HomeMy Public PortalAbout06 June 28, 2021 Budget & Implementation
MEETING AGENDA
Budget and Implementation Committee
Time: 9:30 a.m.
Date: June 28, 2021
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.
COMMITTEE MEMBERS
Lloyd White, Chair / David Fenn, City of Beaumont
Raymond Gregory, Vice Chair / Mark Carnevale, City of
Cathedral City
Kyle Pingree / Alberto Sanchez, City of Banning
Linda Molina / Wendy Hewitt, City of Calimesa
Jeremy Smith / Larry Greene, City of Canyon Lake
Steven Hernandez / Denise Delgado, City of Coachella
Scott Matas / Russell Betts, City of Desert Hot Springs
Bob Magee / Natasha Johnson, City of Lake Elsinore
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / Dennis Woods, City of Palm Springs
Chuck Conder / Erin Edwards, City of Riverside
Alonso Ledezma / Crystal Ruiz, City of San Jacinto
Ben J. Benoit / Joseph Morabito, City of Wildomar
Karen Spiegel, County of Riverside, District II
Chuck Washington, County of Riverside, District III
STAFF
Anne Mayer, Executive Director
Theresia Trevino, Chief Financial Officer
AREAS OF RESPONSIBILITY
Annual Budget Development and Oversight
Competitive Federal and State Grant Programs
Countywide Communications and Outreach Programs
Countywide Strategic Plan
Legislation
Public Communications and Outreach Programs
Short Range Transit Plans
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
BUDGET AND IMPLEMENTATION COMMITTEE
www.rctc.org
AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Monday, June 28, 2021
Pursuant to Governor Newsom’s Executive Order N-29-20, (March 18, 2020), the Budget and
Implementation Committee 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
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For members of the public wishing to submit comment in connection with the Budget and
Implementation Committee Meeting please email written comments to the Clerk of the Board at
lmobley@rctc.org prior to June 27, 2021 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 Committee 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
Budget and Implementation Committee
June 28, 2021
Page 2
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS – Under the Brown Act, the Board should not take action on or discuss
matters raised during public comment portion of the agenda which are not listed on the
agenda. Board members may refer such matters to staff for factual information or to be
placed on the subsequent agenda for consideration. Each individual speaker is limited to
speak three (3) continuous minutes or less.
5. ADDITIONS/REVISIONS (The Committee 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 Committee subsequent to the posting of the agenda. An action adding
an item to the agenda requires 2/3 vote of the Committee. If there are less than 2/3 of the
Committee 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.)
6. 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.
6A. APPROVAL OF MINUTES – MAY 24, 2021
Page 1
7. STATE AND FEDERAL LEGISLATIVE UPDATE
Page 11
Overview
This item is for the Committee to:
1) Receive and file an update on state and federal legislation; and
2) Forward to the Commission for final action.
8. 2022 STATE TRANSPORTATION IMPROVEMENT PROGRAM FUNDING DISTRIBUTION AND
DRAFT FUND ESTIMATE
Page 17
Overview
This item is for the Committee to:
1) Approve the 2022 State Transportation Improvement Program (STIP) funding
distribution among the three geographic areas in Riverside County per the adopted
STIP intracounty Memorandum of Understanding (MOU); and
2) Forward to the Commission for final action.
Budget and Implementation Committee
June 28, 2021
Page 3
9. COUNTYWIDE TRANSIT REPORT: FISCAL YEARS 2017/18 THROUGH 2019/20
Page 21
Overview
This item is for the Committee to:
1) Receive and file the Countywide Transit Report for Fiscal Year 2017/18 through
FY 2019/20; and
2) Forward to the Commission for final action.
10. FISCAL YEAR 2021/22 COMMUTER ASSISTANCE PROGRAM RECOMMENDATIONS
Page 30
Overview
This item is for the Committee to:
1) Approve Agreement No. 21-41-123-00 among the Riverside County Transportation
Commission (Commission), San Bernardino County Transportation Authority (SBCTA),
Los Angeles County Metropolitan Transportation Authority (LACMTA), Orange
County Transportation Authority (OCTA), and Ventura County Transportation
Commission (VCTC), for a total contract amount of $977,719 for Regional Rideshare
Software over a three-year term, including the Commission’s total share of $186,444
inclusive of $18,000 in contingency;
2) Approve Agreement No. 20-41-090-01, Amendment No. 1 to Agreement
No. 20-41-090-00, with SBCTA for Rideshare Program Implementation, removing
Rideshare and Vanpool Software expenses from the Scope of Work and incorporating
them into Agreement No. 21-41-123-00;
3) Approve Memorandum of Understanding No. 21-41-122-00 between LACMTA,
OCTA, RCTC, SBCTA, and VCTC to merge and consolidate the agencies’ rideshare
databases;
4) Adopt Resolution No. 21-013, “Resolution of the Riverside County Transportation
Commission Adopting Amended Guidelines for the Administration of the Measure A
Funded Commuter Incentive Projects as Part of Its Commuter Assistance Program”;
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreements on behalf of the Commission; and
6) Forward to the Commission for final action.
11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
12. COMMISSIONERS / STAFF REPORT
Overview
This item provides the opportunity for the Commissioners and staff to report on attended
and upcoming meeting/conferences and issues related to Commission activities.
Budget and Implementation Committee
June 28, 2021
Page 4
13. ADJOURNMENT
The next Budget and Implementation Committee meeting is scheduled to be held at
9:30 a.m., July 26, 2021, via Zoom.
AGENDA ITEM 6A
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
BUDGET AND IMPLEMENTATION COMMITTEE
Monday, May 24, 2021
MINUTES
1.CALL TO ORDER
The meeting of the Budget and Implementation Committee was called to order by
Chair Lloyd White at 9:30 a.m. via Zoom Meeting ID: 829 3376 1158, pursuant to Governor
Newsom’s Executive Order N-29-20.
2.ROLL CALL
Members/Alternates Present Members Absent
Ben J. Benoit Alonso Ledezma
Denise Delgado* Kyle Pingree
Chuck Conder Jeremy Smith
Raymond Gregory
Jan Harnik
Bob Magee
Scott Matas
Lisa Middleton
Linda Molina
Karen Spiegel
Chuck Washington
Lloyd White
*Arrived after the meeting was called to order.
3.PLEDGE OF ALLEGIANCE
Commissioner Linda Molina led the Budget and Implementation Committee in a flag
salute.
4.PUBLIC COMMENTS
There were no requests to speak from the public.
5.ADDITIONS / REVISIONS
There were no additions or revisions to the agenda.
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At this time, Commissioner Denise Delgado joined the meeting.
6. 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.
M/S/C (Molina/Gregory) to approve the following Consent Calendar item(s):
6A. APPROVAL OF MINUTES – APRIL 26, 2021
6B. APPROPRIATIONS LIMIT FY 2021/22
1) Adopt Resolution No. 21-010 “Resolution of the Riverside County
Transportation Commission Establishing the Annual Appropriations Limit”,
for Fiscal Year 2021/22; and
2) Forward to the Commission for final action.
6C. QUARTERLY FINANCIAL STATEMENTS
1) Receive and file the Quarterly Financial Statements for the nine months
ended March 31, 2021; and
2) Forward to the Commission for final action.
6D. QUARTERLY INVESTMENT REPORT
1) Receive and file the Quarterly Investment Report for the quarter ended
March 31, 2021; and
2) Forward to the Commission for final action.
6E. QUARTERLY SALES TAX ANALYSIS
1) Receive and file the sales tax analysis for Quarter 4, 2020 (4Q 2020); and
2) Forward to the Commission for final action.
6F. FEDERAL TRANSIT ADMINISTRATION PROPOSED TRIENNIAL OVERALL
DISADVANTAGED BUSINESS ENTERPRISE GOAL FOR FEDERAL FISCAL YEARS
2022-2024
1) Approve 11 percent as the Commission’s Federal Transit Administration
(FTA) proposed triennial overall Disadvantaged Business Enterprise (DBE)
race-neutral goal for Federal Fiscal Years (FFY) 2022-24 for the period
October 1, 2021 to September 30, 2024; and
2) Adopt Resolution No. 21-007, “Resolution of the Riverside County
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Transportation Commission Adopting Its Triennial Overall Disadvantaged
Business Enterprise Program Goal (49 CFR Part 26) as it Applies to Funding
Received Directly from the Federal Transit Administration”; and
3) Forward to the Commission for final action.
6G. QUARTERLY PUBLIC ENGAGEMENT METRICS REPORT, JANUARY-MARCH 2021
1) Receive and file the Quarterly Public Engagement Metrics Report for
January-March 2021; and
2) Forward to the Commission for final action.
6H. STATE AND FEDERAL LEGISLATIVE UPDATE
1) Receive and file an update on state and federal legislation; and
2) Forward to the Commission for final action.
6I. POLICY UPDATE ON THE USE OF STATE TRANSIT ASSISTANCE FUNDING BY
OPERATORS
1) Adopt Resolution No. 21-011, “Resolution of the Riverside County
Transportation Commission Regarding the Policy for Use of State Transit
Assistance Funding by Transit Operators”; and
2) Forward to the Commission for final action.
6J. ADOPTION OF RESOLUTION NO. 21-009 TO BECOME THE ACCESS FUND
ADMINISTRATOR FOR THE TRANSPORTATION NETWORK COMPANIES ACCESS
FOR ALL PROGRAM
1) Adopt Resolution No. 21-009, “A Resolution of the Riverside County
Transportation Commission Authorizing the Execution of the Certification
to Serve as the Local Access Fund Administrator (LAFA) for the Access for
All Program for the County of Riverside”;
2) Authorize the Executive Director or designee, pursuant to legal counsel
review, to execute agreements and/or documents related to the
Transportation Network Companies (TNC) Access for All program on behalf
of the Commission; and
3) Forward to the Commission for final action.
7. PROPOSED BUDGET FOR FISCAL YEAR 2021/22
Michele Cisneros, Deputy Director of Finance, presented the proposed FY 2021/22
Budget, highlighting the following areas:
• Budget adjustments and budget summary
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• Revenues/sources by comparison and summary of expenditures, expenses, and
uses
• Management Services, Regional Programs, and Capital Project Development &
Delivery expenditures/uses
• Capital Project highlights, toll operations, function breakdown, and Measure A
Administrative costs
• Next steps
Commissioner Karen Spiegel expressed appreciation to Michele Cisneros for an excellent
and thorough report. She asked about the sales tax and the destination versus point of
sale and if that is how RCTC has always done it.
Michele Cisneros replied RCTC’s Local Transportation Fund (LTF) sales taxes are based on
the point of sale and the Measure A sales taxes are based on destination.
Theresia Trevino, Chief Financial Officer, stated sometimes in the past on their sales tax
presentations on the revenue projections the distinction there is primarily on larger ticket
items like cars. Those automobile sales are based on where the automobile is assumed
to be consumed so that would be assessed to the county where you live. Ms. Trevino
provided an example that if a person lives in San Bernardino County but bought a car in
Riverside County that would not help Measure A.
At this time, Commissioner Spiegel lost her connection.
Vice Chair Raymond Gregory expressed appreciation for the thorough presentation and
referred to the new Public Affairs Manager position as it seems to be mostly funded, and
it comes out of the External Affairs Department and there is an admin portion. He asked
for clarification on what that job is and how does that fit in with the External Affairs
Director, Public Affairs Manager, and other staff in that department.
Commissioner Spiegel rejoined the meeting.
Anne Mayer clarified the new position is a Community Engagement Manager. She
explained when the Executive Committee was considering organizational changes a
Strategic Organization Planning Ad Hoc Committee was formed with some of the
Executive Committee to discuss the organization and where there were gaps and
particular needs. A recommendation came from that ad hoc committee, which is to add
the Community Engagement Manager position. She stated the intent of that position is
to increase and enhance RCTC’s community engagement and what is becoming
increasingly clear a crossed the county is that there are a lot of local and member agencies
where there is a lot going on in each of those jurisdictions. This position will allow RCTC
to engage more in support of RCTC Board Members on issues of importance in their
community. RCTC staff has been attending several city council meetings in Western
Riverside County and has seen it has been very beneficial for staff to understand some of
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the big issues going on in the jurisdictions. There is also an increasing demand for more
stakeholder input and more stakeholder outreach, and more engagement with other
community and business groups. There is also a need for additional engagement with the
tribal governments, while many of RCTC’s projects has specific tribal engagement related
to monitoring of cultural resources during construction. Anne Mayer stated it is
important given the breadth of RCTC’s program that they start establishing more
proactive tribal government relationships to build those relationships before the projects
are implemented. The goal with this position is to enhance RCTC’s engagement in service
of the member agencies, the communities, stakeholders, and tribal governments.
Vice Chair Gregory stated Anne Mayer’s comments helped and it also answered his
question as he wondered why this position was a management level, but this person
would need enough experience to speak or answer for the agency when meeting with
outside entities. Also, to bring the information back and to share it at the appropriate
level and he clarified with Anne Mayer that was correct.
Commissioner Harnik referred to Vice Chair Gregory’s question and comment and stated
the ad hoc committee had a complete and important discussion on that. She explained
one of the things they believe and as Anne Mayer stated RCTC needs to be more proactive
and the more information RCTC has going in all directions the more affective RCTC is and
the better the public can respond to all the projects being done. Commissioner Harnik
asked for clarification on the point of sale with the Measure A.
Michele Cisneros provided an example and stated she lives in San Bernardino County and
always purchases her vehicles in Riverside County and Measure A does not receive the
sales tax for the purchase of her vehicle, but LTF does. The reason is that her vehicle is
being destined to San Bernardino County so San Bernardino County Transportation
Authority (SBCTA) will receive the sales tax on their Measure I.
In response to Commissioner Harnik clarification that any Measure A would be the point
of purchase and proceed use, Michele Cisneros replied no. Measure A is going to be the
destination so wherever the product is going to go that is the county that will receive the
benefit of the sales tax. She stated all the online sales are indicative of the destination
and why the Measure A money has gone up as it is better than expected.
M/S/C (Harnik/Gregory) to:
1) Receive input on the proposed Budget for Fiscal Year (FY) 2021/22;
2) Approve the revised mid-year FY 2020/21 revenue projections of
$210 million for 2009 Measure A revenues for a revenue budget increase
of $15 million and a related local streets and roads expenditure budget
increase of $4,573,000 to reflect the revised FY 2020/21 Measure A
projection;
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3) Approve the revised mid-year FY 2020/21 revenue projections of
$105 million for Local Transportation Fund (LTF) revenues for a revenue
budget increase of $5 million and the related planning allocation
expenditure budget increases of $113,000 and transfer out of $150,000
to reflect the revised FY 2020/21 LTF projection;
4) Approve the revised FY 2021/22 revenue projections of $210 million for
2009 Measure A and $105 million for LTF;
5) Approve the salary schedule effective July 1, 2021, located in Appendix B
of the proposed budget;
6) Authorize the expenditure of $1,025,700 of 91 Express Lanes toll
revenues designated as surplus in accordance with the 2013 Toll Revenue
Bonds Indenture to fund Commission costs related to the development
of agreements related to the funding, construction, operations,
maintenance, and use of toll revenues for the future direct, tolled
connector linking the SR-241 toll road to the 91 Express Lanes (241/91
Connector);
7) Close the public hearing on the proposed Budget for FY 2021/22 at the
June Commission meeting;
8) Adopt the proposed Budget for FY 2021/22; and
9) Forward to the Commission for final action.
8. RECURRING CONTRACTS FOR FISCAL YEAR 2021/22
Jose Mendoza, Procurement Manager, provided a detailed overview for the recurring
contracts for FY 2021/22 including the single and the specialized multi-year contracts, and
the overall cost savings.
Commissioner Spiegel requested the single contracts slide be brought back up and she
asked about the $864,700 drop with Orange County Transportation Authority (OCTA).
Jose Mendoza replied in looking at the OCTA notes there is a $865,000 decrease that is
primarily due to the reduction in the credit card fees, transponder costs, and third-party
contract costs administered by the toll services provider.
In response to Commissioner Spiegel’s question if it is because RCTC is picking up some
of those costs here in Riverside County maybe switching transponders, Mr. Mendoza
replied he does not have that answer and will look to the project manager to answer the
question. Mr. Mendoza stated that information can be provided in the staff report for its
June Commission meeting.
Commissioner Spiegel asked for the specialized multi-year contracts slide to be displayed
and referred to the contracts for FYs 2021/22 – 2025/2026 and asked for clarification
about the amount.
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Jose Mendoza replied for the FY 2025/26 contracts there are only two contracts, which
are Thyssen Krupp and Trillium. He stated for the other four contracts, there is one that
is a two-year term, and the other contracts are a three-year term that is part of the
difference there.
Commissioner Spiegel asked if the amount in the three-year contract and the two-year
contract is in the total amount column. She remembered it being $2. something million,
but on this slide the total for the three-year contracts is $3.9 million and the total for the
five-year contracts is $184,000 and she is trying to figure out what numbers to look at.
Jose Mendoza replied for the multi-year contracts there are two dollar amounts there, it
is $1.3 million for the first year for FY 2021/22 and then the subsequent years for the six
multi-year contracts is a total of $2.8 million.
M/S/C (Gregory/White) to:
1) Approve the single-year recurring contracts in an amount not to exceed
$15,679,516 for Fiscal Year (FY) 2021/22;
2) Approve the recurring multi-year contracts for specialized services on
long-term projects in an amount not to exceed $1,373,967 in FY 2021/22
and $2,801,989 in FYs 2022/23 – 2025/26;
3) Authorize the Chair or Executive Director, pursuant to legal counsel
review, to execute the agreements on behalf of the Commission; and
4) Forward to the Commission for final action.
