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03 March 12, 2008 Commission83617 RECORDS RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING AGENDA TIME: 9:30 a.m. DATE: Wednesday, March 12, 2008 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside Commissioners Chair: Jeff Stone 1' Vice Chair: Bob Magee 2nd Vice Chair: Bob Buster Bob Buster, County of Riverside John F. Tavaglione, County of Riverside Jeff Stone, County of Riverside Roy Wilson, County of Riverside Marion Ashley, County of Riverside Bob Botts / Brenda Salas, City of Banning Roger Berg / Jeff Fox, City of Beaumont Joseph DeConinck / Robert Crain, City of Blythe John Chlebnik / Ray Quinto, City of Calimesa Mary Craton / John Zaitz, City of Canyon Lake Gregory S. Pettis / Kathleen DeRosa, City of Cathedral City Eduardo Garcia / Steven Hernandez, City of Coachella Jeff Miller / Eugene Montanez, City of Corona Yvonne Parks / Scott Matas, City of Desert Hot Springs Robin Lowe / Eric McBride, City of Hemet Patrick J. Mullany / Larry Spicer, City of Indian Wells Michael H. Wilson / Melanie Fesmire, City of Indio Terry Henderson / Don Adolph, City of La Quinta Bob Magee / Robert L. Schiffner, City of Lake Elsinore Frank West / Charles White, City of Moreno Valley Rick Gibbs / Kelly Bennett, City of Murrieta Frank Hall / Malcolm Miller, City of Norco Dick Kelly / Cindy Finerty, City of Palm Desert Ginny Foat / Steve Pougnet, City of Palm Springs Daryl Busch / Mark Yarbrough, City of Perris Gordon Moller / Alan Seman; City of Rancho Mirage Steve Adams / Andy Melendrez, City of Riverside Chris Carlson / Jim Ayres, City of San Jacinto Ron Roberts / Jeff Comerchero, City of Temecula Mike Perovich, Governor's Appointee Anne Mayer, Executive Director John Standiford, Deputy Executive Director Comments are welcomed by the Commission. if you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. 11.36.00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item -listed on the agenda 9:30 a.m. Wednesday, March 12, 2008 BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Commission meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS - Each individual speaker is limited to speak three (3) continuous minutes or less. The 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 Board should not take action on or discuss matters raised during public comment portion of the agenda which are not listed on the agenda. Board members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. 5. APPROVAL OF MINUTES - JANUARY 9 AND FEBRUARY 13, 2008 Riverside County Transportation Commission Agenda March 12, 2008 Page 2 6. ADDITIONS/REVISIONS - The Commission may add an item to the Agenda after making a finding that there is a need to rake 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. !f 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. 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. AGREEMENTS WITH MCGLADREY AND PULLEN, LLP AND MAYER HOFFMAN MCCANN P.C. FOR AUDIT SERVICES FOR THE COMMISSION AND FOR THE MEASURE A RECIPIENTS/TRANSPORTATION DEVELOPMENT ACT CLAIMANTS Overview This item is for the Commission to: 1) 2) 3) Page 1 Award Agreement No. 08-19-075-00 to McGladrey and Pullen, LLP to perform audit services related to the Commission in the amount of $363,950, plus a contingency amount of $36,050 for additional services that may be required in connection with debt offerings and other transactions, for a total contract award of $400,000; Award Agreement No. 08-19-074-00 to Mayer Hoffman McCann P.C. to perform audit services related to the Commission's Measure A recipients/Transportation Development Act (TDA) claimants in the amount of $589,218, plus a contingency amount of $50,782 for additional services that may be required due to additional recipients or claimants to be audited; for a total contract award of $640,000; and Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. 7B. MID -YEAR BUDGET ADJUSTMENTS Page 39 Overview This item is for the Commission to approve an increase of $122,000 in Fiscal Year 2007/08 expenditures for mid -year budget adjustments. • Riverside County Transportation Commission Agenda March 12, 2008 Page 3 7C. QUARTERLY FINANCIAL STATEMENTS Page 41 Overview This item is for the Commission to receive and file the Quarterly Financial Statements for the quarter ended December 31, 2007. 7D. QUARTERLY INVESTMENT REPORT Page 46 Overview This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended December 31, 2007. 7E. SINGLE SIGNATURE AUTHORITY REPORT Page 59 Overview This item is for the Commission to receive and file the Single Signature Authority Report for the quarter ended December 31, 2007. 7F. MEASURE A WESTERN COUNTY REGIONAL ARTERIAL CALL FOR PROJECTS Page 61 Overview This item is for the Commission to receive and file the status of Measure A Western County regional arterial call for projects. 7G. CITY OF CORONA TRANSPORTATION UNIFORM MITIGATION FEE PROGRAMMING REQUEST FOR ADDITIONAL FUNDING FOR THE FOOTHILL PARKWAY EXTENSION PROJECT FROM PASEO GRANDE TO LINCOLN AVENUE Page 68 Overview This item is for the Commission to: 1) Approve the city of Corona's request to increase the Transportation Uniform Mitigation Fee (TUMF) regional arterial funds for the right-of-way phase on the Foothill Parkway extension project from S2 million to $12 million; 2) Approve . an increase for expenditures of $10 million in the FY 2007/08 budget; and 3) Amend the TUMF agreement. Riverside County Transportation Commission Agenda March 12, 2008 Page 4 7H. EVALUATION CRITERIA FOR PERRIS VALLEY LINE STATION DEVELOPMENT PRIORITY LIST Page 71 Overview This item is for the Commission to approve the evaluation criteria for the Perris Valley Line (PVL) Station Development Priority List. 71. COMMUTER RAIL PROGRAM UPDATE Overview This item is for the Commission to receive and file an update on the Commuter Rail Program as an information item. Page 73 7J. PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT,. AND SERVICE ENHANCEMENT ACCOUNT FUNDS AND STATE TRANSIT