HomeMy Public PortalAbout01 January 11, 2023 CommissionComments are welcomed by the Commission. If you wish to provide comments to the Commission,
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MEETING AGENDA
TIME/DATE: 9:30 a.m. / Wednesday, January 11, 2023
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
COMMISSIONERS
Chair – Bob Magee
Vice Chair – Lloyd White
Second Vice Chair – Karen Spiegel
Kevin Jeffries, County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez, County of Riverside, District 4
Yxstian Gutierrez, County of Riverside, District 5
To Be Appointed / Alberto Sanchez, City of Banning
Lloyd White / Julio Martinez, City of Beaumont
Joseph DeConinck / Johnny Rodriguez, City of Blythe
Linda Molina / Wendy Hewitt, City of Calimesa
Jeremy Smith / Jennifer Dain, City of Canyon Lake
Raymond Gregory / Mark Carnevale, City of Cathedral City
Steven Hernandez / Denise Delgado, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs
Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Malcolm Lilienthal, City of Hemet
Dana Reed / Ty Peabody, City of Indian Wells
Waymond Fermon / Oscar Ortiz, City of Indio
Brian Berkson / Armando Carmona, City of Jurupa Valley
Kathleen Fitzpatrick / Robert Radi, City of La Quinta
Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines, City of Menifee
To Be Appointed / Edward Delgado, City of Moreno Valley
Lisa DeForest / Cindy Warren, City of Murrieta
Ted Hoffman / Katherine Aleman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / Dennis Woods, City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Ted Weill / Charles Townsend, City of Rancho Mirage
Chuck Conder / Patricia Lock Dawson, City of Riverside
To Be Appointed / Alonso Ledezma, City of San Jacinto
To Be Appointed / Zak Schwank, City of Temecula
Joseph Morabito / Ashlee DePhillippo, City of Wildomar
To Be Appointed, Governor’s Appointee Caltrans District 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
MEETING AGENDA*
*Actions may be taken on any item listed on the agenda
9:30 a.m.
Wednesday, January 11, 2023
Board Room
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside, CA
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to
the meeting, which are public records relating to open session agenda items, will be available for inspection by members
of the public prior to the meeting on the Commission’s website, www.rctc.org.
In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, Executive Order N-29-20, and
the Federal Transit Administration Title VI, please contact the Clerk of the Board at (951) 787-7141 if special assistance is
needed to participate in a Commission meeting, including accessibility and translation services. Assistance is provided free
of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements
can be made to provide assistance at the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less.
The Commission may, either at the direction of the Chair or by majority vote of the Commission, 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. In addition, the maximum time for public comment for any individual item or topic is thirty (30)
minutes. Also, the Commission may terminate public comments if such comments become repetitious.
Speakers may not yield their time to others without the consent of the Chair. Any written documents to
be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy
applies to Public Comments and comments on Agenda Items.
Under the Brown Act, the Commission should not take action on or discuss matters raised during public
comment portion of the agenda that are not listed on the agenda. Commission members may refer such
matters to staff for factual information or to be placed on the subsequent agenda for consideration.
5. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a
finding that there is a need to take immediate action on the item and that the item came to the
attention of the Commission subsequent to the posting of the agenda. An action adding an
item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the
Commission members present, adding an item to the agenda requires a unanimous vote. Added
items will be placed for discussion at the end of the agenda.
Riverside County Transportation Commission Meeting Agenda
January 11, 2023
Page 2
6. PUBLIC HEARING - RIVERSIDE COUNTY TRANSPORTATION COMMISSION 91 EXPRESS LANES
TOLL POLICY AND TOLL SCHEDULE
Page 1
Overview
This item is for the Commission to:
1) Conduct a public hearing to receive input on the proposed RCTC 91 Express Lanes Toll
Policy and Toll Schedule; and
2) Adopt Resolution 22-022, “Resolution of the Riverside County Transportation
Commission Adopting the RCTC 91 Express Lane Toll Policy and Toll Schedule”, to take
effect as of the date the 15/91 Connector opens to the traveling public, with the discount
portion of the policy to take effect as of January 1, 2023.
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.
7A. AB 361 DETERMINATION
Page 18
Overview
This item is for the Commission to:
1) Reaffirm the findings in Resolution No. 22-007, “A Resolution of the Board of
Commissioners of the Riverside County Transportation Commission Authorizing
Virtual Board and Committee Meetings Pursuant to AB 361.” The findings are
as follows:
a. The Governor proclaimed a State of Emergency on March 4, 2020,
related to the COVID-19 pandemic, which continues to exist today; and
b. State or local officials have recommended measures to promote social
distancing.
7B. APPROVAL OF MINUTES – DECEMBER 14, 2022
Page 23
7C. AMENDMENTS FOR ON-CALL PUBLIC OUTREACH AND MARKETING SERVICES
Page 33
Overview
This item is for the Commission to:
1) Approve the amendments to the on-call public outreach marketing services
contract, exercise a two-year option, and approve $500,000 additional cost
authorization for a not to exceed $1,500,000 contract authority to the following
agreements:
Riverside County Transportation Commission Meeting Agenda
January 11, 2023
Page 3
a) Agreement No. 17-15-105-04, Amendment No. 3 to Arellano Associates;
b) Agreement No. 17-15-110-02, Amendment No. 2 to Celtis Ventures, Inc.;
c) Agreement No. 17-15-111-03, Amendment No. 3 to CityWorks People +
Places, Inc.;
d) Agreement No. 17-15-113-02, Amendment No. 2 to MBI Media; and
e) Agreement No. 17-15-114-02, Amendment No. 2 to Moore Iacofano
Goltsman, Inc. (MIG)
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements amendment on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute task orders awarded
to the consultants under the terms of the agreements.
7D. STATE AND FEDERAL LEGISLATIVE UPDATE
Page 52
Overview
This item is for the Commission to:
1) Receive and file an update on state and federal legislation.
7E. AMENDMENT FOR CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING,
AND CONSTRUCTION SURVEYING FOR THE INTERSTATE 215/PLACENTIA AVENUE
INTERCHANGE PROJECT
Page 55
Overview
This item is for the Commission to:
1) Approve Amendment No. 3 to Agreement No. 18-31-148-00 with Vali Cooper &
Associates, Inc. for Interstate 215/Placentia Avenue Interchange construction
management services, materials testing, and construction surveying in the
amount of $395,142, for a total not to exceed of $6,441,043; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
finalize and execute the amendment, on behalf of the Commission.
Riverside County Transportation Commission Meeting Agenda
January 11, 2023
Page 4
7F. AMENDMENT TO CITY OF RIVERSIDE’S FISCAL YEAR 2022/23 SHORT RANGE TRANSIT
PLAN
Page 63
Overview
This item is for the Commission to:
1) Approve the city of Riverside’s (City) request for an allocation of $541,995 in
Local Transportation Funds (LTF) to cover a shortfall of operating expenses from
Fiscal Years 2019/20 and 2020/21 that were submitted for federal stimulus
reimbursement but were deemed ineligible; and
2) Approve the City’s amended FY 2022/23 Short Range Transit Plan (SRTP) to
reflect the LTF increase in the amount of $541,995 for prior year operating
expenses.
7G. AGREEMENTS FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE
Page 69
Overview
This item is for the Commission to:
1) Award Agreement No. 23-45-014-00 to Royal Coaches Auto Body and Towing
(Royal Coaches) for Freeway Service Patrol (FSP) tow truck services on Interstate
215, Beat No. 20, for a five-year term, in the amount of $2,305,460, plus a
contingency amount of $115,280 for a total amount not to exceed $2,420,740;
2) Approve Agreement No. 20-45-030-01, Amendment No. 1 to Agreement No.
20-45-030-00 with Royal Coaches Auto Body and Towing for continued FSP
services on Beat 25, additional regular FSP and construction FSP covering Beats
1 & 2 in Corona for an additional $386,900, and a total amount not to exceed
$2,012,373
3) Approve Agreement No. 18-45-132-04, Amendment No. 4 to Agreement No.
18-45-132-00 with Coastal Pride Towing (Coastal) for continued FSP services on
Beats 20, 34, and 35, and additional construction FSP service for the I-10 Tune
Up project, for an additional $285,500, and a total amount not to exceed
$3,061,104;
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission; and
5) Authorize the Executive Director, or designee, to approve the use of the
contingency amount as may be required for these services.
Riverside County Transportation Commission Meeting Agenda
January 11, 2023
Page 5
8. QUARTERLY SALES TAX ANALYSIS
Page 127
Overview
This item is for the Commission to:
1) Receive and file the sales tax analysis for the Quarter 2, 2022 (2Q 2022).
9. FISCAL YEAR 2022/23 MID-YEAR REVISED REVENUE PROJECTIONS
Page 136
Overview
This item is for the Commission to:
1) Approve the mid-year Fiscal Year (FY) 2022/23 revenue projections of $275 million for
Measure A sales tax revenues, and $150 million for Local Transportation Fund (LTF)
revenue;
2) Approve the budget increase adjustments to Measure A revenues of $20 million and
expenditures of $7,707,000 to reflect the revised Measure A projection; and
3) Approve the budget increase adjustments to LTF revenues of $20 million, transfers in of
$1,759,000 and expenditures and transfers out of $2,199,000 to reflect the revised LTF
projection.
10. FISCAL YEAR 2023/24 REVENUE PROJECTIONS
Page 143
Overview
1) Approve the projection for Measure A revenues of $280 million for Fiscal Year 2023/24;
2) Approve the projection for Local Transportation Fund (LTF) apportionment of
$155 million for the Western Riverside County, Coachella Valley, and Palo Verde Valley
areas for FY 2023/24; and
3) Approve the projection for Transportation Uniform Mitigation Fee (TUMF) revenues of
$30 million for FY 2023/24.
11. METROLINK CORPORATE PARTNER PROGRAM AGREEMENT TO FULFILL THE LOW CARBON
TRANSIT OPERATION PROGRAM FREE RAIL PASS PROGRAM
Page 149
Overview
This item is for the Commission to:
1) Approve Agreement No. 23-41-029-00 with Southern California Regional Rail Authority
(Metrolink) Corporate Partner Program; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize
and execute the agreement, on behalf of the Commission.
Riverside County Transportation Commission Meeting Agenda
January 11, 2023
Page 6
12. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA
13. EXECUTIVE DIRECTOR REPORT
14. COMMISSIONER COMMENTS
Overview
This item provides the opportunity for brief announcements or comments on items or matters
of general interest.
15. ADJOURNMENT
The next Commission meeting is scheduled to be held at 9:30 a.m. on Thursday and Friday,
February 2-3, 2023.
DETACH AND SUBMIT TO THE CLER K OF THE BOARD
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PUBLIC COMMENTS: / PUBLIC COMMENTS:
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BUSINESS ADDRESS:
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AGENDA ITEM 6
PUBLIC HEARING
Agenda Item 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Toll Policy and Operations Committee
Jennifer Crosson, Toll Operations Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: Riverside County Transportation Commission 91 Express Lanes Toll Policy and
Toll Schedule
TOLL POLICY AND OPERATIONS COMMITTEE AND STAFF RECOMMENDATION:
This item is for the Commission to:
1)Conduct a public hearing to receive input on the proposed RCTC 91 Express Lanes Toll
Policy and Toll Schedule; and
2)Adopt Resolution 22-022, “Resolution of the Riverside County Transportation Commission
Adopting the RCTC 91 Express Lane Toll Policy and Toll Schedule”, to take effect as of the
date the 15/91 Connector opens to the traveling public, with the discount portion of the
policy to take effect as of January 1, 2023.
BACKGROUND INFORMATION:
The authorizing legislation for the 91 Express Lanes, Public Utilities Code section 130244, requires
that the Commission make available for public review and comment its proposed toll schedule.
To comply with Public Utilities Code section 130244(c)(7), public notice of the proposed
91 Express Lane Toll Policy and Toll Schedule will be published on the Commission’s web site for
public review and comment at least 30 days in advance of the public hearing. Staff is seeking
approval of the resolution that adopts the proposed 91 Express Lane Toll Policy and Toll Schedule
and an action to forward the item to the Commission to conduct a public hearing and consider
approval of the resolution.
In 2012, the Commission adopted a resolution whereby the 91 Express Lanes is tolled using time-
of-day variable pricing to manage traffic modeled after the Orange County Transportation
Agency’s (OCTA) toll policy. After opening in 2017, it became apparent that the unique
configuration of the Commission operated 91 Express Lanes required a change to manage
congestion in the single lane entrance and exits. In 2018, the Commission amended the 2012
resolution to address the single-lane congestion. Using the 2019 adopted policy, tolls are
adjusted quarterly based on 12-week historical traffic volumes according to the toll policy
adopted in October of 2018. Time-of-day variable pricing increases the toll when traffic volumes
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Agenda Item 6
increase and decreases the toll when traffic volumes decrease to manage demand in the Express
Lanes.
The 91 Express Lanes has four possible trip combinations, each with its own capacity constraint.
Figure 1 shows the four possible trip combinations:
1. Eastbound 91 County Line to McKinley Street
2. Eastbound 91 County Line to 15 South
3. Westbound McKinley Street to 91 County Line
4. Northbound 15 to westbound 91 County Line
Figure 1: Current Trip Combinations
The current toll policy requires staff to collect data on hourly volumes for every hour of every day
for each of the single-lane movements listed above (672 unique toll rates). According to the
current Commission-adopted policy, each quarter staff analyzes the toll volumes for the single
lane movements for the prior 12 weeks. Tolls are adjusted upward or downward according to
the Level of Service that existed in every hour of every day in for each single-lane movement
according to the toll rate table provided below in the Commission-adopted policy (Table 1).
McKinley 15 South
Level of Service Vehicles per Hour Toll Toll
A 0 - 400 $1.65 $2.10
B 401 - 800 $2.40 $3.15
C 801 - 1,000 $4.45 $5.65
D 1,001 - 1,200 $5.65 $7.30
E (EB McKinley) 1,201 – 1,300 $7.35 n/a
E (EB 15 South) 1,201 - 1,400 n/a $9.40
E (WB McKinley) 1,201 - 1,350 $7.35 n/a
E (WB 15 South) 1,201 – 1,400 n/a $9.40
Table 1: Toll Rate Table
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Agenda Item 6
Once a single-lane movement in a particular hour of a particular day reaches Level of Service E
volumes in a quarterly review period, the toll is set at the rate provided for in the table above. If
vehicles per hour exceed Level of Service E in subsequent quarterly review periods, the toll for
that hour of that day is increased by the current incremental amount of $1.45.
The full time-of-day toll schedule is posted to 91expresslanes.com. In recent months, the toll rate
schedule has been viewed on average 80 times a day. The 91 Express Lanes processes on average
103,000 transactions each day. This means that .08 percent of daily customers are viewing the
toll schedule posted at 91expresslanes.com. The current toll rate is also posted on the on-road
price signs prior to the ingress points of each toll segment. Due to the low number of customers
who view the toll schedule on 91expresslanes.com, staff concludes that customers are relying on
the on-road price sign and possibly other information such as travel apps and real-time
observations of traffic conditions to make their decisions as to whether to use the 91 Express
Lanes rather than the toll schedule posted at the 91expresslanes.com.
The 91 Express Lanes offers discounted tolls to carpoolers travelling with three or more
occupants, 91 Express Lanes account holders who register their pure zero emission vehicle,
disabled plates, and disabled veteran plates. The discount is 100 percent except for Monday
through Friday from 4:00 to 6:00 PM in the eastbound direction at which time the discount is
50 percent. Assembly Bill 2949 requires toll facilities, except for High Occupancy toll (HOT) Lanes,
to provide free travel to veterans who have a disabled plate or various other military
service-related plates provided for in the bill beginning January 1, 2023.
DISCUSSION:
The Commission is constructing a new connection from the eastbound 91 Express Lanes to the
northbound 15 Express Lanes and from the southbound 15 Express Lanes to the westbound
91 Express Lanes (15/91 Express Connector). The 15/91 Express Connector is expected to open
in late 2023. With the addition of the express connector two additional single-lane movements
will need to be managed by the Commission (for a new total of 1,008 unique toll rates). This will
increase the number of single lane movements from four to six as shown in Figure 2.
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Agenda Item 6
Figure: Trip Combination with 15/91 Express Connector
Staff has analyzed the current use of time-of-day congestion pricing that includes the
15/91 Express Connector and determined that there are significant implementation and traffic
management challenges. Many of these challenges exist today with the existing time-of-day
variable pricing and are compounded by the addition of additional single-lane movements. The
challenges include: inability to manage congestion in the two-lane mainline and six different
entry and exit points, inability to manage real-time traffic conditions, maintaining toll rates that
correspond to volumes over time, and managing two integrated express lanes which use
different congestion pricing methods. These challenges are explained further below:
Mainline and Entry and Exit Point Congestion Management
The addition of the 15/91 Express Connector is expected to increase demand for the 91 Express
Lanes. This means volumes within the two-lane mainline will need to be monitored and tolls
adjusted for both the two-lane mainline and the single lane movements to manage congestion.
Additionally, the current time-of-day variable pricing strategy would result in a highly complex
calculation to now also consider two additional movements that impact the mainline express
lanes. This is a resource intensive effort.
Management of Real-Time Traffic Conditions
The current policy uses volume data from the prior twelve weeks to set tolls for the subsequent
quarter. The use of historical data does not allow the setting of tolls to reflect current conditions
or seasonal changes. For instance, tolls were adjusted on October 1, 2022, using data from July
through September. Traffic volumes in the July through September period are lower than they
are in October making the use of historical volumes less effective.
Traffic on the 91 Express Lanes is extremely volatile with volumes increasing and decreasing
quickly. The current policy’s ability to manage traffic using hourly volumes is less effective than a
policy that would allow pricing to reflect what customers are actually experiencing on the
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3
6
5
4
4
Agenda Item 6
91 corridor. Traffic volumes within a peak period hour can vary dramatically. For instance,
congestion and traffic volumes can be less at the beginning of the hour than toward the end, but
in the current policy the entire hour will have the same toll rate. This does not manage demand
optimally. Once congestion begins, it is very difficult to manage traffic in the subsequent hours.
There can be a domino effect.
Maintaining Toll Rates that Correspond to Volumes
During peak periods where Level of Service E is reached in consecutive quarterly review periods,
an incremental amount is added to the current toll. Today, several hours have similar volumes
but there are variances in the toll amount because of some hours have had an incremental
adjustment more frequently than others. Table 2 demonstrates this discrepancy for a sample of
hours. On Thursdays the 2:00 PM hour had more volume than the 3:00 PM hour yet the toll is
lower by $3.45. The 3:00 PM and 4:00 PM hours had a similar volume yet the 3:00 PM toll is $9.25
higher. Current toll policy does not provide a mechanism to ensure that hours with similar levels
of service has similar tolls.
Hour Thurs Friday
Volume Toll Volume Toll
1-2 PM 1,102 $5.65 1,342 $20.80
2-3 PM 1,315 $13.85 1,345 $27.90
3-4 PM 1,234 $17.30 1,222 $27.60
4-5 PM 1,254 $8.05 1,182 $16.25
5-6 PM 1,172 $5.65 1,168 $7.35
6-7 PM 1,180 $5.65 1,163 $5.65
Table 2: Sample of Current Toll Schedule
Managing Integrated Express Lanes
The 15/91 Express Connector introduces a trip combination which requires a customer to use
both the 91 Express Lanes and 15 Express Lanes. The toll for customers using the 15/91 Express
Connector will need to include the toll for the 91 Express Lanes, 15/91 Express Connector and
the 15 Express Lanes. Today, the 91 Express Lanes and 15 Express Lanes have different methods
of establishing tolls.
The toll for the 15 Express Lanes is based on real-time data (dynamic pricing) and the toll on the
91 Express Lanes is based on historical data (time-of-day variable pricing). Attempting to manage
congestion with pricing methods that are not computing data in the same manner creates
conflicts and reduces the effectiveness of pricing as a congestion management tool.
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Agenda Item 6
After much work attempting to develop a time-of-day policy that allows for the management of
both the mainline 91 Express Lanes and each of the 6 entry and exit points, staff has concluded
that the use of dynamic pricing for the 91 Express Lanes would resolve many of the current and
anticipated time-of-day challenges.
The 15 Express Lanes have been operating as a dynamically priced facility since April 2022. The
Commission adopted a toll policy that sets forth the minimum tolls and the parameters for the
dynamic adjustments. During its first year of operation, the 15 Express Lanes was managed
through time-of-day pricing while the algorithm was being adjusted and monitored. Once
dynamic pricing began on the 15 Express Lanes, it became apparent that dynamic pricing had
benefits to customers by offering lower toll rates during parts of the hour when volumes were
lower, rather than tolls for the whole hour being set based on the peak volume within that hour.
Table 3 below shows a peak period hour with the time-of-day toll, the dynamically priced toll
following the implementation of dynamic pricing, and the dynamically priced toll following the
15 Corridor Improvement Project.
Time
Time-of-Day
Dynamically Priced
Dynamically Priced
Post 15 ICOP
4:00 PM $12.00 $11.20 $8.55
4:05 PM $12.00 $10.40 $8.55
4:10 PM $12.00 $12.00 $7.75
4:15 PM $12.00 $12.00 $9.35
4:20 PM $12.00 $10.80 $10.95
4:25 PM $12.00 $10.80 $11.75
4:30 PM $12.00 $12.00 $12.00
4:35 PM $12.00 $10.80 $12.00
4:40 PM $12.00 $10.40 $11.20
4:45 PM $11.50 $9.60 $10.40
4:50 PM $11.50 $8.80 $10.00
4:55 PM $11.50 $11.20 $8.55
Table 3: 15 Express Lane Southbound Segment 4 Time-of-day vs. Dynamic Pricing
As can be seen from Table 3 above, the 4:00 PM hour under time-of-day pricing was set to
manage the highest volume within the hour. With dynamic pricing the algorithm adjusted to the
actual density of traffic in the segment. In July 2022, the Commission completed construction of
an additional auxiliary lane on southbound I-15 between Cajalco Road and Weirick Road, which
improved traffic conditions on both the general-purpose lanes of Interstate 15 and the 15 Express
Lanes. The dynamic pricing algorithm immediately adjusted pricing to reflect the actual density.
While toll revenue was reduced by the use of dynamic pricing both at the conversion from time-
of-day tolling and upon the improvement with the new auxiliary lane, customers immediately
benefited from lower tolls based on actual conditions rather than historical volume data.
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Agenda Item 6
In order to dynamically price the 91 Express Lanes, the following work will need to be performed:
• Installation of 7 poles with power, communication and 10 traffic detection devices;
• Integration of the data from the traffic detection devices into the toll system pricing
algorithm;
• Change to the Kapsch maintenance contract to add maintenance for the traffic detection
devices; and
• Upgrade of the westbound McKinley price sign.
The installation of the poles will require a competitive procurement which will be brought to the
Commission in the Spring of 2023. The estimated costs of this effort is $1,100,000. The remaining
work is estimated to cost $1,500,000 and can be performed as a change order to the Kapsch
Contract. The approval of this resolution will allow staff to commence the work needed to
implement dynamic pricing on the 91 Express Lanes.
Staff recommends that the 91 Express Lanes begin using dynamic pricing as its method of pricing
upon the opening of the 15/91 Express Connector, which is expected in late 2023. As with the
15 Express Lanes, it will take some time for the algorithm to be adjusted and during that time
prices will be set manually using density data from the algorithm.
As mentioned in the background section of this report, OCTA uses time-of-day pricing for the
Orange County section of the 91 Express Lanes. OCTA will continue to use time-of-day pricing if
the Commission changes to dynamic pricing. Today the prices for the OCTA segment and the
RCTC segment are set using unique toll policies and displayed separately on the on-road price
signs. The OCTA and RCTC tolls are posted as separate transactions to the customer’s accounts
and statements. The 91expresslanes.com has a page where each agency provides its toll policy
and toll schedule. Staff has discussed the change to dynamic pricing for the RCTC 91 Express Lanes
with OCTA and understands OCTA’s concern regarding potential customer confusion with two
different tolling methods. The Commission respects the partnership we have with OCTA, as joint
operators of the 91 Express Lanes, and value their input on this matter. Staff is committed to
performing customer education to mitigate any confusion this change may cause. Should the
change to dynamic pricing be adopted staff will carefully monitor the customer impact and work
to mitigate any customer confusion.
Customer outreach will be done in advance of the opening of the new 15/91 connector. The
Commission successfully performed customer outreach with the opening of the 15 Express Lanes
to address a change in the price which was posted on the on-road signs. The change to what was
posted on the sign resulted in no measurable impact to customer service. Staff is confident that
through a thorough outreach program concerns regarding customer confusion will be mitigated.
Staff recommends that, effective as of the date the 15/91 Express Lanes Connector opens to the
traveling public, the proposed RCTC 91 Express Lanes Toll Policy and Toll Schedule attached to
this staff report is intended to replace, in its entirety, and superseded the current toll policy. The
attached toll policy and toll schedule sets forth the principles and parameters for dynamic pricing,
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Agenda Item 6
the minimum toll rate table, and discounts offered is attached to this report as Attachment 1.
The principles and parameters included in the resolution are the same as those for the 15 Express
Lanes:
1. The 91 Express Lanes will use dynamic pricing to set toll rates to optimize vehicle
throughput at free flow speeds, while maintaining debt obligation, consistent with the
91 Express Lanes toll policy adopted by the Commission at its October 10, 2018 meeting.
2. A pricing algorithm which considers traffic volume, density, travel speed, travel time, flow
of traffic, and historical traffic patterns will be used to determine the toll rate.
3. The pricing algorithm will establish a toll rate for each 91 Express Lanes Trip.
4. The toll rate will change as frequently as needed to maintain desired traffic conditions,
but not more frequently than every three minutes; and
5. The toll rate could change in increments up to $3.00 per trip.
The new toll policy and tolls schedule includes the minimum toll rate for each trip. Table 4 below
includes the minimum toll rate for each trip in fiscal year 2023 dollars. The minimum toll rates
will be adjusted by the inflation factor, if needed, on July 1, 2023, before they are implemented.
Westbound Eastbound
McKinley St. To County
Line $1.75
County Line to McKinley
St. $1.95
No. I-15 Magnolia to
County Line $2.00
County Line to So. I-15
at Magnolia $2.20
So. 15 Express Lane at 2nd
Street to County Line $2.80
County Line to No. 15
Express Lane at Second
Street $2.85
Table 4: 91 Express Lane minimum toll rate for each trip
The attached RCTC 91 Express Lanes Toll Policy and Toll Schedule includes changes to the
discount offered to disabled veterans and veterans with other registered service plates. Assembly
Bill 2949 provides for free tolls for veterans with certain plates issued by the Department of
Motor Vehicles on all toll facilities except for HOT Lanes. It is not clear under current law that the
91 Express Lanes is considered a HOT Lane, therefore RCTC intends to provide for free tolls in
accordance with Assembly Bill 2949. The 91 Express Lanes currently offers free travel to 91
Express Lanes account holders with disabled plates except for Monday through Friday from 4:00
to 6:00 PM in the eastbound direction when they receive a 50% discount. In response to Assembly
Bill 2949, additional service-related plates will receive free travel; free tolls will be provided for
qualifying plates at all times of the day and days of the week; and veterans who have an account
with a toll agency other than the 91 Express Lanes will also receive free travel. The discount policy
changes are intended to take effect as of January 1, 2023.
8
Agenda Item 6
CONCLUSION:
The attached RCTC 91 Express Lanes Toll Policy and Toll Schedule implements the use of dynamic
pricing for the 91 Express Lanes to allow for an improved method of adjusting tolls after the
opening of the 15/91 Express Connector. It also includes the issuance of a 100 percent discount
during all hours of travel to vehicles registered to veterans with a disabled plate or other veteran
related plate included in Assembly Bill 2949 who have registered their vehicle as such and
received a transponder from the 91 Express Lanes or any of our interoperable agencies.
In order to meet the toll policy goals of optimizing throughput at free flow speeds and balancing
capacity and demand to serve customers and to comply with Assembly Bill 2949, amendments
to the toll policy are required. The new RCTC 91 Express Lanes Toll Policy and Toll Schedule
provides for the ability to address the RCTC 91 Express Lanes operational constraints and
corresponding toll setting needs. Therefore, staff recommends approval of Resolution 22-022,
“Resolution of the Riverside County Transportation Commission Adopting the RCTC 91 Express
Lane Toll Policy and Toll Schedule”, which shall replace and supersede the Amended and Restated
RCTC 91 Express Lanes Toll Policy as of the opening of the 15/91 Connector to the traveling public,
except that the discount policy shall take effect January 1, 2023.
FISCAL IMPACT:
This item does not have any direct financial impact.
Attachments:
1) Resolution 20-022 “Resolution of the Riverside County Transportation Commission
Adopting the RCTC 91 Express Lane Toll Policy and Toll Schedule”
2) RCTC 91 Express Lanes Toll Policy and Toll Schedule
Approved by the Toll Policy and Operations Committee on November 29, 2022
In Favor: 5 Abstain: 0 No: 0
9
RESOLUTION NO. 22-022
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ADOPTING
THE RCTC 91 EXPRESS LANES
TOLL POLICY AND TOLL SCHEDULE
WHEREAS, the Riverside County Transportation Commission (the “Commission”)
has been, in accordance with its legislative and regulatory authority, operating two tolled
Express Lanes in Riverside County located between the Orange County Line and Interstate
15 (“RCTC 91 Express Lanes”);
WHEREAS, the Commission adopted its original RCTC 91 Express Lanes Toll Policy
on June 7, 2012 (“Original Policy”);
WHEREAS, the Commission adopted an Amended and Restated RCTC 91 Express
Lanes Toll Policy on October 10, 2018 (“Amended Policy”);
WHEREAS, the Commission retains the authority to add, delete, or otherwise
modify its policies and procedures;
WHEREAS, the Commission is constructing a new connection from the eastbound
91 Express Lanes to the northbound 15 Express Lanes and from the southbound 15
Express Lanes to the westbound 91 Express Lanes (“15/91 Express Lanes Connector”);
WHEREAS, the Commission desires, as of the date the 15/91 Express Lanes
Connector opens for use by the traveling public, to replace and supersede, in its entirety,
the Amended Policy with the RCTC 91 Express Lanes Toll Policy and Toll Schedule attached
to this Resolution as Exhibit A and incorporated herein by reference;
WHEREAS, the Commission desires that the changes to the discount policy
included in RCTC 91 Express Lanes Toll Policy and Toll Schedule take effect as of January
1, 2023, earlier than the remainder of the new toll policy and toll schedule.
WHEREAS, the intent of the attached RCTC 91 Express Lanes Toll Policy and Toll
Schedule is to address higher than expected traffic demand, traffic management in the
single-lane portions of the facility, realized express lane capacity, annual toll rate inflation
ATTACHMENT 1
10
adjustments, changes to the toll discount policy, and to implement Dynamic Pricing as
defined in attached Exhibit A;
WHEREAS, the Commission provided notice of a public hearing, to be held January
11, 2023, regarding adoption of this Resolution in a newspaper of general circulation in
accordance with Government Code section 6062a.
NOW, THEREFORE, be it resolved by the Riverside County Transportation
Commission as follows:
Section 1. The Riverside County Transportation Commission hereby adopts the RCTC
91 Express Lanes Toll Policy and Toll Schedule attached as Exhibit A which,
as of the date the 15/91 Express Lanes Connector opens for use by the
traveling public, shall take effect and shall replace and supersede, in its
entirety, the Amended Policy. The details of the RCTC 91 Express Lanes
Toll Policy and Toll Schedule have been approved by the Commission,
following a public hearing, during its actions on January 11, 2023 and shall
be communicated to the financial community, toll facility users, and the
general public.
Section 2. Notwithstanding Section 1 above, the portion of the attached RCTC 91
Express Lanes Toll Policy and Toll Schedule titled “Discounts” shall take
effect on January 1, 2023 and, as of said date, shall amend and replace the
provisions of the Amended Policy related to discounts.
APPROVED AND ADOPTED this January 11, 2023.
[Signatures on following page]
11
SIGNATURE PAGE
TO
RESOLUTION NO. 22-022
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ADOPTING
THE RCTC 91 EXPRESS LANES
TOLL POLICY AND TOLL SCHEDULE
_____________________________________
Robert E. Magee, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley
Clerk of the Board
12
EXHIBIT A
RCTC 91 EXPRESS LANES TOLL POLICY AND TOLL SCHEDULE
[attached behind this page]
13
RCTC 91 Express Lanes Toll Policy and Toll Schedule
Goals
The goals of the RCTC 91 Express Lanes Toll Policy and Toll Schedule are to:
•Provide a safe, reliable, and predictable commute for 91 Express Lanes customers;
•Optimize vehicle throughput at free flow speeds;
•Pay debt service and maintain debt service coverage;
•Increase average vehicle occupancy;
•Balance capacity and demand to serve customers who pay tolls as well as carpoolers
with three or more persons who are offered discounted tolls;
•Generate sufficient revenue to sustain the financial viability of the RCTC 91
Express Lanes;
•Ensure all covenants in the Financing Documents are met; and
•Provide net revenues for State Route 91 corridor improvements.
Definitions
Abnormal Traffic – when traffic volumes vary from those of a prior period due to a holiday,
incident, construction, or other atypical occurrence.
Dynamic Pricing – The setting of a toll in real-time based on level of traffic congestion and other
factors.
Emergency – A national, state, or local declared state of emergency or other emergency
situation that impacts toll operations.
Inflation Factor – The U.S. Bureau of Labor Statistics Consumer Price Index adjuster for the
region from January to December of the previous calendar year that will be applied annually to
the Minimum Toll Rate.
Minimum Toll Rate – The lowest toll per trip that the Pricing Algorithm can assign.
Pricing Algorithm – The methodology by which tolls are set that aims to manage demand for
the express lanes by adjusting tolls using real-time and historic traffic data.
Trip – A unique combination of entry and exit points on the 91 Express Lanes.
EXHIBIT A
14
Trip Minimum Toll Rate – Established by multiplying the Minimum Toll Rate per mile by the
number of miles for each trip and rounded up to the nearest $.05.
Dynamic Pricing Principles and Parameters
1. The 91 Express Lanes will use Dynamic Pricing to set toll rates to optimize vehicle
throughput at free flow speeds consistent with the goals in this RCTC 91 Express Lanes Toll
Policy and Toll Schedule.
2. A Pricing Algorithm which considers traffic volume, density, travel speed, travel time, flow
of traffic, and historical traffic patterns will be used to determine the toll rate.
3. The Pricing Algorithm will establish a toll rate for each 91 Express Lanes Trip.
4. The toll rate will change as frequently as needed to maintain desired traffic conditions, but
not more frequently than every three minutes; and
5. The toll rate could change in increments up to $3.00 per Trip.
Minimum Toll Rates
Minimum Toll Rates were initially established based on the rate assumed in the traffic and
revenue study used to finance the 91 Express Lanes Project. The Minimum Toll Rates have been
adjusted by the inflation factor each year on July 1. The Minimum Toll Rates will be adjusted
annually, effective each July 1, by the Inflation Factor and rounded to the nearest 5 cents. The
Minimum Toll Rates in Figure 1 will be adjusted by the Inflation Factor on July 1, 2023. When a
toll rate is in effect it shall never be less than the Minimum Toll Rate.