9. APPROVAL OF METROLINK OPERATING AND CAPITAL SUBSIDIES FOR FISCAL YEAR
2021/22 AND RELATED MEMORANDUM OF UNDERSTANDING
Sheldon Peterson, Rail Manager, presented the annual Metrolink Budget update,
highlighting the following:
• RCTC and Metrolink
• FY 21 highlights
• Ridership decline by Metrolink line
• COVID-19 recap
• Ridership recovery scenarios December 2020 update
• FY 22 highlights/goals and financial impact
M/S/C (Spiegel/White) to:
1) Receive and file a report on highlights from the Southern California
Regional Rail Authority’s (SCRRA) services;
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2) Approve the Fiscal Year 2021/22 SCRRA operating and capital budget,
which results in an operating subsidy of $21,474,584 and capital subsidy
of $4,293,459 for the Commission;
3) Authorize the Executive Director to finalize and execute Memorandum
of Understanding (MOU) No. 21-25-093-00 with SCRRA regarding annual
funding, including subrecipient matters related to pass-through of
federal funding; and
4) Forward to the Commission for final action.
10. FISCAL YEAR 2021/22 SHORT RANGE TRANSIT PLAN UPDATES AND TRANSIT FUNDING
ALLOCATIONS
Eric DeHate, Transit Manager, presented the FY 2021/22 Short Range Transit Plan (SRTP)
updates and the funding allocations, highlighting the following areas:
• The Transit Operators in Riverside County, what is a SRTP, RCTC’s role and the
Transit Operator’s role, and COVID-19 impacts on transit
• Total funding overview, FY 2021/22 funding distribution by operator, and
FY 2021/22 funding source breakdown
At this time, Commissioners Benoit and Washington left the meeting.
M/S/C (Molina/Middleton) to:
1) Approve the Fiscal Years 2021/22 – FY 2023/24 Draft Short Range Transit
Plans (SRTPs) for the cities of Banning (Banning), Beaumont (Beaumont),
Corona (Corona), and Riverside; Palo Verde Valley Transit Agency
(PVVTA); Riverside Transit Agency (RTA); SunLine Transit Agency
(SunLine); and the Commission’s FY 2021/22 – 2025/26 SRTP for the Rail
and Vanpool Programs;
2) Approve Fiscal Year 2021/22 Transit Operator Funding Allocations of
2009 Measure A, Local Transportation Funds (LTF), State Transit
Assistance (STA), and State of Good Repair (SGR) for Banning, Beaumont,
Corona, and Riverside; PVVTA; RTA; SunLine; and the Commission’s Rail
and Vanpool Programs aggregating $109,314,786;
3) Adopt Resolution No. 21-008, “Resolution of the Riverside County
Transportation Commission to Allocate Local Transportation Funds and
State Transit Assistance Funds For the Fiscal Year 2021/222”;
4) Direct staff to add the federally funded and regionally significant projects
into the Federal Transportation Improvement Program (FTIP); and
5) Forward to the Commission for final action.
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11. FISCAL YEAR 2021/22 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 (SB 821) CALL
FOR PROJECTS – PROJECT RECOMMENDATIONS
Jenny Chan, Planning and Programming Manager, provided an overview for the
FY 2021/22 Transportation Development Act Article 3 Call for Projects and then a map
was displayed that shows the locations of the 15 projects being recommended.
M/S/C (Gregory/Harnik) to:
1) Approve the Fiscal Year 2021/22 Transportation Development Act Article
3 Bicycle and Pedestrian Facilities program (SB 821) recommended
project allocations in the amount of $4,327,472; and
2) Forward to the Commission for final action.
12. FISCAL YEARS 2021/22 – 2025/26 MEASURE A FIVE-YEAR CAPITAL IMPROVEMENT
PLANS FOR THE LOCAL STREETS AND ROADS PROGRAM
Martha Masters, Senior Management Analyst, presented the FYs 2021/22 – 2025/26
Measure A Five-Year Capital Improvement Plans for the Local Streets and Road (LSR)
Program, highlighting the following:
• Measure A Ordinance – Allocation between three Geographic Areas: Western
County, Coachella Valley, and Palo Verde Valley
• Distribution of Measure A LSR funds, LSR requirements, and the LSR participating
agencies
At this time, Commissioner Matas left the meeting.
M/S/C (Molina/Middleton) to:
1) Approve the Fiscal Years 2021/22 – 2025/26 Measure A Five-Year Capital
Improvement Plans (CIP) for Local Streets and Roads (LSR) as submitted
by the participating agencies; and
2) Forward to the Commission for final action.
13. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
There were no items pulled from the consent calendar.
14. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT
14A. Anne Mayer stated that she had discussions with Chair Harnik about RCTC going
back to in person meetings although it has been unpredictable and is subject to
change. Since it is uncertain what the rules are going to be after June 15, the
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preliminary plan is that RCTC would stay in a virtual meeting environment for the
remaining three Committee meetings between now and July 2021. The
Commission will go dark in August and the focus would be on a return to in person
meetings or hybrid meetings for the Committees in August and for the September
Commission meeting. She noted the Commission is so large and the Committees
are pretty large as well it is uncertain what the rules are going to be so that is the
plan to continue virtual meetings environment, go dark in August to start
preparing for how they do in person meetings in September. She noted it is her
understanding that if the Emergency Order gets lifted on June 15, then the Brown
Act accommodations that were made will change and Brown Act will dictate what
RCTC will do. Ms. Mayer explained there has been some feedback from Board
Members requesting that the hybrid meeting option remains in place, so in the
next six weeks staff will be trying to figure out what is the law, what are the rules,
and what are the wishes of the Commission. The goal is to be predictable for
Commissioners and predictable for the public and that they know what to expect
from the Commission.
Chair White stated they are going though that in their city and his employers are
also weighing in on those measures as well.
15. ADJOURNMENT
There being no further business for consideration by the Budget and Implementation
Committee, the meeting was adjourned at 10:42 a.m.
Respectfully submitted,
Lisa Mobley
Clerk of the Board
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AGENDA ITEM 7
Agenda Item 7
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 28, 2021
TO: Budget and Implementation Committee
FROM: David Knudsen, Interim External Affairs Director
THROUGH: John Standiford, Deputy Executive Director
SUBJECT: State and Federal Legislative Update
This item is for the Committee to:
1)Receive and file an update on state and federal legislation; and
2)Forward to the Commission for final action.
DISCUSSION:
State Update
On June 14, 2021, the State Legislature passed a $267 billion state budget, meeting the
constitutionally mandated timeline but still needing to work with Governor Newsom on a final
budget deal to determine program impacts and the final specific allocations for many budget
items. The California Constitution requires that lawmakers pass a budget by June 15, 2021 or face
pay suspensions. The Legislature can continue negotiating with the Governor through the July 1
start of the fiscal year.
The transportation elements in the budget—passed by legislators along party lines—in many
ways reflect priorities in Governor’s budget proposal, including:
•$1 billion to deliver critical projects for completion by 2028 for the Olympic Games.
•$1 billion for transit and rail projects statewide that improve rail and transit connectivity
between state and regional/local services.
•$500 million to advance projects that increase active transportation.
•$500 million to support critical safety improvements throughout the state.
•$2 billion in special funds and federal funds for streets, roads, and highway projects.
•$400 million for a State and Local Transportation Climate Adaptation program.
The Governor unveiled his revised budget proposal of $267.8 billion on May 14, 2021, which was
an increase from his initial $227 billion proposal in January. This proposed spending level was a
result of the unprecedented $75.7 billion surplus and $27 billion in federal relief approved in
March.
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Agenda Item 7
Federal Update
House Surface Transportation Reauthorization Bill in Key Committee
On June 10, 2021 the House Transportation and Infrastructure (T&I) Committee passed its
version of the surface transportation reauthorization legislation, the INVEST in America Act. RCTC
was successful in ensuring the inclusion of language in this year’s version of the legislation that
makes RCTC eligible to compete for discretionary grants in areas such as carbon reduction,
resiliency, and freight movement and mitigation.
In addition to the proposed eligibility language being included in the bill, there are also two
earmarks included at the request of RCTC:
• $20 million for the I-15 NEXT project, submitted by Representative Mark Takano
• $3 million for I-15 Corridor Operations Project, submitted by Representative Ken Calvert
The full House of Representatives is scheduled to consider the legislation the week of
June 28, 2021.
The Senate Commerce, Science and Transportation (Commerce) Committee released its surface
transportation reauthorization bill in mid-June. Recall that there are three Committees in the
Senate with jurisdiction over surface transportation policy. The Senate Commerce Committee
handles safety, commuter rail, and Amtrak policy and funding issues. RCTC is closely monitoring
this legislation for grant program funding opportunities.
RCTC legislative affairs staff is working with Representative Dr. Raul Ruiz’s office on legislative
language that may help ensure eligibility for discretionary grant funding to advance the Coachella
Valley-San Gorgonio Pass Rail Corridor project.
Infrastructure Package Negotiations
The Biden Administration continues to negotiate with the Senate as it relates to a broad
infrastructure package. Discussions have shifted to a group of 10 bipartisan Senators. While few
details of any specific proposals have been made public, the goal is to develop a bipartisan
infrastructure package that can be advance through the regular legislative process.
H.R. 972 – The Western Riverside County Wildlife Refuge Bill
On February 12, 2021, Representative Ken Calvert introduced H.R. 972, a bill to establish the
Western Riverside County Wildlife Refuge. With Representative Mark Takano as an original
cosponsor of the bill, this bipartisan legislation creates the federal government's framework to
meet its obligations under the Multiple Species Habitat Conservation Plan (MSHCP)
Implementing Agreement.
12
Agenda Item 7
This legislation would:
• Establish the boundary for a new wildlife refuge;
• Allow for the immediate inclusion of non-federal conservation lands that have already
been acquired to meet the terms of the MSHCP;
• Provide certainty for development of the transportation infrastructure required to meet
the future needs of southern California;
• Create new public access and enhance recreation for the entire region; and
• Create a mechanism for federal agencies to inventory lands within the Refuge established
by this legislation to determine their suitability for inclusion.
The federal government was a principal partner in establishing the MSHCP and agreed to acquire
one-sixth of the Plan’s wildlife reserve acres. A wildlife refuge will enhance the partnership with
the federal government to meet and fulfill the shared vision of aligning environmental
conservation, infrastructure, and economic growth in western Riverside County. By establishing
the Wildlife Refuge, H.R. 972 will enable the U.S. Fish and Wildlife Service to fulfill its obligation
as a partner in the MSHCP.
Chair Jan Harnik signed a letter supporting H.R. 972 on June 11, 2021, based on the Commission’s
2021 adopted State and Federal Legislative Platform.
Supporting this legislation is in alignment with the adopted 2021 State and Federal Legislative
Platform, including:
Environment
• Support efforts or initiatives that expedite the approval of Habitat Conservation
Plans or Special Area Management Plans for transportation projects.
On June 15, 2021, Chair Harnik authored with the Western Riverside County Regional
Conservation Authority Chair Natasha Johnson and Representative Ken Calvert a Press-Enterprise
Op-Ed, which communicated the importance of establishing a wildlife refuge in Western
Riverside County and its contribution to transportation infrastructure development in the region.
Attachments:
1) Legislative Matrix
2) H.R. 972 Support Letter
3) Western Riverside County Wildlife Refuge Press-Enterprise Op-Ed
13
RIVERSIDE COUNTY TRANSPORTATION COMMISSION - POSITIONS ON STATE AND FEDERAL LEGISLATION – JUNE 2021
Legislation/ Author Description Bill Status Position Date of Board Adoption
AB 1499 (Daly) Removes the January 1, 2024 sunset date for Department of
Transportation and regional transportation agencies to use the design-
build procurement method for transportation projects in California.
Referred to Assembly
Transportation Committee
June 16, 2021
SUPPORT April 14, 2021
SB 623 (Newman) Clarifies existing law to ensure toll operators statewide can improve
service to customers and enforce toll policies while increasing privacy
protections for the use of personally identifiable information (PII).
Hearing canceled at the
request of author
April 26, 2021
SUPPORT
Staff action based on platform
April 5, 2021
SB261 (Allen) This bill would require that the sustainable communities strategy be
developed to additionally achieve greenhouse gas emission reduction
targets for the automobile and light truck sector for 2045 and 2050 and
vehicle miles traveled reduction targets for 2035, 2045, and 2050
established by the board. The bill would make various conforming
changes to integrate those additional targets into regional transportation
plans.
Senate Transportation
Committee - hearing
postponed by committee.
April 27, 2021
OPPOSE May 12, 2021
FederalHR 972 (Calvert) This bill establishes the Western Riverside County Wildlife Refuge which
would provide certainty for development of the transportation
infrastructure required to meet the future needs of southern California.
Referred to the
Subcommittee on Water,
Oceans, and Wildlife
March 8, 2021
SUPPORT
Staff action based on platform
June 11, 2021
ATTACHMENT 1
14
June 11, 2021
The Honorable Ken Calvert
U.S. House of Representatives
2205 Rayburn House Office Building
Washington, DC 20515
Re: Support H.R. 972
Dear Representative Calvert:
The Riverside County Transportation Commission (RCTC) supports H.R. 972, which establishes the Western Riverside
County Wildlife Refuge (Wildlife Refuge). In January 2021, RCTC became the managing agency for the Western Riverside
County Regional Conservation Authority (RCA). The RCA was formed with the establishment of the western Riverside
County Multiple Species Habitat Conservation Plan (MSHCP), a 500,000-acre wildlife preserve that provides habitat for
146 species of plants and animals, in 2004. H.R. 972 is a welcome and critical addition to our land acquisition efforts to
complete the MSHCP.
As one of the nation’s largest habitat conservation plans, the MSHCP strengthens the sustainability and quality of life in
western Riverside County by providing a streamlined process that permits development projects, while protecting natural
resources and improving air quality. The MSHCP provides Endangered Species Act coverage under a single permit for
critical wildlife areas, which helps accelerate the construction of freeway and road projects. The MSHCP also helps to
expedite commercial, industrial, and residential development to support population and economic growth in our region.
A wildlife refuge in western Riverside County will enhance our partnership with the federal government to meet and
fulfill the shared vision of aligning environmental conservation, infrastructure, and economic growth. By establishing the
Wildlife Refuge, H.R. 972 will enable the U.S. Fish and Wildlife Service to fulfill its obligation as a partner in the MSHCP.
Thank you for your leadership in sponsoring this bill. Should you have any questions, please reach out to Anne Mayer,
Executive Director, at (951) 787-7141.
Sincerely,
Jan Harnik
Chair
CC: The Honorable Dianne Feinstein, United States Senate
The Honorable Alex Padilla, United States Senate
ATTACHMENT 2
15
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Wednesday, 06/16/2021 Page .A13
ATTACHMENT 3
16
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 28, 2021
TO: Budget and Implementation Committee
FROM: Jillian Guizado, Planning and Programming Director
THROUGH: John Standiford, Deputy Executive Director
SUBJECT: 2022 State Transportation Improvement Program Funding Distribution and
Draft Fund Estimate
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the 2022 State Transportation Improvement Program (STIP) funding distribution
among the three geographic areas in Riverside County per the adopted STIP intracounty
Memorandum of Understanding (MOU); and
2) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The STIP is a five-year program of projects administered by the California Transportation
Commission (CTC). It is updated every two years outlining the commitment and programming of
transportation funds for the State’s multimodal transportation system, including: highways, rail,
transit, local roads, and bike and pedestrian facilities. In June of every odd year, Caltrans is
required to prepare a draft STIP Fund Estimate (FE) that estimates how much funding will be
available for programming for the next five-year period. The CTC is anticipated to release the
2022 STIP FE at its June 23, 2021 meeting.
The 2022 STIP will cover Fiscal Years 2022/23 through 2026/27. Each STIP cycle adds on two
years with most of the programming capacity available in the last two years. STIP funds are
allocated into two broad programs – the Regional Improvement Program (RIP) receives
75 percent of the total STIP funds, and the remaining 25 percent is directed to Caltrans for its
Interregional Transportation Improvement Program. The 75 percent RIP funding is further
subdivided by formula into county shares. County shares are available solely for projects
nominated by regional agencies. The 2022 STIP FE also establishes funding levels for the State
Highway Operation and Protection Program, which Caltrans prepares in consultation with the
regions.
17
Agenda Item 8
STIP Intracounty Formula Distribution
Per the Commission’s STIP intracounty formula distribution approved in 1998 through an MOU
among the Commission, Coachella Valley Association of Governments, and Western Riverside
Council of Governments, STIP funds are allocated to Western County, Coachella Valley, and Palo
Verde Valley based on the most recent fiscal year taxable sales by geographic area used for
Measure A allocations. The geographic area percentages of taxable sales applied to the 2014
through 2022 STIPs demonstrates a growing trend in Western County compared to Coachella and
Palo Verde Valleys:
Geographic Area 2014 STIP 2016 STIP 2018 STIP 2020 STIP 2022 STIP
Western County 75.17% 75.76% 77.30% 78.12% 78.14%
Coachella Valley 24.12% 23.54% 22.11% 21.45% 21.42%
Palo Verde Valley 0.71% 0.70% 0.59% 0.43% 0.44%
Per the STIP intracounty distribution formula, each geographic area will receive funding based on
the above percentages. In addition, STIP guidelines allow up to five percent of RIP funding for
planning, programming, and monitoring (PPM) activities. However, the Commission’s policy is to
set aside two percent for PPM activities to fund Project Study Reports, planning, and staff costs
associated with STIP funding and programming. PPM funding is available for Coachella Valley
Association of Governments (CVAG) and Commission activities.