ASSISTANCE FUNDS TO PUBLIC TRANSIT OPERATORS Overview This item is for the Commission to: Page 82 • 1) Allocate Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds in the amount of $210,000 to the city of Corona, $990,000 to the city of Riverside, $1. million to the Commission's Commuter Rail Program, and $4,020,564 to SunLine Transit Agency (SunLine), and allocate $8,877,273 in PTMISEA funding and $3,622,727 in State Transit Assistance (STA) funds to Riverside Transit Agency (RTA) to enable these transit operators to procure vehicles and equipment and fund facility improvements; 2) Approve amendments to the city: of Corona (pending City Council approval March 5, 2008), city of Riverside, and the Commission's Commuter Rail Program FY 2007/08 Short Range Transit Plans (SRTP) to reflect an increase in capital expenditures in the amount of $210,000, $990,000, and $1 million respectively; 3) Approve amendment No. 3 to the RTA and SunLine FY 2007/08 SRTPs to reflect an increase in capital expenditures in the amounts of $12.5 million and $4,020,564, respectively; and 4) Approve a budget amendment for a $3,622,727 increase to STA® expenditures in FY 2007/08. Riverside County Transportation Commission Agenda March 12, 2008 Page 5 7K. PROPOSED AUGMENTATION TO THE FARE BOX RECOVERY POLICY Page 86 Overview This item is for the Commission to: 1) Review and approve the addition of the definition of Operating Costs to Calculate Farebox Ratios to the Fare Box Recovery Policy; 2) Review and approve the addition of the definition of Capital -Related Expenses Below Capitalization Thresholds to the Fare Box Recovery Policy; and 3) Review and approve the addition of the definition of Operating Cost Exclusions and Exemptions to the Fare Box Recovery Policy. 7L. COLLECTION AGREEMENT BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND USDA FOREST SERVICE, CLEVELAND NATIONAL FOREST FOR THE PROPOSED IRVINE-CORONA EXPRESSWAY PROJECT Page 99 Overview This item is for the Commission to: 1) Approve Agreement 07-65-157-01, Amendment No. 1 to Agreement No. 07-65-157-00, with the USDA Forest Service, Cleveland National Forest for the proposed Irvine -Corona Expressway project in an amount of $150,000 for a total contract amount not to exceed $313,568; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7M. STATE LEGISLATIVE UPDATE Page 101 Overview This item is for the Commission to receive and file the State Legislative Update. 8. PROPOSED POLICY GOALS AND OBJECTIVES FOR FISCAL YEAR 2008/09 BUDGET Page 104 Overview This item is for the Commission to approve the proposed Commission Policy Goals and Objectives for the FY 2008/09 Budget. Riverside County Transportation Commission Agenda March 12, 2008 Page 6 9. UPDATE ON THE TRANSPORTATION CORRIDOR INFRASTRUCTURE FUND Overview This item is for the Commission to receive an update on the Transportation Corridor Infrastructure Fund. 10. ITEMS) PULLED FROM CONSENT CALENDAR AGENDA 11. COMMISSIONERS / EXECUTIVE DIRECTOR .REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 12. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Negotiating Parties: RCTC — Executive Director or Designee Property: APN 305-060-019 Property Owner negotiator:• John Patterson 13. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, April 9, 2008, Board Room, County of Riverside Administrative Center, 4080 Lemon Street, First Floor, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION MEETING COMMISSIONER SIGN -IN SHEET MARCH 12, 2008 NAME AGENCY EMAIL ADDRESS b L b a� IC raem �� h b ,s4 S C, A'y a i\ 8 41-Nu; Nq RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL MARCH 12, 2008 Present Absent County of Riverside, District I County of Riverside, District II County_of Riverside, District J'II County of Riverside, District IV County of Riverside, District City of Banning City of Beaumont City of Blythe City: of Calimesa' City of Canyon Lake City of Cathedral City City of Coachella City of Corona City of Desert Hot Springs City of Hemet City of Indian Wells City of Indio City of La Quinta City of Lake, Elsinore City of Moreno Valley City of Murrieta City of Norco City of Palm Desert' City of Palm Springs City of Perris City of Rancho Mirage City. of Riverside City of San Jacinto City of Temecula Governor's Appointee, Ca!trans District 8 AGEN A ITEM 5 MINUTES • • RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON MINUTES Wednesday, January 9, 2008 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Jeff Stone at 9:33 a.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Vice Chair Bob Magee led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Steve Adams Marion Ashley Roger Berg Daryl Busch Bob Buster Chris Carlson John Chlebnik Mary Craton Joseph DeConinck Ginny Foat Eduardo Garcia Frank Hall Barbara Hanna Terry Henderson Robin Lowe Bob Magee Jeff Miller Patrick Mullany Yvonne Parks Ron Roberts Patty Romo Jeff Stone Frank West Roy Wilson Commissioners Absent Rick Gibbs Dick Kelly Gordon Moller Gregory Pettis Michael H. Wilson John F. Tavaglione Riverside County Transportation Commission Minutes January 9, 2008 Page 2 4. PUBLIC COMMENTS The Commission presented a plaque to Terry Henderson in honor of her exceptional service and dedication as the 2007 Commission Chair. Commissioner Terry Henderson thanked the Commission for its time, effort, and dedication to transportation. R.A. Barney Barnett, Highgrove area resident, congratulated the Commission for receiving Federal Transit Administration (FTA) approval for the Perris Valley Line. He expressed support for "a Metrolink station in the Highgrove area and recommended that the Commission abandon the Spruce Street and Rustin Avenue proposed Metrolink station, which is referenced in his handout dated January 9, 2008. The document was distributed to the Commissioners and submitted for record. He recommended that the Commission visit the Highgrove site. Garry Grant, Meadowbrook area resident, expressed concern for the road conditions at the intersection of Dexter Road and Central Avenue/ State Route 74 in the city of Lake Elsinore as it is deteriorating rapidly. He acknowledged that Caltrans contacted him about his concern, however there was a communication issue. Additionally, he suggested that the city of Lake Elsinore utilize Nichols Road as an alternative to relieve congestion. Vice Chair Magee replied that last month, with the help of Caltrans, a permit has been issued for the city of Lake Elsinore to begin work on interim improvements at Interstate 15 and State Route 74, including the intersection that Mr. Grant referenced. He asked Commission staff to coordinate with the city of Lake Elsinore's city engineer to provide a schedule of dates and anticipated improvements to Mr. Grant in order to address his concerns. 