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HomeMy Public PortalAbout02 February 25, 2013 Budget & ImplementationRECORDS • 53•NY) bC)0kO RIVERSIDE COUNTY TRANSPORTATION commissioN BUDGET AND IMPLEMENTATION COMMITTEE MEETING AGENDA TIME: 9:30 a.m. DATE: Monday, February 25, 2013 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside • • COMMITTEE MEMBERS ..C? Rick Gibbs, Chair/ Kelly Bennett, City of Murrieta Ella Zanowic Vice Chair / Jeff Hewitt, City of Calimesa Roger Berg / Jeff Fox, City of Beaumont Mary Craton / Randy Bonner, City of Canyon Lake Greg Pettis / Kathleen. DeRosa, City of Cathedral City Steven Hernandez / Eduardo Garcia, City of Coachella Scott Matas / Yvonne Parks, City of Desert Hot Springs Larry Smith / Robert Youssef, City of Hemet Douglas Hanson / Patrick Mullany, City of Indian Wells Bob Magee / To Be Appointed, City of Lake Elsinore Steve Adams / Andy Melendrez, City of Riverside Ron Roberts / Jeff Comerchero, City of Temecula John F. Tavaglione, County of Riverside, District II Jeff Stone, County of Riverside, District III 4P. STAFF "q? Anne Mayer, Executive Director Theresia Trevino, Chief Financial Officer ‘P° AREAS OF RESPONSIBILITY ud 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 Comments are welcomed by the Committee. If you wish to provide comments to the Committee, please complete and submit a Speaker Card to the Clerk of the Board. • • • RIVERSIDE COUNTY TRANSPORTA TION 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, February 25, 2013 BOARD ROOM County Administrative Center 4080 Lemon Street, First Floor Riverside, California 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 at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a Committee meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS - Each individual speaker is limited to speak three (3) continuous minutes or less. The Committee may, either at the direction of the Chair or by majority vote of the Committee, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. Also, the Committee may terminate public comments if such comments become repetitious. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Committee shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Budget and Implementation Committee February 25, 2013 Page 2 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. 5. APPROVAL OF MINUTES - NOVEMBER 26, 2012 6. 7. 8. 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.) ELECTION OF OFFICERS Overview Page 1 This item is for the Budget and Implementation Committee to conduct an election of officers for 2013 - Chair and Vice Chair. 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. 8A. QUARTERLY FINANCIAL STATEMENTS Overview This item is for the Committee to: Page 2 1) Receive and file the Quarterly Financial Statements for the period ended December 31, 2012; and 2) Forward to the Commission for final action. • • • Budget and Implementation Committee February 25, 2013 Page 3 • • • 9. PROPOSED POLICY GOALS AND OBJECTIVES FOR FISCAL YEAR 2013/14 BUDGET Overview This item is for the Committee to: Page 8 1) Approve the proposed Commission Policy Goals and Objectives for the FY 2013/14 Budget; and 2) Forward to the Commission for final action. 10. STATUS OF STATE -LOCAL PARTNERSHIP PROGRAM — FORMULA FUNDS Page 15 Overview This item is for the Committee to: 1) Receive and file the status report on Proposition 1B State -Local Partnership Program (SLPP) allocations; and 2) Forward to the Commission for final action. 11. FEDERAL SURFACE TRANSPORTATION PROGRAM 2013 CALL FOR REHABILITATION PROJECTS O vervie w Page 17 This item is for the Committee to: 1) Approve the release of the 2013 Surface Transportation Program Call for Rehabilitation Projects (2013 STP Call for Rehabilitation Projects) in the amount of $12.5 million in federal STP funds; and 2) Forward to the Commission for final action. 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION RIGHT OF WAY MANUAL RELATED TO RELOCATION ASSISTANCE APPEALS Overview This item is for the Committee to: Page 21 1) Approve the amendment to Section 7-3 of the Riverside County Transportation Commission Right of Way Manual; and 2) Forward to the Commission for final action. p I Budget and Implementation Committee February 25, 2013 Page 4 13. AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS FOR TRIENNIAL • PERFORMANCE AUDIT SERVICES Overview This item is for the Committee to: Page 27 1) Award Agreement No. 13-62-072-00 to Pacific Municipal Consultants (PMC) for triennial performance audit services for an initial term through December 31, 2013 covering the triennial performance audits for FY 2009/10 - FY 2011/12 with an option for a second term through December 31, 2016 covering FY 2012/13 - FY 2014/15, for a total contract amount not to exceed $207,740; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission; and 3) Forward to the Commission for final action. 14. 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. 15. ADJOURNMENT AND NEXT MEETING The next Budget and Implementation Committee meeting is scheduled to be held at 9:30 a.m., Monday, March 25, 2013, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. • • 4 AGENDA ITEM 5 MINUTES • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE Monday, November 26, 2012 MINUTES 1. CALL TO ORDER The meeting of the Budget and Implementation Committee was called to order by Vice Chair Ella Zanowic at 9:31 a.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE • 3 • At this time, Commissioner Larry Smith led the Budget and Implementation Committee in a flag salute. ROLL CALL Members/Alternates Present Members Absent Roger Berg Steve Adams Mary Craton Rick Gibbs Steven Hernandez* Douglas Hanson Bob Magee Scott Matas Greg Pettis Ron Roberts Larry Smith Jeff Stone John Tavaglione Ella Zanowic *Arrived after the meeting was called to order 4. PUBLIC COMMENTS There were no requests to speak from the public. RCTC Budget and Implementation Committee Minutes November 26, 2012 Page 2 5. APPROVAL OF MINUTES - AUGUST 27, 2012 M/S/C (Matas/Smith) to approve the minutes of August 27, 2012 meeting as revised. 6. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 7. 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 (Pettis/Matas) to approve the following Consent Calendar item(s): 7A. QUARTERLY FINANCIAL STATEMENTS 1) Receive and file the Quarterly Financial Statements for the period ending September 30, 2012; and 2) Forward to the Commission for final action. 7B. QUARTERLY INVESTMENT REPORT 1) Receive and file the Quarterly Investment Report for the quarter ended September 30, 2012; and 2) Forward to the Commission for final action. 8. QUARTERLY SALES TAX ANALYSIS Theresia Trevino, Chief Financial Officer, provided an update for the quarterly sales tax analysis report for Quarter 2 2012. She stated staff will continue to monitor these reports, which are part of the Commission's revenue projections and will be forwarded to the January Commission meeting. M/S/C to: 1) Receive and file the sales tax analysis for Quarter 2 (Q2) 2012; and 2) Forward to the Commission for final action. • • • RCTC Budget and Implementation Committee Minutes November 26, 2012 Page 3 9. REVISIONS TO PROCUREMENT POLICY MANUAL Theresia Trevino provided an overview of the revisions to the Commission's Procurement Policy Manual. M/S/C (Berg/Roberts) to: 1) Approve the revised Riverside County Transportation Commission Procurement Policy Manual for the procurement and contracting activities undertaken by the Commission, pursuant to legal counsel review, as to conformance to state and federal law; 2) Adopt Resolution No. 12-031, "Resolution of the Riverside County Transportation Commission Regarding the Revised Procurement Policy Manual'; and 3) Forward to the Commission for final action. 10. SUNSET AVENUE GRADE SEPARATION PROJECTS Tanya Love, Goods Movement Manager, provided an overview for the city of Banning's request to allocate $10 million in federal Congestion Mitigation Air Quality (CMAQ) funding in support of the Sunset Avenue grade separation project. Anne Mayer, Executive Director, stated the Sunset Avenue grade separation project was identified as a high priority project in the entire Pass area. She discussed how the county of Riverside took the lead in coordinating with the cities of Banning, Beaumont, and Calimesa and the selection process. She expressed appreciation to Juan Perez, Transportation Land Management Agency, and his staff's assistance with this project. M/S/C (Berg/Stone) to: 1) Allocate $10 million in federal Congestion Mitigation Air Quality (CMAQ) funds to the city of Banning (Banning) in support of the Sunset Avenue grade separation project; and 2) Forward to the Commission for final action. At this time, Commissioner Steven Hernandez arrived at the meeting. RCTC Budget and Implementation Committee Minutes November 26, 2012 Page 4 11. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT 11A. Anne Mayer announced: • A copy of the "On the Move" brochure was provided to the Commissioners, which was printed in the Press Enterprise, the Desert Sun, and the Californian; and • The Commission is hosting its first Small Business Exposition scheduled for Thursday, November 29. 11B. Vice Chair Zanowic announced the city of Beaumont is celebrating 100 years. 12. ADJOURNMENT AND NEXT MEETING There being no further business for consideration by the Budget and Implementation Committee, the meeting was adjourned at 9:46 a.m. The next meeting of the Budget and Implementation Committee is scheduled for February 25, 2013 at 9:30 a.m. • Respectfully submitted, 4....y\."..