DISCUSSION:
Draft 2020 STIP FE
On June 23, 2021, CTC staff will release the Draft 2022 STIP FE, which will identify county share
targets for each region in the state. It is possible that the 2022 STIP will be negative, will have no
new capacity available, or have new capacity but the capacity may only be available in the last
two years of the 2022 STIP cycle, FYs 2025/26 and 2026/27.
In the event there is new capacity available in the 2022 STIP, the table below reflects how the
funds would be distributed. This table will be updated for the Commission agenda.
Draft 2022 STIP FE – Riverside County Share Target
Total Riverside County Share $
Less: 2 percent PPM
Total New Project Programming $
Western County 78.14 percent $
Coachella Valley 21.42 percent $
Palo Verde Valley 0.44 percent $
18
Agenda Item 8
2022 STIP Project Selection Process
Western Riverside County
Western Riverside County projects are nominated by staff. If there is new capacity in the 2022
STIP, recommendations for current and new projects for STIP funds will be considered and based
on the 2019-29 Measure A Highway Delivery Plan and other high priority projects approved by
the Commission.
Coachella Valley and Palo Verde Valley
CVAG nominates its projects and notifies Commission staff for final concurrence and submittal
to the CTC. Staff will review the programming process and timeline with CVAG staff and present
CVAG’s recommended projects to the Commission for inclusion in the 2022 STIP submittal.
Palo Verde Valley projects are nominated by the city of Blythe (Blythe); however, given the minor
amount of funding typically available and the complexity in processing these funds, the
Commission and Blythe have executed MOUs in past STIP cycles trading Palo Verde Valley STIP
funds with Measure A Western Riverside County Highway funds. Blythe is required to include
the STIP traded funds in its Measure A Local Streets and Roads Capital Improvement Plan. Upon
CTC’s adoption of the 2022 STIP in March 2022, staff will move forward with preparing the 2022
STIP MOU with Blythe if there is funding available.
Status of Current 2020 STIP Programming
The current 2020 STIP projects for Riverside County include the following environmental, right of
way, and construction phases as follows:
2020 STIP – Riverside County
(Approved by CTC in March 2020)
Agency Project Phase FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 Total STIP
Temecula I-15/French
Valley IC
C $47,600,000 $47,600,000
RCTC 71/91 IC C $66,377,000 66,377,000
Coachella I-10/Ave 50 IC C $2,000,000 2,000,000
CVAG CV Regional
Signal Synch,
Ph 2
C $2,472,000 2,472,000
RCTC/
CVAG
PPM C 1,000,000 900,000 900,000 396,000 3,196,000
Totals $48,600,000 $3,372,000 $67,277,000 $2,396,000 $0 $121,645,000
C = Construction
IC = Interchange
PPM = Planning, Programming, and Monitoring
Temecula’s I-15/French Valley Parkway IC project in FY 2020/21 from the above table is on a
12-month extension due to delays working with Caltrans to revalidate the environmental
19
Agenda Item 8
document on the project before moving to the right of way phase. The PPM funds were allocated
in August 2020. Projects programmed in FY 2021/22 are expected to be allocated as scheduled.
Projects programmed in FYs 2022/23 and 2023/24 will be reviewed for carryover into the 2022
STIP.
The CTC is anticipated to adopt the Final STIP FE at its August 18-19, 2021 meeting. There is a
possibility that the Final FE will differ from the Draft FE; therefore, staff will report any changes
at the September Commission meeting. The 2022 STIP submittal is due to the CTC by
December 15, 2021. CTC adoption of the 2022 STIP is scheduled for March 2022.
FISCAL IMPACT:
There is no fiscal impact to the Commission related to the adoption of the 2022 STIP funding
distribution.
20
2022 STATE TRANSPORTATION IMPROVEMENT PROGRAM
Intracounty Formula Distribution
Jillian Guizado, Planning and Programming Director
1
2022 STIP
•The draft 2022 STIP Fund Estimate (FE) was released by the
California Transportation Commission (CTC) in June 2021
•The FE identifies the amount of funding for each county (county
share) in the state for Fiscal Years 2022/23 –2026/27
•RCTC programs these funds following the STIP Intracounty
Memorandum of Understanding
2
Past STIP Cycles:
Measure A Taxable Sales
3
Geographic Area 2014 STIP 2016 STIP 2018 STIP 2020 STIP 2022 STIP
Western County 75.17%75.76%77.30%78.12%78.14%
Coachella Valley 24.12%23.54%22.11%21.45%21.42%
Palo Verde Valley 0.71%0.70%0.59%0.43%0.44%
2022 STIP Cycle:
Intracounty Formula Distribution
4
Total Riverside County Share $32,349,000
Less: 2 percent for Planning, Programming & Monitoring 646,980
Total New Project Programming 31,702,020
Western County 78.14%24,771,958
Coachella Valley 21.42%6,790,573
Palo Verde Valley 0.44%139,489
Next Steps
Planning and Programming staff will:
•Contact CVAG to review STIP submittal process and timeline
•Develop project nominations for Western County share
•Present proposed 2022 STIP projects to Commission in September/October
5
Next Steps (cont.)
Planning and Programming staff will:
•Prepare and submit 2022 STIP for Riverside County to CTC by December 15,
2021 deadline
•Initiate Blythe STIP fund trade MOU upon 2022 STIP adoption by CTC in
March 2022
6
Staff Recommendations
•Approve the 2022 STIP funding distribution among the three
geographic areas in Riverside County per the adopted STIP intracounty
MOU; and
•Forward to the Commission for final action.
7
QUESTIONS?
8
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 28, 2021
TO: Budget and Implementation Committee
FROM: Lorelle Moe-Luna, Multimodal Services Director
Eric DeHate, Transit Manager
THROUGH: John Standiford, Deputy Executive Director
SUBJECT: Countywide Transit Report: Fiscal Years 2017/18 through 2019/20
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Receive and file the Countywide Transit Report for Fiscal Year 2017/18 through
FY 2019/20; and
2) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Commission as the regional transportation planning agency and county transportation
commission provides funding oversight and administration of multiple transit programs within
Riverside County through various Public Utilities Codes (PUC), ordinances and regulations. Most
of the regulations regarding transportation funding for transit operators in California are
governed by the Transportation Development Act (TDA) of 1971. As required under PUC Section
99244, the Commission is required to regularly monitor and provide recommendations for
productivity and performance improvements of the transit services receiving TDA funding. This
is conducted through the Short Range Transit Plans updates submitted annually, annual audits,
and triennial TDA performance audits.
In addition to complying with the minimum requirements set forth by TDA, the Commission
began the compilation of an annual Countywide Transit Report in 2014 to provide a “state of
transit” overview. The report is a standalone review of transit services based primarily on annual
audited financial data and is inclusive of not only TDA-funded public transit services but also local
Measure A funded programs such as the Specialized Transit Program.
DISCUSSION:
The FYs 2017/18 – 2019/20 Countywide Transit Report (Attachment 1) provides a high-level
picture of the public transit network in Riverside County with factsheets for five modes of
transportation: commuter rail, fixed-route bus, demand response/paratransit bus, specialized
transit, and vanpool. Key performance metrics that are highlighted include the following:
21
Agenda Item 9
• Farebox Recovery Ratio;
• Passenger Boardings;
• Operating Costs;
• Revenue Service Hours;
• Passengers Per Revenue Hour; and
• Other indicators relevant by mode such as train service miles and subsidy per trip.
Additionally, the report provides highlights of major ridership trends, future strategies to meet
demand, and marketing initiatives underway as the transit providers enter the recovery phase to
regain ridership.
How Are We Doing?
The network of nine public transit service providers and 18 human service operators carried
approximately 16.9 million passenger trips in FY 2017/18, 17.2 million passenger trips in
FY 2018/19, and over 14.7 million passenger trips in FY 2019/20. For several years between about
2014 through 2018 transit ridership was declining not only in Riverside County but throughout
the nation. In 2019, ridership was starting to show signs of re-growth upon the implementation
of various marketing initiatives and service enhancements; however, in March 2020, when the
Coronavirus pandemic and stay-at-home orders were issued statewide, ridership again tumbled
drastically in the months to come, up to 80 percent by route in some cases. Farebox recovery
ratios were being met until FY 2018/19, but the pandemic also left farebox recovery ratios short
of the state-required 20 percent for urban areas and 10 percent for rural areas in FY 2019/20.
Annual operating costs for public transit services in FY 2019/20 for the county exceeded
$150 million, with revenues comprised of 50 percent from state, 32 percent from federal, and
18 percent from local funding sources.
Transit operators have prioritized numerous marketing initiatives as the region moves toward a
recovery phase. Enhanced safety and cleaning protocols have remained a top priority to protect
the public and employees. Strategic planning is underway for many transit operators to add back
previously reduced service levels; additional community engagement with major employers and
colleges and university is being conducted; and free ride programs to attract youth, college
students, and veterans have been implemented.
The report gives a glimpse of where these modes of transit are heading. Only a portion of the
impacts of COVID-19 can be captured in the FY 2019/20 numbers as stay-at-home orders were
issued in the last quarter of FY 2019/20 (April-June). A better understanding of the impact of
COVID-19 on transit will likely be gleaned in the next edition of the report which will include final
audited data for FY 2020/21.
FISCAL IMPACT:
This item does not have any budgetary impacts to the Commission.
22
Agenda Item 9
Attachment: Countywide Transit Report: Fiscal Years 2017/18 - 2019/20
23
Total Operating Costs
Breakdown of Total Operating Costs by Fund Source
$148.3M
Local Funds18%
FederalFunds32%State Funds 50%
FY 17/18
$159.4MFY 18/19
$153.7M
FY 19/20
Riverside County Facts
7,200 Square Miles
2.5 million Residents
Riverside County Transit Report
FY 2017/18 - FY 2019/2020
5 Modes of Public Transit
Public Transit Ridership Annual Passenger Trips
Rail Fixed-Route Bus
Vanpool Services
Public Demand Response(advance reservation services)
Specialized Transportation
17.1M
1.21%
-4.54%-4.26%-2.99%
1.91%
19.02%
16.3M 15.6M 15.1M
15.5M
12.5M
FY
19/20
FY
18/19
FY
17/18
FY
16/17
FY
15/16
FY
14/15
The Countywide Transit Report presents a high-level picture of the public transit
network in Riverside County and the relative efficiency and costs of services.
Riverside County has an extensive network comprised of commuter rail,
fixed-route and demand response bus, specialized transportation services, and
a vanpool services. These services include nine public transit service providers
and 18 community-based service operators.
The last several years has brought great change and opportunities in public
transit. Ridership declines between 2014 and 2018 were occurring in southern
California and throughout the nation. Researchers from UCLA studied trends
and determined that increased car ownership contributed to the lost of public
transit ridership. Transit agencies in the county remained engaged and imple-
mented various initiatives to attract new riders and in 2019 saw promising
results to reverse the trend. Unfortunately, in March 2020, the Coronavirus
pandemic resulted in stay-at-home orders, causing ridership to plummet up to
80% on some services. Transit agencies adapted to public health orders
swiftly, implemented additional safety standards, and modified service levels
as necessary to be cost effective and meet customer demand.
Looking Forward - Recovery Initiatives in Riverside County
Since the initial drop in ridership, transit operators have prioritized safety and
cleaning protocols to protect the public. The focus is now on recovery
initiatives to regain ridership and meet the growing population in Riverside
County.
Marketing initiatives such as free rides for youth and college students, and in
some cities the general public, are underway throughout the county to
welcome back riders and encourage new users.
Strategic plans such as Comprehensive Operational Analyses are being devel-
oped to determine how transit operations can best navigate changing
customer travel patterns while achieving productivity goals.
Zero-emission vehicle planning and implementation will continue to be a
capital priority. Transit operators such as SunLine are paving the way in
research and development, and by 2023 all operators in the county will have
developed zero emission bus roll-out plan
24
3,265,614 passengers
3,170,251 passengers
2,453,579 passengers
FY
17/18
FY
18/19
FY
19/20
$17.7M
$19.7M
$21.3M
FY
17/18
FY
18/19
FY
19/20
769,432
758,136
FY 17/18
809,328 FY 19/20
FY 18/19
Commuter Rail
Riverside Line Riverside to Los Angeles Passenger Boardings
for Lines Transversing Riverside County
Metrolink Operating Subsidy
for Riverside County
Service Miles
Inland Empire-Orange County Line
San Bernardino to Oceanside
91/Perris Valley Line
Perris Valley to Los Angeles via Fullerton
12
Trains on
Weekdays
59
Route
Miles
100
Route
Miles
16
Trains on
Weekdays
4
Trains on
Weekends
84
Route
Miles
15
Trains on
Weekdays
4
Trains on
Weekends
$5.5 million
$5.3 million
$6.5 million
FY
17/18
FY
18/19
FY
19/20
Station Operations & Maintenance Cost
The Commission is a member agency of the Southern California Regional Rail Authority, which provides commuter rail service better known as
Metrolink. Metrolink provides seven commuter lines, three of which serve Riverside County. Metrolink is an effective alternative for commuters
within the southern California region traveling to major employment and destination centers, taking pressure off freeways and reducing congestion.
RCTC owns and maintains all nine Metrolink stations and rail property along the Perris Valley Line in the county. The stations are multimodal transit
centers with regional and local bus connections that also serve as park & ride locations to encourage rideshare. Station rehabilitation projects
continue to be a priority, using more environmentally sustainable methods while maintaining the highest standards of safety and security.
Station Passenger Distribution 25
Fixed-Route Bus Services
13.2 passengers
13.2 passengers
11.2 passengers
Passenger Boardings
Revenue Service Hours Average Passengersper Hour
12,763,91112,592,168
PVVTA
956,603
FY 18/19
10,418,477
FY 19/20
FY 17/18
FY
17/18
FY
18/19
FY
19/20
967,014FY 18/19
930,186
FY 19/20
FY 17/18 1%
2%
Total Operating Costs
$94.6M
$102.8M$95.9M
FY
18/19
FY
19/20FY
17/18
22.8%
21.7%
FY 17/18
FY 18/19
Farebox Recovery Ratio
24.0%FY 19/20
Riverside County has six operators that provide local, intercity, and express
fixed route bus services. These services provide an environmentally friendly
alternative for residents to travel to work, school, medical appointments, and
other essential tasks.
Transit operators continue to partner with one another and local
jurisdictions to seek new funding opportunities to expand services.
Farebox recovery ratio is a key performance
indicator that is state-mandated. Farebox recovery
minimums vary by operator, generally 20% for
urban areas and 10% for rural areas. Due to
Covid-19, legislation was enacted in 2020 to waive
farebox recovery requirements
Increased Bus Use in 2019 College Pass Programs
26
Public Demand Response Services
2.3 passengers
2.4 passengers
2.2 passengers
One-way Passenger Boardings
Revenue Service Hours Average Passengersper Hour
771,469804,792
343,448
FY 18/19
550,043
FY 19/20
FY 17/18
FY
17/18
FY
18/19
FY
19/20
320,543FY 18/19
248,398
FY 19/20
FY 17/18
5%30%
Total Operating Costs
$26.0M$26.2M
$25.3M
FY
18/19
FY
19/20FY
17/18
11.0%
11.7%
FY 17/18
10.2%FY 19/20
FY 18/19
Farebox Recovery Ratio
Demand response, or paratransit services, in the county are modeled as shared ride
public transportation system with advance reservations, enabling routes and schedules
to be structured to transport multiple passengers to their destinations.
Complementary paratransit service is provided within 3/4 of a mile from a local
fixed-route service. These services are typically provided to seniors and those who qualify
under the Americans with Disabilities Act, and are intended for individuals who are
unable to use the fixed-route bus system.
Public demand response riders are among the most vulnerable users in the
transportation network. It is anticipated that even after Covid-19 restrictions are lifted,
ridership recovery for the senior and disabled population on paratransit services will take
longer than fixed-route services.
Similar to fixed route services, farebox recovery for paratransit service is closely
monitored. The farebox recovery ratio requirement is 10% for demand response services.
Travel training programs such as RTA's Freedom to Go have been successful at teaching
Dial-A-Ride users and others to utilize fixed-route services, enabling passengers to gain
more independence and mobility choices while creating cost savings.
27
Specialized Transit Program
Western Riverside County
$10.29
$9.10
$9.73
FY
17/18
FY
18/19
FY
19/20
19 Specialized Transit Programs
in 5 Categories
Demand response services
Operating assistance for services for individuals who
cannot be served by existing public transit.
Mileage reimbursement programs
reimbursing volunteer drivers per mile for authorized
trips they provide
Bus pass programs
distributing day passes for the county’s fixed-route
bus system to human service agencies to assist with
clients’ urgent transportation needs
Mobility management programs
assisting clients by providing information on how to
use the transportation options that are available to
them
Travel training programs
teaching riders how to plan trips, navigate and use
the public transit fixed-route bus system
Average Subsidy Per Boarding
$2.2M
$2.4M
$2.2M
FY
17/18
FY
18/19
FY
19/20
Measure A Subsidy
for Western Riverside County
214,894passengers
262,174 passengers
225,901 passengers
FY
17/18
FY
18/19
FY
19/20
Passenger Boardings
Inclusive of travel training and bus pass program trips.
