Controller's Uniform System of
Accounts and Records to accommodate uses and disbursements of Measure R
LR funds which will allow financial and compliance audits of Measure R LR
funds transactions and expenditures to be conducted;
4. That any Measure R LR funds not expended within five (5) years, under the
Timely Use of Funds time period, or held in a Capital Reserve account
approved by LACMTA, thereafter will be returned to LACMTA upon request.
5. In addition to implementing new Measure R eligible projects and programs,
Jurisdictions may use Measure R LR funds to supplement existing Measure R
eligible projects and programs should there be a current or projected funding
shortfall. LACMTA reserves the right to request appropriate documentation
from a Jurisdiction to support the existence of a funding shortfall.
IN WITNESS WHEREOF the undersigned has executed this "Assurances and
Understandings Regarding Receipt and Use of Measure R LR Funds" this 15th day of
December, 2009 by its duly authorized officer:
CITY OF RANCHO PALOS VERDES
BY: 1 40 ,
Mayor
DATE:
ATTEST:
By: &A)6127e4A-gal-e---
For City Clerk
Date: 491/7491