Figure 1 Minimum Toll Rate Schedule (effective July 1, 2022)
Westbound
Eastbound
McKinley St. To County Line $1.75
County Line to McKinley St. $1.95
No. I-15 Magnolia to County
Line $2.00
County Line to So. I-15 at
Magnolia $2.20
So. 15 Express Lane at 2nd Street
to County Line $2.80
County Line to No. 15
Express Lane at Second
Street $2.85
Toll Rates
Toll rates will be determined in real-time based on the level of traffic congestion and other
factors consistent with Dynamic Pricing. There is no maximum toll rate. The goals of this RCTC
91 Express Lanes Toll Policy and Toll Schedule are to optimize person throughput in the corridor
while meeting debt obligations. This balances throughput and revenue thereby providing the
15
flexibility to better match lane supply with user demand. This flexibility in the maximum toll
rate also supports the creditworthiness of the 91 Express Lanes and ensures the Commission's
ability to meet its operating and debt obligations.
Displaying Toll Rates
1. Toll rates will be posted on overhead signs in advance of each 91 Express Lanes
entrance.
2. Each toll rate sign will include toll rates to the posted destination.
3. The customer will be charged the toll posted at the time they passed the toll rate sign.
4. Should the toll rate sign not be able to display tolls for any reason then the historical
rate for the same time period will be posted.
Abnormal Traffic Conditions or Emergencies and Suspension of Tolling
A temporary toll schedule may be implemented, which may include the suspension of tolling,
during Abnormal Traffic or Emergencies.
Discounts
The following vehicles, which have a valid FasTrak account, will travel for free in the 91 Express
Lanes except for Monday through Fridays between 4:00 p.m. and 6:00 p.m. in the eastbound
direction when they will pay 50% of the toll:
1) Vehicles with three or more persons (HOV3+) when using the dedicated 3+ lane;
2) Zero emission vehicles (ZEVs) that are registered to a 91 Express Lanes account and have
provided a valid certification from the Department of Motor Vehicles;
3) Vehicles with disabled plates that are registered to a 91 Express Lanes account and have
provided the Department of Motor Vehicles registration indicating that the vehicle is
registered with a disabled plate
Notwithstanding (3) above, vehicles registered to a disabled veteran or other veteran statuses
as included in Assembly Bill 2949, who have provided proof of such by submitting their
Department of Motor Vehicles registration to the agency that holds their FasTrak account, will
travel for free in the 91 Express Lanes. The list of qualifying veteran statuses includes the
following:
• Disabled veteran
• Pearl Harbor survivor
• Former Prisoner of War
• Congressional Medal of Honor
• Purple Heart Recipient
• Army Medal of Honor, Navy Medal of Honor, Air Force Medal of Honor, Army
Distinguished Service Cross, Navy Cross, or Air Force Cross
16
Financing Requirements
RCTC shall charge and collect tolls that generate enough revenue to maintain the debt service
coverage r atios as required in the financing documents and to operate and maintain the
RCTC 91 Express Lanes in a safe condition in accordance with all applicable laws and
regulations.
17
91 EXPRESS LANES TOLL RATE POLICY
Commission Meeting
January 11, 2023
Jennifer Crosson, Toll Operations Director
1
2
•Toll rate for every hour of every day
for four single-lane movements
maintained (672 toll rates)
•Published to a toll schedule at the
91expresslanes.com
•Posted to the on-road price sign
•Programmed into the toll system
which assigns a price to each trip
Time of Day Toll Rates
1 43
2
3
•Volume per hour per day over 12 weeks, for each of the four
single-lane movements
•Non-super peak periods: toll rate is assigned to each hourly
volume
•Super peak periods: if volume exceeds 1,200 vph (EB) or 1,250
vph (WB) 6 times in 12 weeks the toll is increased by a fixed
amount according to the toll policy
•Manual visual observations of pinch points needed to address
queuing
Current 91 Toll Rate Policy
4
•Adds two more prices (1,008 toll rates)
•Creates a more complex traffic operation at
the easterly decision-making point with
three options
•Creates a more complex traffic operation
and the westerly entrance where the three
movements join
•Increases demand along the two-lane main
lane 91 Express Lanes
•Mixes time of day pricing and dynamic
pricing for the customers using the North
Express Connector
Impact 15/91 Express Connector
1 43
2
5
6
Traffic Detectors
5
West
Merge
Point
East
Diverge
Point
1 32
4
56
Mainline
Time of Day Vs. Dynamic
6
Time-of-day
•Historical
•Volumes
•Single Data Points
•Hourly Toll
Dynamic
•Real-time
•Density
•Multiple Data
Points
•Every Three
Minutes
15 Express Lane Toll Rate Excerpt (Segment
Southbound)
7
Time Time-of-Day Dynamically Priced
Dynamically Priced Post 15
ICOP
4:00 PM $12.00
$11.20 $8.55
4:05 PM $12.00 $10.40 $8.55
4:10 PM $12.00 $12.00 $7.75
4:15 PM $12.00 $12.00 $9.35
4:20 PM $12.00 $10.80 $10.95
4:25 PM $12.00
$10.80 $11.75
4:30 PM $12.00 $12.00 $12.00
4:35 PM $12.00 $10.80 $12.00
4:40 PM $12.00 $10.40 $11.20
4:45 PM $11.50 $9.60 $10.40
4:50 PM $11.50
$8.80 $10.00
4:55 PM $11.50 $11.20 $8.55
Dynamic Pricing Benefits
8
•Corresponds to real-time conditions
•Based on density
•Allows for management of traffic along the entire 10 miles
•Coordinates toll rates on 91 and 15 for customers using
15/91 connector
•Removes manual staff effort and judgement
OCTA vs. RCTC Toll Policies
9
•Price sign for Orange County and Riverside County
Separated
•Riverside County 91 Express Lanes to display toll to the 15
Express Lanes
•Customer education campaign
•Continued monitoring
Policy Elements
10
Parameters
1.Optimize vehicle throughput at free
flow speeds;
2.Consider traffic volume, density,
travel speed, travel time, flow of
traffic, and historical traffic
patterns;
3.Establish a toll rate for each 91
Express Lanes Trip;
4.Change no more frequently than
every three minutes; and
5.Change in increments up to $3.00.
Westbound
McKinley to County Line $1.75
No. I-15 Magnolia to County Line $2.00
So. 15 Express Lane at 2nd Street to County Line $2.80
Eastbound
County Line to McKinley $1.95
County Line to So I-15 at Magnolia $2.20
County Line to No. 15 Express Lane at Second
St.
$2.85
Minimum Toll Rate Schedule
Dynamic Pricing Implementation
11
•Adopt a new toll policy for the 91 that allows for dynamic
pricing with time-of-day pricing as a back up
•Install poles and traffic detection sensors along the 91
Express Lanes to provide traffic density information at
multiple points (estimated cost $1.1M)
•Add the 91 into the existing dynamic pricing algorithm
($1.5 M)
•Educate customers with the 15/91 Connector campaign
Disabled Veteran Discount
12
•Assembly Bill 2949 provides free tolls to qualified veterans
as of January 1, 2023
•This resolution expands the discount from 91 Express
Lanes account holders to all disabled veterans with a
FasTrak account and to all times of the day.
Summary
13
1)Conduct a public hearing to receive input on the proposed RCTC 91 Express Lanes Toll
Policy and Toll Schedule;and
2)Adopt Resolution 22-022,“Resolution of the Riverside County Transportation Commission
Adopting the RCTC 91 Express Lane Toll Policy and Toll Schedule”,to take effect as of the date
the 15/91 Connector opens to the traveling public,with the discount portion of the policy
to take effect as of January 1,2023.
THANK YOU
QUESTIONS
14
AGENDA ITEM 7A
Agenda Item 7A
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Administrative Services Director/Clerk of the Board
THROUGH: Anne Mayer, Executive Director
SUBJECT: AB 361 Determination
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Reaffirm the findings in Resolution No. 22-007, “A Resolution of the Board of
Commissioners of the Riverside County Transportation Commission Authorizing Virtual
Board and Committee Meetings Pursuant to AB 361.” The findings are as follows:
a. The Governor proclaimed a State of Emergency on March 4, 2020, related to the
COVID-19 pandemic, which continues to exist today; and
b. State or local officials have recommended measures to promote social distancing.
BACKGROUND INFORMATION:
Since the onset of the COVID-19 in early 2020, California government agencies have been able to
continue to discharge their legal responsibilities through the use of virtual teleconferencing
platforms such as Zoom to hold public meetings that enabled agencies to meet and conduct
business, comply with social distancing orders and most importantly, provide access to the
public. In many cases, virtual meetings have actually enhanced public participation, particularly
in larger counties including Riverside County where traveling to a public meeting can be
inconvenient or require traveling a long distance. Both the RCA and RCTC have been meeting on
Zoom since March of 2020, when many Executive Orders were issued by Governor Newsom in
response to the pandemic. One such order altered Brown Act requirements to allow for virtual
meetings.
Although transmission, hospitalization and death rates from COVID-19 have sharply declined
since the original onset of the pandemic and subsequent Delta Variant surge, an air or uncertainty
remains regarding the pandemic and many counties continue to recommend masking inside and
social distancing. Given that environment and a desire to continue allowing for the flexibility of
holding virtual meetings, the Legislature recently approved, and Governor Newsom signed,
Assembly Bill 361 to temporarily allow for virtual meeting under proscribed circumstances.
18
Agenda Item 7A
AB 361
Effective immediately, AB 361 amends the Brown Act to allow local legislative bodies to continue
using teleconferencing and virtual meeting technology in certain circumstances. Under the Bill,
legislative bodies can continue to meet remotely as long as there is a “proclaimed state of
emergency” and the Commission can make either of the following findings: (a) state or local
officials have imposed or recommended measures to promote social distancing or (b) whether
as a result of the emergency, meeting in person would present imminent risks to the health or
safety of attendees.
The Governor proclaimed a State of Emergency on March 4, 2020 related to the COVID-19
pandemic, which State of Emergency continues to exist to this day. Further, both State and
Riverside County officials continue to recommend the social distancing.
AB 361 requires specific procedural safeguards for the public. To accommodate individuals
during these teleconferences and virtual meetings, a public comment period will be offered
where the public can address the legislative body directly in real time. Additionally, public
comments will be allowed up until the public comment period is closed at the meetings. The
agenda will include information on the manner in which the public may access the meeting and
provide comments remotely. If technical problems arise that result in the public’s access being
disrupted, the legislative body will not take any vote or other official action until the technical
disruption is corrected and public access is restored.
The attached Resolution allows the Board to implement AB 361 by making the findings discussed
above. This findings will be in effect for 30 days or until the Board makes findings that the
conditions listed therein long longer exist, whichever is shorter. The findings can be extended by
the Board upon a finding that conditions supporting the findings included in the Resolution still
exist. The authorization to meet remotely will apply to any Committees that meet during the 30-
day effective period.
AB 361 will allow for virtual meetings during other state-proclaim emergencies, such as
earthquakes or wildfires, where physical attendance may present a risk. AB 361 is scheduled to
sunset January 1, 2024.
STAFF RECOMMENDATION:
Reafirm the findings in Resolution No. 22-007, “A Resolution of the Board of Commissioners of
the Riverside County Transportation Commission Authorizing Virtual Board and Committee
Meetings Pursuant to AB 361”.
Attachment: Resolution No. 22-007
19
RESOLUTION NO. 22-007
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION AUTHORIZING VIRTUAL BOARD AND
COMMITTEE MEETINGS PURSUANT TO AB 361
WHEREAS, the Riverside County Transportation Commission (“Commission”) is
committed to preserving and nurturing public access and participation in meetings of the Board
of Commissioners, Executive Committee, Budget and Implementation Committee, Western
Riverside County Programs and Projects Committee, Toll Policy and Operations Committee,
Citizens and Specialized Transit Advisory Committee, and Technical Advisory Committee; and
WHEREAS, all meetings of the Commission’s legislative bodies, including its Board of
Commissioners, Executive Committee, Budget and Implementation Committee, Western
Riverside County Programs and Projects Committee, Toll Policy and Operations Committee,
Citizens and Specialized Transit Advisory Committee, and Technical Advisory Committee are open
and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any
member of the public may attend and participate in the Commission’s meetings; and
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of
California, the Governor issued a number of executive orders aimed at containing the COVID-19
virus; and
WHEREAS, among other things, these orders waived certain requirements of the Brown
Act to allow legislative bodies to meet virtually; and
WHEREAS, pursuant to the Governor’s executive orders, the Commission has been
holding virtual meetings during the pandemic in the interest of protecting the health and safety
of the public, Commission staff and Commissioners; and
WHEREAS, the Governor’s executive order related to the suspension of certain provisions
of the Brown Act expired on September 30, 2021; and
WHEREAS, on September 16, 2021 the Governor signed AB 361 (in effect as of October 1,
2021 – Government Code Section 54953(e)), which allows legislative bodies to meet virtually
provided there is a state of emergency, and either (1) state or local officials have imposed or
recommended measures to promote social distancing; or (2) the legislative body determines by
majority vote that meeting in person would present imminent risks to the health and safety of
attendees; and
WHEREAS, such conditions now exist in the Commission, specifically, a state of
emergency has been proclaimed related to COVID-19 and state or local officials are
recommending measures to promote social distancing,
20
NOW, THEREFORE, BE IT RESOLVED THAT THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. Findings. Consistent with the provisions of Government Code Section
54953(e), the Board of Commissioners finds and determines that (1) a state of emergency related
to COVID-19 is currently in effect and (2) state or local officials have recommended measures to
promote social distancing in connection with COVID-19.
Section 3. Remote Teleconference Meetings: Based on the findings and
determinations included herein, the Board of Commissioners authorizes and directs any of its
legislative bodies, including without limitation its Board of Commissioners, Executive Committee,
Budget and Implementation Committee, Western Riverside County Programs and Projects
Committee, Toll Policy and Operations Committee, Technical Advisory Committee, and Citizens
and Specialized Transit Advisory Committee to conduct remote teleconference meetings under
the provisions of Government Code Section 54953(e) and that such bodies shall provide public
access to their meetings as provided in Section 54953(e).
Section 4. Full and Fair Access: In making the findings included herein the board
specifically relies on Section 8(b) of Stats.2021, c.165 (A.B.361), § 3, eff. Sept. 16, 2021.) which
provides as follows:
(b) The Legislature finds and declares that [the changes made by AB 361 to]
Section 54953 of the Government Code, all increase and potentially limit the public’s right
of access to the meetings of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a
primary physical location with a quorum of members present, this act protects the
health and safety of civil servants and the public and does not preference the
experience of members of the public who might be able to attend a meeting in a
physical location over members of the public who cannot travel or attend that
meeting in a physical location.
(2) By removing the requirement for agendas to be placed at the location
of each public official participating in a public meeting remotely, including from
the member’s private home or hotel room, this act protects the personal, private
information of public officials and their families while preserving the public’s right
to access information concerning the conduct of the people’s business.
21
Section 5. Effective Date of Resolution. This Resolution shall take effect upon
adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Board
of Commissioners in accordance with Section 5 of this Resolution.
Section 6. Extension by Motion. The Board of Commissioners may extend the
application of this Resolution by motion and majority vote by up to 30 days at a time, provided
that it makes all necessary findings consistent with and pursuant to the requirements of Section
54953(e)(3). Any such extension may be made before or after the expiration of the preceding
30 day period.
PASSED AND ADOPTED by the Board of Commissioners of the Riverside County Transportation
Commission this 9th day of March 2022, by the following vote:
APPROVED AND ADOPTED this 9th day of March, 2022.
_____________________________________
V. Manuel Perez, Chair
Riverside County Transportation Commission
ATTEST:
_________________________________
Lisa Mobley, Clerk of the Board
Riverside County Transportation Commission
22
AGENDA ITEM 7B
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEETING MINUTES
Wednesday, December 14, 2022
1. CALL TO ORDER
The Riverside County Transportation Commission was called to order by
Vice Chair V. Bob Magee at 9:38 a.m. in the Board Room at the County of Riverside
Administrative Center, 4080 Lemon Street, First Floor, Riverside, California, 92501 and via
Zoom: Meeting ID: 820 0824 0042, Passcode: 20220413. This meeting was conducted
in-person as well as virtually in accordance with AB 361 due to state or local officials
recommending measures to promote social distancing.
2. ROLL CALL
Commissioners/Alternates Present Commissioners Absent
Ben J. Benoit Lisa Middleton Lisa DeForest
Brian Berkson Linda Molina Maryann Edwards
Chuck Conder Dana Reed* Yxstian Gutierrez
Joseph DeConinck Jeremy Smith Michael Heath
Waymond Fermon Wes Speake Steven Hernandez
Kathleen Fitzpatrick Karen Spiegel V. Manuel Perez
Raymond Gregory Michael M. Vargas* To be Appointed, City of Banning
Jan Harnik Chuck Washington
Kurt Heidelberg* Ted Weill*
Jeff Hewitt Lloyd White
Ted Hoffman Bill Zimmerman
Kevin Jeffries
Linda Krupa
Clint Lorimore
Bob Magee
Scott Matas*
Participated via Zoom*
3. PLEDGE OF ALLEGIANCE
Second Vice Chair Lloyd White led the Commission in a flag salute.
4. PUBLIC COMMENTS
There were no requests to speak from the public.
23
Riverside County Transportation Commission Meeting Minutes
December 14, 2022
Page 2
5. ADDITIONS / REVISIONS
There were no additions or revisions to the agenda.
6. CONSENT CALENDAR
M/S/C (Gregory/Lorimore) to approve the following Consent Calendar items.
Commissioner Kevin Jeffries verified with Lisa Mobley, Administrative Services
Director/Clerk of the Board, regarding Agenda Item 6C, “Proposed 2023
Commission/Committee Meeting Schedule”, if the schedule was amended as to the
location of the meeting.
Lisa Mobley explained staff did note that the May 2023 Commission meeting will be in
the Coachella Valley as the location and had the Executive Committee as being held in
Riverside, which would be impossible. There was an asterisk on the schedule that said
the time and location to be determined, but she stated the change for the May 2023
Executive Committee location will be made.
6A. AB 361 DETERMINATION
Reaffirm the findings in Resolution No. 22-007, “A Resolution of the Board of
Commissioners of the Riverside County Transportation Commission Authorizing
Virtual Board and Committee Meetings Pursuant to AB 361.”
The findings are as follows:
a) The Governor proclaimed a State of Emergency on March 4, 2020, related
to the COVID-19 pandemic, which continues to exist today; and
b) State or local officials have recommended measures to promote social
distancing.
6B. APPROVAL OF MINUTES – NOVEMBER 9, 2022
6C. PROPOSED 2023 COMMISSION/COMMITTEE MEETING SCHEDULE
1) Adopt its 2023 Commission/Committee Meeting Schedule.
6D. PROPOSED ADMINISTRATIVE CODE CHANGES
1) Adopt Ordinance No. 22-001, “An Ordinance Amendment the Riverside
County Transportation Commission Administrative Code”.
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Page 3
6E. FISCAL YEAR 2021/22 COMMISSION AUDIT RESULTS
1) Receive and file the Fiscal Year 2021/22:
a) Annual Comprehensive Financial Report (ACFR);
b) Local Transportation Fund (LTF) Financial and Compliance Report;
c) State Transit Assistance (STA) Fund Financial and Compliance
Report;
d) State of Good Repair (SGR) Fund Financial and Compliance Report;
e) Proposition 1B Rehabilitation and Security Project (Proposition 1B)
Accounts Financial and Compliance Reports;
f) Low Carbon Transit Operations Program (LCTOP) Account Financial
and Compliance Reports;
g) Single Audit Report;
h) RCTC 91 Express Lanes Fund Financial Report;
i) 15 Express Lanes Fund Financial Report;
j) Auditor Required Communications Report;
k) Agreed-Upon Procedures Report related to the Appropriations
Limit Calculation;
l) Agreed-Upon Procedures Report related to the Commuter
Assistance Program (CAP) incentives; and
m) Management certifications.
6F. QUARTERLY FINANCIAL STATEMENTS
1) Receive and file the Quarterly Financial Statements for the three months
ended September 30, 2022.
6G. QUARTERLY INVESTMENT REPORT
1) Receive and file the Quarterly Investment Report for the quarter ended
September 30, 2022.
6H. FEDERAL TRANSIT ADMINISTRATION TRIENNIAL REVIEW FISCAL YEAR 2022
RESULTS
1) Receive and file a report on the Fiscal Year 2022 Triennial Review of the
Commission performed by the Federal Transit Administration (FTA).
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6I. FISCAL YEARS 2019-2021 TRANSPORTATION DEVELOPMENT ACT TRIENNIAL
PERFORMANCE AUDIT RESULTS FOR THE COMMISSION AND RIVERSIDE COUNTY
TRANSIT OPERATORS
1) Receive and file the Fiscal Years 2018/2019 through FY 2020/2021
Transportation Development Act (TDA) triennial performance audit results
for the Commission; and
2) Receive and file the FYs 2018/2019 through FY 2020/2021 TDA triennial
performance audit results for the cities of Banning, Beaumont, Corona,
and Riverside; Palo Verde Valley Transit Agency (PVVTA); Riverside Transit
Agency (RTA); and SunLine Transit Agency (SunLine).
6J. QUARTERLY PUBLIC ENGAGEMENT METRICS REPORT, JULY-SEPTEMBER 2022
1) Receive and file the Quarterly Public Engagement Metrics Report for
July-September 2022.
6K. AMEND THE INTERSTATE 15 EXPRESS LANES PROJECT TOLL SERVICES CONTRACT
WITH KAPSCH TRAFFICCOM USA INC. TO EXTEND THE TERM OF THE CONTRACT
1) Approve Agreement No. 16-31-043-03, Amendment No. 03 to Agreement
No. 16-31-043-00, with Kapsch TrafficCom USA Inc. (Kapsch) for the Toll
Services Contract for 15 Express Lanes Project to extend the contract term
by five years, in the amount of $42,219,382, plus a contingency amount of
$4,222,000, for a total amount not to exceed $46,441,382;
2) Authorize the payment of passthrough items in an amount not to exceed
$3 million; and
3) Authorize the Chair or Executive Director, pursuant to legal counsel review,
to execute the Amendment on behalf of the Commission.
6L. AGREEMENTS FOR ON-CALL ENVIRONMENTAL CONSULTING SERVICES
1) Award the following agreements to provide on-call environmental
consulting services for a three-year term, and one, two-year option to
extend the agreements, in an amount not to exceed an aggregate value of
$3,000,000;
a) Agreement No. 22-31-092-00 to GPA Consulting;
b) Agreement No. 22-31-103-00 to HNTB Corporation;
c) Agreement No. 22-31-104-00 to ICF Jones & Stokes, Inc.; and
d) Agreement No. 22-31-105-00 to Stantec Consulting Services, Inc.;
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) Authorize the Executive Director, or designee, to execute task orders
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Riverside County Transportation Commission Meeting Minutes
December 14, 2022
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awarded to the consultants under the terms of the agreements.
6M. QUARTERLY REPORTING OF CONTRACT CHANGE ORDERS FOR CONSTRUCTION
CONTRACTS
1) Receive and file the Quarterly Report of Contract Change Orders for
Construction Contracts for the three months ended September 30, 2022.
7. ANNUAL INVESTMENT POLICY
Sergio Vidal, Chief Financial Officer, presented the annual Investment Policy, highlighting
the following:
• Primary objectives
o Safety of Principal
o Sufficient Liquidity
o Maximize return on Investments
• Background
o Reviewed relevant government code sections related to Investments
o Received feedback from securities professionals who manage Commission
Funds
o Consulted with legal counsel
• Proposed changes to the policy
o Administrative changes
In accordance with the government code section
Expansion of third parties who are subject to due diligence
provisions
Minor language updates
o Reporting
Provide a monthly staff report to the Commission
• Next steps
M/S/C (Zimmerman/Speake) to
1) Approve the revised annual Investment Policy; and
2) Adopt Resolution No. 22-020, “Resolution of the Riverside County
Transportation Commission Regarding the Revised Investment Policy”.
8. 2023 STATE AND FEDERAL LEGISLATIVE PLATFORM AND LEGISLATIVE UPDATE
David Knudsen, External Affairs Director, presented an update for the state and federal
legislative activities.
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Page 6
Commissioner Jan Harnik expressed appreciation for the great work and for the revisions
to the platform as they cause so many of the things the Commission has been trying to
address to become more inclusive of more issues. She also expressed appreciation that
there is more emphasis on CV Rail. Commissioner Harnik noted telework is also included
in the platform and encouraging that so there is a more positive impact on congestion
and the environment, but it is tele everything now i.e., tele-medicine and tele-education.
She suggested if it would be to the Commission’s advantage to change it then they should
look at that, otherwise this is a great document.
Commissioner Wes Speake expressed appreciation for the report and stated it is going to
be another year of assault on transportation. Commissioner Speake explained he has
urged all the cities here as the city of Corona (Corona) before focused on their Federal
Legislation and Corona has gone from investing very heavily in having a state lobbyist and
including where Corona is trying to sponsor legislation this year about working with the
Commission and their colleagues to continue to engage the Commissioners and allow
them to advocate for legislative changes to keep their core mission in place.
M/S/C (White/Benoit) to:
1) Adopt the Commission’s 2023 State and Federal Legislative Platform; and
2) Receive and file a state and federal legislative update.
9. ELECTION OF RIVERSIDE COUNTY TRANSPORTATION COMMISSION OFFICERS
Vice Chair Magee opened the nominations for Chair, First Vice Chair, and Second Vice
Chair.
Lisa Mobley clarified that one officer needs to be a supervisor.
Commissioner Raymond Gregory, seconded by Commissioner Ben Benoit nominated Vice
Chair Bob Magee for Chair for 2023.
Commissioner Dana Reed requested to vote on the Chair, Vice Chair, and Second Vice
Chair for 2023 with one motion.
At this time, Vice Chair Magee clarified if Commissioner Reed would like to make that
substitute motion.
Commissioner Reed, seconded by Commissioner Jeffries nominated Vice Chair Bob
Magee as Chair, nominated Second Vice Chair Lloyd White as the First Vice Chair, and
nominated Commissioner Karen Spiegel as the Second Vice Chair for 2023. No other
nominations were received.
Vice Chair Magee closed the nominations. Bob Magee was elected as the Commission’s
Chair, Lloyd White as Vice Chair, and Karen Spiegel as Second Vice Chair for 2023.
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10. APPOINTMENT OF EXECUTIVE COMMITTEE MEMBERS
Vice Chair Magee stated that the various cities need to break off into separate groups and
caucus and asked what the plan was for the Commissioners that are on zoom.
Lisa Mobley replied if the Commissioners on zoom would like to weigh in they will be
doing it publicly.
Vice Chair Magee announced there are three groups, which is the large cities group, the
small cities group, and the desert communities get in their groups and caucus in the Board
Room.
Commissioner Speake announced the cities of Corona, Jurupa Valley, Menifee, Moreno
Valley, Murrieta, Riverside, and Temecula appointed Commissioner Brian Berkson and
Commissioner Wes Speake to continue as their representatives to the Executive
Committee.
Commissioner Ben Benoit announced the cities of Banning, Beaumont, Calimesa, Canyon
Lake, Eastvale, Hemet, Lake Elsinore, Norco, Perris, San Jacinto, and Wildomar appointed
Commissioner Linda Krupa as their representative to the Executive Committee.
Commissioner Raymond Gregory announced the cities of Blythe, Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs,
and Rancho Mirage appointed Commissioner Lisa Middleton to continue as their
representative to the Executive Committee.
1) The cities of Corona, Jurupa Valley, Menifee, Moreno Valley, Murrieta,
Riverside, and Temecula to appoint two representatives to the Executive
Committee;
2) The cities of Banning, Beaumont, Calimesa, Canyon Lake, Eastvale, Hemet, Lake
Elsinore, Norco, Perris, San Jacinto, and Wildomar to appoint one representative
to the Executive Committee; and
3) The cities of Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells,
Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage to appoint one
representative to the Executive Committee.
11. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION
There were no items pulled from the consent calendar.
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12. EXECUTIVE DIRECTOR’S REPORT
• Anne Mayer announced the Placentia Interchange in the city of Perris is now open
to the public although the city of Perris has some work to be done on Placentia
itself.
• On December 7-8 the California Transportation Commission (CTC) was here in the
Board Room having their December meeting. She thanked Vice Chair Magee for
welcoming the CTC to the region. In cooperation and collaboration with San
Bernardino County Transportation Authority (SBCTA) prepared a video to present
to the CTC Commissioners to provide some highlights of the region. A link of the
video will be sent to all the Commissioners. Prior to the CTC meeting Ray Wolfe,
SBCTA Executive Director, Aaron Hake, and she were tour guides for the CTC
staffers, the CTC Chair Lee Ann Eager, Caltrans Director Tony Tavares arranged by
CTC Commissioner Tavaglione went on a helicopter tour of the region. They
showed the 15/91 Express Lanes, the warehouse logistic challenges, the rail lines,
the progress with passenger rail, and the State Route 60 Truck Lanes Project and
was able to understand the magnitude of the goods movement challenges here
and issues related to affordable housing.
• Expressed appreciation to former Commissioner Maryann Edwards for her many
years of service with RCTC and with the Western Riverside County Regional
Conservation Authority (RCA) as well as many other regional bodies.
• Staff would like to acknowledge Commissioner Ben Benoit who has been a
member of the Commission for several years and the past Chair and she thanked
Commissioner Benoit for his years of service and all that he has done in his
leadership here.
13. COMMISSIONER COMMENTS
13A. Commissioner Joey DeConinck announced on December 5 the city of Blythe
(Blythe) found out the Chuckawalla Valley State Prison will be closing in March
2025. He is reaching out to everybody here for help with public direction because
on December 19 they are supposed to meet with their representatives. That
prison employs 852 people, there are currently 2,039 inmates, they may lose
1,000 riders in the transit program so they may have to layoff people, their school
district is going to have issues, their hospital is going to have issues because usually
there is an inmate or two there a day. Blythe is struggling all the time, but this is
going to put another vacant building in Blythe, and this is one of the newest
prisons out there. They could also lose the inmate labor with Caltrans.
13B. Anne Mayer announced that it is also Commissioner Jeff Hewitt’s last meeting.
Staff appreciation to Commissioner Hewitt and before he became a supervisor, he
came from the city of Calimesa, so he has long been the neighbor of the Pass folks.
She expressed appreciation for his support of the RCTC team for his input on many
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December 14, 2022
Page 9
of RCTC’s key issues and commended Commissioner Hewitt for everything he has
done.
13C. Commissioner Ted Hoffman expressed appreciation for Commissioner
DeConinck’s comments about the prison in Blythe. He announced the Hamner
Bridge now known as the Mayor Berwin Hanna Bridge the new lanes will be open
by January 2023 on that section, and they will start on the other side. He
expressed appreciation for all the work the Commission has done on that.
13D. Commissioner Benoit announced the first segment of Bundy Canyon Road is
almost completed which will add six lanes right off the freeway. There are two
more phases to be completed in the city of Wildomar and he encouraged the
Commission to continue to watch for the opportunity to support that especially
with the second phase as the city of Wildomar will be asking for quite a bit more
then it was anticipated. This is huge for this region as they look for other east west
connectors across the I-15 freeway. It is almost there the signal lights are up, all
the asphalt has been laid, it just has not been restriped and rezoned, but they are
getting close. He thanked RCTC for their contribution to that project.
14. CLOSED SESSION
14A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Agency Negotiator: Executive Director or Designee
Item Property Description Property
Owner
Buyer(s)
1
279-530-030
279-240-020
279-240-008
RCTC
Mad Atom, LLC
Shea Properties
Crystal Windows & Doors
There were no announcements from the Closed Session.
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15. ADJOURNMENT
There being no further business for consideration by the Riverside County Transportation
Commission, Vice Chair Magee adjourned the meeting at 10:27 a.m. The next
Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, January 11, 2023.
Respectfully submitted,
Lisa Mobley
Administrative Services Director /
Clerk of the Board
32
AGENDA ITEM 7C
Agenda Item 7C
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Cheryl Donahue, Public Affairs Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Amendments for On-Call Public Outreach and Marketing Services
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve the amendments to the on-call public outreach marketing services contract,
exercise a two-year option, and approve $500,000 additional cost authorization for a not
to exceed $1,500,000 contract authority to the following agreements:
a) Agreement No. 17-15-105-04, Amendment No. 3 to Arellano Associates;
b) Agreement No. 17-15-110-02, Amendment No. 2 to Celtis Ventures, Inc.;
c) Agreement No. 17-15-111-03, Amendment No. 3 to CityWorks People + Places,
Inc.;
d) Agreement No. 17-15-113-02, Amendment No. 2 to MBI Media; and
e) Agreement No. 17-15-114-02, Amendment No. 2 to Moore Iacofano Goltsman,
Inc. (MIG)
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements amendment on behalf of the Commission; and
3) Authorize the Executive Director, or designee, to execute task orders awarded to the
consultants under the terms of the agreements.
BACKGROUND INFORMATION:
At its November 8, 2017, meeting, the Commission approved three-year term agreements for
on-call public outreach services to six firms.
This on-call public outreach services contract helps staff keep the public informed of various
Commission projects and programs. Over the last five years, these services contributed to one of
the principles of RCTC’s 2016 Strategic Assessment: “Communicate More.”. Through this
contract, robust public outreach campaigns were executed for the Route 60 Truck Lanes Project,
the Riverside-Downtown Station Improvement Project, and the SB 1 Public Education Program.
In addition, the contract has allowed the Commission to market Metrolink rail service as a travel
alternative and support social media and digital communications.
33
Agenda Item 7C
As a result of these efforts, the Commission has experienced a rise in public engagement over
the past five years. With the changing nature of communications, funding constraints, and
increasing traffic congestion and mobility challenges in Riverside County, staff believes the
Commission must continue to be proactive in reaching its constituents. The designated firms, on
an on-call basis, will be available to assist the External Affairs Department to develop and execute
data-driven, two-way, bilingual (English and Spanish) public outreach and marketing services.
Current areas of focus for the Commission include capital projects, multimodal programs,
transportation funding needs, emission reductions, motorist assistance, habitat conservation,
and legislative initiatives. These efforts are designed to help the Commission maintain
transparency and deepen its engagement with the communities it serves countywide.
Moreover, the Commission must avail itself of the opportunity to listen and receive feedback
from its constituents so that its program, projects, and services are most responsive to the needs
of the public today and for the future. The overlap of initiatives regarding habitat conservation
also requires elevated public engagement.
In January 2021, the Commission exercised the first two-year contract extension option with no
additional funds. The need for additional budget authority was not necessary for staff to continue
to work on ongoing public outreach projects with the current contract authority amount.