-k_p_ \-\00Lmen----411) Jennifer Harmon Clerk of the Board • • AGENDA ITEM 7 • • . • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISS/ON DATE: February 25, 2013 TO: Budget and Implementation Committee FROM: Jennifer Harmon, Office and Board Services Manager THROUGH: John Standiford, Deputy Executive Director SUBJECT: Election of Officers STAFF RECOMMENDATION: This item is for the Budget and Implementation Committee to conduct an election of officers for 2013 - Chair and Vice Chair. BACKGROUND INFORMATION: The election of officers for the full Commission and its Committees are held on an annual basis. Commissioners Rick Gibbs and Ella Zanowic were elected as the Budget and Implementation Committee's officers in February 2012. Once the election has been conducted, the new Chair and Vice Chair will immediately assume the positions. Past Chairs of the Budget and Implementation Committee are as follows: 2012 - Rick Gibbs, City of Murrieta 201 1 - Scott Matas, City of Desert Hot Springs 2010 - Greg Pettis, City of Cathedral City 2009 - Mary Craton, City of Canyon Lake 2008 - Steve Adams, City of Riverside 2007 - Rick Gibbs, City of Murrieta 2006 - Jeff Stone, County of Riverside, District 3 2005 - Bob Magee, City of Lake Elsinore 2004 - Terry Henderson, City of La Quinta 2003 - Robert Schiffner, City of Lake Elsinore 2002 Chris Carlson, City of San Jacinto 2001 - John Hunt, City of Banning 2000 - Ron Roberts, City of Temecula Agenda Item 7 1 AGENDA ITEM 8A • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: February 25, 2013 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: Quarterly Financial Statements STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the Quarterly Financial Statements for the period ended December 31, 2012; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: During the last six months of the fiscal year, staff monitored the revenues and expenditures of the Commission. The attached financial statements present the revenues and expenditures for the first six months of the fiscal year. Period closing accrual adjustments are not included for revenues earned but not billed and expenditures incurred for goods and services received but not yet invoiced, as such adjustments are normally made during the year-end closing activities. The operating statement shows the sales tax revenues for the second quarter at 34 percent of the budget. This is a result of the Governmental Accounting Standards Board (GASB) Statement No. 33. GASB 33 requires sales tax revenues to be accrued for the period in which it is collected at the point of sale. The State Board of Equalization collects the Measure A funds and remits these funds to the Commission after the reporting period for the businesses. This creates a two -month lag in the receipt of revenues by the Commission. Accordingly, these financial statements reflect the revenues related to collections through October 2012. On a cash basis, the Measure A and Local Transportation Fund (LTF) sales tax revenues are 13.14 percent and 1 1 .76 percent higher, respectively, than the same period last fiscal year. Staff will continue to monitor the trends in the sales tax receipts and report to the Commission any necessary adjustments to the FY 2012/13 budget for sales tax revenues. Agenda Item 8A 2 Federal, state, and local revenues are on a reimbursement basis. The Commission will receive these revenues as eligible project costs are incurred and invoiced to the respective agencies. Approximately $50.5 million of budgeted federal reimbursement revenues are related to the Perris Valley Line (PVL) project. During the FY 2012/13 budget process, the Commission took a conservative approach in estimating the Transportation Uniform Mitigation Fee (TUMF) revenues of $4 million passed through from Western Riverside Council of Governments (WRCOG) as a result of the housing sector. The budgeted balance of $1.257 million relates to the TUMF Zone reimbursements from WRCOG for the 74/215 interchange project. Staff will invoice WRCOG for TUMF Zone reimbursements as eligible expenditures are incurred in the third quarter. Other revenues include property management revenues generated from properties acquired in connection with the State Route 91 Corridor Improvement Project (SR -91 CIP). The Commission took a conservative approach in estimating interest income for FY 2012/13, as a result of flat interest yields on invested balances. The expenditure categories are in line overall with the expectations of the budget with the following exceptions: • Professional services are under budget, and remaining budget authority is not expected to be exceeded in the last half of FY 2012/13; • Support costs are under budget due to unused budget authority for station maintenance and repair, and utilities; • Program operations expenditures are under budget and reflect vendor invoices for program management submitted through November 2012; • Operating and capital disbursements are made as claims are submitted to the Commission by the' transit operators; • Special studies are under budget due to unused budget authority for project, planning, and monitoring and rail feasibility studies. The Commission will use the authority as the studies are developed; • Local streets and roads expenditures are related to the timing of Measure A sales tax revenues as previously explained. These financial statements reflect expenditures made to the local jurisdictions related to collections through October 2012; • Regional arterial expenditures primarily represent expenditures for the highways and regional arterial program administered by the Coachella Valley Association of Governments (CVAG). CVAG requests reimbursements from the Commission based on available funds and sufficient budget authority; and • • • Agenda Item 8A 3 • • • • Capital outlay expenditures are under budget due to unexpended authority for hardware and software improvements and station security improvements. Debt service interest expenditures on the 2010 bonds are made in December and June, while interest expenditures on the 2009 bonds are made monthly due to the variable rate nature of the bonds. Principal payments on the 2009 Bonds and the 2010 bonds are made in June. Debt proceeds consist of commercial paper and bond issuances. The Commission issued $20 million in commercial paper notes during the first quarter. A significant portion of the debt proceeds are expected to occur in the fourth quarter in connection with the issuance of sales tax and toll revenue bonds for the SR -91 CIP. Approximately $444 million of the budgeted debt proceeds relate to an anticipated federal loan through the Transportation Infrastructure Finance and Innovation Act (TIFIA). Based on discussions with TIFIA staff regarding the loan administration, loan proceeds will be received as eligible design -build costs are incurred. Therefore, this portion of the budgeted debt proceeds will not be received in FY 2013/14. The following list discusses the significant capital projects (i.e., budgeted costs in excess of $5 million) and related status. Capital project expenditures are generally affected by lags in invoices submitted by contractors and consultants, as well as issues encountered during certain phases of the projects. The capital projects budgets tend to be based on aggressive project schedules. Highway Engineering/Construction/Design-Build/Right of Way/Land SR -91 High Occupancy Vehicle Lanes Project - Caltrans completed design work, and expenditures remain within the budget authority. Utility relocation are substantially complete contractors continue to perform relocation of utilities and submit invoices for expenditures incurred to date. Staff is overseeing right of way acquisition, which has been certified; four acquisitions are pending settlements. Construction began in April 2012 and is managed by Caltrans. 71/91 Interchange Project - The preliminary engineering and environmental phase was completed in late FY 2010/11. The availability of federal earmark funds allows the final design phase of work to move forward. Procurement for the design consultant was awarded at its February 2012 Commission meeting. Notice to proceed was issued in March 2012, and the design phase has started. Completion is forecasted for the third quarter of FY 2013/14. SR -91 CIP (design -build) - The Commission is actively engaged in the financing activities for this project including the issuance of sales tax and toll revenue bonds and approval of a TIFIA loan. Early right of way acquisition work was approved by Caltrans in April 2011. Following the public comment period ending in July 2011, early acquisition work began. Right of way expenditures for FY 2011/12 are Agenda Item 8A 4 weighted toward the end of the fiscal year due to the long lead time to close escrow on property purchases. The design -build request for proposals was issued in July 2012 and proposals were submitted on January 29, 2013. The environmental document was approved and the record of decision signed and approved by the Commission in November 2012. The 30 day public comment period ended in December 2012 with no comments. The environmental document approved by the Commission has the authority to acquire required properties through eminent domain, if necessary. Agency, utility, and railroad agreement work continues with certain agreements now completed and with others in various stages of completion. 1-15 CIP - Work on the environmental phase continues. Toll feasibility work evaluated various project options in the Commission's current funding environment; these options were presented to the 1-15 CIP Ad Hoc Committee at several meetings. The ad hoc committee recommendation for a revised project scope was approved at the 2013 Commission workshop. 1-215 South Widening Project from Murrieta Hot Springs Road to Scott Road - Construction began in July 2011; completion of construction was in September 2012. 1-215 Central Widening Project from Scott Road to Nuevo Road - Final design and right of way acquisitions related to the project are complete. Advertising for the construction bids occurred in the first quarter of FY 2012/13. Notice to proceed for construction was issued December 10, 2012, with the first working day starting in January 2013. Rail Engineering/Construction/Right of Way/Land PVL Project - Final design is complete. Federal Transit Administration continues working on finalizing the Small Starts grant agreement, which is anticipated to be completed at the end of the third quarter of FY 2012/13. Staff will continue to monitor the revenues and expenditures and will notify the Commission of any unusual events. Attachment: Quarterly Financial Statements - December 2012 • Agenda Item 8A 5 RIVERSIDE COUNTY TRANPORTATION COMMISSION QUARTERLY BUDGET VS ACTUAL 2ND QUARTER FOR SIX MONTHS ENDED 12/31/2012 • • • Revenues Sales tax Federal reimbursements State reimbursements Local reimbursements Transportation Uniform Mitigation Fee Other revenues Interest Total revenues Expenditures Salaries and benefits Professional and support Professional services Support costs Total Professional and support costs Projects and operations Program operations - general Engineering Construction Design Build Right of way/land Operating and capital disbursements Special studies Local streets and roads Regional arterials Total projects and operations Debt service Principal Interest Total debt service Capital outlay Total Expenditures Excess revenues over (under) expenditures Other financing sources/(uses) Operating transfer in Operating transfer out Debt proceeds Total financing sources/(uses) Net change in fund balances Fund balance July 1, 2012 Fund balance December 31, 2012 FY 2012/13 2ND QUARTER BUDGET ACTUAL $ 211,212,500 $ 72,064,724 73,151, 900 706,397 17,917,800 3,592,304 2,688,700 258,204 5,257,300 2,774,597 882,800 268,053 7,265,900 2,933,823 318,376,900 82,598,102 6,971,100 3,369,765 14,678,800 5,321,240 20, 000, 040 16,574,500 27,912,060 126, 014,100 29,050,000 109, 562, 795 97,710,490 800,000 39, 357, 000 20,400,400 467, 381, 345 126, 800, 000 16,613,000 143,413,000 7,708,612 4,356,478 1,993,967 6,350,445 4,107, 928 4,531,023 8,797,451 5,837,856 20,222,190 39,299,389 14,444 13,794,130 1,058,123 97,662,534 7,708,612 447,700 43,944 638,213,185 115,135, 300 (319,836,285) (32,537,198) 327,567,190 (327,567,190) 1,220,172,000 1,220,172,000 20,000,000 31,193, 662 (31,193,662) 20,000,000 900, 335, 715 556,693, 300 $ 1,457,029,015 (12, 537,198) 575,578,619 REMAINING BALANCE $ (139,147,776) (72,445,503) (14,325,496) (2,430,496) (2,482,703) (614,747) (4,332,077) (235,778,798) 