5. APPROVAL OF MINUTES - DECEMBER 12, 2007 M/S/C (Henderson/Carlson) to approve the December 12, 2007, minutes as submitted. 6. ADDITIONS/REVISIONS There was additional information on Agenda Item 9, "2008 State and Federal Legislative Programs." • • Riverside County Transportation Commission Minutes January 9, 2008 Page 3 7. CONSENT CALENDAR M/S/C (Adams/Lowe) to approve the following Consent Calendar items: 7A. AGREEMENT FOR OPERATION OF A FREEWAY SERVICE PATROL PROGRAM IN RIVERSIDE COUNTY 1) Approve Fund Transfer Agreement No. 08-45-055-00 with Ca!trans for the Riverside County Freeway Service Patrol (FSP) program in the amount of $1,518,479 in state funding for FY 2007/08; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7B. CITY OF RIVERSIDE BICYCLE MASTER PLAN Approve the city of Riverside's Bicycle Master Plan dated May 23, 2007. 7C. PERRIS MULTIMODAL TRANSIT CENTER DEDICATION Authorize the dedication of the Perris Multimodal Transit Center (PMTC) to Ward Kimball at the request of the city of Perris (Perris) and the Riverside Transit Agency (RTA). 7D. CALIFORNIA ENVIRONMENTAL QUALITY ACT ADDENDUM TO THE NEGATIVE DECLARATION FOR THE PERRIS MULTIMODAL FACILITY Adopt the. California Environmental Quality Act (CEQA) Addendum to the negative declaration (ND) for the Perris Multimodal Transit Center. 7E. COMMUTER RAIL PROGRAM UPDATE Receive and file an update on the Commuter Rail Program. 7F. ANNUAL LOCAL TRANSPORTATION FUNDPLANNING ALLOCATION TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Approve an allocation of Local Transportation Fund (LTF) planning funds totaling $350,280 to the Coachella Valley Association of Governments (CVAG) to support transportation planning programs and functions as identified in the attached work ,programs. Riverside County Transportation Commission Minutes January 9, 2008 Page 4 7G. AMENDMENT TO AGREEMENT FOR ON -CALL STRATEGIC PARTNERSHIP ADVISOR SERVICES 1) Approve Agreement No. 06-66-028-06, Amendment No. 4 to Agreement No. 06-66-028, for the on -call strategic partnership advisor services with Nossaman, Guthner, Knox & Elliott, LLP, to extend the contract term of performance to February 9, 2012, and augment Agreement No. 06-66-028 by $250,000 to provide independent, third -party legal sufficiency review services of the environmental document and project report; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7H. AGREEMENT WITH PROCESS COMMUNICATION DEVELOPERS, INC. TO PROVIDE ON -CALL GENERAL MAINTENANCE SERVICES FOR THE FIVE METROLINK STATIONS IN RIVERSIDE COUNTY 1► Award Agreement No. 08-24-049-00 to Process Communication Developers, Inc. (PCD) to provide on -call general maintenance services at the five Commission -owned Metrolink stations in the amount of $300,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 71. AGREEMENT WITH TROPICAL PLAZA NURSERY, INC. TO PROVIDE LANDSCAPE MAINTENANCE SERVICES FOR THE FIVE METROLINK STATIONS IN RIVERSIDE COUNTY 1) Award Agreement No. 08-24-050-00 to Tropical Plaza Nursery, Inc. (Tropical) to provide landscape maintenance services at the five Commission -owned Metrolink stations in the amount of $135,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 7J. RESOLUTION COMMEMORATING MARK PISANO'S CAREER AT THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 1) Adopt a resolution in recognition of Mark Pisano's retirement from the Southern California Association of Governments (SLAG); and 2) Forward the resolution to SCAG. • Riverside County Transportation Commission Minutes January 9, 2008 Page 5 8. PERRIS VALLEY LINE PROJECT UPDATE Stephanie Wiggins, Regional Programs Director, presented an update on the Perris Valley Line (PVL) project and addressed the following areas: • Map of the Metrolink extension; • PVL corridor, service facts, and project benefits; • FTA overall project rating, comparison, and breakdown; • Cost-effectiveness measure; • PVL budget; • Value engineering, implementation time, community outreach, and phased construction of stations; • Station development opportunities — Spruce station, UCR station, Moreno Valley/March Field station, Ramona station, Perris -Downtown and South Perris stations, and Fair Isle Drive station; and • PVL travel demand forecast and PVL funding shares. Commissioner Ginny Foat expressed concern about FTA's concern regarding the capital cost estimate and project cost-effectiveness and asked staff to address FTA's suggestion to undertake value engineering. Stephanie Wiggins replied that value engineering will occur throughout the next phase of project development and deferred to Edda Rosso, PVL Project Program Manager. Edda Rosso explained that as part of the preliminary engineering, there will be different processes in place, including value engineering that will be conducted during the development of the project. As a result, there may be alternatives to reduce costs. In response to Commissioner Foat's request. for clarification on FTA's right-of-way concerns for the PVL project, Stephanie Wiggins replied that of the 22.7 mile project, the Commission owns approximately 20 miles of the rail right-of-way and remaining miles are owned by the freight railroads. Staff is in negotiations with both railroads to secure the rail right-of-way access. Commissioner Bob