As the Commission continues to expand its digital campaigns and in-person presence in a post-
pandemic environment, regular external communications to the public via social media and other
traditional outreach methods will be needed. The Commission will need to keep qualified
communication firms available for public outreach tasks beyond the available bandwidth of its
small in-house staff. This approach is consistent with the Commission’s adopted budget principle
of maintaining a lean organization that relies on consultants.
RECOMMENDATION:
Staff recommends approval of Amendment No. 3 with Arellano Associates, Amendment No. 2
with Celtis Ventures, Inc., Amendment No. 3 with City Works People + Places, Inc., Amendment
No. 2 with MBI Media, and Amendment No. 2 Moore lacofano Goltsman, Inc. to extend the term
of the agreements for an additional two years with an additional $500,000 cost authorization for
a not to exceed $1,500,000 contract authority.
The sixth firm, Agency ETA, was unresponsive in 2020 when the first two-year option was
exercised. Staff is recommending not to amend Agency ETA’s contract.
Additionally, staff recommends the Commission authorize the Chair or Executive Director to
execute the amendments on behalf of the Commission and authorize the Executive Director, or
designee, to execute purchase orders awarded to the contractors under the terms of the
agreements.
34
Agenda Item 7C
The award, on-call, indefinite delivery/indefinite quantity task order type contract does not
guarantee work to the awardees; therefore, no funds are guaranteed to the consultants. Services
will be provided through the Commission’s issuance of contract task orders to the consultant on
an as-needed basis.
The Commission’s model on-call professional services agreement will be entered into with the
consultant firm, pursuant to legal counsel review. Staff oversight of the contract and task orders
will maximize the effectiveness of the consultant and minimize costs to the Commission.
FISCAL IMPACT:
Funding for the contract amendments will be provided by Measure A and various local and state
funds derived from highway, rail, and conservation projects.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2022/23
FY 2023/24+ Amount: $250,000
$250,000
Source of Funds: Various Measure A and/or other local and
state funds Budget Adjustment: No
GL/Project Accounting No.: Various projects and programs
Fiscal Procedures Approved:
Date: 12/13/2022
Attachments:
1) Draft Agreement No. 17-15-105-04, Amendment No. 3 with Arellano Associates
2) Draft Agreement No. 17-15-110-02, Amendment No. 2 with Celtis Ventures, Inc.
3) Draft Agreement No. 17-15-111-03, Amendment No. 3 with CityWorks People + Places,
Inc.
4) Draft Agreement No. 17-15-113-02, Amendment No. 2 with MBI Media
5) Draft Agreement No. 17-15-114-02, Amendment No. 2 with Moore Iacofano Goltsman,
Inc.
35
Agreement No. 17-15-105-03
AMENDMENT NO. 3 TO
AGREEMENT FOR ON-CALL PUBLIC OUTREACH
AND MARKETING SERVICES
WITH ARELLANO ASSOCIATES
1.PARTIES AND DATE
This Amendment No. 3 to the Agreement for On-Call Public Outreach and
Marketing Services entered into as of _________, 2022, by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and
ARELLANO ASSOCIATES, a California limited liability company ("Consultant").
2.RECITALS
2.1 The Commission and Consultant have entered into an agreement dated
December 13, 2017, for the purpose of providing on-call public outreach
and marketing services (the "Master Agreement").
2.2 The Commission and Consultant have entered into Amendment No. 1 to
the Master Agreement, dated August 23, 2018, for the purpose of adding
key personnel in providing on-call public outreach and marketing services.
2.3 The Commission and Consultant have entered into Amendment No. 2 to
the Master Agreement, dated January 6, 2021, for the purpose of
extending the term for continued on-call public outreach and marketing
services.
2.4 The Commission and Consultant now desire to amend the Master
Agreement in order to extend the term and to provide additional
compensation for continued on-call public outreach and marketing
services.
3.TERMS
3.1 The term of the Master Agreement shall be amended to provide for an
additional term of two (2) years, ending on December 31, 2024.
3.2 The maximum compensation for Services performed pursuant to this
Amendment No. 4 shall be five Hundred Thousand Dollars ($500,000).
Work shall be performed at the rates set forth in Exhibit "C" of the Master
Agreement.
3.3 The total not-to-exceed amount of the Master Agreement, as amended by
this Amendment No. 3 shall be One Million Five Hundred Thousand Dollars
($1,500,000).
ATTACHMENT 1
36
3.4 Except as amended by this Amendment No. 3, all provisions of the Master
Agreement, as amended by Amendment Nos. 1 and 2, including without
limitation the indemnity and insurance provisions, shall remain in full
force and effect and shall govern the actions of the parties under this
Amendment No. 3.
3.5 This Amendment No. 3 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.6 This Amendment No. 3 may be signed in counterparts, each of which shall
constitute an original.
3.7 A manually signed copy of this Amendment No. 2 which is transmitted by
facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed
copy of this Amendment No. 2 for all purposes. This Amendment No. 2
may be signed using an electronic signature.
[Signatures on following page]
37
SIGNATURE PAGE
TO
AGREEMENT NO. 17-15-105-03
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
3 on the date first herein above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
ARELLANO ASSOCIATES
By: _____________________________ By: _________________________
Anne Mayer, Executive Director Signature
_________________________
Name
__________________________
Title
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: ________________________
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
the Commission.
3
17336.02103\33482505.1 38
Agreement No. 17-15-110-02
AMENDMENT NO. 2 TO
AGREEMENT FOR ON-CALL PUBLIC OUTREACH
AND MARKETING SERVICES
WITH CELTIS VENTURES, INC.
1.PARTIES AND DATE
This Amendment No. 2 to the Agreement for On-Call Public Outreach and
Marketing Services entered into as of ____________, 2022, by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and
CELTIS VENTURES, INC., a California corporation (“Consultant”).
2.RECITALS
2.1 The Commission and Consultant have entered into an agreement dated
December 28, 2017, for the purpose of providing on-call public outreach
and marketing services (the "Master Agreement").
2.2 The Commission and the Consultant have entered into an Amendment No.
1 to the Master Agreement, dated December 1, 2020, for the purpose of
extending the term for continued on-call public outreach and marketing
services.
2.3 The Commission and Consultant now desire to amend the Master
Agreement in order to extend the term and provide additional
compensation for continued on-call public outreach and marketing
services.
3.TERMS
3.1 The term of the Master Agreement shall be amended to provide for an
additional term of two (2) years, ending on December 31, 2024.
3.2 The maximum compensation for Services performed pursuant to this
Amendment 2 shall be Five Hundred Thousand Dollars ($500,000).
Work shall be performed at the rates set forth in Exhibit "C" of the
Master Agreement.
3.3 The total not-to-exceed amount of the Master Agreement, as amended
by this Amendment No. 2 shall be One Million Five Hundred Thousand
Dollars ($1,500,000)
ATTACHMENT 2
39
3.4 Except as amended by this Amendment No. 2, all provisions of the Master
Agreement, as amended by Amendment No. 1, including without limitation
the indemnity and insurance provisions, shall remain in full force and effect
and shall govern the actions of the parties under this Amendment No 1.
3.5 This Amendment No. 2 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.6 This Amendment No. 2 may be signed in counterparts, each of which shall
constitute an original.
3.7 A manually signed copy of this Amendment No. 2 which is transmitted by
facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed
copy of this Amendment No. 2 for all purposes. This Amendment No. 2
may be signed using an electronic signature.
[Signatures on following page]
40
SIGNATURE PAGE
TO
AGREEMENT NO. 17-15-110-02
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
2 on the date first herein above written.
RIVERSIDE COUNTY CELTIS VENTURES, INC.
TRANSPORTATION COMMISSION
By: _____________________________ By: _________________________
Anne Mayer, Executive Director Signature
_________________________
Name
__________________________
Title
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: ________________________
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the
second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief
financial officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided
to the Commission.
41
Agreement No. 17-15-111-03
AMENDMENT NO. 3 TO
AGREEMENT FOR ON-CALL PUBLIC OUTREACH
AND MARKETING SERVICES
WITH CITYWORKS PEOPLE + PLACES, INC.
1.PARTIES AND DATE
This Amendment No. 3 to the Agreement for On-Call Public Outreach and
Marketing Services entered into as of __________, 2022, by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“Commission”) and
CITYWORKS PEOPLE + PLACES, INC., a California corporation (“Consultant”).
2.RECITALS
2.1 The Commission and Consultant have entered into an agreement dated
December 13, 2017, for the purpose of providing on-call public outreach
and marketing services (the "Master Agreement").
2.2 The Commission and Consultant have entered into Amendment No. 1
dated April 10, 2018, for the purpose of revising Exhibit “C” of the Master
Agreement.
2.3 The Commission and Consultant have entered into Amendment No. 2
dated December 2, 2022, for the purpose of extending the term to
December 31, 2022.
1.1 The Commission and Consultant now desire to amend the Master
Agreement in order to extend the term and provide additional
compensation for continued on-call public outreach and marketing
services.
3.TERMS
3.1 The term of the Master Agreement shall be amended to provide for an
additional term of two (2) years, ending on December 31, 2024.
3.2 The maximum compensation for Services performed pursuant to this
Amendment 2 shall be Five Hundred Thousand Dollars ($500,000).
Work shall be performed at the rates set forth in Exhibit "C" of the
Master Agreement.
3.3 The total not-to-exceed amount of the Master Agreement, as amended
by this Amendment No. 2 shall be One Million Five Hundred Thousand
ATTACHMENT 3
42
Dollars ($1,500,000).
3.4 Except as amended by this Amendment No. 3, all provisions of the Master
Agreement, as amended by Amendment Nos. 1 and 2, including without
limitation the indemnity and insurance provisions, shall remain in full force
and effect and shall govern the actions of the parties under this
Amendment No. 3.
3.5 This Amendment No. 3 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.6 This Amendment No. 3 may be signed in counterparts, each of which shall
constitute an original.
3.7 A manually signed copy of this Amendment No. 3 which is transmitted by
facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed
copy of this Amendment No. 3 for all purposes. This Amendment No. 3
may be signed using an electronic signature.
[Signatures on following page]
43
_______________________
Anne Mayer, Executive
SIGNATURE PAGE
TO
AGREEMENT NO. 17-15-111-03
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
3 on the date first herein above written.
RIVERSIDE COUNTY CITYWORKS PEOPLE +
TRANSPORTATION COMMISSION PLACES, INC.
By: By:
Director Signature
Name
Title
APPROVED AS TO FORM: Attest:
By: Best Best & Krieger LLP By:
Counsel to the Riverside County Its:
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to
the Commission.
3
17336.00017\33482775.1
44
Agreement No. 17-15-114-02
AMENDMENT NO. 2 TO AGREEMENT
FOR ON-CALL PUBLIC OUTREACH
AND MARKETING SERVICES
WITH MCCORMICK-BUSSE,INC. D/B/A MBI MEDIA
1.PARTIES AND DATE
This Amendment No. 2 to the Agreement for On-Call Public Outreach and
Marketing Services entered into as of __________, 2022 by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and
MCCORMICK-BUSSE, INC., a California corporation, D/B/A MBI MEDIA (“Consultant)
2.RECITALS
2.1 The Commission and Consultant have entered into an agreement dated
December 11, 2017, for the purpose of providing on-call public outreach
and marketing services (the "Master Agreement").
2.2 The Commission and the Consultant have entered into Amendment No.
1 to the Master Agreement, dated November 24, 2020, for the purpose
of extending the term for continued on-call public outreach and
marketing services.
2.3 The Commission and Consultant now desire to amend the Master
Agreement in order to extend the term and provide additional
compensation for continued on-call public outreach and marketing
services.
3.TERMS
3.1 The term of the Master Agreement shall be amended to provide for an
additional term of two (2) years, ending on December 31, 2024.
3.2 The maximum compensation for Services performed pursuant to this
Amendment 2 shall be Five Hundred Thousand Dollars ($500,000).
Work shall be performed at the rates set forth in Exhibit "C" of the Master
Agreement.
3.3 The total not-to-exceed amount of the Master Agreement, as amended
by this Amendment No. 2 shall be One Million Five Hundred Thousand
Dollars ($1,500,000)
3.4 Except as amended by this Amendment No. 2, all provisions of the
Master Agreement, as amended by Amendment No. 1, including without
limitation the indemnity and insurance provisions, shall remain in full
force and effect and shall govern the actions of the parties under this
ATTACHMENT 4
45
Amendment No. 2.
3.5 This Amendment No. 2 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.6 This Amendment No. 2 may be signed in counterparts, each of which
shall constitute an original.
3.7 A manually signed copy of this Amendment No. 2 which is transmitted by
facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed
copy of this Amendment No. 2 for all purposes. This Amendment No. 2
may be signed using an electronic signature.
[Signatures on following page]
46
SIGNATURE
PAGE TO
AGREEMENT NO. 17-15-113-02
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
2 on the date first herein above written.
RIVERSIDE COUNTY MCCORMICK-BUSSE, INC.
TRANSPORTATION COMMISSION D/B/A MBI MEDIA
By: _____________________________ By: _________________________
Anne Mayer, Executive Director Signature
_________________________
Name
__________________________
Title
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: ________________________
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the
second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief
financial officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be
provided to the Commission.
I 7336.000 I 7\33483438.1
47
Agreement No. 17-15-114-02
AMENDMENT NO. 2 TO
AGREEMENT FOR ON-CALL PUBLIC OUTREACH
AND MARKETING SERVICES
WITH MOORE IACOFANO GOLTSMAN, INC. (MIG)
1.PARTIES AND DATE
This Amendment No. 2 to the Agreement for On-Call Public Outreach and Marketing
Services entered into as of __________, 2022 by and between the RIVERSIDE COUNTY
TRANSPORTATION COMMISSION ("Commission") and MOORE IACOFANO GOLTSMAN,
INC., a California corporation ("Consultant").
2.RECITALS
2.1 The Commission and Consultant have entered into an agreement dated
December 11, 2017, for the purpose of providing on-call public outreach and
marketing services (the "Master Agreement").
2.2 The Commission and the Consultant have entered into an Amendment No.
1 to the Master Agreement, dated October 8, 2021, for the purpose of
extending the term for continued on-call public outreach and marketing
services.
2.3 The Commission and Consultant now desire to amend the Master
Agreement in order to extend the term and provide additional compensation
for continued on-call public outreach and marketing services.
3.TERMS
3.1 The term of the Master Agreement shall be amended to provide for an
additional term of two (2) years, ending on December 31, 2024.
3.2 The maximum compensation for Services performed pursuant to this
Amendment 2 shall be Five Hundred Thousand Dollars ($500,000). Work
shall be performed at the rates set forth in Exhibit "C" of the Master
Agreement.
3.3 The total not-to-exceed amount of the Master Agreement, as amended by
this Amendment No. 2 shall be One Million Five Hundred Thousand Dollars
($1,500,000)
ATTACHMENT 5
48
3.4 Except as amended by this Amendment No. 2, all provisions of the Master
Agreement, as amended by Amendment No. 1, including without limitation
the indemnity and insurance provisions, shall remain in full force and effect
and shall govern the actions of the parties under this Amendment No. 2.
3.5 This Amendment No. 2 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.6 This Amendment No. 2 may be signed in counterparts, each of which shall
constitute an original.
3.7 A manually signed copy of this Amendment No. 2 which is transmitted by
facsimile, email or other means of electronic transmission shall be deemed
to have the same legal effect as delivery of an original executed copy of this
Amendment No. 2 for all purposes. This Amendment No. 2 may be signed
using an electronic signature.
[Signatures on following page]
49
50
SIGNATURE PAGE
TO
AGREEMENT NO. 17-15-114-02
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
2 on the date first herein above written.
RIVERSIDE COUNTY MOORE IACOFANO GOLTSMAN,
TRANSPORTATION COMMISSION INC. (MIG)
By: _____________________________ By: _________________________
Anne Mayer, Executive Director Signature
_________________________
Name
__________________________
Title
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________
Best Best & Krieger LLP
Counsel to the Riverside County Its: ________________________
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the second
signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided
to the Commission.
I 7336.000 I 7\33483438.1
51
AGENDA ITEM 7D
Agenda Item 7D
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: David Knudsen, External Affairs Director
THROUGH: Anne Mayer, Executive Director
SUBJECT: State and Federal Legislative Update
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file an update on state and federal legislation.
BACKGROUND INFORMATION:
State Update
The California State Legislature convened the 2023-24 Regular Session on December 5, 2022.
During the recess, the Assembly Democratic Caucus reached a tentative agreement for Speaker
Anthony Rendon (Lakewood) to continue serving as Assembly Speaker through end of the
2022-23 fiscal year, at which point Assemblymember Robert Rivas (Hollister) is expected to
assume the leadership role.
All eyes will be on the Governor’s budget proposal which is required to be submitted in early
January 2023. In December, Assembly Budget Committee Chair Phil Ting unveiled the Assembly’s
“Serving California: Making Government Work Budget Blueprint.” This blueprint is in response to
a projected $25 billion budget deficit by the Legislative Analysis Office (LAO). While the blueprint
emphasizes that California is better positioned to weather an economic downturn than it has
been in the past, it also adopts some of the cautionary recommendations outlined last month by
the LAO, including:
• Shift spending to special funds temporarily when possible and consider low-cost
borrowing from special funds, especially if revenue situation worsens;
• Re-evaluate timing of planned one-time expenditures by expediting key infrastructure
investments that are ready to go and adjust budget plans to more accurately reflect
timing of other such expenditures;
• Consider shifting billions of 2020-23 expenditures to later years as needed;
• Use reserves as intended; and
• Evaluate inflation cost adjustments for state expenditures when appropriate.
52
Agenda Item 7D
The next major step in the budget process is when Governor Newsom releases his proposed
budget for the fiscal year beginning July 1, which he is required to do on or before January 10.
In the first few weeks of the legislative session, Legislators have begun introducing new
legislation. As anticipated, Assembly Transportation Committee Chair Laura Friedman (Glendale)
has introduced two spot bills, Assembly Bills 6 and 7, which continue her efforts last session to
align transportation funding and policies with state climate action goals in a prescriptive manner
that limits regional transportation agencies. Since these bills are intended to be developed over
the next several months, staff is not recommending bill positions at this time. This strategy will
leave the door open for RCTC to offer meaningful perspective and suggestions as the bills develop
further. In the meantime, Chair Friedman and her staff are quickly working to engage
stakeholders on her policy efforts. RCTC will continue to advocate for policies that support its
mission and ability to maximize regional mobility.
Regional Roundtable Listening Session with former Los Angeles Mayor Antonio Villaraigosa
In December, staff participated in a regional roundtable listening session on infrastructure
investments hosted by California Infrastructure Advisor Antonio Villaraigosa and Priscilla Cheng,
Director of External Affairs in the Office of Governor Gavin Newsom. The roundtable session is
part of the Newsom Administration’s ongoing effort to engage with local leaders to identify
regional priority infrastructure projects and maximize access to federal funding related to the
Infrastructure Investment and Job Act. The roundtable discussion occurred at the Coachella City
Library and included participants representing transportation, water, housing, and education
stakeholders. Staff took the opportunity to emphasize the need for project streamlining
measures from the state to advance multimodal projects such as Coachella Valley Rail (CV Rail).
Following the meeting, staff participated in a vehicle tour with Mayor Villaraigosa, Ms. Cheng,
Desert Hot Springs Mayor Scott Matas, and Palm Springs Mayor Pro Tem Grace Garner. Other
tour participants included Coachella Valley Association of Governments Transportation Director
Jonathan Hoy and Joel Montalvo, City Engineer for the City of Palm Springs. The vehicle tour
included a stop at the Palm Spring Amtrak Station, where a discussion about the CV Rail project
took place.
Federal Update
FY 2023 Appropriations
As of the writing of this report, negotiations continue to fund the federal government for FY2023.
The House and Senate are expected to pass a Continuing Resolution (CR) through December 23
and are currently negotiating the details of an agreed-upon framework between House
leadership and the Chair and Ranking Member of the Senate Budget Committee. Should a FY2023
appropriations bill pass, the following Community Project Funding (CPF) requests are expected
to be included:
• $3 million requested by Representative Mark Takano for the city of Riverside’s Third
Street Grade Separation Project; and
53
Agenda Item 7D
• $3 million requested by Representative Ken Calvert to fund for the 15 Express Lanes
Southern Extension Project.
If no final agreement is reached before the end of this current CR, it is possible that there will be
another CR into early next year or even for the entire fiscal year, through September 30, 2023).
Each of these two options can impact the federal transportation program and create uncertainty.
RCTC staff will continue to monitor.
FISCAL IMPACT:
This is a policy and information item. There is no fiscal impact.
54
AGENDA ITEM 7E
Agenda Item 7E
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Bryce Johnston, Senior Capital Projects Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT:
Amendment for Construction Management Services, Materials Testing, and
Construction Surveying for the Interstate 215/Placentia Avenue Interchange
Project
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve Amendment No. 3 to Agreement No. 18-31-148-00 with Vali Cooper &
Associates, Inc. for Interstate 215/Placentia Avenue Interchange construction
management services, materials testing, and construction surveying in the amount of
$395,142, for a total not to exceed of $6,441,043; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the amendment, on behalf of the Commission.
BACKGROUND INFORMATION:
The Mid County Parkway project (MCP) has been under development by the Commission since
2002. The purpose of the MCP is to provide a transportation facility that effectively and efficiently
accommodates regional west-east movement of people, goods, and services between and
through the cities of Perris and San Jacinto.
The Interstate 215/Placentia Avenue Interchange (Project) in the city of Perris is the first segment
of the MCP to be constructed, which includes a new interchange at I-215/Placentia Avenue and
four lanes on Placentia Avenue between East Frontage Road and Indian Avenue, connecting to
the existing two-lane section of Placentia Avenue between Indian Avenue and Perris Boulevard.
At its January 2016 meeting, the Commission authorized staff to proceed with design and right
of way (ROW) acquisition for the Project as the first construction contract for MCP
notwithstanding the legal challenges. In June 2018, the Commission entered into a settlement
agreement to resolve the legal challenges.
DISCUSSION
In January 2019, the Commission awarded a contract to Vali Cooper & Associates, Inc. to perform
construction management, materials testing, and construction surveying services for the Project
55
Agenda Item 7E
in the amount of $5,496,274, plus a contingency amount of $549,627, and a total not to exceed
of $6,045,901. To address Caltrans’ pre-award audit findings, the contract was reduced by
$35,407. This resulted in the execution of the contract with Vali Cooper & Associates, Inc. in the
amount of $5,460,867, plus a contingency amount of $585,034.00, and a total not to exceed of
$6,045,901.
The Project‘s construction management (CM) contract was procured and awarded prior to the
construction contract to allow the CM to perform a constructability review of the design and to
prepare for the start of construction. The CM contract was originally awarded with the
assumption of a 400-working day construction contract duration. During the bidding process the
construction contract duration was extended to 500-working days due to comments and
concerns raised by the bidders. This resulted in an additional 100-working days for the CM
contract, however funding for the additional working days were not included in the approved
contract. In an effort to minimize the need for additional funding, the additional cost was
addressed with existing contract contingency. The cost incurred by the Commission to extend
CM staff for the additional 100 days was $552,204.
It is projected that additional funds will be needed to replenish the CM contract contingency to
ensure adequate budget remains to address anticipated construction contract change orders and
to close out the project. The change orders on this project have been typical for a project of this
type. Had the contract not been extended by 100-working days as requested by bidders, all CM
work would have been completed well within the original contingency. Based on a review of the
approved and potential contract change orders it is estimated that an additional $395,142 in
contingency is needed for a total not to exceed amount of $6,441,043.
FISCAL IMPACT:
The Vali Cooper & Associates, Inc. Agreement, and subsequent amendments in the amount of
$6,441,043.00 will be funded with the following fund sources:
• Measure A Western County (WC) New Corridors Funds $5,948,072
• SB1 Local Partnership $492,971
Funding Sources and Budget Expenditure Schedule
Funding Source Actual To- Date FY 22/23 FY 23/24 Total
Measure A WC New Corridors $5,455,101 $475,010 $17,961 $5,948,072
SB1 Local Partnership $475,010 $17,961 $492,971
Forecast Total $5,455,101 $950,020 $35,922 $6,441,043
Original Authorization $6,045,901
Required Additional Fund $395,142
56
Agenda Item 7E
Financial Information
In Fiscal Year Budget: Yes Year: FY 2022/2023
FY 2023/2024+ Amount: $359,220
$35,922
Source of Funds: Measure A WC New Corridors
SB1 Local Partnership Budget Adjustment: No
GL/Project Accounting No.: 002317 81302 00000 0000 261 31 81301
Fiscal Procedures Approved:
Date: 12/16/2022
Attachment: Draft Agreement No. 18-31-148-03, Amendment No. 3 with Vali Cooper &
Associates, Inc.
57
Agreement No. 18-31-148-03
AMENDMENT NO. 3 TO AGREEMENT
FOR CONSTRUCTION MANAGEMENT SERVICES, MATERIALS
TESTING, AND CONSTRUCTION SURVEYING FOR THE
INTERSTATE 215/PLACENTIA AVENUE INTERCHANGE
PROJECT WITH VALI COOPER & ASSOCIATES, INC.
1. PARTIES AND DATE
This Amendment No. 3 to the Agreement for construction management
services, materials testing, and construction surveying is made and entered into as
of this ___ day of ________, 2023, by and between the RIVERSIDE COUNTY
TRANSPORTATION COMMISSION ("Commission") and VALI COOPER &
ASSOCIATES, INC. ("Consultant"), a California corporation.
2. RECITALS
2.1 The Commission and Consultant have entered into an agreement dated
May 10, 2019, for the purpose of providing the construction management
services, materials testing, and construction surveying for the Interstate
215/Placentia Avenue Interchange Project (the "Master Agreement").
2.2 The Commission and Consultant entered into Amendment No. 1 to the
Master Agreement, dated August 6, 2020, in order to provide additional
compensation for additional services for the Interstate 215/Placentia
Avenue Interchange Project.
2.3 The Commission and Consultant entered into Amendment No. 2 to the
Master Agreement, dated August 3, 2022, in order to provide additional
compensation for additional 100 working days of construction duration,
one-year plant establishment period and environmental reviews.
2.4 The parties now desire to amend the Master Agreement in order to
provide additional compensation for additional and extended services
required for the Interstate 215/Placentia Avenue Interchange Project, as
described in more detail in the attached Exhibit “A”.
3. TERMS
3.1 The Services, as that term is defined in the Master Agreement, shall be
amended to include additional services required for completion of the
Project, as further set forth in Exhibit “A” attached to this Amendment No.
3 and incorporated herein by reference.
58
3.2 The maximum compensation for Services performed pursuant to this
Amendment No. 3 shall be Three Hundred Fifty-Nine Thousand, Two
Hundred Twenty Dollars ($359,220), as further detailed in Exhibit “B”
attached to this Amendment No. 3 and incorporated herein by reference.
3.3 The total not-to-exceed amount of the Master Agreement, as amended by
this Amendment No. 3, shall be Six Million, Four Hundred Five Thousand,
One Hundred Twenty-One Dollars ($6,405,121).
3.4 Except as amended by this Amendment No. 3, all provisions of the Master
Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions
of the parties under this Amendment.
3.5 This Amendment No. 3 shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.6 This Amendment No. 3 may be signed in counterparts, each of which shall
constitute an original.
3.7 A manually signed copy of this Amendment No. 3 which is transmitted by
facsimile, email or other means of electronic transmission shall be deemed
to have the same legal effect as delivery of an original executed copy of
this Amendment No. 3 for all purposes. This Amendment No. 3 may be
signed using an electronic signature.
[Signatures on following page]
59
SIGNATURE PAGE
TO
AGREEMENT NO. 18-31-148-03
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the date first herein above written.
RIVERSIDE COUNTY VALI COOPER & ASSOCIATES
TRANSPORTATION COMMISSION
By: By: __________________________
Anne Mayer, Executive Director Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM ATTEST:
By: By:
Best & Krieger LLP
Counsel to Riverside County Its:
Transportation Commission
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the
second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief
financial officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided
to RCTC.
3
60
EXHIBIT "A"
AMENDMENT NO. 3
SCOPE OF SERVICES
The project was anticipated to be completed and open to traffic at the beginning of
September 2022. The project is between 2 adjacent projects that have overlapping work
limits. The County of Riverside has a development project west of Harvill Avenue and
the City of Perris is widening Placentia Avenue to the east of Indian Avenue. The
cooperation and coordination of the projects has caused delays. In addition,
signalization and lighting were completed piecemeal as SCE energized portions of the
project over a longer than expected timeframe. Due to these inefficiencies, the
construction duration has extended by approximately 50 working days Thus an
additional $359,220 and a total not to exceed $6,405,121 is being requested.
[attached behind this page]
Exhibit “A”
61
EXHIBIT "B"
AMENDMENT NO. 3
COMPENSATION
[attached behind this page]
-
Exhibit “B”
62
AGENDA ITEM 7F
Agenda Item 7F
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Eric DeHate, Transit Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Amendment to City of Riverside’s Fiscal Year 2022/23 Short Range Transit Plan
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve the city of Riverside’s (City) request for an allocation of $541,995 in Local
Transportation Funds (LTF) to cover a shortfall of operating expenses from
Fiscal Years 2019/20 and 2020/21 that were submitted for federal stimulus
reimbursement but were deemed ineligible; and
2) Approve the City’s amended FY 2022/23 Short Range Transit Plan (SRTP) to reflect the LTF
increase in the amount of $541,995 for prior year operating expenses.
BACKGROUND INFORMATION:
With the passage of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act,
Riverside County transit operators received approximately $122 million in CARES Act funding.
This funding assisted operators from FY 2019/20 to FY 2021/22. For FY 2020/21, CARES Act
funding through the Federal Transit Administration (FTA) made up the majority share of
operating funding for Riverside County transit operators.
The City received $6.6 million of CARES Act funding for its transit services, of which approximately
$1.4 million was programmed in FY 2019/20, approximately $5.2 million was programmed in
FY 2020/21, and the remaining amount and cost savings from prior fiscal years was programmed
in FY 2021/22. As part of the City’s recently completed FTA Triennial Review, it was determined
that costs from the City’s cost allocation plan were ineligible for CARES Act funds and that the
City was required to return those funds to the FTA. This included $88,298 of CARES Act funds
from FY 2019/20 and $453,697 of CARES Act funds from FY 2020/21. FTA allowed the City to use
the returned CARES Act funds in FY 2021/22 for eligible expenses. Thus, the City was able to use
all $6.6 million of CARES Act funds it was provided. However, the movement of CARES Act
revenue from FYs 2019/20 and 2020/21 left the City a shortfall no longer covered by the federal
stimulus funds.
City staff reached out to Commission staff and submitted an amendment (Attachment 1) to its
FY 2022/23 SRTP and is requesting an increase of $541,995 in LTF to fully cover the shortfall in
63
Agenda Item 7F
prior year operating expenses. Sufficient LTF funds are available, therefore, staff recommends
that the Commission approve an allocation of $541,995 from LTF revenue to the City and approve
the City’s amended FY 2022/23 SRTP to reflect this increase.
FISCAL IMPACT:
There is no additional fiscal impact for the additional $541,995 in LTF for the FY 2022/23 budget
as LTF adjustments for transit operators were anticipated and budgeted.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2022/23 Amount: $541,995
Source of Funds: LTF Western Riverside County Bus Budget Adjustment: No
GLA No.: 002210 86101 00000 0000 601 62 86101
Fiscal Procedures Approved:
Date: 12/08/2022
Attachment: City of Riverside’s FY 2022/23 SRTP Amendment 1 Request
64
3900 Main Street, Riverside, CA 92522 | Phone: (951) 826-5553 | Fax: (951) 826-5470 | RiversideCA.gov
Parks, Recreation and Community Services Department
Special Transportation Division
October 4, 2022
Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92502
Dear Ms. Mayer:
This letter is to respectfully request from the Riverside County Transportation Commission (RCTC)
consideration of the City of Riverside’s request for additional LTF funds for Fiscal Year (FY)
2022/23 to cover prior year expenses not covered by the CARES Act.
As a result of an FTA Triennial Review, the City of Riverside charged the annual Cost Allocation
Plan (CAP) charges for the Special Transportation Division to the CARES Act without getting
the CAP federally approved prior to. The total amount of CAP charged to the CARES Act was
$88,298 for FY19/20 and $453,697 for FY 20/21. Additionally, The City of Riverside has $4,072,088
of unearned revenue as of FY 2021/22 from RCTC.
The City of Riverside is requesting that upon approval of additional LTF funds, the City be
allowed to utilize this existing deferred revenue to pay for the expenses not covered by the
CARES Act in the amount of $541,994 and return the difference back to RCTC. The expected
amount to be returned to RCTC is $3,530,094. Below is a table that shows the City’s requested
increase as well as the Unearned Revenue due back to RCTC.
In summary, the City respectfully request an increase of $541,994 in LTF funds for FY2022/23 to
cover the CAP cost of $88,298 for FY19/20 and $453,697 for FY20/21. Furthermore, the City is
requesting the ability to utilize the existing deferred revenue owed to RCTC to pay for those
expenses and the difference returned to RCTC as noted in the table below.
65
Page 2 of 2
Sincerely,
Ron Profeta
Transit Manager
Cc: Eric DeHate, Transit Manager
LTF Funds CARES Act Funds
Re venue received in FY 2022 4,239,596 1,240,076
Total prior year expenses not cover by CARES Act - 541,994
Operational expenses net of additional revenues (1,101,784) (1,782,070)
FY 2022 unearned revenue from RCTC 3,137,812 0
Prior years unearned revenue from RCTC 934,276
Total unearned revenue from RCTC as of 6/30/2022 4,072,088
The City Requests LTF funds to be increased to cover prior
year expenses not covered by CARES Act. 541,994
Une arned LTF funds due back to RCTC 3,530,094
FY 19/20 CAP Costs 88,298
FY 20/21 CAP Costs 453,697
Total CAP Costs not allowed 541,994
Fiscal Year 21/22
66
Table 4.0 - Summary of Funding Requests - FY 2022/23
City of Riverside
Original
Operating
5307 RS FARE LTF STA PUC99313 STA PUC99314ProjectTotal Amount
of Funds
Capitalized Preventative Maintenance FY2022-23 $400,000 $320,000 $48,166 $31,834
Operating FY2022-23 $4,430,332 $55,000 $120,000 $4,255,332
Sub-total Operating $4,830,332 $375,000 $120,000 $4,255,332 $48,166 $31,834
Capital
5307 RS FARE LTF STA PUC99313 STA PUC99314ProjectTotal Amount
of Funds
No Capital Projects
Total Operating & Capital $4,830,332 $375,000 $120,000 $4,255,332 $48,166 $31,834
FY 2022/23 Projected Funding Details
5307 RS $375,000
FARE $120,000
LTF $4,255,332
STA PUC99313 $48,166
STA PUC99314 $31,834
Total Estimated Operating Funding Request $4,830,332
Total Funding Request $4,830,332
TransTrack Manager™Page 1 of 1
11/29/2022 14:21:38 ET 67
Table 4.0 - Summary of Funding Requests - FY 2022/23
City of Riverside
Amendment # 1
Operating
5307 RS FARE LTF STA PUC99313 STA PUC99314ProjectTotal Amount
of Funds
Capitalized Preventative Maintenance FY2022-23 $400,000 $320,000 $48,166 $31,834
Operating FY2019-20 $88,298 $88,298
Operating FY2020-21 $453,697 $453,697
Operating FY2022-23 $4,430,332 $55,000 $120,000 $4,255,332
Sub-total Operating $5,372,327 $375,000 $120,000 $4,797,327 $48,166 $31,834
Capital
5307 RS FARE LTF STA PUC99313 STA PUC99314ProjectTotal Amount
of Funds
No Capital Projects
Total Operating & Capital $5,372,327 $375,000 $120,000 $4,797,327 $48,166 $31,834
FY 2022/23 Projected Funding Details
5307 RS $375,000
FARE $120,000
LTF $4,797,327
STA PUC99313 $48,166
STA PUC99314 $31,834
Total Estimated Operating Funding Request $5,372,327
Total Funding Request $5,372,327
TransTrack Manager™Page 1 of 1
12/6/2022 11:21:21 ET 68
AGENDA ITEM 7G
Agenda Item 7G
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Hanan Sawalha, Management Analyst
Brian Cunanan, Commuter & Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Agreements for Freeway Service Patrol Tow Truck Service
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Award Agreement No. 23-45-014-00 to Royal Coaches Auto Body and Towing (Royal
Coaches) for Freeway Service Patrol (FSP) tow truck services on Interstate 215, Beat No.