A portion of Measure A, the ⁄-cent local sales tax revenues are used for specialized transit services. In Western Riverside
County, RCTC awards funding to public and human service providers of transit services for persons with disabilities, low income,
seniors, and veterans through the Specialized Transit Program. These specialized services meet the needs of the most vulnera-
ble population that are either outside of the fixed-route bus and senior and disabled public demand response service areas, or
have specific needs that cannot be met usi ng traditional services. These services expand mobility options for individuals who
cannot drive, have no one to drive them or have difficulty using public transit.
In the Coachella Valley, Measure A transit funds are allocated to SunLine, and are also used to expand transit options and keep
costs low for seniors and the disabled.
28
33 vanpools
68 vanpools
67 vanpools
Revenue Service Hours Average Vanpoolsper Month
2,694*FY 17/18
FY
17/18
FY
18/19
FY
19/20
35,720FY 18/19
33,946
FY 19/20
Total Operating Costs
$1.0M
$1.1M
$293K*
FY
18/19
FY
19/20FY
17/18
70.7%
FY 17/18
76.7% FY 19/20
FY 18/19
Farebox Recovery Ratio
Vanpool
10,692* less trips
128,042 less trips
122,470 less trips
FY
17/18
FY
18/19
FY
19/20
Single Occupancy Vehicle
Trips Eliminated
13,474*passengers
160,360 passengers
153,432 passengers
FY
17/18
FY
18/19
FY
19/20
Passenger Boardings
in Western Riverside County
*FY 17/18 only includes 2 months of information
20.6%*
In May 2018, RCTC initiated a new Vanpool program for Western River-
side County called VanClub. Vanpool programs are highly effective at
reducing traffic and vehicle emissions by reducing the number of
vehicles traveling daily. VanClub was created to support long-distance
commuters, by offering a subsidy of up to $400 per month towards the
cost of the vanpool leases.
They also serve as a public transportation alternative in areas that are
hard to serve by transit and can be an amenity for employers to attract
and retain employees.
29
COUNTYWIDE TRANSIT REPORT:FISCAL YEARS 2017/18 –2019/20
Budget & Implementation Committee
June 28, 2021
Lorelle Moe-Luna, Multimodal Services Director
1
Purpose
2
Role as the
RTPA
TDA
Requirements
Performance
Monitoring
State of
Transit
Overview
Service Overview
3
Palo Verde Transit Agency
7,200 square miles 2.5 million residents
How much does it cost?
4
Metrolink
Subsidy,
13%
RCTC
Stations, 4%
Fixed-Route
Bus , 65%
Demand
Response,
17%
Specialized
Transit , 1%
Vanpool, 1%
Average Breakdown of funding by Program
$148.3
$159.4
$153.7
$140.0
$145.0
$150.0
$155.0
$160.0
$165.0
FY 17/18 FY 18/19 FY 19/20
Total Operating Costs
Riverside County
5
How are we paying for it?
State, 56%
Local, 22%
Federal
Funds, 21%
State,
50%
Local,
18%
Federal
Funds*,
32%
Average Annual Breakdown
Annual Breakdown with
Stimulus Funds
Federal Funds
-FTA Formula Funds
-CMAQ Funds
Local Funds
-Passenger Fares
-Measure A
-MSRC
State
-LTF
-STA
-LCTOP
How is Farebox Recovery?
…We made it…
6
15.0%
16.0%
17.0%
18.0%
19.0%
20.0%
21.0%
22.0%
23.0%
24.0%
25.0%
FY 17/18 FY 18/19 FY 19/20
Fixed-Route Bus Farebox
9.5%
10.0%
10.5%
11.0%
11.5%
12.0%
FY 17/18 FY 18/19 FY 19/20
Demand Response Farebox
0.0%
20.0%
40.0%
60.0%
80.0%
100.0%
FY 17/18 FY 18/19 FY 19/20
VanClub Farebox
Major Trends
7
17,123,081 16,344,935 15,647,898 15,180,657 15,470,713
12,527,798
1.21%
-4.54%-4.26%-2.99%
1.91%
-19.02%
-20.00%
-15.00%
-10.00%
-5.00%
0.00%
5.00%
10.00%
15.00%
20.00%
0
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
16,000,000
18,000,000
FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20
Annual Passenger Boardings and
Percent Change from Prior Year
Looking Ahead
Prioritized safety and cleaning protocols
Marketing initiatives to regain ridership, including free fares for youth and college students
8
Strategic operational planning such as Comprehensive Operational Analyses, Capital Improvement Plans
New regulations are shaping the face of transit to move to zero emissions
QUESTIONS/COMMENTS
9
rctc.org
951.787.7141
info@rctc.org
@theRCTC
10
AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: June 28, 2021
TO: Budget and Implementation Committee
FROM: Brian Cunanan, Commuter & Motorist Assistance Manager
THROUGH: David Knudsen, Interim External Affairs Director
SUBJECT: Fiscal Year 2021/22 Commuter Assistance Program Recommendations
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 21-41-123-00 among the Riverside County Transportation
Commission (Commission), San Bernardino County Transportation Authority (SBCTA), Los
Angeles County Metropolitan Transportation Authority (LACMTA), Orange County
Transportation Authority (OCTA), and Ventura County Transportation Commission
(VCTC), for a total contract amount of $977,719 for Regional Rideshare Software over a
three-year term, including the Commission’s total share of $186,444 inclusive of $18,000
in contingency;
2) Approve Agreement No. 20-41-090-01, Amendment No. 1 to Agreement
No. 20-41-090-00, with SBCTA for Rideshare Program Implementation, removing
Rideshare and Vanpool Software expenses from the Scope of Work and incorporating
them into Agreement No. 21-41-123-00;
3) Approve Memorandum of Understanding No. 21-41-122-00 between LACMTA, OCTA,
RCTC, SBCTA, and VCTC to merge and consolidate the agencies’ rideshare databases;
4) Adopt Resolution No. 21-013, “Resolution of the Riverside County Transportation
Commission Adopting Amended Guidelines for the Administration of the Measure A
Funded Commuter Incentive Projects as Part of Its Commuter Assistance Program”;
5) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreements on behalf of the Commission; and
6) Forward to the Commission for final action.
BACKGROUND INFORMATION:
While much of the Commission’s work focuses on enhancing transportation infrastructure, there
is significant value in ensuring the transportation systems are used efficiently. To foster more
efficient use of the transportation network, the Commission’s Commuter Assistance Program
(CAP) works to increase the awareness and consideration of all commute options and incentives
available to commuter constituents and to increase consideration for alternative modes of
transportation such as riding a bus or train, carpooling, vanpooling, walking, bicycling, or
teleworking. As such, the Commission implemented the CAP as a specific requirement under the
30
Agenda Item 10
2009 Measure A Western County Public Transit program to address congestion mitigation. In
addition to improving mobility overall, commuter assistance or ridesharing helps improve the
quality of life on the commuter front, helps to lower costs and increase productivity on the
employer front, and has a positive impact on the environment.
Inland Empire Commuter Programs
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.
SBCTA has contracted with the Commission to develop, implement, and manage a CAP for
San Bernardino County since 1993.
Rideshare Program Administration
Administration and outreach for this bi-county effort is coordinated and funded between
Commission and SBCTA staff and ultimately performed through consultant services. In May 2015,
following a competitive bid, the Commission awarded an agreement to WSP for CAP
administration and marketing. In 2018, the contract was amended to include the implementation
and ongoing operation of the Commission’s vanpool program (VanClub). WSP’s program
administration and outreach scope includes:
• Program Outreach – Outreach targeting employers to establish rideshare programs at
worksites throughout Riverside and San Bernardino counties. Marketing campaigns are
provided to employer partners and distributed to their respective employee base. Online
advertising, social media, events, and regional promotions such as Rideshare Week
engage commuters directly.
• Employer Services – Various services to employers in the bi-county area including the
provision of marketing promotions, rideshare survey processing, employer network
meetings, and event support. The program administrator also assists employers with
average vehicle ridership calculations related to the South Coast Air Quality Management
District Rule 2202 requirements for employers with 250 or more employees.
• Rideshare Incentives – Incentives focused on increasing consideration for alternative
commute modes including: (a) $2/Day Rideshare Incentive for new rideshare participants
that try ridesharing to work for a three-month trial period; (b) Rideshare Plus rewards for
consistent rideshare behavior with access to discounts to local and national merchants,
powered by Entertainment; and (c) Rideshare Rewards Spotlight monthly rewards
random drawing to encourage commuters to continue ridesharing and logging their
rideshare miles.
• Guaranteed Ride Home – A guaranteed ride home at no cost to employees who rideshare
to work in the event of an emergency or unexpected overtime by them or the driver of
their rideshare arrangement (maximum two per year).
• Ridematching and Information Services – Commuter and employer access to online tools
and resources, call center (866-RIDESHARE) and chat services during business hours for
31
Agenda Item 10
those interested in assistance with ridematching or transit options and to address general
rideshare questions.
• IE Commuter – The online system and brand launched in FY 2014/15 under which
employer and commuter rideshare services are provided in western Riverside County and
San Bernardino County.
• VanClub – The Commission’s vanpool program subsidizing eligible vanpools destined for
worksites in western Riverside County.
• Telework Employer Assistance – Provision of telework resources and incentives.
This suite of commuter incentives, employer programs, and outreach is designed to reduce the
number of single-occupant vehicle miles related to work commutes and to help improve regional
mobility and air quality. Based purely on IE Commuter rideshare incentive participation alone, it
is estimated that WSP’s efforts to date have translated into approximately 34.9 million miles
reduced and 49.7 million pounds of pollutant emissions reduced.
Rideshare/Vanpool Software and Database
In addition to the administration and outreach elements of the program, another critical
component of the CAP is the web-based system that hosts the commuter database, facilitates
ridematching, and provides a variety of features and tools to commuters, employer partners, and
consultant staff to support rideshare and vanpool program efforts.
In June 2019, the Commission approved the current agreement with SBCTA continuing a bi-
county program and added the first step toward regionalization of the rideshare system and
database. Traditionally, this agreement is a one-way reimbursable agreement with SBCTA
reimbursing the Commission for program administration. The current agreement established a
two-way reimbursable agreement that added reimbursement to SBCTA for rideshare software,
which transitioned the Commission’s and SBCTA’s bi-county Inland Empire (IE) Commuter
rideshare program and the Commission’s vanpool program to the same rideshare software that
LACMTA, OCTA and VCTC utilize, (regional rideshare software).
The Commission and SBCTA fully transitioned the IE Commuter rideshare program and the
Commission’s vanpool program to the regional rideshare software in July 2020, available at
IECommuter.org and VanClub.net, respectively. Now that the regional rideshare agencies
operate on the same software, focus has shifted to merging the regional rideshare agencies’
rideshare databases, also referred to as the “consolidated database”.
DISCUSSION:
The Commission has approved efforts toward regionalization of commuter services elements
that are cost effective and enhance value and service to commuter constituents and employer
partners. The following discussion and recommendations reflect additional steps toward that
end and layers in additional recommendations to help ramp transit back up and consideration
for all alternative modes of transportation.
32
Agenda Item 10
Recommendation for Regional Agreements
The last step toward a consolidated database for the region is to merge the current regional
rideshare databases (Riverside/San Bernardino County and Los Angeles/Orange/Ventura County
databases). As such, staff recommends approval of Agreement No. 21-41-123-00 for Regional
Rideshare Software that will authorize SBCTA to make the regional rideshare software available
to the Commission, LACMTA, OCTA, and VCTC through June 30, 2024. Incorporating the regional
rideshare software and database under one contract will assist in future coordinated efforts and
modifications to the regional rideshare software and database, including jointly procuring future
software and database services, with no interruptions to the consolidated database. The cost for
the Regional Rideshare Software is $977,719 and will be shared among the agencies based on
county population share, similar to how the regional rideshare agencies implement other
activities. Accordingly, the Commission’s cost is $186,444, which includes an $18,000 contingency
amount for Commission-specific or regional modifications and/or enhancements.
Concurrent with approval of the Regional Rideshare Software Agreement, staff also recommends
approval of Amendment No. 1 to Agreement No. 20-41-090-00 between the Commission and
SBCTA for the bi-county commuter assistance program administration and rideshare software.
This amendment removes SBCTA’s provision of that portion of the rideshare software that is now
incorporated in the five-party Regional Rideshare Software Agreement.
Lastly, staff recommends approval of Memorandum of Understanding (MOU) No. 21-41-122-00
among the Commission, SBCTA, VCTC, OCTA and LACMTA to merge and consolidate the agencies’
rideshare databases. This MOU sets forth the data ownership, privacy, confidentiality and
responsibilities of the regional rideshare agencies as users of the regional rideshare consolidated
database.
In addition to providing a more cost-effective framework while enhancing the service to
commuter and employer constituents, the agreements associated with the regional rideshare
program will allow the regional rideshare agencies to be on the same contract terms, share costs
in software modifications as needed and more easily jointly procure software and maintenance
of the regional rideshare consolidated database going forward.
The aforementioned recommendations set the stage for regional consistency of the rideshare
system and database used by thousands of worksites and hundreds of thousands of commuters
throughout the five-county southern California region. The following recommendation seeks to
establish consistency for Commission CAP operated programs, services, and incentives to
employers and commuter constituents throughout the County.
Recommendation for Countywide Commuter Assistance Program in Riverside County
Transportation Demand Management (TDM) efforts to transition SOV drivers to rideshare and/or
telework arrangements has a significant and beneficial impact on mobility by significantly
reducing regional trips, vehicle miles traveled, and emissions emitted. As such, the Commission’s
33
Agenda Item 10
CAP was implemented in Western Riverside County as a specific requirement under Measure A
to help address congestion mitigation related to work commutes. Through the distribution of
commute information and incentives, IE Commuter is a TDM tool of the CAP that supports
increasing awareness and consideration for rideshare and/or telework amongst single occupancy
vehicle (SOV) drivers.
While the Commission does make an effort to work with Coachella Valley employers through the
IE Commuter program, due to differences in Measure A funding streams, the Commission is
currently not able to offer its $2/day Rideshare Incentive to Riverside County commuter
constituents outside of Western Riverside County. This leaves the CAP without a valuable tool in
to help motivate ridesharing arrangements and reduce SOV behavior amongst Coachella Valley
employers or employers with Coachella Valley residents. Another consequence is confusion and
inequity for employers with employees from Riverside County but not eligible for the same
incentive because they live in different geographic areas of the same county. Expanding the
IE Commuter incentive’s eligibility can address this confusion and help stimulate rideshare
activity in eastern Riverside County based on success leveraging the incentive by employers with
eligible commuter employees from western Riverside County and San Bernardino County and
from direct feedback received by IE Commuter consultant staff from Coachella Valley employers.
Staff requested an estimate from WSP to expand the IE Commuter program to support a
concerted effort to engage, recruit, and administer IE Commuter program participation from new
employer partners and commuters in eastern Riverside County. The total estimate of $359,300
is comprised of labor, travel, and incentives. The labor portion of $180,300 supports the addition
of one full-time WSP Employer Services Representative that would focus on eastern Riverside
County, and the incentive portion of $173,000 reflects projected incentive amounts passed
through directly to commuter participants.
Staff recommends revising WSP’s scope of work via an administrative amendment to support an
eastern Riverside County expansion and to update incentive eligibility requirements (addressed
in next section). Based on the balance available in the WSP contract and projected expenses for
FY 2021/22 to support the core CAP, no additional authorization to the contract value is needed
to accommodate the one-year pilot program expansion. Funding to support this demonstration
effort has been allocated from Service Authority for Freeway Emergency (SAFE) funds in the
recently approved FY 2021/22 budget. SAFE funds are traditionally applied to the Commission’s
Motorist Assistance programs such as Freeway Service Patrol, Call Box, and 511 traveler
information services; however, TDM is also an eligible application. Staff will monitor and report
on IE Commuter employer recruitment, incentive participation, resulting trips, miles, and
emissions reduced while exploring sustainable funding options toward a permanent Countywide
CAP program beyond FY 2021/22.
Recommendation for Measure A Resolution
The next 12 months mark a critical window of opportunity as employers and commuters continue
to navigate past the COVID-19 pandemic and an eventual transition back to the worksites (or not)
34
Agenda Item 10
in the new “normal.” For returning employees with a commute, full or part-time at the worksite,
the CAP seeks to maximize consideration and adoption of alternative transportation modes
before they can settle back in to a permanent SOV pattern.
As such, concurrent with approval of recommendations supporting a Countywide CAP in
Riverside County, staff also requests adoption of a Measure A resolution to strengthen the
incentives available in western Riverside County while expanding eligibility to eastern Riverside
County commuter constituents. The resolution is structured such that the expansion may
continue beyond the one-year pilot term should non-Measure A funding options be available and
at the Executive Directors discretion. Below is a summary of the recommendations reflected in
the attached resolution:
• Replace the $2/Day Rideshare Incentive with a new $5/Day Rideshare Incentive: The
purpose of the new incentive is to stimulate consideration for ridesharing by providing a
compelling incentive for commuters to try ridesharing for a minimum of three months.
Staff also recommends establishing a maximum payout of $125 per eligible participant.
Incentives are provided in gift cards (Amazon, Stater Bros, or Target) to the employer
transportation coordinator to distribute to eligible employees. This incentive structure
establishes a more compelling offering while maintaining a cap commensurate with the
current incentive.