Buster asked if the FTA rating could be bolstered by holding open the option to plan future Metrolink service to San Bernardino County. He expressed concern for the noise, vibration, and safety impacts to residents in the UCR area and suggested that itwould be beneficial to raise the profile of this project so that in the future, the Commission could justify any necessary grade separations or safety/noise precautions. Riverside County Transportation Commission Minutes January 9, 2008 Page 6 Stephanie Wiggins replied that as part of staff's next steps in working with the San Jacinto Branch Line Ad Hoc Committee, it is important to receive feedback on which scenarios the ad hoc committee would like to have scoped. Staff will then work with STV Inc. to ensure that the scenarios, as it relates to station phasing, will be responsive to the preferred components. Commissioner Buster expressed that if the Commission is trying to promote the Inland Empire economy, commutes need to be shorter and more manageable. He suggested including San Bernardino as a future phase of the PVL. He then asked if there are amendments or augmentations to FTA project submittals. Stephanie Wiggins replied that in terms of FTA evaluation and approval, the footprint of the PVL project is set, which is service from Riverside to Perris. She explained that if the Commission was to look at proposed service from Riverside to San Bernardino, it would be a separate project submittal, independent from the PVL project. She stated that amendments can be submitted as long as it relates to the originalfootprint of the FTA project submittal. Commissioner Marion Ashley expressed the importance of a connection to San Bernardino and suggested the Commission consider a future project to extend the PVL to San Bernardino. In response to Chair Stone's question regarding negotiations with the railroads on the remaining rail right-of-way and the use of eminent domain, Steve DeBaun, legal counsel, explained under California law, eminent domain between agencies that have eminent domain powers is handled based on the more necessary use.. In this case, the Commission would be seeking to condemn an easement. Anne Mayer, Executive Director, expressed the Commission has been working collaboratively with Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) railroads to reach a solution on the PVL project. Additionally, there is the Trade Corridor Improvement Fund (TCIF) that involves discussions and negotiations of the Colton crossing improvements and a responsibility of additional track between San Bernardino and Riverside. She explained Commission staff is uncertain if the Colton crossing will be submitted for TCIF funding and even if the project is submitted, it may not be recommended as an important project until some of these critical issues are resolved, such as additional commuter rail and grade separations. Riverside County Transportation Commission Minutes January 9, 2008 Page 7 Chair Stone explained in order to reach a decision on the phasing and location of the Metrolink stations, the San Jacinto Branch Line Ad Hoc Committee will reconvene and asked about the timeline for these decisions to be made. Additionally, he noted the competition for FTA funding and asked how the Commission can expedite the process to ensure completion this project. Stephanie Wiggins replied that a decision on station development needs to occur within the next four months. The project team has a schedule of six months to identify the scope of the project in order to determine whether or not the project is eligible for design build. In reference to the proposed Metrolink extension map, she explainedthat the proposed extensions in red are in project development and the proposed extensions in black are in preliminary engineering or final design, noting that there have been 14 additional projects approved for the Smart Starts program. Cost containment/cost reduction and legislative support are the two key factors to expedite this project. Staff will seek Commission action at key points in the decision making process related to scope of work, station development, and negotiations with the railroads. Additionally, the Commission's legislators need to be educated about the project and its FTA rating. In response to Chair Stone's question on the timeline for the PVL opening, Edda Rosso replied that the FTA currently has three different schedules that staff has provided, which are based on design -build, design -bid -build, and a combination of both design -build and design -bid -build, with the best case scenario to open in late 2010 or early 2011. Chair Stone requested staff formulate a timeline in order to see a performance standard on meeting the expected targets. Commissioner Robin Lowe concurred with Chair Stone's comments and stated that there are ways to locally help fast track the PVL project in order to elevate it. She asked if a local match or donation of property could help fast track this project. Stephanie Wiggins replied that a local match or property donation is critical as it is a factor in the financial rating and helps with the cost effectiveness of the project, noting the donation of 15 acres from March Joint Powers Authority and other property donations. Riverside County Transportation Commission Minutes January 9, 2008 Page 8 9. 