HomeMy Public PortalAbout11 November 12, 2020 Special Commission SPECIAL MEETING AGENDA
TIME/DATE: 9:30 a.m. / Thursday, November 12, 2020
Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the meeting will only be
conducted via video conferencing and by telephone. Please follow the instructions on the following page to
join the meeting remotely.
COMMISSIONERS
Chair – Ben J. Benoit
Vice Chair – Jan Harnik
Second Vice Chair – V. Manuel Perez
Kevin Jeffries , County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez , County of Riverside, District 4
Jeff Hewitt , County of Riverside , District 5
Art Welch / Daniela Andrade, City of Banning
Lloyd White / Julio Martinez , City of Beaumont
Joseph DeConinck / Johnny Rodriguez , City of Blythe
Larry Smith / Linda Molina , City of Calimesa
Randall Bonner / Jeremy Smith, City of Canyon Lake
Raymond Gregory / Mark Carnevale, City of Cathedral City
Steven Hernandez / Megan Beaman Jacinto, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts , City of Desert Hot Springs
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Russ Brown, City of Hemet
Dana Reed / Kimberly Muzik, City of Indian Wells
Waymond Fermon / Oscar Ortiz , City of Indio
Brian Berkson / Chris Barajas, City of Jurupa Valley
Kathleen Fitzpatrick / Robert Radi, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines , City of Menifee
Yxstain Gutierrez / Carla Thornton, City of Moreno Valley
Scott Vinton / Christi White, City of Murrieta
Berwin Hanna / Ted Hoffman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / Dennis Woods , City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Ted Weill / Charles Townsend, City of Rancho Mirage
Rusty Bailey / Andy Melendrez , City of Riverside
Andrew Kot yuk / Russ Utz, City of San Jacinto
Michael S. Naggar / Maryann Edwards , City of Temecula
Ben J. Benoit / Joseph Morabito, City of Wildomar
Mike Beauchamp , Governor’s Appointee Caltrans District 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
SPECIAL MEETING AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Thursday, November 12, 2020
Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the meeting will only be
conducted via video conferencing and by telephone. Please follow the instructions below to join the
meeting remotely.
INSTRUCTIONS FOR ELECTRONIC PARTICIPATION
Join Zoom Meeting
https://rctc.zoom.us/j/84788198884
Or join by phone:
US: +1 669 900 6833 or +1 253 215 8782
Webinar ID: 847 8819 8884
For members of the public wishing to submit comment in connection with the Commission Meeting
please email written comments to the Clerk of the Board at lmobley@rctc.org prior to November 11,
2020 at 5:00 p.m. and your comments will be made part of the official record of the proceedings.
Members of the public may also make public comments through their telephone or Zoom connection
when recognized by the Chair.
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to
the meeting, which are public records relating to open session agenda items, will be available for inspection by members
of the public prior to the meeting on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, Executive Order N-29-20, and
the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free
of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements
can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. ROLL CALL / PLEDGE OF ALLEGIANCE
Riverside County Transportation Commission Special Meeting Agenda
November 12, 2020
Page 2
3. PUBLIC COMMENTS – Under the Brown Act, the Commission should not take action on or discuss
matters raised during public comment portion of the agenda that are not listed on the agenda.
Commission members may refer such matters to staff for factual information or to be placed on the
subsequent agenda for consideration.
4. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to the
attention of the Commission subsequent to the posting of the agenda. An action adding an item
to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission
members present, adding an item to the agenda requires a unanimous vote. Added items will
be placed for discussion at the end of the agenda.
5. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion
unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the
Consent Calendar will be placed for discussion at the end of the agenda.
5A. APPROVAL OF MINUTES – OCTOBER 14, 2020
Page 1
5B. SINGLE SIGNATURE AUTHORITY REPORT
Page 16
Overview
This item is for the Commission to receive and file the Single Signature Authority report
for the first quarter ended September 30, 2020.
5C. ACTIVE TRANSPORTATION PROGRAM – SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS 2021 REGIONAL PROGRAM GUIDELINES – 20-POINT DISTRIBUTION
FOR RIVERSIDE COUNTY PROJECT APPLICATIONS
Page 18
Overview
This item is for the Commission to approve the 20-point distribution methodology for
Riverside County for inclusion into the Southern California Association of Governments
(SCAG) 2021 Regional Program Guidelines for the Active Transportation Program (ATP)
Cycle 5.
Riverside County Transportation Commission Special Meeting Agenda
November 12, 2020
Page 3
5D. FINANCIAL ENTERPRISE RESOURCE PLANNING SOFTWARE IMPLEMENTATION AND
BUSINESS APPLICATION PROCUREMENT AND IMPLEMENTATION CONSULTING
SERVICES
Page 20
Overview
This item is for the Commission to:
1) Approve Agreement No. 18-19-082-01, Amendment No. 1 to Agreement
No. 18-19-082-00, with Tyler Technologies (Tyler) for the Munis Enterprise
Resource Planning (ERP) software implementation modification at no cost to
the Commission and an extension to August 2025;
2) Approve Agreement No. 19-19-003-01, Amendment No. 1 to Agreement
No. 19-19-003-00, with SDI Presence, LLC (SDI) for budgeting and timekeeping
software applications procurement and implementation consulting services in
the amount of $135,850, plus a contingency amount of $43,750, for an
additional amount of $179,600, and a total amount not to exceed $681,900,
and an extension for the Munis ERP software modification to December 2023;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreements on behalf of the Commission;
4) Authorize the Executive Director or designee to approve the use of the
contingency amount as may be required for the agreement; and
5) Approve a budget adjustment to increase the FY 2020/21 expenditures of
$55,300 for budgeting and timekeeping software applications procurement
and implementation consulting services.
5E. 15 EXPRESS LANES ADMINISTRATIVE REVIEW HEARING OFFICER SERVICES
AGREEMENT
Page 37
Overview
This item is for the Commission to:
1) Approve Agreement No. 21-31-011-00 with David Cyprien for 15 Express Lanes
administrative review hearing officer services for a five-year term in an amount
not to exceed $100,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement on behalf of the Commission.
Riverside County Transportation Commission Special Meeting Agenda
November 12, 2020
Page 4
5F. REQUEST TO DECLARE REAL PROPERTY AS SURPLUS
Page 55
Overview
This item is for the Commission to:
1) Declare as surplus the real properties in the cities of Riverside, Perris, Hemet,
and San Jacinto, as specifically identified in this report and attachments;
2) Authorize the Executive Director to notify public agencies pursuant to
California Government Code (Government Code) Section 54220 et.seq the
properties are available; and
3) Authorize the Executive Director to offer the surplus properties for sale to the
public should no response be received.
5G. AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
STATE FUNDING AND SENATE BILL 1 FUNDING FOR THE OPERATION OF THE
FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY
Page 76
Overview
This item is for the Commission to:
1) Approve Agreement No. 21-45-017-00 with the California Department of
Transportation (Caltrans) to provide state funding for FY 2020/21 for the
operation of the Riverside County Freeway Service Patrol (FSP) program in an
amount not to exceed $1,696,153;
2) Approve Agreement No. 21-45-016-00 with Caltrans to provide Senate Bill (SB)
1 funding for FY 2020/21 for the operation of the Riverside County FSP program
in an amount not to exceed $1,412,787;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreements on behalf of the Commission; and
4) Adopt Resolution No. 20-015, “A Resolution of the Riverside County
Transportation Commission Authorizing Certain Officials to Execute
Agreements with Caltrans for Freeway Service Patrol Program Funding.”
Riverside County Transportation Commission Special Meeting Agenda
November 12, 2020
Page 5
5H. REGIONAL 511 IMPLEMENTATION
Page 97
Overview
This item is for the Commission to:
1) Approve Agreement No. 21-45-022-00, between the Los Angeles County
Service Authority for Freeway Emergencies (LA SAFE), San Bernardino County
Transportation Authority (SBCTA), and the Commission for Southern
California’s 511 traveler information system services for up to a five-year term
in the amount of $865,506, plus a contingency amount of $25,000, for a total
amount not to exceed $890,506;
2) Approve Agreement No. 09-45-067-08, Amendment No. 8 to Agreement No.
09-45-067-00, with Iteris, Inc. (Iteris) for the continued provision of operations
and maintenance services for the Inland Empire 511 (IE511) system through
June 30, 2021, for an additional amount of $130,000, and a total amount not
to exceed $3,475,785;
3) Approve Agreement No. 14-41-156-07, Amendment No. 7 to Agreement No.
14-41-156-00, with Media Beef, Inc. (Media Beef) for the continued provision
of programming and website/mobile application administration services for
IE511 through June 30, 2021 for an additional amount of $35,000, and a total
amount not to exceed $1,473,670;
4) Approve Agreement No. 19-45-080-02, Amendment No. 2 to Agreement No.
19-45-080-00, with SBCTA to extend the agreement through June 30, 2021 for
reimbursement to the Commission for continued IE511 operations; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreements on behalf of the Commission.
5I. AGREEMENT FOR VANPOOL VEHICLE LEASING SERVICES
Page 120
Overview
This item is for the Commission to:
1) Award Agreement No. 21-41-021-00 to Airport Van Rental Vanpool, doing
business as AVR Vanpool (AVR), for vanpool vehicle leasing services for a
three-year term, plus one two-year option to extend the agreement, in an
amount not to exceed $875,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement, including option years, on behalf of the
Commission.
Riverside County Transportation Commission Special Meeting Agenda
November 12, 2020
Page 6
6. COUNTY OF RIVERSIDE REQUEST FOR AN INCREASE TO THE LOAN FOR THE HAMNER BRIDGE
PROJECT
Page 155
Overview
This item is for the Commission to approve an $18,668,000 increase to the loan with the County
of Riverside (County) of 2009 Measure A Western County Regional Arterial (MARA) and/or
Transportation Uniform Mitigation Fee (TUMF) Regional Arterial program funds, for a not to
exceed amount of $52,131,000 for construction of the Hamner Bridge Replacement and
Widening Project (Hamner Bridge Project) with the County’s repayment of the loan anticipated
from federal Highway Bridge Program (HBP) funds.
7. IMPLEMENTATION AND MANAGEMENT SERVICES AGREEMENT BETWEEN RIVERSIDE COUNTY
TRANSPORTATION COMMISSION AND WESTERN RIVERSIDE COUNTY REGIONAL
CONSERVATION AUTHORITY
Page 159
Overview
This item is for the Commission to:
1) Approve the Implementation and Management Services Agreement No. 21-11-025-00
(Agreement) between RCTC and the Western Riverside County Regional Conservation
Authority (RCA) for an initial five-year term and successive one-year terms thereafter;
and
2) Authorize the Chair, pursuant to legal counsel review, to finalize and execute the
Agreement;
3) Approve budget adjustments of $1.8 million and $2 million to increase FY 2020/21
budgeted expenditures and revenues, respectively, related to salaries, benefits and
other costs necessary to implement the Agreement and RCA reimbursements to RCTC;
and
4) Approve the revised FY 2020/21 salary ranges.
8. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
9. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT
Overview
This item provides the opportunity for the Commissioners and the Executive Director to report
on attended meetings/conferences and any other items related to Commission activities.
10. ADJOURNMENT
The next meeting of the Commission is scheduled to be held on Wednesday,
December 9, 2020, via Zoom.
AGENDA ITEM 5A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING MINUTES
Wednesday, October 14, 2020
1. CALL TO ORDER
The Riverside County Transportation Commission was called to order by Chair Ben J. Benoit at
9:39 a.m., via Zoom Webinar ID 829 6855 5624. Pursuant to Governor Newsom’s Executive
Order N -29-20.
PLEDGE OF ALLEGIANCE
Commissioner Art Welch led the Commission in a flag salute.
2. ROLL CALL
Commissioners/Alternates Present Commissioners Absent
Rusty Bailey Lisa Middleton * Mike Beauchamp
Ben J. Benoit Michael Naggar Steven Hernandez
Brian Berkson V. Manuel Perez
Randall Bonner Dana Reed
Joseph DeConinck Wes Speake
Waymond Fermon Karen Spiegel
Kathleen Fitzpatrick Larry Smith
Raymond Gregory Michael M. Vargas
Yxstain Gutierrez Chuck Washington
Berwin Hanna Ted Weill
Jan Harnik Lloyd White
Jeff Hewitt Art Welch
Kevin Jeffries Russ Utz
Linda Krupa Scott Vinton
Clint Lorimore Ted Weill
Bob Magee Bill Zimmerman
Scott Matas
*Arrived after the meeting was called to order.
3. PUBLIC COMMENTS
There were no requests to speak from the public.
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4. ADDITIONS / REVISIONS
Lisa Mobley, Clerk of the Board , announced there was a revision to Agenda Item 6,
“Fiscal Year 2020/21 Organization Recommendations”, on page 501,, third paragraph,
Fiscal Year 2019/20 budget was inadvertently used instead of Fiscal Year 2020/21 budget
that the Commission adopted.
5. CONSENT CALENDAR
M/S/C (Hanna/Jeffries ) to approve the following Consent Calendar items.
5A. APPROVAL OF MINUTES – September 9, 2020
5B. QUARTERLY SALES TAX ANALYSIS
Receive and file the sales tax analysis for Quarter 1, 2020.
5C. QUARTERLY FINANCIAL STATEMENTS
Receive and file the Quarterly Financial Statements for the 12 months ended
June 30, 2020.
5D. QUARTERLY INVESTMENT REPORT
Receive and file the Quarterly Investment Report for the quarter ended
June 30, 2020.
5E. INLAND EMPIRE COMPREHENSIVE MULTIMODAL CORRIDOR PLAN ADOPTION
1) Adopt and confirm the Inland Empire Comprehensive Multimodal Corridor
Plan (CMCP) is consistent with California Transportation Commission
guidelines for CMCPs; and
2) Authorize staff to make minor changes as needed to keep the document
current and accurate.
5F. AMENDMENT TO AGREEMENT RELATED TO THE CONSTRUCTION OF THE
RIVERSIDE DOWNTOWN LAYOVER FACILITY EXPANSION PROJECT
1) Approve the increase in the contingency for Agreement No. 19-33-029 -00
with Reyes Construction, Inc., for the construction of the Riverside
Downtown Layover Facility Expansion Project (Project) in the amount of
$455,000, for a revised contingency of $875,142, and a total amount not
to exceed $5,255,000; and
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2) Approve an increase of $300,000 in the FY 2020/21 budget for
construction expenditures related to the Project.
5G. AMENDMENT TO CONSTRUCTION MANAGEMENT AGREEMENT FOR THE LA
SIERRA STATION EXPANSION PROJECT
1) Approve Agreement No. 16-24-080-03, Amendment No. 3 to Agreement
No. 16-24-080-00, with S2 Engineering, Inc. (S2) to complete construction
management (CM) services, materials testing, and construction survey
services for the La Sierra Station Expansion Project, for an additional
amount of $102,069 and a total amount not to exceed $940,469; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to finalize and execute the agreements on behalf of the Commission.
5H. COACHELLA VALLEY -SAN GORGONIO PASS RAIL CORRIDOR PLANNING STUDY
UPDATE AND HDR CONTRACT AMENDMENT
1) Approve Agreement No. 14-25-072-05, Amendment No. 5 to Agreement
No. 14-25-072-00, with HDR Engineering (HDR) related to the Coachella
Valley -San Gorgonio Pass Rail Corridor Service Planning Study in the
amount of $831,653, plus a contingency amount of $83,000, for a total
amount of $914,653, and a total amount not to exceed $6,916,748 and a
term extension through June 30, 2022;
2) Authorize the Executive Director, pursuant to legal counsel review, to
finalize and execute the agreement on behalf of the Commission;
3) Authorize the Executive Director, or her designee, to approve the use of
the contingency amount as may be required for the agreement; and
4) Amend the Commission’s Fiscal Year 2020/21 Short Range Transit Plan
(SRTP) and make appropriate budget amendments to reprogram
$2,468,404 of Proposition 1B Public Transportation Modernization,
Improvement, and Service Enhancement Account (PTMISEA) Funds from
the Special Events Train Platform at the Indio Station project to the
Coachella Valley -San Gorgonia Pass Rail Corridor Study and commuter rail
station capital upgrades.
6. FISCAL YEAR 2020/21 ORGANIZATION RECOMMENDATIONS
Anne Mayer, Executive Director, provided an overview for the FY 2020/21 budget
adjustment and the revised FY 2020/21 salary range s.
At this time, Commissioner Lisa Middleton joined the meeting.
Commissioner Michael Vargas made the motion to approve the staff recommendation
and Commissioner Art Welch seconded the motion.
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1) Approve revised FY 2020/21 salary ranges; and
2) Approve an increase of $504,000 in the FY 2020/21 budget for salaries
and benefits expenditures related to the reinstatement of merit
increases, salary range cost of living adjustment (COLA), and funding for
Planning and Programming Director approved by the Executive
Committee.
Commissioner Lloyd White apologized for the late comment as he hoped to hear more
comments on this issue. He stated as he did in the Executive Committee meeting when
the Committee Members considered this item he called for a division of question and to
pull out the funding for the Planning and Programming Director as a separate item.
Commissioner White expressed concern for the merit increases as it is not the time to do
this. He requested to vote on the merit increases as a separate item and called for a
motion for the division of the recommended action.
Commissioner Kevin Jeffries seconded the motion.
Chair Benoit clarified with the original motion makers to bifurcate staff’s
recommendations and make it two separate items.
Commissioner Dana Reed requested to Chair Benoit that the Commissioners vote on
whether to bifurcate this item or not.
Chair Benoit clarified the substitute motion that is on the table is to vote on whether to
bifurcate this item.
M/S/C (White/Jeffries) to bifurcate this item.
No: Bailey, Benoit, Fermon, Gutierrez, Middleton, Perez, Vargas,
Washington, Welch, and Weill
The item passes.
Chair Benoit stated the Commission will bifurcate those two items.
Commissioner Karen Spiegel noted she tried to get her question before the vote and
asked if every year RCTC has received merit increases or if there was a year it was skipped
in recent years.
Anne Mayer replied for the past five years merit increases have been included in the
budget but prior to that because of the recession RCTC went through approximately four
years of frozen salaries and she believes they were reinstated in 2015. She explained
RCTC employees stay for a long time and from a salary range perspective that me ans 20-
25 percent of employees are topped out, which means even if they were high performing
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and earn a full 4 percent merit increase, they do not receive it as such because they are
topped out in their salary range .
Commissioner Clint Lorimore stated due to some connection issues he was unable to vote
and would have voted in favor to bifurcate the item. Lisa Mobley stated she will note that
for record.
In response to Commissioner Raymond Gregory’s question is the proposal for the salary
for the merit increases retroactive, Anne Mayer replied it would be retroactive back to
July 1. She stated as it was mentioned in the staff report the $504,000 budget adjustment
in addition to what was previously approved for salaries and benefits RCTC still has
salaries and benefits totaling less than one percent of RCTC’s $1.3 billion budget.
Chair Benoit clarified at this point, the Commission has a bifurcated item to bifurcate the
salary range merit increase from the funding for the Planning and Programming Director
item.
Commissioner White concurred and stated he was also in favor of keeping the salary
ranges, so staff recommendation no. 1 Approve revised FY 2020/21 salary ranges with the
funding for Planning and Programming Director approved by the Executive Committee.
Anne Mayer stated the budget adjustment for that she would recommend would be
$175,000 and she referred to Theresia Trevino, Chief Financial Officer, to verify that
amount is sufficient for those two items.
Chair Benoit stated he will need a motion for the approval of the revised FY 2020/21 salary
ranges and funding for Planning and Programming Director approved by the Executive
Committee.
Commissioner White made the motion and Jeffries seconded the motion for the Planning
and Programming Director approved by the Executive Committee.
Chair Benoit clarified the motion that was just made and Commissioner White concurred.
There was a request for clarification about what the Commission was being asked to
approve . Chair Benoit clarified the motion that is currently on the table and then referred
to legal counsel for further clarification.
Steve DeBaun, Legal Counsel, stated the Commission can break out staff’s
recommendations from the agenda item as the Board sees fit. Moving on item one and
the second half of item two and putting them together independent from the first portion
of item two is appropriate.
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Anne Mayer clarified that item no. 2 is revised to: Approve an increase of $240,000 in the
FY 2020/21 budget for salaries and benefit expenditures related to salary range cost of
living adjustments and funding for the Planning and Programming Director approved by
the Executive Committee. This revision changes the dollar amount and it deletes the
reinstatement of merit increases.
After further clarification amongst the Commissioners about the increase in funding for
the salary increases and the funding for the Planning and Programming Director, and then
in the second item the difference in the increase for the FY 2020/21 budget for the other
positions since the agenda item is being bifurcated.
Anne Mayer then clarified item no. 1 is to approve the FY 2020/21 Salary ranges and item
no. 2 is to approve an increase of $240,000 in the FY 2020/21 budget for salaries and
benefit expenditures related to salary range cost of living adjustments and funding for the
Planning and Programming Director approved by the Executive Committee. She
suggested to vote on that first and then if a Commissioner chooses to make a motion for
the balance of that funding for reinstatement of merit increases that would be the second
question.
Commissioner White stated he will restate his motion to be what Anne Mayer said in the
first part.
Chair Benoit clarified Commissioner Jeffrie s was okay with that as the seconder.
Commissioner Jeffries concurred.
There was further clarification that the merit increase question was separate from the
salary range question.
M/S/C (White/Jeffries) to:
1) Approve the revised FY 2020/21 salary ranges
2) Approve an increase of $240,000 in the FY 2020/21 budget for salaries
and benefit expenditures related to salary range cost of living
adjustments and funding for the Planning and Programming Director
approved by the Executive Committee.
The item passes.
Chair Benoit noted being at the separate item for reinstatement of merit increases for
approval and asked if staff wanted to speak on this item.
Anne Mayer stated her recommendation is to proceed with the merit increases. RCTC
has a very significant workload as she has mentioned before our total salaries and benefits
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are less than one percent of RCTC’s overall budget and RCTC is an extraordinarily lean and
prudent organization.
Motion was made by Middleton, seconded by Vargas to approve the balance of the
funding related to the reinstatement of merit increases.
Chair Benoit explained this agenda item originally came to the Executive Committee back
when COVID-19 was first taking grasps and he followed the lead of some of the
Committee Members, because the County was not doing those type of merit increases
this fiscal year. He recognized the cities were going into the pandemic blindly wondering
what was going to be happening and also how Commissioner White feels that his city has
that potential cliff with their fiscal issues although he recognizes their sales tax measure
money is continuing to come in and his city has as well. He expressed when RCTC was
going through the due diligence period to look at RCA it became known that RCA had
been given merit increases and he requested staff look into this further to find out if the
County employees had received merit increases for this fiscal year and they had. Chair
Benoit expressed concern for RCTC staff knowing that RCA staff got these increases when
they decided to pull them out and not give RCTC staff those increases. He stated it is
difficult to assume that a separate organization got increases when they were under the
belief that RCA as well as the County would not get them, but they have. Chair Benoit
explained this might be different next fiscal year, but he feels very strongly for this fiscal
year to give the merit increases to RCTC staff and asked the Commissioners to vote yes,
as this needs to pass to take care of RCTC employees as they are going to take on a very
heavy work load to assume and bring in more work for RCA.
Commissioner Washington expressed appreciation for Chair Benoit’s comments and
stated comparing RCTC’s paid salary and benefit structure to the County’s is like
comparing apples to pears. He noted how the County has an extensive network of labor
agreements with almost every employee and the increases in pay are guaranteed by the
contract. He expressed gratitude for the job Anne Mayer does as an Executive Director
by running a very lean organization and how staff stays at RCTC for a long period of time .
He supports the reinstatement of merit increases as RCTC can afford these merit increases
and do it in a financially sustainable way.
Vice Chair Harnik expressed appreciation for Chair Benoit’s and Commissioner
Washington’s comments and stated she supports the reinstatement of the merit
increases. She clarified if the Commissioners need to approve the balance of the funding
in that motion for the reinstatement of merit increases.
Anne Mayer replied yes.
Vice Chair Harnik asked if that is acceptable to the motion makers to include that in the
motion.
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Chair Benoit acknowledged Commissioner Vargas said yes and Commissioner Middleton
replied that is acceptable.
Commissioner Hewitt opposed this item. He explained that bifurcating this item was a
good compromise as the salary ranges and the Planning and Programming Director
position were approved. He expressed concern all of us have not been affected in a way
many of their constituents have and he concurred with Commissioner White’s comments,
as it is uncertain right now. He stated numbers can always be manipulated and look like
we are getting the funds we need right now but there are tough times ahead.
Commissioner Hewitt stated he will be voting no. Chair Benoit replied that he does not
believe anyone is manipulating numbers at this organization but expressed appreciation
for his comments.
In response to Commissioner Utz’s clarification the Commission approved the cost of
living raises across the board, Anne Mayer replied no that is not what that item was. She
explained that item was to approve a 2.91 percent cost of living adjustment (COLA) on
the ranges themselves so our salary ranges moved upward 2.91 percent, that does not
result in automatic cost of living adjustments to all staff salary. During her tenure at RCTC
there was one COLA done after the recession, but RCTC does not do COLAs for everyone’s
salaries. Anne Mayer explained that salary range shift will impact seven employees who
are currently at their bottom range and they will be salary adjustments averaging
approximately $200 a month. There maybe a couple more people at the top end that
may have been impacted, but it is not across the board.
Commissioner Utz clarified what he heard from Ms. Mayer is that most of our employees
are at the top of their salary range and would need the merit increase to get a raise.
Anne Mayer replied 20 to 25 percent of our employees are at the top end the majority of
employees are in the middle and none of those employees will see any adjustment to
their salaries so the majority of RCTC employees will not see an adjustment to their salary
without the merit increases.
Commissioner Jeffries asked how much the merit increase is and who decides it.
Anne Mayer replied 4 percent is the maximum merit increase and ultimately she
determines the percentage. She explained each employee goes through a performance
appraisal and there are specific forms where ratings are given and the ratings are then
tabulated. Anne Mayer stated for example, if an employee received a four on each of the
categories they would receive a 4 percent if an employee received a two in the categories
they would receive a 2 percent, which is a sliding scale depending on performance and
she signs off on all of them.
In response to Chair Benoit’s question about the average percent for the past couple of
years, Anne Mayer replied she does not know but would say the average is probably in
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Page 9
the 3 to 4 percent range. She explained with that being said as she mentioned 20 to 25
percent of our employees are at the top so even if the Commissioners approve a 4 percent
merit increase if they only have one percent between their current salary and the top of
their range they only get one percent.
Commissioner Spiegel stated this would have been for the merit increase for last year and
referred to some of Anne Mayer’s comments and that is through the next few months if
we move forward with RCA and have our blended family the workload maybe a little more
burdensome for some employees if this goes through. Commissioner Spiegel explained
with that being said she understood that the RCA employees had already received a merit
increase this fiscal year.
Anne Mayer replied that some of the RCA employees had receive a merit increase for this
fiscal year.
Commissioner Spiegel expressed generally supporting her colleague’s comments as far as
the timing is bad financially even though RCTC is doing well, but it is uncertain in the
coming months and she needs the blended family to be happy. She stated not realizing
that RCTC did not get COLAs and without the COLAs there is a whole different view on
this and the concern for the competition with our employees being to other agencies.
She noted the class and compensation study will be beneficial down the line but does not
want RCTC to get behind. Commissioner Spiegel stated th e re were major challenges with
the County’s class and compensation study of being below market.
At this time, Commissioner Gutierrez left the meeting.
M/S/C (Middleton/Vargas) to approve the balance of the funding related to the
reinstatement of merit increases.
No: Berkson, Hewitt, Utz, and White
The item passes.
In response to Chair Benoit’s question if there was a vote count, Lisa Mobley replied 27
affirmatives .
Anne Mayer expressed gratitude to the Commission on behalf of RCTC staff as there is a
reason why people stay at RCTC for a long time and how important the Commissioners’
leadership is as the staff are all very proud to work for RCTC and the Commissioners’
regard for staff is very much appreciated. The action the Commissioners just took
demonstrates it and it is quite motivating to the RCTC team.
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Page 10
7. STATE AND FEDERAL LEGISLATIVE UPDATE
David Knudsen, Legislative Affairs Manager, provided an update for the state and federal
legislative activities.
Commissioner Speake stated it is disheartening to hear this even though it has been heard
that investment from the state in transportation in moving commuters is frankly under
attack and it has been under attack. As a Commission it is a self-help but to give up and
allow the state to abandon Riverside County is something they cannot do, and he is
uncertain what else can be done . Commissioner Speake stated that Anne Mayer and staff
are working very hard and suggested looking for ways to try and mobilize and speak to
the State Legislature in Sacramento. He expressed RCTC needs to really push for an option
to show a balanced approach to fix some of the current issues and to put it on the
taxpayers of Riverside County is completely unfair. There needs to be some pushback to
those folks and at the same time noted at its January Commission Workshop there was
discussion about putting together a mitigation plan with Western Riverside Council of
Governments (WRCOG) on how to set aside transportation projects or economic
development projects that keep commuters from getting on the freeway. He mentioned
having discussions with WRCOG’s Executive Director Rick Bishop about economic
development as it is time to marry those two together and getting f olks to work where
they live. He noted the Commission still needs to show we are a self-help and suggested
the Commission work on a plan that envelops the economic side because every job that
is created in Riverside County helps the Commission, it is less pressure on the roads and
the highways, and on some of these projects the Commissioners all want and pushed for
in the 10-Year Western Riverside County Highway Delivery Plan. He stated the
Commission and their constituents need to find a way to have a raised voice to have it
heard in Sacramento and to keep fighting.
Commissioner Middleton concurred with Commissioner Speake’s comments and stated
one of the lessons in 2020 has been how much of a change the work environment has
been and so much work now is taking place virtually just like this meeting is being held
and from a public policy standpoint the Commission should be encouraging in the future.
She is uncertain what form that takes in terms of legislation and regulation but that is a
conversation the Commission needs to have . Commissioner Middleton expressed
encouraging returning to a new normal that does not have people sitting in a car five days
a week is something that the Commission needs to build up.
Anne Mayer expressed appreciation for the Commissioners’ comments and understands
they will have to be coordinated and strategic and think differently given the current
environment. There will be an idea at the beginning of November what the California
Transportation Commission (CTC) staff recommendations are for all the SB 1 allocations .
Also in January staff will bring to the Commission for adoption the State and Federal
Legislative Platform. Staff is taking feedback and the Commissioners can be assured that
these issues and comments will be considered in the platform in January 2021.
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M/S/C to receive and file an update on state and federal legislation.
8. INTERSTATE 15 CORRIDOR OPERATIONS PROJECT
Michael Blomquist, Toll Program Director, presented the potential for a future
improvement on the I-15 corridor at the south end of RCTC ’s current I -15 Express
Lanes Project for the Interstate 15 Corridor Operations Project (15 COP),
highlighting the following areas:
• Commission priorities on I -15:
Group 1 Highest Priority Projects
o I-15 Express Lanes (Cajalco Road to SR-60)
o 15/91 Express Lanes Connector
o I-15 Express Lanes (SR-74 to Cajalco Road): through environmental
o I-15 Express Lanes Advanced Operations
Group 2 Next Highest Priority Projects
o I-15 Express Lanes (SR-74 to Cajalco Road): through construction
• A map of the proposed improvements from the 10-Year Delivery Plan
• Sequencing of the I-15 Projects – Four planned I-15 corridor projects
reflected in this table
• Project purpose:
o 15 Express Lan es Project
Geographic limits
Extent of improvements
o Timing of corridor improvements
15 ELP
15 ELP – Southern Extension
o 15 COP
Interim improvement
Some congestion relief, targeted area
• Proposed improvements along with a diagram:
o Add one southbound lane
Cajalco on-ramp to Weirick off -ramp
o Bedford Canyon Wash
Median and outside bridge widening
Minimize impact to channel
o Future Project
Perpetuated auxiliary lane
Compatible improvements
• Project development schedule, estimated project cost, and proposed
funding
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Commissioner Speake expressed appreciation to staff for thinking ahead and
having some foresight with the proposed 15 COP because this will do nothing to
address the three lane drops that have been discussed as the I-15 will be going
from five lanes to three lanes and there will be traffic back up. He expressed
gratitude to the contractor for being under budget so there is funding to do this
project, and that the Commission is only disturbing the Bedford Canyon Wash for
a second time. Commissioner Speake mentioned this at the last Western Riverside
County Programs and Project Committee meeting and reiterated the fact that the
cost is higher than average because of the work being done and it allows RCTC to
have to pay for this mitigat ion only once and being as efficient as possible. He
expressed how much this project is going to be needed already seeing the I-15
project being tentatively open and having commuters stay in the lanes there as
traffic is already backing up. Commissioner Speake stated hopefully this project
can move quickly and the Commissioners are in support of this and then RCTC can
work on the other issues in the future on I-15, but this is a start with this project.
Commissioner Utz expressed appreciation for coming in under budget on one
project and then reapportioning those funds to make the original project that
much better. He cautioned regarding these projects as they look at the
multimodal plan today and as he just heard previously in the legislative update
regarding state and federal dollars potentially drying up for projects.
Commissioner Utz expressed the main idea behind this entire Commission and the
original Measure A was connecting Riverside County to Riverside County not
connecting Riverside County to Los Angeles, Orange, and San Diego Counties, but
to remember to focus while those state dollars are still available that they have a
multitude of infill projects connecting the County so they can keep those jobs in
the County and keep people off the freeways. He supports this but cautioned to
remember where the Commission’s focus needs to be on these projects.
Commissioner Spiegel understood Commissioner Utz’s comments and stated how
difficult the challenges were with the SR-91 HOV Project and that it conn ects
Riverside County residents to their jobs in other counties. This is reality and the
Commissioners had to work with it and she expressed the challenge is if RCTC does
not invest on these projects they will be hurting tremendously the cities along I-
15 with all the lane drops and people getting off the freeways and driving through
the cities. Commissioner Spiegel stated it is the Commission’s job of representing
those communities that have traffic that gets backed up. She referred to the 91
COP the Commission approved that will alleviate traffic going to the Orange
County Line, which is much needed and expressed appreciation to staff for
jumping on this project early on and taking care of those lane drops and for
bringing this forward now rather than waiting until this project is done.
Anne Mayer referred to Commissioner Utz’s comments and stated this
Commission increasingly will need to have conversations about priorities and if
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Page 13
there are additional funds or savings on projects talking about how that money is
invested in the Commissioner’s next priorities. In this particular instance staff
re commended investing in this additional auxiliary lane because the scope of the
I-15 Project was originally much larger, and in 2010 it was truncated to Cajalco
Road because of a lack of funding. She explained staff thought that if there were
savings on the original I -15 Project then it would be most appropriate for it to go
into additional improvements on I-15 as that was the corridor that was originally
impacted with a lack of funding. Anne Mayer stated if that was not the case staff
would have probably brought a different recommendation so the Commissioners
could discuss next priorities and connecting our communities is an important
conversation for the Commissioners to have.
Commissioner Utz clarified that it is a great idea to reprogram the dollars back in
that 15 corridor project because that is where they came from due to the savings.
He was suggesting in the future when other choices come along, they need to
make sure the Commissioners’ are focusing inside and not outside Riverside
County.
At this time, Commissioners Jeffries and Reed left the meeting.