3,601,335 10, 322, 322 3,327,273 13, 649, 595 12,466,572 23, 381, 037 117,216,649 23,212,144 89,340,605 58,411,101 785,556 25,562,870 19,342,277 369,718,811 126,800,000 8,904,388 135,704,388 403,756 523,077,885 546,458,922 (296,373,528) 296,373,528 (1,200,172,000) 1,200,172,000 PERCENT UTILIZATION 34% 1% 20% 10% 53% 30% 40% 26% 48% 30% 37% 32% 25% 16% 7% 20% 18% 40% 2% 35% 5% 21% N/A 46% 5% 10% 18% 10% 10% 10% 2% 2% 1,746,630,922 -1% 18,885,319 103% $ 563,041,421 $ 1,765,516,241 39% 6 • • RIVERSIDE COUNTY TRANSPORTATION COMMISSI ON QUARTERLY BUDGET VS ACTUALS BY FUND 2N0 QUARTER FOR SIX MONTHS ENDED 12/31/2012 MEASURE A SALES TAX FSP/ WESTERN PALO LOCAL TRANSPORTATION GENERAL FUND COACHELLA STATE TRANSIT VERDE TRANSPORTATI ON COM MERCIAL SALES TAX SAFE COUNTY VALLEY ASSISTANCE UNIFORM MITI GATI ON DEBT SERVICE C OMBINED VALLEY FUND FEE (TU MF) PAPER BONDS TOTAL Revenues Sales tax $ 1,080.000 $ Federal reimbursements 4,060 - $ 34 .118,465 $ 320,369 $ 10,947,234 $ 702,337 22,391,830 $ 3,206,026 $ - $ $ $ 72,064,724 - - _ State reimbursements 33.685 1,212,014 2,346,605 _ 708,397 Local reimbursements 43,416 (16.329) 231,117 3,592,304 Transportation Uniform M itigation Fee - 124 182 - - - 258,204 O ther revenu es 8 .752 517 258,784 - - _ 2,650.415 2,774,597 Interest 13,516 6 ,953 222,118 - 288,053 21,014 80,775 49.164 78.278 911,606 11.267 1,539,130 2,933,823 Total revenues 1.183 ,431 1 .203,155 38,003.608 320,369 10.988.248 22,472,605 3,255,990 2.728,693 911.606 11,287 1,539,130 82,598,102 Expenditures Salaries and benefits 2.003.258 46,531 1,280,114 728 - 59,134 - - 3,369,785 Professional and support Professional services 355,044 70.153 3.712 ,188 - 766 218,325 4,358.478 Support costs 1,516,576 123.614 353.688 - - 89 Total Professional and support costs 1.871.820 1.993,967 193.767 4,065.876 768 218,414 - 6,350 .445 Projects and operations Program operations • general 569,746 932,878 2.517.377 - 87.927 4,107,928 Engineering 22,465 3,968,838 539 .722 4,531,023 Construction 4,382,502 - Design Build - 5 .837 .856 - 3,229,425 - 1 ,185,524 8,797,451 Right of way/land - 18,412.189 500.372 1,114,006 195 ,623 5,837,856 Operating and capital disbursements 5,271,638 - 2,196,102 2.250,000 28,871.499 710,150 20,222 ,190 Special studies - 14 ,444 - - 39,299,389 Local streets and roads 9.042,229 320,369 3,831,532 14,444 Regional arterials 13,794,130 1,058,123 1,058,133 Total projects and operations 5,863.849 932,878 46,971,535 320.369 7 ,139,655 28,871,499 710.150 4,357 446 1,114,006 1,381,147 97,662.534 Debt service Principal Interest - - - - • Total debt service - - 10,579 7,898,033 7,708.612 10,579 7,698,033 7,708,612 Capital outlay 4.793 39,151 43,944 Total Expenditures 9,743,520 1.173,176 52.336.676 320, 369 7,141,151 28.871,499 710 ,150 4,634,994 1 ,124,585 1,381,147 7.698,033 115,135,300 Excess rev enues over (under) expenditures (8.560.089) 29.979 (14. 333,068) 3.827,097 (6,398.894) 2.545,840 (1.906,301) (212,979) (1,369 ,880) (6,158,903) (32,537,198) Other financing sources/(uses) Operating transfer in 8.099.313 - 17,681,724 _ Operating transfer out (5,640,054) 1,081 5,431,564 31,193,662 Debt proceeds - - (6 ,099,313) (16,102,172) (1,352,123) - (31,193,662) Total fina ncin g sources/ uses 20,000,000 - 20,000,000 sources/(uses) 8,099,313 12,021,670 - (8,099,313) - 3,898,889 (1,352,123) 5,431,564 20,000,000 Net change in fund balances Fund balance July 1.2012 (460. 776) 29,979 (2,311,398) - 3.827,097 (14.498.207) 2 ,545 .840 (1,906.301) 3,685,910 (2,722,003) (727,339) (12,537,198) Fund balance December 31, 2012 13,685,227 7,255,419 240,237,824 556 17,346,594 92,088, 969 43,854,533 73,224,071 31,143,594 5,651,884 51,089,948 575,578,619 $ 13, 224.451 5 7.285,398 $ 237 926426 $ 556 $ 21,173,691 $ 77,590,762 $ 46,400 ,373 $ 71.317,770 $ 34,829,504 $ 2,929,881 $ 50,362,609 $ 583 .041,421 7 AGENDA ITEM 9 • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: February 25, 2013 TO: Budget and Implementation Committee FROM: Michele Cisneros, Accounting and Human Resources Manager THROUGH: Theresia Trevino, Chief Financial Officer SUBJECT: Proposed Policy Goals and Objectives for Fiscal Year 2013/14 Budget STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the proposed Commission Policy Goals and Objectives for the FY 2013/14 Budget; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: • • The initial step in the budget process is to develop policy goals and objectives for the next fiscal year that are consistent with the Commission's overall strategic direction. Most importantly, the adoption of the Commission Policy Goals and Objectives for the annual fiscal year budget provides an opportunity to match the Commission's spending priorities in a manner that implements the promises made to the citizens of the county of Riverside in both Measure A Expenditure Plans and that fulfills other Commission responsibilities. The Commission's seven long-term policy goals are: • Promote mobility; • Mitigate and address the impact of goods movement; • Encourage economic development; • Ensure improved system efficiencies; • Foster environmental stewardship; • Support transportation choices through Intermodalism and accessibility; and • Prioritize public and agency communications. The Commission's Financial and Administrative Policies are also included in the Commission Policy Goals and Objectives for the FY 2013/14 Budget. Attachment: Proposed Commission Policy Goals and Objectives for FY 2013/14 Budget Agenda Item 9 8 Commission Policy Goals and Objectives • • In addition to financial and administration policies, the Commission has seven long-term policy goals: promote mobility, mitigate and address the impact of goods movement, encourage economic development, ensure improved system efficiencies, foster environmental stewardship, support transportation choices through intermodalism and accessibility, and prioritize public and agency communications. For each of these policy goals, the objectives and initiatives that were considered in the framework of the work plan for the FY 2013/14 budget are identified below. While Riverside County shows modest signs of economic recovery, the Commission remains cautious about revenue availability. The need for better transportation remains a top public priority, and the Commission is poised to address this challenge via the seven policy goals. In moving forward with an aggressive program of projects and services, the Commission will face fluctuating Measure A, TUMF, and TDA revenues and uncertainty regarding the availability of federal and state transportation revenues. Due to the long-term nature of many of the Commission's programs, many of the policy goals' objectives and initiatives are ongoing from year to year. Promote Mobility The Commission, in cooperation with local, state, and federal agencies, will strive to create a transportation system that promotes efficient mobility both within the County and region. • Continue to aggressively pursue completion of the environmental, design, and construction processes on key components of the Western Riverside County Delivery Plan, which includes the SR -91, 1-15, and 1-215 corridor improvement projects. • Enhance corridor mobility and traveler choice by: o Continuing property acquisition and commencing construction on the SR -91 Corridor Improvement Project through Corona, which includes the extension of tol►ed express lanes (91 Express Lanes) into Riverside County; and o Continuing to develop a tolled express lane system on 1-15 between SR -60 and Cajalco Road. • Work closely with partners in the Coachella Valley, including CVAG and SunLine Transit Agency (SunLine), to ensure the implementation of Measure A funding priorities. • Complete projects and programs included in the 1989 Measure A and determine use(s) for any unexpended revenues. • Continue the preliminary engineering and environmental clearance for the Mid County Parkway and SR - 79 realignment projects. • Continue to work with state and federal agencies to fund and construct projects programmed in the STIP, Federal Transportation Improvement Program (FTIP), Proposition 1B bond programs, and Measure A program as well as other high priority regional projects. • Maximize obtaining all available transportation funds and strategically program funds to meet funding deadlines and to prevent the lapse and loss of funds. • Leverage the effective application and use of Measure A Western County regional arterial and other state and federal funds to deliver eligible regional arterial projects. • Work closely with local jurisdictions to administer the TUMF Regional Arterial Program and facilitate the delivery of eligible arterial improvements in Western County. • Actively participate in the SR -91 Advisory Committee to facilitate near and long-term improvements to SR -91, enhance intercounty public transit options, and foster mobility improvements between the two counties. • Advocate streamlining efforts at the state and federal levels that will reduce costs, time, and delays currently associated with project delivery including, but not limited to, timely project reviews and approvals. • Continue to coordinate and provide public access to commuter information via the 1E511 system and focus commuter assistance and 1E511 outreach efforts under one brand. • Continue cooperation with the FTA regarding the Small Starts process to support the initiation of the Perris Valley Line commuter rail service in 2015. 