20, for a five-year term, in the amount of $2,305,460, plus a contingency amount of
$115,280 for a total amount not to exceed $2,420,740;
2) Approve Agreement No. 20-45-030-01, Amendment No. 1 to Agreement No.
20-45-030-00 with Royal Coaches Auto Body and Towing for continued FSP services on
Beat 25, additional regular FSP and construction FSP covering Beats 1 & 2 in Corona for
an additional $386,900, and a total amount not to exceed $2,012,373;
3) Approve Agreement No. 18-45-132-04, Amendment No. 4 to Agreement No.
18-45-132-00 with Coastal Pride Towing (Coastal) for continued FSP services on Beats 20,
34, and 35, and additional construction FSP service for the I-10 Tune Up project, for an
additional $285,500, and a total amount not to exceed $3,061,104;
4) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute
the agreements on behalf of the Commission; and
5) Authorize the Executive Director, or designee, to approve the use of the contingency
amount as may be required for these services.
BACKGROUND INFORMATION:
In 1986, the Commission established itself as the Riverside County Service Authority for Freeway
Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose of the formation of
SAFEs in California was to provide call box services and, with excess funds, provide additional
motorist aid services. Funding for RC SAFE is derived from a one dollar per vehicle registration
fee on vehicles registered in Riverside County. Initially, these funds were used only for the call
box program. As additional motorist aid services were developed, SAFE funds were also used to
provide FSP and traveler information services as part of a comprehensive motorist aid system in
Riverside County.
69
Agenda Item 7G
In 1990, Proposition C was passed to fund transportation improvements and to help reduce
traffic congestion in California. From this, the FSP program was created by the California
Department of Transportation (Caltrans), which developed the corresponding Local Funding
Allocation Plan to distribute funds to participating jurisdictions. In addition to funding received
from Caltrans, agencies are required to contribute a 25 percent local match. For the Commission,
SAFE revenues are used to meet this match requirement.
The Commission, acting in its capacity as the RC SAFE, is the principal agency in Riverside County,
in partnership with Caltrans and the California Highway Patrol (CHP), managing the FSP program.
The purpose of the FSP program is to provide a continuously roving tow services patrol along
designated freeway segments (referred to as beats) to relieve freeway congestion and facilitate
the rapid removal of disabled vehicles and those involved in minor accidents on local freeways.
Contracts to provide FSP tow service are competitively bid as needed for each service area.
Currently, the Commission contracts with three tow truck operators to provide service on a total
of twelve beats Monday through Friday during the peak commute hours, 5:30 a.m. to
8:30 a.m. and 2:30 p.m. (12:30 p.m. on Fridays) to 6:30 p.m. In addition, select beats also have
mid-day and weekend service. The Commission contracts with one tow truck operator for Express
Lane FSP services on the SR-91 and I-15 facilities; a seven-day a week operation. In
Fiscal Year 2021/22, FSP performed a total of 62,020 assists, including 54,217 regular general
purpose lane assists, 6,948 construction assists, and 1,631 express lane assists.
DISCUSSION:
Staff sought a competitive solution to award a tow contract to a qualified firm to cover FSP service
area on I-215.
Contract FSP
Service Area Description of Service Area Number of Tow
Trucks
Beat 20 I-215 from SR-74/W 4th St. to Murrieta Hot Springs 2 primary
(+1 backup truck)
70
Agenda Item 7G
Procurement Process
Outreach was conducted prior to the release of the RFP. Flyers offering one-on-one information
sessions with staff from RCTC and CHP were distributed to over 150 tow operators by mail and
email. RFP No. 23-45-014-00 was released on October 6, 2022. The RFP was posted on the
Commission’s PlanetBids website, which is accessible through the Commission’s website.
Utilizing PlanetBids, emails were sent to 49 firms, 21 of which are located in Riverside County.
Through the PlanetBids site, nine firms downloaded the RFP; two of these firms have facilities in
Riverside County. A pre-proposal conference was held on October 13, 2022. Staff responded to
all questions submitted by potential proposers prior to the October 25, 2022, clarification
deadline date. Two firms – Royal Coaches (Riverside) and Pepe’s (Moreno Valley) – submitted
responsive proposals for the Beat 20 contract service area prior to the 2:00 p.m. submittal
deadline on November 10, 2022. Utilizing the evaluation criteria set forth in the RFP, the
proposals were evaluated and scored by an evaluation committee comprised of the CHP Border
Division, San Bernardino County Transportation Authority, and Commission staff.
The evaluation criteria included qualifications of the firm, staffing/project organization, work
plan, and price. Non-price factors accounted for 70 percent of the total score and price (e.g. tow
rates proposed) accounted for the remaining 30 percent of the score.
A dynamic tow rate approach that adjusts with average diesel fuel prices reported by the United
States Energy Information Administration (EIA) was applied for price. This dynamic tow rate helps
alleviate risks on the operator when fuel rates increase and also adjusts downwards to more
favorable rates for the Commission when fuel prices are lower. As such, the RFP included a price
proposal template asking bidders to submit rates that correspond to ranges of average diesel fuel
prices, as shown below:
71
Agenda Item 7G
Price Proposal Table:
Rate Level #
Average Diesel Fuel
Cost Per Gallon (per
EIA)
1 $0.01 - $2.99
2 $3.00 - $3.99
3 $4.00 - $4.99
4 $5.00 - $5.99
5 $6.00 - $6.99
6 $7.00 - $7.99
7 $8.00 - $8.99
8 $9.00 - $9.99
9 $10.00+
The average of the proposed hourly rates, across the nine rate levels, was used to determine the
bidders’ cost score.
Bids for Beat 20 service area were evaluated independently by the evaluation committee. Based
on the evaluation committee’s assessment of the written proposals and pursuant to the terms of
the RFP, the evaluation committee shortlisted and invited two firms, Royal Coaches and Pepe’s,
to the interview phase of the evaluation and selection process for the Beat 20 service area
contract. In-person interviews were conducted on December 5, 2022.
Accordingly, the evaluation committee provided final scoring based on a comprehensive
evaluation of each written proposal and interview. Based on the evaluation committee’s
assessment, the evaluation committee recommends contract award to Royal Coaches for the
Beat 20 service area, as this firm submitted a responsive and responsible proposal and earned
the highest total evaluation scoreThe contract award is as follows:
• Royal Coaches Auto Body and Towing: Interstate 215, Beat No. 20 service area for a
five-year term, in the amount of $2,305,460, plus a contingency amount of $115,280, for
a total amount not to exceed $2,420,740, as this firm earned the highest total evaluation
score
The proposed five-year contract rates and evaluation rankings for all firms are presented in the
following table:
Interstate 215 – Beat 20
Firm Average Tow Rates:
Years 1-2/ Year 3-4/ Year 5
Evaluation Ranking
Royal Coaches Auto Body and
Towing
$116.54/ $120.61/ $124.83 1
Pepe’s Towing $129.60/ $139.96/ $151.16 2
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Agenda Item 7G
The rates above reflect the average rate across the nine rate levels quoted. The actual hourly tow
rate level applied (1 through 9) will be adjusted for each quarter based on the previous quarter’s
average cost of diesel fuel as reported by the EIA, California No 2 Diesel Retail Prices (dollars per
gallon).
Amendments to Existing Contracts
Coastal and Royal Coaches have provided incremental FSP service for construction areas and/or
have helped fill in service gaps when needed (e.g. trucks could not be staffed). Additional funding
is needed for contracts with Coastal and Royal Coaches for continued service.
Coastal Pride
Coastal provided construction FSP services supporting the I-10 Tune Up project in eastern County
from March 2022 through September 2022 and have provided regular FSP service in South
County along I-15 and I-215, under Agreement No. 18-45-132-00 since 2018. Upon recent review
of this contract balance, it was determined that the original authorized contract amount was
underestimated. Therefore, staff is recommending $285,500 be added to Coastal’s contract in
order to continue reimbursing them for FSP services through their contract term. There is
sufficient project budget in Fiscal Year 2022/23 for FSP services to accommodate this addition to
the contract balance, therefore, a budget adjustment for FY 2022/23 will not be required.
Royal Coaches
On May 9, 2018, Coastal Towing was awarded Agreement No. 18-45-131-00 for FSP services on
SR-91, Beat Nos. 1 and 2 service areas. However, they encountered staffing issues that rendered
them unable to provide consistent coverage of the four tow trucks required for those service
areas. The Commission needed to release a new RFP to seek competitive bids for Beats 1 and 2.
In the meantime, in order to avoid disruption of FSP services along SR-91, Commission staff
reached out to other FSP contracted tow companies to assist with providing coverage for Beat
Nos. 1 and 2.
Royal Coaches, who was providing FSP services along I-15, Beat No. 25 service area under
Agreement No. 20-45-030-00, confirmed willingness to provide FSP coverage along SR-91, Beat
Nos. 1 and 2 service areas. Royal Coaches began providing coverage in September 2021 for
regular FSP and has provided construction FSP support for SR-91 closures. RFP No. 22-45-073-00
for Beat Nos. 1 and 2 was released on March 18, 2022, and subsequently awarded to Royal
Coaches on June 8, 2022, with services to begin under the new contract in November 2022.
However, for the months of September 2021 – October 2022, Royal Coaches provided coverage
under contract authority of Agreement No. 20-45-030-00, leaving that contract with a shortfall
balance of $386,900. As such, staff is seeking Commission approval to amend Agreement No.
20-45-030-00 to add this amount to the contract authority. There is no impact to the project
budget as the amount was already budgeted in FY 2022/23 for the original agreement with
Coastal.
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Agenda Item 7G
FISCAL IMPACT:
Sufficient funding, consisting of Caltrans and SAFE funds, for towing services will be included in
future fiscal years’ budgets for the Royal Coaches amendment and the newly awarded contract
with Royal Coaches, which does not start till FY 2023/24. The funding amount for the Coastal
amendment was already included in the project budget for FY 2022/23, therefore, a project
budget adjustment will not be required.
Financial Information
In Fiscal Year Budget: Yes Year: FY 2022/23
FY 2023/24+ Amount: $285,500
$2,807,640
Source of Funds: State of California, SAFE funds Budget Adjustment: No
GL/Project Accounting No.: 002173 81014 00000 0121 201 45 81002
Fiscal Procedures Approved:
Date: 12/16/2022
Attachments:
1) Draft FSP Agreement No. 23-45-014-00 with Royal Coaches Auto Body and Towing
2) Draft FSP Amendment No. 20-45-030-01 with Royal Coaches Auto Body and Towing
3) Draft FSP Amendment No. 18-45-132-04 with Coastal Pride Towing
4) Map of FSP Service Areas
74
MODEL CONTRACT
Agreement No. 23-45-014-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, ACTING AS THE RIVERSIDE
COUNTY SERVICE AUTHORITY FOR FREEWAY EMERGENCIES,
FOR
FREEWAY SERVICE PATROL FOR BEAT # 20 WITHIN RIVERSIDE COUNTY
WITH ROYAL COACHES AUTO BODY & TOWING
1.PARTIES AND DATE.
1.1 This Agreement is made and entered into as of _____day of _________,
2022, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(“COMMISSION”) acting as the RIVERSIDE COUNTY SERVICE AUTHORITY FOR
FREEWAY EMERGENCIES (“SAFE”) and ROYAL COACHES AUTO BODY & TOWING, a
CORPORATION (referred to herein as “CONTRACTOR”). SAFE and CONTRACTOR are
sometimes individually referred to herein as “Party” and collectively as “Parties”.
1.2 The California Highway Patrol herein referred to as “CHP” and California
Department of Transportation, herein referred to as “Caltrans” are hereby expressly designated
as third-party beneficiaries of CONTRACTOR’s performance under this Agreement.
2.RECITALS.
2.1 WHEREAS, COMMISSION is a California County Transportation
Commission existing under the authority of Section 130050 et seq. of the
California Public Utilities Code;
2.2 WHEREAS, COMMISSION is authorized, pursuant to Section 2550 et seq.
of the California Streets and Highways Code, to act as SAFE for purposes
of providing a motorist aid system, including provision of freeway service
patrols;
2.3 WHEREAS, SAFE requires the services of a CONTRACTOR to provide
the freeway service patrol professional services as described in the Scope
of Services;
2.4 WHEREAS, SAFE has determined that CONTRACTOR is best qualified to
perform the required services;
2.5 WHEREAS, the CONTRACTOR is able and willing to perform the required
services under the terms and conditions of this Contract;
2.6 WHEREAS, COMMISSION is the short range transportation planning
agency for Riverside County, and programs federal, state, and local funds.
ATTACHMENT 1
75
COMMISSION has entered into a Memorandum of Understanding with
Caltrans and CHP to fund peak period freeway service patrols on selected
freeway segments in Riverside County; and
2.7 WHEREAS, Section 21718 (a) of the California Vehicle Code specifically
authorized CHP to be responsible for freeway service patrols stopping on
freeways for the purpose of rapid removal of impediments to traffic. Article
3, Section 91, of the Streets and Highways Code, states that Caltrans has
responsibility to improve and maintain the state highways. Caltrans also
has the responsibility for traffic management and removing impediments
from the highways.
NOW, THEREFORE, for the consideration hereinafter stated, SAFE and CONTRACTOR agree
as follows:
3. TERMS.
3.1 General Scope of Services. The purpose of the Freeway Service Patrol
(“FSP”) program is to provide for the rapid removal of disabled vehicles and vehicles involved
in minor accidents from the freeway. Contractor promises and agrees to furnish to SAFE all
labor materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately provide the FSP services ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attached
hereto and incorporated herein by reference, and all applicable local, state, and federal laws,
rules and regulations, and the SOP manual (as defined below).
3.1.1. Contract Oversight. Caltrans and CHP will jointly oversee the
Services. Both agencies will have responsibility for overseeing Service performance and
ensuring that the CONTRACTOR abides by the terms of this Contract. CHP is responsible for
dispatch services to incident locations within the CONTRACTOR’s patrol limits. The
dispatching will be done in accordance with this Contract. A Standard Operating Procedures
(“SOP”) manual will be given to the CONTRACTOR explaining the types of incidents to which
his/her operators may be dispatched.
3.1.2 Beat Descriptions. The FSP will operate on selected freeway
segments referred to herein as “beats”. Each beat has specific turnaround locations and
designated drop locations identified by the CHP. Exhibit “A” shows the specific limits, number
of tow trucks, number of back-up trucks and hours of operation, and holidays for the
CONTRACTOR’s specific beat. SAFE reserves the right to add or delete holidays to the work
schedule, provided that SAFE provides CONTRACTOR seven (7) days advanced notice of
such addition or deletion. Travel time to and from the beat will be at the expense of the
CONTRACTOR.
3.1.3 Change Orders. At any time during the term of this Contract, SAFE
reserves the right to adjust beat specifications to better accommodate demand for the Services,
76
or availability of funding, at no cost to SAFE. Adjustments may include reduction in the hours
of Services. SAFE may direct such adjustments during the course of this Contract through
written change orders, signed by SAFE, setting forth any changes to Exhibit “A”. Changes may
include a change of the specified beat(s) to other beats that SAFE determines better serve the
needs of SAFE, as well as changes to schedules and hours for the beats set forth in Exhibit
“A”. If warranted, as determined in SAFE’s sole discretion, and during the hours of operation
of the Services, the CONTRACTOR may be requested to temporarily reassign his/her FSP
operators/trucks to locations outside the assigned beat. Such reassignments shall be at no
cost to SAFE.
3.1.4. The SOP Manual. To promote a safe work environment and for the
maintenance of professionalism, the most current version of the SOP manual shall, at all times,
be followed by the CONTRACTOR and its vehicle operators. The SOP manual, as such manual
may from time to time be amended, is incorporated into this Contract by reference.
CONTRACTOR shall be notified and provided with a copy of any changes to the SOP manual.
Drivers found not to be in compliance with FSP procedures, as set forth in the SOP manual or
this Contract, may be suspended or terminated from the FSP program and the CONTRACTOR
may be fined three (3) times the hourly Contract rate in one (1) minute increments until a
replacement vehicle is provided (Driver and Truck must return to beat compliant with all FSP
requirements), or fined for the entire shift at three (3) times the hourly rate at the discretion of
the FSP Field Supervisors.
3.2 Equipment Requirements. CONTRACTOR shall comply with all equipment
requirements outlined in the attached Exhibit “A”.
3.3 Commencement of Services. The CONTRACTOR shall commence work
upon receipt of a written Notice to Proceed from SAFE.
3.4 Term. The term of this Contract shall be for a period of five (5) years, from
August 30, 2023 to August 31, 2028 unless earlier terminated as provided herein. SAFE shall
also have the right to renew this Contract from one month up to a one (1) year term after the
initial term by providing notice as provided below. SAFE must provide written notice to
CONTRACTOR no less than ninety (90) days prior to the end of the applicable term, indicating
its renewal of the Contract. CONTRACTOR shall complete the Services within the term of this
Contract, and shall meet any other established schedules and deadlines. All applicable
indemnification provisions of this Contract shall remain in effect following the termination of this
Contract. The rates shall be as set forth in Exhibit "C" attached hereto and incorporated herein
by reference.
3.5 SAFE's Representative. SAFE hereby designates the SAFE Executive
Director or his or her designee, to act as its Representative for the performance of this Contract
("SAFE’s Representative"). SAFE’s Representative shall have the authority to act on behalf of
SAFE for all purposes under this Contract. SAFE's Representative shall also review and give
approval, as needed, to the details of CONTRACTOR's work as it progresses. CONTRACTOR
shall not accept direction or orders from any person other than the SAFE’s Representative or
his or her designee.
77
3.6 CONTRACTOR’S Representative. CONTRACTOR hereby designates
WILLIAM SALAZAR, PRESIDENT & CEO, to act as its representative for the performance of
this Contract ("CONTRACTOR’s Representative"). CONTRACTOR’s Representative shall
have full authority to act on behalf of CONTRACTOR for all purposes under this Contract. The
CONTRACTOR’s Representative shall supervise and direct the Services, using his best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract. CONTRACTOR shall work closely and cooperate fully with SAFE's Representative
and any other agencies which may have jurisdiction over or an interest in the Services.
CONTRACTOR's Representative shall be available to the SAFE staff at all reasonable times.
Any substitution in CONTRACTOR's Representative shall be approved in writing by SAFE's
Representative.
3.7 Substitution of Key Personnel. CONTRACTOR has represented to SAFE
that certain key personnel will perform and coordinate the Services under this Contract. Should
one or more of such personnel become unavailable, CONTRACTOR may substitute other
personnel of at least equal competence upon written approval by SAFE’s Representative. In
the event that SAFE’s Representative and CONTRACTOR cannot agree as to the substitution
of the key personnel, SAFE shall be entitled to terminate this Contract for cause, pursuant to
the provisions of Section 3.15. The key personnel for performance of this Contract are:
WILLIAM SALAZAR, PRESIDENT & CEO.
3.7.1 Availability of FSP Manager. Except in the case of unpreventable
circumstances, the FSP Manager must be available at the CONTRACTOR’s office for at least
50% of each Work Day to address time sensitive issues related to this Contract or the Services,
including, but not limited to, FSP administrative responsibilities; SAFE, CHP, and Caltrans
requests; driver matters; and truck maintenance issues. CONTRACTOR shall, within 24 hours,
notify SAFE of each circumstance causing the FSP Manager not to be available as required
herein. As used in this section, the term “Work Day” shall mean and refer to any day that FSP
service is provided, during those hours of operation for Construction FSP as identified on the
attached Exhibit “A-1”.
3.8 Review of Work and Deliverables. All reports, working papers, and similar
work products prepared for submission in the course of providing Services under this Contract
may be required to be submitted to SAFE's Representative in draft form, and SAFE’s
Representative may require revisions of such drafts prior to formal submission and approval.
In the event that SAFE's Representative, in his or her sole discretion, determines the formally
submitted work product to be inadequate, SAFE's Representative may require CONTRACTOR
to revise and resubmit the work at no cost to SAFE. Upon determination by SAFE that
CONTRACTOR has satisfactorily completed the Services required under this Contract and
within the term set forth in Section 3.4, SAFE shall give CONTRACTOR a written Notice of Final
Completion. Upon receipt of such notice, CONTRACTOR shall incur no further costs
hereunder, unless otherwise specified in the Notice of Completion. CONTRACTOR may
request issuance of a Notice of Final Completion when, in its opinion, it has satisfactorily
completed all Services required under the provisions of this Contract.
78
3.9 Appearance at Hearings. If and when required by SAFE, CONTRACTOR
shall render assistance at public hearings or other meetings related to the performance of the
Services.
3.10 Standard of Care: Licenses. CONTRACTOR represents and maintains
that it is skilled in the professional calling necessary to perform all Services, duties and
obligations required by this Contract. CONTRACTOR shall perform the Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. CONTRACTOR warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the Services
assigned to them. CONTRACTOR further represents and warrants to SAFE that its employees
and subcontractors have all licenses, permits, qualifications (including medical certification) 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 Contract.
CONTRACTOR shall perform, at its own cost and expense and without reimbursement from
SAFE, any services necessary to correct errors or omissions which are caused by the
CONTRACTOR’s failure to comply with the standard of care provided for herein, and shall be
fully responsible to SAFE for all damages and other liabilities provided for in the indemnification
provisions of this Contract arising from the CONTRACTOR’s errors and omissions. Any
employee of CONTRACTOR or its subcontractors who is determined by SAFE to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to SAFE, shall be promptly removed from performing the
Services by the CONTRACTOR and shall not be re-employed to perform any of the Services.
3.11 Opportunity to Cure. SAFE may provide CONTRACTOR an opportunity to
cure, at CONTRACTOR's expense, all errors and omissions which may be disclosed during
performance of the Services. Should CONTRACTOR fail to make such correction in a timely
manner, such correction may be made by SAFE, and the cost thereof charged to
CONTRACTOR.
3.12 Inspection of Work. CONTRACTOR shall allow SAFE's Representative to
inspect or review CONTRACTOR's performance of Services in progress at any time.
SAFE/Caltrans/CHP also reserves the right to audit all paperwork demonstrating that
CONTRACTOR participates in an employee alcohol/drug-testing program and the DMV Pull
Notice Program.
3.13 Laws and Regulations. CONTRACTOR 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 Services, including all Cal/OSHA requirements, and shall give
all notices required by law. CONTRACTOR shall be solely liable for all violations of such laws
and regulations in connection with Services. If the CONTRACTOR performs any work knowing
it to be contrary to such laws, rules and regulations and without giving written notice to SAFE,
CONTRACTOR shall be solely responsible for all costs arising therefrom. CONTRACTOR shall
defend, indemnify and hold SAFE, their officials, directors, officers, employees and agents free
79
and harmless, pursuant to the indemnification provisions of this Contract, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.14 Damage Complaints. Upon receiving a damage complaint from a motorist
assisted by the CONTRACTOR, that the CONTRACTOR damaged their vehicle while lending
assistance, the CONTRACTOR shall notify CHP immediately regarding the nature of the
damage complaint and its disposition. The CONTRACTOR shall reply to the motorist by
telephone within twenty-four (24) hours of receiving the damage complaint notification. If
necessary, the CONTRACTOR shall send either his or her authorized representative or his or
her insurance company representative to inspect the vehicle and complete an incident report
within forty-eight (48) hours after receiving the damage complaint. If the investigation shows
that damage to the vehicle could have been caused by the CONTRACTOR, the CONTRACTOR
shall negotiate in good faith to try and resolve the issue and shall report to the CHP the result
of the negotiations. All complaints shall be resolved within a reasonable period of time after
being received.
3.14.1 Complaint Review Committee. The FSP Technical Advisory
Committee (“FSP TAC”) is composed of voting members from CHP, SAFE and Caltrans. Voting
members of the FSP TAC are hereby designated as the members of the Damage Complaint
Review Committee (“DCRC”). If the DCRC finds that justifiable complaints are not resolved
within a reasonable time frame, it can recommend that payment to the CONTRACTOR in the
amount of the damage claim may be deducted from the CONTRACTOR’s monthly invoice.
3.15 Termination.
3.15.1 Notice; Reason. SAFE may, by written notice to CONTRACTOR,
terminate this Contract, in whole or in part, including, without limitation, the geographical
territory covered by this Contract, at any time by giving written notice to CONTRACTOR of such
termination, and specifying the effective date thereof (“Notice of Termination”). Such
termination may be for SAFE’s convenience, due to lack of available funding for the Services,
or because of CONTRACTOR's failure to perform its duties and obligations under this Contract,
including, but not limited to, the failure of CONTRACTOR to timely perform Services pursuant
to the Scope of Services described in Section 3, entitled “Terms,” as well as Section 7 of the
RFP. CONTRACTOR may not terminate this Contract except for cause.
3.15.2 Discontinuance of Services. Upon receipt of the written Notice of
Termination, CONTRACTOR shall discontinue all affected Services as directed in the Notice of
Termination, and deliver to SAFE all Documents and Data, as defined in this Contract, as may
have been prepared or accumulated by CONTRACTOR in performance of the Services,
whether completed or in progress.
3.15.3 Effect of Termination For Convenience. If the termination is to be for
the convenience of SAFE, SAFE shall compensate CONTRACTOR for Services fully and
adequately provided through the effective date of termination as provided in the Notice of
Termination. Such payment shall include a pro-rated amount of profit, if applicable, up through
such effective date, but no amount shall be paid for anticipated profit on unperformed Services
80
past such effective date. CONTRACTOR shall provide documentation deemed adequate by
SAFE's Representative to show the Services actually completed by CONTRACTOR prior to the
effective date of termination. This Contract shall terminate on the effective date of the Notice
of Termination.
3.15.4 Effect of Termination for Cause. If the termination is for cause,
CONTRACTOR shall be compensated for those Services which have been fully and adequately
completed and accepted by SAFE as of the effective date of termination as provided in the
Notice of Termination. In such case, SAFE may take over the work and prosecute the same to
completion by contract or otherwise. Further, CONTRACTOR shall be liable to SAFE for any
reasonable additional costs or damages incurred to revise work for which SAFE has
compensated CONTRACTOR under this Contract, but which SAFE has determined in its sole
discretion needs to be revised, in part or whole. Termination of this Contract for cause may be
considered by SAFE in determining whether to enter into future contracts with CONTRACTOR.
3.15.5 Cumulative Remedies. The rights and remedies of the Parties
provided in this Section are in addition to any other rights and remedies provided by law or
under this Contract.
3.15.6 Procurement of Similar Services. In the event this Contract is
terminated, in whole or in part, as provided by this Section, SAFE may procure, upon such
terms and in such manner as it deems appropriate, services similar to those terminated.
3.15.7 Waivers. CONTRACTOR, in executing this Contract, recognizes
that the Services may be terminated, in whole or in part, as provided in this Section.
CONTRACTOR shall not be entitled to any damages including, but not limited to, any
compensation for costs incurred to procure vehicles, meet the terms for providing the Services,
or for any other costs or expenses, and shall be deemed to have waived any and all claims for
damages, costs or expenses which may otherwise arise from SAFE's termination of this
Contract, for convenience or cause, as provided in this Section.
3.15.8 Authorization to Terminate. The Executive Director of SAFE shall
have the full authority and discretion to exercise SAFE’s rights under this Section 3.15, entitled
“Termination”.
3.16 Trend Meetings. CONTRACTOR shall attend, or send a designated
management-level representative, to all trend meetings (i.e., required FSP TAC meeting which
meets every other month). These trend meetings will encompass focused and informal
discussions concerning, but not limited to: scope, Services, schedule, current progress of
Services, relevant cost issues, and future objectives. CONTRACTOR shall be responsible for
having a representative attend all meetings (i.e., FSP TAC meetings) that has the ability to
make management-level decisions on the behalf of the CONTRACTOR. If the CONTRACTOR
cannot have a management-level representative at a meeting, CONTRACTOR shall notify
SAFE and CHP prior to the meeting. Management-level attendance at these meetings shall be
considered part of the CONTRACTOR’s contractual responsibility. Meetings are scheduled,
and CONTRACTOR will be notified of such schedule, no later than three (3) working days prior
to the meeting.
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3.17 Fees and Payment.
3.17.1 Amount to be Paid. Subject to the provisions set forth below for
Services satisfactorily performed hereunder, SAFE shall pay the CONTRACTOR on a fixed unit
rate basis a ceiling price NOT TO EXCEED Two Million, Four Hundred Twenty Thousand,
Seven Hundred Forty DOLLARS ($2,420,740).
3.17.2 Maximum Payment is the Ceiling Price. SAFE shall not be obligated
to pay costs which exceed the ceiling price set forth above, except as provided in Sections 3.15
and 3.17.10. CONTRACTOR agrees to use its best efforts to perform the services and all
obligations under this Contract within such ceiling price.
3.17.3 Hourly Rate; Break and Meal Periods. For its performance of the
Services, the CONTRACTOR shall be paid for labor expended directly in the performance of
the Services at the rates specified below. Payments shall be made monthly in arrears based
on Services provided and allowable incurred expenses. The CONTRACTOR shall not be
entitled to reimbursements for any expenses unless approved in advance in writing.
SCHEDULE OF HOURLY RATES
Hourly rates are set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Hourly rates may be adjusted as set forth in Chapter 9, Violations/Penalties, of the FSP
Standard Operating Procedures (SOP).
A) CONTRACTOR is responsible for compliance with all
California labor laws related to break periods and meal periods including, but not limited to,
compliance with Labor Code section 512. CONTRACTOR shall be solely responsible for
any additional pay to which its drivers may be entitled for CONTRACTOR’s failure to comply
with the California labor law requirements.
B) During shifts that require drivers to be provided a 30-
minute meal period break pursuant to Labor Code section 512, CONTRACTOR shall either
make arrangements for another certified driver to provide Services during those breaks or
not be compensated for each 30-minute meal period break during which Services are not
provided. In no case shall CONTRACTOR be entitled to bill RCTC for time during which a
driver is taking a meal period break.
3.17.4 Payment Coverage. The compensation herein above specified will
cover and include all applicable labor surcharges such as taxes, insurance and fringe benefits,
as well as indirect costs, overhead, general and administrative expense, and profit.
3.17.5 Cost Principles.
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A) CONTRACTOR agrees to comply with 2 CFR, Part 225, Cost
Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
B) CONTRACTOR agrees that 1) Contract Cost Principles and
Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq.,
shall be used to determine the allowability of individual cost items, and 2) CONTRACTOR
shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.
C) Any costs for which CONTRACTOR has received payment
or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 225,
48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by CONTRACTOR
to SAFE. Should CONTRACTOR fail to reimburse moneys due SAFE within 30 days of
demand, or within such other period as may be agreed in writing between the Parties hereto,
SAFE is authorized to intercept and withhold future payments due CONTRACTOR from
SAFE or any third-party source, including, but not limited to, the State Treasurer, the State
Controller, and the California Transportation Commission.
3.17.6 Fines. Fines for starting late; leaving early; taking more breaks
than authorized; or being ordered out of service by a CHP, SAFE Representative or Caltrans
supervisor for Contract infractions shall be deducted from the CONTRACTOR’s monthly
invoice at five (5) times the hourly rate, plus the loss of revenue for the down time. Fines
may be further described in the attached Exhibit “A” or Exhibit “B”.
3.17.7 Accounting System. CONTRACTOR and its subcontractors
shall establish and maintain an accounting system and records that properly accumulate
and segregate expenditures by line item for the Services. The accounting system of
CONTRACTOR and its subcontractors shall conform to Generally Accepted Accounting
Principles (GAAP), enable the determination of incurred costs at interim points of
completion, and provide support for reimbursement payment vouchers or invoices.
3.17.8 Invoices. Invoices for CONTRACTOR’s Services shall be submitted
monthly on forms approved by SAFE. Invoices will be routinely verified by CHP. To ensure
prompt payment, most billing disputes may be resolved within ten (10) working days of written
notice of dispute. However, at SAFE’s discretion, reconciliation of disputed fines that sum to
less than 2% of the months’ Invoice may be corrected on the next month’s Invoice to ensure
prompt payment of the major portion of the invoice. Each Invoice shall include a cover sheet
bearing a certification as to the accuracy of the statement signed by the CONTRACTOR’s
authorized officer. Invoices shall be mailed to SAFE’s Contract Administrator at the following
address:
Riverside County Service Authority for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
83
92502-2208
Attn: Brian Cunanan
3.17.8.1 Monthly Progress Reports. As part of its Invoice,
CONTRACTOR shall submit a Monthly Progress Report, in a form determined by SAFE, which
will cover the Invoice period and include spreadsheets showing hours expended for each day
of the month per vehicle per beat, and the total for the term of the Contract to date. Submission
of such Monthly Progress Report by CONTRACTOR shall be a condition precedent to receipt
of payment from SAFE for each monthly Invoice submitted.
3.17.8.2 Payment Schedule. Invoice periods shall be based
upon a calendar month, beginning with the first day of the month. SAFE shall reimburse
CONTRACTOR for Services adequately provided under this Contract within thirty (30) days of
receiving the current period invoice with no errors. If the Invoice is completed incorrectly by the
CONTRACTOR it will delay payment. If SAFE fails to pay any amount owed to CONTRACTOR
under this Contract within thirty (30) days after receipt of the invoice, CONTRACTOR may give
SAFE a notice of failure to pay which shall set forth the invoice(s) and amount(s) which
CONTRACTOR believes are thirty (30) days overdue. SAFE shall pay any undisputed
invoice(s) and amount(s) within thirty (30) days of receipt of a notice of failure to pay.