M/S/C (Vargas/Speake ) to:
1) Authorize staff to implement all project development activities needed
to complete construction of the I-15 Corridor Operations Project
(15 COP), including immediately commencing the preliminary
engineering/environmental document work phase;
2) Authorize the Executive Director to negotiate and execute a contract
amendment to Agreement No. 19-31-025-00 or a new contract with HDR
Engineering, Inc. (HDR) to provide final design services for the 15 COP for
an amount as necessary to complete the work, currently estimated in the
amount of $2,379,000, plus a contingency amount of $238,000, for a total
estimated amount of $2,617,000, as it is in the best public interest and
best interest of the Commission to conduct a non-competitive
procurement;
3) Approve project funding comprised of:
a) $25.0 million in Measure A sales tax revenue bond proceeds
projected to be available for all phases of project development
costs for the 15 COP; and
b) $13.3 million in federal Congestion Mitigation and Air Quality
(CMAQ) funds for construction phase costs for the 15 COP and to
program this funding in the 2021 Federal Transportation
Improvement Program (FTIP);
4) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute all necessary, non-funding, agency agreements or
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October 14, 2020
Page 14
amendments to existing agency agreements for all phases of project
development;
5) Authorize the Executive Director, or designee, to approve contingency
work as may be required for the Project; and
6) Approve an increase of $2,000,000 in the FY 2020/21 budget for
preliminary engineering/environmental document and final design work
phase expenditures related to the 15 COP.
9. ITEM(S) PULLED FROM C ONSENT CALENDAR FOR DISCUSSION
There were no items pulled from the Consent Calendar.
10. COMMISSIONERS/EXECUTIVE DIRECTOR’S REPORT
• RCA Update, Anne Mayer
10A. Chair Benoit announced on October 24 the city of Wildomar has a Halloween Laser
Light Show at Marna O’Brien Park. It will be socially distanced with everyone
parked in the parking lot and staying in their cars.
10B. Commissioner Vargas expressed gratitude to Anne Mayer and staff for all the
projects they have been doing throughout this pandemic as it is incredible and for
how this organization spends less than 1 percent on salaries.
10C. Anne Mayer updated the Commission on the Western Riverside County
Conservation Authority’s (RCA) request for RCTC to become the managing agency
and on the completed 60-day due diligence process with RCA. An update will be
provided at its November Commission meeting and a draft implementing
agreement will be considered for approval. Anne Mayer stated a copy of the
“Implementation and Management Services Agreement between Riverside County
Transportation Commission and Western Riverside County Regional Conservation
Authority” agenda item and the draft managing agency agreement will be emailed
to all the Commissioners , which was presented for approval at the Executive
Committee this morning.
In response to Commissioner Zimmerman’s question about who initiated the idea
for RCTC to become the managing agency for RCA, Anne Mayer replied it was not
her idea and she would defer to some of the Commissioners that also serve on the
RCA Board. She explained the RCA Executive Director retired a year ago so that
Board was in the process of recruiting for a replacement Executive Director and
during that process their internal discussions led them to having this conversation
about what other options do they have and they asked RCTC to consider serving
this role.
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Page 15
11. CLOSED SESSION
11A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case No(s). RIC1903801
There were no announcements from Closed Session.
12. ADJOURNMENT
There being no further business for consideration by the Riverside County Transportation
Commission, Chair Benoit adjourned the meeting at 11:14 a.m. The next Commission
meeting is scheduled to be held at 9:30 a.m., Thursday, November 12, 2020, via Zoom.
Respectfully submitted,
Lisa Mobley
Clerk of the Board
15
AGENDA ITEM 5B
Agenda Item 5B
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM: Jose Mendoza, Senior Procurement Analyst
Matt Wallace, Procurement Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Single Signature Authority Report
STAFF RECOMMENDATION :
This item is for the Commission to receive and file the Single Signature Authority report for the
first quarter ended September 30, 2020.
BACKGROUND INFORMATION :
Certain contracts are executed under single signature authority as permitted in the Commission’s
Procurement Policy Manual adopted in September 2019. The Executive Director is authorized to
sign services contracts that are less than $250,000 individually and in an aggregate amount not
to exceed $1.5 million in any given fiscal year. Additionally, in accordance with Public Utilities
Code Section 130323(c), the Executive Director is authorized to sign contracts for supplies,
equipment, materials, and construction of all facilities and works under $50,000 individually.
The attached report details all contracts that have been executed for the first quarter ended
September 30, 2020, under the single signature authority granted to the Executive Director. The
unused capacity of single signature authority for services at September 30, 2020 is
$1,408,475.
Attachment: Single Signature Authority Report as of September 30, 2020
16
CONTRACT #
CONSULTANT DESCRIPTION OF SERVICES ORIGINAL CONTRACT
AMOUNT PAID AMOUNT REMAINING
CONTRACT AMOUNT
AMOUNT AVAILABLE July 1, 2019 $1,500,000.00
18-33-123-00 Los Angeles Engineering La Sierra Station Expansion Project 3,497.49 0.00 3,497.49
PO 2806 Dispensing Technology Corp.Bituminous Applicator for Interstate 15 Express Lanes 38,045.74 0.00 38,045.74
21-31-002-00 California Highway Patrol Construction Zone Enhancement Program (COZEEP) for Interstate 215
Pachappa Project 49,982.00 0.00 49,982.00
AMOUNT USED 91,525.23
91,525.23
$1,408,474.77
None N/A $- $- $-
Jose Mendoza Theresia Trevino
Prepared by Reviewed by
AMOUNT USED
SINGLE SIGNATURE AUTHORITY
AS OF September 30, 2020
Note: Shaded area represents new contracts listed in the first quarter.
AMOUNT REMAINING through September 30, 2020
Agreements that fall under Public Utilities Code 130323 (C)
J:\2020\11 November\5B.A1.JM.SingleSignQ1
17
AGENDA ITEM 5C
Agenda Item 5C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM: Jenny Chan, Senior Management Analyst
Jillian Guizado, Planning and Programming Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Active Transportation Program – Southern California Association of
Governments 2021 Regional Program Guidelines – 20-Point Distribution for
Riverside County Project Applications
STAFF RECOMMENDATION :
This item is for the Commission to approve the 20-point distribution methodology for Riverside
County for inclusion into the Southern California Association of Governments (SCAG) 2021
Regional Program Guidelines for the Active Transportation Program (ATP) Cycle 5.
BACKGROUND INFORMATION :
ATP is a highly competitive statewide program that funds bicycle and pedestrian facilities and
programs to enhance or encourage walking and biking. The California Transportation Commission
(CTC) awards 50 percent of the funds at the statewide competitive level, 10 percent to small
urban and rural regions, and 40 percent at the large Metropolitan Planning Organization (MPO)
level. The ATP process allows applicants in Riverside County two opportunities for award – at the
statewide level and the large MPO level. As part of the sequential project selection, projects are
first evaluated statewide and those that are not ranked high enough for statewide funding are
automatically provided a second opportunity for funding through the large MPO share. As the
MPO, SCAG is required to work with county transportation commissions, the CTC, and Caltrans
to develop its regional program recommendations.
As part of the development of the regional program guidelines, SCAG allows each county
transportation commission to assign up to 20 points to the CTC’s project scores. Each county
transportation commission in the SCAG region is responsible for defining “plans” and developing
its guidance and methodology for assigning the 20 points. For ATP Cycle 5, it is estimated that
the Commission will have approximately $11 million available for award.
18
Agenda Item 5C
DISCUSSION:
At the July 2020 Technical Advisory Committee (TAC) meeting, staff presented four 20-point
distribution options for TAC consideration and discussion. The four options reflected the
Commission’s goal for funding projects that are construction-ready and re warding agencies that
invested in pre-construction activities. At the September 2020 TAC meeting, the TAC approved
the following point distribution as shown in Table 1.
Table 1: Recommended 20-Point Distribution
Criteria Points
1. Requesting construction-only funding 6
2. Construction funding in the first two years of programming & PA/ED
completed
10
3. Projects identified in WRCOG Sub-regional Active Transportation Plan or
CVAG Non-Motorized Plan; or an adopted local active transportation plan,
bike or pedestrian master plan, or Safe Routes to School Plan
4
Staff recommends approval of the proposed 20-point distribution as presented for inclusion in
the SCAG 2021 Regional Program Guidelines for ATP Cycle 5. Projects will be scored based on
the submitted ATP Cycle 5 applications to the CTC. Preliminarily, Pro ject Approval/Environmental
Document (PA/ED) completion will be evaluated based on Part A5: Project Schedule , of the ATP
application as shown in Figure 1. The requested California Environmental Quality Act (CEQA)
signature page will be used to confirm proj ect PA/ED completion. If a project is already
federalized, the agency must also provide the NEPA signature page. Applicants have until March
1, 2021 to provide Commission staff completed project CEQA or CEQA/NEPA for federalized
projects. The Commission will also request state -only funding for non-federalized projects with
completed CEQA, but there is no guarantee CTC can fulfill these requests.
Figure 1: Project Schedule from ATP Application
There is no financial impact for this item.
19
AGENDA ITEM 5D
Agenda Item 5D
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM: Michele Cisneros, Deputy Director of Finance
THROUGH: Anne Mayer, Executive Director
SUBJECT: Financial Enterprise Resource Planning Software Implementation and
Business Application Procurement and Implementation Consulting Services
STAFF RECOMMENDATION :
This item is for the Commission to:
1) Approve Agreement No. 18-19-082-01, Amendment No. 1 to Agreement
No. 18-19-082-00, with Tyler Technologies (Tyler) for the Munis Enterprise Resource
Planning (ERP) software implementation modification at no cost to the Commission and
an extension to August 2025;
2) Approve Agreement No. 19-19-003-01, Amendment No. 1 to Agreement
No. 19-19-003-00, with SDI Presence, LLC (SDI) for budgeting and timekeeping software
applications procurement and implementation consulting services in the amount of
$135,850, plus a contingency amount of $43,750, for an additional amount of $179,600 ,
and a total amount not to exceed $681,900, and an extension for the Munis ERP software
modification to December 2023;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreements on behalf of the Commission;
4) Authorize the Executive Director or designee to approve the use of the contingency
amount as may be required for the agreement; and
5) Approve a budget adjustment to increase the FY 2020/21 expenditures of $55,300 for
budgeting and timekeeping software applications procurement and implementation
consulting services .
BACKGROUND INFORMATION :
In January 2018, the Commission approved a plan to update its current Tyler Eden financial ERP
software with the implementation of Tyler’s Munis ERP software . Tyler’s Munis ERP software
offers new intuitive and robust features that include :
• Cloud -based solutions or “software as a service “ (SaaS), whereby Tyler hosts
computer networks, storage applications, and software applications;
• Hardware maintained by Tyler with costs leveraged across multiple clients;
20
Agenda Item 5D
• Increased remote access capabilities offering the ability to accommodate
alternative work arrangements;
• Integration with Outlook for scheduling, Microsoft Word integration, and bi-
directional integration between Munis ERP and Excel; and
• Streamline d development of the year-end statements and schedules with Tyler’s
Comprehensive Annual Financial Report Statement Builder, specifically designed
to work with Munis ERP.
As an existing Tyler client, all Munis ERP modules for which there is a comparable Eden ERP
module are discounted at 50 percent and all Eden ERP module data will be converted to Munis
ERP at a 50 percent discount rate. The contract includes data conversion of 10 years of general
ledger, accounts payable, and project accounting modules and five years of payroll module data
conversion. The Commission authorization for the implementation and three-year SaaS
deployment services is $625,000.
In September 2018, the Commission hired SDI to assist staff in the contract negotiations, project
management, change management, risk management, data conversion, and implementation of
the Tyler Munis ERP. SDI assisted the Commission in contract negotiations, and an agreement
between the Commission and Tyler was executed in March 2019. The Munis ERP implementation
activities began shortly thereafter.
Implementation Status
Staff and SDI have been working on the Munis ERP implementation, and implementation tasks
completed include: general ledger chart of accounts mapping, Munis ERP administration systems
set up, and accounts payable customer data conversion. Additionally, staff and SDI have been
testing certain Munis ERP modules to verify the integrity of the workflow and to identify possible
issues that may negatively affect the Commission’s business practices or procedures.
During testing of the Munis ERP accounts payable module, it was observed that it did not allow
the ability to make required changes to accounts payable invoices once an invoice had been
released electronically to Commission staff in the workflow approval process. The ability to make
changes to accounts payable invoice s after release from the Finance Department to staff for
approval is necessary in o rder to attach contracts and task or purchase orders, add project and
general ledger account coding, and modify invoice description s.
Once this workflow limitation was identified, staff and SDI worked with Tyler on a solution to
resolve this limitation , as it had significant impacts to the Commission ’s business processes. After
several months of discussions, negotiations , and a request for a Munis ERP system modification,
Tyler concluded that it would provide a system modification to correct the workflow limitation
at no cost to the Commission. Unfortunately, Tyler does not have the resources to begin the
design and build-out of the workflow modification until the first quarter of 2021, since it requires
a significant amount of time and staff resources. The Munis ERP workflow modification is
anticipated to be completed and rolled out to Tyler’s clients in 2022.
21
Agenda Item 5D
Staff, SDI, and Tyler agree that the Munis ERP implementation activities will be placed on hold
until the workflow modification design and build-out is developed. However, all parties will
continue to work on the data conversion from the Eden ERP to the Munis ERP without
interruption while the workflow modification is being designe d and built. Therefore, staff
recommends an extension of Agreement No. 18-19-082-00 from March 2022 to August 2025,
which includes the three years of SaaS deployment services. The SaaS deployment services fees
paid by the Commission thus far will be credited back to the Commission and offset against the
Eden ERP maintenance fees that were not paid in lieu of the SaaS deployment services fees. SaaS
deployment fees will restart when the Munis ERP implementation resumes which is estimated in
August 2022. The Tyler amendment has no cost impact to the Commission.
While the Munis ERP implementation is on hold for the workflow modification, staff determined
this would be a good opportunity to procure and implement budgeting and timekeeping software
applications that are compatible and will integrate with the Commission’s existing Eden ERP and
the Munis ERP. Staff and SDI determined the following tasks are necessary for the procurement
and implementation consulting services related to the budgeting and timekeeping software
applications :
• Phase 1 – Develop a budgeting and timekeeping software applications work plan to
include project approach, tasks, resources, schedules, deliverables, and milestones;
• Phase 2 – Conduct system requirements interviews with functional subject matter
experts, document existing and desired functional requirements, identify desired
interfaces or integration opportunities between Eden ERP and Munis ERP and other data
repositories, and document data migration and conversion requirements;
• Phase 3 – Draft request for proposal (RFP) scope of work, review final RFP, and compile
comprehensive list of public sector solution vendors;
• Phase 4 – Coordinate and assist in the RFP evaluation committee, prepare evaluation
methodology and matrix template, conduct initial screening of proposals, assist in the
review and scoring of RFP, prepare proof of capabilities (POC) scripts and scenarios, and
facilitate the POC sessions with proposed vendors;
• Phase 5 – Assist in the negotiation of agreement terms, conditions, pricing, payment
terms, and milestones; and
• Phase 6 – Assist in the data conversion and implementation of the budget and
timekeeping applications.
SDI submitted a cost proposal for the se consulting services in the amount of $179,600, which
includes a contingency of $43,750. Staff believes that a higher contingency is warranted based
on staff’s prior research regarding the availability of budget and timekeeping applications that
accommodate the Commission’s project accounting needs. Additional data conversion and other
project management support may be required, especially for a timekeeping solution.
Accordingly, staff determined that the cost is fair and reasonable to support staff in the
procurement and implementation of these applications. Staff recommends Commission
22
Agenda Item 5D
approval to amend SDI Agreement No. 19-19-003-00 for an additional $179,600 related to
procurement and implementation of budgeting and timekeeping software applications and an
extension to December 2023 to accommodate implementation of the budget and timekeeping
applications as well as the Munis ERP software . Additionally, staff recommends the Commission
authorized the Executive Director, or her designee, to approve the use of contingency as may be
required for the agreement.
FISCAL IMPACT
Staff recommends a budget adjustment of $55,300 for the budgeting and timekeeping software
project management support for Phase 1 through Phase 5 in FY 2020/21, as such cost was not
included in the FY 2020/21 budget.
Financial Information
In Fiscal Year Budget: No
N/A Year: FY 2020/21
FY 2021/22 Amount: $55,300
$124,300
Source of Funds:
Measure A, LTF, TUMF, Motorist
Assistance, Toll Operations, and other
administrative cost allocation funding
sources
Budget Adjustment: Yes
N/A
GL/Project Accounting No.: 001001-65520-00001-0001 101-19-65520
Fiscal Procedures Approved: Date: 10/15/2020
Attachments:
1) Draft Amendment No. 18-19-082-01 with Tyler Technologies
2) Draft Amendment No. 19-19-003-01 with SDI Presence, LLC
23
Agreement No. 18-19-082-01
AMENDMENT
This amendment (“Amendment”) is made this _____ day of _____________, 2020 by and between Tyler
Technologies, Inc., with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the Riverside
County Transportation Commission, with offices at 4080 Lemon St., Riverside, CA 92502 (“Client”).
WHEREAS, Tyler and the Client are parties to an agreement dated March 26, 2019 (“Agreement”); and
WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client
agree as follows:
1.Project Hold. Some elements of the project contemplated in the Agreement to migrate from
Eden to the Munis Tyler Software have been put on hold until August 1, 2022 (“Project Hold”).
As a result of this Project Hold:
a.Suspension of SaaS Fees. SaaS Fees owed under the Agreement are hereby suspended
until August 1, 2022.
b.Issuing Credit. Tyler hereby issues Client a credit of $179,514.00 for SaaS fees paid
under the Agreement. Client may apply said credit, in its discretion, to any fees it owes
to Tyler under the Agreement.
c.Section F.1, Term, of the Agreement shall be amended, in part, as follows.. The term of
the Agreement shall commence on the Effective Date and shall terminate on July 30,
2025, unless extended or earlier terminated as provided in the Agreement. The period
commencing on the Effective Date through July 30, 2022 shall be referred to as the Eden
ERP maintenance period. The “initial term” of the Agreement, as that term is used in the
Agreement, shall mean the three year period commencing on August 1, 2022, the date on
which the payment of SaaS fees will first become due. SaaS fees for year one of the
initial term, as defined in this Amendment, shall be invoiced on or before August 1, 2022.
d.Restoration of Eden Maintenance and Support Fees. Retroactive to April 1, 2019, for the
Eden ERP maintenance period, Client shall pay maintenance and support for the
Migration Modules at the rates set forth on the invoice attached hereto as Exhibit 1. Said
maintenance and support fees shall be invoiced as follows:
i.$160,311.42, covering the fees for the period from April 1, 2019 through July 31,
2021, shall be invoiced on the execution of this Amendment.
ii.$71,249.52, covering the fees for the period from August 1, 2021 through July
31, 2022, shall be invoiced on or before August 1, 2021.
e.Ongoing Implementation. The Parties agree to continue engaging in implementation
activities as appropriate. Nothing in this Amendment shall limit or restrict the Parties
from continuing ongoing implementation efforts, including conversions and training.
2.This Amendment shall be governed by and construed in accordance with the terms and conditions
of the Agreement.
ATTACHMENT 1
24
3. All other terms and conditions of the Agreement shall remain in full force and effect.
4. This Amendment shall be governed by the laws of the State of California. Venue shall be in
Riverside County.
5. A manually signed copy of this Amendment which is transmitted by facsimile, email or other
means of electronic transmission shall be deemed to have the same legal effect as delivery of an
original executed copy of this Amendment for all purposes. This Amendment may be signed
using an electronic signature.
6. This Amendment may be signed in counterparts, each of which shall constitute an original.
SIGNATURE BLOCK ON FOLLOWING PAGE
25
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth
below.
Tyler Technologies, Inc. Client
By: By:
Name: Name:
Title: Title:
Date: Date:
26
Exhibit 1
Eden Maintenance Invoice
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
27
17336.01100\31282465.5
Agreement No. 19-19-003-01
AMENDMENT NO. 1 TO AGREEMENT
FOR ENTERPRISE RESOURCE PLANNING PROJECT OVERSIGHT SERVICES
WITH SDI PRESENCE LLC
1.PARTIES AND DATE
This Amendment No. 1 to the Agreement for enterprise resource planning
project oversight services is made and entered into as of _____________, 2020, by
and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(“Commission”) and SDI PRESENCE LLC ("Consultant"), a Delaware limited liability
company.
2.RECITALS
2.1 The Commission and the Consultant have entered into an agreement
dated September 18, 2018 for the purpose of providing enterprise
resource planning project oversight services (the "Master
Agreement").
2.2 The parties now desire to amend the Master Agreement in order to
extend the term and provide additional compensation for budgeting
and timekeeping software applications procurement and
implementation consulting services.
3. TERMS
3.1 The term of the Master Agreement shall be amended to provide for an
additional term of three (3) years, ending on December 31, 2023.
3.2 The Scope of Services for the Master Agreement shall be amended to
include Services, as that term is defined in the Master Agreement,
required to provide additional services, as more fully described in
Exhibit "A" attached to this Amendment No. 1 and incorporated herein
by reference.
3.3 The maximum compensation for Services performed pursuant to this
Amendment No. 1 shall be One Hundred Seventy-Nine Thousand, Six
ATTACHMENT 2
28
17336.01100\31282465.5 2
Hundred Dollars ($179,600), as more fully described in Exhibit “A”
attached to this Amendment No. 1 and incorporated herein by
reference.
3.4 The total not-to-exceed amount of the Master Agreement, as amended
by this Amendment No. 1, shall be increased from Four Hundred
Thirty-Six Thousand Eight Hundred Dollars ($436,800) to Six Hundred
Sixteen Thousand Four Hundred Dollars ($616,400).
3.5 Except as amended by this Amendment No. 1, all provisions of the
Master Agreement, including without limitation the indemnity and
insurance provisions, shall remain in full force and effect and shall
govern the actions of the parties under this Amendment.
3.6 This Amendment No. 1 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.7 This Amendment No. 1 may be signed in counterparts, each of which
shall constitute an original.
[Signatures on following page]
29
17336.01100\31282465.5 3
SIGNATURE PAGE
TO
AGREEMENT NO. 19-19-003-01
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
on the date first herein above written.
RIVERSIDE COUNTY SDI PRESENCE LLC
TRANSPORTATION COMMISSION
By: _____________________________ By: _________________________
Anne Mayer, Executive Director Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM: Attest:
By: _____________________________ By: ________________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: ________________________
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the
second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief
financial officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided
to the Commission.
30
Exhibit A
17336.01100\31282465.5
Exhibit “A”
Amendment No. 1
Scope of Services and Compensation
[attached behind this page]
31
Proposal to Riverside County Transportation Commission 1 | P a g e
Business Application Procurement and Implementation Consulting Services
September 10, 2020
Michele Cisneros, Deputy Director of Finance
Riverside County Transportation Commission
4080 Lemon St., 3rd floor
Riverside, CA 92502
Re: Enterprise Resource Planning (ERP) - Business Application Procurement and System
Implementation Consulting Services - Amendment
Dear Ms. Cisneros:
SDI Presence LLC (SDI) is pleased to present this statement of work to provide consulting services to
continue to support the Commission’s ERP implementation effort based on some recent updates. It is
our understanding that the Commission’s goal is to obtain consulting assistance in specific areas that
augment the expertise of Commission staff and the selected vendor to help ensure a successful
procurement and implementation of business applications. This proposal letter discusses the updates
in the scope of work, level of effort, cost, and timeline.
Scope of Work
SDI offers experienced, expert consultants who will provide the following services for assistance with
two procurement applications for budgeting and timekeeping, and implementation services for the
two applications:
PROCUREMENT (Phase 1-5), PROJECT MANAGEMENT, and DATA CONVERSION:
Phase 1 - Initiate
▪Project Sponsor Planning Meeting: Meet with the project sponsor and other key staff to
complete a detailed review of the scope of work, project timeline, deliverables, project status
methods, project participants (i.e. sponsor, subject matter experts, technical resources, etc.),
and other items to ensure a well-planned project. During this meeting, SDI will discuss the tools
and templates that will be leveraged.
▪Work Plan Development: SDI will publish a Work Plan that identifies the project approach,
methods, tasks, activities, resources, schedule, deliverables, and major milestones. Deliverable:
Work Plan
▪Kickoff Meeting: SDI will participate in a project Kickoff Meeting to proactively communicate
with all impacted staff to ensure a clear understanding of project goals and objectives, roles and
responsibilities, approach, tasks, and timeline, and to introduce the SDI team to Commission
staff. Deliverable: Kickoff Meeting Presentation
Phase 2 – Requirements
▪Conduct System requirements Workshop: SDI will conduct face-to-face interviews (workshops)
with the Commission’s functional subject matter experts in all Commission departments to gain
an understanding of how user departments utilize the current budget and timekeeping system.
EXHIBIT A - 1DRAFT32
Proposal to Riverside County Transportation Commission 2 | P a g e
Business Application Procurement and Implementation Consulting Services
▪Document Functional and Operational Requirements: SDI will utilize the information gathered
during the previous task above to document the Commission’s existing and desired functional
requirements so that potential vendors have a full understanding of the Commission’s
requirements. Deliverable: Functional/Operational Requirements
▪Document Interfaces and Technical Requirements: SDI will identify potential required or
desired interfaces or integration opportunities between the ERP system and other data
repositories. This helps ensure that an integration point or interface is not missed. Deliverable:
Interface/Technical Requirements
▪Document Data Conversion Requirements: SDI will meet with the Commission’s technical and
business subject matter experts to identify and document data migration and conversion
requirements, and will document the Commission’s desired data conversion and migration
requirements so that potential vendors can include the costs and approach for completing the
conversion in their proposals. Deliverable: Data Conversion Requirements
Phase 3 – RFP
▪Prepare Draft Request for Proposal: SDI will prepare a draft RFP for review by the project
stakeholders and other key staff. If the Commission has an existing preferred RFP template, SDI
will conduct a review and compare the Commission templates to SDI’s proven RFP template.
Deliverable: Draft Request for Proposal
▪Review Draft RFP with Stakeholders: SDI recommends that the draft RFP be distributed to the
project stakeholders and subject matter experts for careful review. After the staff has had the
opportunity to review the RFP, SDI will address any changes, questions, or concerns.
Deliverable: Final Request for Proposal
▪Identify and Notify Potential Bidders: SDI will compile a comprehensive list of public sector
solution vendors. SDI will review the listing with the Commission and assist the Commission in
creating a notification message that can be distributed via email. Deliverable: Vendor Listing
and Contact Information
▪Release RFP: SDI will assist the Commission in preparing for and releasing the RFP.
Phase 4 – Select
▪Address Vendor Questions: SDI will coordinate and assist the Commission in responding to
vendor questions arising from the release of the RFP. Deliverable: Vendor Question Responses
▪Prepare Evaluation Committee: SDI will work with the Commission to identify the evaluation
team and prepare an evaluator’s packet that includes a clear description of the steps to be
taken and direction for the evaluation methodology. The packet will also include a scoring
template to assist the evaluators in tabulating their results. Deliverable: Evaluation Scoring
Methodology and Matrix Template
▪Conduct Initial Screening of Proposals: SDI will conduct an initial screening of all proposals to
determine which vendors and proposals meet the mandatory RFP requirements and minimum
qualifications. SDI will present the results of our screening evaluation to the Commission. The
Commission can use this information as a guide to determine which proposals require further
detailed review. Deliverable: Initial Screening Results Presentation
▪Assist with Review and Scoring of Proposals: SDI will assist the evaluation team in its review
and rating of the proposals according to the evaluation criteria. In addition, SDI will review
EXHIBIT A - 2DRAFT33
Proposal to Riverside County Transportation Commission 3 | P a g e
Business Application Procurement and Implementation Consulting Services
proposals to identify issues, concerns, questions, or clarifications that should be addressed, will
provide this information to the evaluation team, and be available to the evaluators for
consultation. SDI will assist the Commission in arriving at a preliminary evaluation scoring
matrix that identifies a short list of preferred vendors. Deliverable: Evaluation Scoring Matrix
Summary
▪Prepare for Proof of Capabilities (POC) Meetings: SDI will develop the POC meeting agenda,
scenarios, and scripts for the Commission’s review. In addition, SDI will facilitate interaction
between the Commission and the vendors to help ensure the vendors are adequately prepared
to complete the POC. The POC provides valuable input into contract negotiations and helps
clarify risk areas for special consideration. Deliverable: POC Session Agenda and Scripts
▪Facilitate POC Meetings: SDI will facilitate the POC sessions to keep vendors on schedule and
ensure all POC scripts are completed. At the conclusion of each vendor POC session SDI will
facilitate a debrief meeting with the evaluators to capture feedback and update the evaluation
scoring matrix accordingly.
Phase 5 – Negotiate
▪Research Prior Vendor Agreements: SDI will seek out and review available agreements. The
review will include evaluating terms and conditions, pricing, payment terms, milestones, and
more. The information gathered will be compared to that which was submitted with the RFP
with the goal of identifying any gaps or more favorable terms and conditions.
▪Conduct Initial Agreement Review: SDI will perform a review and provide feedback of the
proposed agreements. Based on our experience, the Commission should expect multiple
agreements (i.e. software licensing, maintenance and support, professional services, 3rd party
software, etc.). SDI will provide the Commission guidance and assistance on the review to help
prepare for subsequent negotiations.
▪Facilitate Negotiation Workshop: SDI will facilitate a workshop with key Commission staff to
develop a negotiation strategy. The workshop will focus on outstanding issues and questions, as
well as areas of high risk that need to be addressed.
▪Assist in Negotiations: SDI will assist the Commission in preparing for negotiation meetings and
will attend to support the Commission staff. If the Commission desires, SDI is available to
facilitate the negotiation meetings. SDI will take the lead in recording the minutes from the
meetings to capture outstanding items, next steps, and critical dates. Deliverable: Agreement
Comments
▪Assist in Agreement Approval: SDI will be available to attend or participate in the Commission’s
presentation of the vendor agreements to Commission Council for approval.
Project Management – for business application implementation.
Data Conversion Assistance
▪Assist with Data Conversion: SDI will assist with data conversion for the budget and
timekeeping applications.
SDI will work with the PM and/or Stakeholder Team with regard to the assignment and scope of our
consulting services. Once a task has been assigned to SDI, we will report the status of our assignments
to the Project Manager. SDI will also provide a level of effort report, so that the Commission can
proactively manage the project budget.
EXHIBIT A - 3DRAFT34
Proposal to Riverside County Transportation Commission 4 | P a g e
Business Application Procurement and Implementation Consulting Services
Cost and Proposed SDI Resources
SDI recognizes that the Commission has a fixed budget to allocate for SDI services. In addition, SDI and
the Commission understand that the precise scope and level of effort for future activities can vary
significantly based on numerous factors, including Commission staff availability and expertise, as well
as vendor performance. For this reason, SDI commits to working with the Project Manager on a task-
by-task basis such that the Commission can apply the SDI resources in a timely manner and for the
highest priority needs. Working collaboratively with the Commission will help ensure that SDI
resources are used efficiently and that the project can be completed within budget.
SDI will provide consulting services on a time and material basis. Our hourly rate is $175 for the
Project Manager and $140 for the Business Analyst, which includes all overhead. For an estimated 9 to
12-month project, the not-to-exceed budget for SDI services will be $55,230 for the procurement,
$72,744 for PM Implementation and $7,840 for Data Conversion assistance. Additionally, SDI
recommends inclusion of a project contingency of 250 hours (10% of the total current contract hours)
for a subtotal of $43,750. The total amendment included herein is $179,564 based on the budget
below and rates identified. SDI estimates approximately 808 hours plus the 250 hours for contingency
over the course of the project.
Phase Resource Rate Hours Total Cost
Khang Nguyen, Business Analyst $140 6 $840
Mike Gomez, Project Manager/SME $175 5 $875
Subtotal 11 $1,715
Khang Nguyen, Business Analyst $140 40 $5,600
Mike Gomez, Project Manager/SME $175 40 $7,000
Subtotal 80 $12,600
Khang Nguyen, Business Analyst $140 15 $2,100
Mike Gomez, Project Manager/SME $175 27 $4,725
Subtotal 42 $6,825
Khang Nguyen, Business Analyst $140 57 $7,980
Mike Gomez, Project Manager/SME $175 86 $15,050
Subtotal 143 $23,030
Khang Nguyen, Business Analyst $140 24 $3,360
Mike Gomez, Project Manager/SME $175 44 $7,700
Subtotal 68 $11,060
Total 344 $55,230
Phase 5 - Negotiate
Table 1 - Project Cost by Phase and Resource
Phase 1 - Initiate
Phase 2 -
Requirements
Phase 3 - RFP
Phase 4 - Select
Khang Nguyen, Business Analyst $140 16 $2,240
Mike Gomez, Project Manager/SME $175 32 $5,600
Subtotal 48 $7,840
Data Conversion
Mike Gomez, Project Manager/SME $175 416 $72,744
Subtotal 416 $72,744Project Management
EXHIBIT A - 4DRAFT35
Proposal to Riverside County Transportation Commission 5 | P a g e
Business Application Procurement and Implementation Consulting Services
SDI will bill the Commission monthly based on actual hours worked.
SDI recommends extending the current contract through Decem ber 2023 to ensure adequate time to
implement Munis and procure and implement the business applications. SDI has reviewed the current
project budget and while no additional cost is planned for the Munis Implementation, we recommend
adding the contingency noted above for an unexpected occurrence.
For this amended project scope, SDI is proposing the use of the following consulting team to support
this project. Mr. Gomez will act as the Project Manager and primary consultant for the Commission
and has the ability to draw upon other SDI resources as needed and approved by the Commission.
The following consulting team is being proposed:
Ms. Greta Davis, Delivery Executive
Mr. Mike Gomez, Project Manager and Subject Matter Expert
Khang Nguyen, Business Analyst
We welcome the opportunity to provide these services to the Commission. Please do not hesitate to
contact me if you have any questions. I can be reached at 714-328-9954 or by email at
gdavis@sdipresence.com.
Sincerely,
Greta Davis
Delivery Executive
EXHIBIT A - 5DRAFT36
AGENDA ITEM 5E
Agenda Item 5E
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Anthony Parada, Senior Management Analyst
Jennifer Crosson, Toll Operations Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: 15 Express Lanes Administrative Review Hearing Officer Services Agreement
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION :
This item is for the Commission to:
1) Approve Agreement No. 21-31-011-00 with David Cyprien for 15 Express Lanes
administrative review hearing officer services for a five -year term in an amount not to
exceed $100,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement on behalf of the Commission.
BACKGROUND INFORMATION :
Toll revenue collection is vital to the success of the 15 Express Lanes. Enforcement of toll
violations is a critical component of toll revenue collections. In June 2019, the Commission
adopted Violation Ordinance No. 19-001 (Ordinance) setting forth the administrative procedures
and penalties for the processing of toll evasion violations for the express lanes. The
administrative procedures contained in the Ordinance are in strict adherence to the
requirements set forth in California Vehicle Code (CVC) Section 40250, et. seq .
The Ordinance, as required by the CVC, sets forth a process for toll evasion violations to be
contested and subsequently appealed through an administrative review hearing. The
administrative review hearing must be conducted by a reviewer who meets the requirements of
the CVC set forth as follows:
1. The administrative reviewer must be designated to conduct the reviews by the issuing
agency’s governing body or chief executive officer;
2. The administrative reviewer shall have no financial interest in the facility;
3. The administrative reviewer shall demonstrate those qualifications, training, and
objectivity prescribed by the issuing agency’s governing body or chief executive as are
37
Agenda Item 5E
necessary and which are consistent with the duties and responsibilities set forth in the
CVC; and
4. The examiner’s continued employment, performance evaluation, compensation, and
benefits shall not be directly or indirectly linked to the amount of fines collected by the
examiner.
To meet the requirements of the Ordinance and CVC, staff searched for candidates who met the
qualifications stated above through the California Public Parking Association (CPPA). CPPA
provides training and certification for parking citation hearing office rs throughout the state.
CPPA maintains a list of hearing officers with current certificates.