• Allow concurrent participation in $5/Day Rideshare Incentive and vanpool subsidy
programs: As currently structured, Riverside County commuters who join or start a new
vanpool that is subsidized (group benefit) are excluded from participating in the startup
rideshare incentive (individual benefit). All forms of transit, including subsidized vanpools,
experienced significant decreases in ridership due to the COVID-19 pandemic. This
recommendation seeks to undo this restriction to assist in new vanpool formation and to
align with the SBCTA’s guidelines which allow for stacking and for consistency within the
IE Commuter program.
• Provide an extra $100 subsidy for eligible VanClub vanpools that are also zero emission:
Commute with Enterprise, an approved VanClub vanpool vendor has added a
zero-emission vanpool option available to participants. Adoption of this vehicle option
helps reduce congestion while also providing the highest emission reduction benefit;
however, zero emission vanpool vehicles are more costly to lease. As such, staff
recommends an incremental incentive to help foster adoption of zero emissions vanpools
for VanClub and for parity with other local vanpool subsidy programs such as SBCTA’s SB
Loop and Sunline’s SolVan programs. Concurrent with the approval of this specific
recommendation, staff will administratively amend the scope of existing VanClub vanpool
vendors to reflect the special subsidy amount for zero emission vanpool vehicles.
• Expand eligibility of all CAP incentives to eastern Riverside County commuter
constituents: Riverside County is the only county with a bifurcated TDM program. The
goal of this recommendation is to demonstrate the potential for a standardized CAP and
35
Agenda Item 10
eligibility of incentives across all of Riverside County in FY 2021/22 while exploring funding
options to maintain this countywide CAP going forward. Riverside County commuters are
burdened with some of the longest commutes in the region and have the most to gain
from discovering and converting to an alternative commute to work. Ridesharing as
opposed to driving oneself to work can have a profound impact to an individual’s quality
of life, particularly those with longer commutes. Funding has been identified and included
in the FY 2021/22 budget to support a one-year term for this expansion.
• Expand eligibility (temporary basis only) of the $5/Day program to out of county
participants: In addition to updating the resolution to incentivize commuters originating
from any part of Riverside County, staff recommends expanding eligibility to also include
incentivizing commuters, regardless of their county origin, commuting to worksites in
Riverside County, on a temporary basis in FY 2021/22. The temporary nature of this
“promotion” generates urgency and helps to stimulate a rideshare reset reducing
congestion both in to and out of the county.
The proposed restructuring of the incentives and eligibility with the adoption of the attached
resolution will provide a compelling incentive package to help support CAP goals through
FY 2021/22. Major objectives for the CAP include restarting rideshare/transportation programs
amongst core employer partners, expanding beyond the CAPs traditional target markets to grow
the number of and participation from a broader based of employers and commuters in the
region, and to help ramp up all forms of transit.
FISCAL IMPACT:
All expenses pertaining to the recommendations are reflected in the CAP approved FY 2021/22
budget. Staff does not anticipate requiring any contract cost modifications to the WSP contract
or budget adjustments to support staff recommendations, but staff will report on performance
and reassess during the mid-year budget adjustment process.
Financial Information
In Fiscal Year Budget: Yes
N/A Year: FY 2021/22
FY 2022/23+ Amount: $429,608
$116,136
Source of Funds: 2009 Measure A Western County
Commuter Assistance and SAFE funds Budget Adjustment: No
N/A
GL/Project Accounting No.:
002126 65520 00000 0000 263 41 65520 $132,618
002187 65520 00000 0000 263 41 65520 $53,826
632107 81001 00000 0000 263 41 81001 $186,300
632107 81030 00000 0000 263 41 81002 $173,000
Fiscal Procedures Approved: Date: 06/21/2021
Attachments:
1) Regional Rideshare Software Agreement No. 21-41-123-00 (draft)
36
Agenda Item 10
2) Regional Rideshare MOU No. 21-41-122-00 (draft)
3) SBCTA Rideshare Agreement Amendment No. 20-41-090-01 (draft)
4) Measure A Resolution No. 21-013
37
AGREEMENT NO. 21-1002572
REGIONAL RIDESHARE SOFTWARE AGREEMENT
This Agreement for Services (“AGREEMENT”) is entered into between the Los Angeles County
Metropolitan Transportation Authority ("LACMTA"), Orange County Transportation Authority
(“OCTA”), Riverside County Transportation Commission (“RCTC”), San Bernardino County
Transportation Authority (“SBCTA”) and the Ventura County Transportation Commission
(“VCTC”) (each individually a “Party” and collectively the “Parties”) for the Provision of the
Regional Rideshare Software (the “Project").
1.WHEREAS, SBCTA has entered into Contract No. 19-1002203 with Trapeze Software
Group, Inc. (“Trapeze”), whereby Trapeze provides services and licenses software to support
a regional rideshare database (“Regional Rideshare Software”);
2.WHEREAS, the Parties desire to enter into this AGREEMENT for SBCTA’s provision of the
Regional Rideshare Software as part of the effort to continue coordination of regional
rideshare services.
3.WHEREAS, the goal of the Project is to maintain and enhance the Regional Rideshare
Software, which is necessary to encourage commuters to carpool, vanpool, take bus and rail,
telecommute, bike and walk to Southern California worksites;
4.WHEREAS, the Parties under a separate Memorandum of Understanding will consolidate
their rideshare databases into a single, 5-county regional rideshare database (“Consolidated
Database”) to better serve the traveling population of the region;
5.WHEREAS, SBCTA has agreed to perform services necessary to implement the Project on
the terms and conditions contained herein;
NOW, THEREFORE, the Parties to this AGREEMENT agree to the following terms and
conditions:
1.SCOPE OF SERVICES
A.The Parties understand and agree that LACMTA, OCTA, RCTC and VCTC are intended
third-party beneficiaries of the Regional Rideshare and Vanpool Program Online System
Agreement dated September 5, 2019 (Contract No. 19-1002203) as amended between
SBCTA and Trapeze Software Group, Inc. (“Trapeze”). The foregoing referenced
Agreement, attached as Attachment A, is referred to herein as the ‘Software Agreement.’
The Parties agree to comply with Attachment 1, Software License and Maintenance
Agreement, to the Software Agreement. SBCTA and its subcontractors shall furnish all
technical and professional services necessary to fully and adequately perform the tasks
set forth in Exhibit C of the Software Agreement (the “Services”).
B. SBCTA shall perform the Services in accordance with the Budget attached as Attachment
ATTACHMENT 1
38
2
B, which is incorporated herein by reference. A Party(s) may request a modification to
the Regional Rideshare Software as further outlined in Section 10 and SBCTA may
release contingency funds as allocated in the budget provided the Party requesting the
modification provides written approval of such release of contingency, and further
provided the total budget amount is not exceeded.
C. SBCTA understands that some Party(s) may utilize Congestion Mitigation & Air Quality
(“CMAQ”) Funding for this Project and will administer the Project in accordance with
CMAQ Guidelines, as adopted or amended.
2. TERM
A. This AGREEMENT shall commence on July 1, 2021, and terminate on June 30, 2024, or
until otherwise terminated, or unless extended as hereinafter provided by written
amendment, except that all indemnity obligations hereunder shall survive termination of
this AGREEMENT.
B. All eligible Project expenses as outlined in this AGREEMENT shall be reimbursed in
accordance with the terms and conditions of this AGREEMENT unless otherwise agreed to
by the Parties in writing.
C. Should a Party(s) determine there are insufficient Funds available for the Project or wish
to terminate this AGREEMENT for convenience, the terminating Party(s) may terminate
their participation in the AGREEMENT by giving written notice to each Party by April
1st of each year. The termination date will be effective as of July 1st of the same year the
written notice was provided. If a Party terminates its participation in the AGREEMENT
pursuant to this section, the terminating Party(s) will not reimburse SBCTA any costs
incurred after the termination date, except Trapeze Work Orders approved by the
terminating Party(s) prior to the termination notice, for which work has commenced by
Trapeze. The terminating Party(s) share of these costs will be consistent with the
established funding percentages outlined in the AGREEMENT.
3. PAYMENT OF COMPENSATION
LACMTA, OCTA, RCTC and VCTC shall reimburse SBCTA for the amounts set forth
below (the “Funds”) for the Project:
A. LACMTA shall reimburse SBCTA an amount not to exceed FOUR HUNDRED
NINETY-FOUR THOUSAND, ONE HUNDRED FIVE DOLLARS ($494,105) for the
actual costs of the Services provided under this AGREEMENT, subject to the terms and
conditions contained herein.
B. OCTA shall reimburse SBCTA an amount not to exceed ONE HUNDRED THIRTY-
SEVEN THOUSAND, FOUR HUNDRED SIXTY-SIX DOLLARS ($137,466) for the
actual costs of the Services provided under this AGREEMENT, subject to the terms and
conditions contained herein.
39
3
C. RCTC shall reimburse SBCTA ONE HUNDRED EIGHTY SIX THOUSAND, FOUR
HUNDRED FOURTY-FOUR DOLLARS $186,444 for the actual costs of the Services
provided under this AGREEMENT, subject to the terms and conditions contained herein.
D. SBCTA shall be responsible for an amount not to exceed ONE HUNDRED TWENTY
FIVE THOUSAND, TWO HUNDRED NINE DOLLARS ($125,209) for the actual costs
of the Services provided under this AGREEMENT, subject to the terms and conditions
contained herein.
E. VCTC shall reimburse SBCTA an amount not to exceed THIRTY FOUR THOUSAND,
FOUR HUNDRED NINETY-FIVE DOLLARS ($34,495) for the actual costs of the
Services provided under this AGREEMENT, subject to the terms and conditions
contained herein.
F. All costs, if any, associated with the initial implementation of the Consolidated Database
will be at no cost to LACMTA, OCTA and VCTC. RCTC and SBCTA will share the
initial costs associated with the Consolidated Database as outlined in this AGREEMENT.
G. The Parties shall jointly fund the Project and contribute their share of the Project as
outlined in Attachment B.
H. All disbursements of Funds shall be on a reimbursement basis only. Such disbursements
of Funds shall be considered an estimate subject to adjustment based on any Party’s audit
results.
I. Under no circumstances will the total amount of money paid to SBCTA for the Services
exceed the Funds, unless otherwise agreed to by the Party(s) in writing.
4. INVOICING
A. All invoices will be provided to LACMTA, OCTA, RCTC and VCTC on a quarterly
basis for only those quarters in which Services have been rendered. The quarterly invoice
shall include all appropriate documentation (such as contractor invoices, receipts, etc.).
All supporting documents must include a clear justification and explanation of their
relevance to the Project.
B. LACMTA, OCTA, RCTC and VCTC shall make payment to SBCTA within forty-five
(45) calendar days after receipt of SBCTA’s invoice prepared in accordance with
instructions above
40
4
Invoices shall be addressed to:
LACMTA
Accounts Payable
P.O. Box 512296
Los Angeles, CA 90051-0296
AccountsPayable@metro.net
Re: AGREEMENT 21-1002572
OCTA
Accounts Payable
P.O. Box 14184
Orange, CA 92863-1584
vendorinvoices@octa.net
Re: AGREEMENT 21-1002572
RCTC
Accounts Payable
PO BOX 12008
Riverside, CA 92502-2208
ap@rctc.org
Re: AGREEMENT 21-1002572
VCTC
Commuter Services
751 E. Daily Drive #420
Camarillo 93010
cgrasty@goventura.org
Re: AGREEMENT 21-1002572
Payments shall be addressed to:
SBCTA
1170 W. 3rd Street, 2nd Floor
San Bernardino, CA 92410
5. AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS
A. LACMTA, OCTA, RCTC and VCTC, and/or their designee(s), shall have the right to
conduct audits of the Project, as deemed appropriate. LACMTA, OCTA, RCTC and
VCTC may commence a final audit within six months of receipt of acceptable final
invoice. SBCTA agrees to establish and maintain proper accounting and cash management
records and documents in accordance with Generally Accepted Accounting Principles
(GAAP). SBCTA shall reimburse LACMTA, OCTA, RCTC and VCTC for any
expenditure not in compliance with the Scope of Services and/or not in compliance with
other terms and conditions as defined by this AGREEMENT. SBCTA’s expenditures
submitted to LACMTA, OCTA, RCTC and VCTC for this project shall be in compliance
with 2 CFR Subtitle A, Chapter II Part 225 Cost Principles for State, Local and Indian Tribal
Governments (OMB Circular A87).
B. SBCTA’s records shall include, without limitation, accounting records, written policies
and procedures, contract files, original estimates, correspondence, change order files
(including documentation covering negotiated settlements) and invoices, (all collectively
referred to as “Records”), which Records shall be open to inspection and subject to audit
and reproduction by LACMTA, OCTA, RCTC and VCTC auditors or authorized
representatives to the extent deemed necessary by LACMTA, OCTA, RCTC and VCTC
to adequately permit evaluation of expended costs. These records must be retained by
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SBCTA for three years following final payment under this AGREEMENT.
6. DEFAULT
A Default under this AGREEMENT is defined as failure of a Party(s) to comply with the terms and
conditions contained herein including but not limited to; (i) A Party(s) failsfailure to comply with
the Attachment 1 to the Software Agreement; (ii) A Party(s) authorizes a Trapeze Work Order as
noted in Section 10 without SBCTA participation; (iii) SBCTA authorizes a Trapeze Work Order as
noted in Section 10 prior to obtaining written approval from the Party(s).
A waiver by a Party(s) of one default of another Party(s) shall not be considered to be a waiver of
any subsequent default of the other Party(s), of the same or any other provision, nor be deemed to
waive, amend, or modify this AGREEMENT.
7. REMEDIES:
A. In the event of a Default by a Party(s), the non-Defaulting Party(s) shall provide written
notice of such Default to the Defaulting Party(s) identifying the Default and providing a 30-
day period in which to cure the Default. In the event the Defaulting Party(s) fails to cure the
Default or commit to cure the Default and commence the same within such 30-day period to
the satisfaction of the non-Defaulting Party(s), the following shall apply:
1. If SBCTA is the Defaulting Party: (i) The non-Defaulting Party(s) may terminate
their participation in this AGREEMENT; (ii) the non-Defaulting Party(s) may cease
making disbursements of Funds to SBCTA, except that the non-Defaulting Party(s)
shall reimburse SBCTA for Services provided prior to the event constituting the
Default; and/or (iii) the non-Defaulting Party(s) may recover damages and/or
expenses from SBCTA’s default to the extent allowed by law or in equity.
2. If LACMTA, OCTA, RCTC or VCTC is the Defaulting Party: (i) SBCTA may
cease the provision of the Services; and /or (ii) SBCTA may recover damages and/or
expenses resulting from the Defaulting Party(s)’s to the extent allowed by law or in
equity.
B. The remedies described herein are non-exclusive. The Party(s) shall have the right to
enforce any and all rights and remedies herein or which may be now or hereafter available at
law or in equity.
8. COMMUNICATIONS
A. The Parties shall ensure that all Communication Materials (as defined in 8.B.) contain
recognition of the Parties’ contribution to the Project. The Parties shall ensure that at a
minimum, all Communications Materials shall include (i) the phrase “This project was
partially funded by LACMTA, OCTA, RCTC, SBCTA and VCTC” or alternative
acceptable minimum language as approved in writing by the Parties; and (ii) the Parties’
logos, with the exception of press releases, which do not require the Parties’ logos. Prior to
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use in Communications Materials, each Party verify and approve, in writing, the correct
logo. .
B. For purposes of this AGREEMENT, “Communications Materials” include, but are not
limited to, literature, newsletters, publications, websites, advertisements, brochures, maps,
information materials, video, radio and public service announcements, press releases, press
event advisories, and all other related materials.
C. The Parties shall ensure that any subcontractor, including, without limitation, public
relations, public affairs, and/or marketing firms hired by a Party(s) to produce
Communications Materials related to this Project will comply with the requirements
contained in this Section.
9. OWNERSHIP OF MATERIALS/EQUIPMENT/CONFIDENTIALITY/USE OF DATA
A. Ownership and Use Rights. Ownership and the right to use all documents, Data,
Software or Successor Software (as defined in Section 10), and materials shall be in
accordance with the Software Agreement. This AGREEMENT does not confer upon any
Party any right or interest in any other Party’s collected or owned technical data.
B. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
materials, either created by or provided to a Party in connection with the performance of
this AGREEMENT shall be held confidential by that Party. No other Party shall use such
materials for any purposes other than the performance of the Services without the prior
written consent of the Party from which the materials were obtained. Nor shall such
materials be disclosed to any person or entity for any purpose other than the performance
of the Services. Nothing furnished to a Party which is otherwise known to another Party
or is generally known, or has become known, to the related industry shall be deemed
confidential. Except as required by Section 8 of this AGREEMENT, the Parties shall not
use any other Party’s name or insignia, photographs of the project, or any publicity
pertaining to the Services in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of that Party.
10. SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE
A. Software Licensing for the Regional Rideshare Software and products required under this
AGREEMENT shall be in accordance with the Software Agreement; in the event of a
conflict between the provisions of this AGREEMENT and the Software Agreement, the
provisions of the Software Agreement shall control. For the purposes of this
AGREEMENT, the below terms are defined as follows:
1. Software: The software programs and products or if the Regional Rideshare Software
is replaced, the successor software programs and products, provided such successor
software at a minimum performs the same functions as the Regional Rideshare Software,
that are licensed to the Parties or to be developed per the Software or Successor Software
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Module Enhancements noted in the paragraph below and delivered by SBCTA or its
subcontractors to the Parties under the AGREEMENT.