3.17.9 Right to Audit. For the purpose of determining compliance with this
Contract and other matters connected with the performance of CONTRACTOR’s contracts with
third parties, CONTRACTOR and its subcontractors shall each maintain and make available for
inspection all books, documents, papers, accounting records, and other evidence pertaining to
the performance of such contracts, including, but not limited to, the costs of administering those
various contracts. All of the above referenced parties shall make such materials available at
their respective offices at all reasonable times for three years from the date of final payment of
Funds to CONTRACTOR. SAFE, the State of California acting through the Department of
Transportation or its duly authorized representative, the California State Auditor, or the United
States Department of Transportation shall each have access to any books, records, and
documents that are pertinent for audits, examinations, excerpts, and transactions, and
CONTRACTOR shall furnish copies thereof if requested.
3.17.10 Taxes. CONTRACTOR shall pay any sales, use, or other taxes,
if any, attributable to the provision of the Services.
3.17.11 Travel and Subsistence. Payments to CONTRACTOR for travel
and subsistence expenses claimed for reimbursement or applied as local match credit shall not
exceed rates authorized to be paid exempt non-represented State employees under current
State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess
of those authorized DPA rates, then CONTRACTOR is responsible for the cost difference and
any overpayments shall be reimbursed to SAFE on demand.
3.17.12 Employment Adverse to the SAFE. CONTRACTOR shall notify
SAFE, and shall obtain SAFE’s written consent, prior to accepting work to assist with or
participate in a third-party lawsuit or other legal or administrative proceeding against SAFE
during the term of this Contract.
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3.17.13 Extra Work. At any time during the term of this Contract, SAFE
may request CONTRACTOR to perform Extra Work. “Extra Work” shall mean any work which
is determined by SAFE to be necessary for proper completion of the Services, but which the
Parties did not reasonably anticipate would be necessary at the time of the execution of this
Contract and was not included in the Scope of Services. Extra Work, if any, shall be reimbursed
at the same hourly rate as identified in Section 3.17.3. CONTRACTOR shall not perform, nor
be compensated for Extra Work without obtaining authorization in the form of a written Extra
Work Order issued by SAFE’s Representative. For instance, Construction FSP services as it
relates to construction activity can be considered Extra Work. In the event an Extra Work Order
is not issued and signed by SAFE’s Representative, CONTRACTOR shall not provide such
Extra Work. However, no compensation or reimbursement for Extra Work shall be paid if it is
not authorized by SAFE and if the cumulative total of such Extra Work under the Contract
exceeds $25,000. All Extra Work in a cumulative total in excess of $25,000 must be approved
in advance by amendment to this Contract.
3.17.13.1 Extra Work Cancellation Policy. If a tow operator is
scheduled for Extra Work and they are notified of a cancellation with LESS than a 24 hour
notice – then the tow operator will be reimbursed for three (3) hours of the agreed upon
contract hourly rate. Note: The minimum of the three (3) hours should cover eight hours of the
drivers’ hourly wage. Starting with “Less than a 24 hour cancellation notice” up to the time the
tow operator is on the assigned Extra Work Beat, the “three contract hour cancellation rate”
remains the same. Once the tow operator is on the Extra Work Beat, the cancellation policy
changes.
If a tow operator begins the Extra Work (the truck is on the Beat) and is then notified that Extra
Work has been cancelled, the FSP operator will be paid for the entire shift period up to a
maximum of eight (8) hours. A shift period for this policy is defined as: the time period of the
actual Extra Work shift assigned or for a maximum of eight (8) contract hours, whichever is less.
The supervising FSP CHP Officer for the Extra Work shift will make the final determination as
to whether or not the tow operator will continue to work the Extra Work shift. Regardless, the
tow operator will be reimbursed for the original shift period or a maximum or eight (8) hours,
whichever is less.
3.17.14 Most Favored Customer. CONTRACTOR agrees that, throughout
the term of this Contract, it shall not enter into any FSP services agreement with any
government agency with whom it has either existing contractual relationship or has no
contractual relationship that predates this Contract, pursuant to which CONTRACTOR agrees
to charge FSP services fees less than those as indicated in this Contract for substantially the
same level of FSP services contemplated by this Contract. Should SAFE establish that such
lower fees have been agreed to by CONTRACTOR with another government agency,
CONTRACTOR agrees to renegotiate the fees or to refund SAFE an amount equal to the
difference between the fees indicated in this Contract and the fees charged to other government
agency customer.
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3.17.15 Mobilization Costs Payment. Upon issuance of a limited
Notice to Proceed, a mobilization costs payment in the amount of $ ___(amount)____ will be
made to CONTRACTOR to help offset pre-start-date costs (“Mobilization Payment”).
CONTRACTOR shall pay back the Mobilization Payment in twelve (12) equal monthly
installments to be deducted from CONTRACTOR’s monthly invoice.
In the event of early termination, any unpaid portion of the Mobilization Payment will be withheld
from final payment to the CONTRACTOR.
3.18 Delay in Performance.
3.18.1 Excusable Delays. Neither Party shall be considered in default in
the performance of its obligations to the extent that the performance of any such obligation is
prevented or delayed by an Excusable Delay. Should CONTRACTOR be delayed or prevented
from the timely performance of any act or Services required by the terms of the Contract by an
Excusable Delay, Contractor’s schedule for completion of tasks affected by such delay may be
extended as set forth in Section 3.18.2. But in every case, CONTRACTOR’s failure to perform
must be reasonably beyond the control, and without the fault or negligence of the
CONTRACTOR. Excusable Delays are acts of God or of the public enemy, acts or omissions
of SAFE or other governmental agencies in either their sovereign or contractual capacities,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe
weather.
3.18.2 Written Notice. If CONTRACTOR believes it is entitled to an
extension of time due to conditions set forth in subsection 3.18.1, CONTRACTOR shall provide
written notice to the SAFE within seven (7) working days from the time CONTRACTOR knows,
or reasonably should have known, that performance of the Services will be delayed due to such
conditions. Failure of CONTRACTOR to provide such timely notice shall constitute a waiver by
CONTRACTOR of any right to an excusable delay in time of performance.
3.18.3 Mutual Contract. Performance of any Services under this Contract
may be delayed upon mutual agreement of the Parties. Upon such agreement,
CONTRACTOR's Schedule of Services (as defined in their Proposal) shall be extended as
necessary by SAFE. CONTRACTOR shall take all reasonable steps to minimize delay in
completion, and additional costs, resulting from any such extension.
3.19 Status of CONTRACTOR/Subcontractors.
3.19.1 Independent Contractor. The Services shall be performed by
CONTRACTOR or under its supervision. CONTRACTOR will determine the means, methods
and details of performing the Services subject to the requirements of this Contract. SAFE
retains CONTRACTOR on an independent contractor basis and not as an employee, agent or
representative of the SAFE. CONTRACTOR retains the right to perform similar or different
services for others during the term of this Contract. Any additional personnel performing the
Services under this Contract on behalf of CONTRACTOR shall at all times be under
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CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages, salaries
and other amounts due such personnel in connection with their performance of Services and
as required by law. CONTRACTOR shall be responsible for all reports and obligations
respecting such personnel, including but not limited to, social security taxes, income tax
withholdings, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.19.2 Assignment or Transfer. CONTRACTOR shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Contract or any interest
herein, without the prior written consent of SAFE. 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. Notwithstanding the foregoing, SAFE
may transfer or assign any and all of its rights and obligations under this Contract, including,
without limitation the rights to terminate this Contract, as assigned, pursuant to Section 3.15
hereof.
3.19.3 Subcontracting. CONTRACTOR shall not subcontract any portion
of the work or Services required by this Contract, except as expressly stated herein, including
the Scope of Services, without prior written approval of the SAFE. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Contract. SAFE shall
have no liability to any subconsultant(s) for payment for services under this Contract or other
work performed for CONTRACTOR, and any subcontract entered into by CONTRACTOR
pursuant to the conduct of services under this Contract shall duly note that the responsibility for
payment for the technical services or any other work performed shall be the sole responsibility
of CONTRACTOR.
3.20 CONTRACTOR will maintain an inventory of all non-expendable
equipment, defined as having a useful life of at least two years and an acquisition cost of $500
or more, paid for with funds provided pursuant to this Contract.
3.21 Ownership of Materials and Confidentiality.
3.21.1 Documents & Data; Licensing of Intellectual Property. All 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, spreadsheets, or data magnetically or otherwise recorded on computer diskettes,
prepared by or on behalf of CONTRACTOR under this Contract (“Documents and Data”), shall
be made available to SAFE at all times during this Contract and shall become the property of
SAFE upon the completion of the term of this Contract, except that CONTRACTOR shall have
the right to retain copies of all such Documents and Data for its records. Should
CONTRACTOR, either during or following termination of this Contract, desire to use any
Documents and Data, it shall first obtain the written approval of SAFE. This Contract creates a
no-cost, nonexclusive, and perpetual license for SAFE to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in the
Documents and Data which are prepared or caused to be prepared by CONTRACTOR under
this Contract (“Intellectual Property”). CONTRACTOR shall require all subcontractors to agree
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in writing that SAFE is granted a no-cost, nonexclusive, and perpetual license for any
Intellectual Property the subcontractor prepares under this Contract. CONTRACTOR
represents and warrants that CONTRACTOR has the legal right to license any and all
Intellectual Property prepared or caused to be prepared by CONTRACTOR under this Contract.
SAFE shall not be limited in any way in its use of the Intellectual Property at any time, provided
that any such use not within the purposes intended by this Contract shall be at SAFE's sole
risk.
3.21.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to CONTRACTOR in
connection with the performance of this Contract shall be held confidential by CONTRACTOR
to the extent permitted by law, including, without limitation, the California Public Records Act,
Government Code section 6250 et seq. Such materials shall not, without the prior written
consent of SAFE, be used by CONTRACTOR for any purposes other than the performance of
the Services as provided herein. Nor shall such materials be disclosed to any person or entity
not connected with the performance of the Services, except as provided herein. Nothing
furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is generally
known, or becomes known, to the related industry shall be deemed confidential.
CONTRACTOR shall not use SAFE's name or insignia, photographs, or any publicity pertaining
to the Services in any magazine, trade paper, newspaper, television or radio production, or
other similar medium without the prior written consent of SAFE.
3.22 Indemnification. CONTRACTOR shall indemnify and hold SAFE,
COMMISSION, CHP, Caltrans and their directors, officials, officers, agents, contractors,
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, any
acts, omissions, or willful misconduct of the CONTRACTOR, its officials, officers, employees,
agents, consultants, and contractors arising out of or in connection with the performance of the
Services or this Contract, including without limitation, the payment of all consequential damages
and other related costs and expenses. CONTRACTOR shall defend, at CONTRACTOR’s own
cost, expense and risk, any and all such aforesaid suits, actions, or other legal proceedings of
every kind that may be brought or instituted against SAFE, COMMISSION, CHP, Caltrans or
their directors, officials, officers, agents, contractors, consultants, employees, and volunteers.
CONTRACTOR shall pay and satisfy any judgment, award, or decree that may be rendered
against SAFE, COMMISSION, CHP, Caltrans or their directors, officials, officers, agents,
consultants, employees, and volunteers, in any such suit, action, or other legal proceeding.
CONTRACTOR shall reimburse SAFE, COMMISSION, CHP, Caltrans and their directors,
officials, officers, agents, consultants, employees, and volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. CONTRACTOR’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the CONTRACTOR, SAFE, COMMISSION, CHP,
Caltrans or their directors, officials, officers, agents, consultants, employees, and volunteers.
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3.23 Insurance.
3.23.1 Time for Compliance. CONTRACTOR shall not commence work
under this Agreement until it has provided evidence satisfactory to SAFE that it has secured all
insurance required under this section, in a form and with insurance companies acceptable to
SAFE. In addition, CONTRACTOR shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
3.23.2 Minimum Requirements. CONTRACTOR 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 performance of
the Agreement by the CONTRACTOR, its agents, representatives, employees or
subcontractors. CONTRACTOR 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 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code
1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation insurance as required by the State of California and Employer’s
Liability Insurance.
(B) Minimum Limits of Insurance. CONTRACTOR shall maintain limits
no less than:
(i) General Liability:
Per occurrence: $2,000,000
Project Specific Aggregate: $4,000,000
Products/Completed Operations: $1,000,000
Personal Injury Limit: $1,000,000
(ii) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage; and
(iii) 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.
3.23.3 On-Hook Insurance & Garage Keepers Liability Coverage.
(A) CONTRACTOR shall maintain a policy of On-Hook Towing
Insurance to include the care, custody or control exposure present while vehicles are being
serviced roadside, on-hook, or in a storage yard for not less than one hundred thousand dollars
($100,000).
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(B) CONTRACTOR shall maintain a policy of Garage Keepers Liability
Insurance which shall include coverage for vehicles in the care, custody and control of the
CONTRACTOR with limits of liability not less than $500,000 per occurrence for property
damage.
3.23.4 Insurance Endorsements. The insurance policies shall contain the
following provisions, or CONTRACTOR shall provide endorsements on forms approved by
SAFE to add the following provisions to the insurance policies:
(A) General Liability.
(i) Commercial General Liability Insurance must include coverage for
(1) bodily Injury and property damage; (2) personal Injury/advertising Injury; (3)
premises/operations liability; (4) products/completed operations liability; (5) aggregate limits
that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7)
contractual liability with respect to this Agreement; (8) broad form property damage; and (9)
independent consultants coverage.
(ii) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; or (3) contain any other exclusion contrary to this Agreement.
(iii) The policy shall give SAFE, COMMISSION, CHP, Caltrans and their
directors, officials, officers, employees, and agents insured status using ISO endorsement
forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy shall be “primary
and non-contributory” and will not seek contribution from SAFE, COMMISSION, CHP, or
Caltrans insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or
endorsements providing the exact same coverage.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) SAFE, COMMISSION, CHP, Caltrans and their 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 CONTRACTOR or for which the CONTRACTOR is responsible; and (2) the
insurance coverage shall be primary insurance as respects SAFE, COMMISSION, CHP,
Caltrans and their directors, officials, officers, employees and agents, or if excess, shall stand
in an unbroken chain of coverage excess of the CONTRACTOR’s scheduled underlying
coverage. Any insurance or self-insurance maintained by SAFE, COMMISSION, CHP,
Caltrans or their directors, officials, officers, employees and agents shall be excess of the
CONTRACTOR’s insurance and shall not be called upon to contribute with it in any way.
(C) Workers’ Compensation and Employers Liability Coverage.
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(i) CONTRACTOR certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) The insurer shall agree to waive all rights of subrogation against
SAFE, its directors, officials, officers, employees and agents for losses paid under the terms of
the insurance policy which arise from work performed by the CONTRACTOR.
(D) All Coverages.
(i) Defense costs shall be payable in addition to the limits set forth
hereunder.
(ii) Requirements of specific coverage or limits contained in this section
are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any
coverage normally provided by any insurance. It shall be a requirement under this Agreement
that any available insurance proceeds broader than or in excess of the specified minimum
insurance coverage requirements and/or limits set forth herein shall be available to SAFE, its
directors, officials, officers, employees and agents as additional insureds under said policies.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and
limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the named insured; whichever is greater.
(iii) The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of SAFE, COMMISSION, CHP,
and Caltrans (if agreed to in a written contract or agreement) before SAFE, COMMISSION,
CHP or Caltrans own insurance or self-insurance shall be called upon to protect it as a named
insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage
at least as broad as provided on the underlying policy(ies).
(iv) CONTRACTOR shall provide SAFE at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
CONTRACTOR shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the CONTRACTOR shall deliver renewal
certificate(s) including the General Liability Additional Insured Endorsement to SAFE at least
ten (10) days prior to the effective date of cancellation or expiration.
(v) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. CONTRACTOR shall maintain such coverage continuously
for a period of at least three years after the completion of the work under this Agreement.
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CONTRACTOR shall purchase a one (1) year extended reporting period A) if the retroactive
date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not
renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date
subsequent to the effective date of this Agreement.
(vi) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by CONTRACTOR, and any approval of said insurance by SAFE,
is not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the CONTRACTOR pursuant to this Agreement, including but not limited
to, the provisions concerning indemnification.
(vii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, SAFE has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by SAFE will be promptly reimbursed by CONTRACTOR or
SAFE will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the
alternative, SAFE may cancel this Agreement. SAFE may require the CONTRACTOR to
provide complete copies of all insurance policies in effect for the duration of the Project.
(viii) Neither SAFE, COMMISSION, CHP, Caltrans nor any of their
directors, officials, officers, employees or agents shall be personally responsible for any liability
arising under or by virtue of this Agreement.
Each insurance policy required by this Agreement shall be endorsed to
state that:
3.23.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by SAFE. If SAFE does not approve
the deductibles or self-insured retentions as presented, CONTRACTOR shall guarantee that,
at the option of SAFE, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects SAFE, its directors, officials, officers, employees and agents; or,
(2) the CONTRACTOR shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.23.6 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 SAFE.
3.23.7 Verification of Coverage. CONTRACTOR shall furnish SAFE with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to SAFE. 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 SAFE before work
commences. SAFE reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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3.23.8 Subcontractor Insurance Requirements. CONTRACTOR shall not
allow any subcontractors to commence work on any subcontract until they have provided
evidence satisfactory to SAFE that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subcontractors shall be endorsed to name SAFE, COMMISSION, CHP and Caltrans as
additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by CONTRACTOR, SAFE may approve different scopes or
minimum limits of insurance for particular subcontractors or subcontractors.
3.23.9 Review of Coverage. SAFE retains the right at any time to review
the coverage, form and amount of insurance required herein and may require CONTRACTOR
to obtain additional insurance reasonably sufficient in coverage, form, amount to provide
adequate protection against the kind and extent of risk which exists at the time of change in
insurance required.
3.23.10 Safety. CONTRACTOR shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
CONTRACTOR 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.
3.24 Prohibited Interests.
3.24.1 Solicitation. CONTRACTOR maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for CONTRACTOR, to solicit or secure this Contract. Further, CONTRACTOR warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for CONTRACTOR, any fee, percentage, brokerage fee, gift, or other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranty, SAFE shall have the right to rescind this Contract without
liability.
3.24.2 Conflict of Interest. For the term of this Contract, no member, officer
or employee of SAFE, during the term of his or her service with SAFE, shall have any direct
interest in this Contract, or obtain any present or anticipated material benefit arising therefrom.
3.24.3 Conflict of Employment. Employment by the CONTRACTOR of
personnel currently on the payroll of SAFE shall not be permitted in the performance of this
Contract, even though such employment may occur outside of the employee's regular working
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hours or on weekends, holidays, or vacation time. Further, the employment by the
CONTRACTOR of personnel who have been on SAFE payroll within one year prior to the date
of execution of this Contract, where this employment is caused by, and or dependent upon, the
CONTRACTOR securing this or related Contracts with SAFE, is prohibited.
3.25 Nondiscrimination; Equal Opportunity Employment. CONTRACTOR shall
not deny any benefits of this Contract on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, nor shall CONTRACTOR unlawfully discriminate, harass, or allow harassment
against any subcontractor, employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status.
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. Employment and Housing Act (Gov. Code Section 12900 et seq.) and
the applicable regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Section 7285.0 et
seq.): The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code, Sec 12900, set forth in Chapter 5 of Division 4 of Title 2 of
the California Administrative Code are incorporated into this Contract by reference and made a
part hereof as if set forth in full. CONTRACTOR shall include the provisions of this Section in
all of CONTRACTOR’s subcontracts with respect to work under this Agreement, unless
exempted by the Regulations. CONTRACTOR shall also comply with all relevant provisions of
SAFE's Minority Business Enterprise program, Affirmative Action Plan, or other related SAFE
programs or guidelines currently in effect or hereinafter enacted.
3.26 Right to Employ Other CONTRACTORs. SAFE reserves the right to
employ other CONTRACTORs in connection with the Services.
3.27 Governing Law. The validity of this Contract and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be governed by and
construed with the laws of the State of California.
3.28 Venue. The Parties acknowledge and agree that this Contract was entered
into and intended to be performed in Riverside County, California. The Parties agree that the
venue for any action or claim brought by any Party will be the Central District of Riverside
County. Each Party hereby waives any law or rule of court which would allow them to request
or demand a change of venue. If any action or claim concerning this Contract is brought by any
third party, the Parties agree to use their best efforts to obtain a change of venue to the Central
District of Riverside County.
3.29 Time of Essence. Time is of the essence for each and every provision of
this Contract.
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3.30 Headings. Article and section headings, paragraph captions, or marginal
headings contained in this Contract are for convenience only and shall have no effect in the
construction or interpretation of any provision herein.
3.31 Notices. All notices hereunder and communications regarding
interpretation of the terms of this Contract or changes thereto shall be given to the respective
Parties at the following addresses, or at such other addresses as the respective Parties may
provide in writing for this purpose:
CONTRACTOR:
Royal Coaches Auto Body &
Towing
14827 Ramona Blvd.
Baldwin Park, CA 91706
Attn: William Salazar__
SAFE:
Riverside County Service Authority
for Freeway Emergencies
FSP Program
P.O. Box 12008
Riverside, CA
92502-2208
Attn: Brian Cunanan
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.
3.32 Electronic Delivery of Agreement. A manually signed copy of this
Agreement which is transmitted by facsimile, email or other means of electronic transmission
shall be deemed to have the same legal effect as delivery of an original executed copy of the
Agreement for all purposes.
3.33 Amendment or Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.34 Entire Contract. This Agreement contains the entire Agreement of the
Parties relating to the subject matter hereof and supersedes all prior negotiations, contracts or
understandings.
3.35 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.
3.36 No Waiver. Failure of CONTRACTOR 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.
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3.37 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 CONTRACTOR or the Services are not subject to the Eight-
Hour Law. CONTRACTOR shall forfeit to SAFE 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 CONTRACTOR or the
Services are not subject to the Eight-Hour Law.
3.38 Subpoenas or Court Orders. Should CONTRACTOR receive a subpoena or
court order related to this Agreement, the Services or the Project, CONTRACTOR shall
immediately provide written notice of the subpoena or court order to the SAFE. CONTRACTOR
shall not respond to any such subpoena or court order until notice to the SAFE is provided as
required herein and shall cooperate with the SAFE in responding to the subpoena or court
order.
3.39 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.
3.40 Counterparts. This Agreement may be signed in one or more counterparts,
any one of which shall be effective as an original document.
3.41 Incorporation of Recitals. The recitals set forth above are true and correct
and are incorporated into this Agreement as though fully set forth herein.
3.42 Conflicting Provisions. In the event that provisions of any attached exhibits
conflict in any way with the provisions set forth in this Agreement, the language, terms and
conditions contained in this Agreement shall control the actions and obligations of the Parties
and the interpretation of the Parties’ understanding concerning the performance of the Services.
In the event the standards set forth in this Agreement conflict with the standards set forth in any
exhibit hereto, the higher standard shall govern.
3.43 Attorneys' Fees and Costs. If any legal action is instituted to enforce or
declare any Party's rights hereunder, each Party, including the prevailing Party, must bear its
own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys'
fees directly arising from any third party legal action against a Party hereto and payable under
Section 3.21, Indemnification.
3.44 Consent. Whenever consent or approval of any Party is required under
this Contract, that Party shall not unreasonably withhold nor delay such consent or approval.
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3.45 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
[Signatures on following page]
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SIGNATURE PAGE
TO AGREEMENT 23-45-014-00
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
herein written above.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION [LEGAL STATUS OF CONTRACTOR]
ACTING AS THE
RIVERSIDE COUNTY SERVICE
AUTHORITY FOR FREEWAY
EMERGENCIES
By: ____________________________ By: _____________________________
RCTC Chair
_____________________________
Name
_____________________________
Title
APPROVED AS TO FORM: Attest:
By: ____________________________ By: ____________________________
Best Best & Krieger LLP,
Counsel to the Riverside County Its: Secretary
Service Authority for
Freeway Emergencies
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EXHIBIT “A”
Scope of Services
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SCOPE OF SERVICES
1.0 GENERAL INFORMATION
1.1 Background & Introduction
In 1986, the Commission established itself as the Riverside County Service Authority for
Freeway Emergencies (RC SAFE) after the enactment of SB 1199 in 1985. The purpose
of the formation of SAFEs in California was to provide call box services and, with excess
funds, provide additional motorist aid services. Funding for RC SAFE is derived from a
one dollar per vehicle registration fee on vehicles registered in Riverside County. Initially,
these funds were used only for the call box program. As additional motorist aid services
were developed, SAFE funds were also used to provide Freeway Service Patrol (FSP)
and the Inland Empire 511 traveler information services as part of a comprehensive
motorist aid system in Riverside County.
In 1990, Proposition C was passed to fund transportation improvements and to help
reduce traffic congestion in California. From this, the FSP program was created by
Caltrans, which developed the corresponding Local Funding Allocation Plan to distribute
funds to participating jurisdictions. In addition to funding received from Caltrans,
agencies are required to contribute a 25 percent local match. For the Commission, SAFE
revenues are used to meet this match requirement.
The Commission, acting in its capacity as the SAFE, is the principal agency in Riverside
County, in partnership with Caltrans and the California Highway Patrol (CHP), managing
the FSP program. The purpose of the FSP program is to provide a continuously roving
tow services patrol along designated freeway segments (referred to as beats) to relieve
freeway congestion and facilitate the rapid removal of disabled vehicles and those
involved in minor accidents on local freeways. Contracts to provide FSP tow service are
competitively bid as needed for each beat.
1.2 Project Description
The purpose of the FSP program is to provide a continuous roving patrol for the rapid
removal of disabled vehicles and those involved in minor accidents from the freeway.
Where traffic conditions permit, safe removal of small debris will be required. Vehicle
operators shall be responsible for clearing the freeway of automobiles, small trucks, and
small debris. When and where conditions warrant, service may be executed on the
freeway shoulders. Where conditions do not warrant, vehicle operators will remove the
vehicles from the freeway to provide service. FSP vehicles shall continuously patrol their
assigned beat, respond to CHP calls for Services, use the designated turnaround
locations, and use the CHP identified designated drop locations.
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FSP vehicle operators may be required to perform minor services such as change flat
tires, provide "jump" starts, provide one gallon of gasoline or diesel fuel, temporarily tape
cooling system hoses, and refill radiators in a safe and efficient manner. Vehicle
operators may spend a maximum of ten (10) minutes per disablement in attempting to
mobilize a vehicle.
If a disabled vehicle cannot be mobilized within the ten-minute (10) time limit, it shall be
towed to a designated drop location identified by the CHP. The motorist can request the
FSP vehicle operator to call the CHP Communications Center to request a CHP
rotational tow or other services. FSP vehicle operators shall not be allowed to tow as an
independent contractor from an incident that occurred during the FSP shift unless called
as a rotation tow by CHP after the FSP shift has ended. If called as a rotation tow after
a FSP shift, the vehicle operator must remove all FSP markings such as vests, uniforms,
and magnetic vehicle signage.
There may be some instances where FSP operators may be requested to provide
assistance to CHP officers. FSP operators shall follow the instructions of the CHP officer
at the scene of any incident within the scope of the FSP program.
All FSP services shall be provided at no cost to the motorist. FSP vehicle operators shall
not accept gratuities, perform secondary towing services, recommend secondary tows,
or recommend repair/body shop businesses.
Freeway Service Patrol hours of operation are 5:30 a.m. to 8:30 a.m. and 2:30 p.m. to
6:30 p.m., Monday through Thursday; and 5:30 a.m. to 8:30 a.m. and 12:30 p.m. to 6:30
p.m. on Friday. Contractor vehicles shall be exclusively dedicated to the service during
FSP service hours. All vehicle maintenance activities shall be conducted during non-
service hours.
The FSP operates on selected freeway segments referred to as “Beats”. Each Beat has
specific turnaround locations and designated drop locations identified by the California
Highway Patrol (CHP). The Scope of Services (Section 2.0) hereunder identifies the
specific limits, number of tow trucks, number of back-up trucks, hours of operation, and
tentative holidays on which the cost of each beat shall be based. RCTC reserves the
right to add or delete holidays to the work schedule. Travel time to and from the Beat
will be at the expense of the Contractor.
To be awarded a contract, a Contractor must have a tow facility within close
proximity to the service area, have been in business as a tow service operator for
a minimum of five (5) years, and have a minimum of one (1) full year experience
working under contract/agreement and in good standing within the last three (3)
years with any type of law enforcement agency.
A Contractor with no prior FSP experience shall be considered NEW and may only be
awarded one FSP beat. A Contractor that has been terminated for cause from any FSP
contract within the state shall not be eligible to participate in the Riverside County FSP
program. A NEW Contractor, who remains in good standing, as determined by FSP
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management, may be considered for additional beat awards in future procurements. An
existing Contractor that is not in good standing as determined by information received
by the FSP management staff at the time of their proposal may, at the discretion of FSP
management, be limited to the number of beats the Contractor is awarded, including not
being awarded any beats.
FSP Management Staff reserves the right to limit the number of beats awarded to
one Contractor.
At any time during the contract's term, RCTC reserves the right to adjust Beat
specifications and Beat hours to better accommodate demand for the service, or the
availability of funding. These changes can occur during the course of the contract
through written change orders. If warranted during the service hours of operation, the
Contractor may be requested to temporarily reassign his/her FSP operators/trucks to
locations outside its assigned Beat. Tow Operators may be permitted to do this only
upon CHP and/or RCTC approval. FSP vehicle operators shall follow the instructions of
the CHP officer at the scene of any incident within the scope of the FSP program.
The contract start date for Beats 20 and 35 shall be August 30, 2023. The first day
of FSP service is Wednesday, August 30, 2023. These are 5-year contracts that
expire on August 31, 2028.
If awarded a contract, the Contractor shall have two hundred sixteen (216) calendar days
for Beat 20 and 35, after the notice of award (notice of award tentatively expected on or
around January 11, 2023), in which to acquire the required equipment and hire and train
vehicle operators. The Contractor shall have the appropriate number of primary and
back-up trucks ready for equipment installation and CHP inspection no later than August
15, 2023. Any company that cannot meet the above-mentioned requirements shall not
be awarded the contract(s).
2.0 Beat Description/Summary
FSP operates on selected freeway segments referred to as “beats”. Each beat has
specific turnaround locations and designated drop locations identified by the CHP. The
specific limits, number of tow trucks, number of back-up trucks and hours of operation,
including the holiday schedule, are detailed below. SAFE reserves the right to add or
delete holidays to the work schedule, provided that SAFE provides CONTRACTOR
seven (7) days advanced notice of such addition or deletion. Travel time to and from the
beat will be at the expense of the CONTRACTOR.
At any time, SAFE reserves the right to adjust beat specifications to better accommodate
demand for the Services, or availability of funding. These changes can occur during the
course of this Contract through written change orders. If warranted and during the hours
of operation of the Services, the CONTRACTOR may be requested to temporarily
reassign his/her FSP operators/trucks to locations outside the assigned beat.
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103
FSP
Beat
#
Beat Description
One-Way
Length
in Miles
# Primary
FSP Trucks
in both AM
and PM
#
Backup
FSP
Trucks
20 I-215 from SR-74/W 4th St. to
Murrieta Hot Springs 16.8 2 1
35 I-15 from SR-74 to Temecula
Parkway/79S 18.9 2 1
2.1 Hours of Operation:
Monday through Thursday: 5:30 a.m. to 8:30 a.m., and from 2:30 p.m. to 6:30 p.m.
Friday: 5:30 a.m. to 8:30 a.m., and from 12:30 p.m. to 6:30 p.m.
Each Beat requires at least one backup truck available at all times. RCTC
reserves the right to change Beat hours and operational requirements
during the course of the contract.
a. Total estimated service hours per vehicle/per year: 1,950
b. In addition to the above service hours, at the discretion of RCTC and CHP,
additional service may be requested on certain “high traffic days” on/or
following certain holidays (e.g. July 4th, Labor Day, and Memorial Day).
Contractor will be notified at least one week prior to when this service is to
be provided.
During FSP shifts that require a 30-minute meal period break to be provided pursuant to
Labor Code section 512, the Contractor shall either make arrangements for another
certified FSP driver to provide the contracted FSP coverage during those breaks or not
be compensated for each 30-minute meal period break during which FSP service is not
provided. In no case shall the Contractor be entitled to compensation from RCTC for
time during which its FSP driver is taking a 30-minute meal period break, unless the
Contractor has provided another driver to cover this 30-minute meal period break.
2.2 Holiday Schedule
Proposer shall submit its cost proposal for provision of the required FSP tow
services five days each week, Monday through Friday, of each year during the
contract term, except for the following ten (10) holidays:
1. Martin Luther King, Jr. Day (Monday)
2. Presidents’ Day (Monday)
3. Memorial Day (Monday)
4. Independence Day (July 4 - varies)
5. Labor Day (Monday)
6. Veterans Day (varies)
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7. Thanksgiving Day (Thursday)
8. Day after Thanksgiving (Friday)
9. Christmas Day (December 25 - varies)
10. New Year’s Day (January 1 – varies)
3.0 FSP Management and Representatives
RCTC has entered into a Memorandum of Understanding with the California Department
of Transportation (Caltrans) and CHP, in order to provide peak hour freeway service
patrols on selected freeway segments for traffic mitigation, as well as air quality
improvement within Riverside County. RCTC, Caltrans, and CHP will jointly oversee the
service. RCTC serves as the contract administrator and funding partner; Caltrans
provides oversight; and CHP is responsible for the daily operations and field supervision
of the program.
Authority for FSP derives from (a) Section 21718 (A) of the California Vehicle Code,
which allows FSP trucks supervised by the CHP to stop on freeways for the purpose of
rapid removal of impediments to traffic, and (b) Article 3, Section 91, of the Streets and
Highways Code, which states that Caltrans is responsible for traffic management and
removing impediments from the highways, as well as improving and maintaining the
state highways.
3.1 Standard Operating Procedures
The guidelines and policies of the FSP program, which promote a safe work environment
and maintain a level of professionalism, are contained in the Standard Operating
Procedures (SOP) manual developed by the CHP. The SOP and any updates to it are
incorporated into the contract with RCTC, therefore, the Contractor and their vehicle
operators are responsible to operate and adhere to the most recent version of the SOP
at all times.
Contractor shall be held responsible for maintaining an updated SOP (latest version
issued with the RFP), which is incorporated herein by reference. SOP revisions and
updates shall be unilaterally issued by RCTC or CHP, as deemed necessary by CHP or
the FSP Technical Advisory Committee, and all changes, revisions and updates to the
SOP, if any, shall supersede all previous or existing SOPs. A copy of the SOP is included
as part of the original RFP package and additional hard or soft copies can be provided
to all interested parties upon request.
Vehicle operators or trucks found not to be in compliance with FSP procedures
defined in the SOP may be penalized, suspended, and/or terminated from the FSP
program and the company may also be assessed liquidated damages amounts for
said violations as described herein. Liquidated damages are inclusive of other
remedies at law and/or those described under the terms of the contract.