9 • Continue to work with the public transit operators to control costs and increase system efficiencies in order to accommodate fluctuating revenues from local, state and federal sources. • Continue to develop transit service to further promote seamless intracity, intercity, and regional transit connectivity for County residents. Mitigate and Address the Impact of Goods Movement The Commission will work with federal, state, and local governments to facilitate the movement of goods and services to, within, and through the County, recognizing the vital role goods movement mobility plays in the economic health of the County, the State, and the nation. • Seek funding and local agency concurrence to implement the Commission's approved, high -priority railroad grade separation list to mitigate the impact of increased goods movement demands on the transportation system. • Encourage Congress to create a federal freight trust fund, or similar program with a dedicated and firewalled revenue structure, in order to treat the nation's multimodal national goods movement network as a system rather than individual projects. • Remain committed to a regional approach regarding goods movement issues in order to maximize funding from state and federal sources to goods movement needs in Southern California. • Continue working with the Ports and regional transportation commissions to develop a funding mechanism for needed projects and mitigation on a regional basis. Encourage Economic Development Transportation decisions will consider the economic benefits derived from any improvement, and, where feasible and practical, will pursue transportation alternatives that enhance or complement economic development. • Commit to seek opportunities related to transportation projects that will create jobs and improve the economic base in the County. • Support local agencies in the design and construction of interchanges that are in proximity to regional economic centers and developments. • Support local projects, consistent with countywide transportation goals, which enhance business development, local employment, and area tourism. Ensure Improved System Efficiencies The Commission will select projects and allocate funds in a manner that will improve safety and reduce congested traffic corridors. • Advocate the development and use of advanced technologies for transportation applications that are affordable and practical. • In partnership with SANBAG, implement enhancements to the 1E511 mobile application for improved deployment of real-time traffic information, real-time bus and rail transit trip planning information, and rideshare information available to commuters for the purpose of trip planning and reducing congestion. • Assure the effectiveness of transit planning through coordination with the County's eight transit operators, Citizens' Advisory Committee, and annual SRTP process with a goal toward promoting program productivity, efficiency, and effectiveness. • Provide innovative commuter rideshare programs to reduce single occupant vehicle trips and coordinate with other regional rideshare service providers to address intercounty commute trips. • Work with local jurisdictions, Caltrans, and the CHP to continue efficient delivery of a comprehensive motorist aid system which includes an 1E511 traveler information service, a call box program, and a FSP program, including temporary services in freeway construction zones. • Leverage resources to incorporate park and ride facilities and additional connecting bus service at Metrolink stations that may have available capacity. • Continue working with Caltrans to monitor traffic conditions for the purpose of focusing transportation • • • 10 funds on congested corridors and system deficiencies. • Work with Caltrans and regional agencies in developing resources for preservation and maintenance of the highways and regional arterials. • Support the implementation of bicycle and pedestrian facilities that provide non -motorized transportation alternatives. Foster Environmental Stewardship The Commission will achieve its mobility goals while promoting environmental stewardship and protecting the area's natural resources and quality of life. • Continue working with the Western Riverside County Regional Conservation Authority (RCA), Caltrans, and state/federal resource agencies to implement the Multi -Species Habitat Conservation Plan (MSHCP). • Work with the Southern California Association of Governments (SCAG), South Coast Air Quality Management District (SCAQMD), sub -regional agencies, and local jurisdictions to implement the current RTP and sustainable communities strategy that meets regional air quality goals, conformity guidelines, and SB375 green house reduction targets for the SCAG region. • Support a variety of outreach channels and educational programs that promote the benefits of ridesharing, public and specialized transit, rail, and availability of commuter resources for the purposes of reducing vehicle trips and vehicle miles traveled. • Facilitate private/public use of clean fuels technology. • Continue to develop sustainable and green commuter rail stations and provide upgrades and rehabilitation projects to reduce the environmental impact of the existing stations. Support Transportation Choices through Intermodalism and Accessibility County residents will be served, where economically feasible, through the development of transportation alternatives and travel options that consider the needs of a wide range of citizens. • Work with transit providers and local social service agencies to provide specialized transit service to meet a broad spectrum of socio-economic transit needs of seniors, persons with disabilities, and low income residents. • Leverage commuter and motorist assistance outreach channels in order to increase the awareness and use of alternative commuting modes. • Implement the Commission's commuter rail SRTP and SCRRA's plan for commuter rail services with an emphasis on the Perris Valley Line, an extension from Riverside to Perris via Moreno Valley. • Advocate for the provision of Amtrak commuter and/or passenger rail services to the Pass Area and the Coachella Valley. • Continue to pursue the goals and objectives as outlined in the Coordinated Public Transit -Human Services Transportation Plan (Coordinated Plan) for Riverside County related to a unified, comprehensive but flexible strategy for transportation service delivery to address transportation gaps and/or barriers focusing on unmet transportation needs of elderly individuals, persons with disabilities, and individuals of limited income. • Enhance security, surveillance, and emergency response capabilities of County transit facilities and roadway infrastructure through proactive planning, interagency coordination, and investment. Prioritize Public and Agency Communications The Commission will provide timely, informative, and accurate information to encourage informed public and agency participation in the Commission's decision -making processes. • Promote a close working relationship with news and civic entities to increase interest and understanding of transportation and related issues. • Enhance the provision of public information through various forms of communication (e.g., website, annual report, monthly newsletter, television, Speakers Bureau, print media, radio, etc.). 11 • Maintain an ongoing effort of informing Riverside County's Congressional and State Legislative delegations regarding County transportation issues. • Develop an effective long-range legislative strategy regarding federal transportation bill funding and federal agency practices to ensure that the federal government participates as a full partner in funding Riverside County projects that are of national and regional significance. • Protect and enhance flexibility in the Commission's use of state and federal transportation revenue in addressing regional priorities and needs. • Explore local options for sustainable funding in addressing long-term transportation and quality -of -life needs for Riverside County. • Advocate for sufficient funding for Riverside County transit and transportation projects from various federal and state revenue sources including, but not limited to, annual federal appropriations, economic recovery programs, STIP, and Proposition 1B bond programs. • Seek legislative flexibility for innovative financing and delivery methods. • Maintain ongoing efforts to educate commuters, businesses, and the public regarding the Commission's toll planning efforts and specific project development efforts currently underway. Financial and Administration Policies Financial Planning Policies • Administrative costs, including salaries and benefits, shall be funded by allocations from Measure A, LTF, FSP, SAFE, and TUMF funds. • The Commission shall budget no more than one percent (1%) of Measure A sales tax revenues for administrative salaries and benefits. • Administrative program delivery costs will be budgeted at whatever is reasonable and necessary, but not to exceed four percent (4%) of Measure A sales tax revenues (inclusive of the one -percent salary limitation). The Commission shall budget 100% of the annual required contribution related to the postretirement health care benefits. • The Commission shall utilize unexpended 1989 Measure A funds only for projects and programs included in the 1989 Measure A. Sales tax revenues from the 2009 Measure A shall be expended only for projects and programs included in the 2009 Measure A. • Amounts will be budgeted by fiscal year for multi -year projects, based on best available estimates, with the understanding that, to the extent actuals vary from those estimates and the project is ongoing, adjustments will be made on a continual basis. • The fiscal capital budget should be consistent with the strategic plan and deviations appropriately noted, explained, and justified. • A balanced budget shall be adopted annually with operating and capital expenditures and other financing uses equal to or less than identified revenues and other financing sources as well as available fund balances. Revenue Policies • Sales tax revenue projections will be revised semi-annually to ensure use of current and relevant data. Staff may adjust annual amounts during the budget preparation process to reflect the most current economic trends. • A strategic application of local funding sources will be used to maximize federal and state funding of projects. • Fiduciary responsibility regarding Western County TUMF revenues shall be exercised, and revenues will be allocated pursuant to Commission direction and the approved 2009 Measure A. • Adopted toll revenue policies will establish congestion pricing in order to maximize throughput on toll facilities. Such pricing will be adjusted quarterly by pre -defined formulas. • • • 12 • • • Debt Management Policies • Outstanding sales tax revenue bonds shall not exceed $975 million. • Toll revenue supported debt may be issued for specific highway projects and may comprise toll revenue bonds and federal loans. • The Commission will maintain 2.0x debt ratio coverage on all senior sales tax revenue debt and 1.3x debt ratio coverage on all senior toll revenue debt. • Debt issuance will be for major capital projects including engineering, right of way, and construction. Operating requirements, if any, must be paid from current ongoing revenues and may not be financed. • Costs of issuance, including the standard underwriter's discount, will not exceed two percent (2%). • The Commission may enter into interest rate swaps to better manage assets and liabilities and take advantage of market conditions to lower overall costs and reduce interest rate risk. • While it is the intent of the Commission to establish a cash debt reserve for long term bond issuance, as necessary, surety bonds can be obtained when beneficial to the Commission. • All sales tax revenue debt must mature prior to the termination of 2009 Measure A on June 30, 2039. • All toll revenue supported debt must mature prior to the expiration of toll facility agreements. Expenditure Accountability Policies • Established priorities for planning and programming of capital projects will be reviewed annually with the Commission. • Actual expenditures will be compared to the budget on at least a quarterly basis, and significant deviations will be appropriately noted, explained, and justified. • Operations and maintenance agreements for toll operations will be implemented, and related costs will be compared to toll financing assumptions. Reserve Policies • The Commission will maintain program reserves in accordance with Measure A and TDA policies and guidelines. • The Commission will establish and maintain a transit operator's reserve of ten percent (10%) for the Coachella Valley and Palo Verde Valley. Additionally, a ten percent (10%) reserve will be established and maintained for each of the Western County transit operators (public bus and commuter rail). • The Commission will establish and maintain reserves for toll operations, capital improvements, and debt service in accordance with toll supported debt agreements. Cash Management and Investment Policies • Where possible, the Commission will encourage receipt of funds by wire transfer to its accounts. • Balances in the bank operating account will be maintained at the amount necessary to meet monthly expenditures. • Construction and operating funds will be invested per the Commission's established investment policy emphasizing in order of priority: 1) safety, 2) liquidity, and 3) yield. • Cash disbursements to local jurisdictions and vendors/consultants will be completed in an expeditious and timely manner. 