2. Software or Successor Software Enhancements: Enhancements or modifications
including but not limited to adding features or modules that are not provided under the
Software Agreement and that are made to Software or the Successor Software modules
by SBCTA or its subcontractors that are funded by a Party(s) or collectively the Parties
hereunder for the Project.
3. Data: The information, whether in hard copy, database, keypunch or other formats,
which is used as input to the Software or Successor Software or which is or has been
generated, collected, analyzed, created, prepared or developed by SBCTA, or its
respective subcontractors for the performance of the Project which is funded hereunder.
B. A Party(s) may request that SBCTA’s subcontractors generate Software or Successor
Software Enhancements using contingency funds identified in the Budget, Attachment B.
The requesting Party(s) may work directly with SBCTA’s subcontractors to develop a
Work Order for the requested modification(s), but the Work Order provided by SBCTA’s
subcontractors shall be approved and signed by SBCTA to ensure there is sufficient
budget for the enhancement(s). The cost share of the Work Order will be determined
based on the number of participating Party(s). If there is only one participating Party, the
cost will be the sole responsibility of that Party. If multiple Party(s) participate, the cost
will be shared by population share of the participating Party(s) or as otherwise agreed by
the participating Party(s). The cost share for each Work Order will be outlined and
attached to the Work Order, along with the written approval of all participating Parties,
including SBCTA.
The following shall apply for the Software or Successor Software and when any
Enhancements (Software or Successor Software) developed for the Project:
1. SBCTA’s subcontractors shall deliver the Software or Successor Software and
Software or Successor Software Enhancements electronically to the Party(s) online
websites. The Party(s) shall hold the Software or Successor Software and Software or
Successor Software Enhancements, and other written or electronic materials provided by
SBCTA’s contractors, in confidence, shall use and disclose them only as expressly
authorized herein or as required by law and only to its employees, consultants, agents or
sublicensees to whom disclosure is necessary for the performance and exercise of its
rights hereunder, and shall take reasonable steps to ensure that unauthorized persons will
have no access to them.
2. The Party(s) shall not sell, license or otherwise transfer any interest in the Data,
Software or Successor Software, Software or Successor Software Enhancements, or other
materials developed for utilization in the Project, without the prior written permission of
each of the Party(s).
11. SUBCONTRACTORS
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SBCTA shall not subcontract any portion of the work required by this Agreement, except as
expressly stated herein, without prior written approval of the Parties. The Parties understand and
agree that Trapeze will be a subcontractor for services under this AGREEMENT, unless the
Software is at some time replaced with Successor Software. If SBCTA desires to extend or enter
a new agreement with Trapeze beyond the terms identified in Section 2 of this AGREEMENT,
written approval is required by the Parties.
12. INDEMNIFICATION
A. No Party, nor any officers, directors, employees or agents thereof are responsible for
any injury, damage or liability occurring or arising by reason of anything done or omitted
to be done by any other Party under or in connection with any work, authority or
jurisdiction delegated to any other Party under this AGREEMENT. It is understood and
agreed that, pursuant to Government Code Section 895.4, that each Party shall fully
defend, indemnify and save harmless all other Parties, and their officers, directors,
employees and agents from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done by the indemnifying
Party under or in connection with any work, authority or jurisdiction delegated to the
indemnifying Party under this AGREEMENT. This provision shall survive termination of
this contract.
13. INSURANCE
A. Without in any way affecting the indemnity provisions identified in this AGREEMENT,
the Parties shall, at their own sole expense, and prior to the commencement of any work,
procure and maintain in full force, insurance through the entire term of this
AGREEMENT and shall be with at least the limits of liability as identified in this section.
Any Party(s) that are a self -insured public entity for purposes of the liabilities identified
in this section warrants that through its program of self-insurance, it has adequate
coverage or resources to protect against liabilities arising out of the performance of the
terms, conditions or obligations of this AGREEMENT.
1. Professional Liability - Shall be provided in an amount not less than $1,000,000, per
claim and $2,000,000 in the aggregate. The Parties shall secure and maintain this
insurance or “tail” coverage provided throughout the term of this Agreement and for a
minimum of three (3) years after Agreement completion.
2. Workers' Compensation - Worker’s Compensation insurance shall be provided in an
amount and form to meet all applicable requirements of the Labor Code of the State
of California, including Employers Liability with $1,000,000 limits, covering all
persons providing services on behalf of the respective Party and all risks to such
persons under this Agreement.
3. Commercial General Liability - To include coverage for Premises and Operations,
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Contractual Liability, Personal Injury Liability, Products/Completed Operations
Liability, Broad-Form Property Damage and Independent Contractors' Liability, in an
amount of not less than $1,000,000 per occurrence, combined single limit, and
$2,000,000 in the aggregate written on an occurrence form. For products and
completed operations a $2,000,000 aggregate shall be provided.
4. Automobile Liability - To include owned, non-owned and hired automobiles, in an
amount of not less than $1,000,000 per occurrence, combined single limit, and in the
aggregate written on an occurrence form.
5. Network and Privacy Insurance – Each of the parties shall carry Network and Privacy
(Errors and Omissions) insurance in an amount of not less than $1, 000,000 per claim
and $1,000,000 in the annual aggregate, protecting itself and each Party from the
following exposures related to this Agreement:
(i) the theft, dissemination and/or unauthorized disclosure or use of
confidential information and personally identifiable information (not to be
limited to bank information, social security numbers, health information,
credit card account information, and confidential corporate information).
Such insurance shall also include coverage for credit monitoring,
notification expenses and other related costs associated with mitigating a
data security or privacy breach; and
(ii) the introduction of a computer virus into, or otherwise causing damage to, a
computer, computer system, network or similar computer-related property
and the data, software, and programs used herein.
(iii) If such insurance is maintained on an occurrence basis, the Parties shall
maintain such insurance for an additional period of one year following the
end of the applicable Term. If such insurance is maintained on a claims-
made basis, the parties shall maintain such insurance for an additional
period of three years following the end of the applicable Term.
B. Proof of Coverage – SBCTA shall furnish certificates of insurance to the other Parties
and the other Parties shall furnish certificates of insurance to SBCTA evidencing the
insurance coverage required above, prior to the commencement of performance of service
hereunder, and such certificates shall include the other Party as an additional insured on
all insurances except Worker’s Compensation and Professional Liability. The certificates
of insurance must be executed by a duly authorized representative of each insurer,
showing compliance with the insurance requirements set forth in this Article. If the
insurance company elects to cancel or non-renewed coverage for any reason, the
responsible Party will provide 30 days’ notice of such cancellation or nonrenewal to the
other Party. If a Party’s policy is cancelled for nonpayment of premium, the applicable
Party shall provide the other Party ten (10) days’ notice. All certificates of insurance are
to include the contract number and Program Manager’s name.
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14. KEY PERSONNEL AND NOTICES
A. The Parties have designated the following as key personnel for the Project and will
provide written email notice of any key Project staffing changes or other notifications
required in this AGREEMENT.
LACMTA:
Martin Buford
Sr. Manager, Transportation Planning
Shared Mobility & Implementation
BufordM@metro.net
OCTA:
Kristopher Hewkin
Marketing Specialist – Vanpool
khewkin@octa.net
RCTC:
Brian Cunanan
Program Manager,
Commuter & Motorist Assistance
bcunanan@rctc.org
SBCTA:
Nicole Soto
Mobility Analyst, Transit & Rail
nsoto@gosbcta.com
VCTC:
Claire Grasty
Program Manager,
Regional Planning, Rail and TDA Programs
cgrasty@goventura.org
B. 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
email during regular business hours, or (b) the first business day following delivery by
email when not made during regular business hours. Each such notice shall be sent to the
respective Party(s) at the email address indicated above or to any other email address as
the respective Party(s) may designate from time to time by a notice given in accordance
with this Section. A Party shall notify all other Parties of any contact information changes
within five (5) business days of the change.
15. OTHER TERMS AND CONDITIONS
A. This AGREEMENT shall not be amended, nor any provisions or breach hereof waived,
except by written Amendment signed by the Parties.
B. In the event that there is any legal court (e.g., Superior Court of the State of California or
U.S. District Court for the Central District of California) proceeding between the Parties to
enforce or interpret this AGREEMENT, to protect or establish any rights or remedies
hereunder, the prevailing party shall be entitled to its costs and expenses, including
reasonable attorney’s fees.
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C. No Party(s) hereto shall be considered in default in the performance of its obligation
hereunder to the extent that the performance of any such obligation is prevented or delayed
by unforeseen causes including acts of God, acts of a public enemy, pandemics, and
government acts beyond the control and without fault or negligence of the affected party.
Each Party hereto shall give notice promptly to the other Parties of the nature and extent of
any such circumstances claimed to delay, hinder, or prevent performance of any obligations
under this AGREEMENT.
D. SBCTA shall comply with and ensure that work performed under this AGREEMENT is
done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable
provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and
procedural requirements including Federal Acquisition Regulations (FAR). .
E. SBCTA shall not assign this AGREEMENT, or any part hereof, without prior written
approval of each Party, and any assignment without said consent shall be void and
unenforceable.
F. This AGREEMENT shall be governed by California law. If any provision of this
AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue in full force without
being impaired or invalidated in any way.
G. The covenants and agreements of this AGREEMENT shall inure to the benefit of, and shall
be binding upon, each of the Parties and their respective successors and assigns.
H. SBCTA in the performance of the work described in this AGREEMENT is not a contractor
nor an agent or employee of LACMTA, OCTA, RCTC or VCTC. SBCTA attests to no
organizational or personal conflicts of interest and agrees to notify LACMTA, OCTA,
RCTC and VCTC immediately in the event that a conflict, or the appearance thereof, arises.
SBCTA shall not represent itself as an agent or employee of LACMTA, OCTA, RCTC or
VCTC and shall have no powers to bind LACMTA, OCTA, RCTC or VCTC in contract or
otherwise.
I. This AGREEMENT may be executed in counterparts, each of which shall constitute an
original. 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 so long as the
signature complies with Government Code § 16.5 and the Uniform Electronic
Transactions Act, Civil Code §§ 1633.1 et seq.
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By: _____________________________________________
Phillip A. Washington Date
Chief Executive Officer
APPROVED AS TO FORM:
Rodrigo A. Castro-Silva
County Counsel
By:
Deputy Date
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ____________________________________________
Georgia Martinez Date
Department Manager,
Contracts and Procurement
APPROVED AS TO FORM:
By: ____________________________________________
James M. Donich Date
General Counsel
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
RIVERSIDE COUNTY TRANSPORATION COMMISSION
By: ____________________________________________
Anne Mayer Date
Executive Director
APPROVED AS TO FORM:
By: ____________________________________________
Best Best & Krieger, LLP Date
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
By: _________________________________________________
Frank J. Navarro Date
President, Board of Directors
APPROVED AS TO FORM:
By: _______________________ __________________________
Julianna K. Tillquist Date
General Counsel
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IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their
duly authorized representatives as of the dates indicated below:
VENTURA COUNTY TRANSPORTATION COMMISSION
By:
Darren Kettle Date
Executive Director
APPROVED AS TO FORM:
By:
Steven T. Mattas Date
Legal Counsel
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Agreement No. 20-1002371-01 Page 1 of 7
RCTC Agreement No. 20-41-090-01
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. 20-1002371
BY AND BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION
FOR
THE PROVISION OF RIDESHARE
PROGRAM IMPLEMENTATION
This Amendment No. 1 to Cooperative Agreement (“Amendment No. 1”) is made and entered into
as of July 1, 2021 by and between the San Bernardino County Transportation Authority (“SBCTA”),
whose address is 1170 W. 3rd Street, 2nd Floor, San Bernardino, California 92410-1715, and Riverside
County Transportation Commission (“RCTC”), located at 4080 Lemon St, Riverside, California 92501.
SBCTA and RCTC are each a “Party” and collectively the “Parties”.
RECITALS:
A.WHEREAS, The Parties entered into a Cooperative Agreement dated July 1, 2020 for the
Provision of Rideshare and Vanpool Program Implementation and Software (“Cooperative
Agreement”); and
B.WHEREAS, The Parties desire to reduce the provision of rideshare and vanpool software from
the Cooperative Agreement, the balance of which will be transferred to a new five (5)-county
regional rideshare software agreement with Los Angeles County Metropolitan Transportation
Authority (LACMTA), Orange County Transportation Authority (OCTA), RCTC, SBCTA and
Ventura County Transportation Commission (VCTC); and
C.WHEREAS, The Parties operate a bi-county Rideshare program (“PROJECT”) which provides
services and support for each Party’s respective Transit and/or Multi-modal programs
(“RIDESHARE AND MULTI-MODAL PROGRAMS ”); and
D.WHEREAS, The Parties desire to add miscellaneous rideshare and multi-modal services
required for maintaining and improving the Parties’ RIDESHARE AND MULTI-MODAL
PROGRAMS to this agreement, which are either costs shared by RCTC and SBCTA or
administered by RCTC on behalf of SBCTA; and
E.WHEREAS, RCTC will engage and has the necessary resources to manage contractors providing
miscellaneous rideshare and multi-modal services (“MISCELLANEOUS SERVICE
CONTRACTORS”).
NOW THEREFORE, in consideration of the above recitals, and the terms and conditions contained
herein, SBCTA and RCTC agree to amend the Cooperative Agreement as follows:
1.Capitalized terms used in the Cooperative Agreement and also set forth in the Recitals to this
Amendment No. 1 shall have the meaning as set forth in this Amendment No. 1. Capitalized terms
not otherwise defined herein shall have the meaning as set forth in the Cooperative Agreement.
2.Attachment 1 – Software License and Maintenance Agreement is deleted in its entirety.
ATTACHMENT 2
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Agreement No. 20-1002371-01 Page 2 of 7
3. Exhibit B – SBCTA SOFTWARE CONTRACTOR is replaced with Exhibit B.1.
4. ARTICLE 2. COMPENSATION, Subsection 2.3.2 is deleted in its entirety and replaced with the
following:
“2.3.2 That RCTC’s total obligation to SBCTA shall not exceed Two Thousand Five Hundred
Dollars ($2,500), for the services rendered through the SOFTWARE CONTRACTOR.”
5. ARTICLE 4. INDEMNIFICATION AND INSURANCE, Subsection 4.2 is deleted in its entirety and
replaced with the following:
“4.2 Without in any way affecting the indemnity provisions identified in this Agreement, RCTC
shall, at their own sole expense, and prior to the commencement of any work, procure and
maintain in full force, insurance through the entire term of this Agreement and shall be written
with at least the following limits of liability:
4.2.1 Professional Liability - Shall be provided in an amount not less than $1,000,000,
per claim and $2,000,000 in the aggregate. RCTC shall secure and maintain this insurance or
“tail” coverage provided throughout the term of this Agreement and for a minimum of three
(3) years after Agreement completion.
4.2.2 Workers' Compensation - Workers’ Compensation insurance shall be provided in
an amount and form to meet all applicable requirements of the Labor Code of the State of
California, including Employers Liability with $1,000,000 limits, covering all persons
providing services on behalf of the respective Party and all risks to such persons under this
Agreement.
4.2.3 Commercial General Liability - To include coverage for Premises and Operations,
Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability,
Broad-Form Property Damage and Independent Contractors' Liability, in an amount of not less
than $1,000,000 per occurrence, combined single limit, and $2,000,000 in the aggregate
written on an occurrence form. For products and completed operations a $2,000,000 aggregate
shall be provided.
4.2.4 Automobile Liability - To include owned, non-owned and hired automobiles, in an
amount of not less than $1,000,000 per occurrence, combined single limit, and in the aggregate
written on an occurrence form.
4.2.5 Network and Privacy Insurance – RCTC shall carry, or shall cause its contractors
to carry, Network and Privacy (Errors and Omissions) insurance in an amount of not less than
$1,000,000 per claim and $1,000,000 in the annual aggregate, protecting itself and the other
Party from the following exposures relating to RCTC or any of their contractors performance
under the Agreement:
(i) the theft, dissemination and/or unauthorized disclosure or use of Confidential
Information and personally identifiable information (not to be limited to bank information,
social security numbers, health information, credit card account information, and
confidential corporate information). Such insurance shall also include coverage for credit
monitoring, notification expenses and other related costs associated with mitigating a data
security or privacy breach; and
(ii) the introduction of a computer virus into, or otherwise causing damage to, a computer,
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Agreement No. 20-1002371-01 Page 3 of 7
computer system, network or similar computer-related property and the data, software, and
programs used herein.
If such insurance is maintained on an occurrence basis, RCTC or their contractors shall
maintain such insurance for an additional period of one year following the end of the
applicable Term. If such insurance is maintained on a claims-made basis, RCTC or their
contractors shall maintain such insurance for an additional period of three years following
the end of the applicable Term.
4.2.6 Proof of Coverage – RCTC shall furnish certificates of insurance to SBCTA
evidencing the insurance coverage required above, prior to the commencement of performance
of services hereunder, and such certificates shall include SBCTA as an additional insured on
all insurances except Workers’ Compensation and Professional Liability. Prior to commencing
any work, RCTC shall furnish SBCTA with a certificate(s) of insurance, executed by a duly
authorized representative of each insurer, showing compliance with the insurance requirements
set forth in this Article. If the insurance company elects to cancel or non-renew coverage for
any reason, RCTC will provide 30 days’ notice of such cancellation or nonrenewal to SBCTA.