2008 STATE AND FEDERAL LEGISLATIVE PROGRAMS Aaron Hake, Staff Analyst, presented the 2008 state and federal legislative platforms and addressed the following areas: • Platform highlights — Enhanced project delivery capabilities, appropriate level of funding for Riverside County transportation projects and recognition of goods movement needs and impacts; • State actions sought — Trade Corridor Improvement Fund (TCIF), State Route 91 legislation, and Interstate 15 legislation; • Federal actions sought — Continued cooperation and coordination with Federal Transit Administration on the development of Perris Valley Line, tolling authority on 1-15; • FY 2008 Federal transportation appropriations for Riverside County; • Appropriations history; and • Upcoming events and key dates. Aaron Hake stated that the State and Federal Legislative programs have been handed out to all the Commissioners. Pending any feedback, staff will begin mass production in order for the Commissioners and staff to use these handouts as lobbying tools. Commissioner Ron Roberts expressed concern for the restrictions placed on earmarks for projects, noting that this issue has' been discussed at the National League of Cities and appears to be a nationwide issue. Aaron Hake concurred with Commissioner Roberts' comments and stated that earmarks are not an efficient process and believes the trend is moving towards issuing fewer of them. He explained that the legislature suggests beginning the process of consolidating appropriations requests within the region so that there are fewer and stronger requests. Commissioner Magee requested staff 'provide him a copy of the powerpoint. In response to Commissioner Buster's question regarding the federal allocation for geotechnical boring for the Riverside County to Orange County corridor project, Cathy Bechtel, Project Development Director, replied that the funds have been obligated. In response to Commissioner Jeff Miller's question regarding the Southern California Association of Governments (SCAG) 2008 Regional Transportation Plan (RTP) and the eligibility of the Community and Environmental • • Riverside County Transportation Commission Minutes January 9, 2008 Page 9 Transportation Acceptability Process (CETAP) corridor project, Cathy Bechtel replied that CETAP Corridor B that was discussed at the December 14, 2007 Commission meeting is included in that draft 2008 RTP that is out for review, noting there are three public workshops scheduled in January. Commissioner Miller asked for additional information from Commissioner Lowe regarding its inclusion in the 2008 RTP. Commissioner Lowe replied that CETAP Corridor B is currently in the draft 2008 RTP, however, SCAG was going to remove it based on comments from Orange County Transportation Authority (OCTA) staff. A glitch in the language of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was found that states if funding is not dedicated to the project, it cannot be included in a plan. Commissioner Lowe expressed that many Commissioners and other elected officials will be working with Washington, DC to have that language refined. Commissioner Miller then asked if the project will be removed from the 2008 RTP when it goes for adoption. Commissioner Lowe replied the project will not be removed from the 2008 RTP by SCAG. The objection could come when Federal Highway Administration (FHWA) reviews the final 2008 RTP. She stated she intends to be at the FHWA hearing and does not feel there will be any objections from Orange County. She added that Hasan Ikhrata, SCAG Executive Director, supports the project. M/S/C (Lowe/Adams) to adopt the 2008 State and Federal Legislative Programs. 10. ITEM(S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION There were no items pulled from the Consent Calendar for discussion. 11. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 11A. Commissioner Lowe requested to have the Commission alternates attend the Commission Workshop being held on February 28 and 29. Steve DeBaun, Legal Counsel, noted that there are no legal constraints in having an alternate attend the workshop. Anne Mayer replied that Jennifer Harmon, Clerk of the Board, will contact the alternates to invite them to the workshop. Riverside County Transportation Commission Minutes January 9, 2008 Page 10 Chair Stone requested staff present a historical prospective of the Commission (RCTC 101 session) at the workshop and concurred with inviting Commission alternates to attend the workshop. Anne Mayer recommended the RCTC 101 session begin prior to the workshop. 11 B. Commissioner Eduardo Garcia announced that a groundbreaking ceremony for the DiIlion Road grade separation project will be held on January 22, 2008, at 11:00 a.m. 11 C. Anne Mayer: • Announced on December 24, 2007, the 60/91/215 interchange connectors opened to the public; • Updated the Commissioners on the ongoing discussions regarding Colton crossing; • Announced the Trade Corridor Improvement Fund (TCIF) applications are due on January 17; • Announced John Standiford hasbeen appointed as the Commission's newly appointed Deputy Executive Director; and • Announced Patty Romo, Deputy District Director, Caltrans District 8, is leaving Caltrans after 22 years of service and thanked Ms. Romo for her hard work and dedication during her tenure. 12. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, the meeting adjourned at 10:55 a.m. The next Commission meeting, is scheduled to be held at 9:30 a.m., on Wednesday, February 13, 2008, in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. Respectfully submitted, 0 Jennifer Harmon Clerk of the Board • • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION MINUTES Wednesday, February 13, 2008 1. CALL TO ORDER The Riverside County Transportation Commission was called to order by Chair Jeff Stone at 9:36 a.m., in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. 2. PLEDGE OF ALLEGIANCE At this time, Commissioner Steve Adams led the Commission in a flag salute. 3. ROLL CALL Commissioners/Alternates Present Commissioners Absent Steve Adams Marion Ashley Roger Berg Bob Botts Daryl Busch Bob Buster John Chlebnik Mary Craton Joseph DeConinck Ginny Foat Eduardo Garcia Frank Hall Terry Henderson Dick Kelly Robin Lowe Jeff Miller Gordon Moller Yvonne Parks Michael Perovich Ron Roberts Jeff Stone John F. Tavaglione Frank West Michael H. Wilson Roy Wilson Chris Carlson Rick Gibbs Bob Magee Patrick J. Mullany Gregory Pettis 4. PUBLIC COMMENTS Chair Stone recommended that the Commission hold one of its meetings in the Pass area and the Coachella Valley area each year. Riverside County Transportation Commission Minutes February 13, 2008 Page 2 5. APPROVAL OF MINUTES The minutes of January 9, 2008 Commission meeting will be submitted at the next regular meeting. 