13 J Auditing, Accounting, and Financial Reporting Policies • The Commission will maintain its financial software system in order to integrate project and toll operations accounting needs and improve accounting efficiency. • The Commission will issue a Comprehensive Annual Financial Report (CAFR); separate financial reports for the Local Transportation Fund, State Transit Assistance Fund, and Proposition 1B Rehabilitation and Security Project Accounts; and State Controller's Transportation Planning Agency Financial Transactions Report as well as Government Compensation in California Report. • An audit is to be conducted annually on the Commission's accounting books and records. As long as the Commission has outstanding bonds, an independent accounting firm must conduct the audit. • The Commission is responsible for ensuring that audits of Measure A and TDA funding recipients are completed and reviewed for compliance and other matters in a timely manner. Human Resources Management Policies • While accommodating the assumption of toll operation responsibilities, Commission staffing levels will be consistent with the intent of its enabling legislation, which envisioned a small, but effective staff. • Contract staff and consultants will be used to augment staff efforts as much as possible to support programs or workloads, which do not appear to be of a permanent nature. Information Technology Management Policy • Significant effort will be made to maintain efficient and cost-effective technology infrastructure by continuously upgrading network equipment and software to ensure quality performance, productivity, and connectivity among staff, other agencies, toll operator, and the public. Network security will continue to be a top priority to maintain the integrity of the Commission's network and information. Linking Commission Policy Goals and Departmental Goals and Objectives The following matrix (Table 19) illustrates the linkage of the Commission's overall policy goals described in this section to the individual departmental goals and objectives included in Section 6. Table 19 — Relationship Between Commission and Departmental Goals Management Services Executive Management X X X Administration Legislative Affairs & Communications X X X Finance Regional Programs Planning and Programming X X X X Rail Maintenance and Operations X X X Public and Specialized Transit X X Commuter Assistance X X X Motorist Assistance X X Capital Project Development & Delivery X X X x x x X x x x x X x x x X X x X X • • • 14 Department Goals and Objectives Commission Policy Goals Budget Adoption • Complete envir onmental, design, and construction phases for 2009 Measure A projects • Enhance corridor m obility and tra veler choice with tolled express lanes • Advocate streamlining efforts regarding pr oject delivery, including CEQA reform • Continue cooperation with FTA on Perris Valley Line (PVL) • Work clo sely with partners in the Coachella Valley • Work with other agencies to fund and construct projects, including regional arterials • Maximize available funding and prevent loss of funds • Coordinate public access to commuter info rmatio n and focus outreach efforts under one brand • Work with transit operato rs to manage operations with fluctuating revenues • Develop transit service visio n fo r seamless connectivity C *473 73 Q CShii C i Q:73 c, o aseq ltlau03a anoiduii pue spot Kean o� sa! iunlio ddo lees Technology • Advocate for advanced technologies for transp ortation applications • Implement enhancements to the 1E511 system mobile App Multimoda Services • Provide innovative rideshare programs • Work with agencies to deli ver comprehensive motorist aid system • Use resources to incorporate park and ride facilities and connecting bus services at Metro link stations • Assure effective transit planning through coordination with other agencies • Work with Caltrans to mo nitor traffic conditions • Develo p resources with Caltrans and other agencies to preserve and maintain highways and arterials • Support implementation of bicycle and pedestrian facilities that provide non - motorized transportation alternatives Implementation • Work with local, state and federal agencies on MSHCP implementation • Work with agencies on RTP and SCS to meet air quality goals, conformity guidelines, and SB375 reduction targets • Facilitate use of clean fuels technology • Develop sustainable and green commuter rail stations • Support programs that promote multimodal services to reduce trips and miles traveled • Play a larger role in supporting and planning active transportation projects aanpna sealu! pue sa! upel lisueaq aol asuodsaa Aauagaatua pue aauejl!an ans `Alpnaas aauequ3 �ayaeoD aeo u! SalptieS aa8uassed jeuomppe ao1 al.emnpv tualsAs Hai aainuawoa to uo isuedxa 4uawajduai saarnaas pazilepads ap no Information • Promote working relationships with news and civic entities • Enhance public information delivery methods • Inform state and federal delegati ons • Protect and enhance flexibility in use of state and federal funds for regional needs • Explore options for sustainable l ong-term transportation and quality of life needs • Develop legislative strategies and advocate for sufficient federal and state funding • See legislative flexibility f or innovative financing and delivery methods • Maintain outreach efforts for toll project planning and specific project development efforts • Keep the public informed of construction -related impacts ua euew A2olouipal uo ulewioJu . • luawaeu sapinosaj uewnH uwodaj IePueuH pue 'uiuno3XV 'Sui4ipnV . SaA.aSaH • It4iftge4unoDDv ainlipuedx3 . anuanaa . 2ui4unop3V Departmental budgets, including linkage to Commission policy goals Compilation and review of budgets May 8 —Commission opens public hearing and review of executive summary April 22—B&I review of executive summary June 12 —Commission closes public hearing and adopts budget • AGENDA ITEM 10 • • • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: TO: FROM: THROUGH: SUBJECT: February 25, 2013 Budget and Implementation Committee Shirley Medina, Programming and Planning Manager Cathy Bechtel, Project Development Director Status of State -Local Partnership Program — Formula Funds STAFF RECOMMENDATION: This item is for the Committee to: 1) Receive and file the status report on Proposition 1B State -Local Partnership Program (SLPP) allocations; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: At its March, July, and September 2012 meetings, the Commission approved nine projects totaling $58,941,000 for SLPP formula funds. SLPP funding must be allocated by the California Transportation Commission (CTC) on or by its June 2013 meeting. SLPP funded projects that remain unallocated after the June meeting will be reallocated by the CTC to other projects within the state. Projects that receive allocations by June must award a construction contract by December 31, 2013. Given these timelines staff monitored the projects to ensure the deadlines are met. To date, two projects have been allocated: Agency Indio Murrieta Project Monroe Road 1-15/Los Alamos Bridge Subtotal: SLPP Funds $1,375,000 2,500,000 $3,875,000 CTC Allocation Date October 2012 January 2013 The following projects are scheduled for allocations at the March and May CTC meetings: Agenda Item 10 15 Agency Project SLPP Funds CTC Allocation Date Commission State Route 91 Corridor Improvement Project (SR -91 CIP) $37,173,000 March 2013 Corona Foothill Parkway 7,000,000 March 2013 Indian Wells Hwy 1 1 1 1,550,000 March 2013 *La Quinta Hwy 111/Washington Street 287,000 May 2013 Palm Desert Monterey IC/Loop ramp 2,800,000 May 2013 *Indio Varner Road 2,253,000 May 2013 *Riverside County Fred Waring Drive 4,003,000 May 2013 Subtotal: $ 55,066,000 *Projects received additional in January. $3,000-$4,000 each due to correction in available funding per CTC notification Staff is working closely with local agencies and Caltrans to move forward with the respective allocation requests. Local agencies requesting funding allocations in March have submitted the requests. Allocation requests targeted for the May 2013 CTC meeting must complete all pre -construction phases and submit the allocation requests by March 11, 2013. There is no financial impact to the Commission. Projects are required to match the SLPP funds with transportation sales tax, or Measure A funds, on a 50-50 basis. While the Commission will match with Measure A Highway funds and receive the SLPP funds allocated for the SR -91 CIP, the other projects' SLPP funds will not flow directly through the Commission. The cities of Corona and Murrieta have separate funding agreements in place with the Commission for Measure A Regional Arterial matching funds. The Coachella Valley Association of Governments has agreements with the respective local agencies in Eastern County regarding Measure A matching funds for its SLPP projects. 