If RCTC’s policy is cancelled for nonpayment of premium, RCTC shall provide SBCTA ten
(10) days’ notice. RCTC shall maintain such insurance from the time RCTC commences
performance of services hereunder until the completion of such Services. All certificates of
insurance are to include the contract number and Project Manager’s name.
4.2.7 Additional Insured - All policies, except for Workers’ Compensation and
Professional Liability policies, shall contain endorsements naming SBCTA and its officers,
employees, agents, and volunteers as additional insureds with respect to liabilities arising out
to the performance of Services hereunder. The additional insured endorsements shall not limit
the scope of coverage for SBCTA to vicarious liability but shall allow coverage for SBCTA to
the full extent provided by the policy.
4.2.8 Waiver of Subrogation Rights – RCTC shall require the carriers of the above
required coverages to waive all rights of subrogation against SBCTA, its officers, employees,
agents, volunteers, contractors, and subcontractors. All general auto liability insurance
coverage provided shall not prohibit RCTC or its contractors, employees or agents from
waiving the right of subrogation prior to a loss or claim. RCTC hereby waives all rights of
subrogation against SBCTA.
4.2.9 All policies required to be carried by RCTC herein are to be primary and non-
contributory with any insurance carried or administered by SBCTA.
4.2.10 Certificates/Insurer Rating/Cancellation Notice -
(i) RCTC shall maintain and shall require their contractors to maintain such
insurance from the time the PROJECT commences until the PROJECT is
completed, except as may be otherwise required by this Section.
(ii) RCTC may legally self-insure, but shall require their contractors to place
insurance with insurers having an A.M. Best Company rating of no less than A:VIII
and licensed to do business in California.
(iii) RCTC and their consultants shall replace certificates, policies and
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Agreement No. 20-1002371-01 Page 4 of 7
endorsements for any insurance expiring prior to completion of the PROJECT.”
6. ARTICLE 7. CONFIDENTIAL INFORMATION/NON-DISCLOSURE, Subsections 7.1, 7.2, 7.3 7.4
and 7.5 are deleted in their entirety and replaced with the following:
“7.1 Confidential Information. “Confidential Information” shall include: all data or information
accessible in connection with the PROJECT; all personal information of PROJECT
participants, including but not limited to a participant’s residence address, employment address
or hours of employment used for the purpose of assisting private entities in the establishment
or implementation of carpooling or ridesharing programs and subject to California Penal Code
Section 637.6, as well as names, biographical information, demographic information, use data,
contact information, or similar personal information of participants; and any and all data,
content, materials, documents and/or other information related to the PROJECT designated,
from time to time, in writing by the Parties as Confidential Information.
7.2 Non-Disclosure. Except as required by law, both Parties shall hold the Confidential
Information in confidence, shall take reasonable precaution to protect and keep the
Confidential Information confidential, shall not disclose the Confidential Information to any
person or party not specifically authorized in writing by the affected Party to receive the
Confidential Information, and shall not use the Confidential Information for any purpose other
than as necessary to operate the PROJECT. Further, neither Party shall disclose a participant’s
personal information, including but not limited to a participant’s residence address,
employment address or hours of employment, used for the purpose of assisting private entities
in the establishment or implementation of ridesharing programs, to any other person or use
such information for purposes other than as necessary to operate the PROJECT, without the
prior written consent of the participant, as required by California Penal Code section 637.6.
Parties shall limit access to the Confidential Information only to individuals who are directly
involved in operation of the PROJECT, and shall further ensure that such individuals are
legally bound to maintain the confidentiality of the Confidential Information on substantially
the same terms as set forth herein. The foregoing restrictions on disclosure shall not apply to
Confidential Information which is (a) becomes, through no act or fault of the recipient, publicly
known, b) received by recipient from a third party without a restriction on disclosure or use,
(c) independently developed by recipient without reference to the Confidential Information, or
(d) is required by law, or process of law, to be disclosed.
7.3 Expiration. Immediately upon (a) the expiration or termination of this Agreement, or (b) a
request by a Party, the other Party shall turn over to requesting Party all Confidential
Information of or directly pertaining to the requesting Party, as identified in Article 6.1, and
all documents or media containing any such Confidential Information, and any and all copies
or extracts thereof, except that each Party’s legal counsel may retain one copy of all
Confidential Information in its office solely for archival legal purposes. The foregoing shall
not be interpreted to require the Parties to remove Confidential Information stemming from
PROJECT databases to which each Party may be entitled a copy, nor to cease use of such
information on termination of this Agreement, provided that such use is for operation of the
Rideshare Program.
The Parties recognize that, pursuant to this provision, a Party may request copies of or export
files from PROJECT databases containing Confidential Information of commuters and
employers participating in the PROJECT. The requesting Party shall be solely responsible for
maintaining the confidentiality and security of such data, and shall indemnify the other Party,
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Agreement No. 20-1002371-01 Page 5 of 7
pursuant to Article 6.1 of this Agreement, for any claims arising out of use or retention of such
data.”
7.4 Key Personnel. The Parties shall designate key personnel (“Key Personnel”) requiring access
to the RIDESHARE AND MULTI-MODAL PROGRAMS. Key Personnel shall use
Confidential Information only and strictly for the operation of the PROJECT, and shall not
disclose or share such Confidential Information, whether or not employed or in any way
associated with either Party, who has not been specifically approved in writing to receive such
Confidential Information.
7.5 Non-Disclosure and Confidentiality Agreement. To protect Confidential Information, each
Party shall require each of its Key Personnel to execute a Non-Disclosure and Confidentiality
Agreement substantially in the form of Exhibit D, attached hereto and incorporated by this
reference. Each Party shall provide the other Party a signed Non-Disclosure and
Confidentiality Agreement for each Key Personnel designated below or designated from time-
to-time by SBCTA's or RCTC’s Executive Director or designee, respectively, prior to the
Parties’ disclosure of any log-in information or other Confidential Information to such Key
Personnel. SBCTA and RCTC, respectively, designate the following individuals as Key
Personnel requiring access to the PROJECT:
SBCTA RCTC
Nicole Soto, Mobility Analyst Brian Cunanan, Program Manager
Nancy Strickert, Transit Manager Ariel Alcon Tapia, Sr. Management Analyst
”
MISCELLANEOUS PROVISIONS TO AMENDMENT NO. 1
7. The Recitals set forth above are incorporated herein by this reference.
8. Except as amended by this Amendment No. 1, all other provisions of the Agreement shall remain in
full force and effect.
9. This Amendment No. 1 is effective upon execution by the Parties.
10. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
11. A manually signed copy of this Amendment No. 1 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. 1 for all purposes. This Amendment No. 1 may be
signed using an electronic signature.
-------------------------SIGNATURES ARE ON THE FOLLOWING PAGE-------------------------
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Agreement No. 20-1002371-01 Page 6 of 7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement below.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By: By:
Curt Hagman
President, Board of Directors
Anne Mayer,
Executive Officer
Date: Date:
APPROVED AS TO FORM APPROVED AS TO FORM
By: By:
Julianna K. Tillquist
General Counsel Best, Best & Krieger, LLP,
General Counsel
Date: Date:
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Agreement No. 20-1002371-01 Page 7 of 7
Exhibit B-1– SBCTA SOFTWARE CONTRACTOR
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REGIONAL RIDESHARE CONSOLIDATED DATABASE PROJECT
MEMORANDUM OF UNDERSTANDING NO. 21-1002573
This MOU is entered into between LACMTA, OCTA, RCTC, SBCTA and VCTC for the
Regional Rideshare Consolidated Database Project.
1.WHEREAS, SBCTA has entered into Contract No. 19-1002203 with Trapeze, whereby
Trapeze provides regional rideshare software to support a regional rideshare database.
2.WHEREAS, the Parties have entered into a Regional Rideshare Software Agreement.
3.WHEREAS, the Parties desire to enter into this MOU as part of the effort to merge the
regional rideshare databases allowing for a Consolidated Database and establish the roles and
responsibilities of the Parties for the Project.
4.WHEREAS, SBCTA has agreed to perform services necessary to implement the Project
through its Contract with Trapeze on the terms and conditions contained herein;
NOW, THEREFORE, the parties to this MOU agree to the following terms and procedures:
1.DEFINITIONS
A.Commuter Account Data - Data related to rideshare participants including, but not
limited to, PII
B.Confidential Information - Log-in information and all Software, Data and PII
C.Consolidated Database - 5-county regional rideshare database
D.Employer Data - Data related to employer participants in any Party’s rideshare program
E.ETC - Employer Transportation Coordinator
F.Initial Term - Effective as of the date signed by all Parties through July 31, 2021
G.Key Personnel - Designated by the Parties and authorized to access the Consolidated
Database
H.LACMTA - Los Angeles County Metropolitan Transportation Authority
I.MOU - Memorandum of Understanding
J.OCTA - Orange County Transportation Authority
K.Parties - LACTMA, OCTA, RCTC, SBCTA and VCTC collectively
L.Party - LACTMA, OCTA, RCTC, SBCTA and VCTC individually
M.PII - Personally Identifiable Information of rideshare participants, including names,
phone numbers, home address, employer and work address, email addresses, and any
other information that could be used to identify a person
N.Primary county rideshare service provider for commuters – Assigned by commuter
home destination
O.Primary county rideshare service provider for employers – Assigned by employer
work destination
P.RCTC - Riverside County Transportation Commission
Q.Regional Rideshare Software Agreement - Agreement No. 21-1002572 for SBCTA’s
provision of the regional rideshare software on behalf of LACMTA, OCTA, RCTC and
ATTACHMENT 3
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VCTC.
R. Regional rideshare software - Services and licenses software to support a regional
rideshare database
S. Renewal Term(s) - Additional one year periods following the Initial Term
T. Rideshare service provider - For employers with multiple sites, the location of the
applicable ETC or employer’s headquarters dictate which Party is the rideshare service
provider
U. SBCTA - San Bernardino County Transportation Authority
V. The Project - Implementation and operation of the Consolidated Database
W. Trapeze - Trapeze Software Group, Inc.
X. VCTC - Ventura County Transportation Commission
2. SCOPE OF SERVICES
A. SBCTA shall furnish all technical and professional services, including labor, material,
equipment, transportation, supervision and expertise, necessary to fully and adequately
perform the merger of the two existing rideshare databases. SBCTA will perform the
merger at no cost to LACMTA, VCTC or OCTA. RCTC will share in certain costs
related to the Project, as per the Regional Rideshare Software Agreement related to such
cost sharing.
B. Once, the merger of the databases has been completed, the Parties agree to participate in
quarterly meetings to ensure program continuity and agreed upon software changes and
updates to ensure mutually beneficial upgrades for all Parties. Additional meetings can
be requested by the Parties as needed.
3. TERM
The Agreement shall be effective as of the date signed by all Parties. Upon expiration of the
Initial Term the MOU shall automatically renew for additional Renewal Terms. Any Party may
withdraw from the MOU at any time by providing the other Parties with written notice of such
withdrawal 30 days prior to such withdrawal. Subject to such withdrawal, the Parties shall retain
data as identified in Section 8, Ownership of Materials/Equipment/Confidentiality/Use of Data.
4. DEFAULT
A Default under this MOU is defined as any one or more of the following: (i) A Party fails to
comply with the terms and conditions contained herein; or (ii) A Party fails to perform its
obligations set forth in this MOU.
5. REMEDIES
Any Party that fails to comply with its obligations regarding access to the Consolidated Database, or
use and maintenance of PII and other confidential information, as defined below, following written
notice of such Default, shall be immediately restricted from access to the Consolidated Database
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until the Parties agree on and implement a plan for correction. The Parties shall not unreasonably
withhold approval of such plan.
In the event of a Default by any Party not addressed as set forth above, any non-Defaulting party(s)
shall provide written notice of such Default to the party in Default providing a 30-day period to cure
the Default. In the event the Defaulting party fails to cure the Default, or commit to cure the Default
and commence the same within such 30-day period to the satisfaction of the non-Defaulting
party(s), such non-Defaulting party(s) may terminate their participation in the MOU. The remedies
described herein are non-exclusive. The Parties have the right to enforce any and all rights and
remedies herein or which may be now or hereafter available at law or in equity.
6. INDEMNITY
No Party nor any officer or employee thereof is responsible for any injury, damage or liability
occurring by reason of anything done or omitted to be done by any other Party, or such other Party’s
contractors, sub-contractors, and/or its agents under or in connection with any activity covered by
this MOU. It is understood and agreed that each Party, to the extent permitted by law, will defend,
indemnify, and save harmless all other Parties and all of their respective officers and employees
from all claims, suits, or actions of every name, kind, and description brought forth under, but not
limited to, tortious, contractual, or other theories and assertions of liability occurring by reason of:
(i) the indemnifying Party’s breach of any obligations under this MOU; or (ii) any negligent act,
omission or willful misconduct of the indemnifying Party, or its officers, agents, employees,
contractors or subcontractors in connection with the Project; use or storage of any data accessed
through the Consolidated Database contrary to the provisions of this MOU.
7. SOFTWARE LICENSING AGREEMENT AND PROVISIONS FOR USE
A. Software Licensing for the computer software and products required under this MOU
shall be in accordance with the Regional Rideshare Software Agreement, the provisions
of which shall control over the terms of this MOU. For the purposes of this MOU, the
below terms are defined as follows:
1. Software: The software programs and products developed or to be developed and
delivered to the Parties under the Regional Rideshare Software Agreement.
2. Data: The information, whether in hard copy, database, keypunch or other formats,
which is used as input to the Software or which is or has been generated, collected,
analyzed, created, prepared or developed by Trapeze, or its respective subcontractors
for the performance of the Project, which is used by the Parties for the Project.
B. The following rules shall apply to all Data:
1. The Parties shall hold the Data in confidence, shall use and disclose Data only as
expressly authorized in the Regional Rideshare Software Agreement, herein, and only
to its employees, agents or sub licensees to whom disclosure is necessary or
appropriate for the performance and exercise of its rights hereunder, or as required by
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4
law, and shall take reasonable steps to ensure that unauthorized persons will have no
access to them.
2. The Parties shall not sell, license or otherwise transfer any interest in the Data or
other materials in some manner developed for utilization in the Program, without the
prior written permission of each Party’s Executive Officer or designee.
C. Notwithstanding the foregoing, rideshare participant data, including PII, may be used
and disclosed without prior written permission for ridesharing and ridematching
purposes in accordance with each respective Party’s rideshare program, and the
requirements herein. Such data and PII is knowingly and voluntarily provided by
participants for purposes of ridesharing and ridematching.
8. OWNERSHIP OF MATERIALS/EQUIPMENT/CONFIDENTIALITY/USE OF DATA
A. Ownership and Use Rights. Ownership and the right to use all documents, Data,
Software and materials shall be in accordance with the Regional Rideshare Software
Agreement.
B. Use of Data. As a user of the Consolidated Database, Data is accessible to the Parties in
electronic media as outlined in the Regional Rideshare Software Agreement. Subject to
the limits below, Data is accessible 24 hours, 7 days a week to all Parties to input, use,
access and manipulate the Data to prepare reports and perform other ridematching
functions contemplated by this MOU, or part of a Party’s rideshare program. If
electronic access to Data is interrupted for a Party(s), Data owned by the Party(s) as
outlined below shall be provided upon availability to the Party(s) but no later than 30
days after a written email request has been made to SBCTA or, at the direction of
SBCTA, to Trapeze. All Data shall be delivered electronically in electronic media
format.
It is the intent of the Parties that Commuter Account Data and Employer Data be
accessible as detailed above, subject to the following:
1. A Party shall have access to and shall have non-exclusive ownership of any:
i. Commuter Account Data for commuters originating in the county of that
Party, regardless of the commuter’s destination.
ii. Commuter Account Data for commuters destined for an employer in the
county of that Party, regardless of the home address of the commuter.
iii. All Employer Data for employers located within the county of that Party.
iv. All Employer Data for employers with commuter accounts originating in
the county of the Party.
Upon expiration or termination of this MOU, each Party shall have the right to retain files
associated with the Party, as detailed above, including PII, on the condition that any Party
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exercising this right shall be solely responsible for maintaining the confidentiality and
security of such PII.
9. SAFEGAURDING PERSONALLY IDENTIFIABLE INFORMATION
A. The Parties acknowledge that the Data may include PII of rideshare participants.
Furthermore, as is customary for this program, participants are not allowed to use their
social security number and/or driver’s license number, in whole or in part, as a personal
identifier. Therefore, the PII in the Consolidated Database is not intended to contain
social security or driver’s license information.
B. The Parties warrant and certify that they, and their third party contractors that administer
or may assist in administering their rideshare programs, will only use PII for the
operation and management of the Project or respective rideshare program, and will not
sell or otherwise provide PII to any person or entity for any other purpose, and that they
will observe security measures meeting reasonable industry standards. The Parties
further warrant that they will comply with all applicable statutes, rules, regulations and
orders of the United States, the State of California and their own respective agencies
relating to the handling and confidentiality of PII and agree to, consistent with Section 6,
Indemnification, indemnify any other Party against any loss, cost, damage or liability by
reason of a Party's, or its third party contractor’s, violation of this provision.
C. Each Party shall immediately notify the other Parties when it discovers that there may
have been a breach in security which has or may have resulted in compromise to the PII.
For purposes of this section, immediately is defined as within two hours of discovery.