Refer to Proposal Pricing Form for further details on violations and penalties.
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4.0 Vehicles
4.1 Tow Truck Requirements
Primary and back-up FSP tow trucks shall be exclusively dedicated to the FSP program
during FSP service hours of operation. They are not required to be exclusive during non-
FSP hours. All vehicle maintenance activities shall be conducted during non-Service
hours. When conducting the Services on a FSP shift, the CONTRACTOR’s vehicle
shall display all FSP markings and the vehicle operator shall wear a FSP uniform.
The FSP will utilize, at a minimum, Class A tow trucks with a minimum gross vehicle
weight rating of 14,000 pounds, dual wheel chassis, and a four (4) ton recovery
equipment rating. All trucks proposed for use in the FSP Program must be less than one
(1) year old with a maximum of 50,000 miles on the chassis and working parts of the
truck at the onset of the contract, free of any mechanical defects or physical damage and
have a clear (non-salvage) title. Extenuating circumstances dictating departure from this
specification should be at the consensus of the local FSP partners. The CHP, in
conjunction with Caltrans or the regional transportation agency, should verify the original
purchase dates to ensure compliance. Lastly the truck shall have seating capabilities for
five (5) adults.
All FSP tow trucks must be Department of Transportation (DOT) compliant, as well as
California Air Resources Board (CARB) compliant. This includes an engine that has
been certified by CARB, as required by law in the State of California. Any tow truck that
is utilized for the FSP Program must comply with emission standards set forth by DOT
and CARB, as well as all local, state, and federal laws associated with that truck and as
outlined in the RFP.
Each tow truck shall be equipped in accordance with the CHP’s Freeway Service Patrol
Manual and Standard Operating Procedures Manual and, at a minimum, shall include
the following:
a. Equipment & Supplies (Required)
1. Wheel lift towing equipment, with a minimum lift rating of 4,000 pounds, with
wheel lift extended. All tow equipment shall include proper safety straps.
2. Boom with a minimum static rating of 8,000 pounds.
3. Winch Cable - 8,000 pound rating on the first layer of cable.
4. Wire rope – 100ft., 3/8 inch diameter, 6 x19 or OEM specifications.
5. Two (2) Tow chains 3/8" alloy or OEM specs., J/T hook assembly.
6. Rubber faced push bumper.
7. Mounted spotlight capable of directing a beam both front and rear.
8. Amber warning lights with front and rear directional flashing capability, with
on/off switch in cab.
9. Public address system.
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10. Power outlets ("hot boxes"), front and rear mounted, with outlets compatible
to 12-volt booster cables.
11. Heavy duty, 60+ amp battery.
12. Radios with the ability to communicate with the Contractor's base office
(Verizon).
13. Programmable scanners capable of scanning between the 39 and 48 MHz
used by the CHP. Scanners need to be capable of scanning CHP Police
frequencies, and must be mounted for safety concerns.
14. Suitable cab lighting.
15. Trailer hitch capable of handling a 1 7/8-inch ball and 2 inch ball.
16. One (1) 1 7/8-inch ball and one (1) 2 inch ball.
17. Rear work lights. (4)
18. Safety chain D-ring or eyelet mounted on rear of truck.
19. Motorcycle straps. (2)
20. Diesel fuel in plastic jerry cans. (5 gallons)
21. Unleaded gasoline in plastic jerry cans. (5 gallons)
22. Safety chains min. 5ft. min. 5/16” Alloy or OEM Spec. (2)
23. First aid kit (small 5" x 9"). (1)
24. Fire extinguisher aggregate rating of at least 4 B-C units. (1)
25. Pry bar - 36" or longer. (1)
26. Radiator water in plastic container. (5 gallons)
27. 4" x 4" x 48" wooden cross beam. (1)
28. 4" x 4" x 60" wooden cross beam. (1)
29. 24" wide street broom. (1)
30. Square point shovel. (1)
31. Highway flares 360 minutes min.
32. Cones 18" height, reflectorized with tape.
33. Hydraulic Floor Jack: 2-ton AND
34. 2-ton jack stand
35. Wheel chock
36. Four-way lug wrench (1 std.). (1)
37. Four-way lug wrench (1 metric). (1)
38. Rechargeable compressor or refillable air bottle, hoses and (1)
fittings to fit tire valve stems, 100 psi capacity.
39. Flashlight and spare batteries. (1)
40. Flashlight and spare batteries or charger (1)
41. Tail lamps/stop lamps, portable remote with extension cord. (1 set)
42. Booster cables, 25 ft. long minimum, 3-gauge copper wire (1 set)
with heavy-duty clamps and one end adapted to truck's
power outlets.
43. Funnel, multi-purpose, flexible spout. (1)
44. Pop-Up dolly (with tow straps), minimum rating of (1)
3,900 pounds portable for removing otherwise un-towable
vehicles.
45. Dolly steel pry bar (1)
46. 5-gallon can with lid filled with clean absorb-all. (1)
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47. Empty trash can with lid (5 gallon). (1)
48. Lock out set. (1)
49. Safety glasses.
b. Equipment & Supplies (Recommended)
50. Towing slings rated at 3,000 pounds minimum. RECOMMENDED
51. Sling crossbar spacer blocks. RECOMMENDED (2)
c. Tools (Required)
Each FSP truck will be required to have a toolbox with the following minimum number of
tools/supplies. A tool kit for small equipment items is required. The list may be
supplemented at the Contractor's option and expense.
52. Screwdrivers--
i. Standard-1/8", 3/16", 1/4", 5/16" (1 each, min).
ii. Phillips head - #1 and #2 (1 each, min).
53. Needle nose pliers (1)
54. Adjustable rib joint pliers, 2" min. capacity (1)
55. Crescent wrench - 8" (1)
56. Crescent wrench - 12" (1)
57. 4 lb. hammer (1)
58. Rubber mallet (1)
59. Electrical tape, roll (1)
60. Duct tape, 20 yard roll (1)
61. Tire pressure gauge (1)
62. Mechanic's wire (roll) (1)
63. Bolt cutters (1)
4.2 Tow Truck Appearance
FSP vehicles bearing the FSP title, logo, and vehicle identification number shall be
painted white (includes the hood, fenders, doors, boom, and bed area – the entire truck
is to be painted white). No trim is allowed. Lettering shall be in a blocked bold style
parallel to the ground and shall be no less than 2 inches by 2 inches and no greater than
4 inches in height. Lettering can only be black in color (no other colors will be permitted).
Letters shall be placed on the lower body of the truck toward the cab. Contractor’s name
on the boom is prohibited. The overall look of the truck must be approved by CHP prior
to service implementation; therefore, any questions regarding this policy may be
discussed with CHP prior to implementing, as truck compliance with current state FSP
standards is required. No other accessory equipment, signage, or advertisements (mud
flaps, stickers, employment advertisement, and so forth) shall be mounted or installed
without prior CHP approval. This includes, but is not limited to: bras or window tint.
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It shall be the vehicle operator’s responsibility to place detachable FSP markings on each
vehicle during FSP service hours and to remove the detachable markings immediately
upon completion of each shift. RCTC will supply each Contractor with the appropriate
number of detachable markings for each Beat(s). If a marking is lost or damaged, the
Contractor shall be responsible for the cost of the replacement markings. All FSP
markings shall be returned at the termination of the contract. The cost of any RCTC
and/or Caltrans/CHP supplied item and/or equipment not returned shall be deducted
from the Contractor's final payment.
FSP markings, as well as vehicle numbers, shall be required on both sides of all trucks.
The detachable markings (magnetic FSP signage) provided by RCTC, must be placed
on the center of the driver and passenger doors of the vehicle. The vehicle operator
shall be required to keep the title and logos clean, straight, and in readable condition
throughout the FSP shift. The operator is also required to keep the magnetic signage
flat (do not bend in any way), clean, and out of direct sunlight while being stored during
non-FSP operational hours.
4.3 Vehicle Inspections
Prior to commencement of service, the CHP will inspect each vehicle designated for the
FSP to ensure that it meets the vehicle specifications and to ensure that it meets or
exceeds safety requirements. These inspections will occur prior to the start of service.
Succeeding inspections will occur periodically as determined by the CHP.
Documentation of the vehicle identification number and successful completion of the
inspection will be kept on file at the CHP office and Contractor's base office.
Any unsafe, poorly maintained, or improperly equipped vehicle(s) shall be removed from
service, and if discovered to be in such a condition during the shift said vehicle(s) shall
be removed from service or repaired as directed by the CHP, and the Contractor shall
be fined three (3) times the hourly contract rate in one (1) minute increments for
the remainder of that shift, plus the loss of revenue for the down time. Spare
vehicles, also known as “back-ups”, will be required to complete the shifts of vehicles
removed from service. The Contractor will be required to have a spare FSP vehicle
available for service for the duration of each and every FSP shift.
The vehicle operator shall be required to complete a pre-operation shift inspection log of
the vehicle as well as inventory the required equipment prior to the start of each and
every shift. The vehicle operator shall be required to complete a driver log, which is used
to track the mileage. A shift inspection/inventory log shall be completed by the vehicle
operator prior to the start of each shift and be available for inspection. Any item missing
must be replaced prior to the start of the shift. All equipment stored on top of the truck
shall be secured to the truck.
4.4 Spare/Back-Up Vehicles
The Contractor shall be required to have one FSP Certified Back-Up tow truck available
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per Beat during FSP service hours that is in full compliance with the agreement, unless
otherwise authorized by RCTC and CHP in writing. During FSP service hours, the spare
vehicle shall be kept at the Contractor’s yard or staged adjacent to the assigned beat.
The FSP Certified Back-Up tow truck should be used when a Certified Primary FSP tow
truck is unavailable. The FSP Certified Back-Up tow truck shall meet the same
requirements for equipment, set-up, and color as the Certified Primary FSP tow truck. It
shall meet all the vehicle equipment specifications. Refer to Attachment H for further
details on violations and penalties.
4.5 Vehicle Breakdown and Other Missed Service
The spare vehicle must be in service on the Beat within 45 minutes of the time a
permanently dedicated vehicle is taken out of service for any reason. The Contractor
shall not be paid for the time period that the contractually required trucks are not in
service. If a vehicle is not made available within the required 45-minute time
period, the Contractor shall be fined three (3) times the hourly contract rate in one
(1) minute increments for every minute that exceeds the 45 minute replacement
period until a certified FSP compliant spare/back-up vehicle is provided. If a truck
is not ready due to breakdown at the start of a shift, the fine time will be calculated
from the start of the shift until a replacement is placed into service. If the entire
shift is missed, Contractor shall be fined for the entire shift at three (3) times the
hourly rate times the total minutes for the affected shift.
Vehicle maintenance shall be performed during non-FSP service hours. In
addition, not having a certified FSP “spare or back-up” vehicle operator available
is not an allowable excuse for not having a spare (back-up) vehicle on the beat
within the 45-minute time period. If the Contractor does not have a dedicated or
spare truck on the Beat because a certified FSP vehicle operator is not available,
the Contractor shall be fined three (3) times the hourly contract rate in one (1)
minute increments until a certified FSP replacement vehicle operator is provided.
If the entire shift is missed because a vehicle operator was not available, the
Contractor shall be fined for the entire shift at three (3) times the hourly rate times
the total minutes for the affected shift.
5.0 Communications Equipment and Computers
5.1 Communications Equipment
Each FSP vehicle shall be equipped with various communication devices that will enable
the vehicle operator to communicate with the CHP Communications Center. All vehicles
shall be equipped with an Automatic Vehicle Location (AVL) system, radios, and Data
Collection Devices (DCD). The AVL system, radio, and DCD equipment shall be
purchased, owned, and supplied by RCTC. RCTC shall select the equipment installation
vendor.
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The Contractor shall be responsible for maintaining the security of the vehicle
communication equipment provided by RCTC. The Contractor shall be liable for any
damage to the RCTC-owned communication equipment. The Contractor shall also be
liable for the full replacement value of the communication equipment installed in the
trucks while in the care, custody, and control of the equipment. RCTC will deduct repair
fees as well as the full replacement cost of any RCTC equipment due to improper use or
negligence by the Contractor, from any payment due to the Contractor. RCTC-supplied
vehicle communications equipment shall be returned in full working condition upon
contract termination. The cost of any equipment not returned within a reasonable time
period shall be deducted from the Contractor's final payment.
Programmable scanners capable of scanning between the 39 and 48 MHz used by CHP
shall be supplied by the Contractor and shall be installed (mounted) in all vehicles.
The Contractor is also required to use Verizon wireless cell phones with push-to-talk-
plus capability, or equivalent, for communications with the CHP Communications Center
and the CHP Field Supervisor. Wireless cell phones shall be purchased and maintained
by the Contractor. The Contractor will also be responsible for all operating costs as
well. In addition, tow operators are not permitted to take pictures, video, or capture any
other images while performing FSP duties during FSP operational hours. These actions
will not be tolerated and a vehicle operator may be terminated if it is discovered they
are doing so.
In addition, any input of data into the DCD shall not be allowed while the vehicle is being
operated/driven. Use of other devices while driving/operating a vehicle such as cell
phones is prohibited by California State Law.
The FSP vehicles shall be equipped with a public address system. The public address
system shall have the capability for the driver of the disabled vehicle to hear instructions
transmitted from the cab of the FSP vehicle when the FSP vehicle is directly to the rear
of the disabled vehicle.
5.2 Computer Equipment
The Contractor must have and maintain a desktop computer workstation with high-speed
internet access and email to communicate with RCTC staff.
The Contractor must ensure that the DCD equipment is inspected and cleaned on a
quarterly basis, or more frequently if needed. All DCD equipment should have the
exterior protective case cleaned (protective outside case) and screen protector shall be
inspected for functionality and serviceability. Worn items shall be immediately reported
to RCTC.
All DCD equipment must be kept in a secure location. During non-FSP operational
hours, DCD equipment shall not be left in a tow vehicle or go home with a vehicle
operator or anyone else. All DCD equipment must be in a designated charging area
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at the tow operator’s facility during non-FSP operational hours. The DCD equipment
shall always have enough charge to complete each shift. In order to reduce instances
of technology glitches, the DCD equipment shall be turned off/turned on at least once
per week. DCD equipment is to be with the vehicle operator in their FSP truck during
FSP operational hours. Any other location shall not be permitted.
The Contractor shall immediately report any issues with the workstation or the DCD
equipment to the RCTC FSP Program Manager or one of the FSP CHP Officers.
Contractor is directly responsible to ensure their computer workstation is operating and
has internet access at all times – this is a contract requirement.
The Contractor shall provide access to the DCD equipment for RCTC staff, or their
designated designee, at any time during the course of the Contract. In addition, the
Contractor shall also make the workstation available to RCTC, or its designee, 30
calendar days prior to the start of the new service.
The Contractor shall provide an annual inspection report to RCTC indicating the status
of all equipment. RCTC will provide the submittal form. Tow operators should consider
the accurate completion and timely return of this form as part of their contract
requirements.
5.3 Equipment Tampering
Tampering with FSP communication/tracking equipment so that it does not function
properly to RCTC’s specifications, and/or is disconnected or moved (without FSP
Management authorization) from its original installed location is strictly prohibited. This
includes but is not limited to: breaking evidence tape/connection sealer on equipment
connections, cutting wires or cables, moving mounted equipment (speakers,
microphones, antennas, etc.), rerouting any wiring, disconnecting any connectors,
Contractor/subcontractor unintentionally altering equipment or connections to equipment
during vehicle maintenance or repair, or interfering with the operations of the equipment.
If tampering is suspected, FSP Management may conduct an inspection of the
equipment on the Beat or the vehicle may be sent to a designated location determined
by FSP Management.
1. If tampering is found while the vehicle is used during FSP operational hours, the
vehicle operator and vehicle will be immediately taken out of service and the
Contractor shall be fined in one (1) minute increments at three (3) times their
hourly rate, until such time that the back-up truck is deployed. Please note that
if tampering is discovered, the penalties (three times the hourly rate in one
minute increments) shall begin immediately upon the discovery of the
tampering. The normal 45-minute back-up truck time allowance will not be
considered “non-penalty” time under these circumstances. The penalties shall
begin immediately upon the tampering being discovered.
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2. If the vehicle is suspected to have equipment that has been tampered with, it
may be sent to a designated location determined by FSP Management and CHP
for an inspection. If tampering is found, the Contractor will be retroactively fined
three (3) times the hourly rate in one (1) minute increments from the time the
tampering was first suspected. The penalties will continue until a certified FSP
back-up truck is deployed. The normal 45-minute back-up truck time allowance
will not be considered “non-penalty” under these circumstances.
Tampering Repairs
If tampering is discovered during FSP operational hours, the vehicle will be taken out of
service and will remain out of service until the repair and the documentation can be
completed by the FSP Program designated technician. FSP Management determines
the designated technician. The transportation, labor, and repair costs will be the
responsibility of the Contractor. Costs incurred to repair and document the equipment
will be deducted from the Contractor monthly invoice.
Tampering Penalties
The Contractor will also be assessed a $250 fine (whether the tampering is discovered
while on the Beat, or if it was suspected and later confirmed) per incidence on their
monthly invoice. If it is determined that the vehicle operator tampered with the
equipment, the vehicle operator will be suspended for a minimum of 30 days for the initial
tampering offense and subject to termination from the FSP Program for any subsequent
tampering violations.
6.0 Contractor Responsibilities
6.1 Appearance at Hearings
If and when required by SAFE, Contractor shall render assistance at public hearings or
other meetings related to the performance of the Services.
6.2 Damage Complaints
Upon receiving a damage complaint from a motorist assisted by the Contractor, that the
Contractor damaged their vehicle while lending assistance, the Contractor shall notify
CHP immediately regarding the nature of the damage complaint and its disposition. The
Contractor shall reply to the motorist by telephone within twenty-four (24) hours of
receiving the damage complaint notification from CHP. If necessary, the Contractor shall
send either his or her authorized representative or his or her insurance company
representative to inspect the vehicle and complete an incident report within forty-eight
(48) hours after receiving the damage complaint. If the investigation shows that damage
to the vehicle could have been caused by the Contractor, the Contractor shall negotiate
in good faith to try and resolve the issue and shall report to CHP the result of the
negotiations. All complaints shall be resolved within a reasonable time-period after being
received.
6.3 Complaint Review Committee
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The FSP Technical Advisory Committee (“FSP TAC”) is composed of voting members
from CHP, SAFE, and Caltrans. Voting members of the FSP TAC are hereby designated
as the members of the Damage Complaint Review Committee (“DCRC”). If the DCRC
finds that justifiable complaints are not resolved within a reasonable timeframe, it can
recommend that payment to the Contractor in the amount of the damage claim may be
deducted from the Contractor monthly invoice.
6.4 Trend Meetings
Contractor shall attend, or send a designated management-level representative, to all
trend meetings (i.e. required FSP TAC meeting which meets every other month). These
trend meetings will encompass focused and informal discussions concerning, but not
limited to: scope, Services, schedule, current progress of Services, relevant cost issues,
and future objectives. Contractor shall be responsible for having a representative attend
all meetings (i.e. FSP TAC meetings) that has the ability to make management-level
decisions on the behalf of the Contractor. If the Contractor cannot have a management-
level representative at a meeting, Contractor shall notify SAFE and CHP prior to the
meeting. Management-level attendance at these meetings shall be considered part of
the Contractor’s contractual responsibility. Meetings are scheduled, and Contractor will
be notified of such schedule, no later than three (3) working days prior to the meeting.
7.0 Vehicle Operators
7.1 Operator Qualifications and Performance
All potential vehicle operators shall be required to have a safe driving record and, at a
minimum, a valid Class C driver's license. All vehicle operators shall be 18 years of age
or older at the time of background check. Potential vehicle operators shall be subject to
driving record and criminal background checks through the California Highway Patrol.
Potential vehicle operators shall be sufficiently experienced in the tasks of tow truck
operations and proficient with all required Freeway Service Patrol equipment to provide
safe and proper service. Any certified vehicle operator from other FSP areas will be
evaluated on a case-by-case basis. All potential vehicle operators must be capable of
demonstrating their tow operating abilities prior to formal CHP training, also known as
proficiency testing.
Additionally, the vehicle operators will be required to exercise good, sound judgment in
carrying out their duties. Vehicle operators shall be required to inform the CHP
Communications Center any time they leave the assigned Beat. This includes breaks
and replenishing expendable items, such as: gasoline, fire extinguisher, etc. The vehicle
operator shall be required to immediately notify the CHP Communications Center upon
a tow truck breakdown.
FSP vehicle operators will be responsible for accurately entering the required data into
DCD equipment every shift. Each FSP vehicle operator shall complete an inspection
worksheet prior to the commencement of driving the tow truck and a mileage log prior to
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beginning service on the Beat. The FSP vehicle operator shall be required to complete
an assist record for each incident. Each assist record should be accurate. Contractors
or Operators providing false or misleading information to FSP Management shall be
subject to disciplinary action and will be handled on a case-by-case basis.
FSP vehicle operators shall always complete the required procedures per the SOP when
handling required forms. No duplicate survey numbers should be entered into the DCD
equipment at any time. Vehicle operators are required to complete in their entirety the
Release of Liability form and Damage Release form when applicable. These completed
forms should be handed in to RCTC at a minimum every 60 days. If it is discovered that
a vehicle operator has entered duplicate survey numbers, not properly completed the
release forms, or not turned the release forms in timely, the Contractor may be subject
to penalties as outlined in Proposal Pricing Form.
CHP, Caltrans, and RCTC maintain strict drug and alcohol policies. Contractors shall
have an alcohol and drug program that includes at a minimum, a drug and alcohol free
workplace policy and an employee alcohol/drug-testing program. Any FSP vehicle
operator found working under the influence of drugs or alcohol shall be immediately
removed from the FSP program by the Contractor. The Contractor shall be responsible
for providing a certified replacement vehicle operator for that vehicle.
The Contractor shall be an active participant in the DMV Pull Notice Program.
If a vehicle operator is convicted of a crime involving a stolen vehicle, stolen property,
violence, drugs, or moral turpitude, fraud related to the towing business, or misdemeanor
or felony driving while under the influence of alcohol or a drug, the Contractor shall
permanently remove that vehicle operator from duties under the FSP program. If a
vehicle operator is charged with any of the above crimes, the Contractor shall
immediately suspend that vehicle operator from duties under this program pending the
outcome of the criminal case. If the vehicle operator is not convicted, or is ultimately
convicted of a lesser crime not described above, RCTC retains the right to have the
Contractor remove that vehicle operator from the duties under the FSP program.
7.2 Operator Training
At the Contractor’s expense, all company owners, FSP vehicle operators, and back-up
vehicle operators shall be required to present a certificate of completion of a SHRP
2/TIMS training course and to complete the CHP two-day training program which costs
approximately $50.00 per vehicle operator (fee is for the DL64 Tow Truck Driver
Certificate and fingerprinting). Contractors shall pay all FSP operators and back-up
vehicle operators for attending the training. No vehicle operator will be allowed to begin
patrolling without meeting the requirements set forth in the SOP. Any vehicle operator
who is found on patrol not meeting the requirements may be prohibited from further FSP
service and the Contractor’s contract may be terminated immediately.
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Mandatory CHP refresher training classes shall be attended. A minimum of four (4)
hours refresher training per year shall be required (at Contractor’s expense).
Contractors shall pay all FSP vehicle operators and back-up vehicle operators for
attending the required training.
Vehicle operators will be required to utilize DCD equipment to input information about
mileage, inspection, and each assist, which will include: location, vehicle make, model,
license number, type of assistance provided, etc. Vehicle operators will be trained on
using DCD equipment to enter data.
7.3 Operator Driving Record and Criminal History Check
As required by California Vehicle Code Section 2340, all applicants and owners are
required to have a driver’s license and criminal history check. Only after a completed
CHP 234F is received and accepted by CHP, a driver’s license and preliminary criminal
history check will be performed.
The driver’s license check will consist of confirming that the applicant has a valid driver’s
license and the applicant’s point count is within standards set forth in this SOP (refer to
Chapter 11, Annex A).
The preliminary criminal history check will consist of a preliminary background check to
determine if the applicant meets the criteria for a California Tow Truck Driver Certificate
as outlined in California Public Resources Code Section 5164, California Vehicle Code
Section 13377 and the FSP Contract. In addition, RCTC or the CHP may, in its sole
discretion, require an Employer to replace any vehicle operator or reject a potential
vehicle operator who it determines is not suitable to represent the FSP Program with the
public. If the applicant passes the preliminary criminal history check, the applicant shall
submit to fingerprinting.
Driver’s license and preliminary criminal history checks will be completed by CHP within
ten (10) working days of the acceptance of a CHP 234F.
7.4 Vehicle Operator Uniform
It shall be the responsibility of the Contractor to provide the vehicle operator with
specified uniforms, black protective toe boots, nameplate, gloves and other equipment.
The equipment includes navy blue coveralls or navy blue shirts and pants. If coveralls
are worn, they shall have a collar with a zip front. Optionally, drivers may wear a standard
navy blue (long-sleeve only) uniform shirt, with a fluorescent orange (must be only 2.5”
wide) trim, with a ½” silver reflective tape down the middle. This allowed reflective tape
must be on both sleeves. All uniforms shall be clean, properly maintained, and replaced
whenever excessively worn.
Sleeves and pant legs shall be moderately tapered to avoid excessive fullness.
A safety vest with reflective stripes shall be worn and supplied by RCTC. RCTC will
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supply vests with the FSP logo patches already sewn on per CHP’s required patch
placement locations. A FSP logo patch is not required to be sewn on the navy blue FSP
vehicle operator uniform.
A detachable brass or gold nameplate shall be worn with the first initial of the first name
and full last name. Letters shall not exceed ½” tall. The nameplate shall be worn above
the right chest pocket on the safety vest. The Contractor is responsible for obtaining
FSP CHP approval of the driver nameplates, and the Contractor is responsible for the
purchase and replacement of the FSP vehicle operator nameplate.
All FSP vehicle operators shall wear general duty black work boots with protective (steel
or composite) toe.
During cold weather, a navy blue sweater or sweatshirt may be worn under the uniform
shirt/coveralls. As an option, a navy blue jacket may also be worn, if it meets all the
uniform specifications and is worn under the safety vest. Rain gear, if worn, shall be
waterproofed material and navy blue or yellow in color.
Hats, if worn, shall be baseball-type caps and navy blue in color. An "FSP" logo patch
may be sewn on the hat above the brim. No other logos/names shall be accepted. A
beanie may also be worn which must be navy blue in color and worn only with a jacket
or long sleeve shirt under the vest.
Contractor should refer to the most current SOP to ensure they are following the
most recent requirements. SOP revisions and updates shall be unilaterally issued by
RCTC, as deemed necessary by RCTC management, and all changes, revisions and
updates to the SOP, if any, shall supersede all previous or existing SOPs. A copy of the
SOP is included as part of the original RFP package.
7.5 Local Office
The Contractor shall provide a local office for contract administration purposes. This
office shall be staffed by either the Contractor or a person who has the authority to
conduct business and make decisions on behalf of the Contractor. The office shall have
business hours coinciding with Contractor's Beat(s) hours of operation. Through the
Proposal document shown in the Contractor Representative Form, the Contractor shall
designate representatives who will be available at the office during hours of operation to
make decisions on behalf of the Contractor. The office shall be established within close
proximity to the Contractor's Beat(s) and the County of Riverside. Also note in the Scope
of Services, Section 4.4, a backup vehicle and a certified FSP vehicle operator must
be available within a 45-minute request of the Beat area.
This requirement may also determine if the local office is close enough to satisfy the
requirements under this section.
The Contractor shall also provide telephone and email through which he/she, or a
responsible representative who has the authority to conduct business and make
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decisions on behalf of the Contractor, can be contacted during the non-service hours of
operation for the length of the contract. During non-business hours, an answering
machine provided at the Contractor's expense, shall be available to log calls, take
complaints, etc. An email address that is monitored daily shall be provided for
notification purposes during operational and non-service hours. The Contractor will be
responsible for having a company representative monitor and review messages/notices
on a daily basis.
7.6 Remedies and Liquidated Damages
RCTC has a need to deal contractually with a range of failures by Contractors to meet
contractual standards and requirements short of suspension or termination. Failure to
meet contractual standards and requirements constitute a default under the contract and
is subject to the various remedies provided in the contract, up to and including
termination of the contract.
It is clear that any default that is related to service or contractor’s readiness for service
will either degrade service or lead to the degradation of service. The failure to meet
contractual standards and requirements, therefore, causes damages to the FSP program
and its participants (RCTC, CHP and Caltrans) and to the public being served by the
FSP program. Because of the public service nature of the mission of the FSP, described
generally in the Standard Operating Procedures (SOP), to keep traffic and commerce
flowing on the regional freeways, the damages arising from contractor’s failure to meet
the contractual standards and requirements are impractical or extremely difficult to
ascertain on an individual basis.
The contract has therefore established a series of remedies to attempt to deal with a
range of defaults. The most egregious default will result in suspension or termination.
Lesser defaults will result in the assessment of liquidated damages. These lesser
remedies have been described in the SOP as fines, violations or penalties. This is not a
correct characterization of the intent of the remedies. The remedies arise because the
contractor is in default and the FSP and the public it serves is damaged by that default.
The remedies are to compensate FSP for its damages and to encourage compliance
with performance requirements of the contract.
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EXHIBIT “B”
Compensation and Payment
Regular Rate
Rate #
Evaluation Criteria
(Average Fuel Cost
Per Gallon)
Year 1 & 2
Rate
Year 3 & 4
Rate
Year 5
Rate
Base Rate $0.00 $87.40 $90.46 $93.62
1 $0.01 - $2.99 $ 112.54 $ 116.61 $ 120.83
2 $3.00 - $3.99 $ 113.54 $ 117.61 $ 121.83
3 $4.00 - $4.99 $ 114.54 $ 118.61 $ 122.83
4 $5.00 - $5.99 $ 115.54 $ 119.61 $ 123.83
5 $6.00 - $6.99 $ 116.54 $ 120.61 $ 124.83
6 $7.00 - $7.99 $ 117.54 $ 121.61 $ 125.83
7 $8.00 - $8.99 $ 118.54 $ 122.61 $ 126.83
8 $9.00 - $9.99 $ 119.54 $ 123.61 $ 127.83
9 $10.00+ $ 120.54 $ 124.61 $ 128.83
Average Rate $ 116.54 $ 120.61 $ 124.83
Rates for Construction FSP / Extra Work Using Existing Vehicles
Rate #
Evaluation Criteria
(Average Fuel Cost
Per Gallon)
Year 1 & 2
Rate
Year 3 & 4
Rate
Year 5
Rate
Base Rate $0.00 $ 96.14 $ 99.50 $ 102.99
1 $0.01 - $2.99 $ 124.19 $ 128.67 $ 133.32
2 $3.00 - $3.99 $ 125.19 $ 129.67 $ 134.32
3 $4.00 - $4.99 $ 126.19 $ 130.67 $ 135.32
4 $5.00 - $5.99 $ 127.19 $ 131.67 $ 136.32
5 $6.00 - $6.99 $ 128.19 $ 132.67 $ 137.32
6 $7.00 - $7.99 $ 129.19 $ 133.67 $ 138.32
7 $8.00 - $8.99 $ 130.19 $ 134.67 $ 139.32
8 $9.00 - $9.99 $ 131.19 $ 135.67 $ 140.32
9 $10.00+ $ 132.19 $ 136.67 $ 141.32
Average Rate $ 128.19 $ 132.67 $ 137.32
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Agreement No. 20-45-030-01
AMENDMENT NO. 1
TO AGREEMENT FOR FREEWAY EMERGENCIES,
FOR FREEWAY SERVICE PATROL FOR BEAT #25
WITHIN RIVERSIDE COUNTY WITH
ROYAL COACHES & AUTO BODY TOWING
1.· PARTIES AND DATE
1.1 This Amendment No. 1 is made and entered into as of ________,
2023 by and between the Riverside County Transportation
Commission, a public entity ("COMMISSION"), acting as the Riverside
County Service Authority for Freeway Emergencies (referred to herein
as "SAFE"), and Royal Coaches & Auto Body Towing, a California
corporation (referred to herein as "CONTRACTOR"). SAFE and
CONTRACTOR are sometimes individually referred to herein as
"Party" and collectively as "Parties".
2.RECITALS
2.1 SAFE and Royal Coaches & Auto Body Towing entered into
Agreement No. 20-45-030-00, dated May 27,2020, for the purpose of
providing Freeway Service Patrol ("FSP") services on Beat No. 25
within Riverside County (the "Master Agreement").
2.2 SAFE and CONTRACTOR now desire to amend the Master
Agreement in order to add funds to the contract balance to
accommodate the shortfall balance created by FSP Services
provided by CONTRACTOR on Beat Nos. 1 & 2.
3.TERMS
3.1 The maximum compensation to be provided under this Amendment
No. 1 shall not exceed Three Hundred Eighty-Six Thousand, Nine
Hundred Dollars ($386,900).
3.2 The maximum not to exceed value of the Master Agreement, as
amended by this Amendment No. 4 shall not exceed Two Million,
Twelve Thousand, Three Hundred Seventy-Three Dollars
($2,012,373).
3.3 Except as amended by this Amendment No. 1, all provisions of the
Master Agreement, as previously amended, including without
limitation the indemnity and insurance provisions, shall remain in
full force and effect and shall govern the actions of the parties under
this Amendment No. 1.
ATTACHMENT 2
120
Agreement No. 20-45-030-01
3.4 This Amendment shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.5 The recitals set forth above are true and correct and are incorporated
into this Amendment No. 1 by reference.
3.6 This Amendment No. 1 may be signed in counterparts, each of which
shall constitute an original.
3.7 A manually signed copy of this Amendment No. 1 which is transmitted
by facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original
executed copy of this Amendment No. 1 for all purposes. This
Amendment No. 1 may be signed using an electronic signature.
[Signatures on following page]
121
Agreement No. 20-45-030-01
SIGNATURE PAGE TO
AGREEMENT NO. 20-45-030-01
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date first herein above written.
RIVERSIDE COUNTY ROYAL COACHES AUTO BODY &
TRANSPORTATION COMMISSION TOWING
By:___________________________ __________________________
Anne Mayer, Executive Director Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM ATTEST:
By: _______________________ By: ______________________
Best Best & Krieger
General Counsel Its: _______________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the
second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief
financial officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided
to RCTC.
122
Agreement No. 18-45-132-04
AMENDMENT NO. 4
TO AGREEMENT FOR FREEWAY EMERGENCIES,
FOR FREEWAY SERVICE PATROL FOR BEAT #20, #34
AND #35 WITHIN RIVERSIDE COUNTY
WITH OJ
BARKA, INC.
1.· PARTIES AND DATE
1.1 This Amendment No. 4 is made and entered into as of ________,
2023 by and between the Riverside County Transportation
Commission, a public entity ("COMMISSION"), acting as the Riverside
County Service Authority for Freeway Emergencies (referred to herein
as "SAFE"), and OJ Barka, Inc., a California corporation (referred to
herein as "CONTRACTOR"). SAFE and CONTRACTOR are
sometimes individually referred to herein as "Party" and collectively as
"Parties".
