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HomeMy WebLinkAboutRES 2024-34RESOLUTION 2024=34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND APPROVING THE SALE OF $1,333,333 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO CITY OF COMMERCE. WHEREAS, the City of Diamond Bar wishes to transfer $1,333,333 of its uncommitted Proposition A Local Return Transit Funds to City of Commerce to provide ongoing operating funding and to improve the level, quality, safety, and/or accessibility of transit services to the general public or to any group which requires special transportation assistance; WHEREAS, City of Commerce has offered to assign $170001000 in funds to be deposited to the City of Diamond Bar for any unrestricted purpose; and WHEREAS, the City Council of the City of Diamond Bar has determined that the transit needs of the City can be adequately met if this fund exchange is approved. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: Section 1. The City Council hereby approves the Prop A Funds Exchange Agreement, attached hereto as Exhibit A, which provides for the exchange of $1,333,333 of Diamond Bar Proposition A Local Return Funds in exchange for $1,000,000 in City of Commerce funds, and further approves the funds to be deposited to the Diamond Bar Park & Facility Development Fund (262). Section 2. The City Manager is hereby authorized to sign the Prop A Funds Exchange Agreement, attached hereto as Exhibit A. Section 3. The City Clerk shall certify to the adoption of this Resolution and send certified copies to the City of Commerce. PASSED, APPROVED AND ADOPTED this 6th day of August 2024. CITY OF DI MOND BAR l St iu, Mayor Resolution No, 2024-34 I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of August 2024, by the following vote: AYES: NOES: ABSENT: ABSTAINED Attachments: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng, M/Liu None None None Kristina Santana, City Clerk Exhibit A — Prop A Funds Exchange Agreement 2 FUND TRADE AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND THE CITY OF COMMERCE, CALIFORNIA This Assignment Agreement is made and entered into this 23I day of July, 2024, by and between the City of Diamond Bar, California ("Diamond Bar") and the City of Commerce, California ("Commerce") with respect to the following facts: A. Diamond Bar has uncommitted funding authority for its Fiscal Years 2024-25 allocation of Proposition "A" Local Return funds ("Prop A Funds") that can be made available to Commerce to assist in providing the services discussed in Paragraph B below. Diamond Bar is willing to assign its uncommitted Prop A Funds to Commerce for the purpose(s) identified in Paragraph B, in exchange for the assignment by Commerce of the amount of its general funds indicated in Section I below. B. Commerce proposes to use Diamond Bar's uncommitted Prop A Funds to provide ongoing transportation operation services (including fixed route, medk ride, and recreation) to the residents of Commerce, and to fund certain eligible capital improvement projects. Adequate Prop A funding for such services is not currently available given the limited amount of Commerce's Local Return allocation. Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: 1. Exchange. Diamond Bar agrees to assign $1,333,333 of its Fiscal Year 2024-25 Proposition A Local Return funding authority to Commerce. In return, Commerce agrees to assign $1,000,000 of its General Fund monies to Diamond Bar. 2. Consideration. Diamond Bar shall provide the agreed upon Proposition "A" Local Return funds to Commerce in one lump sum payment.. Commerce shall also provide the agreed -upon general funds to Diamond Bar in one lump sum payment. The lump sum payment by Commerce shall be due and payable upon approval by the Los Angeles Metropolitan Transportation Authority ("LAMTA") of Lomita's project description FORM (Form A) covering the services discussed in Paragraph B. 3. Term. This Agreement is effective on the date first above written, and shall continue for such time as is necessary for both parties to complete their mutual obligations set forth herein. 4. Termination. This Agreement may be terminated with or without cause by either party upon five (5) days written notice to the other party. 5. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified or by written notice upon such party by certified mail deposited in the custody of the United States Postal Service addressed as follows: CITY OF DIAMOND BAR 21810 Copley Drive Diamond Bar CA 91765 Attn: Jason Jacobsen, Finance Director CITY OF COMMERCE 2535 Commerce Way Commerce, CA 90040 Attn: Vilko Domic, Assistant City Manager 6. Assurances. a. Commerce shall use the assigned Proposition "A" Local Return funds only for the purpose of providing the services discussed in Paragraph B of this Agreement and within the time limits specified in LAMTA's Proposition "A" Local Return Program Guidelines. b. Concurrently with the execution of this Agreement Commerce shall provide LAMTA with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition "A" funds specified in the Guidelines regarding the use of the assigned Proposition "A" Local Return Funds. IN WITNESS WHEREOF, the parties executed by their respective officers, written. CITY OF DIAMOND BAR C Dan Fox ity Manager hereto have caused this Agreement to be duly authorized, on the day and year above CITY OF COMMERCE By Hugo Argumedo Mayor Page 2 of 3 Kristina Santana City Clerk Approved as to Form: Omar Sandoval City Attorney Lena Shumway City Clerk Approved as to Form: Noel Tapia City Attorney Page 3 of 3