16 • Agenda Item 10 AGENDA ITEM 11 • • RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: February 25, 2013 TO: Budget and Implementation Committee FROM: Shirley Medina, Programming and Planning Manager THROUGH: Cathy Bechtel, Project Development Director SUBJECT: Federal Surface Transportation Program 2013 Call Rehabilitation Projects for TECHNICAL ADVISORY COMMITTEE AND STAFF RECOMMENDATION: This item is for the Committee to: • • 1) Approve the release of the 2013 Surface Transportation Program Call for Rehabilitation Projects (2013 STP Call for Rehabilitation Projects) in the amount of $12.5 million in federal STP funds; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: The federal transportation act, Moving Ahead for Progress in the 21St Century (MAP -21), provides additional funding that the Commission is responsible for allocating based on established selection criteria. Due to the need to fund road repair work, the Commission set aside federal STP funds in the past specifically for rehabilitation, reconstruction, restoration, and preventative maintenance work. Staff recommends setting aside 20 percent of its estimated annual apportionment of STP funds over three years for rehabilitation type work, which results in $12.5 million available for the 2013 STP Call for Rehabilitation Projects. Although the Federal Highway Administration has not developed specific guidance for the programs and Caltrans and the state have not determined the funding distributions, the funding is available for project obligations and staff believes the funding amounts will not change significantly, if at all, from the current estimates provided by Caltrans. Rehabilitation projects are generally easier to process through Caltrans Local Assistance and can be quickly amended in the Federal Transportation Improvement Program (FTIP). The remaining 80 percent of STP funds will be brought forward to the Commission for consideration of a future call for projects that will primarily be for capacity enhancement projects. Agenda Item 11 17 w Call for Projects General Requirements • STP funds will be programmed for the construction phase. • Local agencies must submit priority projects based on local agency evaluations. • Local agencies must certify funding match. • Federal rules require STP funded projects to be matched at a minimum of 11.47 percent. Eligible Projects: • Rehabilitation; • Restoration; • Reconstruction; and • Preventative Maintenance (must have pavement management system in place). Ineligible projects: Projects that add capacity or increase the number of lanes Target Allocation Amounts The last STP Rehabilitation CaII for Projects was approved by the Commission in 2005. Staff is using the same format and criteria for the 2013 STP Call for Rehabilitation Projects due to the nature of the projects and relative ease in approving and programming funds. This planned 2013 STP CaII for Rehabilitation Projects was discussed with the Technical Advisory Committee (TAC) and the TAC supports staff in moving forward with the 2013 STP Call for Rehabilitation Projects based on the success of the prior format for establishing target allocation amounts. The target allocation amounts available for each local agency were determined by using a combination of Federal Functional Classification System lane miles (provided by Caltrans) and population. Eligibility for federal funding requires that projects are on arterials that are identified on the Federal Functional Classification System. The population figures are from the 2010 Census. The population and lane miles are weighted 50/50. For agencies that incorporated after 2010, staff referred to State Department of Finance population data. The target allocation amounts for each agency are attached. Staff is working with Caltrans and the county of Riverside to obtain Federal Functional Classification System lane miles for the cities of Eastvale and Jurupa Valley in order to determine the target allocation amounts for these cities. For some of the smaller cities, the target allocation amounts may not be sufficient to fund a project. In this case, the city would need to provide its own local funds to fully fund the project. 18 • • • Agenda Item 11 • • • The TAC and staff recommend that the Commission approve the 2013 STP Call for Rehabilitation Projects. The schedule is proposed as follows: 2013 STP Call for Rehabilitation Projects Timeline Commission Releases STP CaII for Rehabilitation Projects Project Applications Due to RCTC by 5:00 p.m. Projects Reviewed/Evaluated Technical Advisory Committee Review/Recommendations Recommendations to Budget and Implementation Committee Recommendations to Commission Date March 13, 2013 April 1, 2013 April 2-10, 2013 April 15, 2013 April 22, 2013 May 8, 2013 There is no financial impact to the Commission, as federal STP funds are administered by Caltrans and do not flow directly through the Commission. Attachment: STP Target Allocation Amounts Agenda Item 11 19 STP FWABILITATION CALL FOR PROJECTS - FUNDING DISTRIBUTION (DRAFT) STP Allocation LOCAL AGENCIES (50 % Ln Mi/ 50% Pop) Banning $ 164,758 Beaumont $ 199,266 Blythe $ 135,880 Calimesa $ 49,307 Canyon Lake $ 33,564 Cathedral City $ 305,017 Coachella $ 194,463 Corona $ 753,847 Desert Hot Springs $ 165,217 Eastvale Hemet $ 401,521 Indian Wells $ 38,680 Indio $ 432,332 Jurupa Valley Lake Elsinore $ 259,233 La Quinta $ 226,003 Menifee $ 292,784 Moreno Valley $ 982,055 Murrieta $ 536,912 Norco $ 160,920 Palm Desert $ 303,900 Palm Springs $ 358,795 Perris $ 283,161 Rancho Mirage $ 147,011 Riverside $ 1,640,684 San Jacinto $ 262,441 Temecula $ 585,317 Wildomar $ 122.914 Unincorporated $ 3,054,130 County Total $ 12,090,112 • 20 AGENDA ITEM 12 MI • • RIVERSIDE COUNTY TRANSPORTA TION COMMISS/ON DATE: February 25, 2013 TO: Budget and Implementation Committee FROM: William Von Klug, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Riverside County Transportation Commission Right of Way Manual Related to Relocation Assistance Appeals STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the amendment to Section 7-3 of the Riverside County Transportation Commission Right of Way Manual; and 2) Forward to the Commission for final action. BACKGROUND INFORMATION: The Commission is being asked to amend Section 7-3 of the Riverside County Transportation Commission Right of Way Manual to more accurately and comprehensively reflect the process an aggrieved person or business should follow in the event of an adverse relocation assistance determination. The amended Section 7-3 also provides more clarity to aggrieved persons and business as to the timing of their appeals and as to the duties and obligations of the Commission with respect to those appeals. Both state and federal law require that if an individual or a business is displaced as a result of a public project, the displacing agency must provide relocation assistance to that individual or business. Once a person or business is deemed to be eligible for relocation assistance, they are provided with a notice of their eligibility. In the event an individual or business is deemed ineligible for relocation assistance, or their eligibility is less than or different than what they expect, or the amount of a relocation payment is less than they believe is reasonable and necessary, the aggrieved person or business has a right to file an appeal with the agency. Currently, the Commission has in place an appeals process outlined in Section 7-3 of its Riverside County Transportation Commission Right of Way Manual. Staff and legal counsel's review, however, indicates the process could be defined more clearly. Accordingly, Section 7-3, has been amended to provide greater clarity as Agenda Item 12 21 to the steps an aggrieved individual or business must take to perfect an appeal, the responsibilities and duties of the Commission in responding to such appeals, and the timeline of the process. Specifically, unlike the current version of Section 7-3, the amended Section 7-3 requires staff take certain action within a specified time period, materials be made available to the party appealing, and to the greatest extent feasible, the Commission shall bear the cost of appeal. The amended Section 7-3 also outlines the process by which an appeals officer(s) is to be selected. Attachment: Section 7-3 of the Riverside County Transportation Commission Right of Way Manual • • • Agenda Item 12 22 CHAPTER VII • • • RELOCATION ASSISTANCE Section 7-3 Appeals 7-3.1 General (49 CFR 24.10(a)) "The Agency shall promptly review appeals in accordance with the requirements of applicable law and this part." RCTC staff will review all appeals no later than 60 days after written notice of appeal is received. All Notices of Appeal shall be addressed as follows: Riverside County Transportation Commission Attention: Right of Way Manager 4080 Lemon Street, Third Floor Riverside, California 92502 7-3.2 Appealable Actions (49 CFR 24.10(b)) "An aggrieved person may file a written appeal with the Agency in any case in which the person believes that the Agency has failed to properly consider the person's application for assistance under this part. Such assistance may include, but is not limited to, the person's eligibility for, or the amount of, a payment required under Section 24.106 or Section 24.107, or a relocation payment required under this part. The Agency shall consider a written appeal regardless of form." RCTC staff shall consider all relocation assistance appeals on their merit, unless a claim is abandoned, either formally, or informally. 7-3.3 Time Limit (49 CFR 24.10(c)) "The Agency may set a reasonable time limit for a person to file an appeal. The time limit for filing an appeal shall not be less than 60 days after the person receives written notification of the Agency's determination on the person's claim." 17336.02100\7673307.7 23 If a claimant was not required to relocate, or was determined not be eligible for relocation benefits, the appeal must be filed within sixty (60) days of receiving notification of RCTC's initial determination of ineligibility. If a claimant disagrees with the amount or type of eligibility determination, the appeal must be filed within sixty (60) days of receiving notification of that determination. RCTC may extend the time period for anyone to appeal, upon showing of good cause as determined at RCTC's sole discretion. 7-3.4 Right to Representation (49 CFR 24.10(d)) "A person has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person's own expense." 7-3.5 Review of Files (49 CFR 24.10(e)) "The Agency shall permit a person to inspect and copy all materials pertinent to his or her appeal, except materials which are classified as confidential by the Agency. The agency may, however, impose reasonable conditions on the person's right to inspect, consistent with applicable laws." RCTC will make available for review its relocation file, at RCTC offices, as it pertains to the appellant upon request by the appellant. A request to review the file shall be made in writing and must be made at the time the appeal is initiated pursuant to section 7-3.1. RCTC may set a reasonable time limit for appellant to review the file. RCTC may charge reasonable fees for any copied material in accordance with RCTC policy. Any materials that are protected from disclosure pursuant to any legal privilege or under the California Public Records Act shall not be made available. These materials are hereby classified confidential by RCTC. 7-3.6 Scope of Review (49 CFR 24.10(f)) "In deciding an appeal, the Agency shall consider all pertinent justification and other material submitted by the person, and all other available information that is needed to ensure a fair and full review of the appeal." All materials that the applicant wishes to have considered at the appeals hearing (see section 7-3.8) must be submitted no later than 10 days prior to the date of the hearing to allow the appeals panel sufficient time to consider such materials. 7-3.7 Agency Official — RCTC Executive Director (49 CFR 24.10(h)) • 17336.02100\7673307.7 24 • • "The Agency official conducting the review of the appeal shall be either the head of the Agency or designee(s). However, the official shall not have been directly involved in the action appealed." 