2.RECITALS
2.1 SAFE and Coastal Pride Towing, Inc. entered into Agreement No. 18-
45-132-00, dated August 21, 2018, for the purpose of providing
Freeway Service Patrol ("FSP") services on Beat No. 20, 34, & 35
within Riverside County (the "Master Agreement").
2.2 SAFE, Coastal Pride Towing, Inc. and CONTRACTOR entered into
an Assignment and Assumption Agreement dated May 6, 2019
(referred to herein as Amendment No. 1) in order to assign the Master
Agreement from Coastal Pride Towing, Inc. to CONTRACTOR.
2.3 SAFE and CONTRACTOR entered into Amendment No. 2 to the
Master Agreement, dated August 28, 2021, to amend the Master
Agreement in order to exercise the renewal option to extend the term
of the contract, and to acknowledge the right of SAFE to waive
penalties, imposed pursuant to the terms of the Master Agreement, in
its discretion.
2.4 SAFE and CONTRACTOR entered into Amendment No.3 to the
Master Agreement, dated September 28, 2022, to amend the Master
Agreement in order to add fuel relief reimbursement, well as allocate
contingency funds authorized by the COMMISSION, and required
because of extra construction FSP Services provided by
CONTRACTOR on I-10.
2.5 SAFE and CONTRACTOR now desire to amend the Master
ATTACHMENT 3
123
Agreement No. 18-45-132-04
Agreement in order to add funds to the contract balance to
accommodate the shortfall balance created by the extra construction
FSP Services provided by CONTRACTOR on I-10. Although the
contingency amount was exercised as part of Amendment No. 3 for
this purpose, the amount was not enough to cover the deficit.
3. TERMS
3.1 The maximum compensation to be provided under this Amendment
No. 4 shall not exceed Two Hundred Eighty-Five Thousand, Five
Hundred Dollars ($285,500).
3.2 The maximum not to exceed value of the Master Agreement, as
amended by this Amendment No. 4 shall not exceed Three Million,
Sixty-One Thousand, One Hundred Four Dollars ($3,061,104).
3.3 Except as amended by this Amendment No. 4, all provisions of the
Master Agreement, as previously amended, including without
limitation the indemnity and insurance provisions, shall remain in
full force and effect and shall govern the actions of the parties under
this Amendment No. 4.
3.4 This Amendment shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.5 The recitals set forth above are true and correct and are incorporated
into this Amendment No. 4 by reference.
3.6 This Amendment No. 4 may be signed in counterparts, each of which
shall constitute an original.
3.7 A manually signed copy of this Amendment No. 4 which is transmitted
by facsimile, email or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original
executed copy of this Amendment No. 4 for all purposes. This
Amendment No. 4 may be signed using an electronic signature.
[Signatures on following page]
124
Agreement No. 18-45-132-04
SIGNATURE PAGE TO
AGREEMENT NO. 18-45-132-04
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the date first herein above written.
RIVERSIDE COUNTY OJ BARKA, INC., a California Corporation
TRANSPORTATION COMMISSION
By:___________________________ __________________________
Anne Mayer, Executive Director Signature
__________________________
Name
__________________________
Title
APPROVED AS TO FORM ATTEST:
By: _______________________ By: ______________________
Best Best & Krieger
General Counsel Its: _______________________
* A corporation requires the signatures of two corporate officers.
One signature shall be that of the chairman of board, the president or any vice president and the
second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief
financial officer or any assistant treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided
to RCTC.
125
YuccaValley
Twentynine Palms
RanchoMirage
Palm Springs
LagunaNiguel
Aliso Viejo
LagunaWoods
IrvineNewportBeach
Placentia Yorba Linda
Chino Hills
Anaheim
Santa Ana
Tustin
PalmDesert
La Quinta
Indio
Desert Hot Springs
Coachella
CathedralCity
Wildomar
Canyon Lake
Lake Elsinore
Menifee
Eastvale
Temecula
LakeMathews
LakeElsinore
CanyonLake
LakePerris
VailLake
Murrieta
SanJacinto
Perris
MorenoValley
Hemet
BeaumontBanning
Ontario
Pomona
Upland
Walnut
San DimasLa Verne
Glendora
Claremont
RanchoCucamonga Fontana Rialto
San Bernardino
Highland
Norco
JurupaValley
Corona
Brea
Diamond Bar
Riverside
Calimesa
Diamond ValleyLake
S A N B E R N A R D I N O C O .
R I V E R S I D E C O .
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SAN DIEGO CO.
SAN BERNARDINO CO.
RIVERSIDE CO.
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Beat 1
Beat 2
Beat 4
Beat 7
Beat 8
Beat 18
Beat 19
Beat 20
Beat 25
Beat 26
Beat 35
Express Lanes
ATTACHMENT 4
126
AGENDA ITEM 8
Agenda Item 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Sergio Vidal, Chief Financial Officer
THROUGH: Anne Mayer, Executive Director
SUBJECT: Quarterly Sales Tax Analysis
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Receive and file the sales tax analysis for the Quarter 2, 2022 (2Q 2022).
BACKGROUND INFORMATION:
At its December 2007 meeting, the Commission awarded an agreement with MuniServices, LLC
(MuniServices), an Avenu Company, for quarterly sales tax reporting services plus additional fees
contingent on additional sales tax revenues generated from the transactions and use tax (sales
tax) audit services. As part of the recurring contracts process in June 2018, the Commission
approved a five-year extension through June 30, 2023. The services performed under this
agreement pertain to only the Measure A sales tax revenues.
Since the commencement of these services, MuniServices submitted audits, which reported
findings and submitted to the California Department of Tax and Fee Administration (CDTFA), for
review and determination of errors in sales tax reporting related to 1,561 businesses. Through
1Q 2022, the CDTFA approved $15,364,392 of cumulative sales tax revenues recovered for the
Commission. If CDTFA concurs with the error(s) for the remaining claims, the Commission will
receive additional revenues; however, the magnitude of the value of the remaining findings was
not available. It is important to note that while the recoveries of additional revenues will be
tangible, it will not be sufficient to alter the overall trend of sales tax revenues.
MuniServices provided the Commission with the Quarterly Sales Tax Digest Summary report for
2Q 2022. Most of the 2Q 2022 Measure A sales tax revenues were received in the third quarter
of calendar year 2022, during June 2022 through August 2022, due to a lag in the sales tax
calendar. The summary section of the 2Q 2022 report is attached and includes an overview of
California’s economic outlook, local results, historical cash collections analysis by quarter, top 25
sales/use tax contributors, historical sales tax amounts, annual sales tax by business category,
and five-year economic trend (general retail).
127
Agenda Item 8
Taxable transactions for the top 25 contributors in Riverside County generated 26.9 percent of
taxable sales for the benchmark year ended 2Q 2022, slightly less than the benchmark year ended
2Q 2021 at 27.1 percent. The top 100 tax contributors generated 40.8 percent for the benchmark
year ended 2Q 2022, comparable to the 40.6 percent for the benchmark year ended 2Q 2021.
In the Economic Category Analysis below, all six categories experienced new highs in the 2Q 2022
benchmark year compared to the prior eight benchmark years.
An analysis of sales tax performance through 2Q 2022 is attached and illustrates consistent cycles
for sales tax performance for most of the economic categories since 2Q 2017, apart from
COVID-19 impacts for some categories.
For the top 10 economic segments (miscellaneous retail, auto sales – new, restaurants,
department stores, service stations, building materials – wholesale, food markets, building
materials – retail, apparel stores, and heavy industry) during the past eight benchmark year
quarters, sales tax reached a new high point in 2Q 2022. The economic segments represent
73.3 percent of the total sales tax receipts. For the remaining 21 economic segments representing
26.7 percent of total sales tax receipts, 15 economic segments representing
23.8 percent of total sales tax receipts reached new high points in the benchmark year 2Q 2022.
In the Economic Segment Analysis below, auto sales – new has been in the top economic
segments since 2014. Restaurants had been in the top economic segments since 2014 but was
replaced by miscellaneous – retail beginning in the 3Q 2020 benchmark year. Miscellaneous –
retail includes online retailers and has been a large contributor to sales/use tax in Riverside
County during the COVID-19 pandemic. Department stores had been in the top economic
segments since 2016 but was replaced by restaurants in the 3Q 2021 benchmark year.
% of Total / % Change RCTC State Wide Orange County Riverside
County S.F. Bay Area Sacramento
Valley Central Valley South Coast North Coast
General Retail 29.3 / 8.6 28.1 / 11.2 26.6 / 19.9 34.1 / 29.1 24.2 / -12.5 28.4 / 19.7 37.6 / 11.8 26.4 / 15.4 26.5 / -25.7
Food Products 16.2 / 24.4 20.1 / 18.9 20.6 / 28.0 18.0 / 14.8 20.9 / -2.2 15.7 / 19.2 14.1 / 11.5 22.1 / 28.3 17.3 / -7.1
Transportation 24.7 / 22.1 24.6 / 11.4 25.2 / 16.8 25.3 / 16.0 20.7 / -21.1 27.7 / 13.1 22.9 / 11.5 25.3 / 21.6 29.9 / -7.2
Construction 10.9 / 14.9 10.1 / -0.5 8.5 / 6.6 12.3 / -0.2 10.9 / -21.5 13.4 / 14.0 10.3 / 1.8 8.9 / 6.4 14.3 / -23.0
Business to Business 14.9 / 11.8 16.2 / 3.7 18.3 / 13.8 9.8 / -0.3 22.1 / -15.6 13.8 / 11.9 14.4 / 8.6 16.1 / 12.3 11.2 / 3.7
Miscellaneous 4.1 / 14.1 1.0 / 6.2 0.9 / 10.3 0.6 / -11.2 1.2 / -19.1 1.0 / 3.3 0.7 / 7.2 1.1 / 19.5 0.8 / -9.9
Total 100.0 / 15.5 100.0 / 10.0 100.0 / 18.1 100.0 / 15.4 100.0 / -14.4 100.0 / 15.7 100.0 / 10.1 100.0 / 18.2 100.0 / -14.3
General Retail: Apparel Stores, Department Stores, Furniture/Appliances, Drug Stores, Recreation Products, Florist/Nursery, and Misc. Retail
Food Products: Restaurants, Food Markets, Liquor Stores, and Food Processing Equipment
Construction: Building Materials Retail and Building Materials Wholesale
Transportation: Auto Parts/Repair, Auto Sales - New, Auto Sales - Used, Service Stations, and Misc. Vehicle Sales
Business to Business: Office Equip., Electronic Equip., Business Services, Energy Sales, Chemical Products, Heavy Industry, Light Industry, Leasing,
Biotechnology, I.T. Infrastructure, and Green Energy
Miscellaneous: Health & Government, Miscellaneous Other, and Closed Account Adjustments
ECONOMIC CATEGORY ANALYSIS
128
Agenda Item 8
Information regarding sales tax comparison by city and change in economic segments
(two highest gains and two highest declines) for 2Q 2022 to 2Q 2021 is attached.
Staff will monitor sales tax receipts and other available economic data to determine the need for
any adjustments to the revenue projections. Staff will utilize the forecast scenarios with the
complete report and receipt trends in assessing such projections.
FISCAL IMPACT:
This is an information item. There is no fiscal impact.
Attachments:
1) Sales Tax Digest Summary 2Q 2022
2) Sales Tax Performance Analysis by Quarter 2Q 2022
3) Quarterly Sales Tax Comparison by City for 2Q 2022 to 2Q 2021
RCTC State Wide Orange County Riverside
County S.F. Bay Area Sacramento
Valley Central Valley South Coast North Coast
Largest Segment Miscellaneous
Retail Restaurants Restaurants Miscellaneous
Retail Restaurants Auto Sales -
New
Miscellaneous
Retail Restaurants Service
Stations
% of Total / % Change 11.7 / 8.3 14.1 / 29.0 14.7 / 36.2 16.5 / 71.0 15.0 / 11.2 11.4 / 5.0 13.9 / 43.3 15.9 / 37.9 11.3 / 21.9
2nd Largest Segment Auto Sales -
New
Auto Sales -
New
Auto Sales -
New
Auto Sales -
New
Auto Sales -
New
Miscellaneous
Retail
Department
Stores
Auto Sales -
New
Auto Sales -
New
% of Total / % Change 11.6 / 17.0 11.7 / 3.9 14.0 / 12.2 11.7 / 12.0 10.2 / -30.4 10.9 / 50.6 11.0 / 0.8 12.9 / 16.7 11.2 / -21.4
3rd Largest Segment Restaurants Miscellaneous
Retail
Department
Stores Restaurants Office
Equipment Restaurants Restaurants Department
Stores Restaurants
% of Total / % Change 10.2 / 30.1 9.0 / 27.9 8.4 / 13.7 11.2 / 23.4 7.8 / -10.9 10.6 / 27.0 9.5 / 16.8 8.1 / 13.4 11.0 / -1.2
ECONOMIC SEGMENT ANALYSIS
129
Riverside County Transportation Commission
Sales Tax Digest Summary
Collections through August 2022
Sales through June 2022 (2022Q2)
www.avenuinsights.com (800) 800-8181 Page 1
CALIFORNIA’S ECONOMIC OUTLOOK
California sales tax receipts increased by 4.9% over the same quarter from the previous year, with
Northern California reporting a 3.8% increase compared to a 5.8% increase for Southern California.
Receipts for the RCTC increased by 1.2% over the same periods.
Real Gross Domestic Product (GDP) decreased at an annual rate of 0.9% in the second quarter of 2022.
U.S. inflation accelerated to 9.1% in June of 2022, while California's headline inflation was 8.3% year
over year as of June of 2022. (DIR, BEA, BLS, July Finance Bulletin)
The U.S. unemployment rate remained unchanged at 3.6% in June of 2022, 0.1 percentage point higher
than the February of 2020 pre-pandemic low of 3.5%. California's unemployment rate fell to a new
record-low of 3.9% in July of 2022, now 0.2 percentage point lower than the February of 2020 pre-
pandemic rate of 4.1%. (July, August Finance Bulletin)
U.S. personal income increased by 4.6% for the second quarter of 2022, compared to same quarter
previous year. Personal consumption and expenditures increased by 8.4%, resulting in a 50.9% decrease
in US personal savings for the second quarter of 2022, compared to same quarter previous year. (BEA)
LOCAL RESULTS
Net Cash Receipts Analysis
Local Collections $71,522,362
Less: Cost of Administration $(661,620)
Net 2Q2022 Receipts $70,860,742
Net 2Q2021 Receipts $70,032,412
Actual Percentage Change 1.2%
Business Activity Performance Analysis
Local Collections – Economic Basis 2Q2022 $73,587,586
Local Collections – Economic Basis 2Q2021 $66,951,763
Quarter over Quarter Change $6,635,824
Quarter over Quarter Percentage Change 9.9%
Avenu Insights & Analytics’ On-Going Audit Results
Total Recovered Since Inception $15,364,392
ATTACHMENT 1
130
RCTC
www.avenuinsights.com (800) 800-8181 Page 2
$-
$100
$200
$300
$400
$500
$600
$700
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
1Q2020 2Q2020 3Q2020 4Q2020 1Q2021 2Q2021 3Q2021 4Q2021 1Q2022 2Q2022
(in thousands of $)
Net Receipts CDTFA Admin Fees Due
HISTORICAL CASH COLLECTIONS ANALYSIS BY QUARTER
TOP 25 SALES/USE TAX CONTRIBUTORS
The following list identifies RCTC’s Top 25 Sales/Use Tax contributors. The list is in alphabetical order
and represents sales from May 2021 to June of 2022. The Top 25 Sales/Use Tax contributors generate
26.9% of RCTC’s total sales and use tax revenue.
* ”- EC” added to the end of business names represent electronic commerce.
7-ELEVEN FOOD STORES LOWE’S HOME CENTERS
AMAZON.COM – EC MCDONALD'S RESTAURANTS
AMAZON.COM SERVICES – EC RALPH'S GROCERY COMPANY
ARCO AM/PM MINI MARTS ROSS STORES
BEST BUY STORES SAM'S CLUB
CARMAX THE AUTO SUPERSTORE SHELL SERVICE STATIONS
CHEVRON SERVICE STATIONS STATER BROS MARKETS
CIRCLE K FOOD STORES TARGET STORES
CONSOLIDATED ELECTRICAL DISTRIBUTORS TESLA
COSTCO WHOLESALE UNION 76 SERVICE STATIONS
DEPARTMENT OF MOTOR VEHICLES VERIZON WIRELESS
EBAY – EC WAL MART STORES
HOME DEPOT
131
RCTC
www.avenuinsights.com (800) 800-8181 Page 3
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
2Q2022
High
Low
58,002
59,130
59,527
64,561
70,603
75,238
79,707
80,623
81,876
81,676
36,009
33,174
32,813
32,260
32,432
35,547
38,450
41,385
43,922
45,318
47,603
45,638
46,363
47,202
50,108
56,414
59,172
62,830
66,675
68,857
21,508
21,970
22,939
24,114
25,554
27,033
27,765
28,573
30,320
33,071
32,472
32,830
33,999
35,280
37,256
37,885
38,714
29,747
41,659
6,583
6,451
6,821
7,411
8,025
8,700
8,966
9,176
9,332
(15,000)$ 35,000 $ 85,000 $ 135,000 $ 185,000 $ 235,000
1Q2020
2Q2020
3Q2020
4Q2020
1Q2021
2Q2021
3Q2021
4Q2021
1Q2022
2Q2022
(in thousands of $)
General Retail Food Products Transportation Construction Business To Business Miscellaneous
9,26540,166
HISTORICAL SALES TAX AMOUNTS
ANNUAL SALES TAX BY BUSINESS CATEGORY
The following chart shows the sales tax level from annual sales through June of 2022, the highs,
and the lows for the top ten segments over the last two years in thousands of $.
132
RCTC
www.avenuinsights.com (800) 800-8181 Page 4
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
3Q
2
0
1
7
4Q
2
0
1
7
1Q
2
0
1
8
2Q
2
0
1
8
3Q
2
0
1
8
4Q
2
0
1
8
1Q
2
0
1
9
2Q
2
0
1
9
3Q
2
0
1
9
4Q
2
0
1
9
1Q
2
0
2
0
2Q
2
0
2
0
3Q
2
0
2
0
4Q
2
0
2
0
1Q
2
0
2
1
2Q
2
0
2
1
3Q
2
0
2
1
4Q
2
0
2
1
1Q
2
0
2
2
2Q
2
0
2
2
(in thousands of $)
FIVE-YEAR ECONOMIC TREND: General Retail
133
RCTC: Sales Tax Performance Analysis by Quarter
TOTAL
Confidential Economic
TOTAL
2022Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆
$73,587,586 9.9% $6,635,824 15.5%$37,511,048
GENERAL RETAIL
2022Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆
$19,979,060 1.9% $369,333 8.6%$6,437,578
27.2%
FOOD PRODUCTS
2022Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆
$11,927,398 10.3% $1,116,728 24.4%$8,896,545
% of Total: 16.2%
TRANSPORTATION
2022Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆
$19,067,280 13.9% $2,327,027 22.1%$12,443,309
% of Total: 25.9%
CONSTRUCTION
2022Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆
$8,583,994 18.2% $1,320,538 14.9%$3,930,343
% of Total: 11.7%
BUSINESS TO BUSINESS
2022Q2 QoQ %∆QoQ $∆YoY %∆YoY $∆
$11,124,964 12.5% $1,239,805 11.8%$4,403,453
% of Total: 15.1%
Q3 Q4 Q1 Q2
TOTAL CATEGORY
% of 2022Q2 Total:
QoQ = 22Q2 / 21Q2 YoY = YE 22Q2 / YE 21Q2
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
Avenu Insights & Analytics
ATTACHMENT 2
134
Quarterly Comparison of 2021Q2 and 2022Q2 (April through June Sales)
Ge
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Apr ‐ Jun 2022
(2022Q2)
Apr ‐ Jun 2021
(2021Q2)% Chg Gain Gain Decline Decline
BANNING ‐3.2% 1.0% 9.6% 38.5%‐26.2%‐20.5%816,093 784,384 4.0%Service Stations Misc. Vehicle Sales Heavy Industry Auto Sales ‐ New
BEAUMONT 1028.2% 1.6% 24.5% 2.3%‐42.0%‐34.1%6,617,017 1,663,144 297.9%Miscellaneous Retail Service Stations Light Industry Furniture/Appliance
BLYTHE ‐27.3% 1.8% 6.1% 12.1% 35.3% 33.0%437,203 431,633 1.3%Service Stations Electronic Equipment Miscellaneous Retail Auto Sales ‐ New
CALIMESA 5.6% 16.3% 79.8%‐36.9% 57.5% 22.8%371,284 271,740 36.6%Service Stations Restaurants Office Equipment Misc. Vehicle Sales
CANYON LAKE 31.3%‐0.6% 7.0% 6.4% 285.0%‐1.5%97,029 82,264 17.9%Heavy Industry Office Equipment Restaurants Furniture/Appliance
CATHEDRAL CITY ‐1.5%4.9% 7.0% 1.2% 7.3%‐37.4%3,083,303 2,920,830 5.6%Auto Sales ‐ New Service Stations Misc. Vehicle Sales Leasing
COACHELLA ‐0.2% 4.4% 29.8% 42.9% 86.6% 43.3%1,248,603 1,013,057 23.3%Service Stations Energy Sales Miscellaneous Retail Auto Sales ‐ Used
DESERT HOT SPRINGS ‐2.2%1.9% 22.0%‐3.5% 8.0% 23.6%547,685 503,852 8.7%Service Stations Miscellaneous Retail Drug Stores Food Processing Eqp
EASTVALE ‐1.5% 12.0% 42.3%‐7.5% 1.2%‐11.9%9,713,404 9,773,810 ‐0.6%Department Stores Service Stations Miscellaneous Retail Bldg.Matls‐Whsle
HEMET ‐7.7% 10.2% 1.5%‐3.6%‐2.0%‐49.5%3,886,676 3,870,881 0.4%Service Stations Food Markets Auto Sales ‐ New Department Stores
INDIAN WELLS 29.4% 53.5% 0.0% 29.1% 267.0% 17.2%298,742 208,062 43.6%Restaurants Miscellaneous Retail Leasing Chemical Products
INDIO 14.7% 35.5% 3.0% 35.8% 17.5% 46.2%3,967,919 3,364,190 17.9%Restaurants Bldg.Matls‐Retail Auto Sales ‐ New Leasing
JURUPA VALLEY ‐9.0%7.3% 7.5% 15.8% 7.5%‐4.5%5,077,116 4,893,686 3.7%Service Stations Bldg.Matls‐Whsle Auto Parts/Repair Department Stores
LA QUINTA 7.4% 24.5%‐3.0%‐4.1%20.1%‐26.3%2,749,882 2,517,473 9.2%Restaurants Department Stores Auto Sales ‐ New Bldg.Matls‐Retail
LAKE ELSINORE ‐4.1% 8.2% 0.6% 13.6% 27.8%‐6.7%3,488,101 3,369,006 3.5%Service Stations Bldg.Matls‐Whsle Auto Sales ‐ New Drug Stores
MENIFEE ‐2.6% 9.9% 33.5% 8.8% 37.8% 61.3%2,835,269 2,534,126 11.9%Service Stations Restaurants Department Stores Furniture/Appliance
MORENO VALLEY ‐3.7%1.7% 14.0% 16.0% 21.7%‐41.6%8,101,117 7,798,632 3.9%Service Stations Auto Sales ‐ New Miscellaneous Retail Apparel Stores
MURRIETA 4.1%‐7.0% 9.8% 5.5% 24.2% 35.2%5,774,713 5,474,510 5.5%Energy Sales Department Stores Food Markets Recreation Products
NORCO 0.7%‐2.5% 20.3% 118.9% 20.4% 71.6%2,565,480 2,166,448 18.4%Bldg.Matls‐Whsle Auto Sales ‐ Used Auto Sales ‐ New Food Markets
PALM DESERT 3.9% 16.0% 4.4% 21.5% 23.6% 30.1%5,605,145 5,143,292 9.0%Restaurants Department Stores Recreation Products Drug Stores
PALM SPRINGS ‐1.4% 7.3% 37.5% 4.0% 25.5%‐5.5%4,557,230 4,036,506 12.9%Auto Sales ‐ New Service Stations Drug Stores Light Industry
PERRIS 20.5% 4.8% 6.8% 5.7% 6.5%‐35.9%6,313,773 5,737,963 10.0%Miscellaneous Retail Service Stations Electronic Equipment Auto Parts/Repair
RANCHO MIRAGE 3.8% 15.6% 5.0% 6.9%‐1.5%‐34.8%1,539,389 1,451,975 6.0%Restaurants Light Industry Health & Government Leasing
RIVERSIDE ‐0.9% 14.4% 6.6% 26.0%‐0.2%‐17.3%19,894,747 18,476,706 7.7%Bldg.Matls‐Whsle Service Stations Leasing Apparel Stores
SAN JACINTO ‐0.1% 18.1% 28.7% 38.3%‐13.4% 9.3%1,067,080 945,129 12.9%Service Stations Food Markets Department Stores Auto Sales ‐ Used
TEMECULA 8.0%‐2.2% 11.6% 5.5% 10.0% 55.7%10,913,458 10,144,877 7.6%Auto Sales ‐ New Department Stores Food Markets Leasing
WILDOMAR 138.8% 5.5% 23.8% 86.1%‐0.3% 60.5%706,757 546,976 29.2%Drug Stores Service Stations Misc. Vehicle Sales Leasing
RIVERSIDE COUNTY
Non‐Confidential MuniServices / Avenu Insights & Analytics
ATTACHMENT 3
135
REVENUE PROJECTIONS
FY 2023 Revised and FY 2024
Measure A, Local Transportation Fund and
Transportation Uniform Mitigation Fee
1
FY 2023 Revised and FY 2024 Revenue Projections
Measure A Revenue Allocations1
JANUARY 11, 2023
2
•30% Highways
•29% Local Streets & Roads
•Allocation to County/cities based on 75% population, 25% taxable sales
•12% Public Transit
•11% New Corridors
•9% Regional Arterials
•8% Bond Financing
•1% Economic Development Incentives
Western County
•50% Highways & Regional Arterials
•35% Local Streets & Roads
•Allocation to County/cities based on 50% dwelling units, 50% taxable sales
•15% Public Transit
Coachella Valley
•100% Local Streets & Roads
•Allocation to County/city based on 75% population, 25% taxable sales
Palo Verde Valley
By Geographic Area
Based on taxable sales by
area
1Administrative cost allocations are charged to each program quarterly.
FY 2023 Revised and FY 2024 Revenue Projections
Revenue Projections
JANUARY 11, 2023
3
•Current trends
•Economic data
•Historical data
Analysis
•Measure A
•½% local transaction and use tax
•Place of consumption
•LTF
•¼% of state sales tax
•Point of sale
•TUMF
•Western County development fee
Revenues
•FY 2022/23
•Midyear revision
•FY 2023/24
•Budget development
Projections
FY 2023 Revised and FY 2024 Revenue ProjectionsTIMELINE OF EVENTS
JANUARY 11, 2023 4Source: Avenu Insights & Analytics; calendar year basis
FY 2023 Revised and FY 2024 Revenue Projections
Average Measure A
Revenues by Quarter
JANUARY 11, 2023
5
Fiscal Year Measure A
Revenue
FY 2018-19 $201,204,995
FY 2019-20 $195,036,320
FY 2020-21 $242,943,840
FY 2021-22 $280,170,581
FY 2023 Revised and FY 2024 Revenue Projections
Economic Category Trends
JANUARY 11, 2023 6Source: Avenu Insights & Analytics; calendar year basis
FY 2023 Revised and FY 2024 Revenue Projections
Sales Tax Revenue Projections
JANUARY 11, 2023
7
Actuals Projected
FY 2021/22 FY 2022/23 FY 2023/24
Measure A
Adopted budget
$280,170,581
$255,000,000 -
June 2022 --
January 2023 $275,000,000 $280,000,000
LTF
Adopted budget
$150,693,950
$130,000,000 -
June 2022 --
January 2023 $150,000,000 $155,000,000
FY 2023 Revised and FY 2024 Revenue Projections
Measure A & LTF Details
JANUARY 11, 2023
8
80.0%
19.5%
0.5%
Measure A by Geographic Area
Western County
Coachella Valley
Palo Verde Valley
5%2%
93%
LTF Apportionment
Administration & Planning
SB 821 Bicycle & Pedestrian
Transit
FY 2023 Revised and FY 2024 Revenue Projections
TUMF Revenue Projection
JANUARY 11, 2023
9
Actual Projected
FY 2021/22 FY 2022/23 FY 2023/24
Adopted budget
$35,509,526
$30,000,000 -
June 2022 --
January 2023 $30,000,000 $30,000,000
FY 2023 Revised and FY 2024 Revenue Projections
Next Steps
JANUARY 11, 2023
10
FY 2022/23 midyear
revised projections
•Board approval
•Budget
adjustments
•Advise local
jurisdictions
FY 2023/24
projections
•Board approval
•Budget
development
•Advise local
jurisdictions
Monitor revenue
trends
•Propose
adjustments as
necessary
FY 2023 Revised and FY 2024 Revenue Projections
Staff Recommendations
JANUARY 11, 2023 11
Agenda Item # 8
Agenda Item # 9
•Approve revised FY 2022/23 revenue
projections
•$275 million for Measure A
•$150 million for LTF
•Approve Measure A budget adjustments to
increase revenues $20 million and
expenditures and transfers out of $7.7
million
•Approve LTF budget adjustments to
increase sources $20.0 million and uses
approximately $2.2 million
Receive and File Sales Tax Analysis
•Quarter 2, 2022 (Q2-2022)
Agenda Item # 10
Approve FY 2023/24 revenue projections
•$280 million for Measure A
•$155 million for LTF
•$30 million for TUMF
QUESTIONS & COMMENTS
12
AGENDA ITEM 9
Agenda Item 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Sergio Vidal, Chief Financial Officer
THROUGH: Anne Mayer, Executive Director
SUBJECT: Fiscal Year 2022/23 Mid-Year Revised Revenue Projections
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve the mid-year Fiscal Year (FY) 2022/23 revenue projections of $275 million for
Measure A sales tax revenues, and $150 million for Local Transportation Fund (LTF)
revenue;
2) Approve the budget increase adjustments to Measure A revenues of $20 million and
expenditures of $7,707,000 to reflect the revised Measure A projection; and
3) Approve the budget increase adjustments to LTF revenues of $20 million, transfers in of
$1,759,000 and expenditures and transfers out of $2,199,000 to reflect the revised LTF
projection.
BACKGROUND INFORMATION:
Upon the adoption of the FY 2022/23 Budget, the Commission approved revenue projections for
Measure A, LTF, and TUMF revenues. The revenue projections approved during the budget
process were conservative due to the uncertain economic climate resulting from both rising
inflation and interest rates along with concern on what the impact of this environment would
have on the region’s economy.
Like past years, staff reviewed Measure A, LTF, and TUMF revenues received through November
2022 to determine if any mid-year adjustments are necessary. Staff considered historical and
current trends of the receipts and economic data collected from various sources including an
economic forecast from University of California – Riverside (UCR). The outlook on the local
economy is cautiously optimistic while citing a continued rise in interest rates and general price
increases may result in a slowdown. As the region continues to add new jobs, 40,000 since its
pre-pandemic peak in February 2020, and experience of modest population growth (increase of
0.7 percent between 2019 and 2022) taxable sales increased. However, a large driver in the
region’s increase in taxable sales is generated from general price increases and inflation, resulting
in higher than anticipated Measure A and LTF sales tax receipts. Although the Riverside County
has experienced higher than anticipated sales tax receipts, its costs have also increased during
136
Agenda Item 9
the same period, specifically inflation Consumer Price Index (CPI) has risen 9 percent since
July 2021 and 21 percent since July 2018 (pre-pandemic).
Measure A Sales Tax Revenues
Measure A sales tax revenues are the local half-cent transactions and use tax approved by
Riverside County voters in November 2002. Measure A sales tax revenues fund highway, regional
arterial, local streets and roads, new corridors, economic development, bond financing, bus
transit, commuter rail, commuter assistance, and specialized transportation projects in the three
geographic areas of Riverside County, as defined in the Measure A Expenditure Plan.
The audited FY 2021/22 revenues were approximately $280 million — 15 percent above the
FY 2020/21 revenues, and FY 2022/23 revenues through October are 37 percent of the June 2022
projection of $255 million. The implementation of internet sales taxes in 2019 due to the Wayfair
decision is a significant factor in the positive results within both general retail and transportation
categories along with general price increases due to the current inflationary environment. Staff
continues to review quarterly Measure A sales tax revenues economic data available on the
California Department of Tax and Fee Administration’s website as well as data prepared by the
Commission’s sales tax consultant, MuniServices, an Avenu Insights and Analytics Corporation.
Since FY 2021/22 actual results have exceeded January 2022 projections, staff recommends a
mid-year revision to the FY 2022/23 Measure A sales tax projection of $275 million reflecting a
modest slowdown however largely in alignment with the prior year receipts (FY 2021/22). This
is a $20 million, or 8 percent, increase from the original FY 2022/23 projection of $255 million.
The revision reflects continued conservatism and in-line with general price increases for the
region in the prior fiscal year.
LTF Sales Tax Revenues
LTF sales tax revenues represent a quarter cent of the statewide sales tax and primarily fund
transit requirements within the county in addition to planning and administration activities and
bicycle and pedestrian projects. These revenues approximate 54 percent of Measure A sales tax
revenues.
LTF sales tax revenues have also exceeded expectations. The audited FY 2021/22 revenues
totaled approximately $151 million — 19 percent above the January 2022 revised mid-year
projection of $127 million, and FY 2022/23 revenues through September are 39 percent of the
June 2022 projection of $130 million. Like Measure A sales tax revenues, staff recommends a
mid-year revision to the FY 2022/23 LTF projection of $150 million in alignment with receipts
collected in the prior fiscal year. The revised projection is a $20 million, or 15 percent, increase
from the January 2022 projection of $130 million.
137
Agenda Item 9
TUMF Revenues
TUMF revenues represent the Commission’s share of revenues generated from a development
fee program administered by the Western Riverside Council of Governments (WRCOG). Local
Western County jurisdictions collect fees charged to ensure new development pays for the new
transportation facilities needed to accommodate growth.
TUMF revenues collected during the current fiscal year total $10.7 million, outpacing last year’s
collections thru the reporting period September 2022. However, due to the uncertain nature for
TUMF receipts which tend to fluctuate significantly, it is challenging to both identify and project
any trends. Furthermore, after discussion with cognizant agencies development is anticipated to
slowdown in the near future. Thus, staff recommends no adjustment to the current fiscal year
(2022/23) revenue projection of $30 million.