The Commission’s Procurement Policy Manual requires three quotes be obtained for professional
services agreements up to $250,000. Staff solicited proposals from ten officers who reside in
Southern California and received four responses. Interviews were conducted with the two
reviewers submitting the lowest hourly rate proposals to determine qualifications and ability to
respond to the Commission’s needs to conduct administrative review hearings. Staff determined
that David Cyprien submitted the most cost -effective proposal, meets the qualifications , and has
sufficient availability to respond to the Commission’s needs.
Mr. Cyprien maintains a current CPPA certificate, has over nine years of experience as a parking
citation hearing officer and two years as a toll evasion violation hearing officer. Mr. Cyprien
proposed the lowest rate and offered the most flexibility in terms of schedule availability. Staff
is familiar with Mr. Cyprien’s work as the administrative hearing officer for the 91 Express Lanes
and is confident that Mr. Cyprien will offer a fair and impartial hearing process for the
15 Express Lanes.
The proposed agreement with Mr. Cyprien provides for the scheduling of hearings as frequently
as needed and payment on a time and material basis, with a minimum payment to be provided
when the Commission transmits a batch of cases to Mr. Cyprien for administrative review. Staff
seeks a five -year term to allow for continuity in processes between the toll system provider and
the administrative reviewer. The five -year agreement amount of $100,000 provides for $20,000
in services each year. Hearings will be scheduled every three weeks to meet the time
requirements set forth in the CVC. Based on the required frequency for hearings and the number
of hearings currently performed for the 91 Express Lanes, it is estimated that hearing services
will cost approximately $20,000 a year.
Staff recommends the award of Agreement No. 21-31-011-00 to David Cyprien for administrative
review hearing officer services for a five -year term in an amount not to exceed $100,000.
The FY 2020/21 budget includes an amount for administrative review hearing officer services;
therefore, a budget adjustment is not required.
38
Agenda Item 5E
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2020/21
FY 2021/22+ Amount: $20,000
$80,000
Source of Funds: Toll Revenues Budget Adjustment: No
N/A
GL/Project Accounting No.: 001599 77114 00000 0000 515 31 73002
Fiscal Procedures Approved: Date: 10/12/2020
Attachment: Draft Agreement No. 21-31-011-00 with David Cyprien
Approved by the Western Riverside County Programs and Projects Committee on
October 26, 2020
In Favor: 10 Abstain: 0 No: 0
39
17336.02116\33195316.2
Agreement No. 21-31-011-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ADMINISTRATIVE REVIEW
HEARING OFFICER SERVICES
1. PARTIES AND DATE .
This Agreement is made and entered into this _ day of , 2020,
by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the
Commission") and David Cyprien , an individual ("Contractor").
2. RECITALS.
2.1 Contractor desires to perform and assume responsibility for the
provision of administrative review hearing officer services required by Commission on
the terms and conditions set forth in this Agreement. Contractor represents that he is
experienced in providing administrative review hearing officer services to public clients
in California, is familiar with the provisions of Vehicle Code section 40250, et. seq.,
possess a California Public Parking Association certification, and is familiar with the
requirements of Commission.
2.2 Contractor represents that he has those qualifications, training, and
objectivity as are necessary for performance of this Agreement, and as may be further
specified herein.
2.3 Commission desires to engage Contractor to render administrative
review hearing officer services for the 15 Express Lanes (the “Project”) as set forth
herein and as required by the Commission’s ordinance and California Vehicle Code
40250, et. seq.
3. T ERMS.
3.1 General Scope of Services. Contractor promises and agrees to
furnish to Commission all labor materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately provide administrative review hearing
officer services "Services". The Services are more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference. All Services shall be subject to,
and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state, and federal laws, rules
and regulations.
40
17336.02116\33195316.2 2
3.1.1 Independent Decision-making. Contractor shall provide
neutral, independent decision-making. Contractor’s continued employment,
performance evaluation, compensation, and benefits shall not be directly or indirectly
linked to the amount of fines collected by Contractor.
3.2 Term . The term of this Agreement shall be five (5) years
commencing on the date first specified above, unless earlier terminated as provided
herein. Contractor shall complete the Services within the term of this Agreement and
shall meet any other established schedules and deadlines.
3.3 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with any Schedule
of Services set forth in Exhibit "A" attached hereto and incorporated herein by
reference. Contractor represents that it has the prof essional and technical ability
required to perform the Services in conformance with such conditions.
3.4 Independent Contractor. The Services shall be performed by
Contractor. Contractor will determine the means, method and details of performing the
Services subject to the requirements of this Agreement. Commission retains Contractor
on an independent contractor basis and Contractor is not an employee of Commission.
Contractor retains the right to perform similar or different services for others during the
term of this Agreement.
3.5 Conformance to Applicable Requirements. All work and Services
performed by Contractor shall conform to the applicable requirements under this
Agreement.
3.6 Commission’s Representative. Commission hereby designates
Executive Director, or his or her designee, to act as its representative for the
performance of this Agreement ("Commission’s Representative"). Commission's
representative shall have the power to act on behalf of Commission for all purposes
under this Agreement. Contractor shall not accept direction from any person other than
Commission's Representative or his or her designee.
3.7 Standard of Care; Licenses. Contractor shall perform the Services
under this Agreement in a skillful and competent manner, consistent with the standard
generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement. Contractor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Contractor shall perform, at
his own cost and expense and without reimbursement from Commission, any Services
necessary to correct errors or omissions which are caused by the Contractor ’s failure to
comply with the standard of care provided f or herein, and shall be fully responsible to
the Commission for all damages and other liabilities provided for in the indemnification
provisions of this Agreement arising from the Contractor’s errors and omissions.
41
17336.02116\33195316.2 3
3.8 Laws and Regulations. Contractor shall keep himself fully informed
of and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to Commission, Contractor shall be solely responsible for
all costs arising therefrom. Contractor shall defend, indemnify and hold Commission, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.9 Insurance.
3.9.1 Time for Compliance. Contractor shall not commence work
under this Agreement until it has provided evidence satisfactory to the Commission that
it has secured all insurance required under this section, in a form and with insurance
companies acceptable to the Commission.
3.9.2 Minimum Requirements. Contractor shall, at his expense,
procure and maintain for the duration of the Agreement insurance against claims for
injuries to persons or damages to property which may arise from or in connection with
the performance of the Agreement by the Contractor , his agents, representatives, or
employees. Such insurance shall meet at least the following minimum levels of
coverage:
(A) Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability : Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001 or
exact equivalent); (2) Automobile Liability : Insurance Services Office Business Auto
Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers ’
Compensation and Employer’s Liability : Workers’ Compensation insurance as required
by the State of California and Employer ’s Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall
maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance
or other form with general aggregate limit is used, either the general aggregate limit
shall apply separately to this Agreement/location or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: $300,000 per accident for
bodily injury and property damage; and (3) if Contractor has employees, Workers ’
Compensation and Employer’s Liability: Workers’ Compensation limits as required by
the Labor Code of the State of California. Employer’s Practices Liability limits of
$1,000,000 per accident.
42
17336.02116\33195316.2 4
3.9.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms
approved by the Commission to add the following provisions to the insurance policies:
(A) General Liability .
(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal
Injury/advertising Injury; (3) premises/operations liability; (4) products/completed
operations liability; (5) aggregate limits that apply per Project; (6) explosion, collapse
and underground (UCX) exclusion deleted; (7) contractual liability with respect to this
Agreement; (8) broad form property damage; and (9) independent Contractors
c overage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for
claims or suits by one insured against another; or (3) contain any other exclusion
contrary to this Agreement.
(iii) The policy shall give the Commission, its
directors, officials, officers, employees, and agents insured status using ISO
endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact
same coverage.
(iv) The additional insured coverage under the
policy shall be primary.
(B) Automobile Liability . [Reserved.]
(C) Workers’ Compensation and Employers Liability
Coverage.
(i) Contractor certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer
to be insured against liability for workers’ compensation or to undertake self -insurance
in accordance with the provisions of that code, and he/she will comply with such
provisions before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against the Commission, its directors, officials, officers, employees and
agents for losses paid under the terms of the insurance policy which arise from work
performed by the Contractor.
(D) All Coverages.
(i) Defense costs shall be payable in addition to
the limits set forth hereunder.
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17336.02116\33195316.2 5
(ii) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. It shall
be a requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or
limits set forth herein shall be available to the Commission, its directors, officials,
officers, employees and agents as additional insureds under said policies. Furthermore,
the requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of
coverage of any insurance policy or proceeds available to the named insured;
whichever is greater.
(iii) The limits of insurance required in this
Agreement may be satisfied by a combination of primary and umbrella or excess
insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a
provision that such coverage shall also apply on a primary basis for the benefit of the
Commission (if agreed to in a written contract or agreement) before the Commission’s
own insurance or self -insurance shall be called upon to protect it as a named insured.
The umbrella/excess policy shall be provided on a “following form” basis with coverage
at least as broad as provided on the underlying policy(ies).
(iv) Contractor shall provide the Commission at
least thirty (30) days prior written notice of cancellation of any policy required by this
Agreement, except that the Contractor shall provide at least ten (10) days prior written
notice of cancellation of any such policy due to non-payment of premium. If any of the
required coverage is cancelled or expires during the term of this Agreement, the
Contractor shall deliver renewal certificate(s) including the General Liability Additional
Insured Endorsement to the Commission at least ten (10) days prior to the effective
date of cancellation or expiration.
(v) The retroactive date (if any) of each policy is to
be no later than the effective date of this Agreement. Contractor shall maintain such
coverage continuously for a period of at least three years after the completion of the
work under this Agreement. Contractor shall purchase a one (1) year extended
reporting period A) if the retroactive date is advanced past the effective date of this
Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by
another claims-made policy with a retroactive date subsequent to the effective date of
this Agreement.
(vi) The foregoing requirements as to the types
and limits of insurance coverage to be maintained by Contractor, and any approval of
said insurance by the Commission, is not intended to and shall not in any manner limit
or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to
this Agreement, including but not limited to, the provisions concerning indemnification.
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17336.02116\33195316.2 6
(vii) If at any time during the life of the Agreement,
any policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, Commission has the right but not the
duty to obtain the insurance it deems necessary and any premium paid by Commission
will be promptly reimbursed by Contractor or Commission will withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, Commission
may cancel this Agreement. The Commission may require the Contractor to provide
complete copies of all insurance policies in effect for the duration of the Project.
(viii) Neither the Commission nor any of its
directors, officials, officers, employees or agents shall be personally responsible for any
liability arising under or by virtue of this Agreement.
Each insurance policy required by this Agreement
shall be endorsed to state that:
3.9.4 Deductibles and Self -Insurance Retentions. Any deductibles
or self -insured retentions must be declared to and approved by the Commission.
3.9.5 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the Commission.
3.9.6 Verification of Coverage. Contractor shall furnish
Commission with original certificates of insurance and endorsements effecting coverage
required by this Agreement on forms satisfactory to the Commission. The certificates
and endorsements for each insurance policy shall be signed by a person authorized by
that insurer to bind coverage on its behalf. All certificates and endorsements must be
received and approved by the Commission before work commences. The Commission
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
3.10 Fees and Payment.
3.10.1 Compensation. Contractor shall receive compensation,
including authorized reimbursements, for all Services rendered under this Agreement at
the rates set forth in Exhibit "A" attached hereto. The total compensation shall not
exceed One Hundred Thousand Dollars ($100,000) without written approval of
Commission's Executive Director (“Total Compensation”).
3.10.2 Payment of Compensation. Contractor shall submit to
Commission a monthly statement which indicates the cases completed and respective
hours of Services rendered by Contractor. The statement shall include the number of
hours of Services provided since the initial commencement date, or since the start of
the subsequent billing periods, as appropriate, through the date of the statement.
Commission shall, within 45 days of receiving such statement, review the statement and
45
17336.02116\33195316.2 7
pay all approved charges thereon.
3.10.3 Reimbursement for Expenses. Contractor shall not be
reimbursed for any expenses unless authorized in writing by Commission.
3.11 Accounting Records. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred and fees charged
under this Agreement. All such records shall be clearly identifiable. Contractor shall
allow a representative of Commission during normal business hours to examine, audit,
and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.12 Termination of Agreement.
3.12.1 Grounds for Termination. Commission may, by written
notice to Contractor, terminate the whole or any part of this Agreem ent at any time and
without cause by giving written notice to Contractor of such termination, and specifying
the effective date thereof. Upon termination, Contractor shall be compensated only for
those services which have been fully and adequately rendered to Commission through
the effective date of the termination, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause.
3.12.2 Effect of Termination. If this Agreement is terminated as
provided herein, Commission may require Contractor to provide all finished or
unfinished Documents and Data, as defined below, and other information of any kind
prepared by Contractor in connection with the performance of Services under this
Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.12.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, Commission may procure, upon such
terms and in such manner as it may determine appropriate, services similar to those
terminated.
3.13 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
46
17336.02116\33195316.2 8
CONTRACTOR: COMMISSION :
David Cyprien Riverside County
2454 Paseo de Toronto Transportation Commission
Yorba Linda, CA 92887 4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Attn: Executive Director
Such notice shall be deemed made when personally delivered or when
mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid
and addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.14 Ownership of Materials/Confidentiality .
3.14.1 Documents & Data. This Agreement creates an exclusive
and perpetual license for Commission to copy or use any and all copyrights embodied in
materials, data and other documents or works of authorship fixed in any tangible
medium of expression, which are prepared or caused to be prepared by Contractor
under this Agreement (“Documents & Data”).
3.17.2 Intellectual Property. In addition, Commission shall have
and retain all right, title and interest (including copyright and other proprietary rights) in
all documents, and any and all works of authorship fixed in any tangible medium or
expression (“Intellectual Property ”) prepared by Contractor under this Agreement.
3.15.3 Confidentiality . All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Contractor
in connection with the performance of this Agreement shall be held confidential by
Contractor . Such materials shall not, without the prior written consent of Commission,
be used by Contractor for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project.
Personally identifiable information of any person who subscribes to
an electronic toll system or who uses a toll bridge, toll lane, or toll highway that employs
an electronic toll collection system (“PII”) provided to Contractor for purposes of the
Services is subject to confidentiality requirements under Streets & Highways Code
section 31490 (“Section 31490”). Disclosure of PII is a violation of Section 31490
subject to damages. Contractor shall defend, indemnify and hold Commission, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with Section 31490.
Nothing furnished to Contractor which is otherwise known to
Contractor or is generally known, or has become known, to the related industry shall be
47
17336.02116\33195316.2 9
deemed confidential. Contractor shall not use Commission's name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in
any magazine, trade paper, newspaper, television or radio production or other similar
medium without the prior written consent of Com mission.
3.16 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.17 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and costs of such actions.
3.18 Indemnification. Contractor shall defend, indemnify and hold the
Commission, its directors, officials, officers, agents, Contractors, employees and
volunteers free and harmless from any and all claims, demands, causes of action,
costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any
alleged negligent acts, omissions or willful misconduct of the Contractor, his employees,
agents or subcontractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation, the payment of all
consequential damages, attorneys fees and other related costs and expenses.
Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against the Commission, its directors, officials, officers, agents, Contractors,
employees and volunteers. Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against the Commission or its directors, officials, officers,
agents, Contractors, employees and volunteers, in any such suit, action or other legal
proceeding. Contractor shall reimburse the Commission and its directors, officials,
officers, agents, Contractors, employees and volunteers, for any and all legal expenses
and costs, including reasonable attorney ’s fees, incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor ’s obligation to
indemnity shall not be restricted to insurance proceeds, if any, received by the
Commission or its directors, officials, officers, agents, Contractors, employees and
volunteers.
3.19 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be
supplemented, amended, or modified by a writing signed by both parties.
3.20 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Riverside County.
48
17336.02116\33195316.2 10
3.21 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.22 Commission's Right to Employ Other Contractors. The
Commission reserves the right to employ other Contractor s in connection with this
Project.
3.23 Prohibited Interests and Conflicts.
3.23.1 Solicitation. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, Commission shall
have the right to rescind this Agreement without liability.
3.23.2 Conflict of Interest.
(A) For the term of this Agreement, no member, officer or
employee of Commission, during the term of his or her service with Commission, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
(B) Contractor represents and warrants that Contractor has no
financial interest in the I-15 Express Lanes.
3.23.3 Conflict of Employment. Employment by the Contractor of
personnel currently on the payroll of the Commission shall not be permitted in the
performance of this Agreement, even though such employment may occur outside of
the employee’s regular working hours or on weekends, holidays or vacation time.
Further, the employment by the Contractor of personnel who have been on the
Commission payroll within one year prior to the date of execution of this Agreement,
where this employment is caused by and or dependent upon the Contractor securing
this or related Agreements with the Commission, is prohibited.
3.23.4 Employment Adverse to the Commission. Contractor shall
notify the Commission, and shall obtain the Commission’s written consent, prior to
accepting work to assist with or participate in a third-party lawsuit or other legal or
administrative proceeding against the Commission during the term of this Agreement.
3.24 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any employee or
applicant for employ ment because of race, religion, color, national origin, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related
49
17336.02116\33195316.2 11
to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Contractor shall also comply with all relevant provi-
sions of Commission's Disadvantaged Business Enterprise program, Affirmative Action
Plan or other related Commission programs or guidelines currently in effect or
hereinafter enacted.
3.25 Subcontracting. Contractor shall not subcontract any portion of the
work or Services required by this Agreement.
3.26 No Waiver. Failure of Commission to insist on any one occasion
upon strict compliance with any of the terms, covenants or conditions hereof shall not
be deemed a waiver of such term, covenant or condition, nor shall any waiver or
relinquishment of any rights or powers hereunder at any one time or more times be
deemed a waiver or relinquishment of such other right or power at any other time or
times.
3.27 Subpoenas or Court Orders. Should Contractor receive a
subpoena or court order related to this Agreement, the Services or the Project,
Contractor shall immediately provide written notice of the subpoena or court order to the
Commission. Contractor shall not respond to any such subpoena or court order until
notice to the Commission is provided as required herein, and shall cooperate with the
Commission in responding to the subpoena or court order. Contractor shall be entitled
to reimbursement for Contractor’s actual costs incurred in responding to any such
subpoena or court order, provided that Contractor has complied with this provision, and
that an amendment to this Agreement has been executed, if required by Commission, to
authorize such additional costs.
3.28 Survival. All rights and obligations hereunder that by their nature
are to continue after any expiration or termination of this Agreement, including, but not
limited to, the indemnification and confidentiality obligations, and the obligations related
to receipt of subpoenas or court orders, shall survive any such expiration or termination.
3.29 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.30 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.31 Electronic Transmission; Electronic Signatures. A manually signed
copy of this Agreement which is transmitted by facsimile, email or other means of
electronic transmission shall be deemed to have the same legal effect as delivery of an
original executed copy of this Agreement for all purposes. This Agreement may be
signed using an electronic signature.
3.32 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
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17336.02116\33195316.2 12
3.33 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and ef fect.
3.34 Conflicting Provisions. In the event that provisions of any attached
exhibits conflict in any way with the provisions set forth in this Agreement, the language,
terms and conditions contained in this Agreement shall control the actions and
obligations of the Parties and the interpretation of the Parties’ understanding concerning
the performance of the Services.
3.35 Headings. Article and Section Headings, paragraph captions or
marginal headings contained in this Agreement are for convenience only and shall have
no effect in the construction or interpretation of any provision herein.
3.36 Assignment or Transfer. Contractor shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein.
Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.37 Authority to Enter Agreement. Contractor has all requisite pow er
and authority to conduct his business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
[SIGNATURES ON FOLLOWING PAGE]
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17336.02116\33195316.2 13
SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ADMINISTRATIVE REVIEW HEARING OFFICER SERVICES
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY CONTRACTOR
TRANSPORTATION COMMISSION DAVID CYPRIEN
By: _________________________ By: ____________________________
Anne Mayer
Executive Director
Approved as to Form:
By: ____________________________
Best Best & Krieger LLP
General Counsel
52
17336.02116\33195316.2 A-1
EXHIBIT "A"
SCOPE/COMPENSATION OF SERVICES
Contractor shall provide on-call administrative hearing services for the Commission for
Commission operated Express Lanes to achieve an independent decision for contested
violations. Hearings will be held in person, by video conference, or by mail/in writing.
Services may include but not be limited to:
• Application of the California Vehicle Code regarding toll evasion violations
notices.
• Adjudicate informal hearings in an ethical and professional manner.
• Conduct the review in accordance with the written procedure established by the
Commission which are intended to ensure fair and impartial review of contested
toll evasion violations.
• Ensure hearing procedures are adhered to in an ethical and professional
manner.
• Communicate clearly, concisely, and effectively, orally and in writing.
• Evaluate and analyze information and evidence provided and determine its
relevance in the hearing.
• Impartially consider information and evidence provided and determine facts.
• Provide a written decision within 72 hours of the scheduled hearing date detailing
the reasons for the decision based solely upon evidence and information
presented at the hearing.
• Provide video conference platform to conduct hearings.
Commission will provide a room at 301 Corporate Terrace, Corona, CA for in person
hearings. Contractor shall provide all other materials and equipment needed to conduct
the hearings by all methods. Hearings will be conducted during Commission’s regular
business hours and at a date and time mutually agreed upon by Contractor and
Commission.
Contractor shall work with Commission staff and/or its contractor to establish scheduling
procedures and method of delivery of case documents to Contractor.
Contractor will provide services only at the request of the Commission’s Toll
Department or by authorized contracted staff.
Contractor shall comply with all relevant conflict of interest disclosure requirements and
maintain the highest ethical standards both, publicly and privately, inc luding the
avoidance of conflicts of interest.
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17336.02116\33195316.2 A-2
COMPENSATION
The Commission intends to electronically or physically deliver one or more cases per
month to Contractor. Each month’s delivery is referred to as a “batch of cases”,
regardless of the number of cases delivered per month.
Hourly rate of $100 per hour, with a minimum of $200 for each batch of cases delivered
to Contractor. There is no compensation when no cases are delivered to Contractor.
The minimum fee per batch of cases includes compensation for Contractor to be
available for at least one day per month to conduct hearings on a date agreed upon by
Contractor and the Commission. The batch of cases shall be delivered to Contractor at
least seven (7) calendar days prior to the scheduled hearing date.
54
AGENDA ITEM 5F
Agenda Item 5F
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Hector Casillas , Acting Right of Way Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Request to Declare Real Property as Surplus
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION :
This item is for the Commission to:
1) Declare as surplus the real properties in the cities of Riverside, Perris, Hemet, and San
Jacinto, as specifically identified in this report and attachments;
2) Authorize the Executive Director to notify public agencies pursuant to California
Government Code (Government Code) Section 54220 et.seq the p roperties are available;
and
3) A uthorize the Executive Director to offer the surplus properties for sale to the public
should no response be received.
BACKGROUND INFORMATION :
Staff completed a review of the Commission’s real property inventory and determined it would
be in the Commission’s best interest to declare four parcels as surplus and offer them for sale.
The parcels proposed to be declared as surplus are owned in fee-simple by the Commission.
These parcels were acquired as part of the 60/91/215 interchange project and the San Jacinto
Branch Line purchase.
Process
After being declared surplus, staff will follow the Commission’s right of way policies and
procedures, state laws, and any applicable funding requirements to dispose of the properties .
Pursuant to the Government Code Section 54220, et.seq., letters will be prepared notifying the
appropriate public agencies and any other qualifying entities of the Commission’s decision to
declare the properties surplus, unless an exemption to the government code applies. If
interested, the public agency(s) shall notify the Commission in writing of its intent to purchase or
lease the land within 60 days after receipt of the Commission’s notification of intent to sell the
55
Agenda Item 5F
land. If no public agency expresses interest in the parcels, the parcels will then be offered for
sale to the public.
In certain circumstances, when a parcel is identified as “exempt,” the 60-day notification
requirements do not apply, as defined by the Government Code .
Staff will obtain an appraisal for all the surplus properties to determine the current fair market
value . Typically, surplus property is advertised for sale, utilizing the Commission’s website, online
publications, and signage on the property. A n invitation for bids will be added to the Available
Properties section of the Commission’s website, and a defined submittal date will be provided.
Staff will review the offers received based on the following criteria:
1) Price; and
2) Terms and conditions of sale.
All applicants will be required to complete the Commission ’s Conflict of Interest form.
Staff will return to the Commission for approval before entering into a purchase and sale
agreement.
Properties
During the real property inventory exercise , staff identified a total of four parcels for declaration
of surplus located in the cities of Rive rside, Perris, Hemet, and San Jacinto. Detailed property
descriptions and aerial exhibits are included in the agenda item.
The property in the city of Riverside is located near Orange Street and the 60/91/215 interchange
and is 18,065 square feet in size. In 2013 the Commission declared the majority of the 60/91/215
interchange project properties surplus with the exception of two areas , a 1.48-acre area and a
3.04-acre area bisected by a flood control channel, for a future connector between SR-60 and
SR-91 in the city of Riverside as identified in a project study report from the late 1990’s .
Currently, the Commission and Caltrans do not have plans to construct the connector. After
careful consideration and interest from the contiguous property owner, Mr. Jim Guthrie, to
develop a 18,065 square foot portion from the larger 3.04-acre parcel, staff is recommending a
18,065 square foot portion be declared surplus. Doing so would reduce the parcel to
approximately 2.63 acres in size and will allow the Commission to reserv e enough right of way in
the event there is a need for the connector in the distant future .
The property in the city of Perris is located near D Street and San Jacinto Ave and is 43,671 square
feet in land area. The property is improved with the Perris Senior Center and Banta Beatty Park,
owned by the city. Commission staff has been in negotiations with the city to transfer the
property to the city. Therefore this qualifies as an exempt surplus parcel under the government
code since the transfer of the property is to another public entity, the city of Perris. The
exemption also allows the Commission to waive the 60-day notice requirement to public
agencies.
56
Agenda Item 5F
The remaining two properties are part of a former railroad “wye” in the cities of Hemet and San
Jacinto. Both properties are located near S. State Street and W. Esplanade Ave. The first is in the
city of Hemet and is 18,947 square feet in size. The second is in the city of San Jacinto and is
20,615 square feet in size.
The four parcels are no longer necessary by the Commission. Staff requests the Commission
declare the parcels in the following table as surplus property and authorize the Executive Director
to offer the surplus property for sale. The proceeds from the sales of these properties have not
been included in the FY 2020/2021 budget; a budget adjustment is not required for potential
revenues.
Information regarding the surplus property is detailed in the following table:
Parcel Location APN Square
Feet
Acres Zoning
1 60/91/215 I/C
City of Riverside
209-070-016 18,065 0.41 Commercial
2 N/O San Jacinto
Avenue
City of Perris
N/A: Please See
Legal and Plat
(Portion)
43,671 1.00 Residential
3 W/O State Street
City of Hemet
439-022-018
18,947 0.43 Commercial
4 E/O State Street
City of San
Jacinto
439-070-065
(Portion)
20,615 0.47 Commercial
Total 101,298 2.31
Financial Information
In Fiscal Year Budget: No Year: FY 2020/2021 Amount: Undetermined
Source of Funds: Property sale proceeds Budget Adjustment: No
GL/Project Accounting No.: 652402 416 41608 0000 265 33 41204 (Rail properties)
003999 416 41608 0000 222 31 41204 (Highway properties)
Fiscal Procedures Approved: Date: 10/15/2020
Attachments:
1) Legal Description and Plat Maps
2) Aerial Exhibits
57
Agenda Item 5F
Approved by the Western Riverside County Programs and Projects Committee on
October 26, 2020
In Favor: 10 Abstain: 0 No: 0
58
EXHIBIT “A”
LEGAL DESCRIPTION
IN THE CITY OF RIVERSIDE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA:
THOSE PORTIONS OF LOTS 51 AND 52 OF THE LANDS OF THE SOUTHERN CALIFORNIA COLONY
ASSOCIATION, AS SHOWN BY MAP FILED IN BOOK 7, PAGE 3 OF MAPS, RECORDS OF SAN BERNARDINO
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF ORANGE STREET, SAID LINE
BEING PARALLEL WITH AND 35.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF SAID STREET PER MAP
FILED IN BOOK 83, PAGES 94 THROUGH 97, INCLUSIVE OF RECORDS OF SURVEY, RECORDS OF
RIVERSIDE COUNTY, AND THE NORTHEASTERLY LINE OF STATE ROUTE 60 AS SHOWN ON SAID RECORD
OF SURVEY, THE INTERSECTION POINT BEING DESCRIBED AS THE MOST WESTERLY CORNER OF VISTA
STREET PER CITY OF RIVERSIDE RESOLUTION NO. 17672, RECORDED FEBRUARY 23, 1995 AS
INSTRUMENT NO. 056345 OF OFFICIAL RECORDS;
THENCE SOUTH 74°16'27" EAST, ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 79.14 FEET TO AN
ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE, SOUTH 55°38'39" EAST, A DISTANCE OF
512.58 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE, SOUTH 64°43'40" EAST, A DISTANCE OF
132.08 FEET TO A “1 INCH IRON PIPE WITH TAG, RCE 21740” PER SAID RECORD OF SURVEY;
THENCE NORTH 77°07'08" EAST, ON A DIRECT LINE BETWEEN SAID 1 INCH IRON PIPE AND THE MOST
WESTERLY CORNER OF PARCEL 17754-01-01 PER RIGHT OF WAY MAP NO. 67308-02 ON FILE AT THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION, DISTRICT 8 OFFICE, A DISTANCE OF 722.82 FEET;
THENCE SOUTH 32°33'52" EAST, A DISTANCE OF 11.67 FEET TO THE NORTHWESTERLY PROLONGATION
OF THE SOUTHWESTERLY LINE OF CHARLES STREET (VACATED) DESCRIBED IN DOCUMENT RECORDED
OCTOBER 3, 1929 IN BOOK 827, PAGE 564 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, AND THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 32°33'52" EAST, A DISTANCE OF 67.81 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY, SAID CURVE HAS A RADIUS OF 221.50 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°38'48", AN ARC
LENGTH OF 106.88 FEET;
PAGE 1 of 2
Parcel 1: City of Riverside
ATTACHMENT 1
59
PAGE 2 of 2
THENCE TANGENT TO LAST SAID CURVE, SOUTH 60°12'40" EAST, 96.85 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 375.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°52'41", AN ARC LENGTH OF
189.01 FEET;
THENCE NON-TANGENT TO LAST SAID CURVE, SOUTH 3°56'26" WEST, 4.95 FEET TO THE MOST
WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS SEGMENT “D” PER MAP OF
RELINQUISHMENT FILED IN BOOK 3, PAGE 5 OF STATE HIGHWAY MAPS, RECORDS OF RIVERSIDE
COUNTY;
THENCE NORTH 29°51’10” EAST ALONG THE NORTHWESTERLY LINE OF SAID SEGMENT “D”, A DISTANCE
OF 8.00 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN 7.00 FOOT WIDE STRIP DESCRIBED IN
DOCUMENT RECORDED OCTOBER 4, 1963 AS INSTRUMENT NO. 105188, IN BOOK 3503, PAGE 148 OF
OFFICIAL RECORDS;
THENCE NORTH 60°15’55” WEST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 145.84 FEET TO
AN ANGLE POINT THEREIN;
THENCE NORTH 29°43’35” EAST ALONG THE NORTHWESTERLY LINE THEREOF, A DISTANCE OF 7.00 FEET
TO SAID SOUTHWESTERLY LINE OF CHARLES STREET;
THENCE NORTH 60°15’55” WEST ALONG SAID SOUTHWESTERLY LINE AND THE NORTHWESTERLY
PROLONGATION THEREOF, A DISTANCE OF 297.12 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 18,065 SQUARE FEET, MORE OR LESS.
PREPARED BY ME OR UNDER MY DIRECTION
MITCHELL JAY ADKISON, PLS 8936
60
LOT 51
RS 83/94-97
RS 83 / 94-97
LOT 53
LOT 61
LOT 52
LOT 62
LOT 63
RS 83 / 94-97
RS 83 / 94-97
SO. CALIFORNIA
COLONY ASSOC.
MB 7 / 3 S.B.CO.
61
LOT 52LOT 51SO. CALIFORNIACOLONY ASSOC.MB 7 / 3 S.B.CO.RS 83 / 94-97
LOT 51SO. CALIFORNIACOLONY ASSOC.MB 7 / 3 S.B.CO.LOT 52
SO. CALIFORNIA
COLONY ASSOC.
MB 7 / 3 S.B.CO.
RS 83 / 94-97
62
Parcel 2: City of Perris
63
64
65
66
Parcel 3:City of Hemet
67
68
69
Parcel 4:City of San Jacinto
70
71
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1
This map was created using the best data available at the time
of production. Epic LandSolutions Inc. assumes no responsibility
for the accuracy of third party information.This map is intended
for data visualization only andshould not serve as the basis for
any legal action or be used for engineering purposes.
Epic Land Solutions, Inc.
RCTC Excess Land Map Map Version 3 Date: 10/12/2020 Document Path: D:\OneDrive - Epic Land Solutions Inc\GIS\Projects\RCTC\Excess Land Sales\Mapping\RCTC_ExcessLand.mxd²RCTC Property
Excess Land
0 80 160 240 32040
Feet
Page 1 of 3
ATTACHMENT 2
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2
This map was created using the best data available at the time
of production. Epic LandSolutions Inc. assumes no responsibility
for the accuracy of third party information.This map is intended
for data visualization only andshould not serve as the basis for
any legal action or be used for engineering purposes.
Epic Land Solutions, Inc.
RCTC Excess Land Map Map Version 3 Date: 10/12/2020 Document Path: D:\OneDrive - Epic Land Solutions Inc\GIS\Projects\RCTC\Excess Land Sales\Mapping\RCTC_ExcessLand.mxd²RCTC Property
Excess Land
0 50 100 150 20025
Feet
Page 2 of 3
74
4
3
This map was created using the best data available at the time
of production. Epic LandSolutions Inc. assumes no responsibility
for the accuracy of third party information.This map is intended
for data visualization only andshould not serve as the basis for
any legal action or be used for engineering purposes.
Epic Land Solutions, Inc.
RCTC Excess Land Map Map Version 3 Date: 10/12/2020 Document Path: D:\OneDrive - Epic Land Solutions Inc\GIS\Projects\RCTC\Excess Land Sales\Mapping\RCTC_ExcessLand.mxd²RCTC Property
Excess Land
0 100 200 300 40050
Feet
Page 3 of 3
75
AGENDA ITEM 5G
Agenda Item 5G
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM:
Western Riverside County Programs and Projects Committee
Michelle McCamish, Senior Management Analyst
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Agreements with the California Department of Transportation for State
Funding and Senate Bill 1 Funding for the Operation of the Freeway Service
Patrol Program in Riverside County
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION :
This item is for the Commission to:
1) Approve Agreement No. 21-45-017-00 with the California Department of Transportation
(Caltrans) to provide state funding for FY 2020/21 for the operation of the Riverside
County Freeway Service Patrol (FSP) program in an amount not to exceed $1,696,153;
2) Approve Agreement No. 21-45-016-00 with Caltrans to provide Senate Bill (SB) 1 funding
for FY 2020/21 for the operation of the Riverside County FSP program in an amount not
to exceed $1,412,787;
3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreements on behalf of the Commission; and
4) Adopt Resolution No. 20-015, “A Resolution of the Riverside County Transportation
Commission Authorizing Certain Officials to Execute Agreements with Caltrans for
Freeway Service Patrol Program Funding.”
BACKGROUND INFORMATION :
In 1986, the Commission established itself as the Riverside County Service Authority for Freeway
Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose of the formation of
SAFEs in California was to provide call box services and, with excess funds, provide additional
motorist aid services. Funding for RC SAFE is derived from a one dollar per vehicle registration
fee on vehicles registered in Riverside County. Initially, these funds were used only for the call
box program. As additional motorist aid services were developed, SAFE funds were also used to
provide FSP and the Inland Empire 511 traveler information services as part of a comprehensive
motorist aid system in Riverside County.