10. KEY PERSONNEL
Each Party shall designate in writing Key Personnel authorized to access the Consolidated
Database. Key Personnel shall be granted log-in information to enable access to the
Consolidated Database. Key Personnel shall use Confidential Information only for regional
rideshare purposes and shall not otherwise disclose or share such log-in information, or any other
Confidential Information, with any individual or party not authorized to access the Consolidated
Database. Each Party shall share the name(s) of its Key Personnel with all other Party’s on an
annual basis.
Each Key Personnel shall execute a Non-Disclosure and Confidentiality Agreement, in a form to
be agreed upon by the Parties, prior to accessing the Consolidated Database.
11. ASSIGNING “PRIMARY COUNTY RIDESHARE SERVICE PROVIDER”
A. The Parties agree to utilize a home destination basis for assigning “primary
county rideshare service provider” for commuters.
B. The Parties agree to utilize a work destination basis for assigning “primary county
rideshare service provider” for employers.
C. For employers with multiple sites, the location of the applicable ETC or
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employer’s headquarters shall dictate which Party shall be considered the
“rideshare service provider”.
12. OTHER TERMS AND CONDITIONS
A. This MOU, along with its Attachments, constitutes the entire understanding among
the Parties with respect to the subject matter herein. The MOU shall not be
amended, nor any provisions or breach hereof waived, except in writing signed by
the Parties.
B. In the event that there is any legal court (e.g., Superior Court of the State of
California or the U.S. District Court for the Central District of California)
proceeding between any two or more of the Parties to enforce or interpret this MOU,
to protect or establish any rights or remedies hereunder, the prevailing Party shall be
entitled to its costs and expenses, including reasonable attorney’s fees.
C. No Party hereto shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of any such obligation is prevented or
delayed by unforeseen causes including acts of God, acts of a public enemy, and
government acts beyond the control and without fault or negligence of the affected
Party. Each Party hereto shall give notice promptly to the others of the nature and
extent of any such circumstances claimed to delay, hinder, or prevent performance
of any obligations under this MOU.
D. No Party may assign this MOU, or any part thereof, without prior written approval
of all other Parties, and any assignment without said consent shall be void and
unenforceable.
E. This MOU shall be governed by California law. If any provision of this MOU is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force without being impaired
or invalidated in any way.
F. The covenants and agreements of this MOU shall inure to the benefit of, and shall be
binding upon, each of the Parties and their respective successors and assigns.
G. Notice will be given to the Parties at the address specified below, unless otherwise
notified in writing of change of address.
H. All rights and obligations hereunder that by their nature are to continue after any
withdrawal from, expiration or termination of this MOU, including, but not limited
to, the indemnification and confidentiality obligations, shall survive any such
withdrawal, expiration or termination.
I. This MOU may be executed in counterparts, each of which shall constitute an
original. A manually signed copy of this MOU which is transmitted by facsimile,
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7
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 MOU for all purposes.
This MOU may be signed using an electronic signature, provided such electronic
signature complies with Government Code § 16.5 and the Uniform Electronic
Transactions Act, Civil Code §§ 1633.1 et seq.
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IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By: ______________________________________________
Phillip A. Washington Date
Chief Executive Officer
APPROVED AS TO FORM:
Mary C. Wickham
County Counsel
By:
Deputy Date
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9
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ____________________________________________
Darrell E. Johnson Date
Chief Executive Officer
APPROVED AS TO FORM:
By:
[update w/ OCTAs] Date
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10
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
RIVERSIDE COUNTY TRANSPORATION COMMISSION
By: __________________________________________
Anne Mayer Date
Executive Director
APPROVED AS TO FORM:
By:
Best Best & Krieger, LLP Date
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IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
By: __________________________________________
Raymond W. Wolfe Date
Executive Director
APPROVED AS TO FORM:
By:
Julianna K. Tillquist Date
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IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
VENTURA COUNTY TRANSPORTATION COMMISSION
By: ____________________________________________
Darren (middle initial?) Kettle Date
Executive Director
APPROVED AS TO FORM:
By:
[update w/ VCTCs] Date
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RESOLUTION NO. 21-013
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ADOPTING AMENDED GUIDELINES FOR THE ADMINISTRATION OF THE
MEASURE A FUNDED COMMUTER INCENTIVE PROJECTS
AS PART OF ITS COMMUTER ASSISTANCE PROGRAM
WHEREAS, in 1988 Riverside County residents approved the original Measure A imposing a 1/2
cent sales tax for transportation purposes within the County of Riverside; and
WHEREAS, on November 5, 2002 the voters of Riverside County approved the extension of
Measure A, authorizing the collection of a one-half percent (1/2%) retail transactions and use tax
to fund transportation programs and improvements within the County of Riverside, and adopting
the Riverside County Transportation Improvement Plan (the “Plan”); and
WHEREAS, the Plan provides that a minimum of $50 million in revenues generated under
Measure A are designated for Western Riverside County commuter assistance efforts designed
to encourage single occupant vehicle drivers to carpool, vanpool, buspool, walk, bicycle, telework
or use public transit (bus/train) to and from work to reduce congestion during peak rush hour
periods; and
WHEREAS, the Riverside County Transportation Commission (“Commission”) has established a
Commuter Assistance Program which includes the following commuter incentive subsidies: the
$2/Day Incentive (to be changed to $5/Day Incentive) and the VanClub Program; and
WHEREAS, the Commission also implements drawings, sweepstakes and similar incentives under
the Commuter Assistance Program; and
WHEREAS, the Commission now desires to revise the guidelines established under the original
Measure A, adopted pursuant to Resolution 03-025. This Resolution is intended to supersede, in
its entirety, Resolution 03-025; and
WHEREAS, pursuant to this Resolution, the Commission intends to adopt current guidelines for
the Commuter Incentive Program to help induce ridesharing in the County and to provide a
means for fairly allocating limited Measure A revenues to all eligible participants.
NOW, THEREFORE, the Riverside County Transportation Commission hereby resolves as follows:
Section 1: Capitalized Terms. Capitalized terms used in this Resolution shall have the
meanings as set forth in the Definitions section below.
Section 2: $5/Day Incentive. The following guidelines are hereby established for the
$5/Day Incentive:
ATTACHMENT 4
73
A. A Participating Commuter must be engaged in a Rideshare Arrangement for the purpose
of commuting to a place of employment or a teleworking work center. A Rideshare Arrangement
specifically excludes taking children to school and/or day care situations.
B. Subject to the limitations set forth elsewhere in this Resolution, the $5/Day Incentive,
which shall be capped at $125/month per Participating Commuter, shall be provided as follows:
(1) $5.00 for each day a Participating Commuter carpools in a carpool.
(2) $5.00 for each day a Participating Commuter rides in a vanpool.
(3) $5.00 for each day a Participating Commuter rides a public bus.
(4) $5.00 for each day a Participating Commuter walks or bicycles.
(5) $5.00 for each day a Participating Commuter in a hybrid telework arrangement
teleworks, subject to paragraph C below.
(6) $5.00 for each day a Participating Commuter rides commuter rail.
C. A hybrid telework arrangement means that the Participating Commuter works both
remotely from home and on-premises at the Participating Employer’s work site. If the
Participating Commuter meets the minimum requirement set forth in (I) below, then the
Participating Commuter’s telework days are eligible for the $5/Day Incentive.
D. All Participating Commuters must live in Western Riverside County for incentives
provided under Measure A. If other funding sources are available, the Executive Director may
authorize expansion of the $5/Day Incentive to Participating Commuters in Eastern Riverside
County for such time as funding remains available.
E. All Participating Commuters must be employed by a Participating Employer during
participation in the $5/Day Incentive.
F. A Participating Commuter may not have received, within the six months prior to
enrollment in $5/Day Incentive, any Incentive from $5/Day Incentive or from any Sister Agency
Program. If an applicant received an Incentive from $5/Day Incentive or from any Sister Agency
Program more than six months before submitting an application, the applicant may receive an
Incentive under $5/Day Incentive only if he or she requests an Incentive for a different commute
mode from that for which he or she has already received an Incentive. The limitations in this
section shall not apply or take effect until six (6) months following the Effective Date of this
Resolution.
G. The Participating Commuter may not have been in a Rideshare Arrangement during the
90 days prior to enrollment in the $5/Day Incentive.
H. A Participating Commuter must commute to work on one or more weekdays (i.e.: Monday
through Friday) to qualify. An Incentive will also be paid for qualifying weekend work trips as
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long as the commuter works on weekend days as part of a regular shift that includes at least one
weekday.
I. A Participating Commuter must carpool, vanpool, use public bus or commuter rail, walk,
or bicycle to a Participating Employer’s work site a minimum of five workdays a month to qualify.
J. Participating Commuters may receive an Incentive under the $5/Day Incentive for no
more than three (3) consecutive months. Any calendar month during which a Participating
Commuter is enrolled in the $5/Day Incentive shall be considered a full month of participation in
the $5/Day Incentive. For example, if a Participating Commuter enrolls in the $5/Day Incentive
on the 15th of a month and carpools for five days in that month, that month will be considered
a full month for purpose of determining the Participating Commuter's participation in the $5/Day
Incentive.
Section 3: VanClub Program. An ongoing subsidy of up to $400 monthly, not to
exceed 50 percent of the lease cost, shall be paid directly to a Commission authorized leasing
company for Vanpools.
A. To qualify the Vanpool must (i) be made up of at least 65% ridership living in western
Riverside and/or San Bernardino Counties; (ii) commute more than 30 miles each day, (iii)
commute 12 or more days each month, and (iv) travel to a workplace in western Riverside
County.
B. Eligible Vanpools using electric powered vehicles (EV) may receive an additional subsidy
of $100 monthly.
Section 4: Other Incentives. Any western Riverside County resident participating in a
Rideshare Arrangement may participate in any Commuter Assistance Program drawings,
sweepstakes or other incentives, provided that the resident meets all qualifications and
requirements of the incentive, as approved by the Executive Director and published on the
Commission’s website. Such incentives may be made available to Eastern Riverside County
residents based on the availability of non-Measure A funding sources.
Section 5: Incentives. Incentives shall be paid in the various forms as detailed
below. In no event shall cash be provided directly to a Participating Commuter.
A The Incentive for a Vanpool shall be paid, as a subsidy, directly to a Commission
authorized Vanpool leasing company.
B. All other Incentives shall be paid in the form of gift certificates, purchased from private
businesses by the Commission, or as discounts or special offers.
Section 6: Definitions. As used in this resolution, the following phrases shall have the
following meanings:
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A. "Carpool" shall mean two or more persons commuting on a regular basis to and from
work by means of a vehicle with a seating arrangement designed to seat less than seven adults,
including the driver.
B. "Commuter Incentive Program" refers collectively to Rideshare Incentive, including
$5/Day incentive and VanClub.
C. "Incentive" means gift certificates or a cash payment to a Participating Employer or a
Vanpool leasing company provided under this Resolution for the purpose of inducing eligible
commuters to join Rideshare Arrangements or otherwise participate in the Commuter Incentive
Program or other comparable project.
D. "Participating Commuter" means a commuter currently participating in the Commuter
Incentive Program.
E. "Participating Employer" shall mean any employer, which has executed an agreement
with the Commission for participation in the Commuter Incentive Program.
F. "Rideshare Arrangement" shall mean the transportation of two or more working adults
in a motor vehicle or by rail where that transportation is incidental to another purpose of the
driver. The term includes ridesharing arrangements known as carpools, vanpools and buspools
as well as utilizing public bus and commuter rail services. In addition, persons walking or bicycling
or shall also be deemed to be participants in a Rideshare Arrangement. "Buspool" means sixteen
or more persons commuting on a regular basis to and from work by means of a vehicle with a
seating arrangement designed to carry more than fifteen adult passengers.
H. “Sister “Agency” shall mean another public transportation agency within Southern
California.
I. “Vanpool” is defined as five or more persons commuting on a regular basis to and from
work by means of a vehicle with seating arrangements designed to carry seven to fifteen adults,
including the driver.
J. "Western Riverside County" shall have the same meaning as in the Measure A
Expenditure Plan approved by the voters in November 2002.
Section 7: Executive Director Authority. The Executive Director of the Commission is
hereby authorized:
A. To take those steps necessary and proper to implement the Commuter Incentive Program
including, but not limited to, providing promotional materials to Commuter Assistance Program
participants.
76
B. To establish, in her discretion, additional rules and regulations for the Commuter Incentive
Program.
C. To prescribe in writing qualification requirements and incentives for the Commuter Incentive
Program which differ from those established in this Resolution, and to amend or suspend
implementation of the requirements set forth in this Resolution for VanClub, as reasonably
necessary to successfully implement the VanClub program.
Section 8: Resolution No. 03-025. Resolution No. 03-025 is hereby superseded and
repealed.
Section 9: Effective Date. This Resolution shall be effective immediately upon
adoption.
APPROVED AND ADOPTED this 14th day of July, 2021.
_____________________________________
Jan C. Harnik, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley
Clerk of the Board
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COMMUTER ASSISTANCE
PROGRAM RECOMMENDATIONS
Brian Cunanan, Commuter & Motorist Assistance Manager
External Affairs Department
1
Riverside County Transportation Commission
Budget & Implementation Committee
June 28, 2021
Today's Discussion Items
2
•Commuter Assistance Program Benefits
•Finalize Five-County Regional Rideshare Partnership
–Five-County Regional Rideshare MOU
–Five-County Regional Rideshare Software Agreement
–Amendment to RCTC/SBCTA Agreement
•Promote Rideshare Countywide:Eastern RivCo Pilot Program
•Amend Measure A Administrative Guidelines to Expand
Eligibility and Strengthen Rideshare Incentives
Commuter Assistance Program Benefits
3
*million
vehicle miles
traveled reduced
*million
Lbs. of emissions
reduced
Decreased
Traffic
Cleaner
Air34.9 49.7
* Since FY16 YTD, extrapolated from
IE Commuter incentive participation
•More efficient use of transit
network and infrastructure
investments
•Improved quality of life for
commuter constituents
CAP Objectives
4
•Single Occupancy Trips
•Vehicle Miles Traveled
•Green House Gas Emissions
•Employer Partners
•Commuter Accounts
•Convert Commuters/
Incentive Participation
Regional Commute Patterns
5
Total Workers Commuting OUT: 269,673 Total Workers Commuting IN: 100,083
Total Workers Who Live & Work in Riverside County: 587,443
Centralized Ridesharing Database
6
Phase I
Staff
Recommendation
Phase 2
Regional Recommendation Agreement
7
•Five-County Regional Rideshare MOU
•Five-County Regional Rideshare Software Agreement
•Amendment to RCTC/SBCTA Agreement
Partner Agencies:
Promote Rideshare Countywide
8
CAP allocation within Measure A
Western County Public Transit
No allocation for Commuter Assistance within
Measure A for Coachella Valley or Palo Verde Valley
Staff
Recommendatio
Countywide CAP Recommendation
9
Adopt Resolution
Amend guidelines for
administration of Measure
A funded CAP and approve
SAFE-funded expansion
pilot for FY22
Amend WSP scope of work
Scope of work will include
eastern County via an
administrative amendment
Secure future funding
Work to establish a
permanent countywide
CAP program
Strengthen Rideshare Incentives to
Promote Participation Countywide
10
•Replace $2/day
Rideshare Incentive
with new $5/day
incentive ($125 max)
•Temporarily expand
eligibility of $5/day
program to out-of-
county residents
commuting to
Riverside County
worksites
Enhance Incentive Eligibility to
Promote Vanpool Participation
11
•Allow concurrent participation in $5/Day Rideshare Incentive and
vanpool subsidy programs
•Provide extra $100 subsidy for eligible VanClub vanpools that are
zero emission; upon approval, amend vendors' scope of work
Staff Recommendations
12
•Approve Agreement No. 21-41-123-00 among the Riverside County Transportation
Commission (Commission), San Bernardino County Transportation Authority, Los Angeles
County Metropolitan Transportation Authority, Orange County Transportation Authority,
and Ventura County Transportation Commission, for a total contract amount of $977,719 for
Regional Rideshare Software over a three-year term, including the Commission’s total share
of $186,444 inclusive of $18,000 in contingency;
•Approve Agreement No. 20-41-090-01, Amendment No. 1 to Agreement No. 20-41-090-00,
with SBCTA for Rideshare Program Implementation, removing Rideshare and Vanpool
Software expenses from the Scope of Work and incorporating them into Agreement No. 21-
41-123-00;
•Approve Memorandum of Understanding No. 21-41-122-00 between LACMTA, OCTA,
RCTC, SBCTA, and VCTC to merge and consolidate the agencies’ rideshare databases;
•Adopt Resolution No. 21-013, “Resolution of the Riverside County Transportation
Commission Adopting Amended Guidelines for the Administration of the Measure A
Funded Commuter Incentive Projects as Part of Its Commuter Assistance Program;
•Authorize the Chair or Executive Director,pursuant to legal counsel review,to finalize and
execute the agreements on behalf of the Commission;and
•Forward to the Commission for final action.
QUESTIONS, DISCUSSION
13
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
BUDGET AND IMPLEMENTATION COMMITTEE
ROLL CALL
JUNE 28, 2021
Present Absent
County of Riverside, District II X
County of Riverside, District III X
City of Banning X
City of Beaumont X
City of Calimesa X
City of Canyon Lake X
City of Cathedral City X
City of Coachella X
City of Desert Hot Springs X
City of Lake Elsinore X
City of Palm Desert X
City of Palm Springs X
City of San Jacinto X
City of Riverside X
City of Wildomar X