7-3.8 Appeal Process The Right of Way Manager or his or her designee ("ROW Manger") shall respond to the appellant or the appellant's representative in writing, no later than 14 days after receipt of Notification pursuant to section 7-3.1. If the ROW Manager is unable to resolve the disputed determination to the appellant's satisfaction, the ROW Manager shall set a hearing for the appeal no later than 46 days from the date of the initial Notice. The hearing shall occur before an Appeal Board, which shall be comprised of one or more persons, at the discretion of the Executive Director or his or her designee. The following persons may not be on the Appeals Board 1.) Any individual who is employed by a firm that is contracted with RCTC on any active or pending Right of Way Project. 2.) Any person that has a contract or is a subcontractor with an entity that has a contract with RCTC on any active or pending Right of Way Project. 3.) Any individual who is holding an elected public office within RCTC's jurisdiction. 4.) Any person directly involved in the determination being appealed. The appeal hearing shall be recorded, either through use of a court reporter or videographer, or both at RCTC's election and cost. The appellant shall be entitled to obtain a copy of the transcript and/or video at RCTC's expense. RCTC shall also pay for the cost of a copy and/or video to be provided to the appeals board should the matter be taken under submission. The appeal hearing shall be held at the RCTC offices to the greatest extent practicable, unless the ROW Manager and the appellant agree otherwise. The appeal hearing shall continue day to day until all evidence has been presented and all necessary testimony has been given. If the appellant is represented by counsel, RCTC shall have the right to be represented by counsel. 17336.02100\7673307.7 25 7-3.9 Determination and Notification After Appeal (49 CFR 24.10(g)) "Promptly after receipt of all information submitted by a person in support of an appeal, the Agency shall make a written determination on the appeal, including an explanation of the basis on which the decision was made, and furnish the person a copy. If the full relief requested is not granted, the Agency shall advise the person of his or her right to seek judicial review." RCTC shall issue a written determination of its final decision no later than 30 days after the conclusion of the appeals hearing. If the appellant is dissatisfied with the determination, the appellant may seek judicial review of the determination within the time limits prescribed by law. 7-3.10 Additional Rights - Title 25, California Code of Regulations Ch.6, Art 1 Section 6000 et seq., Section 6.158 (a) "General. The public entity shall consider the request for review and shall decide whether a modification of its initial determination is necessary. This review shall be conducted by the head of the public entity or an authorized, impartial designee. (The designee may be a committee). A designee shall have the authority to revise the initial determination or the determination of a previous oral presentation. The public entity shall consider every aggrieved person's complaint regardless of form, and shall, if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the public entity shall inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross-examination as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal." The appellant has a right to representation by legal counsel or other counsel at his expense at any and all stages of the proceedings. The appellant also has the right to present his case by oral or documentary evidence, to submit rebuttal evidence, rebuttal evidence must be submitted at the time of the hearing or within 7 calendar days of the date of the hearing, to conduct such cross-examination as may be required for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal • I7336.02100\7673307.7 26 AGENDA ITEM 13 RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: February 25, 2013 TO: Budget and Implementation Committee FROM: Josefina Clemente, Transit Manager THROUGH: Robert Yates, Multimodal Services Director SUBJECT: Agreement with Pacific Municipal Consultants Performance Audit Services for Triennial STAFF RECOMMENDATION: This item is for the Committee to: 1) Award Agreement No. 13-62-072-00 to Pacific Municipal Consultants (PMC) for triennial performance audit services for an initial term through December 31, 2013 covering the triennial performance audits for FY 2009/10 - FY 2011/12 with an option for a second term through December 31, 2016 covering FY 2012/13 - FY 2014/15, for a total contract amount not to exceed $207,740; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, 11, to execute the agreements, including option years, on behalf of the Commission; and 3) Forward to the Commission for final action. BACKGROUND INFORMATION: The California Public Utilities Code (PUC) Section 99246, included in the Transportation Development Act (TDA), requires Regional Transportation Planning Agencies (RTPAs) contract for triennial performance audits of their activities and the activities of the transit operators to which they allocate TDA funds. This audit is conducted every three years, and the Commission must send a certificate of completion to the California Department of Transportation (Caltrans), in order for the Commission to receive and allocate TDA funds for Riverside County. The audits evaluate the efficiency, effectiveness, and economy of the Commission and the seven public operators: cities of Banning, Beaumont, Corona, Riverside, Riverside Transit Agency, SunLine Transit Agency, and Palo Verde Valley Transit Agency. These initial performance audits will cover fiscal years ending June 30, 2010 through June 30, 2012 and must be conducted in compliance with relevant sections of the TDA. • Agenda Item 13 27 Procurement Process The request for proposals (RFP) was released by Commission staff and advertised on December 14, 2012. Staff responded to all questions submitted by potential proposers prior to the January 10, 2013, deadline. Two firms, PMC and Bazilio Cobb Associates (BCA), submitted proposals prior to the January 24, 2013, submittal deadline. Each of the firms submitted responsive and responsible proposals. Utilizing the evaluation criteria set forth in the RFP, the two firms were evaluated and scored by an evaluation committee comprised of Commission and Southern California Associated Governments (SCAG) staff. Based on the evaluation committee's assessment of the written proposals and pursuant to the terms of the RFP, the evaluation committee recommends award of this contract to PMC, as that firm earned the highest total evaluation score under the evaluation criteria of the RFP. The recommended firm labor rates were competitively established and considered fair and reasonable, based upon adequate price competition under the above referenced procurement process and staff evaluation of historical costs paid by the Commission for the same or similar services. Staff is confident the recommended firm will provide the Commission with quality service at the best possible price. Staff recommends the approval of a contract in the amount of $97,193 with PMC to conduct the state -mandated triennial performance audits covering fiscal years FY 2009/10 - FY 2011/12 with an option to conduct a second performance audit term for years covering FY 2012/13 - FY 2014/15 for the amount of $110,547. Since the audits are required by state TDA law, the Commission will use TDA funds to pay for the work. • • Financial Information In Fiscal Year Budget: Yes Year: FY 2012/13 Amount: $97,193 Source of Funds: Local Transportation Funds Budget Adjustment: No GL/Project Accounting No.: 106 62 65401 Fiscal Procedures Approved: \���- ;evJ Date: 02/19/13 Attachment: Standard Professional Services Agreement • Agenda Item 13 28 • • • Agreement No. 13-62-072-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR TRIENNIAL PERFORMANCE AUDIT SERVICES WITH PACIFIC MUNICIPAL CONSULTANTS 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of , 201_, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Co- mmission") and PACIFIC MUNICIPAL CONSULTANTS ("Consultant"). 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is a professional consultant, experienced in providing performance audit services to public clients, is licensed in the State of California, and is familiar with the plans of Commission. 2.2 Commission desires to engage Consultant to render certain consulting services for the Transit Triennial Performance Audit Project ("Project") as set forth herein. 3. TERMS. 3.1 General Scope of Services. Consultant promises and agrees to furnish to Commission all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.2 Term. The term of this Agreement shall be from the date first specified above to December 31, 2016, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to 17336.00000\7415357.2 29 0. perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of the Commission, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.4 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and Consultant is not an employee of Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not be employees of Commission and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Commission: 3.6 Substitution of Key Personnel. Consultant has represented to Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: 3.7 Commission's Representative. Commission hereby designates [ INSERT NAME OR TITLE ], or his or her designee, to act as its representative for the performance of this Agreement ("Commission's Representative"). Commission's representative shall have the power to act on behalf of Commission for all purposes under this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 3.8 Consultant's Representative. Consultant hereby designates [ INSERT NAME OR TITLE ], or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all 17336.00000\7415357.2 2 • 30 • • • means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Consultant agrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Consultant shall perform the Services under this Agreement in a skillful and competent manner, consistent with the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from Commission, any Services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. 3.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.12 Insurance. 3.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.12.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the 17336.00000\7415357.2 31 performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) if Consultant has an employees, Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Practices Liability limits of $1,000,000 per accident. 3.12.3 Professional Liability. [ INCLUDE ONLY IF APPLICABLE - DELETE OTHERWISE ] Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 [ INCREASE IF NECESSARY - OTHERWISE LEAVE AS IS AND DELETE THIS NOTE ] per claim. 3.12.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. 