In 1990, Proposition C was passed to fund transportation improvements and to help reduce
traffic congestion in California. From this, the FSP program was created by Caltrans, which
76
Agenda Item 5G
developed the corresponding local funding allocation plan to distribute funds to participating
jurisdictions through a formula based on population, urban freeway lane miles, and levels of
congestion.
The Commission, acting in its capacity as the RC SA FE, is the principal agency in Riverside County,
in partnership with Caltrans and the California Highway Patrol (CHP), managing the FSP program.
The purpose of the FSP program is to provide a continuously roving tow services patrol along
designated freeway segments (referred to as beats) to relieve freeway congestion and facilitate
the rapid removal of disabled vehicles and those involved in minor accidents on local freeways.
In April 2017, the California Legislature passed and Governor signed SB 1 which included
additional funding for FSP. In March 2018, Caltrans released the SB 1 FSP funding guidelines
which allocated $25 million for FSP statewide to participating jurisdictions based on the existing
formula, resulting in $1,390,286 for Riverside County for FY 2018/19 and $1,464,524 for
FY 2019/20. Per the guidelines, this allocation is to be applied to :
a) CHP costs for FSP oversight and supervision,
b) inflation and hour adjustments to baseline service, and
c) new or expanded FSP service.
The Commission’s FSP program is a popular service amongst motorists in Riverside County and
has consistently demonstrated a very high benefit to cost score statewide. Currently, the
Commission contracts with three tow truck operators to provide service during peak commute
hours across 165 centerline miles on 12 beats.
DISCUSSION:
State Allocation for Baseline Service
The Caltrans funding agreement for FY 2020/21 in the amount of $1,696,153 provides for
continued state funding of the baseline FSP program, which includes nine beats (1, 2, 4, 7, 8, 18,
19, 25, and 26) as shown in Figure 1. Caltrans funding agreements are reimbursement-based and
allow for carryover of contract balances not expended in the agreement’s stated fiscal year. This
allows the Commission to fully expend allocated amounts.
77
Agenda Item 5G
Figure 1: Baseline Freeway Service Patrol Beats Map
SB 1 Funding for Expanded Service
The previous allocations of SB 1 FSP funds expanded and continued coverage into southern
Riverside County. The projected benefit cost for this expansion scored above the minimum
benefit cost threshold (3.0). In September 2018, the Commission launched three new beats (20,
34, and 35) as shown in Figure 2—expanding FSP as far south as the I-15/SR-79 South interchange
and benefitting commuters traveling from and through Lake Elsinore, Wildomar, Menifee,
Murrieta, and Temecula.
The SB1 allocation for FY 2020/21 in the amount of $1,412,787 provides funding to continue the
new service in southern Riverside County, midday and weekend service on SR-91, as well as
supplement inflation costs in the baseline service.
Figure 2 : South County Beats Map
78
Agenda Item 5G
Since inception in September 2018 through June 2020, the three new south county beats
provided 21,495 assists. In FY 2019/2020, these new beats provided 13,602 assists (Figure 3). As
such, the south county beats make up about 28 percent of total FSP assists in the whole county
(Figure 4). Since inception, the south county beats have scored an average estimated benefit
cost of twice the minimu m threshold.
Figure 3: Total South County Assists
In FY 2019/20, total assists for all 12 beats through June 30, 2020 were 49,051, up from 44,607
in FY 2018/19 (Figure 4).
Figure 4: Total All Beats Assists
79
Agenda Item 5G
Future year funding for baseline and SB 1 service will be calculated by a state -defined formula
each fiscal year and will be available for reimbursement to the Commission for up to three fiscal
years . Funding amounts are predictable and stable. Actual anticipated baseline and SB1 funding
for future years will be presented to the Commission annually as part of the annual budget
approval process. A history of funding for FSP from FY 2009/10 through FY 2020/21 is shown in
Attachment 1. The Commission will fund the required local match for both allocations with RC
SAFE revenues. As with prior funding agreements, any state or SB1 funds not claimed in the
current fiscal year will be carried over and claimed in the next fiscal year.
Executive Director Authority
To access the state funding outlined above, Caltrans requires routine administrative agreements
between the Commission and Caltrans each fiscal year. Staff has traditionally brought such
agreements to the Commission for approval every year; however, staff recommends that the
Commission adopt Resolution No. 20-015 authorizing the Executive Director to negotiate and
execute Caltrans funding agreements for FSP each year. This delegation of authority will expedite
and streamline execution of Caltrans agreements and the Commission’s receipt of state
reimbursement funds. This will also reduce administrative costs and time for the Commission on
an annual basis. The Commission will retain authority for approval of FSP contracts with tow
operators and budgeting of funds for FSP during the annual budget process. The Board of
Directors of the Orange County Transportation Authority (OCTA) has recently delegated authority
to its Chief Executive Officer to execute FSP funding agreements with Caltrans.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2020/21
FY 2021/22 Amount: $ 3,000,000
$ 108,940
Source of Funds: State allocations and SB 1 funding Budget Adjustment: No
N/A
GL/Project Accounting No.: 002173 415 41510 201 45 41501
002173 415 41508 201 45 41505
Fiscal Procedures Approved: Date: 10/12/2020
Attachments:
1) Caltrans Freeway Service Patrol Funding FY 2009/10 to FY 2020/21
2) Caltrans FSP Fund Transfer Agreement FY 2020/21
3) Caltrans SB 1 FSP Fund Transfer Agreement FY 2020/21
4) Resolution No. 20-015
80
Agenda Item 5G
Approved by the Western Riverside County Programs and Projects Committee on
October 26, 2020
In Favor: 10 Abstain: 0 No: 0
81
California Department of Transportation Freeway Service Patrol Funding
Fiscal Year 2009/10 to Fiscal Year 2020‐21
Caltrans Allocation*
Fiscal
Year (FY) State Funding
Senate Bill 1
(SB1)
Funding
Total
Caltrans
Funding
Match
Requirement
Actual Freeway
Service Patrol
Cost
Actual RCTC
Match
RCTC
Match %
2009/10 $1,657,171 $1,657,171 $414,293 $2,379,426 $722,255 44%
2010/11 $1,577,721 $1,577,721 $394,431 $2,519,696 $941,975 60%
2011/12 $1,653,564 $1,653,564 $413,392 $2,574,245 $920,681 56%
2012/13 $1,606,567 $1,606,567 $401,642 $2,621,807 $1,015,240 63%
2013/14 $1,557,104 $1,557,104 $389,276 $2,789,495 $1,232,391 79%
2014/15 $1,635,846 $1,635,846 $408,962 $3,421,935 $1,786,089 109%
2015/16 $1,559,523 $1,559,523 $399,881 $3,614,873 $2,055,350 132%
2016/17 $1,648,178 $1,648,178 $412,045 $3,533,167 $1,884,989 114%
2017/18 $1,613,144 $1,656,973 $3,270,117 $756,853 $3,241,816 -$28,301 -1% **
2018/19 $1,591,464 $1,390,287 $2,981,751 $745,439 $3,924,046 $942,295 32%
2019/20 $1,702,145 $1,464,524 $3,166,669 $791,667 $4,208,360 $1,041,691 33%
2020/21 $1,696,153 $1,412,787 $3,108,940 $777,235 TBD TBD TBD
*Caltrans and SB1 funds are available for use over three Fiscal Years. Actual allocation amounts are determined by formula each year.
** 17/18 SB1 funding agreement wasn't executed until the following fiscal year on 9/2018
ATTACHMENT 1 FSP Caltrans Fund Transfer Agreements History
ATTACHMENT 1
82
FSP AgreementPage 1 of 6
Agreement No. FSP21-6054(100)Location: 08-RIV-0-RCTC
Project No. FSP21-6054(100)AMS Adv ID:0821000003
THIS AGREEMENT, effective on July 1, 2020, is between the State of California, acting by and
through the Department of Transportation, hereinafter referred to as STATE, and the Riverside
County Transportation Commission, a public agency, hereinafter referred to as "ADMINISTERING
AGENCY".
WHEREAS, Streets and Highways Code (S&HC) Section 2560 et seq., authorizes STATE and
administering agencies to develop and implement a Freeway Service Patrol (FSP) program on
traffic-congested urban freeways throughout the state; and
WHEREAS, STATE has distributed available State Highway Account funds to administering
agencies participating in the FSP Program in accordance with S&HC Section 2562; and
WHEREAS, ADMINISTERING AGENCY has applied to STATE and has been selected to receive
funds from the FSP Program for the purpose of Freeway Service Patrol, hereinafter referred to as
"PROJECT"; and
WHEREAS, proposed PROJECT funding is as follows:
Total Cost State Funds Local Funds
$2,120,191.00 $1,696,153.00 $424,038.00 ; and
WHEREAS, STATE is required to enter into an agreement with ADMINISTERING AGENCY to
delineate the respective responsibilities of the parties relative to prosecution of said PROJECT;
and
WHEREAS, STATE and ADMINISTERING AGENCY mutually desire to cooperate and jointly
participate in the FSP program and desire to specify herein the terms and conditions under which
the FSP program is to be conducted; and
WHEREAS, ADMINISTERING AGENCY has approved entering into this Agreement under
authority of Resolution No. approved by ADMINISTERING AGENCY on
________________, a copy of which is attached.
FREEWAY SERVICE PATROL PROGRAM
FUND TRANSFER AGREEMENT (Non Federal)
____________________________________________________________________________________________
For Caltrans Use Only
____________________________________________________________________________________________
I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance
____________________________________________________________________________________________
Accounting Officer | Date |
____________________________________________________________________________________________
1$ },t,qti,, 1�3.0O J�rnin� fJos 7/?-"!/io'),o
ATTACHMENT 2
83
FSP AgreementPage 2 of 6
NOW, THEREFORE, the parties agree as follows:
SECTION I
STATE AGREES:
1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State
Highway segments to be served by the FSP as well as the nature and amount of the FSP
dedicated equipment, if any that is to be funded under the FSP program.
2. To pay ADMINISTERING AGENCY the STATE's share, an amount not to exceed
$1,696,153.00, of eligible participating PROJECT costs.
3. To make reimbursements to ADMINISTERING AGENCY, as promptly as state fiscal
procedures will permit, but not more often than monthly in arrears, upon receipt of an original and
two signed copies of invoices in the proper form covering actual allowable costs incurred for the
prior sequential month's period of the Progress Payment Invoice.
4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the
provisions of this Agreement, STATE will rely to the maximum extent possible on any prior audit of
ADMINISTERING AGENCY performed pursuant to the provisions of state and federal laws. In the
absence of such an audit, work of other auditors will be relied upon to the extent that work is
acceptable to STATE when planning and conducting additional audits.
SECTION II
ADMINISTERING AGENCY AGREES:
1. To commit and contribute matching funds from ADMINISTERING AGENCY resources, which
shall be an amount not less than 25% of the amount provided by STATE from the State Highway
Account.
2. The ADMINISTERING AGENCY's detailed PROJECT Cost Proposal is attached hereto and
made an express part of this Agreement. The detailed PROJECT Cost Proposal reflects the
provisions and/or regulations of Section III, Article 8, of this agreement.
3. To use all state funds paid hereunder only for those transportation-related PROJECT purposes
that conform to Article XIX of the California State Constitution.
84
FSP AgreementPage 3 of 6
4. STATE funds provided to ADMINISTERING AGENCY or sub-recipient(s) under this Agreement
shall not be used for administrative purposes by ADMINISTERING AGENCY or sub-recipient(s).
Said administrative costs may be credited toward ADMINISTERING AGENCY's or sub-recipient's
PROJECT matching funds provided claimed administrative costs are specified on
ADMINISTERING AGENCY's invoice submittal. If said administrative costs are "indirect", as
defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirement for Federal Awards, the costs must be allocated in accordance with an Indirect Cost
Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits
and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
5. To develop, in cooperation with STATE, advertise, award, and administer PROJECT contract(s)
in accordance with ADMINISTERING AGENCY competitive procurement procedures, in
compliance with Public Contract Code (PCC) 10335-10381 (non-A&E services), and other
applicable STATE and FEDERAL regulations.
6. Upon award of contract for PROJECT, to prepare and submit to STATE an original and two
signed copies of progress invoicing for STATE's share of actual expenditures for allowable
PROJECT costs.
7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT
participation in paying not less than 20% of all allowable PROJECT costs and shall contain the
information described in Chapter 5 of the Local Assistance Procedures Manual (LAPM). Invoicing
shall demonstrate ADMINISTERING AGENCY'S PROJECT participation by showing a matched
expenditure of funds of at least 25% of the amount provided by the STATE. ADMINISTERING
AGENCY invoices shall be submitted to:
State of California
Department of Transportation
Division of Traffic Operations, MS 36
Office of System Management Operations
1120 "N" Street
Sacramento, CA 95814
8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to
prepare a final invoice reporting all actual eligible costs expended, including all costs paid by
ADMINISTERING AGENCY and submit that signed invoice, along with any refund due STATE, to
the address referenced above under Section II, Article 7. Backup information submitted with said
final invoice shall include all FSP operational contract invoices paid by ADMINISTERING
AGENCY to contracted operators included in expenditures billed to STATE under this Agreement.
9. COST PRINCIPLES
A) ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project
sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles
and Audit Requirement for Federal Awards, and all applicable Federal and State laws and
regulations.
85
FSP AgreementPage 4 of 6
B) ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will
be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and
regulations, shall be used to determine the allowability of individual PROJECT cost items.
C) Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment
or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48
CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE.
Should ADMINISTERING AGENCY fail to reimburse Fund moneys due STATE within 30 days of
demand, or within such other period as may be agreed in writing between the Parties hereto,
STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY
from STATE or any third-party source, including, but not limited to, the State Treasurer, the State
Controller, and the California Transportation Commission.
10. THIRD PARTY CONTRACTING
A) ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction
contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of
the type which are required to be procured in accordance with Government Code sections 4525
(d), (e), and (f)) on the basis of a noncompetitive negotiation for work to be performed under this
AGREEMENT without the prior written approval of STATE.
B) Any subcontract or agreement entered into by ADMINISTERING AGENCY as a result of
disbursing Funds received pursuant to this Agreement shall contain all of the fiscal provisions
(Section II, Paragraphs 4, 9, 11, 12, & 13) of this Agreement, and shall mandate that travel and
per diem reimbursements and third-party contract reimbursements to subcontractors will be
allowable as project costs only after those costs are incurred and paid for by the subcontractors.
C) In addition to the above, the preaward requirements of third party contractor/consultants with
ADMINISTERING AGENCY should be consistent with Local Program Procedures as published by
STATE.
11. ACCOUNTING SYSTEM
ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properly accumulate and segregate Fund expenditures by line
item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors,
and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable
the determination of incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices.
86
FSP AgreementPage 5 of 6
12. RIGHT TO AUDIT
For the purpose of determining compliance with this Agreement and other matters connected with
the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING
AGENCY, ADMINISTERING AGENCY'S contractors, and subcontractors, and STATE shall each
maintain and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of such contracts, including, but not limited to the
costs of administering those various contracts. All of the above referenced parties shall make such
materials available at their respective offices at all reasonable times for three years from the date
of final payment of Funds to ADMINISTERING AGENCY. STATE, the California State Auditor, or
any duly authorized representative of STATE or the United States Department of Transportation
shall each have access to any books, records, and documents that are pertinent for audits,
examinations, excerpts, and transactions, and ADMINISTERING AGENCY shall furnish copies
thereof if requested.
13. TRAVEL AND SUBSISTENCE
Payments to ADMINISTERING AGENCY for travel and subsistence expenses of
ADMINISTERING AGENCY forces and its subcontractors claimed for reimbursement or applied
as local match credit shall not exceed rates authorized to be paid exempt non-represented State
employees under current State Department of Personnel Administration (DPA) rules. If the rates
invoiced are in excess of those authorized DPA rates, then ADMINISTERING AGENCY is
responsible for the cost difference and any overpayments shall be reimbursed to STATE on
demand.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of
resources by the Legislature and the encumbrance of funds under this Agreement. Funding and
reimbursement is available only upon the passage of the State Budget Act containing these
STATE funds. The starting date of eligible reimbursable activities shall be JULY 1, 2020.
2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to
authorization and allocation of resources by ADMINISTERING AGENCY.
3. ADMINISTERING AGENCY and STATE shall jointly define the initial FSP program as well as
the appropriate level of FSP funding recommendations and scope of service and equipment
required to provide and manage the FSP program. No changes shall be made in these unless
mutually agreed to in writing by the parties to this Agreement.
4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or
rights in third parties not parties to this Agreement or affect the legal liability of either party to this
Agreement by imposing any standard of care with respect to the maintenance of State highways
different from the standard of care imposed by law.
5. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or
liability occurring or arising by reason of anything done or omitted to be done by ADMINISTERING
87
FSP AgreementPage 6 of 6
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERING AGENCY under this Agreement. It is understood and agreed that, pursuant to
Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify, and
save harmless the State of California, its 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
ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction
delegated to ADMINISTERING AGENCY under this Agreement.
6. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any
injury, damage, or liability occurring or arising by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under
this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully defend, indemnify, and save harmless ADMINISTERING AGENCY, its 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 STATE under or in connection with any work, authority, or
jurisdiction delegated to STATE under this Agreement.
7. ADMINISTERING AGENCY will maintain an inventory of all non-expendable PROJECT
equipment, defined as having a useful life of at least two years and an acquisition cost of $500 or
more, paid for with PROJECT funds. ADMINISTERING AGENCY shall define in PROJECT
contract who shall take ownership of all equipment at the conclusion of the Project.
8. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced and
reimbursed under this Agreement in accordance with the terms of this Agreement or fails to
comply with applicable Federal and State laws and regulations, STATE reserves the right to
terminate funding for PROJECT, or portions thereof, upon written notice to ADMINISTERING
AGENCY.
9. This Agreement shall terminate on June 30, 2023. However, the non-expendable equipment
and liability clauses shall remain in effect until terminated or modified in writing by mutual
agreement.
STATE OF CALIFORNIA
Riverside County Transportation Commission
Department of Transportation
By: __________________________ By: ______________________________
Office of Project Implementation Title: ______________________________
Division of Local Assistance
DATE: _________________________ DATE: _____________________________
88
ATTACHMENT 3
89
NOW, THEREFORE, the parties agree as follows:
SECTION I
STATE AGREES:
1. To define or specify, in cooperation with ADMINISTERING AGENCY, the limits of the State Highway
segments to be served by the FSP as well as the nature and amount of the FSP dedicated equipment, if
any that is to be funded under the FSP program.
2. To pay ADMINISTERING AGENCY the STATE's share, an amount not to exceed $1,412,787.00, of
eligible participating PROJECT costs. This amount is comprised of $814,010.00 for Inflation and Hour
Adjustment to Baseline and $598,777.00 for New or Expanded Service.
3. To make reimbursements to ADMINISTERING AGENCY, as promptly as state fiscal procedures will
permit, but not more often than monthly in arrears, upon receipt of an original and two signed copies of
invoices in the proper form covering actual allowable costs incurred for the prior sequential month's
period of the Progress Payment Invoice.
4. When conducting an audit of the costs claimed by ADMINISTERING AGENCY under the provisions of
this Agreement, STATE will rely to the maximum extent possible on any prior audit of ADMINISTERING
AGENCY performed pursuant to the provisions of state and federal laws. In the absence of such an
audit, work of other auditors will be relied upon to the extent that work is acceptable to STATE when
planning and conducting additional audits.
SECTION II
ADMINISTERING AGENCY AGREES:
1. A. To commit and contribute matching funds from ADMINISTERING AGENCY resources, which shall be
an amount not less than 25% of the amount provided by STATE from the State Highway Account.
1. B. To maintain existing service hours and expand new service all as defined in the 2018 FSP SB 1
Funding Guidelines for SB 1 funds.
2. The ADMINISTERING AGENCY's detailed PROJECT Cost Proposal is attached hereto and made an
express part of this Agreement. The detailed PROJECT Cost Proposal reflects the provisions and/or
regulations of Section III, Article 8, of this agreement.
3. To use all state funds paid hereunder only for those transportation-related PROJECT purposes that
conform to Article XIX of the California State Constitution.
4. STATE funds provided to ADMINISTERING AGENCY or sub-recipient(s) under this Agreement shall not
be used for administrative purposes by ADMINISTERING AGENCY or sub-recipient(s). Said administrative
costs may be credited toward ADMINISTERING AGENCY's or sub-recipient's PROJECT matching funds
provided claimed administrative costs are specified on ADMINISTERING AGENCY's invoice submittal. If
said administrative costs are "indirect", as defined in 2 CFR, Part 200, Uniform Administrative
Requirements, Cost Principles and Audit Requirement for Federal Awards, the costs must be allocated in
accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in
accordance with Caltrans Audits and Investigations requirements which may be ac cessed at:
90
www.dot.ca.gov/hq/audits/.
5. To develop, in cooperation with STATE, advertise, award, and administer PROJECT contract(s) in
accordance with ADMINISTERING AGENCY competitive procurement procedures, in compliance with
Public Contract Code (PCC) 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL
regulations.
6. Upon award of contract for PROJECT, to prepare and submit to STATE an original and two signed
copies of progress invoicing for STATE's share of actual expenditures for allowable PROJECT costs.
7. Said invoicing shall evidence the expenditure of ADMINISTERING AGENCY's PROJECT participation in
paying not less than 20% of all allowable PROJECT costs and shall contain the information described in
Chapter 5 of the Local As sistance Procedures Manual (LAPM). Invoicing shall demonstrate
ADMINISTERING AGENCY'S PROJECT participation by showing a matched expenditure of funds of at least
25% of the amount provided by the STATE (excluding the funds dispersed to CHP). ADMINISTERING
AGENCY invoices shall be submitted to:
State of California
Department of Transportation
Division of Traffic Operations, MS 36
Office of System Management Operations
1120 "N" Street
Sacramento, CA 95814
8. Within 60 days after completion of PROJECT work to be reimbursed under this Agreement, to prepare
a final invoice reporting all actual eligible costs expended, including all costs paid by ADMINISTERING
AGENCY and submit that signed invoice, along with any refund due STATE, to the address referenced
above under Section II, Article 7. Backup information submitted with said final invoice shall include all
FSP operational contract invoices paid by ADMINISTERING AGENCY to contracted operators included in
expenditures billed to STATE under this Agreement.
9. COST PRINCIPLES
A) ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors
to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
B) ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations
Syste m, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be
used to determine the allowability of individual PROJECT cost items.
C) Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1,
Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING
AGENCY fail to reimburse Fund moneys due STATE within 30 days of demand, or within such other
period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and
withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source,
91
including, but not limited to, the State Treasurer, the State Controller, and the California Transportation
Commission.
10. THIRD PARTY CONTRACTING
A) ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contract over
$10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are
required to be procured in accordance with Government Code sections 4525 (d), (e), and (f)) on the
basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE.
B) Any subcontract or agreement entered into by ADMINISTERING AGENCY as a result of disbursing
Funds received pursuant to this Agreement shall contain all of the fiscal provisions (Section II,
Paragraphs 4, 9, 11, 12, & 13) of this Agreement, and shall mandate that travel and per diem
reimbursements and third-party contract reimbursements to subcontractors will be allowable as project
costs only after those costs are incurred and paid for by the subcontractors.
C) In addition to the above, the preaward requirements of third party contractor/consultants with
ADMINISTERING AGENCY should be consistent with Local Program Procedures as published by STATE.
11. ACCOUNTING SYSTEM
ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting
system and records that properly accumulate and segregate Fund expenditures by line item for the
PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors, and all subcontractors
shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred
costs at interim points of completion, and provide support for reimbursement payment vouchers or
invoices.
12. RIGHT TO AUDIT
For the purpose of determining compliance with this Agreement and other matters connected with the
performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY,
ADMINISTERING AGENCY'S contractors, and subcontractors, and STATE shall each maintain and make
available for inspection all books, documents, papers, accounting records, and other evidence pertaining
to the performance of such contracts, including, but not limited to the costs of administering those
various contracts. All of the above referenced parties shall make such materials available at their
respective offices at all reasonable times for three years from the date of final payment of Funds to
ADMINISTERING AGENCY. STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States Department of Transportation shall each have access to any books, records,
and documents that are pertinent for audits, examinations, excerpts, and transactions, and
ADMINISTERING AGENCY shall furnish copies thereof if requested.
13. TRAVEL AND SUBSISTENCE
Payments to ADMINISTERING AGENCY for travel and subsistence expenses of ADMINISTERING AGENCY
forces and its subcontractors claimed for reimbursement or applied as local match credit shall not
92
exceed rates authorized to be paid exempt non-represented State employees under current State
Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those
authorized DPA rates, then ADMINISTERING AGENCY is responsible for the cost difference and any
overpayments shall be reimbursed to STATE on demand.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of
resources by the Legislature and the encumbrance of funds under this Agreement. Funding and
reimbursement is available only upon the passage of the State Budget Act containing these STATE funds.
The starting date of eligible reimbursable activities shall be JULY 1, 2020.
2. All obligations of ADMINISTERING AGENCY under the terms of this Agreement are subject to
authorization and allocation of resources by ADMINISTERING AGENCY.
3. ADMINISTERING AGENCY and STATE shall jointly define the init ial FSP program as well as the
appropriate level of FSP funding recommendations and scope of service and equipment required to
provide and manage the FSP program. No changes shall be made in these unless mutually agreed to in
writing by the parties to this Agreement.
4. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in
third parties not parties to this Agreement or affect the legal liability of either party to this Agreement
by imposing any standard of care with respect to the maintenance of State highways different from the
standard of care imposed by law.
5. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability
occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY
under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY
under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
ADMINISTERING AGENCY shall fully defend, indemnify, and save harmless the State of California, its
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 ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement.
6. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring or arising by reason of anything done or omitted to be done by STATE
under or in connection with any work, authority, or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall
fully defend, indemnify, and save harmless ADMINISTERING AGENCY, its 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 STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this
Agreement.
7. ADMINISTERING AGENCY will maintain an inventory of all non-expendable PROJECT equipment,
93
defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with
PROJECT funds. ADMINISTERING AGENCY shall define in PROJECT contract who shall take ownership of
all equipment at the conclusion of the Project.
8. In the event that ADMINISTERING AGENCY fails to operate the PROJECT commenced and reimbursed
under this Agreement in accordance with the terms of this Agreement or fails to comply with applicable
Federal and State laws and regulations, STATE reserves the right to terminate funding for PROJECT, or
portions thereof, upon written notice to ADMINISTERING AGENCY.
9. This Agreement shall terminate on June 30, 2023. However, the non-expendable equipment and
liability clauses shall remain in effect until terminated or modified in writing by mutual agreement.
STATE OF CALIFORNIA RIVERSIDE COUNTY TRANSPORTATION COMMISSION
By: __________________________ By: ______________________________
Office of Project Implementation Title: ______________________________
Division of Local Assistance
DATE: _________________________ DATE: _____________________________
94
RESOLUTION NO. 20-015
A RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AUTHORIZING CERTAIN OFFICIALS TO EXECUTE
AGREEMENTS WITH CALTRANS FOR
FREEWAY SERVICE PATROL PROGRAM FUNDING
WHEREAS, the Riverside County Transportation Commission (Commission) is
authorized under state law, including Sections 130000 et seq. of the Public Utilities
Code, to enter into binding agreements with public and private parties for a variety of
purposes, and also to enact resolutions and ordinances; and
WHEREAS, the Commission is eligible to receive federal and/or state funding for
certain transportation projects and programs through the California Department of
Transportation (“Caltrans”); and
WHEREAS, the Commission and Caltrans participate jointly in the
implementation of the Freeway Service Patrol (“FSP”) program in Riverside County; and
WHEREAS, routine fund contribution/transfer agreements need to be executed
by the Commission before FSP funds from Caltrans can be claimed; and
WHEREAS, the Commission wishes to delegate authorization to execute such
agreements, and any amendments thereto, to designated officials on behalf of the
Commission.
NOW, THEREFORE, BE IT RESOLVED by the Riverside County Transportation
Commission, as follows:
Section 1. The Executive Director shall have the authority, without seeking
Commission approval, to execute routine FSP fund contribution/transfer agreements for
the provision of funds by Caltrans to the Commission. When the Executive Director is
not available, the Deputy Executive Director shall be so empowered.
Section 2. Where it is necessary for the signature of the Executive Director, or
Deputy Executive Director to be attested, the Clerk of the Commission or her designee
shall be authorized to attest as to the authenticity of such signature.
Section 3. This Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED this 12th day of November, 2020.
[Signatures on following page]
ATTACHMENT 4
95
SIGNATURE PAGE
TO
RESOLUTION NO. 20-015
_____________________________________
Ben J. Benoit, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley
Clerk of the Board
96
AGENDA ITEM 5H
Agenda Item 5H
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Regional 511 Implementation
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION :
This item is for the Commission to:
1) Approve Agreement No. 21-45-022-00, between the Los Angeles County Service Authority
for Freeway Emergencies (LA SAFE), San Bernardino County Transportation Authority
(SBCTA), and the Commission for Southern California’s 511 traveler information system
services for up to a five-year term in the amount of $865,506, plus a contingency amount
of $25,000, for a total amount not to exceed $890,506;
2) Approve Agreement No. 09-45-067-08, Amendment No. 8 to Agreement No.
09-45-067-00, with Iteris , Inc. (Iteris ) for the continued provision of operations and
maintenance services for the Inland Empire 511 (IE511) system through June 30, 2021 ,
for an additional amount of $130,000, and a total amount not to exceed $3,475,785;
3) Approve Agreement No. 14-41-156-07, Amendment No. 7 to Agreement No.
14-41-156-00, with Media Beef, Inc. (Media Beef) for the continued provision of
programming and website/mobile application administration services for IE511 through
June 30, 2021 for an additional amount of $35,000, and a total amount not to exceed
$1,473,670;
4) Approve Agreement No. 19-45-080-02, Amendment No. 2 to Agreement No.
19-45-080-00, with SBCTA to extend the agreement through June 30, 2021 for
reimbursement to the Commission for continued IE511 operations; and
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreements on behalf of the Commission.
BACKGROUND INFORMATION :
In 2000, the Federal Communications Commission (FCC) designated “511” as the single traffic
information telephone number to be made available to states and local jurisdictions across the
country. The FCC ruling however, did not provide a funding source for the national number and
left all implementation and funding decisions to states and local agencies. Section 5306 of the
97
Agenda Item 5H
Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA -LU) signed into law in
2005, required the deployment of a national 511 system that included a “user-friendly”
telephone service as well as a comprehensive website by 2010. Since 2010, t he Commission has
administered a bi-county 511 traveler information system branded “IE511”, on behalf of the
Commission and SBCTA, which provides traveler information via web, phone, and mobile
application for commuters traveling within Riverside and San Bernardino Counties. For the
12-month period prior to the pandemic, the IE511 system had more than 304,000 web sessions
and 118,000 phone calls.
High volumes of intercounty travel and proximity between Riverside and San Bernardino counties
serve as the foundation for bi-county commuter programs between the Commission and SBCTA.
As such, SBCTA contracted with the Commission to de velop, implement, and manage a
Commuter Assistance Program (CAP) for San Bernardino County since 1993. In addition to the
CAP elements administered, the implementation and maintenance of IE511 was incorporated
into the SBCTA contract beginning in 2010. Costs for the deployment and ongoing operations for
IE511 are split between Commission SAFE revenues and reimbursements from SBCTA.
DISCUSSION:
The historical bi-county approach has served the Commission and SBCTA well; however,
additional benefits and costs savings can be realized by aligning with a larger southern California
regional platform beyond the Inland Empire .
Recommendation for Agreement with Metro
The Los Angeles County Metropolitan Transportation Authority (Metro), acting through its LA
SAFE, has operated a 511 system supporting Los Angeles, Orange, and Ventura counties since
2010. Its most recent 511 deployment was purposefully designed to support multiple counties.
Recognizing this opportunity, the Commission and SBCTA staff began coordinating with Metro
staff toward a regional (Figure 1) Southern California 511 program (SoCal 511). In June 2019, the
Commission approved a draft memorandum of understanding (MOU) with all five southern
California county transportation commissions to become part of Metro’s regional 511 platform.
That MOU assumed that Metro would absorb all costs associated with supporting a regional
SoCal 511 system. This include s the same elements currently provided by IE511 – voice and web-
based information and mobile application regarding traffic, rideshare/transit resources,
commuter services and other related traveler information. In this scenario, the Commission and
SBCTA would be responsible for integration and any requested custom programming costs only.
However, given updated analysis by Metro and negotiations among all five county transportation
commissions , Metro is requiring that partnering agencies share in operational costs for Metro to
operate and maintain a SoCal 511 service.
98
Agenda Item 5H
Figure 1: Transition to a Regional 511 Traveler Information System
Commission and SBCTA staff negotiated a cost structure with Metro staff that maintains annual
operational cost levels for 511 that the Commission and SBCTA are accustomed to. Metro’s 511
budget is exponentially larger than the IE511 budget; however, in consultation with the
Commission , Metro applied a population-based split across a limited set of cost categories to
accommodate the Commission and SBCTA’s cost thresholds. The resulting share for the
Commission includes a one -time integration cost of $55,120 with an annual operational cost
starting at $152,640 for the first year with a three percent annual escalation thereafter for up to
five years.
Migrating to a regional SoCal 511 solution has several benefits. Inland Empire constituents will
appreciate the same feature set they are accustomed to plus some new enhancements that are
in the works and launching soon. This includes a Spanish interactive voice response (IVR) system
for Spanish speaking motorists and an enhanced notification system that will alert SoCal 511
users of delays on any of their pre-programmed routes. From a regional perspective, it makes
sense to have one regional platform given the amount of intercounty travel within southern
California. A logical next step would be to eventually expand SoCal 511 to San Diego county and
ultimately standardize how motorist aid can be summoned through a truly regional 511 system.
Lastly, from an administrative standpoint, this regional transition lessens the administrative
burden on Commission staff of operating a local 511 system (i.e., one contract versus multiple
contracts and purchase orders) and results in a more efficient use of public funds with respect to
administration, operations, and enhancement costs when they are shared within a region.
Staff recommends approval of an agreement with Metro through LA SAFE for regional 511
service s for up to a five -year term for a total amount not to exceed $890,506 which includes one-
time integration costs of $55,120, operational costs of $810,386, and a contingency amount of
$25,000 for potential local enhancements or custom programming.
99
Agenda Item 5H
Recommendation for 511 Consultant Amendments
IE511 operations are supported primarily by two consultant contracts – Iteris and Media Beef.
The Iteris components of IE511 are comprised of a browser-based traf fic map and an IVR
telephone system. Iteris aggregates and maintains various data feeds to provide motorists with
access to real-time freeway travel information and incident information on southern California
highways. This information is accessible via the telephone service by dialing 511 in Riverside or
San Bernardino Counties or via the IE511.org website and/or companion IE511 mobile application
developed and maintained by Media Beef.
In June 2020, the Commission approved amendments to both IE511 consultant contracts to add
funding to support continued IE511 operations through December 2020 in anticipation of a
cutover to a regional solution by the end of the calendar year. However, negotiating a regional
cost sharing structure and agreement between the Commission , SBCTA , and Metro staff has
taken longer than anticipated, pushing the regional integration to 2021. As such, the consultant
contracts supporting IE511 will need to be amended to maintain IE511 operations beyond
December 2020. Upon approval of an agreement with Metro for regional 511 services, the goal
among all agencies is for the IE511 system to cutover to the SoCal 511 system before the end of
FY 2021. Therefore, staff recommends approval of amendments to increase authorized amounts
for both Iteris and Media Beef in the amounts of $130,000 and $35,000, respectively , in order to
support continued IE511 operations until the transition to a regional SoCal 511. SBCTA will
reimburse the Commission for 50 percent of the costs, or $82,500.