6. ADDITIONS/REVISIONS There was additional information on Agenda Item 10, `2008 Regional Transportation Program Comments." 7. CONSENT CALENDAR M/S/C IM. Wilson/Adams) to approve the following Consent Calendar items: 7A. FISCAL YEAR 2006/07 COMMISSION AUDIT RESULTS 1) Comprehensive Annual Financial Report; 2) Local Transportation Fund (LTF) Audited Financial Statements; 3) State Transit Assistance Fund (STAF) Audited' Financial Statements; 4) Compliance Report; 5) Commercial Paper Compliance Report; 6) Audit Results Report; 7) Agreed -Upon Procedures Report related to the Appropriation Limit Calculation; 8) Agreed -Upon Procedures Report related to the Commuter Assistance Program incentives; and 9) Management certifications. 7B. INTERFUND LOAN ACTIVITY REPORT Receive and file the Interfund Loan Activity Report. 7C. 2008 STATE TRANSPORTATION IMPROVEMENT PROGRAM Approve the Riverside County 2008 State Transportation Improvement Program (STIP) and submit to the California Transportation Commission (CTC). • • • Riverside County Transportation Commission Minutes February 13, 2008 Page 3 7D. RIVERSIDE COUNTY 2008 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FINANCIAL RESOLUTION 1) Adopt Resolution No. 08-009, "Resolution Certifying that the Riverside County Has Resources to Fund Projects in Fiscal Years 2008/09 Through 2013/14 Transportation Improvement Program and Affirming Commitment to Implement All Projects in the Program"; and 2) Forward to the Southern California Association of Governments (SCAG) : for inclusion in the 2008 Regional Transportation Improvement Program (RTIP). 7E. TRANSPORTATION UNIFORM MITIGATION FEE REGIONAL ARTERIAL PROGRAM UPDATE Receive and file an update on the Transportation Uniform Mitigation Fee (TUMF) regional arterial program. 7F. TRANSPORTATION ENHANCEMENT FUNDS FROM THE CITY OF CORONA'S DOWNTOWN ENHANCEMENT PROJECT TO THE CITY OF CORONA'S MAGNOLIA AVENUE TRANSPORTATION ENHANCEMENT PROJECT Approve the reprogramming of $1,416,300 of federal Transportation Enhancement (TE) funds from the city of Corona's (Corona) Downtown Enhancement project to Corona's Magnolia Avenue TE project. 7G. ANNUAL LOCAL TRANSPORTATION FUND PLANNING ALLOCATION TO WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS Approve an allocation of Local Transportation Fund planning funds totaling $642,180 to the Western Riverside Council of Governments (WRCOG) to support transportation planning programs and functions as identified in the attached work program. 7H. COMMUTER RAIL PROGRAM UPDATE Receive and file an update on the Commuter Rail Program. Riverside County Transportation Commission Minutes February 13, 2008 Page 4 7I. STATE TRANSIT ASSISTANCE FUNDS ALLOCATION TO RIVERSIDE TRANSIT AGENCY FOR THE PROCUREMENT OF EIGHT BUSES AND FARE COLLECTION EQUIPMENT AND SHORT RANGE TRANSIT PLAN AMENDMENT 1) Allocate $1.16 million in State Transit Assistance (STA) funds to Riverside Transit Agency (RTA) to procure eight buses and fare collection equipment; 2) Approve Amendment No. 2 to RTA's FY 2007/08 Short Range Transit Plan (SRTP) to reflect this increase in revenues and expenses; and 3) Approve a budget amendment for a $1.16 million increase to revenues and expenses in FY 2007/08. 7J. SUNLINE TRANSIT AGENCY'S FISCAL YEAR 2007/08 SHORT RANGE TRANSIT PLAN AMENDMENT Approve Amendment No. 2 to the SunLine Transit Agency's (SunLine) FY 2007/08 Short Range Transit Plan (SRTP) to reflect the re -allocation of $100,000 in State Transit Assistance (STA) funds between capital line items. 7K. CITIZENS ADVISORY COMMITTEE/SOCIAL SERVICES TRANSPORTATION ADVISORY COUNCIL 1) Renew Andrea Puga, Sherry Thibodeaux and Mary Venerable's memberships to the Citizens Advisory Committee/Social Services Transportation Advisory Council (CAC); and 2) Approve the membership roster for the CAC effective February 2008. Riverside County Transportation Commission Minutes February 13, 2008 Page 5 7L. INTERSTATE 15 SCOPE OF IMPROVEMENTS AND MODIFICATION OF 10-YEAR WESTERN COUNTY HIGHWAY DELIVERY PLAN AND AGREEMENT WITH HDR ENGINEERING, INC. TO PROVIDE PRELIMINARY ENGINEERING AND ENVIRONMENTAL SERVICES, PROJECT REPORT, AND 'ENVIRONMENTAL DOCUMENT FOR IMPROVEMENTS TO INTERSTATE 15 FROM THE SAN BERNARDINO COUNTY LINE TO INTERSTATE 215 1) Approve 1-15 scope of improvements and modification of 10-Year Western County Highway Delivery Plan; 2) Award Agreement No. 08-31-059-00 to HDR Engineering, Inc. to provide preliminary engineering and environmental services for the preparation of a Caltrans project report and environmental document (PR/ED) for improvements to 1-15 from the San Bernardino County line to 1-215 in the amount of $38,781,159 which includes a contingency of $4,111,092; 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize the Executive Director, pursuant to legal counsel review, to execute necessary, non -funding related Caltrans cooperative agreements for the project; and 5) Authorize the Executive Director or designee to approve contingency work up to the total not to exceed amount as required for the project. 7M. ON -CALL STRATEGIC PARTNERSHIP ADVISORY SERVICES AMENDMENT WITH PB CONSULT, INC. 1) Approve Agreement No. 06-66-027-16, Amendment No. 5 to Agreement 06-66-027, with PB Consult, Inc. for the on -call strategic partnership advisory services by. extending contract term of performance to February 9, 2012, and augment the agreement by $493,266 to provide continued support of toll program activities for a total contract amount of $1,913,266.00; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. • Riverside County Transportation Commission Minutes February 13, 2008 Page 6 7N. FEDERAL ADVOCACY SERVICES AGREEMENT AND STATE AND FEDERAL LEGISLATIVE UPDATE 1) Award Agreement No. 08-14-057-00 to The Skancke Company for federal advocacy services for a total contract amount of $480,000; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Adopt the following bill positions: a) AB 660 (Galgiani): OPPOSE UNLESS AMENDED b) AB 353 (Carter): SUPPORT. 