Mid-Year Revised Revenue Projections Summary
The mid-year revised revenue projections for Measure A, and LTF are summarized as follows:
Revenue Source
FY 2021/22
Actuals
FY 2022/23
Budget
FY 2022/23
Mid-Year Budget
Revision
Increase
from Original
Budget
(Adjustment)
Measure A $ 280,170,582 $ 255,000,000 $ 275,000,000 $ 20,000,000
LTF 150,693,950 130,000,000 150,000,000 20,000,000
Any change in Measure A sales tax revenue projections has a direct effect on the distributions to
the geographic areas and related local streets and roads (LSR) programs. Since there is a
$20 million increase in the Measure A revenue projections, staff also recommends budget
adjustments for LSR expenditures of $5,928,000 and Coachella Valley highways and regional
arterials expenditures of $1,779,000—an aggregate total of $7,707,000.
In addition to the $20 million increase in projected LTF sales tax revenues, staff recommends
budgets adjustments for the following expenditures and transfers in/out:
• A $440,000 increase in the allocation to the Southern California Association of
Governments for planning; and
• A $1,759,000 increase in transfers out to the General fund and corresponding transfers in
from the LTF fund to the General fund for Commission planning allocations.
The increase for SB 821 bicycle and pedestrian projects of approximately $1,129,000 does not
require a budget adjustment, as this amount will be included in the amount available for the next
call for projects.
138
Agenda Item 9
The revised LTF projections include the audited FY 2021/22 carryover available to local
governments and transit agencies of $38.6 million; the carryover represents the difference in the
prior fiscal year’s projected and actual revenues and does not require a budget adjustment. The
increase in the LTF balance available for apportionments for transit operators of approximately
$49,760,000 also does not require a budget adjustment, as this amount will be available for any
transit allocation adjustments based on amendments to transit operator Short Range Transit
Plans (SRTPs) and for transit operators in the preparation of the FY 2023/24 SRTPs.
Upon Commission approval, staff will provide this updated information to the necessary local
governments and transit operators for planning purposes. Additionally, staff will continue to
monitor FY 2022/23 revenues to determine if any other adjustments to the revenue projections
for Measure A and LTF administration are necessary.
139
Agenda Item 9
Financial Information
In Fiscal Year Budget: No Year: FY 2022/23 Amount: $41,759,000 additional sources
$9,906,000 additional uses
Source of Funds: 2009 Measure A and LTF Budget Adjustment: Yes
GL/Project
Accounting No.:
Measure A
$ 5,020,000 623999 401 40101 262 31 40101 (Sources)
1,820,000 613999 401 40101 261 31 40101 (Sources)
1,004,000 654199 401 40101 265 33 40101 (Sources)
251,000 269 62 40101 (Sources)
314,000 260 26 40101 (Sources)
104,000 270 26 40101 (Sources)
246,000 632199 401 40101 263 41 40101 (Sources)
1,476,000 266 72 40101 (Sources)
4,774,000 267 71 40101 (Sources)
1,328,000 264 19 40101 (Sources)
196,000 683999 401 40101 268 31 40101 (Sources)
(91,000) 234 71 40101 (Sources)
1,779,000 563999 401 40101 256 31 40101 (Sources)
1,245,000 257 71 40101 (Sources)
534,000 258 26 40101 (Sources)
4,774,000 267 71 86104 (Uses)
1,245,000 257 71 86104 (Uses)
1,779,000 256 31 86405 (Uses)
(91,000) 234 31 86104 (Uses)
LTF
20,000,000 601 62 40102 (Sources)
1,759,000 106 65 59001 (Sources)
1,759,000 601 62 97001 (Uses)
440,000 601 62 86205 (Uses)
Fiscal Procedures
Approved:
Date: 12/16/2022
Attachments:
1) FY 2022/23 Revised Measure A Program Allocation
2) FY 2022/23 Revised Riverside County LTF Apportionment
140
REVISED
Projection
(1/11/2023)
Original
Projection
(1/12/2022)
Increase
(Decrease)
Projected Measure A Revenues 275,000,000$ 255,000,000$ 20,000,000$
Less: Administration 2 - - -
Projected Apportionment to Programs:
Western County
Highway Improvements (262)66,974,000 61,954,000 5,020,000
New Corridors (261)24,294,000 22,474,000 1,820,000
Public Transit
Commuter Rail (265)13,395,000 12,391,000 1,004,000
Intercity Bus (269)3,349,000 3,098,000 251,000
Specialized Transit-Operations (260)4,186,000 3,872,000 314,000
Specialized Transit-CTSA (270)1,395,000 1,291,000 104,000
Commuter Services (263)3,283,000 3,037,000 246,000
Regional Arterial (266)19,698,000 18,222,000 1,476,000
Local Streets & Roads (267)63,691,000 58,917,000 4,774,000
BANNING 877,000 857,000 20,000
BEAUMONT 3 733,600 604,800 128,800
CALIMESA 310,000 274,000 36,000
CANYON LAKE 282,000 262,000 20,000
CORONA 5,536,000 5,726,000 (190,000)
EASTVALE 3,279,000 1,997,000 1,282,000
HEMET 2,784,000 2,531,000 253,000
JURUPA VALLEY 3,323,000 3,557,000 (234,000)
LAKE ELSINORE 2,282,000 1,985,000 297,000
MENIFEE 2,993,000 2,646,000 347,000
MORENO VALLEY 6,369,000 5,710,000 659,000
MURRIETA 3,588,000 3,484,000 104,000
NORCO 962,000 931,000 31,000
PERRIS 2,838,000 3,001,000 (163,000)
RIVERSIDE 10,659,000 10,257,000 402,000
SAN JACINTO 1,478,000 1,310,000 168,000
TEMECULA 4,334,000 4,120,000 214,000
WILDOMAR 985,000 928,000 57,000
RIVERSIDE COUNTY 8,978,000 7,829,000 1,149,000
WRCOG 3 1,100,400 907,200 193,200
Bond Financing (264)17,728,000 16,400,000 1,328,000
Economic Development Projects (268)2,626,000 2,430,000 196,000
SUBTOTAL-Western County 220,619,000 204,086,000 16,533,000
Coachella Valley
Highways & Regional Arterials (256)26,626,000 24,847,000 1,779,000
Local Street & Roads (257)18,638,000 17,393,000 1,245,000
CATHEDRAL CITY 2,029,000 1,905,000 124,000
COACHELLA 799,000 758,000 41,000
DESERT HOT SPRINGS 709,000 624,000 85,000
INDIAN WELLS 286,000 256,000 30,000
INDIO 2,562,000 2,454,000 108,000
LA QUINTA 1,967,000 1,865,000 102,000
PALM DESERT 3,441,000 3,199,000 242,000
PALM SPRINGS 3,162,000 2,924,000 238,000
RANCHO MIRAGE 1,175,000 1,111,000 64,000
RIVERSIDE COUNTY 2,508,000 2,297,000 211,000
Specialized & Public Transit (258)7,988,000 7,454,000 534,000
SUBTOTAL-Coachella Valley 53,252,000 49,694,000 3,558,000
Palo Verde Valley
Local Street & Roads (234)1,129,000 1,220,000 (91,000)
BLYTHE 874,000 969,000 (95,000)
RIVERSIDE COUNTY 255,000 251,000 4,000
SUBTOTAL-Palo Verde Valley 1,129,000 1,220,000 (91,000)
TOTAL 275,000,000$ 255,000,000$ 20,000,000$
Notes:
1
2
3 In accordance with settlement agreement and release.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEASURE A PROGRAM ALLOCATION (PROJECTION)1
FY 2022/23
REVISED (1/11/2023)
Estimate for planning purposes, subject to change and rounding differences.
Administrative costs are allocated in accordance with a cost allocation plan on a quarterly
basis. Accordingly, the Measure A allocations to each geographic area by program will be
reduced for such quarterly cost allocations.
ATTACHMENT 1
141
Revised Original
Projection Projection (Decrease)
(1/11/2023)(1/12/2022)Increase
Estimated Carryover (Unapportioned)38,617,000$ -$ 38,617,000$
Estimated Receipts1 150,000,000 130,000,000 20,000,000
TOTAL 188,617,000 130,000,000 58,617,000
Less: County Auditor-Controller Administration 12,000 12,000 -
Less: Estimated RCTC Administration2 1,250,000 1,250,000 -
Less: RCTC Planning (3% of revenues)5,659,000 3,900,000 1,759,000
Less: SCAG Planning (3/4 of 1% of revenues)1,415,000 975,000 440,000
BALANCE 180,281,000 123,863,000 56,418,000
Less: SB 821 (2% of balance)3,606,000 2,477,000 1,129,000
BALANCE AVAILABLE BEFORE RESERVES 176,675,000 121,386,000 55,289,000
Less: 10% Transit Reserves 17,668,000 12,139,000 5,529,000
BALANCE AVAILABLE FOR APPORTIONMENT 159,007,000$ 109,247,000$ 49,760,000
Revised
FY 2022/23 Revised FY 2022/23 Original Projections
Population Apportionment Apportionment (Decrease)
APPORTIONMENT Population % of Total (1/11/2023)(1/12/2022)Increase
Western:1,956,247 79.70%126,732,000$ 87,072,000$ 39,660,000$
Rail 22%27,881,000 19,156,000 8,725,000
Transit 78%98,851,000 67,916,000 30,935,000
Coachella Valley 474,031 19.31%30,709,000 21,099,000 9,610,000
Palo Verde Valley 24,175 0.985%1,566,000 1,076,000 490,000
2,454,453 100.00%159,007,000$ 109,247,000$ 49,760,000$
ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005):
Western:
Rail 3,099,000$
Transit:
RTA 9,281,000$
Banning 265,000
Beaumont 378,000
Corona 310,000
Riverside 749,000
Subtotal Transit 10,983,000$ 10,983,000
Subtotal Western 14,082,000
Coachella Valley 3,412,000
Palo Verde Valley 174,000
Total Reserves 17,668,000$
NOTES:
1 Estimate for planning purposes, subject to change and rounding differences. Rounded to the nearest thousand.
2 Amount is an estimate; administrative costs are allocated in accordance with a cost allocation plan on a quarterly basis.
Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2021.
Allocation of reserves: FY 2021/22 SRTP funding allocations approved 6/28/2021.
RIVERSIDE COUNTY
LOCAL TRANSPORTATION FUND
FY 2022/23 APPORTIONMENT
REVISION January 11, 2023
N:\LTF\LTF Projections\2022-2023 Apportionments_Mid Year Revision_1.11.2023 12/8/20221:37 PM
ATTACHMENT 2
142
AGENDA ITEM 10
Agenda Item 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Sergio Vidal, Chief Financial Officer
THROUGH: Anne Mayer, Executive Director
SUBJECT: Fiscal Year 2023/24 Revenue Projections
STAFF RECOMMENDATION:
This item is for the Commission to:
1) Approve the projection for Measure A revenues of $280 million for Fiscal Year 2023/24;
2) Approve the projection for Local Transportation Fund (LTF) apportionment of
$155 million for the Western Riverside County, Coachella Valley, and Palo Verde Valley
areas for FY 2023/24; and
3) Approve the projection for Transportation Uniform Mitigation Fee (TUMF) revenues of
$30 million for FY 2023/24.
BACKGROUND INFORMATION:
Prior to commencement of the annual budget process, the Chief Financial Officer presents to the
Commission the projections for Measure A, LTF, and TUMF revenues related to the upcoming
fiscal year. These revenue projections include consideration of historical and current trends of
receipts and economic data collected from various sources, including the quarterly sales tax
forecast of Measure A sales tax revenues prepared by its sales tax consultant, MuniServices, LLC,
an Avenu Company and a study prepared by University of California – Riverside (UCR).
Measure A Sales Tax Revenues
The Measure A sales tax revenues projection consists of revenues generated from the local half-
cent transactions and use tax approved by voters in November 2002. Measure A sales tax funds
are primarily used to fund highway, regional arterial, local streets and roads, new corridors,
economic development, bond financing, bus transit, commuter rail, commuter assistance, and
specialized transportation projects in the three geographic areas of Riverside County, as defined
in the Measure A Expenditure Plan. The percentage of Measure A sales tax revenues allocated
to each of these geographic areas is based on return to source of the sales tax revenues
generated. FY 2023/24 represents the 15th year of the 30-year term of the 2009 Measure A.
The Measure A sales tax revenue projection for FY 2023/24 is $280 million. The estimate is
slightly higher than the FY 2022/23 mid-year projection of $275 million. Considering the
143
Agenda Item 10
continued uncertainty regarding rise in both interest rates and general price increases, the
forecast for the upcoming fiscal year is conservative and represents caution based on current
economic forecast information. This projection will become the basis for the preparation for the
FY 2023/24 budget. The budget process typically commences in January of each year following
the development of the Measure A sales tax revenue projections. Additionally, the amounts for
the local streets and roads programs are usually provided to the local jurisdictions for planning
purposes.
The projected amount of Measure A sales tax revenues available for distribution to the three
geographic areas is $280 million prior to an administrative cost allocation, as summarized below
and presented in further detail by program on the attachment:
Geographic Area Amount
Western Riverside County $ 223,745,000
Coachella Valley 55,168,000
Palo Verde Valley 1,087,000
Total $ 280,000,000
Administrative costs are allocated in accordance with a cost allocation plan on a quarterly basis.
Accordingly, the Measure A allocations to each geographic area by program will be reduced for
such quarterly cost allocations.
Local Transportation Fund Sales Tax Revenues
The LTF projection consists of revenues generated from a quarter cent of the statewide sales tax.
These LTF funds are principally used to fund transit requirements within the county of Riverside
(County). The Transportation Development Act (TDA) legislation that created LTF requires the
County Auditor Controller to annually estimate the amount of revenues expected to be
generated from the sales tax. The estimate then becomes the basis for geographic
apportionment and for claimant allocation through the Short-Range Transit Plan (SRTP) process,
which commences in February 2023 for the upcoming fiscal year.
While the County is the taxing authority and maintains the custodial responsibility over the LTF
revenues, the Commission by statute is charged with administration of the LTF funding process.
Therefore, the practice has been for staff to develop the revenue estimate and then submit it to
the County Auditor Controller for concurrence. Once the Commission and the County agree on
a revenue amount, staff prepares the statutorily required apportionment. Apportionment is the
process that assigns revenues to the three major geographic areas as defined by TDA law within
the County: Western Riverside County, Coachella Valley, and Palo Verde Valley. The revenues
are divided based on the respective populations for each area. The apportionment occurs after
off-the-top allocations for administration to the County and Commission and set asides for
Southern California Association of Governments planning (3/4 of 1 percent), local planning
activities (3 percent), and bicycle and pedestrian projects (2 percent). The Commission’s
administration allocation is an estimate; the actual amount is subject to quarterly amounts
144
Agenda Item 10
determined per the administrative cost allocation plan. Any difference in allocated Commission
administration costs will be reflected in next year’s estimated carryover.
Attached is the FY 2023/24 LTF apportionment based on a revenue estimate of $155 million. The
estimate will be submitted to the County for its concurrence. The estimate is slightly higher than
the FY 2022/23 mid-year projection of $150 million. Like the Measure A sales tax revenue
projection, the increase is conservative and represents caution based on rising interest rates and
general price increases along with current economic forecast information. After the deductions
for estimated administration of approximately $1,262,000 and set asides of approximately
$8,772,000, the amount available for apportionment before reserves to transit operators is
approximately $144,966,000. The balance available for apportionment before reserves is as
follows:
Geographic Area Amount
Western Riverside County $118,617,000
Coachella Valley 24,937,000
Palo Verde Valley 1,412,000
Total $144,966,000
In accordance with the Reserve Policy adopted by the Commission at its January 12, 2005
meeting, a reserve of 10 percent for each apportionment area will be established and set aside
for FY 2023/24, for unforeseen cost increases or other emergency. For the Western Riverside
County apportionment area, a portion of the reserve will be allocated to each of the transit
operators. For Western County public bus transit operators, the allocation of the reserve is based
on each operator’s proportionate share of the FY 2022/23 LTF operating and federal Coronavirus
Aid, Relief, and Economic Security (CARES) Act; Coronavirus Response and Relief Supplemental
Appropriations Act of 2021 (CRRSAA); and American Rescue Plan Act of 2021 (ARPA) allocations.
The CARES Act, CRRSAA, and ARPA funds provided federal support to transit operators due to
anticipated COVID-19 impacts on public transit and thereby reduced the LTF operating
allocations. Operators may access reserve funds by amending their SRTPs through the
established amendment and Commission approval process.
Transportation Uniform Mitigation Fee
The TUMF projection consists of revenues generated from fees charged to new development to
ensure it pays for the new transportation facilities needed to accommodate growth. As a result
of a memorandum of understanding executed in 2008 between the Commission and the Western
Riverside Council of Governments (WRCOG), the administrator of the TUMF program, the
Commission receives a significant share of TUMF revenues, after a WRCOG administrative
allocation, for the Commission’s regional arterial and Community Environmental Transportation
Acceptability Process programs that is equal to the WRCOG share for the TUMF zone program.
The revenue estimate for FY 2023/24 is $30 million, the same as the FY 2022/23 mid-year
projection. Staff will continue to monitor trends, current year cash receipts along with discussion
with WRCOG to determine if any further revisions are required for this revenue source.
145
Agenda Item 10
Next Steps
Upon Commission approval, staff will provide this information to the local jurisdictions and
transit operators for planning purposes. Staff will continue to monitor FY 2022/23 revenues
during the development of the FY 2023/24 budget to determine if any adjustments to the
revenue projections are necessary.
Financial Information
In Fiscal Year Budget: N/A Year: FY 2023/24 Amount:
$280,000,000 Measure A;
$155,000,000 LTF;
$30,000,000 TUMF
Source of Funds: 2009 Measure A, LTF, and TUMF Budget Adjustment: N/A
GL/Project Accounting No.:
Measure A
$ 67,923,000 623999 401 40101 262 31 40101
24,639,000 613999 401 40101 261 31 40101
13,585,000 654199 401 40101 265 33 40101
3,396,000 269 62 40101
4,245,000 260 26 40101
1,415,000 270 26 40101
3,330,000 632199 401 40101 263 41 40101
19,977,000 266 72 40101
64,591,000 267 71 40101
17,980,000 264 19 40101
2,664,000 683999 401 40101 268 31 40101
27,584,000 563999 401 40101 256 31 40101
19,309,000 257 71 40101
8,275,000 258 26 40101
1,087,000 234 71 40101
LTF
155,000,000 601 62 40102
TUMF
15,000,000 725000 416 41607 210 72 42110
15,000,000 735000 416 41607 210 73 42110
Fiscal Procedures Approved:
Date: 12/16/2022
Attachments:
1) FY 2023/24 Measure A Program Allocation – Projection
2) FY 2023/24 Riverside County LTF Apportionment - Projections
146
ORIGINAL
Projection
(1/11/2023)
Projected Measure A Revenues 280,000,000$
Less: Administration 2 -
Projected Apportionment to Programs:
Western County
Highway Improvements (262)67,923,000
New Corridors (261)24,639,000
Public Transit
Commuter Rail (265)13,585,000
Intercity Bus (269)3,396,000
Specialized Transit-Operations (260)4,245,000
Specialized Transit-CTSA (270)1,415,000
Commuter Services (263)3,330,000
Regional Arterial (266)19,977,000
Local Streets & Roads (267)64,591,000
BANNING 885,000
BEAUMONT 3 875,000
CALIMESA 318,000
CANYON LAKE 286,000
CORONA 5,611,000
EASTVALE 3,219,000
HEMET 2,791,000
JURUPA VALLEY 3,381,000
LAKE ELSINORE 2,293,000
MENIFEE 3,028,000
MORENO VALLEY 6,392,000
MURRIETA 3,615,000
NORCO 985,000
PERRIS 2,858,000
RIVERSIDE 10,776,000
SAN JACINTO 1,502,000
TEMECULA 4,354,000
WILDOMAR 1,005,000
RIVERSIDE COUNTY 9,104,000
WRCOG 3 1,313,000
Bond Financing (264)17,980,000
Economic Development Projects (268)2,664,000
SUBTOTAL-Western County 223,745,000
Coachella Valley
Highways & Regional Arterials (256)27,584,000
Local Street & Roads (257)19,309,000
CATHEDRAL CITY 2,040,000
COACHELLA 832,000
DESERT HOT SPRINGS 723,000
INDIAN WELLS 331,000
INDIO 2,670,000
LA QUINTA 2,013,000
PALM DESERT 3,564,000
PALM SPRINGS 3,318,000
RANCHO MIRAGE 1,212,000
RIVERSIDE COUNTY 2,606,000
Specialized & Public Transit (258)8,275,000
SUBTOTAL-Coachella Valley 55,168,000
Palo Verde Valley
Local Street & Roads (234)1,087,000
BLYTHE 841,000
RIVERSIDE COUNTY 246,000
SUBTOTAL-Palo Verde Valley 1,087,000
TOTAL 280,000,000$
Notes:
1
2
3
Estimate for planning purposes, subject to change and rounding differences.
Administrative costs are allocated in accordance with a cost allocation plan on a
quarterly basis. Accordingly, the Measure A allocations to each geographic area
by program will be reduced for such quarterly cost allocations.
In accordance with settlement agreement and release.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEASURE A PROGRAM ALLOCATION (PROJECTION)1
FY 2023/24
ORIGINAL (1/11/2023)
ATTACHMENT 1
147
Original
Projection
(1/11/2023)
Estimated Carryover (Unapportioned)-$
Estimated Receipts1 155,000,000
TOTAL 155,000,000
Less: County Auditor-Controller Administration 12,000
Less: Estimated RCTC Administration2 1,250,000
Less: RCTC Planning (3% of revenues)4,650,000
Less: SCAG Planning (3/4 of 1% of revenues)1,163,000
BALANCE 147,925,000
Less: SB 821 (2% of balance)2,959,000
BALANCE AVAILABLE BEFORE RESERVES 144,966,000
Less: 10% Transit Reserves 14,497,000
BALANCE AVAILABLE FOR APPORTIONMENT 130,469,000$
FY 2022/23 Revised
Population Apportionment
APPORTIONMENT Population % of Total (1/12/2022)
Western:1,969,706 81.82%106,755,000$
Rail 22%23,486,000
Transit 78%83,269,000
Coachella Valley 414,091 17.20%22,443,000
Palo Verde Valley 23,451 0.97%1,271,000
2,407,248 100.00%130,469,000$
ALLOCATION OF TRANSIT RESERVES (in accordance with Reserve Policy adopted January 12, 2005):
Western:
Rail 2,611,000$
Transit:
RTA 7,953,000$
Banning 227,000
Beaumont 310,000
Corona 177,000
Riverside 584,000
Subtotal Transit 9,251,000$ 9,251,000
Subtotal Western 11,862,000
Coachella Valley 2,494,000
Palo Verde Valley 141,000
Total Reserves 14,497,000$
NOTES:
1 Estimate for planning purposes, subject to change and rounding differences. Rounded to the nearest thousand.
2 Amount is an estimate; administrative costs are allocated in accordance with a cost allocation plan on a quarterly basis.
Population Source: California Department of Finance, Demographic Research Unit as of January 1, 2022.
Allocation of transit reserves: FY 2022/23 SRTP funding allocations approved 6/29/2022.
RIVERSIDE COUNTY
LOCAL TRANSPORTATION FUND
FY 2023/24 APPORTIONMENT
Original January 11, 2023
N:\LTF\LTF Projections\2023-2024 Apportionments_Original_1.11.2023 12/8/20221:37 PM
ATTACHMENT 2
148
AGENDA ITEM 11
Agenda Item 11
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: January 11, 2023
TO: Riverside County Transportation Commission
FROM: Brian Cunanan, Commuter & Motorist Assistance Manager
THROUGH: Anne Mayer, Executive Director
SUBJECT: Metrolink Corporate Partner Program Agreement to Fulfill the Low Carbon
Transit Operation Program Free Rail Pass Program
STAFF RECOMMENDATION:
This item is for the Commission to:
1)Approve Agreement No. 23-41-029-00 with Southern California Regional Rail Authority
(Metrolink) Corporate Partner Program; and
2)Authorize the Chair or Executive Director, pursuant to legal counsel review, to finalize and
execute the agreement, on behalf of the Commission.
BACKGROUND INFORMATION:
In April 2022, the Commission adopted Resolution No. 22-008 “Authorization for the Execution
of the Certifications and Assurances and Authorized Agent Forms for the Low Carbon Transit
Operations Program (LCTOP) for the Riverside County Free Rail Pass Program in the amount of
$2,406,486”, in order to submit and apply for the LCTOP grant to fund a free rail pass program
(Program). The application was subsequently approved by the California Department of
Transportation in August 2022. Staff is working to bring the Program to market in 2023 to support
rail recovery efforts and to help expand access to public transportation for disadvantaged and
low-income populations by reducing the financial barriers to trying public transportation. As well,
staff is working to ensure the program is easily accessible for college and university students to
participate.
The free passes will be distributed to participants with a verified home address within Riverside
and San Bernardino Counties over a three-month period through IE Commuter, RCTC and San
Bernardino County Transportation Authority’s (SBCTA) bi-county Commuter Assistance Program
website. Free roundtrip tickets will be distributed using promotional codes provided through the
website and via email that can be redeemed at Metrolink station ticket kiosks. Participants with
mobile devices will be issued passes through Metrolink Mobile App, its ticketing application.
Riders without access to mobile devices will be mailed physical QuickCard passes that can be
reloaded with additional free passes during the three-month incentive period.
Fulfillment of the free passes will require coordination between consultant staff administering
the Program, IE Commuter system/database, and access to Metrolink’s Corporate Pass Program
149
Agenda Item 11
and Corporate QuickCard Program portals (Portals). To join the Program, participants will create
an IE Commuter account and have their home address verified (via third party) at
IECommuter.org. After onboarding, participants will be able to request free passes from the
Program directly through the IE Commuter website. These requests will be processed by
consultant staff utilizing the existing Metrolink Portals to distribute passes to Program
participants. As such, staff is recommending approval of a modified Metrolink Corporate Pass
program contract to enable access to the Portals in support of the LCTOP funded Program.
A tiered ticket distribution will be implemented to maximize the LCTOP funds approved for this
effort. As participants demonstrate actual ridership and frequency, they will progress and unlock
higher value tiers of ticket options. This progressive approach ensures that more expensive ticket
options are not released until a participant has demonstrated they are using the tickets provided
and minimizes unnecessary grant depletion as well as encourages repeat rail ridership.
Staff will work with consultant team to monitor and evaluate riders’ participation throughout the
program period.
FISCAL IMPACT:
There is no fiscal impact tied to the execution of the Metrolink Corporate Pass Program contract.
Attachment: Draft Agreement No. 23-41-029-00 with Metrolink
150
Last edited: 11/2022
Corporate Partner Program (CPP) Agreement
This Metrolink Corporate Partner Program Agreement (“Agreement”) is entered into as of ____________ ____, _____ and is
effective as of the date fully executed by both parties (“Effective Date”), between Southern California Regional Rail Authority
(“Metrolink”), located at 900 Wilshire Blvd. Suite 1500 Los Angeles, CA 90017 and
_________________________________________________________________________________ (“Client”) located at
_________________________________________________________________________________.
I.RESPONSIBILITIES OF CLIENT AND METROLINK
A.This Agreement sets forth the rights and obligations of the parties with respect to Metrolink’s Corporate Partner Program
(“Program”). It is Metrolink’s objective to provide a safe and convenient way for Client’s employees, tenants, and/or customers
(collectively, “Rider(s)”) to reach their destinations.
B.Client will promote the Program and Metrolink will provide the necessary marketing materials (e.g., maps, timetables, etc.) to
assist in the promotion and to enhance Riders’ awareness of Metrolink generally.
1.Once the number of Riders is determined by Client, Metrolink will provide two options for ticket distribution. Option A.
Corporate Quick Cards (“CQC”) (a magnetic strip card) for Client at no charge to distribute to its Riders. Option B. Distribute
Metrolink tickets via the Metrolink Mobile App (electronic tickets.)
2.The Client may subsidize the cost of the pass or ticket as it sees fit. However, Metrolink shall be reimbursed at the face
value of the passes and tickets notwithstanding any such subsidy.
C.Client will have electronic access to a password-protected listing (Order Form) of its CQC’s/Mobile tickets and shall be solely
responsible for updating, adding, deleting, editing, reviewing activity, holding and making changes to its Cards/electronic tickets.
II.CLIENT’S PAYMENT TO METROLINK
A.Payments are made to Metrolink at the end of each sales cycle based on actual tickets retrieved, which begins on the 1st day
of every month, and ends on the last day of the month. Metrolink will send an invoice to the Client after the 1st of the following
month with payment due Net 45 days.
B.Payment term is 45 days from the date of the invoice and can be made by Automated Clearing House (ACH), agency check
or money order payable to Metrolink and sent to: P.O. Box 514039, Los Angeles, CA 90051-4039. Please include Metrolink’s
invoice number with payment.
C.If payment is not received by 45 days from the date of invoice, interest will be charged at 1.5 percent per month on the total
amount due, until the balance is paid in full.
D.Client’s account may be suspended if payment is not received by 45 days from the due date and canceled after 90 days past
due. Canceled accounts will be sent to a collection agency.
E.Client is responsible for payment of the face value of all passes and tickets.
III.OTHER
A.Client will not assign any rights under this Agreement without prior written consent from Metrolink.
B.This Agreement may be amended by written mutual consent of the parties. Either party may terminate this Agreement by
providing 30 days written notice.
C.Client will participate in Metrolink’s 25% discount promotion. Discount will be valid for six months and will begin on date
designated by Metrolink and Client. Client will receive 25% off on each pass/ticket purchased during the designated six-month
time period. Client is responsible for distributing saving to riders.
151
Last edited: 11/2022
IV. DISCOUNT PARTICIPATION
A.When applicable, Client agrees to make the Metrolink 25% discount available to all employees who wish to
B.When applicable, Client agrees to communicate the Metrolink 25% discount in the following ways:
Office signage (i.e. poster, flyer)
Email Communication
Orientation Kits
Meeting
Human Resources
Employee Transportation Coordinator (ETC)
C.When applicable, Client agrees to distribute an anonymous survey provided by Metrolink to all employees who participate
in the Metrolink 25% discount program to comply with federal requirements (Title VI).
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
Name of Signee (Client): __________________________Metrolink Signee: ________________________________
Title: __________________________________________
Signature: ______________________________________ Signature: ______________________________________
Date: __________________________________________ Effective Date:____________________________________
1.Client is not an employee of Metrolink within the meaning of any Worker’s Compensation Law, or any law
2.New Corporate Partners are subject to a credit check.
Title: __________________________________________
participate in the program.
which would entitle Client to benefits arising out of any State or Federal Unemployment, or old age fund or similar
law, or any right or privilege extended by Metrolink to its employees. Client’s authority is limited to the sale or
distribution of passes and tickets.
152
METROLINK CORPORATE PARTNER
PROGRAM AGREEMENT
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
JANUARY 11, 2023
1
Brian Cunanan,
Commuter & Motorist Assistance Manager
External Affairs Department
2
Supporting Rail Recovery in
Riverside County
•$2.4 million in Low Carbon Transit Operations
Program (LCTOP) funding from Caltrans
•Free Metrolink Passes to Riverside County residents
for a three-month period
•Implemented through IECommuter, in partnership
with SBCTA
3
Maximizing Available LCTOP Funding
•Tiered program approach
•Leverage existing pass
fulfillment system
•Split custom programming
costs with SBCTA
Staff Recommendation
4
1)Approve Agreement No. 23-41-029-00 with Southern California
Regional Rail Authority (Metrolink) Corporate Partner Program
Agreement; and
2)Authorize the Chair or Executive Director, pursuant to legal
counsel review, to finalize and execute the agreement, on behalf of
the Commission.
QUESTIONS
5
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
COMMISSIONER SIGN -IN SHEET
JANUARY 11, 2023
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ROLL CALL
JANUARY 11, 2023
Present Absent
County of Riverside, District I X
County of Riverside, District II X
County of Riverside, District III X
County of Riverside, District IV X
County of Riverside, District V X
City of Banning X
City of Beaumont X
City of Blythe X
City of Calimesa X
City of Canyon Lake X
City of Cathedral City X
City of Coachella X
City of Corona X
City of Desert Hot Springs X
City of Eastvale X
City of Hemet X
City of Indian Wells X
City of Indio X
City of Jurupa Valley X
City of La Quinta X
City of Lake Elsinore X
City of Menifee X
City of Moreno Valley X
City of Murrieta X
City of Norco X
City of Palm Desert X
City of Palm Springs X
City of Perris X
City of Rancho Mirage X
City of Riverside X
City of San Jacinto X
City of Temecula X
City of Wildomar X
Governor’s Appointee, Caltrans District 8 X
TO: Riverside County Transportation Commission
FROM: Lisa Mobley, Administrative Services Director/Clerk of the Board
DATE: January 3, 2023
SUBJECT: G.C. 84308 Compliance – Potential Conflict of Interest
California Government Code 84308 states a Commissioner may not participate in any discussion or action
concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12
months or 3 months following the conclusion from a bidder or bidder’s agent. This prohibition does not apply
to the awarding of contracts that are competitively bid. The Commission’s procurement division asks potential
vendors to disclose any contributions made to the campaigns of any Commissioner as part of their submitted
bid packets. As an additional precaution, those entities are included below in an effort to give Commissioners
opportunity to review their campaign statements for potential conflicts. Please note the entities listed in this
memo are not encompassing of all potential conflicts and are in addition to any personal conflicts of interest
such as those disclosed on Statement of Economic Interests – Form 700 or prohibited by Government Code
Section 1090. Please contact me should you have any questions.
Agenda Item No. 7C - Amendments for On-Call Public Outreach and Marketing Services
Consultant(s): Arellano Associates MBI Media
Genoveva L. Arellano, Principal Matthew Castle, President
5851 Pine Avenue, #A 100 S. Citrus Avenue, #206
Chino Hills, CA 91709 Covina, CA 91723
Celtis Ventures, Inc. MIG, Inc.
Matt Raymond, President/CEO Daniel S. Iacofano, President/CEO
20351 Irvine Ave., #C-4 800 Hearst
Newport Beach, CA 92660 Berkeley, CA 94710
CityWorks People + Places, Inc.
Catherine Smith, CFO Partner
1526 India Street, Suite E
San Diego, CA 92101
RCTC Potential Conflicts of Interest
January 3, 2023
Page 2
Agenda Item No. 7E - Amendment for Construction Management Services, Materials Testing, and
Construction Surveying for the Interstate 215/Placentia Avenue Interchange Project
Consultant(s): Vali Cooper & Associates, Inc.
Jagdish Patel, Project Manager
1935 Chicago Avenue, Unit A
Riverside, CA 92507
Agenda Item No. 7G - Agreements for Freeway Service Patrol Tow Truck Service
Consultant(s): Royal Coaches Auto Body & Towing
William Salazar, President & CEO
14827 Ramona Boulevard
Baldwin Park, CA 91706
Coastal Pride
Frank Barka, President
380 N. Orange Street
Riverside, CA 92501