HomeMy Public PortalAbout02 February 25, 2013 Budget & ImplementationRECORDS
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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
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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.
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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.
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Budget and Implementation Committee
February 25, 2013
Page 3
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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.
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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.
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AGENDA ITEM 5
MINUTES
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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
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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.
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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.
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Respectfully submitted,
4....y\."..-k_p_ \-\00Lmen----411)
Jennifer Harmon
Clerk of the Board
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AGENDA ITEM 7
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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
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AGENDA ITEM 8A
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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
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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
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Agenda Item 8A
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• 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
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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
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Agenda Item 8A
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RIVERSIDE COUNTY TRANPORTATION COMMISSION
QUARTERLY BUDGET VS ACTUAL
2ND QUARTER
FOR SIX MONTHS ENDED 12/31/2012
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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%
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
•
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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
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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