8. MID -YEAR REVENUE PROJECTIONS Theresia Trevino, Chief Financial Officer, presented the Mid -Year and Fiscal Year 2008/09 Revenue Projections and highlighted the following areas • Annual process to assess Measure A and Local Transportation Fund (LTF). tax revenues; • Revenue trends in 2007; • Analysis of regional business activity by economic category for year ended 3`d quarter 2007; • Analysis of regional business activity by three largest economic segments for year ended 3rd quarter 2007; • Historical sales tax by segment; • Measure A revenues projections; • FY 2007/08 Measure A impacts; • LTF revenues projections; • FY 2007/08 LTF impacts; • Measure A and LTF taxes; • Transportation Uniform Mitigation Fund (TUMF) revenues; • State Transit Assistance (STA) revenues; and • Next steps in the process. Commissioner Michael Wilson requested a copy of the powerpoint presentation be provided to the Commissioners and expressed concern regarding the drop in revenues. He stated that shortfalls have been experienced in the past and the Commission will rise to the challenge and move forward. Riverside County Transportation Commission Minutes February 13, 2008 Page 7 M/S/C (Busch/Adams) to: 1) Approve the Mid -Year Revenue Projections; 2) Approve the budget reduction adjustments to Measure A revenues of $30,600,000 and expenditures of $14,914,000 to reflect the revised Measure A projections; 3) Approve the budget reduction adjustments to Local Transportation Fund (LTF) revenues of $10,990,000 to reflect the revised LTF projections; 4) Approve the budget reduction adjustment to Transportation Uniform Mitigation Fee (TUMF) revenues of $17,250,000 to reflect the revised TUMF projections; and 5) Approve the budget reduction adjustment to State Transit Assistance (STA) revenues of $13,488,900 to reflect the revised STA revenue allocation estimates. 9. FISCAL YEAR 2008/09 REVENUE PROJECTIONS M/S/C BBusch/Adams) to: 1) Approve the projections of the Local Transportation Fund (LTF) apportionment for the Western Riverside County, Coachella Valley, and Palo Verde Valley areas; 2) Approve the projections for Measure A and the related allocations; and 3) Approve the projections for Transportation Uniform Mitigation Fee (TUMF) revenues. 10. 2008 REGIONAL TRANSPORTATION PLAN COMMENTS John Standiford, Deputy Executive Director, provided an overview of the 2008 Regional Transportation Plan (RTP) and the comments that will be submitted to the Southern California Association of Governments (SCAG) regarding to the 2008 RTP. At Chair Stone's request, John Standiford explained that the Perris Valley Line (PVL) project is included in the 2008 RTP and its funding is at the discretion of the federal process. Additionally, he explained that the Irvine - Corona Expressway (ICE) project is also included in the 2008 RTP, however, Orange County Transportation Authority (OCTA) has expressed concern with it being wholly in the constrained plan. There have been discussions to split the project between the constrained and strategic plans. Riverside County Transportation Commission Minutes February 13, 2008 Page 8 In response to Chair Stone's question about any discussions between the Commission and OCTA board members regarding the ICE project, Anne Mayer, Executive Director, replied there have been discussions at the staff level on understanding what the requirements are for this project. She explained OCTA's concern is that if the entire project is within the constrained plan, it could count as a control measure for air quality emissions. OCTA spoke to Mary E. Peters, Secretary at the Department of Transportation in Washington, DC, and she tasked Joel Szabat, Deputy Assistant Secretary at the Department of Transportation, to resolve the issues. The Commission will work with Mr. Szabat and Congressman Ken Calvert to resolve the issues and address the concern about air quality emissions. Commissioner John Tavaglione responded that he and Orange County Supervisor Bill Campbell exchanged messages, each expressing positions and concerns for this project. Supervisor Campbell indicated that the OCTA Board supports keeping this project in the strategic plan and has concerns with the ICE project being placed in the constrained plan. He recommended follow-up conversations with OCTA board members and expressed support for Mr. Szabat's involvement. M/SIC (M. Wilson/Adams) to approve the Commission comments on the Draft 2008 Regional Transportation Plan (RTP) for submittal to the Southern California Association of Governments (SCAG). 11. PROPOSITION 1B: TRADE CORRIDORS. IMPROVEMENT FUND PROGRAM AND HIGHWAY -RAILROAD CROSSING SAFETY ACCOUNT UPDATE Tanya Love, Program Manager, updated the Commission on the Trade Corridors Improvement Fund (TCIF) and the Highway -Railroad Crossing Safety Account (HRCSA) of Proposition 1 B. Anne Mayer updated the Commission on the TCIF nomination list of projects, the Colton Crossing discussions and concerns, upcoming public hearings, the California Transportation Commission's initial evaluation, and an MOU between the state and Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) railroads. She expressed that the Commission needs to continue its advocacy on the importance of the grade separation projects. Staff recommends that since the Commission has a contractual obligation on Colton Crossing with BNSF, staff be included in the negotiations with the railroads. It is not recommended by staff that the Commission fully oppose Colton Crossing because of the potential for passenger rail benefits. Riverside County Transportation Commission Minutes February 13, 2008 Page 9 Commissioner Steve Adams briefed the Commission on a meeting with the directors of the Ports of Los Angeles and Long Beach regarding support of a voluntary container premium and discussions regarding SB 974 (Lowenthal) and the Colton Crossing, including the possibility of city of Riverside filing an