Lastly, the agreement between SBCTA and the Commission for SBCTA to reimburse the
Commission for half of IE511 operation al costs expires on December 31, 2020. This agreement
has enough contract balance to support reimbursement to the Commission through the end of
the current fiscal year; therefore, staff recommends approval of an extension to this agreement
to June 30, 2021 to align with the adjusted timeline for the transition to a regional 511 platform.
Financial Information
In Fiscal Year Budget:
Yes
Yes
N/A
Year:
FY 2020/21
FY 2020/21
FY 2021/22+
Amount:
$82,500 (revenues)
$ 220,120 (expenditures)
$ 835,386 (expenditures)
Source of Funds: SAFE and SBCTA reimbursements Budget Adjustment:
No
No
N/A
GL/Project Accounting No.:
452124 416 41605 0000 202 45 41203 (SBCTA revenues)
452131 65520 00000 0000 202 45 65520 (expenditures)
452124 65520 00000 0000 202 45 65520 (expenditures)
Fiscal Procedures Approved: Date: 10/16/2020
Attachments:
1) Draft Agreement No. 21-45-022-00 with LA SAFE
100
Agenda Item 5H
2) Draft Amendment No. 09-45-067-08 with Iteris
3) Draft Amendment No. 14-41-156-07 with Media Beef
4) Draft Amendment No. 19-45-080-02 with SBCTA
Approved by the Western Riverside County Programs and Projects Committee on
October 26, 2020
In Favor: 10 Abstain: 0 No: 0
101
Agreement No. 21-45-022-00
AGREEMENT
BET WEEN
LOS ANGELES COUNTY
SERVICE AUTHORITY FOR FREEWAY EMERGENCIES
AND
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
FOR
SOUTHERN CALIFORNIA 511 TRAVELER INFORMATION SYSTEM SERVICES
ATTACHMENT 1
102
Agreement No. 21-45-022-00
RECITALS
Whereas, the Southern California 511 traveler information system (SoCal 511) is a
regional system providing transit, traffic, rideshare and other information services on a
variety of platforms;
Whereas, SoCal 511 operates in partnership with the Los Angeles County Service
Authority for Freeway Emergencies (LA SAFE), Orange County Transportation Authority
(OCTA) and Ventura County Transportation Commission (VCTC) and primarily focuses
its operation and service on Los Angeles, Orange and Ventura counties;
Whereas, the Inland Empire 511 traveler information system (IE 511) is a regional
system, similar to SoCal 511, providing transit, traffic, rideshare and other information
services on a variety of platforms;
Whereas, IE 511 operates in partnership with the Riverside County Transportation
Commission (RCTC) and the San Bernardino County Transportation Authority (SBCTA)
and primarily focuses its operations and services on Riverside and San Bernardino
counties;
Whereas, residents and travelers frequently and extensively travel between and
amongst Los Angeles, Orange, Ventura, Riverside and San Bernardino counties;
Whereas, both SoCal 511 and IE 511 provide similar services and as such there are
efficiencies, improvements, consistencies, and opportunities to provide better service to
the public by integrating SoCal 511 and IE 511 into one system;
Whereas, LA SAFE is the primary agency responsible for the development,
administration, management, operation and maintenance of SoCal 511, and RCTC and
SBCTA are the responsible agencies for the development, administration, management,
operation and maintenance of IE 511;
Whereas, LA SAFE, RCTC and SBCTA desire to proceed with the integration of SoCal
511 and IE 511 for the overall betterment of the regional mobility and the public;
NOW, Therefore, all parties agree as follows:
103
Agreement No. 21-45-022-00
INTENT
The intent of this AGREEMENT is to enable the integration of SoCal 511 and IE 511
into a single, expanded regional SoCal 511 system. This AGREEMENT outlines the
relationship, roles, responsibilities and understandings between LA SAFE, RCTC and
SBCTA regarding the integration, administration, management and operation of the
expanded regional SoCal 511 system.
PERIOD OF PERFORMANCE
This AGREEMENT shall become effective on XXXXXXX and shall remain in effect until
otherwise amended or terminated per the terms and conditions contained in this
AGREEMENT.
TERMINATION
Each party agrees to provide a minimum 90 day written N otice of Intent to terminate this
AGREEMENT. Upon receipt and acknowledgement of the Notice of Intent, all parties
shall coordinate to develop a termination plan. This plan shall outline the schedule,
process, costs and any other issues necessary to affect the termination. All efforts shall
be made to control and mitigate any and all costs and negative impact to public as a
result of the termination. Notwithstanding the mitigation efforts, the terminating par ty
shall bear the primary responsibility for any costs, direct and indirect, associated with
the termination for their portion of the program .
SERVICE/WORK
LA SAFE, RCTC and SBCTA shall agree to the schedule, cost and services that are to
be integrated and provided via SoCal 511. The agreed upon schedule, cost and
services shall be incorporated as an amendment to this AGREEMENT.
LA SAFE shall provide traveler services via the SoCal 511 program. SoCal 511
currently provides information through the following platforms – 1) Interactive Voice
Response (IVR), 2) web site, 3) m obile application and 4) Social Media. Services shall
be provided in compliance with the Schedule, Cost and Services Amendment, as
proposed in the preceding paragraph.
Should there be a change to any platform or service that may or can impact users in
Riverside and/or San Bernardino counties, LA SAFE shall contact and coordinate with
RCTC and SBCTA to review and mitigate the impact and proceed as agreed upon.
Should RCTC or SBCTA desire to deploy additional functionality or services beyond
those currently provided or if there is a need to modify the delivery of the services or
information specifically for Riverside or San Bernardino county, RCTC or SBCTA shall
contac t and coordinate with LA SAFE to review the matter and agree upon the changes.
All added functionality or service shall become the part of SoCal 511 and may be used
by or available to all SoCal 511 partner agencies. Any new or modified SoCal 511
104
Agreement No. 21-45-022-00
functionality and service, requested by RCTC or SBCTA, shall be set forth in an
agreement between the parties. The agreement shall define the schedule, scope of
work and funding and be incorporated as an amendment to this AGREEMENT.
LA SAFE RESPONSIBILITIES
LA SAFE shall be responsible for the overall development, deployment, operation,
maintenance, administration, management, and planning of the SoCal 511 program and
system. Specific responsibilities shall include but, are not limited to:
• Program management and administration;
• Program operations and maintenance;
• Program development and enhancements;
• Systems management and operation;
• Contract administration and management;
• Strategic planning and implementation;
• Regional marketing;
• Stakeholder and partner coordination;
• Regional, statewide and national coordination
RCTC and SBCTA RESPONSIBILITIES
RCTC and SBCTA are responsible for coordinating, managing and representing their
respective county in the development, deployment, operation and management of the
SoCal 511 program. Specifically, RCTC and SBCTA are responsible for:
• Coordinating with their county agencies, municipalities, and interested parties in
the development and use of SoCal 511;
• M arketing, outreach and communications efforts within their county in support of
SoCal 511;
• Facilitating the discussion of SoCal 511 for and within their county;
• Coordinating with LA SAFE regarding SoCal 511;
• Support and participation in the overall development, operation, maintenance
and management of SoCal 511 for their county; and
• Funding for enhancement and operations and maintenance as delineated in this
AGREEMENT
• LA SAFE is to include PARTICPATING AGENCIES on all procurement activities
related to SoCal511. This includes having one voting member from each
PARTICIPATING AGENCY on any SoCal 511 evaluation committee.
JOINT RESPONSIBILITIES
All parties agree to collective and cooperative efforts in support of SoCal 511. Such
efforts include, but are not limited to:
• Ensuring the quality of SoCal 511;
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Agreement No. 21-45-022-00
• Ensuring that SoCal 511 is effectively meeting and understands the needs of its
customers;
• Promoting and improving traveler mobility throughout the regions through the use
of SoCal 511;
• Collaborating on joint funding opportunities;
• Coordinating SoCal 511 marketing and outreach activities;
• Engaging and communicating with each other to identify opportunities to improve
and/or areas of concern regarding SoCal 511 services;
• Coordinating on future SoCal 511 developments;
REPORTS
LA SAFE shall provide reports or shall provide access to allow the ability to generate
the reports, on SoCal 511 activities on a monthly basis.
MEETINGS
LA SAFE and partner agencies shall meet on a quarterly basis if needed.
COST
LA SAFE and partner agencies will agree upon the costs of providing SoCal 511
services and shall invoice the partner agencies to recover the agreed upon costs
pursuant to this AGREEMENT.
RCTC and SBCTA agree to pay a one-time integration fee of $104,000 and a monthly
fee of $24,000 with a 3% escalation for a five-year (5) period, however after the end of
the third (3) year RCTC and or SBCTA must declare their intension to continue with the
current agreement for the remaining two (2) years and to negotiate in good faith a new
agreement.
One-time integration costs for the IVR and the Web/ Mobile may include:
• Initial integration;
• Development;
• Enhancement;
• Partner agency specific requests; and
• Any other specific ad-hoc one-time actions
On-going costs may include:
• Operations (Population);and
• Maintenance;
106
Agreement No. 21-45-022-00
INDEMNIFICATION
Neither LA SAFE nor any of its directors, officers, agents, or employees shall be
responsible for any damage or liability occurring solely by reason of anything done or
omitted to be done by RCTC and or SBCTA under or in connection with any work,
authority, or jurisdiction performed by LA SAFE under this AGREEMENT. Pursuant to
Government Code Section 895.4, RCTC and or SBCTA shall fully indemnify and hold
LA SAFE harmless from any liability imposed for injury (as defined by Government
Code 819.8) occurring solely by reason of anything done or omitted to be done by
RCTC and or SBCTA under or in connection with any work, authority, or jurisdiction
performed by RCTC and or SBCTA under this AGREEMENT and for which RCTC and
or SBCTA would otherwise be liable.
Neither RCTC and or SBCTA nor any of its directors, officers, agents, or employees
shall be responsible for any damage or liability occurring solely by reason of anything
done or omitted to be done by LA SAFE under or in connection with any work, authority,
or jurisdiction performed by LA SAFE under this AGREEMENT. Pursuant to
Government Code Section 895.4, LA SAFE shall fully indemnify and hold RCTC and or
SBCTA harmless from any liability imposed for injury (as defined by Government Code
810.8) occurring solely by reason of anything done or omitted to be done by LA SAFE
under or in connection with any work, authority, or jur isdiction performed by LA SAFE
under this AGREEMENT and for which LA SAFE would otherwise be liable.
Nothing in this AGREEMENT shall be construed to create any duty towards, or any
rights in, any third party that is not a party to this AGREEMENT; and neither this
AGREEMENT nor any of the provisions hereof shall create or enlarge any obligation of
either party imposed by law, as the same may now be imposed or limited or may be
imposed or limited hereafter.
COUNTERPARTS
This MOU may be executed and delivered in any number of counterparts, each of
which, when executed and delivered shall be deemed an original and all of which
together shall constitute the same agreement. Facsimile signatures shall be considered
originals.
MODIFICATIONS
No amendments or other modifications of this MOU shall be binding unless executed in
writing by all PARTIES.
107
Agreement No. 09-45-067-08
1
•
AMENDMENT NO. 8 TO AGREEMENT
FOR OPERATIONS AND MAINTENANCE SERVICES FOR THE
INLAND EMPIRE 511 SYSTEM WITH ITERIS, INC.
1.PARTIES AND DATEThis Amendment No. 8 ("Amendment No. 8") to the Agreement for Operations and Maintenance Services for the Inland Empire 511 System is made and entered into as of ______________________, 2020 by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and ITERIS, INC. a Delaware Corporation ("Consultant"). Commission and Consultant are sometimes individually referred to as “Party" and collectively as "Parties”.
2. RECITALS2.1 The Commission and Consultant entered into an agreement dated February 1, 2010 forthe purpose of providing consulting services for the operations and maintenance of the Inland Empire 511 Motorist Aid Travel Information System (the "Master Agreement''). 2.2 The Commission and Consultant entered into an Amendment No. 1 to the Master Agreement da ted July 7, 2011 for the purpose of extending the term, expanding the Scope of Services to include the 11Meridian Migration Scope of Work1'i and to provide additional compensation for the continued and additional Services. 2.3 The Commission and the Consultant entered into an Amendment No. 2 to the Master Agreement dated June 30, 2016 for the purpose of extending the term of the master agreement, revising the compensation provisions, and providing additional compensation for the extended term. 2.4 The Commission and Consultant entered into Amendment No. 3 dated June 30, 2017 for the purpose of extending the term of the Master Agreement, revising the compensation provisions and providing additional compensation for continued operations and maintenance services for the Inland Empire 511 System. 2.5 The Commission and Consultant entered into Amendment No. 4 dated June 30, 2018 for the purpose of extending the term of the Master Agreement, revising the compensation provisions and providing additional compensation for continued operations and maintenance services for the Inland Empire 511 System. 2.6 The Commission and Consultant entered into Amendment No. 5 dated June 30, 2019 for the purpose of extending the term of the Master Agreement, revising the compensation provisions and providing additional compensation for continued operations and maintenance services for the Inland Empire 511 System. 2.7 The Commission and Consultant entered into Amendment No. 6 dated December 30, 2019, for the purpose of extending the term of the Master Agreement and revising the compensation provisions for continued opera tions and maintenance services for the Inland Empire 511 System. 2.8 The Commission and Consultant entered into Amendment No. 7 dated June 10, 2020, for
ATTACHMENT 2
108
Agreement No. 09-45-067-08
2
the purpose of extending the term of the Master Agreement and revising the compensation provisions for continued operations and maintenance services for the Inland Empire 511 System. 2.9 The Commission and Consultant now desire to amend the Master Agreement in order to provide additional compensation for continued operations and maintenance services for the Inland Empire 511 System. 3. TERMS 3.1 Services to be provided under this Amendment No. 8 shall be compensated in accordance with Exhibit "A" attached to this Amendment No. 8 and incorporated herein by reference. 3.2 The maximum compensation to be prov ided under this Amendment No. 8 for Services provided through the extended term shall not exceed One Hundred Thirty Thousand Dollars ($130,000), as set forth in the attached Exhibit “A”. 3.3 Except as amended by this Amendment No. 8, all provisions of the Master Agreement, as amended by Amendment Nos. 1, 2, 3, 4, 5, 6 and 7 including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. 3.4 This Amendment No. 8 shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5 This Amendment No. 8 may be signed in counterparts, each of which constitute an original. 3.6 A manually signed copy of this Agreement No. 8 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement No . 8 for all purposes. [Signatures on following page]
109
Agreement No. 09-45-067-08
3
SIGNATURE PAGE
TO
AGREEMENT FOR OPERATIONS AND
MAINTENANCE SERVICES FOR THE
INLAND EMPIRE 511 SYSTEM WITH ITERIS, INC.
IN WITNESS WHEREOF, the parties hereto have executed Agreement No. 09-45-067-08 as of the date first herein above written.
RIVERSIDE COUNTY TRANSPORTATION ITERIS, INC.
COMMISSION By: ___________________________________________ By: ______________________________________ Anne Mayer, Executive Director Signature ______________________________________ Name ______________________________________ Title APPROVED AS TO FORM: ATTEST By: _________________________________________ By: ______________________________________ Best, Best & Krieger, LLP Signature General Counsel Its: ______________________________________ Title *A corporation requires the signatures of two corporate officers. One signature shall be that of the chairman of the board, the president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation. If the above persons are not the intended signators, evidence of signature authority shall be provided to RCTC.
110
Agreement No. 09-45-067-08
EXHIBIT A 4
EXHIBIT “A”
Amendment No. 7 Compensation Provisions
1. Database, IVR and Map services shall be provided on a lump sum, fixed price basis.
The monthly lump sum for Database, IVR and Map services shall be the amounts set
forth in the chart below. Iteris shall invoice Client Monthly beginnin g __July 1, 2020 ____
for a minimum of three months and maximum of 12 months unless this Agreement is
extended beyond June 30, 2021.
2. Floodgates services shall be provided on a time and materials basis, at the rates set
forth in Exhibit “A-1” attached to this Exhibit “A” and incorporated herein by reference.
The monthly amount billed for all Floodgates services, including any approved reimbursements for expenses, shall not exceed the amount set forth in the chart below.
3. A base charge for minutes is $1,000 per month which includes 20,000 minutes.
4. The per minute telephone charge after the included 20,000 minutes shall be five cents
($0.05) per minute.
5. The monthly minutes set forth below is an estimate. The parties acknowledge that
telephone usage will vary from month to month.
6. Client must submit 30 days’ written notice in order to terminate this Amendment prior to
June 30, 2021.
Monthly Costs
Monthly Costs
Database IVR Map
Floodgates
T&M
Total
Labor Minutes* Tel Cost
Total Monthly
O&M
Not to Exceed $0.05 per minute*
$3,061 $5,053 $2,951 $9,400 $20,465 33,000 $1,650 $22,115
111
Agreement No. 09-45-067-08
EXHIBIT A 5
EXHIBIT "A-1"
Billing Rates and Phone Minute Rate
lteris, Inc.
FY20 21 Standard Bill Rates*
STAFF TITLE STANDARD RATE
Gendry, Charles Senior S/W Engineer $ 208.66
Hartman, Nicholas Se nior Systems Engineer $ 202.71
Lemestre, Michelle Administrator $ 71.54
Galindo, Yocely Administrator $ 71.54
Rate for Included 20,000 Minutes
$1,000
Rate for Phone Minutes Over the Included 20,000 Minutes
5 cents/minute
112
1
Agreement No. 14-41-156-07
AMEN DMENT NO. 7 TO
AGREEMENT FOR PROGRAMMING AND WEBSITE ADMINISTRATION SERVICES
WITH MEDIA BEEF, INC.
1.PARTIES AND DATE
This Amendment No. 7 is made and entered into as of this _____ day of
______________, 2020, by and between the RIVERSIDE COUNTY TRANSPORTATION
COMMISSION (“Commission”) and MEDIA BEEF, INC., a California Corporation
(“Consultant”).
2.RECITALS
2.1 The Commission and the Consultant have entered into an agreement
dated September 10, 2014 for the purpose of providing programming
and website administration services for the Commuter Assistance
Projects (“Master Agreement”).
2.2 The Commission and the Consultant have entered into Amendment
No. 1 to the Master Agreement, dated October 19, 2016, for the
purpose of extending the term of the Master Agreement and providing
additional compensation for the continued provision of freeway
service patrol services (“Amendment No. 1”).
2.3 The Commission and the Consultant have entered into Amendment
No. 2 to the Master Agreement, dated June 19, 2017, for the purpose
of providing additional compensation for the continued provision of
programming and website administration services for the Commuter
Assistance Projects (“Amendment No. 2”).
2.4 The Commission and the Consultant have entered into Amendment
No. 3 to the Master Agreement, dated December 11, 2017, for the
purpose of providing additional compensation for the provision of
programming enhancements and a vanpool application, reporting,
and database system within the IE Commuter website. (“Amendment
No. 3”).
2.5 The Commission and the Consultant have entered into Amendment
No. 4 to the Master Agreement, dated July 3, 2019, for the purpose of
ATTACHMENT 3
113
2
providing additional compensation for the continued provision of
programming and website administration services for the Commuter
Assistance and Vanpool Projects, as needed, and for database
migration support to the new regional rideshare and vanpool
systems (“Amendment No. 4”).
2.6 The Commission and the Consultant have entered into Amendment
No. 5 to the Master Agreement, dated May 13, 2020, for the purpose
of extending the term and providing additional compensation for the
continued provision of programming and website administration
services for the Commuter Assistance and Vanpool Projects, as
needed, and for database migration support to the new regional
rideshare and vanpool systems (“Amendment No. 5”).
2.7 The Commission and the Consultant have entered into Amendment
No. 6 to the Master Agreement, dated June 10, 2020, for the purpose
of extending the term and providing additional compensation for the
continued provision of programming and website administration
services for the Commuter & Motorist Assistance and Vanpool
Projects, as needed (“Amendment No. 6”).
2.8 The parties now desire to amend the Master Agreement in order to
extend the term and to provide additional compensation for the
continued provision of programming and website administration
services for IE511.
3. TERMS
3.1 The term of the Master Agreement shall be extended through June 30,
2021, unless earlier terminated as provided in the Master Agreement.
3.2 The maximum compensation for Services performed pursuant to this
Amendment shall be Thirty-Five Thousand Dollars ($35,000). Work
shall be performed at the rates set forth in the Master Agreement.
3.3 The total not-to-exceed amount of the Master Agreement, as amended
by this Amendment No. 7, shall be One Million Four Hundred Seventy -
Three Thousand Six Hundred Seventy Dollars ($1,473,670).
3.4 Except as amended by this Amendment No. 7, all provisions of the
Master Agreement, as amended by Amendment No. 1, 2, 3, 4, 5, and
6, including without limitation the indemnity and insurance provisions,
shall remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 7.
114
3
3.5 This Amendment No. 7 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.6 This Amendment No. 7 may be signed in counterparts, each of which
constitute an original.
3.7 A manually signed copy of this Agreement No. 7 which is transmitted
by facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original
executed copy of this Agreement No. 7 for all purposes.
[Signatures on following page]
115
4
SIGNATURE PAGE
TO
Agreement No. 14-41-156-07
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment
on the date first herein above written.
RIVERSIDE COUNTY MEDIA BEEF, INC.
TRANSPORTATION COMMISSION
By: ____________________________ By: __________________________
Anne Mayer, Executive Director Signature
__________________________Na
me
__________________________
Title
APPROVED AS TO FORM: ATTEST:
By: __________________________ By: __________________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: __________________________
Transportation Commission
116
5
INSERT EXHIBI T A
[PLACEHOLDER FOR FEDERAL PROVISIONS]
117
Agreement No. 19-45-080-02
AMENDMENT No. 2 TO CONTRACT 19-1002204
BY AND BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
FOR
THE PROVISION OF 511 PROGRAM IMPLEMENTATION AND SOFTWARE Th is Amendment No. 2 to Contract 19-1002204 is made by and between the San Bernardino County Transportation Authority ("SBCTA"), and Riverside County Transportation Commission ("RCTC").
1.RECITALS:1.1 On July 1, 2019, SBCTA and RCTC entered into a Cooperative Agreement (“Agreement”),for the purpose of allocating the costs of providing 511, Rideshare and Vanpool Program Implementation and Software; 1.2 On June 30, 2020, SBCTA and RCTC entered into a Cooperative Agreement (“Agreement”), amending the Agreement to extend its term through December 31, 2020, and to limit the cost allocation to the provision of 511 Program Implementation and Software, which is managed by RCTC and reimbursed by SBCTA. 1.3 SBCTA and RCTC desire to amend the Agreement to extend its term through June 30, 2021.
2.TERMS:2.1 The term of the Master Agreement, as set forth in Section 3.1 of the Master Agreement, is hereby extended through June 30, 2021. 2.2 Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment No.2. 2.3 This Amendment No. 2 shall be governed by the laws of the State of California. Venue shall be in Riverside County. 2.4 This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original. 2.5 A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
[Signatures on following page]
ATTACHMENT 4
118
Agreement No. 19-45-080-02
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement below. SAN BERNARDINO COUNTY RIVERSIDE COUNTY TRANSPORTATION AUTHORITY TRANSPORTATION COMMISSION By: ________________________________________ By: ___________________________________________ Raymond W. Wolfe Anne Mayer Executive Director Executive Director Date: _____________________________________ Date: ________________________________________
APPROVED AS TO FORM APPROVED AS TO FORM By: _________________________________________ By: __________________________________________ Julianna K. Tillquist Best, Best & Krieger, LLP General Counsel General Counsel Date: _______________________________________ Date: _______________________________________
CONCURRENCE By: _________________________________________ Jeffery Hill Procurement Manager Date: _______________________________________
119
AGENDA ITEM 5I
Agenda Item 5I
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM: Western Riverside County Programs and Projects Committee
Brian Cunanan, Commuter and Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreement for Vanpool Vehicle Leasing Services
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF
RECOMMENDATION :
This item is for the Commission to:
1) Award Agreement No. 21-41-021-00 to Airport Van Rental Vanpool, doing business as
AVR Vanpool (AVR), for vanpool vehicle leasing services for a three -year term, plus one
two-year option to extend the agreement, in an amount not to exceed $875,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, including option years, on behalf of the Commission.
BACKGROUND INFORMATION :
At its September 2017 meeting, the Commission approved the funding, development, and
implement ation of an ongoing vanpool subsidy program to be provided through third -party
leasing vendors. The vanpool groups’ leased vehicles carry 7 to 15 passengers (including the
driver) traveling 30 or more miles each day between their homes and their work destination(s)
located within the Commission’s jurisdictional area of Western and Southern Riverside County.
In fall 2017, the Commission released a Request for Proposal (RFP) to procure leasing ve ndors
for a vendor bench to provide the vehicles services. The RFP process resulted in the Commission
contracting with Commute with Enterprise (Enterprise), with the program branded as “VanClub”
that launched in May 2018 primarily serving traditional employer markets . In addition to current
and future vanpool services procured through the RFP process, the Commission has an
agreement with a public transit provider, California Vanpool Authority (CalVans), to provide
vanpool services to the agricultural and post-secondary education markets. The monthly lease
amount for leased vehicles provided to vanpool groups by CalVans or Enterprise includes
insurance, maintenance and roadside assistance. The vanpool groups apply directly to the
Commission to participate in VanClub, and, upon approval, the Commission provides a monthly
subsidy of up to 50 percent of their vanpool lease cost not to exceed $400.
The San Bernardino County Transportation Authority (SBCTA) operates a vanpool subsidy
program (SB Loop) with similar scopes of work and program requirements as RCTC’s VanClub
120
Agenda Item 5I
program. Both programs require that vanpool participants:
a. Commute in a leased vehicle with a seating capacity (including the driver) of between 7
to 15 passengers;
b. Operate a minimum 12 days during each calendar month;
c. Travel at least 30 miles round -trip directly between a home origin(s) and a regular work
and/or vocational/post-secondary education destination(s) within each agency’s
jurisdictional area; and
d. Maintain a minimum vanpool occupancy of 70% or higher at time of start-up, and 50%
or higher on an ongoing monthly basis.
During the COVID-19 pandemic, both agencies accommodate d for more flexible schedules so as
to allow for social distancing while traveling in vanpools and relaxed the minimum number of
operating days and occupancy requirements each month. At the program’s peak in February
2020, the Commission’s VanClub subsidized 80 vanpools. As of September 2020, VanClub has
30 vanpools that transport essential workers to and from March Air Force Base and the
University of California at Riverside.
Procurement Process
Since the Commission and SBCTA initially procured vanpool leasing vendor services in 2017,
additional vendors have entered the Southern California vanpool leasing market. As such, in
order to expand vanpool vendor options for both vanpool programs while optimizing staff
resources toward this goal, SBCTA released RFP No. 20-1002393 for third-party vanpool vehicle
providers on behalf of both SBCTA and the Commission in July 2020.
SBCTA’s RFP No. 20-1002393 was sent electronically to and downloaded by five firms registered
on SBCTA’s PlanetBids system. The solicitation was issued in accordance with current SBCTA
policies and procedures for consultant services. There were two addenda issued for this project:
Addendum No. 1, issued on July 22, 2020, extended the key RFP dates and Addendum No. 2,
issued on August 14, 2020, responded to questions received and added a Buy America clause to
the contract.
Both the SBCTA and Commission ’s vanpool programs anticipate utilizing Federal Transit
Administration (FTA) funds to pay monthly subsidies to the vanpool providers; therefore, the RFP
required compliance with all federal public transit rules and regulations, including Buy America,
Americans with Disabilities Act, and be open to the general public.
One proposal was received from AVR by the date and time specified in the RFP. A
responsiveness review was conducted by the SBCTA Procurement Analyst, and SBCTA found the
AVR proposal to be responsive. The evaluation committee consisted of staff from the
Commission and SBCTA , as well as a Commission vanpool consultant. The Committee scored
the proposal based on the following criteria: qualifications , related e xperience and references,
proposed staffing and project organization , work plan , and price . Based on the evaluation
121
Agenda Item 5I
committee’s assessment of the written proposal received, and pursuant to the terms of the RFP,
the evaluation committee conducted an interview with AVR on September 9, 2020.
Staff is aware of one additional vanpool vendor that operates vanpool vehicle leasing services
within the southern California region. After several attempts, the SBCTA Procurement Analyst
reached the firm; it was determined that due to changes in staffing assignments this firm missed
the procurement opportunity.
The evaluation committee recommends AVR for vanpool vehicle leasing services, as it
demonstrated a thorough understanding of the scope of work and proposed an overall solid
team. Accordingly, s taff recommends approval of Agreement No. 21-41-021-00 with AVR to
provide third -party vanpool vehicle leasing service s for a three -year term, plus one two-year
option, in an amount not to exceed $875,000. The Commission’s professional services
agreement will be entered into with AVR subject to any changes approved by the Executive
Director, pursuant to legal counsel review.
Funding for the AVR subsidy element of the vanpool program will be through a combination of a
South Coast AQMD Mobile Source Air Pollution Reduction Review Committee (MSRC) grant and
FTA Section 5307 funding (which will be used when the MSRC grant is exhausted).
At the time of the October Western Riverside County Programs and Projects Committee , the
SBCTA Transit Committee approved a contract award to AVR and forwarded it to the full SBCTA
Board of Directors for approval in early November.
Financial Information
In Fiscal Year Budget:
Yes
Yes
N/A
N/A
Year:
FY 2020/21
FY 2020/21
FY 2021/22+
FY 2021/22+
Amount:
$101,000 (revenues)
$101,000 (expenditures)
$774,000 (revenues)
$774,000 (expenditures)
Source of Funds: MSRC grant and FTA funds Budget Adjustment:
No
No
N/A
N/A
GL/Project Accounting No.:
002187 416 41608 0000 263 41 41204 (local revenues)
002187 414 41404 0000 263 41 41401 (federal revenues)
002187 81030 00000 0000 263 41 81002 (expenditures )
Fiscal Procedures Approved: Date: 10/16/2020
Attachment: Draft Agreement 21-41-021-00
122
Agenda Item 5I
Approved by the Western Riverside County Programs and Projects Committee on
October 26, 2020
In Favor: 10 Abstain: 0 No: 0
123
17336.00013\32891143.2 1
AGREEMENT No. 21-41-021-00
BY AND BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
AIRPORT VAN RENTAL
FOR
THIRD PARTY VANPOOL VEHICLE PROVIDER SERVICES
This contract ( “Contract”) is made and entered into by and between the Riverside County
Transportation Commission (“RCTC”), whose address is 4080 Lemon St., 3rd Floor, Riverside, CA
92501, and Airport Van Rental (“CONSULTANT”) whose address is 12911 Cerise Avenue,
Hawthorne, CA 90250. RCTC and CONSULTANT are each a “Party” and are collectively the
“Parties”.
RECITALS:
WHEREAS, RCTC requires Work as described in Exhibit A of this Contract and;
WHEREAS, CONSULTANT has confirmed that CONSULTANT has the requisite professional
qualifications, personnel and experience and is fully capable and qualified to perform the services
identified herein; and
WHEREAS, CONSULTANT desires to perform all Work identified herein and to do so for the
compensation and in accordance with the terms and conditions set forth herein.
WHEREAS, RCTC intends to initially fund this Contract utilizing local funding, but may, at a
later time, elect to utilize funding from the Federal Transportation Administration (FTA), should such
funding become available.
NOW, THEREFORE, the Parties agree as follows:
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17336.00013\32891143.2 \ 2
ARTICLE 1. PROJECT DESCRIPTION/SCOPE OF WORK
1.1 CONSULTANT agrees to perform the work and services set forth in Exhibit A “Scope of
Work ” (“Work”) in accordance with all applicable professional standards which are generally
accepted in the State of California, in accordance with the terms and conditions expressed
herein, and in the sequence, time, and manner defined herein. The word “Work”, as used
herein, includes without limitation the performance, fulfillment and discharge by
CONSULTANT of all obligations, duties, tasks, and Work imposed upon or assumed by
CONSULTANT hereunder; and the Work performed hereunder shall be completed to the
satisfaction of RCTC, with its satisfaction being based on prevailing applicable professional
standards.
1.2 RCTC’s Project Manager for this Contract is Brian Cunanan, or such other designee as shall be
designated in written notice to CONSULTANT from time to time by the Executive Director of
RCTC or his or her designee. The Project Manager shall have authority to act on behalf of RCTC
in administering this Contract, including giving notices (including without limitation, notices of
default and/or termination ), technical directions and approvals, demanding performance and
accepting work performed, but is not authorized to receive or issue payments or execute
amendments to the Contract itself
ARTICLE 2. CONTRACT TERM
2.1 The Contract term shall commence upon issuance of a written Notice To Proceed (NTP) issued
by RCTC’s Procurement Manager and shall continue in effect through December 31, 2023, or
until otherwise terminated, or unless extended as hereinafter provided by written amendment,
except that all indemnity and defense obligations hereunder shall survive termination of this
Contract. CONSULTANT shall not be compensated for any work performed or costs incurred
prior to issuance of the NTP.
2.2 RCTC at its sole discretion may extend the original term of the Contract for one two -year
option. The maximum term of this Contract, including the Option Term, if exercised, will not
exceed December 31, 2025.
ARTICLE 3. COMPENSATION
3.1 Total compensation to CONSULTANT for full and complete performance of the Scope of Work
identified herein and, in compliance with all the terms and conditions of this Contract, shall be
as a fixed subsidy for approved vanpools per month, which includes all obligations incurred in,
or applied to, CONSULTANT’s performance of Work, and for which CONSULTANT shall
furnish all personnel, facilities, equipment, materials, supplies, and Services (except as may be
explicitly set forth in this Contract as furnished b y RCTC) shall not exceed the amount set forth
in section 3.2 below.
3.2 The total Contract Not-To -Exceed Amount is Eight-Hundred Seventy-Five Thousand Dollars
and Zero Cents ($875,000). All Work provided under this Contract is to be performed as set
forth in Exhibit A “Scope of Work”, and shall be reimbursed based on 50% of allowable vehicle
lease rates, not to exceed $400 per month per qualified petroleum-based vehicle and $500 per
month per qualified zero emission vehicles, pursuant to Exhibit B “Vehicle Cost Matrix Form”.
RCTC will not compensate the CONSULTANT for any subsidies for vehicles not shown in
125
17336.00013\32891143.2 \ 3
Exhibit B or agreed to and approved by RCTC as required under this Contract.
3.3 The Cost Principles and Procedures set forth in 48 CFR, Ch. 1, subch. E, Part 31, as constituted
on the effective date of this Contract, shall be utilized to determine allowability of costs under
this Contract and may be modified from time to time by written amendment of the Contract.
3.3.1 CONSULTANT agrees to comply with Federal Department of Transportation
procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments.
3.3.2 Any costs for which payment has been made to CONSULTANT that are determined
by subsequent audit to be unallowable under 48 CFR, Ch. 1, subch. E, Part 31, or 49
CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments shall be returned by CONSULTANT to
RCTC.
3.4 Any Work provided by CONSULTANT not specifically covered by the Scope of Work shall
not be compensated without prior written authorization from RCTC. It shall be
CONSULTANT’s responsibility to recognize and notify RCTC in writing when services not
covered by the Scope of Work have been requested or are required. All changes and/or
modifications to the Scope of Work shall be made in accordance with the “CHANGES”
Article in this Contract. Any additional services agreed to in accordance with this Contract
shall become part of the Work.