17336.00000\7415357.2 4 • 32 • • • (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors,; officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and, (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.12.5 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self -insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 3.12.7 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 17336.00000\7415357.2 5 33 3.13 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.14 Fees and Payment. 3.14.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto. The total compensation shall not exceed INSERT WRITTEN DOLLAR AMOUNT ] ($F INSERT NUMERICAL DOLLAR AMOUNT ]) without written approval of Commission's Executive Director ("Total Compensation"). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.14.2 Payment of Compensation. Consultant shall submit to Commission a monthly statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Commission shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. Commission may Work" means any completion of the necessary at the compensated for Director. 3.14.4 Extra Work. At any time during the term of this Agreement, request that Consultant perform Extra Work. As used herein, "Extra work which is determined by Commission to be necessary for the proper Project, but which the parties did not reasonably anticipate would be execution of this Agreement. Consultant shall not perform, nor be Extra Work without written authorization from Commission's Executive 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make 17336.00000\7415357.2 6 • 34 • • • transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.16 Termination of Agreement. 3.16.1 Grounds for Termination. Commission may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof. Upon termination, Consultant shall be compensated only for those services which have been fully and adequately rendered to Commission through the effective date of the termination, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.16.2 Effect of Termination. If this Agreement is terminated as provided herein, Commission may require Consultant to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Attn: COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality. 17336.00000\7415357.2 7 35 3.18.1 Documents & Data. This Agreement creates an exclusive and perpetual license for Commission to copy, use, modify, reuse, or sub -license any and all copyrights and designs embodied in plans, specifications, studies, drawings, estimates, materials, data and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission's sole risk. 3.18.2 Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property") prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above -referenced Intellectual Property, it shall first obtain the written approval of the Commission. 17336.00000\7415357.2 8 • 36 • • • All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. Commission further is granted by Consultant a non-exclusive and perpetual license to copy, use, modify or sub -license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. 3.18.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium. without the prior written consent of Commission. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission in order to allow the Commission to pursue legal remedies designed to limit any confidential information required to be disclosed or to assure the confidential treatment of the information following disclosure. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.18.4 Infringement Indemnification. Consultant shall defend, indemnify and hold the Commission, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Commission of the Documents & Data, including any method, process, product, or concept specified or depicted. 17336.00000\7415357.2 9 37 3.19 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.20 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of such actions. 3.21 Indemnification. Consultant shall indemnify and hold the Commission, its directors, officials, officers, agents, consultants, employees and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to alleged negligent acts, omissions or willful misconduct of the Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Commission, its directors, officials, officers, agents, consultants, employees and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Commission or its directors, officials, officers, agents, consultants, employees and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Commission and its directors, officials, officers, agents, consultants, employees and volunteers, for any and all legal expenses and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnity shall not be restricted to insurance proceeds, if any, received by the Commission or its directors, officials, officers, agents, consultants, employees and volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. This Section 3.21 shall survive any expiration or termination of this Agreement. 3.22 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended, or modified by a writing signed by both parties. 3.23 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 17336.00000\7415357.2 10 • 38 • • • 3.25 Commission's Right to Employ Other Consultants. The Commission reserves the right to employ other consultants in connection with this Project. 3.26 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. 3.27 Prohibited Interests. 3.27.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Commission shall have the right to rescind this Agreement without liability. 3.27.2 Conflict of Interest. For the term of this Agreement, no member, officer or employee of Commission, during the term of his or her service with Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.27.3 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 3.28 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other related Commission programs or guidelines currently in effect or hereinafter enacted. 3.29 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 17336.00000\7415357.2 11 39 3.30 Prevailing Wages. By its execution of this Agreement, Consultant certified that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seg. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The Commission shall provide Consultant with a copy of the prevailing rate of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.31 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub -consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub -consultant shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant. 3.32 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 17336.00000\7415357.2 12 • 40 • • • 3.33 Eight -Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight -Hour Law"), unless Consultant or the Services are not subject to the Eight -Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub - consultant under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight -Hour Law. 3.34 Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.35 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination. 3.36 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.37 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.38 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.39 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 3.40 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.41 Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, 17336.00000\7415357.2 13 41 terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.42 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.43 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein, without the prior written consent of the Commission. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.44 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 17336.00000\7415357.2 [SIGNATURES ON FOLLOWING PAGE] 14 • 42 • • SIGNATURE PAGE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR TRIENNIAL PERFORMANCE AUDIT SERVICES WITH PACIFIC MUNICIPAL CONSULTANTS IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY PACIFIC MUNICIPAL CONSULTANTS TRANSPORTATION COMMISSION By: By: Karen Spiegel Chair Approved as to Form: Attest: Signature Name Title By: By: Best Best & Krieger LLP General Counsel Its: Secretary 17336.00000\7415357.2 15 43 17336.00000\7415357.2 EXHIBIT "A" SCOPE OF SERVICES INSERT 1 A-1 • • 44 EXHIBIT "B" • 17336.00000\7415357.2 SCHEDULE OF SERVICES INSERT 1 B-1 45 17336.00000\7415357.2 EXHIBIT ..C" COMPENSATION [ INSERT ] C -1 • 46 Tara Byerly From: Tara Byerly Sent: Wednesday, February 20, 2013 3:39 PM To: Tara Byerly Subject: RCTC - Budget and Implementation Committee Agenda - 02.25.2013 Attachments: Conflict of Interest Form.pdf; Conflict of Interest Memo.pdf Importance: High Good Afternoon Budget and Implementation Committee Members: Attached below is the link to the Budget and Implementation Committee agenda for the meeting scheduled @ 9:30 a.m. on Monday, February 25. http://www.rctc.org/uploads/media items/budget-and-implementation-committee-february-25-2013.original.pdf Also, attached for your review is the conflict of interest memo and form. Please let me know if you have any questions. Thank you. Respectfully, Tara S. Byerly Senior Administrative Assistant 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951) 787-7141 1 Riverside County Transportation Commission TO: FROM: DATE: SUBJECT: Possible Conflicts of Interest Issues - Budget and Implementation Committee Agenda of February 25, 2013 Riverside County Transportation Commission Jennifer Harmon, Office and Board Services Manager February 20, 2013 The February 25, 2013 agenda of the Budget and Implementation Committee includes items which may raise possible conflicts of interest. A RCTC member may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12 months or 3 months following the conclusion from any entity or individual listed. Agenda Item No. 13 - Agreement with Pacific Municipal Consultants for Triennial Performance Audit Services Consultant(s): Pacific Municipal Consultants 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Philip 0. Carter, President RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE SIGN -IN SHEET FEBRUARY 25, 2013 NAME AGENCY E MAIL ADDRESS Si`e-eV*1 th-rit-st,41-4.-z 64 -ye -L/ 4 -, 1,e11 L A e_ S i` \ a -E k-tglvt' d r /Cc_ U__ ./, i-t ki-- ff ,j ,,,,-r- r ^_ u ��S / p&au.0 aQ� � f 6:- 'e . -(=. S,A,- V T6�s /AI r//Ua�-7 j- /= 0 "' / \ 0 SeA-! `S £ ✓l it v L.4- 7 l p J ! 0 / 1 .J « ... v �. .� r,.-ti 7 C0 ✓ <,,,,,,,i�7 ..e ,. , Z PitAao f Pa vu , A dig ecy-, r V Q L RIVERSIDE COUNTY TRANSPORTATION COMMISSION BUDGET AND IMPLEMENTATION COMMITTEE ROLL CALL FEBRUARY 25, 2013 Present Absent County of Riverside, District II 0 O County of Riverside, District I II 17' 0 City of Beaumont 0 City of Calimesa a" 0 City of Canyon Lake 7. 0 City of Cathedral City , 7' 0 City of Coachella r0 0 City of Desert Hot Springs O. 0 City of Hemet !0 0 City of Indian Wells 0` 0 City of Lake Elsinore 0 0 City of Murrieta 0 0 City of Riverside 0 0 City of Temecula 0 0