3.5 During a random physical inspection and audit of vehicles for safety equipment, should RCTC
find that CONSULTANT is not compliant with contractual requirements, CONSULTANT
shall bring any non-compliant item(s) into compliance within three (3 ) business days or
temporarily/permanently replace the non-compliant vehicle with a compliant vehicle.
If CONSULTANT fails to remedy/replace a non-compliant vehicle pursuant to the
contractual terms, RCTC may withhold the monthly subsidy amount for each non-compliant
vehicle.
3.6 All subcontracts in excess of $25,000 shall contain the above provisions.
ARTICLE 4. TAXES, DUTIES AND FEES
Except to the extent expressly provided elsewhere in this Contract, CONSULTANT shall pay when
due, and the compensation set forth herein shall be inclusive of all: a) local, municipal, State, and
federal sales and use taxes; b) excise taxes; c) taxes on personal property owned by CONSULTANT;
and d) other governmental fees and taxes or charges of whatever nature applicable to CONSULTANT
to enable it to conduct business.
ARTICLE 5. AVAILABILITY OF FUNDS; FTA REQUIREMENTS
The award and performance of this Contract is contingent on the availability of funds. If funds are
not appropriated and/or allocated and available to RCTC for the continuance of Work performed by
CONSULTANT, Work directly or indirectly involved may be suspended or terminated by RCTC at
the end of the period for which funds are available. When RCTC becomes aware that any portion of
Work will or may be affected by a shortage of funds, it will promptly notify CONSULTANT. Nothing
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herein shall relieve RCTC from its obligation to compensate CONSULTANT for Work already
performed pursuant to this Contract. No penalty shall accrue to RCTC in the event this provision is
exercised.
Article 49 through Article 59 of this Contract incorporate FTA required clauses, which shall be
enforceable commencing at such time as RCTC alerts CONSULTANT to the use of FTA funds.
RCTC intends to rely on the federally related certifications and disclosures submitted by
CONSULTANT in its response to the Request for Proposals (“RFP”) pursu ant to which this Contract
has been awarded. RCTC shall retain copies of such submissions in its project file for this Contract.
ARTICLE 6. PERMITS AND LICENSES
CONSULTANT shall, without additional compensation, keep current all governmental permits,
certificates and licenses (including professional licenses) necessary for CONSULTANT to perform
Work identified herein.
ARTICLE 7. DOCUMENTATION AND RIGHT TO AUDIT
7 .1 CONSULTANT shall maintain all records related to this Contract in an organized way in the
original format, electronic and hard copy, conducive to professional review and audit, for a
period of three (3) years from the date of final payment by RCTC, or until the conclusion of
all litigation, appeals or claims related to this Contract, whichever is longer. CONSULTANT
shall provide RCTC, Federal Transit Administration, the California State Auditor, or other
authorized representatives of RCTC, access to CONSULTANT’s records which are directly
related to this Contract for the purpose of inspection, auditing or copying during the entirety
of the records maintenance period above. CONSULTANT further agrees to maintain separate
records for costs of Work performed by amendment. CONSULTANT shall allow RCTC and
its representatives or agents to reproduce any materials as reasonably necessary.
7 .2 The cost proposal and/or invoices for this Contract are subject to audit by RCTC and/or any
state or federal agency funding this Project at any time. After CONSULTANT receives any
audit recommendations, the cost proposal shall be adjusted by CONSULTANT and approved
by RCTC’s Project Manager to conform to the audit recommendations. CONSULTANT
agrees that individual items of cost identified in the audit report may be incorporated into the
Contract at RCTC’s sole discretion. Refusal by CONSULTANT to incorporate the audit or
post award recommendations will be considered a breach of the Contract and cause for
termination of the Contract. Any dispute concerning the audit findings of this Contract shall
be reviewed by RCTC’s Chief Financial Officer. CONSULTANT may request a review by
submitting the request in writing to RCTC within thirty (30) calendar days after issuance of
the audit report.
7 .3 Subcontracts in excess of $25,000 shall contain the provisions in this Article.
ARTICLE 8. RESPONSIBILITY OF CONSULTANT
8.1 CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
assurance of compliance with all applicable federal, State, and local laws and regulations, and
other Work furnished by the CONSULTANT under the Contract.
8.2 In addition to any other requirements of this Contract or duties and obligations imposed on
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CONSULTANT by law, CONSULTANT shall, as an integral part of its Work, employ quality
control procedures that identify potential risks and uncertainties related to scope, schedule,
cost, quality and safety of the Project and the Work performed by CONSULTANT within the
areas of CONSULTANT’s expertise. At any time during performance of the Work, should
CONSULTANT observe, encounter, or identify any unusual circumstances or uncertainties,
which could pose potential risk to RCTC or the Project, CONSULTANT shall immediately
document such matters and notify RCTC in writing. CONSULTANT shall also similarly
notify RCTC in regard to the possibility of any natural catastrophe and potential failure, of the
Project. Notifications under this paragraph shall be specific, clear and timely, and in a form
which will enable RCTC to understand and evaluate the magnitude and effect of the risk
and/or uncertainties involved.
8 .3 Intentionally Omitted
8 .4 RCTC shall advise CONSULTANT of their responsibility and collect the amount due,
including but not limited to, withholding of payments, if the recoverable cost will exceed the
administrative cost involved or is otherwise in RCTC’s best interest. RCTC shall include in
the Contract Audit File a written statement of the reasons for the decision to recover or not
recover the costs from CONSULTANT.
8 .5 CONSULTANT shall document the results of the Work to the satisfaction of RCTC and if
applicable, Federal Transit Administration (FTA). This may include preparation of progress
and final reports, or similar evidence of attainment of RCTC’s objectives.
8 .6 Intentionally Omitted
8.7 If RCTC has notified CONSULTANT of use of FTA funds under this Contract,
CONSULTANT shall produce documents which specify compliance with FTA and Buy
America requirements.
ARTICLE 9. REPORTING AND DELIVERABLES
All reports and deliverables shall be submitted in accordance with Exhibit A, “Scope of Work”. At a
minimum, CONSULTANT shall submit monthly progress reports with their monthly invoices. The
progress reports shall be sufficiently detailed for RCTC to determine if the CONSULTANT is
performing to expectations or is on schedule to provide communication of interim findings, and to
sufficiently address any difficulties or problems encountered, so remedies can be developed.
ARTICLE 10. TECHNICAL DIRECTION
10.1 Performance of Work under this Contract shall be subject to the technical direction of RCTC’s
Project Manager. The term "Technical Direction" is defined to include, without limitation:
10.1.1 Directions to CONSULTANT which redirect the Contract effort, shift work emphasis
between work areas or tasks, require pursuit of certain lines of inquiry, fill in details
or otherwise serve to accomplish the contractual Scope of Work.
10.1.2 Provision of written information to CONSULTANT, which assists in th e interpretation
of drawings, reports, or technical portions of the Scope of Work described herein.
10.1.3 Review and, where required by the Contract, approval of technical reports,
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specifications and technical information to be delivered by CONSULTANT to RCTC
under the Contract.
10.1.4 RCTC’s Project Manager may modify this Contract for certain administrative
modifications without issuing a written amendment. Administrative modifications as
defined herein are limited to: substitutions of personnel identified in this Contract,
including Key Personnel and subconsultants; modifications to hourly rates,
classifications, and names of personnel in Exhibit B; and modifications of the address
of the CONSULTANT. All administrative modifications shall be doc umented in
writing between the Parties.
10.2 Technical Direction must be within the Scope of Work under this Contract. RCTC’s Project
Manager does not have the authority to, and may not, issue any Technical Direction which:
10.2.1 Increases or decreases the Scope of Work;
10.2.2 Directs CONSULTANT to perform Work outside the original Scope of Work;
10.2.3 Constitutes a change as defined in the “CHANGES” Article of the Contract;
10.2.4 In any manner causes an increase or decrease in the Contract price as identified in
Article 3, herein, or the time required for Contract performance;
10.2.5 Changes any of the expressed terms, conditions or specifications of the Contract;
unless identified herein;
10.2.6 Interferes with the CONSULTANT’s right to perform the terms and conditions of the
Contract; or
10.2.7 Approves any demand or claim for additional payment.
10.3 Failure of CONSULTANT and RCTC’s Project Manager to agree that the Technical Direction
is within the scope of the Contract, or failure to agree upon the Contract action to be taken,
shall be subject to the provisions of the “DISPUTES” Article herein.
10.4 All Technical Direction shall be issued in writing by RCTC’s Project Manager.
10.5 CONSULTANT shall proceed promptly with the performance of Technical Direction issued
by RCTC’s Project Manager, in the manner prescribed by this Article and within its authority
under the provisions of this Article. If, in the opinion of CONSULTANT, any instruction or
direction by RCTC’s Project Manager falls within one o f the categories defined in 10.2.1
through 10.2.7 above, CONSULTANT shall not proceed but shall notify RCTC in writing
within five (5) working days after receipt of any such instruction or direction and shall request
RCTC to modify the Contract accordingly. Upon receiving the notification from the
CONSULTANT, RCTC shall:
10.5.1 Advise CONSULTANT in writing within thirty (30) calendar days after receipt of the
CONSULTANT's letter that the Technical Direction either is or is not Technical
Direction, as defined in 10.1 above, and within the Scope of Work .
10.5.2 Advise CONSULTANT within a reasonable time whether RCTC will or will not issue
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a written amendment.
ARTICLE 11. CHANGES
11.1 The Work shall be subject to changes by additions, deletions, or revisions made by RCTC.
CONSULTANT will be advised of any such changes by written notification from RCTC
describing the change. This notification will not be binding on RCTC until RCTC’s Awarding
Authority has approved any amendment to this Contract.
11.2 Promptly after such written notification of change is given to CONSULTANT by RCTC, the
Parties will attempt to negotiate a mutually agreeable adjustment to compensation or time of
performance, and amend the Contract accordingly.
ARTICLE 12. CONFLICT OF INTEREST
CONSULTANT agrees that it presently has no interest, financial or otherwise, and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the performance
of Work required under this Contract or be contrary to the interests of RCTC as to the Project.
CONSULTANT further agrees that in the performance of this Contract no person having any such
interest shall be employed. CONSULTANT is obligated to fully disclose to RCTC, in writing, any
conflict of interest issues as soon as they are known to CONSULTANT. CONSULTANT agrees that
CONSULTANT’s staff designated by RCTC’s Executive Director as “Consultants” under the
Political Reform Act shall timely file Statements of Economic Interest with the RCTC Clerk of the
Board.
ARTICLE 13. KEY PERSONNEL
The personnel specified below are considered to be essential to the Work being performed under this
Contract. Prior to diverting any of the specified individuals to other projects, or reallocating any tasks
or hours of Work that are the responsibility of key personnel to other personnel, CONSULTANT
shall notify RCTC in writing and shall submit justifications (including proposed substitutions,
resumes and payroll information to support any changes to the labor rate) in sufficient detail to permit
evaluation of the impact on the Project. Diversion or reallocation of key personnel shall not be made
without prior written consent of RCTC. CONSULTANT shall not substitute any key personnel
without the prior written consent of RCTC. In the event that the Parties cannot agree as to the
substitution of key personnel, RCTC may terminate the Contract. Key Personnel are:
Name Job Classification/Function
ARTICLE 14. REPRESENTATIONS
All Work supplied by CONSULTANT under this Contract shall be supplied by personnel who are
qualified, careful, skilled, experienced and competent in their respective trades or professions.
CONSULTANT agrees that they are supplying professional services, findings, and/or
recommendations in the performance of this Contract and agrees with RCTC that the same shall
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conform to professional principles and standards that are generally accepted in the profession in the
State of California.
ARTICLE 15. PROPRIETARY RIGHTS/CONFIDENTIALITY
15 .1 If, as part of this Contract, CONSULTANT is required to produce materials, documents data,
or information (“Products”), then CONSULTANT, if requested by RCTC, shall deliver to
RCTC the original of all such Products, which shall become the sole property of RCTC.
15 .2 All materials, documents, data or information obtained from RCTC's data files or any RCTC-
owned medium furnished to CONSULTANT in the performance of this Contract will at all
times remain the property of RCTC. Such data or information may not be used or copied for
direct or indirect use outside of this Project by CONSULTANT without the express written
consent of RCTC.
15 .3 Except as reasonably necessary for the performance of the Work, CONSULTANT agrees that
it, its employees, agents and subconsultants will hold in confidence and not divulge to third
parties without prior written consent of RCTC, any information obtained by CONSULTANT
from or through RCTC unless (a) the information was known to CONSULTANT prior to
obtaining same from RCTC; or (b) the information was at the time of disclosure to
CONSULTANT, or thereafter becomes, part of the public domain, but not as a result of the
fault of or an unauthorized disclosure by CONSULTANT or its employees, agents, or
subconsultants; or (c) the information was obtained by CONSULTANT from a third party
who did not receive the same, directly or indirectly, from RCTC and who had, to
CONSULTANT's knowledge and belief, the right to disclose the same. Any materials and
in formation referred to in this Article which are produced by CONSULTANT shall not be
publicly disclosed until released in writing by RCTC, except to the extent such materials and
information become subject to disclosure by RCTC under the California Public Records Act
or other law, or otherwise become public information through no fault of CONSULTANT, or
its employees or agents.
15 .4 CONSULTANT shall not use RCTC’s name or photographs in any professional publication,
magazine, trade paper, newspaper, seminar or other medium without first receiving the
express written consent of RCTC.
15 .5 All press releases or press inquiries relating to the Project or this Contract, including graphic
display information to be published in newspapers, magazines, and other publications, are to
be made only by RCTC unless otherwise agreed to in writing by the Parties.
ARTICLE 16. CONSTRUCTION CLAIMS
Intentionally Omitted
ARTICLE 17. TERMINATION
17 .1 Termination for Convenience - RCTC’s Executive Director shall have the right at any time,
with or without cause, to terminate further performance of Work by giving thirty (30) calendar
days written notice to CONSULTANT specifying the date of termination. On the date of such
termination stated in said notice, CONSULTANT shall promptly discontinue performance of
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Work and shall preserve Work in progress and completed Work, pending RCTC’s instruction,
and shall turn over such Work in accordance with RCTC’s instructions.
17 .1.1 CONSULTANT shall deliver to RCTC, all deliverables prepared by CONSULTANT
or its subconsultants or furnished to CONSULTANT by RCTC. Upon such delivery,
CONSULTANT may then invoice RCTC for payment in accordance with the terms
herein.
17 .1.2 If CONSULTANT has fully and completely performed all obligations under this
Contract up to the date of termination, CONSULTANT shall be entitled to receive
from RCTC as complete and full settlement for such termination a pro rata share of
the Contract cost based upon the percentage of all contracted Work satisfactorily
executed to the date of termination.
17 .1.3 CONSULTANT shall be entitled to receive the actual costs incurred by
CONSULTANT to return CONSULTANT’s tools and equipment, if any, to it or its
suppliers’ premises, or to turn over Work in progress in accordance with RCTC’s
instructions plus the actual cost necessarily incurred in effecting the termination.
17 .2 Termination for Cause - In the event CONSULTANT shall file a petition in bankruptcy court,
or shall make a general assignment for the benefit of its creditors, or if a petition in bankruptcy
shall be filed against CONSULTANT or a receiver shall be appointed on account of its
insolvency, or if CONSULTANT shall default in the performance of any express obligation
to be performed by it under this Contract and shall fail to immediately correct (or if immediate
correction is not possible, shall fail to commence and diligently continue action to correct)
such default within ten (10) calendar days following written notice, RCTC may, without
prejudice to any other rights or remedies RCTC may have, and in compliance with applicable
Bankruptcy Laws: (a) hold in abeyance further payments to CONSULTANT; (b) stop any
Work of CONSULTANT or its subcon sultants related to such failure until such failure is
remedied; and/or (c) terminate this Contract by written notice to CONSULTANT specifying
the date of termination. In the event of such termination by RCTC, RCTC may take possession
of the Products and finished Work by whatever method RCTC may deem expedient.
17 .2.1 A waiver by RCTC of one default of CONSULTANT shall not be considered to be a
waiver of any subsequent default of CONSULTANT, of the same or any other
provision, nor be deemed to waive, amend, or modify this Contract.
17 .2.2 CONSULTANT shall deliver to RCTC all finished and unfinished deliverables under
this Contract prepared by CONSULTANT or its subconsultants or furnished to
CONSULTANT by RCTC within ten (10) working days of said notice.
17 .3 All claims for compensation or reimbursement of costs under any of the foregoing provisions
shall be supported by documentation submitted to RCTC, satisfactory in form and content to
RCTC and verified by RCTC. In no event shall CONSULTANT be entitled to any payment
for prospective profits on unperformed services or any damages because of such termination.
All subcontracts in excess of $25,000 shall contain the above provisions of this Article.
ARTICLE 18. STOP WORK ORDER
Upon failure of CONSULTANT or its subconsultants to comply with any of the requirements of this
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Contract, RCTC shall have the right to stop any or all Work affected by such failure until such failure
is remedied or to terminate this Contract in accordance with the Termination For Cause provisions of
this Contract.
ARTICLE 19. CLAIMS
RCTC shall not be bound to any adjustments in the Contract amount or schedule unless expressly
agreed to by RCTC in writing. RCTC shall not be liable to CONSULTANT for any claim asserted
by CONSULTANT after final payment has been made under this Contract.
ARTICLE 20. INSURANCE
20.1 Prior to commencing the Work, subject to the provisions of Article 20.2 “General Provisions”,
and at all times during the performance of the Work and for such additional periods as required
herein, CONSULTANT and all sub -consultants of every tier performing any Work under this
contract shall, at CONSULTANT’s and sub -consultant's sole expense, procure and maintain
broad form insurance coverage at least as broad as the following minimum requirements
specified below:
20.1.2 Worker’s Compensation/Employer’s Liability . The policies must include the
following:
• Coverage A. Statutory Benefits
• Coverage B. Employer’s Liability
• Bodily Injury by accident - $1,000,000 per accident
• Bodily Injury by disease - $1,000,000 policy limit/$1,000,000 each employee
Such policies shall contain a waiver of subrogation in favor of the parties named as
Indemnitees below. Such insurance shall be in strict accordance with the applicable workers’
compensation laws in effect during performance of the Work by CONSULTANT or any
subconsultant of any tier. All subconsultants of any tier performing any portion of the Work
for CONSULTANT shall also obtain and maintain the same insurance coverage as specified
in this subparagraph, with a waiver of subrogation in favor of CONSULTANT and all parties
named as Indemnitees below. Where coverage is provided through the California State
Compensation Insurance Fund, the requirement for a minimum A.M. Best rating does not
apply.
20.1.3 Commercial General Liability. The policy must include the following:
• Consultant shall maintain commercial general liability (CGL) insurance (Insurance
Services Office (ISO) Form CG 00 01), and if necessary excess/umbrella commercial
liability insurance, with a combined limit of liability of not less than $5,000,000 each
occurrence.
• The policy shall, at a minimum, include coverage for any and all of the following:
bodily injury, property damage, personal injury, broad form contractual liability
(including coverage to the maximum extent possible for the indemnifications in this
Contract), premises-operations (including explosion, collapse and underground
coverage), duty to defend in addition to (without reducing) the limits of the policy(ies),
and products and completed operations.
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o $2,000,000 per occurrence limit for property damage or bodily injury
o $1,000,000 per occurrence limit for personal injury and advertising injury
o $2,000,000 per occurrence limits for products/completed operations coverage
(ISO Form 20 37 10 01) if RCTC’s Procurement Manager determines it is in
RCTC’s best interests to require such coverage,
o If a general aggregate applies, it shall apply separately to this project/location. The
project name must be indicated under “Description of Operations/Locations” (ISO
Form CG 25 03 or CG 2504).
• Coverage is to be on an “occurrence” form. “Claims made” and “modified
occurrence” forms are not acceptable.
• A copy of the declaration page or endorsement page listing all policy endorsements
for the CGL policy must be included.
All subconsultants of any tier performing any portion of the Work for CONSULTANT shall
also obtain and maintain the CGL insurance coverage with limits not less than:
• Each occurrence limit: $1,000,000
• General aggregate limit: $2,000,000
• Personal injury and advertising limit $1,000,000
• Products-completed operations aggregate limit $2,000,000
All subconsultants’ and sub-subconsultants’ deductibles or self -insured retentions must be
acceptable to RCTC’s Procurement Manager.
20.1.4 Umbrella/Excess CGL. The policy must include the following:
• If the CONSULTANT elects to include an umbrella or excess policy to cover any of
the total limits required beyond the primary commercial general liability policy limits
and/or the primary commercial automobile liability policy limits, then the policy must
include the following:
o The umbrella or excess policy shall follow form over the CONSULTANT’s
primary general liability coverage and shall provide a separate aggregate limit
for products and completed operations coverage.
o The umbrella or excess policy shall not contain any restrictions or exclusions
beyond what is contained in the primary policy.
o The umbrella or excess policy shall contain a clause stating that it takes effect
(drops down) in the event the primary limits are impaired or exhausted.
o The umbrella or excess policy must also extend coverage over the automobile
policy if it is to be used in combination with the primary automobile policy to
meet the total insurance requirement limits.
There shall be no statement limiting the coverage provided to the parties listed as
additionally insureds or as indemnitees below.
20.1.5 Commercial Auto. The policy must include the following:
• A total limit of liability of not less than $5,000,000 each accident. This total limit of
liability may be met by combining the limits of the primary auto policy with an
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umbrella or excess policy in accordance with subparagraph 4 (Umbrella/Excess
CGL) of Section A of this Article.
• Such insurance shall cover liability arising out of any vehicle, including owned,
hired, leased, borrowed and non-owned vehicles assigned to or used in performance
of the CONSULTANT services.
o Combined Bodily Injury and Property Damage Liability insurance
The commercial automobile liability insurance shall be written on the most recent
edition of ISO Form CA 00 01 or equivalent acceptable to RCTC.
20.2 General Provisions
20.2.1 Qualifications of Insurance Carriers. All policies written by insurance carriers shall
be authorized and admitted to do business in the state of California with a current A.M.
Best rating of A-VIII or better. Professional Liability and Pollution Liability policies
may be from non-admitted carriers provided they are authorized and licensed in the
state of California and meet the current A.M. Best rating of A: VIII or better.
20.2.2 Additional Insurance Coverage. All policies, except those for Workers’
Compensation and Professional Liability insurance, shall be endorsed by ISO Form
CG 20 10 11 85, or if not available, then ISO Form CG 20 38, to name Riverside
County Transportation Commission and its officers, directors, members, employees,
agents and volunteers, as additional insureds (“Additional Insureds”). With respect
to general liability arising out of or connected with work or operations performed by
or on behalf of the CONSULTANT under this Contract, coverage for such Additional
Insureds shall not extend to liability to the extent prohibited by section 11580.04 of
the Insurance Code. The additional insured endorsements shall not limit the scope of
coverage for RCTC to vicarious liability but shall allow coverage for RCTC to the
full extent provided by the policy.
20.2.3 Proof of Coverage. Evidence of insurance in a form acceptable to RCTC’s
Procurement Manager, including declarations pages of each policy, certificates of
insurance and the required additional insured endorsements, shall be provided to
RCTC’s Procurement Manager prior to issuance of the NTP or prior to commencing
any Work, as RCTC specifies. Certificate(s) of insurance, as evidence of the required
insurance shall: be executed by a duly authorized representative of each insurer; show
compliance with the insurance requirements set forth in this Article; set forth
deductible amounts applicable to each policy; list all exclusions which are added by
endorsement to each policy; and also include the Contract Number and the RCTC
Project Manager’s name on the face of the certificate. If requested in writing by
RCTC, CONSULTANT shall submit complete copies of all required insurance
policies within ten (10) business days of a written request by RCTC.
20.2.4 Deductibles. Regardless of the allowance of exclusions or deductibles by RCTC,
CONSULTANT shall be responsible for any deductible amount and shall warrant that
the coverage provided to RCTC is consistent with the requirements of this Article.
CONSULTANT will pay, and shall require its sub -consultants to pay, all deductibles,
co-pay obligations, premiums and any other sums due under the insurance required in
this Article. All deductibles will be in amounts acceptable to RCTC’s Procurement
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Manager. CONSULTANT will advise RCTC in writing as to the amounts of any
deductible, or as to any increase in any insurance deductible under any insurance
required above. There will be no deductibles in excess of $250,000 per occurrence,
loss or claim under the insurance. There shall be no self-insured retention. RCTC will
have the right, but not the obligation, to pay any deductible due under any insurance
policy. If RCTC pays any sums due under any insurance required above, RCTC may
withho ld said sums from any amounts due CONSULTANT. The policies shall not
provide that any deductible, or other payment required under the policy can be paid
only by the named insured, and not by an additional insured.
20.2.5 CONSULTANT’s and Subconsultants’ Insurance will be Primary. All policies
required to be maintained by the CONSULTANT or any subconsultant with the
exception of Professional Liability and Worker’s Compensation shall be endorsed,
(with a form at least as broad as ISO Form CG 20 01 04 13), to be primary coverage,
and any coverage carried by any of the Additional Insureds shall be excess and non-
contributory. Further, none of CONSULTANT’s or subconsultants’ pollution,
automobile, general liability or other liability policies (primary or excess) will contain
any cross-liability exclusion barring coverage for claims by an additional insured
against a named insured.
20.2.6 Waiver of Subrogation Rights. To the fullest extent permitted by law,
CONSULTANT hereby waives all rights of recovery under subrogation against the
Additional Insureds named herein, and any other consultant, subconsultant or sub-
subconsultant performing work or rendering services on behalf of RCTC, in
connection with the planning, development and construction of the Project. To the
fullest extent permitted by law, CONSULTANT shall require similar written express
waivers and insurance clauses from each of its subconsultants of every tier.
CONSULTANT shall require all of the policies and coverages required in this Article
to waive all rights of subrogation against the Additional Insureds (ISO Form CG 24
04 05 09). Such insurance and coverages provided shall not prohibit CONSULTANT
from waiving the right of subrogation prior to a loss or claim.
20.2.7 Cancellation. If any insurance company elects to cancel or non-renew coverage for
any reason, CONSULTANT will provide RCTC thirty (30) days prior written notice
of such cancellation or nonrenewal. If the policy is cancelled for nonpayment of
premium, CONSULTANT will provide RCTC ten (10) days prior written notice. In
any event, CONSULTANT will provide RCTC with a copy of any notice of
termination or notice of any other change to any insurance coverage required herein
which CONSULTANT receives within one business day after CONSULTANT
receives it by submitting it to RCTC at mwallace@rctc.org to the attention of RCTC’s
Procurement Manager, and by depositing a copy of the notice in the U.S. Mail in
accordance with the notice provisions of this Contract.
20.2.8 Enforcement. RCTC may take any steps as are necessary to assure CONSULTANT’s
compliance with its insurance obligations as identified within this Article. Failure to
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continuously maintain insurance coverage as provided herein is a material breach of
contract. In the event the CONSULTANT fails to obtain or maintain any insurance
coverage required, RCTC may, but is not required to, maintain this coverage and
charge the expense to the CONSULTANT or withhold such expense from amounts
owed CONSULTANT, or terminate this Contract. The insurance required or provided
shall in no way limit or relieve CONSULTANT of its duties and responsibility under
the Contract, including but not limited to obligations to indemnify, defend and hold
harmless the Indemnitees named below. Insurance coverage in the minimum amounts
set forth herein shall not be construed to relieve CONSULTANT for liability in excess
of such coverage, nor shall it preclude RCTC from taking other actions as available to
it under any other provision of the Contract or law. Nothing contained herein shall
relieve CONSULTANT, or any subconsultant of any tier of their obligations to
exercise due care in the performance of their duties in connection with the Work, and
to complete the Work in strict compliance with the Contract.
20.2.9 No Waiver. Failure of RCTC to enforce in a timely manner any of the provisions of
this Article shall not act as a waiver to enforcement of any of these provisions at a later
date.
20.2.10 Subconsultant Insurance. Insurance required of the CONSULTANT shall be also
provided by subconsultants or by CONSULTANT on behalf of all subconsultants to
cover their services performed under this Contract. CONSULTANT may reduce types
and the amounts of insurance limits provided by subconsultants to be proportionate to
the amount of the subconsultant’s contract and the level of liability exposure for the
specific type of work performed by the subconsultant. CONSULTANT shall be held
responsible for all modifications, deviations, or omissions in these insurance
requirements as they apply to subconsultant.
20.2.11 Higher limits. If CONSULTANT maintains higher limits than the minimums shown
above, RCTC shall be entitled to coverage for the higher limits maintained by
CONSULTANT. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to RCTC.
20.2.12 Special Risks or Circumstances. RCTC reserves the right to modify any or all of the
above insurance requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
ARTICLE 21. INDEMNITY
21 .1 To the extent, but only to the extent, that CONSULTANT’s Work falls within the scope of Civil
Code Section 2782.8, the following indemnification is applicable:
CONSULTANT shall indemnify and defend (with legal counsel reasonably approved by RCTC)
Riverside County Transportation Commission , and its officers, directors, members, employees,
agents and volunteers (collectively the “Indemnitees”) from any and all losses, damages,
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liability, actions, and/or costs for claims that arise out of, pertain to, or are related to the
negligence, recklessness, or willful misconduct of the design professional.
21 .2 For all other Work, CONSULTANT agrees to indemnify, defend (with legal counsel reasonably
approved by RCTC) and hold harmless the Indemnitees, from any and all claims, actions, losses,
damages and/or liability (“Claims”) arising out of or related to any act or omission of consultant
or any of its officers, employees, agents, subconsultants or volunteers and for any costs or
expenses incurred by RCTC on account of any such Claims except where such indemnification
is prohibited by law. This indemnification provision shall apply regardless of the existence or
degree of fault of indemnitees. CONSULTANT’s indemnification obligation applies to RCTC’s
“active” as well as “passive” negligence but does not apply to RCTC’s “sole negligence” or
“willful misconduct” within the meaning of Civil Code Section 2782.
ARTICLE 22. ERRORS AND OMISSIONS
CONSULTANT shall be responsible for the professional quality, technical accuracy, and
coordination of all Work required under this Contract. CONSULTANT shall be liable for RCTC’s
costs resulting from errors or deficiencies in Work furnished under this Contract, including but not
limited to any fines, penalties and damages.
ARTICLE 23. OWNERSHIP OF DOCUMENTS
All deliverables, including but not limited to, reports, worksheets, and other data developed by
CONSULTANT under this Contract shall become the sole property of RCTC when prepared, whether
delivered to RCTC or not.
ARTICLE 24. SUBCONTRACTS
24 .1 CONSULTANT shall not subcontract performance of all or any portion of Work under this
Contract, except to those subconsultants listed in the CONSULTANT's proposal, without first
notifying RCTC in writing of the intended subcontracting and obtaining RCTC's written
approval of the subcontracting and the subconsultant. The definition of subconsultant and the
requirements for subconsultants hereunder shall include all subcontracts at any tier.
24 .2 CONSULTANT agrees that any and all subconsultants of CONSULTANT performing Work
under this Contract will comply with the terms and conditions of this Contract applicable to
the portion of Work performed by them. CONSULTANT shall incorporate all applicable
provisions of this Contract into their subcontracts regardless of the tier. If requested by RCTC,
CONSULTANT shall furnish RCTC a copy of the proposed subcontract for RCTC's approval
of the terms and conditions thereof and shall not execute such subcontract until RCTC has
approved such terms and conditions. RCTC’s app roval shall not be unreasonably withheld.
24 .3 Approval by RCTC of any Work to be subcontracted and the subconsultant to perform said
Work will not relieve CONSULTANT of any responsibility or liability in regard to the
acceptable and complete performance of said Work. Any substitution of subconsultants must
be approved in writing by RCTC. CONSULTANT shall have the sole responsibility for
managing of their subconsultants, including resolution of any disputes between
CONSULTANT and its subconsultants.
ARTICLE 25. INSPECTION OF OPERATIONS
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RCTC its designees, representatives and agents shall at all times have access during normal business
hours to CONSULTANT's operations and products wherever they are in preparation or progress, and
CONSULTANT shall provide suf ficient, safe, and proper facilities for such access and inspection
thereof. Inspection or lack of inspection by RCTC shall not be deemed to be a waiver of any of their
rights to require CONSULTANT to comply with the Contract or to subsequently reject unsatisfactory
Work or products.
ARTICLE 26. INDEPENDENT CONTRACTOR
CONSULTANT is and shall be at all times an independent contractor. Accordingly, all Work
provided by CONSULTANT shall be done and performed by CONSULTANT under the sole
supervision, direction and control of CONSULTANT. RCTC shall rely on CONSULTANT for results
only, and shall have no right at any time to direct or supervise CONSULTANT or CONSULTANT's
employees in the performance of Work or as to the manner, means and methods by which Work is
performed. All personnel furnished by CONSULTANT under this Contract, and all representatives
of CONSULTANT, shall be and remain the employees or agents of CONSULTANT or of
CONSULTANT's subconsultant(s) at all times, and shall not at any time or for any purpose
whatsoever be considered employees or agents of RCTC.
ARTICLE 27. ATTORNEY’S FEES
If any legal action is instituted to enforce or declare any Party’s rights under the Contract, each Party,
including the prevailing Party, must bear its own costs and attorneys’ fees. This Article shall not
apply to those costs and attorneys’ fees directly arising from any third party legal action against a
Party hereto and payable under the “Indemnity” provision of the Contract.
ARTICLE 28. GOVERNING LAW AND VENUE
This Contract shall be subject to the law and jurisdiction of the State of California. The Parties
acknowledge and agree that this Contract was entered into and intended to be performed in whole or
substantial part in San Bernardino County, California. The Parties agree that the venue for any action
or claim brought by any Party to this Contract will be the Superior Court of California, San Bernardino
County. Each Party hereby waives any law or rule of court which would allow them to request or
demand a change of venue. If any action or claim concerning this Contract is brought by any third
party, the Parties hereto agree to use their best efforts to obtain a change of venue to the Superior
Court of California, San Bernardino County.
ARTICLE 29. FEDERAL, STATE AND LOCAL LAWS
CONSULTANT warrants that in the performance of this Contract, it shall comply with all
applicable federal, State and local laws, ordinances, rules and regulations.
ARTICLE 30. PRECEDENCE
30 .1 The Contract consists of the Contract Articles, Exhibit A “Scope of Work,” and Exhibit B
“Cost Proposal,” RCTC’s Request For Proposal, and CONSULTANT’s proposal, all of which
are incorporated in this Contract by this reference.
30 .2 The following order of precedence shall apply: first, the Contract Articles; second, Exhibits
A and B; third, RCTC’s Request For Proposal; and last, CONSULTANT's Proposal. In the
event of a conflict between the Contract Articles and the Scope of Work, the Contract Articles
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will prevail.
30 .3 In the event of an express conflict between the documents listed in this Article, or between
any other documents, which are a part of the Contract, CONSULTANT shall notify RCTC in
writing within three (3) business days of its discovery of the conflict and shall comply with
RCTC's resolution of the conflict.
ARTICLE 31. COMMUNICATIONS AND NOTICES
Notices sent by mail shall be by United States Mail, postage paid, certified mail (return receipt
requested). Any and all notices permitted or required to be given hereunder shall be deemed duly
given and received: (a) upon actual delivery, if delivery is personally made or if made by fax or email
during regular business hours; (b) the first business day following delivery by fax or email when made
not during regular business hours; or (c) the fourth business day following deposit of such notice into
the United States Mail. Each such notice shall be sent to the respective Party at the address indicated
below or to any other address as the respective Parties may designate from time to time by a notice
given in accordance with this Article. CONSULTANT shall notify RCTC of any contact information
changes within ten (10) business days of the change.
To CONSULTANT To RCTC
4080 Lemon St., 3rd Floor
Riverside, CA 92501
Attn: Attn: Brian Cunanan
Email: Email: bcunanan@rctc.org
Phone: Phone: (951) 787-7141
2 nd Contact: Copy: Procurement
Email: Email: jmendoza@rctc.org
ARTICLE 32. DISPUTES
32 .1 In the event any dispute, other than an audit, arises between the Parties in connection with this
Contract (including but not limited to disputes over payments, reimbursements, costs,
expenses, Work to be performed, Scope of Work and/or time of performance), the dispute
shall be decided by RCTC’s Procurement Manager within thirty (30) calendar days after
notice thereof in writing, which shall include a particular statement of the grounds of the
dispute. If CONSULTANT does not agree with the decision, then CONSULTANT shall have
ten (10) calendar days after receipt of the decision in which to file a written appeal with
RCTC’s Executive Director. If the Executive Director fails to resolve the dispute in a manner
acceptable to CONSULTANT, then such dispute is appealable to a court of competent
jurisdiction.
32 .2 During resolution of the dispute, CONSULTANT shall proceed with performance of the
Contract with due diligence.
ARTICLE 3 3. GRATUITIES
CONSULTANT, its employees, agents, or representatives shall not offer or give to any officer,
official, agent or employee of RCTC any gift, entertainment, payment, loan, or other gratuity.
ARTICLE 3 4. REVIEW AND ACCEPTANCE
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All Work performed by CONSULTANT shall be subject to periodic review and approval by RCTC
at any and all places where such performance may be carried on. Failure of RCTC to make such
review, or to discover defective work, shall not prejudice the rights of RCTC at the time of final
acceptance. All Work performed by CONSULTANT shall be subject to periodic and final review and
acceptance by RCTC upon completion of all Work.
ARTICLE 35. CONFIDENTIALITY
Any RCTC communications or materials to which CONSULTANT or its subconsultants or agents
have access, or materials prepared by CONSULTANT under the terms of this Contract, shall be held
in confidence by CONSULTANT, who shall exercise reasonable precautions to prevent the disclosure
of confidential information to anyone except as expressly authorized by RCTC. Any communications
with or work product of RCTC’s legal counsel to which CONSULTANT or its subconsultants or
agents have access in performing work under this Contract shall be subject to the attorney -client
privilege and attorney work product doctrine, and shall be confidential. CONSULTANT shall not
release any reports, information or promotional material or allow for the use of any photos related to
this Contract for any purpose without prior written approval of RCTC.
ARTICLE 36. EVALUATION OF CONSULTANT
CONSULTANT’s performance may be evaluated by RCTC periodically throughout the Contract
performance period, such as at the completion of certain milestones as identified in Exhibit A and/or
at the completion of the Contract. A copy of the evaluation will be given to CONSULTANT for their
information. The evaluation information shall be retained as part of the Contract file and may be used
to evaluate CONSULTANT if they submit a proposal on a future RFP issued by RCTC.
ARTICLE 37. SAFETY
CONSULTANT shall strictly comply with all OSHA regulations, local, municipal, state, and federal
safety and health laws, orders and regulations applicable to CONSULTANT's operations in the
performance of Work under this Contract. CONSULTANT shall comply with safety instructions
issued by RCTC and their representatives.
ARTICLE 3 8. DRUG FREE WORKPLACE
CONSULTANT agrees to comply with the Drug Free Workplace Act of 1990 per Government Code
Section 8350 et seq.
ARTICLE 39. ASSIGNMENT
CONSULTANT shall not assign this Contract in whole or in part, voluntarily, by operation of law,
or otherwise, without first obtaining the written consent of RCTC. RCTC’s exercise of consent shall
be within its sole discretion. Any purported assignment without RCTC’s prior written consent shall
be void and of no effect, and shall constitute a material breach of this Contract. Subject to the
foregoing, the provisions of this Contract shall extend to the benefit of and be binding upon the
successors and assigns of the Parties.
ARTICLE 40. DEBARMENT AND SUSPENSION CERTIFICATION
40 .1 This Contract is a covered transaction for purposes of 2 CFR Part 180, as supplemented by 2
CFR Part 1200 . As such, CONSULTANT verifies that neither the CONSULTANT, its
principals, as defined at 2 CFR 180.995, n or affiliates, as defined at 2 CFR 180.905, are
excluded or disqualified as defined at 2 CFR 180.940 and 180.935. CONSULTANT is required
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to comply with 2 CFR 180, Subpart C, and must include the requirement to comply with the
requirements of 2 CFR 180, Subpart C in any lower tier covered transaction it enters into.
40 .2 By signing this Contract, CONSULTANT certifies as follows:
This certification is a material representation of fact relied upon by RCTC. If it is later
determined that CONSULTANT knowingly rendered an erroneous certification, in addition to
remedies available to RCTC, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. CONSULTANT agrees to comply
with the requirements of 2 CFR 180, Subpart C, throughout the term of this Contract and to
include a provision requiring such compliance in its lower tier covered transactions.
ARTICLE 41. PREVAILING WAGE RATES
Intentionally Omitted
ARTICLE 42. CONTINGENT FEE
CONSULTANT warrants, by execution of this Contract, that no person or selling agency has been
employed or retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by CONSULTANT for the purpose of
securing business. For breach or violation of this warranty, RCTC has the right to terminate the
Contract without liability, pay only for the value of the Work actually performed, or in its discretion,
to deduct from the contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
ARTICLE 43. FORCE MAJEURE
CONSULTANT shall not be in default under this Contract in the event that the Work performed by
CONSULTANT is temporarily interrupted or discontinued for any of the following reasons: riots,
wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics, quarantines,
acts of God, acts of government or governmental restraint, and natural disasters such as floods,
earthquakes, landslides, and fires, or other catastrophic events which are beyond the reasonable
control of CONSULTANT and which CONSULTANT could not reasonably be expected to have
prevented or controlled. “Other catastrophic events” does not include the financial inability of
CONSULTANT to perform or failure of CONSULTANT to obtain either any necessary permits or
licenses from other governmental agencies or the right to use the facilities of any public utility where
such failure is due solely to the acts or omissions of CONSULTANT.
ARTICLE 44. WARRANTY
CONSULTANT warrants that all Work performed shall be in accordance with the Contract, and all
applicable professional standards. In the event of a breach of this provision, CONSULTANT shall
take the necessary actions to correct the breach at CONSULTANT’s sole expense. If CONSULTANT
does not take the necessary action to correct the breach, RCTC, without waiving any other rights or
remedies it may have, may take the necessary steps to correct the breach, and CONSULTANT shall
promptly reimburse RCTC for all expenses and costs incurred.
ARTICLE 45. CIVIL RIGHTS
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45 .1 Nondiscrimination. During the term of this Contract, CONSULTANT shall not willfully
discriminate against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability , mental disability medical condition,
genetic information , gender, sex, marital status, gender identity, gender expression, sexual
orientation, age, or military and veteran status. CONSULTANT agrees to comply with the
provisions of Title VI of the Civil Rights Act, as amended, 42 U.S.C. sec. 2000d, section 303
of the Age Discrimination Act of 1975, as amended, 42 U.S.C sec. 6102, section 202 of the
Americans With Disabilities Act of 1990, 42 U.S.C. sec. 12132, and Federal transit law at 49
U.S.C. sec. 5332, and other applicable Federal, State and local laws and regulations and
policies relating to equal employment and contracting opportunities, including laws and
regulations hereafter enacted. In addition, CONSULTANT agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
45 .2 Equal Employment Opportunity. The following equal employment opportunity requirements
apply to the underlying Contract.
45.2.1 Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. sec. 2000e et seq., and Federal transit laws at 49 U.S.C. sec.
5332, CONSULTANT agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor,” 41 CFR Parts 60 et seq., and with any applicable Federal statutes, executive
orders, regulations, and Federal policies that may in the future affect construction activities
undertaking in the course of the Project. CONSULTANT agrees to take affirmative action
to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination ; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition,
CONSULTANT agrees to comply with any implementing requirement FTA may issue.
45.2.2 Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. sec. 623 and Federal transit law at 49 U.S.C. sec. 5332,
CONSULTANT agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, CONSULTANT agrees to comply with any
implementing requirements FTA may issue.
45.2.3 Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C, sec. 12112, CONSULTANT agrees that it will comply with the
requirement of U.S. Equal Employment Opportunity Commission, “Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29
CFR Part 1630, pertaining to employment of persons with disabilities. In addition,
CONSULTANT agrees to comply with any implementing requirements FTA may issue.
45 .3 CONSULTANT shall include the requirements of this Article in each of its subcontracts.
ARTICLE 46. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty
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of perjury that no more than one final unappealable finding of contempt of court by a federal court
has been issued against CONSULTANT within the immediately preceding two -year period due to
CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to
comply with an order of the National Labor Relations Board.
ARTICLE 47. CONFLICT OF INTEREST
47 .1 CONSULTANT shall disclose any financial, business, or other relationship with RCTC that
may have an impact upon the outcome of this Contract. CONSULTANT shall also list current
clients who may have a financial interest in the outcome of this Contract.
47 .2 CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial
or business interest that would conflict with the performance of services under this Contract.
47 .3 Any subcontract in excess of $25,000 entered into as a result of this Contract, shall contain all
of the provisions of this Article.
ARTICLE 48. REBATES, KICKBACKS OR OTHER UNLAWFUL
CONSIDERATION
CONSULTANT warrants that this Contract was not obtained or secured through rebates, kickbacks
or other unlawful consideration, either promised or paid, to any RCTC employee. For breach or
viola tion of this warranty, RCTC shall have the right in its discretion : to terminate the contract without
liability; to pay only for the value of the Work actually performed; or to deduct from the Contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE 49. PROHIBITION OF EXPENDING RCTC, STATE OR FEDERAL
FUNDS FOR LOBBYING
49.1 CONSULTANT certifies, to the best of his or her knowledge and belief, that:
49.1.1 No state, federal or local agency appropriated funds have been paid, or will be paid,
by or on behalf of CONSULTANT, to any person for influencing or attempting to
influence an officer or employee of an agency, Member of the State Legislature or
United States Congress, an officer or employee of the Legislature or Congress, or any
employee of a Member of the Legislature or Congress, in connection with the
awarding of any state or federal contract, the making of any state or federal grant, the
making of any state or federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any state or
federal contract, grant, or loan, or cooperative agreement.
49.1.2 If any funds other than federal appropriated funds have been paid, or will be paid to
any person for making lobbying contacts to, influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, CONSULTANT shall complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance
with its instructions.
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49.2 This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. sec. 1352. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
49.3 CONSULTANT shall require that the language of this Article be included in all lower-tier
subcontracts exceeding $100,000, and that all such subconsultants shall certify and disclose
accordingly.
ARTICLE 50. INCORPORATION OF FTA TERMS
All contractual provisions required by Department of Transportation (DOT) as set forth in Federal
Transit Administration (FTA) Circular 4220.1F, as amended, whether or not expressly set forth in
this Contract, are hereby incorporated by reference into this Contract. Anything to the contrary herein
notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with
other provisions contained in this Contract. CONSULTANT shall not perform any act, fail to perform
any act, or refuse to comply with any RCTC requests which would cause the designated recipient,
subrecipient or RCTC to be in violation of the FTA terms and conditions. If RCTC determines that
a Contract amendment expressly setting forth FTA-required terms is convenient or necessary for
RCTC’s receipt or use of FTA funding for this Contract or the Project, CONSULTANT agrees to
promptly execute such an amendment to this Contract. CONSULTANT’s failure to execute such
amendment within ten business days after RCTC provides CONSULTANT with such amendment
shall be a material breach of this Contract.
ARTICLE 51. FEDERAL CHANGES
CONSULTANT shall at all times comply with all applicable FTA re gulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the agreement
between direct recipient or subrecipient and FTA , as they may be amended or promulgated from time
to time d uring the term of this Contract. CONSULTANT’s failure to comply shall constitute a
material breach of this contract.
ARTICLE 52. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
RCTC and CONSULTANT acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Contract, absent the express
written consent by the Federal Government, the Federal Government is not a party to this Contract
and shall not be subject to any obligations or liabilities to RCTC, CONSULTANT, or any other party
(whether or not a party to this Contract) pertaining to any matter resulting from the underlying
Contract. CONSULTANT agrees to include these requirements in all of its subcontracts.
ARTICLE 53. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
ANDRELATED ACTS
53 .1 CONSULTANT acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. §§3801 et seq., and U.S. DOT regulations, “Program Fraud
Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Accordingly,
by signing this Contract CONSULTANT certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to be made, pertaining to the
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underlying Agreement or the FTA assisted project for which this Contract work is being
performed. In addition to other penalties that may be applicable, CONSULTANT
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose
penalties of the Program Fraud Civil Remedies Act of 1986 on CONSULTANT to the extent
the Federal Government deems appropriate.
53 .2 CONSULTANT also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under
this Contract connected with a project that is financed in whole or part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. §5307 et seq., the Government
reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5323(1) (1) et
seq. on CONSULTANT, to the extent the Federal Government deems appropriate.
53 .3 CONSULTANT shall include the requirements of this Article in all of its subcontracts.
ARTICLE 54. RECYCLED PRODUCTS
CONSULTANT shall comply with all the requirements of Section 6002 of the Resource Conservation
and Recovery Act (RCRA), as amended (42 U.S.C. sec. 6962), including but not limited to U.S.
Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products
Containing Recovered Materials,” 40 CFR part 247, as they apply to the procurement of the items
designated in Subpart B of 40 CFR Part 247. CONSULTANT agrees to include this requirement in
all of its subcontracts.
ARTICLE 55. ENERGY CONSERVATION REQUIREMENTS
CONSULTANT shall comply with mandatory standards and policies relating to energy efficiency,
which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
ARTICLE 56. CLEAN AIR
CONSULTANT shall comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq., and the Federal Water Pollution Control
Act, 33 U.S.C. 1251-1387, as amended. CONSULTANT shall report each violation to RCTC, who
will in turn report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office. CONSULTANT agrees to include this requirement in all of its subcontracts which
exceed $100,000.
ARTICLE 57. CLEAN WATER REQUIREMENTS
CONSULTANT shall comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. CONSULTANT shall
report each violation to RCTC and understands and agrees that RCTC will, in turn, report each
violation as required to assure notification to FTA and appropriate EPA Regional Office.
CONSULTANT agrees to include this requirement in all of its subcontracts which exceed $100,000.
ARTICLE 58. FLY AMERICA REQUIREMENTS
CONSULTANT agrees to comply with 49 U.S.C. § 40118 (the “Fly America” Act) in accordance
with the General Services Administration’s regulations at 41 CFR Part 301 -10, which provide that
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recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air
carriers for the U.S. Government-financed international air travel and transportation of their personal
effects or property, to the extent such service is available, unless travel by foreign air carrier is a
matter of necessity, as defined by the Fly America Act. CONSULTANT shall submit, if a foreign air
carrier was used, an appropriate certification or memorandum adequately explaining why service by
a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall,
in any event, provide a certificate of compliance with the Fly America requirements. CONSULTANT
agrees to include the requirements of this Article in all subcontracts that may involve international air
transportation.
ARTICLE 59. SEISMIC SAFETY REQUIREMENTS
CONSULTANT agrees that any new building or addition to an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of
Transportation Seismic Safety Regulations, 49 CFR Part 41 , and will certify to compliance to the
extent required by the regulation. CONSULTANT also agrees to ensure that all work performed under
this Contract, including work performed by a subconsultant, is in compliance with the standards
required by th e Seismic Safety Regulations and the certification of compliance issued on the project.
ARTICLE 60. DISADVANTAGED BUSINESS ENTERPRISE
RCTC, as the recipient of federal funds, is required to comply with its race -neutral Disadvantaged
Business Enterprise (DBE) program to the maximum extent feasible in all phases of its procurement
practices. The CONSULTANT must certify that it has complied with the requirements of 49 CFR
Part 26.
The CONSULTANT agrees to ensure that DBEs as defined in 49 CFR Part 26 have the opportunity
to participate in the performance of Subcontracts financed in whole or in part with Federal funds
provided under the Contract. In this regard, the CONSULTANT shall take all reasonable steps in
accordance with 49 CFR Part 26 so that DBEs have the opportunity to compete for and perform the
Work. The CONSULTANT shall not discriminate on the basis of race, color, religion, sex, age or
national origin, in the award and performance of DOT-assisted contracts.
The CONSULTANT shall supply sufficient information in its payment applications and supporting
documentation to enable RCTC and the FTA to assess whether CONSULTANT is complying with
its DBE goals. The CONSULTANT shall comply with its FTA approved or non-disapproved DBE
goal program.
ARTICLE 61. ENTIRE DOCUMENT
61.1 This Contract constitutes the sole and only agreement governing the Work and supersedes any
prior understandings, written or oral, between the Parties respecting the Project. All previous
proposals, offers, and other communications, written or oral, relative to this Contract, are
superseded except to the extent that they have been expressly incorporated into this Contract.
61.2 No agent, official, employee or representative of RCTC has any authority to bind RCTC to
any affirmation, representation or warranty outside of, or in conflict with, the stated terms of
this Contract, and CONSULTANT hereby stipulates that it has not relied, and will not rely,
on same.
61.3 Both Parties have been represented or had the full opportunity to be represented by legal
counsel of their own choosing in the negotiation and preparation of this Contract. Therefore,
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17336.00013\32891143.2 \ 25
the language in all parts of this Co ntract will be construed, in all cases, according to its fair
meaning, and not for or against either Party.
ARTICLE 61. CONTRACT
CONSULTANT and RCTC hereby agree that this Contract constitutes the entire agreement which is
made and concluded in duplicate between the two Parties. Each Party for and in consideration of the
payments to be made, conditions mentioned, and work to be performed, agrees to diligently perform
in accordance with the terms and conditions of this Contract as evidenced by the signatures below.
ARTICLE 62. EFFECTIVE DATE
The date that this Contract is executed by RCTC shall be the Effective Date of the Contract.
-------------------------SIGNATURES ARE ON THE FOLLOWING PAGE-------------------------
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17336.00013\32891143.2 \ 26
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the day and year
written below.
CONSULTANT
RCTC
By: By:
Name
Title
Anne Mayer
Executive Director
Date: Date:
APPROVED AS TO FORM:
By:
Best Best & Krieger, Counsel to
Riverside County Transportation
Commission
Date:
149
17336.00013\32891143.2 \ 27
EXHIBIT “A”
“SCOPE OF WORK” – ADDED TO FINAL CONTRACT
EXHIBIT “B”
APPROVED COST PROPOSAL” – ADDED TO FINAL CONTRACT
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17336.00013\32891143.2 \ 28
CERTIFICATE OF COMPLIANCE WITH
INSURANCE REQUIREMENTS
(FORM MUST BE COMPLETED IN ITS ENTIRETY AND BE INCLUDED WITH PROPOSAL OR BID SUBMITTAL)
INSURANCE REQUIREMENTS :(check appropriate boxes below)
Contractor/Consultant has provided a copy of the insurance requirements
contained in the Riverside County Transportation Commission (RCTC ) Contract to
their agent or broker to confirm the ability to meet requirements.
AND
Contractor/Consultant certifies that the company or individual is fully prepared to
secure the necessary insurance coverage and limits federal as detailed in the RCTC
Contract and comply with all insurance requirements.
OR
Consultant has identified areas of conflict with the insurance requirements and has
provided a list of concerns in its response to the RFP and has referenced each section
and page number identified in the RCTC Contract.
Company Information:
Company/Individuals Name
Address
City State Zip Code
Principal Name Title
Principal Signature Date
Phone Email Address
Broker Information:
Broker Name
Address
City State Zip Code
Phone Number Email Address
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17336.00013\32891143.2 \ 29
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS TO BOARD OF DIRECTORS
Government Code Section 84308, 2 California Code of Regulations 18438.1, et seq.
No Member of the Board of Directors or alternates of the Riverside County Transportation Commission shall
receive or solicit a campaign contribution of more than $250 from Bidder or Bidder’s agent during the time of:
1) Bid solicitation; 2) Consideration of Bids received; and 3) Awarding of a contract or execution of a purchase
and sale agreement based on a Bid (collectively referred to as the “Proceeding”), and for 3 months following
the conclusion of the Proceeding. This prohibition does not apply to the awarding of contracts that are
competitively bid. In addition, Directors and alternates cannot participate in any such matters if they have
received more than $250 in campaign contributions within the last year from anyone financially interested in
the P roceeding, such as Bidder and/or Bidder’s agent.
Pursuant to these requirements, Bidder shall disclose any campaign contribution in an amount of more than
$250 made by Bidder, and/or Bidder’s agent, to any Director within 12 months from the date of these Bid
Documents/Request for Proposals (as applicable). For the purpose of this disclosure obligation, contributions
made by Bidder within the preceding 12 months shall be aggregated with those made by Bidder’s agent within the preceding 12 months or the period of the agency relationship between the Bidder and Bidder’s agent,
whichever is shorter. In addition, Bidder and/or Bidder’s agent shall not make a contribution of more than
$250 to a Director or alternate during the Proceeding and for 3 months following the conclusion of the
Proceeding.
The disclosure by Bidder, as set forth, herein, shall be incorporated into the written record of the Proceeding
and shall be made available to the public for inspection and copying.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions
of more than $250 to any RCTC Director or alternate in the 12 months preceding the date of issuance of this
Request for Bids/Requests for Proposals?
YES NO
Board Member Name: Date:
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make
any political contributions of more than $250 to any Board member or alternate?
YES NO
Board Member Name: Date:
Answering yes to either of the two questions above does not preclude RCTC from awarding a bid to your
firm. It does, however, preclude the identified Board member or alternate from participating in the
Bid/contract award process for this Bid/contract.
A current list of the Board of Directors and alternates of the Riverside County Transportation Commission is attached as Attachment A.
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17336.00013\32891143.2 \ 30
BIDDER INFORMATION:
Company Name
Address
City State Zip Code
Bidder Name Title
Bidder Signature Date
Phone Email Address
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17336.00013\32891143.2 \ 31
RCTC BOARD OF DIRECTORS AND ALTERNATES
[PLACEHOLDER TO BE UPDATED WITH CURRENT LIST AT TIME OF AWARD]
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AGENDA ITEM 6
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM: Lorelle Moe-Luna, Multimodal Services Director
Jillian Guizado, Planning and Programming Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: County of Riverside Request for an Increase to the Loan for the Hamner Bridge
Project
STAFF RECOMMENDATION:
This item is for the Commission to approve an $18,668,000 increase to the loan with the County
of Riverside (County) of 2009 Measure A Western County Regional Arterial (MARA) and/or
Transportation Uniform Mitigation Fee (TUMF) Regional Arterial program funds, for a not to
exceed amount of $52,131,000 for construction of the Hamner Bridge Replacement and
Widening Project (Hamner Bridge Project) with the County’s repayment of the loan anticipated
from federal Highway Bridge Program (HBP) funds.
BACKGROUND INFORMATION:
In April 2017, Governor Brown signed Senate Bill (SB) 132, creating and funding the Riverside
County Transportation Efficiency Corridor consisting of five projects in Western Riverside County,
including the Hamner Bridge Project funded for $6.3 million. The Hamner Bridge Project is
located on Hamner Avenue between Sixth Street and Citrus Street in the city of Norco (Norco).
Hamner Avenue is a major arterial that connects Norco and the city of Eastvale (Eastvale) as
shown in the vicinity map in Attachment 1. The project replaces the existing structurally deficient
and functionally obsolete 2-lane bridge (originally built in 1939) over the Santa Ana River with a
longer, wider, multi-purpose bridge that will enhance public safety and traffic circulation. The
County serves as the implementing agency for the project. Following the Commission’s approval
in December 2017, the Commission, County, and the cities of Eastvale and Norco executed
Agreement No. 18-31-074-00 to formalize the process for invoicing of costs incurred for the
project and reimbursement from SB 132 funds passed through the Commission. The agreement
provides for the County to invoice the Commission for reimbursement, and the Commission is
then reimbursed SB 132 funds by California Department of Transportation (Caltrans).
SB 132 funds are programmed for the environmental, design, right of way, and construction
phases. The Hamner Bridge Project qualifies for federal HBP funds through Caltrans, and the
County has submitted the requisite documentation for programming these funds. The estimated
cost for construction is approximately $61.6 million and is funded by the following revenues:
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Agenda Item 6
Table 1. Hamner Bridge Project – Total Construction Cost
Funding Source Amount (in millions)
HBP $ 54.5
SB 132 5.6
TUMF 1.5
Total $ 61.6
The Highway Bridge Program is extremely limited in funding (approximately $300 million per year
statewide) and oversubscribed. Caltrans has developed a separate obligation process for high
cost bridge projects, which are defined as a bridge project with federal funds for a right of way
or construction phase in excess of $20 million. Since the HBP is fiscally constrained, an annual
schedule for disbursement of funds is established in accordance with available programming
capacity. Caltrans has scheduled the obligation of HBP construction funds to the Hamner Bridge
Project over a five-year period as follows:
Table 2. Caltrans’ Projected Obligation of HBP Funds
FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total
$10,000,000 $5,300,000 $0 $19,603,961 $19,603,960 $54,507,921
As depicted in Table 2, the HBP is not anticipated to fully fund the Hamner Bridge Project until
after the project is required by SB 132 to be completed. This creates a cash flow deficit for the
County when constructing this project. Eastvale and Norco asked the County to serve as the
implementing agency given its project delivery expertise; however, the project is not within the
County’s jurisdiction. Therefore, the County does not have the ability or resources to commit
local funds, and the cities also are not in a position to commit local funds to address the cash flow
needs for the project.
In January 2020, the Commission approved several actions related to the Hamner Bridge Project,
including:
•Approving a $33,463,000 loan from MARA and/or TUMF Regional Arterial funds;
•Authorizing the Executive Director to amend the existing agreement with the County,
Norco, and Eastvale related to the loan;
•Authorizing the Executive Director to enter into a new or amend an existing agreement
with Caltrans related to the loan; and
•Authorizing the Executive Director to enter into any new agreements necessary with the
County, Norco, and Eastvale related to the loan.
DISCUSSION:
The County recently received strong, competitive construction bids and anticipates awarding a
construction contract in early December 2020; construction is projected to occur over a 20-
month period. Pursuant to the project obligation of HBP funds as indicated in Table 2, the County
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Agenda Item 6
has tried twice to obligate the federal HBP funds Caltrans has programmed on the Hamner Bridge
Project but, in both instances, has been told funding is not available. Most recently, the lack of
cash flow at the state level is due to the Continuing Resolution passed by Congress to keep the
federal government funded through December 11, 2020. If Congress continues to pass
Continuing Resolutions or, worse yet, goes into a government shutdown, the prospect of the
County timely receiving the $15.3 million due to it for the Hamner Bridge Project narrows.
Based on the projected obligation of HBP funds (Table 2), the County projects a funding shortfall
of $13.7 million in FY 2020/21, $26.1 million in FY 2021/22, and $12.3 million in FY 2022/23, for
a total of approximately $52.1 million. Federal HBP reimbursements are expected in FY 2020/21
at $15.3 million and FYs 2022/23 and 2023/24 at $19.6 million each year, completing the
reimbursement of federal HBP funding.
Commission staff recommends an increase in the loan to the County in the amount of
$18,668,000 in MARA and/or TUMF Regional Arterial funds for a total loan amount not to exceed
$52,131,000 to ensure this critical regional bridge project is delivered on schedule and meets the
requirements set forth by Caltrans for HBP funds and the SB 132 legislative requirement to fully
expend funds by June 30, 2023. If approved, staff will work with Caltrans, the County, and the
cities of Eastvale and Norco to enter into or amend existing agreements to reflect the terms of
the loan as previously authorized by the Commission in January 2020. Staff will continue to work
with Caltrans and the County to minimize the use of local funds, including facilitating
advancement of HBP funds, and will further evaluate the impact the HBP program may have on
other bridge projects in the region.
A budget adjustment is not required as this is a loan rather than an expenditure of funds, and
repayment of the loan is expected upon receipt of the federal funds in FYs 2020/21, 2022/23,
and 2023/24.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2020/21 Amount: $18,668,000
Source of Funds: MARA and/or TUMF Regional Arterial Budget Adjustment: N/A
GL/Project Accounting No.: 266 12301 (MARA loan receivable)
210 12301 (TUMF loan receivable)
Fiscal Procedures Approved: Date: 11/6/2020
Attachment: Project Vicinity Map
157
Hamner Avenue Bridge Replacement
Over Santa Ana River
VICINITY MAP
Hamner Avenue Bridge
Project Location
City of Eastvale
City of Norco
ATTACHMENT 1
158
HAMNER BRIDGE PROJECT
Presentation to the Riverside County Transportation Commission
November 12, 2020
Lorelle Moe-Luna, Multimodal Services Director
1
Vicinity Map
2
Project Benefits
3
•Widens 80 -year old Hamner Bridge from 2 to 6 lanes
•Constructs retaining walls
•Builds adjacent multi -purpose trail and sidewalk
•Widens Hamner north and south of the bridge
When completed, Hamner will be 6 continuous lanes
Multi-Purpose Trail
4
Staff Recommendation
5
Approve an $18,668,000 increase to the loan with the County of
Riverside using 2009 Measure A Western County Regional Arterial
and/or Transportation Uniform Mitigation Fee Regional Arterial
program funds,for a not to exceed amount of $52,131,000 for
construction of the Hamner Bridge Project with the County’s
repayment of the loan anticipated from federal Highway Bridge
Program funds.
QUESTIONS
6
AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: November 12, 2020
TO: Riverside County Transportation Commission
FROM: Executive Committee
SUBJECT:
Implementation and Management Services Agreement between Riverside
County Transportation Commission and Western Riverside County Regional
Conservation Authority
EXECUTIVE COMMITTEE RECOMMENDATION:
This item is for the Commission to:
1)Approve the Implementation and Management Services Agreement No. 21-11-025-00
(Agreement) between RCTC and the Western Riverside County Regional Conservation
Authority (RCA) for an initial five-year term and successive one-year terms thereafter; and
2)Authorize the Chair, pursuant to legal counsel review, to finalize and execute the
Agreement;
3)Approve budget adjustments of $1.8 million and $2 million to increase FY 2020/21
budgeted expenditures and revenues, respectively, related to salaries, benefits and other
costs necessary to implement the Agreement and RCA reimbursements to RCTC; and
4)Approve the revised FY 2020/21 salary ranges.
BACKGROUND INFORMATION:
In August 2020, RCTC received a request from the RCA Executive Committee to consider serving
as its managing agency. Currently, the RCA has a somewhat similar agreement with the County
of Riverside (County). RCA assigned staff are County employees whose salaries and benefits are
funded by RCA. RCA also maintains several agreements with the County for services including
information technology, software, accounting system, land management, and real estate and
right of way services.
On August 12, 2020, the RCTC Executive Committee considered RCA’s request and directed staff
to conduct a 60-day due diligence effort to assess feasibility, identify concerns, and evaluate
opportunities.
As reported at the September 9, 2020 RCTC Executive Committee meeting, due diligence
assessments of implementation mechanism options, policy, financial, legal, contracts and
organization/staffing were conducted and revealed no fatal flaws or implementation
impediments. In addition, opportunities for consolidation of administrative processes, shared
resources and consultant contracts were identified.
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Agenda Item 7
At both RCTC Executive Committee meetings, Commissioners discussed the history of RCA and
the status of the agency, expressed confidence in RCTC’s management, and voiced points of
concern for staff to evaluate during the due diligence effort.
After careful deliberation and research, staff has yet to identify any fatal flaws to entering into
an agreement with RCA and has identified many compelling reasons to move forward. As is often
the case, success will depend on widespread consensus from important stakeholders — chief
among Commissioners themselves.
On October 14, the RCTC Executive Committee reviewed a Draft Implementation and
Management Services Agreement (Agreement) between RCTC and RCA. The RCTC Executive
Committee voted unanimously to forward the Agreement (Attachment 1) and include related
budget actions to the full Commission.
Reasons to Move Forward
Western Riverside County’s Multi Species Habitat Conservation Plan (MSHCP) is the largest
conservation plan of its kind in the country, protecting 146 species and 500,000 acres of open
space. Thanks to the MSHCP and the underlying Section 10, Natural Community Conservation
Plan (NCCP), and Migratory Bird Treaty Act (MBTA) permits, Riverside County has been able to
make progress toward implementation of the Riverside County Integrated Project. While the
value of the permit is hard to quantify, RCTC and other agencies have saved significant amounts
of taxpayer dollars and time from streamlined approvals. Most importantly the commitment to
protecting sensitive habitat and ensuring open space is a key component in enhancing the quality
of life for local residents.
As important as establishing a plan might be, its ongoing implementation is even more critical.
Not surprisingly the largest investor in the plan to date is RCTC, which has provided $153 million
in Measure A funding for habitat acquisition.
Unfortunately, RCA has encountered challenges in recent months in maintaining the momentum
and urgency that was originally generated when the agency was formed in 2004. The agency’s
Executive Director position has not been permanently filled and an update of its nexus study and
fee program has not taken place for more than a decade (though an updated nexus study is
anticipated to be presented to the RCA Board for approval by the end of 2020). At the same time,
the County faces preexisting budgetary challenges which may be exacerbated by the current
COVID-19 crisis. As a result, the ongoing status of the County serving as the managing agency for
RCA is on tenuous ground.
As a vested stakeholder and investor in the MSHCP, having RCTC serve as RCA’s managing agency
offers more long-term support and expertise for the implementation of the MSHCP. Efficiencies
through the consolidation of professional services contracts can be realized over the long-term
and the collaboration between agencies on matters such as land acquisition, public outreach and
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Agenda Item 7
awareness, internal administrative functions, and legislative affairs can be significant. RCTC has
long-standing existing relationships with state and federal resource agencies and a track record
of successful delivery of projects with approvals from those agencies.
Factors to Consider
There are compelling reasons to move forward; however, RCTC staff wishes to be transparent
about setting appropriate expectations, namely: the uncertain and long-term nature of potential
cost-savings; up-front, one-time transition costs; and the need to fully staff both organizations to
meet the expectations of both boards. These challenges were identified by RCTC staff and were
openly discussed by Commissioners at the September and October RCTC Executive Committee
meetings.
RCA and RCTC will work together to seek efficiencies by consolidating professional services
agreements as much as possible. These consolidation efforts could result in cost savings;
however, such savings may not be readily achieved in the short term due to existing contractual
obligations and the time needed for RCTC staff to make professional assessments of how best to
structure the expanded organization. It must be emphasized that, while cost savings are
desirable, it is not the primary goal of the reorganization and it is not realistic to promise that
cost savings can be achieved immediately. Should an Agreement be approved and the transition
take place on January 1, 2021, RCTC staff will begin in-depth assessments of resources and
consultant contracts, while also beginning preparations for the FY 2021/22 budgets for both
agencies.
As presented to the RCTC Executive Committee in September, a 3-stage multi-year
implementation process is necessary to complete the transition requiring sufficient resources to
ensure no harm to existing RCTC projects, programs, and services. In addition, RCA investments
will be necessary to ensure full staff and consultant resources are available to achieve enhanced
MSHCP implementation strategies and fulfill the stated objectives of both agencies’ governing
boards. Costs and timing associated with transitions from County financial and technology
systems have not yet been determined.
RCA is also facing a few one-time costs created by the transition. For example, RCA will pay out
significant leave balances to long-term employees upon their employment termination with the
County and start of employment with RCTC. RCA will also have to make a significant Public
Employees’ Retirement System (PERS) contribution to the County for RCA’s share of the net
pension liability related to County employees service at RCA. RCTC has been able to stay current
with its pension liabilities and will continue to do so with the added RCA staff.
Both agencies will also have to fill positions that have been left vacant during the recent COVID
crisis and due to RCA’s uncertain management direction. RCTC’s strong financial position can
absorb such costs — a significant portion of which will be reimbursed by RCA for its share of costs.
Further, there will be a financial firewall between both organizations. While either agency might
continue to succeed without being fully staffed for a short period of time, combining the staffs
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Agenda Item 7
of two agencies that are not fully staffed is inadvisable without a commitment to the needed
complement of human resources to continue RCTC’s ongoing responsibilities.
A November 12 Executive Committee meeting has been scheduled to review and discuss a
revised organization chart, job descriptions for new classifications, and a revised salary range
schedule. The revised salary range schedule is included in this item as Attachment 2.. The
Executive Committee will also consider approval of and forwarding to the Commission budget
adjustments related to the fiscal impact of the new positions.
DISCUSSION:
To implement RCTC’s role as RCA’s managing agency an agreement is needed between the
agencies that identifies roles and responsibilities of each. It is important to note that this is not
a merger of the two agencies. RCA will continue as a separate legal entity and continue to be
governed by its board. This arrangement would allow RCA the means to contract with RCTC for
the day-to-day administration of the agency and the MSHCP. The attached Agreement outlines
staffing, services, financial, and legal obligations for an initial five-year term.
Highlights of the Agreement and key implementation points to note are as follows:
•RCTC staff (which will now include former County employees assigned to RCA who are
hired by RCTC) will report to and serve under the direction of the RCTC Executive
Committee and Board. The RCTC Executive Director will similarly report to the RCTC
Executive Committee and Board.
•RCTC will be reimbursed for all costs associated with implementing the Agreement.
•Existing statutory and/or joint power authority of both agencies are not impacted by the
Agreement, including but not limited to roles and responsibilities under the MSHCP and
its Implementation Agreement.
•The RCA Board will remain responsible for RCA policy and financial decisions, including
approval of contracts fully funded by RCA.
•RCTC will be responsible for approval of jointly funded and consolidated/shared
contracts.
•RCTC general administrative policies and processes including procurement of consultant
and vendor contracts will be utilized.
On October 14, the RCTC Executive Committee unanimously supported bringing this item and
related budget actions forward to the full Commission for consideration. In connection with
approval of the Agreement, Commission approval is required for FY 2020/21 budget adjustments
of $1.8 million to increase expenditures and $2 million to increase revenues. Increased
expenditures relate primarily to salaries and benefits for former RCA staff, new positions, and
RCTC staff with increased responsibilities, and increased revenues relate to RCA reimbursements
for salaries and benefits, indirect costs, and other direct costs in accordance with the Agreement.
These budget adjustments include the budget adjustments considered by the Executive
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Agenda Item 7
Committee at its meeting earlier today, on November 2, 2020, the RCA board unanimously
approved the Agreement along with budget adjustments necessary for RCA implementation.
NEXT STEPS:
Upon Commission approval, the following schedule is anticipated with a goal of the Agreement
being effective by January 1, 2021.
RCA Board Consideration of Agreement/Budget Action November 2
RCTC Board Consideration of Agreement/Budget Action November 12
Conditional Job Offers to Existing RCA-assigned County Staff November 12
RCA Board/County of Riverside Terminate Existing Agreement December TBD
Effective Date of RCTC/RCA Agreement January 1, 2021
Financial Information
In Fiscal Year
Budget: No Year: FY 2020/21 Amount: $2,000,000 (revenues)
$1,800,000 (expenditures)
Source of
Funds:
Primarily RCA reimbursements
(for its share of costs) and RCTC
sources (such as Measure A, Local
Transportation Fund,
Transportation Uniform
Mitigation Fees, Motorist
Assistance and other for RCTC’s
share of new positions)
Budget Adjustment: Yes
GL/Project
Accounting No.:
XXXXXX 416 41608 0000 XXX 67 41608 $1,700,000 (local revenues)
001101 416 41608 0000 101 11 41608 $100,000 (local revenues)
001001 XXX 59015 0000 101 1X 59015 $200,000 (administration transfers in)
XXXXXX 60001 00000 0000 XXX 67 60001 $1,600,000 (salaries/benefits)
001001 60001 00000 0001 101 1X 60001 $160,000 (salaries/benefits)
001101 65520 00000 0001 101 11 65520 $40,000 (professional services)
Fiscal
Procedures
Approved:
Date: 11/02/2020
Attachments:
1)Draft Implementation and Managing Services Agreement No. 21-11-025-00
2)FY 2020/21 Salary Ranges
163
DRAFT
10/7/20 IMPLEMENTATION AND MANAGEMENT SERVICES AGREEMENT
BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND WESTERN RIVERSIDE COUNTY
REGIONAL CONSERVATION AUTHORITY
This Management Services Agreement (“Agreement”) is made and entered into as of this
___ day of ______, 2020, by and between the Riverside County Transportation Commission
(“RCTC”) and the Western Riverside County Regional Conservation Authority (“RCA”) and
shall become effective as set forth herein. RCTC and RCA are sometimes referred to in this
Agreement individually as a “Party ,” or collectively as “Parties.”
RECITALS
A.WHEREAS, the Western Riverside County Regional Conservation
Authority (“RCA”) is a joint powers authority established in 2004 to implement the Western
Riverside County Multiple Species Habitat Conservation Plan (“MSHCP”), pursuant to
Government Code section 6500 et seq. and other pertinent provisions of law (“RCA JPA”), by
and between the RCA and numerous cities located within western Riverside County and the
County of Riverside; and
B.WHEREAS, the purpose of the RCA is to create a public agency to acquire,
administer, operate and maintain land and facilities to establish habitat reserves for the
conservation and protection of species covered by the MSHCP, and to exercise all other powers
necessary and incidental to accomplishing this purpose; and
C.WHEREAS, Section 3 of the RCA JPA sets forth numerous powers of RCA
in carrying out its purposes, including the power to make and enter into contracts and to employ
agents, consultants, attorneys, and employees. Section 10 of the RCA JPA authorizes RCA
ATTACHMENT 1
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through its Board of the Western Riverside County Regional Conservation Authority (“Board”)
to retain an Executive Director (“Executive Director”); and to administer the MSHCP.
D.WHEREAS, the RCA JPA sets forth certain powers and duties of such
Executive Director, managers, or other p ersonnel of RCA to whom the Board delegates authority;
and
E.WHEREAS, RCTC is a public agency formed pursuant to the County
Transportation Commissions Act (Pub. Util. Code § 130000, et. seq.); and
F.WHEREAS, RCTC is the single largest funder of the MSHCP and has
provided funding in the amount of $153,000,000 toward implementation of the MSHCP; and
G WHEREAS, RCTC relies on the 2004 federal and State permits issued
authorizing Incidental Take of the Covered Species Adequately Conserved resulting from Covered
Activities, including RCTC’s Measure A projects, within the MSHCP Plan Area, subject to and in
accordance with, the MSHCP and the MSHCP Implementing Agreement; and
H.WHEREAS, as the RCA now desires to contract with RCTC to provide
executive d irector services and such other administrative support as required to assist RCA in its
obligations to administer the MSHCP.
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1.APPOINTMENT. RCA hereby retains RCTC, acting through its Executive
Director and/or his or her designees, to serve as the RCA Executive Director and administer this
Agreement on its behalf . Further, RCA retains RCTC to provide such other administrative services
as are necessary through RCTC’s staff and/or consultants to fulfill the needs and requirements of
RCA, and RCTC agrees to provide such services as may be required by RCA, all upon the terms
set forth below.
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2.DUTIES OF RCTC.
A.RCTC shall administer, coordinate, and supervise the activities of
the RCA as set forth in the RCA JPA, and shall act for RCA in accomplishing its purposes, set
forth in Section 1 of the RCA JPA . RCTC, acting through such RCTC personnel, attorneys and
consultants as RCTC, shall from time to time contract with and/or appoint personnel and
consultants to provide the services described below.
B.The services hereunder shall include, but not be limited to:
1.Preparation of Board and Committee agendas and provide staff
support for Board and Committee meetings;
2.Oversee the implementation of the MSHCP, including, without
limitation, the duties and responsibilities of Executive Director
found in Section 6.6.3(B), and related Implementation
Agreements;
3.Administer the RCA Joint Powers Agreement, including all those
responsibilities set forth therein including Section 3 (Powers) and
Section 10 (Executive Director);
4.Prepare State and f ederal reports, including required audits and
an annual budget and amendments;
5.Oversee collection and administration of the MSHCP Local
Development Impact Fee, including preparation of required
ordinances, resolutions, nexus studies, and member agency
audits;
6.Seek, obtain, and administer federal and state funding and grants;
7.Manage consultant contracts and provide legal support and
representation;
8.Provide land acquisition services and oversee land management
and monitoring contracts;
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9.Provide administrative support as required;
10.Provide any other support, as necessary and able, to carry out the
purposes of the MSHCP, the RCA and this Agreement; and
11.Oversee and implement actions and directive s of the RCA
Board.
Nothing in this Agreement will alter RCTC’s roles and responsibilities under the
MSHCP or the Implementing Agreements.
3.OTHER PERSONNEL SERVICES. RCTC may retain, contract with and
appoint additional staff, which shall serve under the exclusive direction of RCTC, as may from
time to time be necessary or convenient to fulfill RCTC’s obligations as the RCA Executive
Director. Such additional staff may be retained as RCTC employees or contractors.
4.TERM; TERMINATION. This Agreement shall be effective for a five -year
term as of the effective date of this Agreement. The term of this Agreement shall commence on
January 1, 2021. Once effective, this Agreement shall continue thereafter for successive one-year
terms without further action by the RCA or RCTC. This Agreement may be terminated at any
time by either party giving the other party 12 months prior written notice.
5.COMPENSATION AND REIMBURSEMENT OF COSTS.
A.RCA shall reimburse RCTC for all costs incurred by RCTC in
fulfilling its obligations under this Agreement, including without limitation indirect overhead
costs, consultant and other costs attributable to this Agreement as set forth in Exhibit A, attached
hereto. Such costs shall also include costs incurred by RCTC since July 1, 2020, related to this
Agreement.
B.Also, such fees and costs shall be invoiced to RCA no more
frequently than once a month. Upon receipt, RCA shall pay all approved fees and costs within 30
days of receipt.
6.INSURANCE AND INDEMNITY.
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A.During the term of the Agreement, RCA shall maintain Commercial
General Liability Insurance with limits not less than $2,000,000 per occurrence. The policies shall
be endorsed to state that RCTC, its directors, officials, officers and employees shall be covered as
additional insured under such policy and that such policy shall be primary to any policies held by
RCTC. Any deductibles shall be declared to RCTC.
B.To the fullest exten t permitted by law, the RCTC shall indemnify,
hold harmless and defend the RCA, its directors, officers, employees, agents and authorized
volunteers, and each of them from and against any and all claims, demands, causes of action,
damages, penalties, judgments, awards, decrees, costs, expenses, attorneys' fees, losses or
liabilities, in law or in equity, of every kind or nature, including but not limited to , personal injury,
bodily injury, wrongful death, and property damage, arising out of the RCTC’s alleged negligence
or wrongful acts related to or in connection with the RCTC’s performance of duties under the
terms and conditions of this Agreement.
C. To the fullest extent permitted by law, the RCA shall indemnify,
hold harmless and defend the RCTC, its directors, officers, employees, agents and authorized
volunteers, and each of them from and against any and all claims, demands, causes of action,
damages, penalties, judgments, awards, decrees, costs, expenses, attorneys' fees, losses or
liabilities, in law or in equity, of every kind or nature, including but not limited to , personal injury,
bodily injury, wrongful death, and property damage, arising out of the RCA’s alleged negligence
or wrongful acts related to or in connection with its performance of its duties under the terms and
conditions of this Agreement.
7.ADMINISTRATION. The RCTC Executive Director shall administer this
Agreement on behalf of the RCTC. The RCA Board of Directors shall administer this Agreement
on behalf of the RCA.
8.COMMON INTEREST. To further their common interests in the MSHCP,
the Parties and their respective counsel have shared, and desire to continue to share, orally, in
writing, and by other means, information concerning the MSHCP and other material that is subject
168
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to the attorney -client privilege, the attorney work product doctrine, and other related or applicable
privileges and protections (collectively, “Common Interest Materials”) without in any way
waiving any applicable privilege, protection, or immunity, or diminishing the confidentiality of
the Common Interest Materials. With these goals in mind, the Parties agree as follows:
A.Exchange of Information. In consideration of their common
interests, the Parties agree that any exchanges among the Parties, their counsel, consultants and/or
experts acting on their behalf (collectively, “Party Affiliates”) of Common Interest Materials does
not waive any privilege, protection, or confidentiality applicable to such materials. The Parties
intend that all privileges, protections, and confidentiality applicable to Common Interest Materials
shared amongst the Parties and/or Party Affiliates under this Agreement will apply to the same
extent as if the Common Interest Materials had not been shared. Without limiting the foregoing,
this Agreement and any drafts thereof are Common Interest Materials.
B.Confidentiality . Each Party will keep all Common Interest
Materials in strict confidence, and will use such materials only as permitted under this Agreement
or as otherwise permitted by the disclosing Party. No Party may disclose Common Interest
Materials to any third party for any purpose, except as otherwise permitted by the disclosing Party.
For th e avoidance of doubt, this Agreement does not restrict a Party from disclosing Common
Interest Materials to its own counsel. Nothing in this Agreement obligates any Party to disclose
to another Party any privileged or confidential information.
C.Injunctive Relief . The Parties agree that the disclosure of any
Common Interest Materials in violation of this Agreement may cause irreparable harm for which
there is no adequate remedy at law. Each Party agrees that immediate injunctive relief is an
appropriate and necessary remedy for violation of this Agreement.
D.Relationship . Nothing in this Agreement creates either: (a) a
fiduciary duty among the Parties or with any third party or (b) an attorney-client relationship
between any attorney and any Party that is not represented by that attorney as its counsel.
169
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9.ASSIGNMENT. This Agreement shall not be assigned by either party, in
whole or in part, without the prior written consent of the other party.
10. NOTICE. A party giving notice as required in this Agreement shall provide
for personal delivery of such notice or shall send such notice by United States mail, postage
prepaid, to the agent and address of the other party as set forth below:
If to RCA: Attn: Executive Director
3403 10th Street, Suite 320
Riverside, CA 92501
United States
Ph one: (951) 955-9700
Fax: (951) 955-8873
If to the RCTC: Attn: Executive Director
4080 Lemon Street
3rd Floor
Riverside, CA 92501
United States
Phone: (951) 787-7141
Fax: (951) 787-7920
11.AMENDMENT; ENTIRE AGREEMENT. This Agreement represents the
entire agreement between the parties with respect to the management services provided by RCTC
to RCA. Any amendment or modification of the provisions of this Agreement must be in writing
and signed by each of the parties hereto.
12.WAIVER. Any waiver by either party of a breach of any of the terms of
this Agreement shall not be construed as a waiver of any succeeding breach of the same or other
term of this Agreement.
13.SEVERABILITY. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the
170
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rest of this Agreement shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
14.GOVERNING LAW AND VENUE. This Agreement and its construction
and interpretation as to validity, performance and breach shall be construed under the laws of the
State of California applicable to agreements both entered into and to be performed in California.
The provisions of the Government Claims Act (Government Code section 900, et
seq.) shall be applicable for any disputes under this Agreement.
Venue shall be within the County of Riverside for any legal or equitable action to
enforce the terms of this Agreement, to declare the rights of the parties under this Agreement, or
for any action which relates to this Agreement in any manner.
15.APPROVAL/COUNTERPARTS. This Agreement and any amendments
thereto must be approved by the RCA Board of Directors and the RCTC Board of Commissioners.
Each party has had the opportunity to participate in drafting and preparation of this Agreement.
Any construction to be made in the Agreement of any of its terms or provisions shall not be
construed against any one party.
This Agreement may be executed in one or more counterparts, all of which together
shall constitute one and the same Agreement. This Agreement may be signed using digital
signatures.
16.STATUS OF RCTC EMPLOYEES. When appropriate, RCTC shall assign
any of its employees to perform the obligations set forth in this Agreement (“RCTC Employees”)
as part of their regular duties for RCTC. The Parties acknowledge and agree that at all times RCTC
Employees shall remain u nder the exclusive control of the RCTC Executive Director or an RCTC
Director or other designee. The RCA shall not have any right to control the manner or means in
which RCTC Employees perform services under this Agreement, including RCTC Employees’
management of consultants. Any concerns regarding performance shall be addressed to RCTC
171
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Ex ecutive Committee or RCTC Executive Director. To this end, RCTC shall have the sole and
exclusive authority to do the following:
(a)Make all decisions regarding the hiring, retention, discipline or
termination of RCTC Employees.
(b)Determine the wages to be paid to RCTC Employees, including any
pay increases or special assignment pay. These wages shall be determined in accordance with
RCTC’s published publicly available pay schedule and shall be subject to changes thereto
approved by the RCTC Commission.
(c)Set the benefits of RCTC Employees, including health and welfare
benefits, retirement benefits, and leave accruals in accordance with RCTC policies.
(d)Evaluate the performance of RCTC Employees through
performance evaluations performed by a management level employee that reports directly to the
RCTC Executive Committee or otherwise provided in the personnel rules adopted by RCTC.
(e)Perform all other functions related to the service, compensation, or
benefits of the RCTC Employees assigned to perform services under this Agreement.
17. CERTIFICATION OF TO EXECUTE THIS AGREEMENT. RCTC and
RCA certify that the individuals signing below on behalf of the party have authority to execute
this Agreement on behalf of the party, and may legally bind the party to the terms and conditions
of this Agreement, and any attachments hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date or dates
indicated below.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
BY:_________________________________
WESTERN RIVERSIDE COUNTY REGIONAL
CONSERVATION AUTHORITY
BY:____________________________________
172
-10 -
Ben Benoit, RCTC Chair Jonathan Ingram, RCA Chair
173
-11 -
EXHIBIT A
Compensation shall be paid to RCTC by the RCA for the services provided under this
agreement. These include:
1.Any reorganization costs as set forth in this Agreement.
2.The cost of performing the services under this Agreement.
3.The reimbursement of indirect overhead costs, non-
employee/consultant fees and costs incurred by RCTC while performing the services hereunder,
which may include, but not be limited to, supplies, legal services, consultant services, equipment,
board member stipends and board member and staff expense reimbursements. The reimbursement
of these costs will be provided at the same rate charged to RCTC unless otherwise approved in
writing by the Parties.
RCTC shall periodically, but no more frequently than monthly nor less frequently
than semiannually, provide an invoice to RCA itemizing charges for the billing period.
174
Rate Type
33 Accountant Monthly $6,300 $7,732 $8,505
17 Accounting Assistant Monthly $4,264 $5,233 $5,757
44 Accounting Supervisor Monthly $8,237 $10,109 $11,120
25 Accounting Technician Monthly $5,183 $6,361 $6,997
17 Administrative Assistant Monthly $4,264 $5,233 $5,757
51 Administrative Services Manager/Clerk of the Board Monthly $9,774 $11,995 $13,195
53 Capital Projects Manager Monthly $10,263 $12,595 $13,855
67 Chief Financial Officer Monthly $14,441 $17,722 $19,495
45 Clerk of the Board Monthly $8,443 $10,362 $11,398
51 Commuter/Motorist Assistance Manager Monthly $9,774 $11,995 $13,195
32 Deputy Clerk of the Board Monthly $6,147 $7,544 $8,298
57 Deputy Director of Finance Monthly $11,315 $13,886 $15,275
57 Deputy Director of Financial Administration Monthly $11,315 $13,886 $15,275
75 Deputy Executive Director Monthly $17,553 $21,542 $23,696
83 Executive Director Monthly $21,335 $26,184 $28,803
63 External Affairs Director Monthly $13,098 $16,075 $17,682
45 Facilities Administrator Monthly $8,443 $10,362 $11,398
53 Financial Administration Manager Monthly $10,263 $12,595 $13,855
35 Financial Analyst Monthly $6,615 $8,119 $8,931
51 Goods Movement Manager Monthly $9,774 $11,995 $13,195
45 Human Resources Administrator Monthly $8,443 $10,362 $11,398
45 IT Administrator Monthly $8,443 $10,362 $11,398
51 Legislative Affairs Manager Monthly $9,774 $11,995 $13,195
35 Management Analyst Monthly $6,615 $8,119 $8,931
63 Multimodal Services Director Monthly $13,098 $16,075 $17,682
63 Planning and Programming Director Monthly $13,098 $16,075 $17,682
51 Planning and Programming Manager Monthly $9,774 $11,995 $13,195
36 Procurement Analyst Monthly $6,777 $8,317 $9,149
53 Procurement Manager Monthly $10,263 $12,595 $13,855
67 Project Delivery Director Monthly $14,441 $17,722 $19,495
51 Public Affairs Manager Monthly $9,774 $11,995 $13,195
67 RCA Deputy Executive Director Monthly $14,441 $17,722 $19,495
63 RCA Director Monthly $13,098 $16,075 $17,682
51 Rail Manager Monthly $9,774 $11,995 $13,195
17 Records Technician Monthly $4,264 $5,233 $5,757
51 Reserve Management/Monitoring Manager Monthly $9,774 $11,995 $13,195
53 Right of Way Manager Monthly $10,263 $12,595 $13,855
25 Senior Administrative Assistant Monthly $5,183 $6,361 $6,997
43 Senior Financial Analyst Monthly $8,041 $9,869 $10,855
43 Senior Management Analyst Monthly $8,041 $9,869 $10,855
13 Senior Office Assistant Monthly $3,868 $4,747 $5,222
43 Senior Procurement Analyst Monthly $8,041 $9,869 $10,855
45 Technical Info Program Manager Monthly $8,443 $10,362 $11,398
63 Toll Operations Manager Monthly $13,098 $16,075 $17,682
71 Toll Program Director Monthly $15,921 $19,539 $21,493
65 Toll Project Manager Monthly $13,753 $16,879 $18,566
53 Toll Technology Manager Monthly $10,263 $12,595 $13,855
51 Transit Manager Monthly $9,774 $11,995 $13,195
(1) Salary Ranges may be adjusted, as approved, by the Commission
Revised as of XX/XX/XXXX and adopted by the Commission as of XX/XX/XXXX
Riverside County Transportation Commission
Salary Range by Class Title
FY20/21 - Effective November 12, 2020
Salary
Range Class Title
Range
Minimum (1)
Control Point
(1)
Range
Maximum (1)DRAFTATTACHMENT 2
175
RCA MANAGING AGENCY
IMPLEMENTATION
AGREEMENT
November 12, 2020
Anne Mayer, Executive Director
1
Timeline, 2020
2
•RCA Executive Committee votes to explore
management transition to RCTCAugust 5
•RCTC directs staff to conduct 60-day due
diligence reviewAugust 12
•RCTC Executive Committee directs staff to
place item on November 12 Commission
agendaOctober 14
•RCA Executive Committee unanimously
approves Management and Implementation
Agreements and Budget AdjustmentOctober 21
•RCA Board of Directors ratifies Executive
Committee action and approves agreement
and budget adjustmentNovember 2
Important Factors
3
•Measure A includes funding for habitat conservation and
requires participation
•146 species coverage
•MSHCP vital to future economic, residential, and
transportation needs of Western Riverside County
–MSHCP is largest conservation plan in the country -500,000 acres
–Nearly 410,000 acres (82%) have been assembled to date
•Ongoing and systemic challenges exist:
–Loss of historical knowledge
–Funding hurdles/COVID-19 impacts
–Nexus Study cannot solely ensure MSHCP completion
RCA Key Objectives
4
•Complete MSHCP and needed land acquisition
•Maintain RCA institutional knowledge
•Create cost efficiencies
•Maximize funding opportunities
•Strengthen presence in Sacramento and DC
•Strengthen public engagement
•Ensure stability of RCA and MSHCP transition to RCTC
by end of 2020
•Proactively maintain and protect existing acquisitions
RCTC Key Objectives
5
•Do no harm to RCTC
•Complete cost recovery
•No assumption of prior RCA financial obligations
•No assumption of existing RCA legal liabilities
•Build political support for the MSHCP
•Protect Measure A investment in MSHCP
•Ensure MSHCP benefit to RCTC projects
•Advance both agencies’ ability to achieve their missions
•Integrate staff into RCTC organization
•Ensure full staffing and resources
•Do it right
Due Diligence Assessment
6
•Implementation mechanism
•Financial
•Legal
•Policy
•Contracts
•Staff/organization
Implementation Agreement
7
•RCTC and RCA will remain separate legal entities
•RCTC staff will continue to serve under the direction of RCTC
Executive Committee and Board
•RCTC will be reimbursed for all RCA costs
•Existing statutory and/or joint powers authority of both agencies
are not impacted
•Roles and responsibilities under MSHCP and its Implementation
Agreement remain
•RCA Board responsible for RCA policy and financial decisions
•RCTC will be responsible for approval of jointly funded and
consolidated/shared contracts
•RCTC general administrative policies and processes including
procurement of consultant and vendor contracts will be used
Organizational Impacts
8
•Create integrated organization
•Generate additional workload for both agencies
•Interim organization: 74 FTE
–19 FTE increase
–Job offers to existing RCA county staff
–4 new joint positions
–Cost sharing
•Will create opportunity for streamlining consultant contracts
•Continue to work with county on transition issues –accounting
systems, IT, building leases, etc.
Implementation Stages
9
STAGE 1: (This fiscal year)
•Make conditional job offers to RCA staff
•On-board new employees from RCA
•Assume overall management responsibilities
•Launch comprehensive organizational analysis
•Review, modify and/or cancel duplicate contracts
(potential cost savings and efficiency gains)
•Begin development of process improvement plan
•Initiate stakeholder outreach
•Continue Nexus Study approval process
Implementation Stages
10
STAGE 2: (2-3 years, starting July 2021)
•Recruit Deputy Executive Director responsible for RCA
•Implement recommendations from organizational analysis
•Enhance public outreach and education regarding MSHCP
•Continue and enhance proactive legislative outreach, grant efforts
•Set priorities for completion of MSHCP, responsible access to
public lands, and policies/procedures regarding ongoing
management of conservation areas
Implementation Stages
11
Stage 3: (2024 and beyond)
•Continue implementing MSHCP
•Continue improving governance structure
•Gradual change in focus from acquisition to maintenance of
acquired land
Necessary Commitments
12
•Continued benefit of MSHCP to RCTC’s mission
•Protecting RCTC’s significant investment in plan
•Maintaining and encouraging local government and
business participation in plan
•Ensuring better government with managing agreement
•Protecting RCTC’s mission
Full commitment of Board is needed to assure:
Recommendations
13
1.Approve the Implementation and Management Services Agreement
No. 21 -11-025 -00 (Agreement) between RCTC and the Western
Riverside County Regional Conservation Authority (RCA) for an
initial five-year term and successive one-year terms thereafter; and
2.Authorize the Chair, pursuant to legal counsel review, to finalize
and execute the Agreement;
3.Approve budget adjustments of $1.8 million and $2 million to
increase FY 2020/21 budgeted expenditures and revenues,
respectively, related to salaries, benefits and other costs necessary to
implement the Agreement and RCA reimbursements to RCTC; and
4.Approve the revised FY 2020/21 salary ranges
DISCUSSIONAND NEXT STEPS
14
From: Tara Byerly
To: Tara Bverly
Cc: Lisa Mobley; John Standiford; Anne Mayer
Bcc:
Subject: Novem r Commission Specia Meeting Agenda - November 12, 2020
Date: Monday, November 9, 2020 12:16:00 PM
Attachments: image001.pnq
Good afternoon Commissioners,
Below please find an updated link to the Agenda for the Special Commission Meeting scheduled for
November 12 @ 9:30 a.m. There was an additional agenda item added to the Discussion Calendar:
County of Riverside Request for an Increase to the Loan for the Hamner Bridge Project.
https://www.rctc.org/wp-content/uploads/2020/11/November-Special-Commission-Agenda.pdf
Please let me know if you have any questions. Thank you.
Respectfully,
Tara Byerly
Deputy Clerk of the Board
Riverside County Transportation Commission
951.787.7141 W 1951.787.7906 F
4080 Lemon St. 3rd FI. I P.O. Box 12008 Riverside, CA 92502
rctc.org
f If in
From:Tara Byerly
To:Tara Byerly
Cc:Lisa Mobley
Subject:RCTC: November Special Commission Meeting Agenda - November 12, 2020
Date:Wednesday, November 4, 2020 2:15:55 PM
Attachments:image001.png
image003.jpg
image005.jpg
image007.jpg
image009.jpg
Good afternoon Commission Alternates,
The November Agenda for the Special Commission meeting scheduled for Thursday, November 12,
2020 @ 9:30 a.m. is now available. PLEASE NOTE: The meeting will be conducted using Zoom
webinar. Please make sure your name appears when you join the meeting so staff will be able to
identify you as a Commissioner. If you will be calling in, please let us know which number you will be
calling from.
https://www.rctc.org/wp-content/uploads/2020/11/November-Special-Commission-Agenda.pdf
Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the meeting will only
be conducted via video conferencing and by telephone. Please follow the instructions below to join
the meeting remotely. For any questions regarding the Zoom meeting or to schedule a test run,
please contact Lisa Mobley at lmobley@rctc.org or 951-288-2680.
Join Zoom Meeting
https://rctc.zoom.us/j/84788198884
Or join by phone:
US: +1 669 900 6833 or +1 253 215 8782
Webinar ID: 847 8819 8884
Thank you,
Tara Byerly
Deputy Clerk of the Board
Riverside County Transportation Commission
951.787.7141 W |951.787.7906 F
4080 Lemon St. 3rd Fl.| P.O. Box 12008 Riverside, CA 92502
rctc.org
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
SPECIAL MEETING
ROLL CALL
NOVEMBER 12 , 2020
Present Absent
County of Riverside, District I X
County of Riverside, District II X
County of Riverside, District III X
County of Riverside, District IV X
County of Riverside, District V X
City of Banning X
City of Beaumont X
City of Blythe X
City of Calimesa X
City of Canyon Lake X
City of Cathedral City X
City of Coachella X
City of Corona X
City of Desert Hot Springs X
City of Eastvale X
City of Hemet X
City of Indian Wells X
City of Indio X
City of Jurupa Valley X
City of La Quinta X
City of Lake Elsinore X
City of Menifee X
City of Moreno Valley X
City of Murrieta X
City of Norco X
City of Palm Desert X
City of Palm Springs X
City of Perris X
City of Rancho Mirage X
City of Riverside X
City of San Jacinto X
City of Temecula X
City of Wildomar X
Governor’s Appointee, Caltrans District 8 X
From:Tara Byerly
To:Tara Byerly
Cc:Lisa Mobley
Subject:Letter of Support for Agenda Item 7 for the Special November Commission Meeting on November 12
Date:Tuesday, November 10, 2020 3:15:44 PM
Attachments:EHL-RCTC-Item6-11.12.20.pdf
image001.png
image003.jpg
image005.jpg
image007.jpg
image009.jpg
Good afternoon Commissioners,
We received a letter of support from Dan Silver, Executive Director for the Endangered
Habitats League for Agenda Item 7, Implementation and Management Services Agreement
Between Riverside County Transportation Commission and Western Riverside County Regional
Conservation Authority, which is scheduled to be approved at the Special Commission meeting
on Thursday, November 12 @ 9:30 a.m.
Please let me know if you have questions. Thank you.
Respectfully,
Tara Byerly
Deputy Clerk of the Board
Riverside County Transportation Commission
951.787.7141 W |951.787.7906 F
4080 Lemon St. 3rd Fl.| P.O. Box 12008 Riverside, CA 92502
rctc.org
8424 SANTA M O NICA B LVD S UITE A 592 LOS A NGELES CA 90069-4267 WWW.EHLEAGUE.ORG PHONE 213.804.2750
E NDANGERED H ABITATS L EAGUE
D EDICATED TO E COSYSTEM P ROTECTION AND S USTAINABLE L AND U SE
ENDANGERED HABITATS LEAGUE
November 5, 2020
Chairperson Ben J. Benoit
Riverside County Transportation Commission
P.O. Box 12008
Riverside, CA 92502-2208
lmobley@rctc.org
RE: RCTC Special Meeting, Nov. 12, 2020, Agenda Item #6: Implementation and
Management Services Agreement between RCTC and WRCRCA – Support
Dear Chairperson Benoit and Members of the Commission:
Endangered Habitats League (EHL) appreciates the opportunity to comment. We
support the proposed agreement between RCA with RCTC for implementation and
management services. For reference, EHL is a conservation group which served on the
original stakeholder group for the MSHCP. Our primary concerns are assembly of the
habitat reserve and maintaining permits and program benefits for all parties.
Preserve assembly and management is a long-term endeavor. Management
services though a larger agency could, after initial costs, provide stability and cost
efficiencies for the RCA. A transition also provides an opportunity for reorganization
where beneficial.
The goals of the two agencies align well. RCTC is a long-term participant in the
MSHCP, and its largest funder. With a history of successful project mitigation and
permit streamlining via the MSHCP, RCTC has a strong interest in its continued success.
RCTC is also experienced in grant applications, funding mechanisms, and real estate, all
of which promise synergy.
Ongoing scientific integrity and adherence to the plan are essential, of course.
Our past experience with RCTC provides confidence that it can provide steady
leadership. Ongoing policy direction from the RCA’s own board provides continuity.
We are proud of the accomplishments of the RCA and of the essential
participation of RCTC. The result has been a new and productive paradigm for
infrastructure mitigation. Because we believe the proposed agreement can result in
mutual benefits, EHL offers its support.
Yours truly,
Dan Silver
Executive Director
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Clerk of the Board
DATE: November 4, 2020
SUBJECT: G.C. 84308 Compliance – Potential Conflict of Interest
California Government Code 84308 states a Commissioner may not participate in any discussion or
action concerning a contract or amendment if a campaign contribution of more than $250 is
received in the past 12 months or 3 months following the conclusion from a bidder or bidder’s agent.
This prohibition does not apply to the awarding of contracts that are competitively bid. The
Commission’s procurement division asks potential vendors to disclose any contributions made to
the campaigns of any Commissioner as part of their submitted bid packets. As an additional
precaution, those entities are included below in an effort to give Commissioners opportunity to
review their campaign statements for potential conflicts. Please note the entities listed in this
memo are not encompassing of all potential conflicts and are in addition to any personal conflicts
of interest such as those disclosed on Statement of Economic Interests – Form 700 or prohibited
by Government Code Section 1090. Please contact me should you have any questions.
Agenda Item No. 5D – Financial Enterprise Resource Planning Software Implementation and
Business Application Procurement and Implementation Consulting Services
Consultant(s): SDI Presence LLC
Sharee L. Wolff, CFO
200 E. Randolph Street, Suite 3550
Chicago, IL 60601
Tyler Technologies, Inc.
Jisel Lopez, Senior Corporate Attorney
1 Tyler Drive
Yarmouth, ME 04096
Agenda Item No. 5E – 15 Express Lanes Administrative Review Hearing Officer Services Agreement
Consultant(s): David Cyprie n, Hearing Officer
24545 Paseo De Toronto
Yorba Linda, CA 92887
RCTC Potential Conflicts of Interest
November 4, 2020
Page 2
Agenda Item No. 5H – Regional 511 Implementation
Consultant(s): Iteris, Inc.
Floyd Amuchie, Controller
1700 Carnegie Ave., # 100
Santa Ana, CA 92705
Media Beef
Michael Hemry, President
6809 Indiana Avenue, Suite 130
Riverside, CA 92506
Agenda Item No. 5I – Agreement for Vanpool Vehicle Leasing Services
Consultant(s): Airport Van Rental Vanpool
Le igh Anne Kitch, AVR Vanpool Project Manager
12911 Cerise Avenue
Hawthorne, CA 90250