injunction against the Ports. He expressed that he believes the Commission needs to take a stronger stance and a greater presence to ensure these essential improvements to goods movement. Anne Mayer noted that as directed by the Commission, staff will present legislative strategies as well as discuss of litigation with regard to the Commission's authority and responsibilities at the Commission Workshop for discussion and action. Commissioner John Chlebnik stated in reference to the Colton Crossing and the increasing passenger rail service, he suggested the Commission consider including a rail line to the Pass area and the Coachella Valley. Anne Mayer replied there are additional rail line slots through that area on the Commission's list of priorities for discussion and negotiation. In response to Commissioner BobBuster's question regarding support by the Metrolink Board on the issue of Colton Crossing as an obstacle to the future of intergrated passenger rail in Southern California and assistance with this issue, Anne Mayer replied that the member agencies of Metrolink have been working together for years to come up with terms on the renegotiated agreement with the railroads. Commissioner Buster asked with regard to the renegotiated agreement, what the additional costs would be and what projects would be sacrificed if the Commission must meet the antiquated and unfair terms that the railroad originally set forth on increasing passenger service between Riverside and San Bernardino Counties. Anne Mayer explained that the current contractual obligation for Colton Crossing is that the Commission pays 85% of BNSF's costs. Additionally, there is a requirement to pay for additional rail capacity between Riverside and San Bernardino Counties. There is no cost estimate, however the cost would be significant. M/S/C (Buster/Henderson) to receive an update on the Trade Corridors Improvement Fund (TCIF) and the Highway -Railroad Crossing Safety Account (HRCSA) of Proposition 1 B. Riverside County Transportation Commission Minutes February 13, 2008 Page 10 12. ITEM4S) PULLED FROM CONSENT CALENDAR FOR DISCUSSION There were no items pulled from the Consent Calendar for discussion. 13. COMMISSIONERS/EXECUTIVE DIRECTOR'S REPORT 13A. Commissioner Michael Perovich discussed the importance and impacts of the Colton Crossing project to Southern California and the United States. 136. Commissioner Jeff Miller provided an update on the Coastal Commissioner Hearing regarding the State. Route 241 extension project. 13C. Anne Mayer announced the RCTC 101 session and the Commission Workshop will :be held on Thursday and Friday, February 28 and 29, 2008 in La Quinta. 14. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission; the meeting adjourned at 10:46 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, March 12, 2008, in the Board Room at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, 92501. Respectfully submitted, )UN/^49-4L— \-Vuttxr•Or---- Jennifer Harmon Clerk of the Board I AGENDA ITEM 7A • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreements with McGladrey and Pullen, LLP and Mayer Hoffman McCann P.C. for Audit Services for the Commission and for the Measure A RecipientsfTransportation Development Act Claimants BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Award Agreement No. 08-19-075-00 to McGladrey and Pullen, LLP to perform audit services related to the Commission in the amount of $363,950, plus a contingency amount of $36,050 for additional services that may be required in connection with debt offerings and other transactions, for a total contract award of $400,000; 2) Award Agreement No. 08-19-074-00 to Mayer Hoffman McCann P.C. to perform audit services related to the Commission's Measure A recipients/Transportation Development Act (TDA) claimants in the amount of $589,218, plus a contingency amount of $50,782 for additional services that may be required due to additional recipients or claimants to be audited, for a total contract award of $640,000; and 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission. BACKGROUND INFORMATION: The Commission's last request for proposal (RFP) for audit services was issued on January 22, 2003. The Commission approved the selection of McGladrey and Pullen, LLP to perform audit services for the Commission and Caporicci and Larson to perform the audit services for the Measure A recipients/TDA claimants. The term limits on the five-year contract for McGladrey and Pullen, LLP and Caporicci and Larson expired with the conclusion of the FY 2006/07 audits. On January 9, 2008, the Commission's Audit AdHoc Committee met with the Commission's current auditor, McGladrey and Pullen, LLP to review the audit results for FY 2006/07. At that time, the Audit Ad Hoc Committee was informed Agenda Item 7A 1 by staff that the FY 2006/07 was the last engagement under the contract for McGladrey and Pullen, LLP and that the Commission would be releasing an RFP for audit services. During the discussion of required communications to the Audit Ad Hoc Committee, McGladrey and Pullen, LLP identified new auditing standards that would be effective for the FY 2007/08 audit. These new auditing standards known as "Risk Assessment Standards" require the auditors to obtain a more robust understanding of their clients' operations, business objectives, and processes for identifying and managing the risks inherent in achieving those objectives. The standards require that auditors develop a deeper understanding of their clients' internal controls and perform more thorough assessments of the risks of material misstatements of financial statements. On ;December 5, 2007, the Commission released two RFPs for audits services: the Commission and the Measure A/TDA. The RFPs were distributed by mail to 24 audit firms and was posted on the Commission's website. The Calendar of Events was as follows: Calendar of Events Distribution of RFP Proposals were Delivered to the Commission by 2 p.m. Evaluation Committee's Review of Proposals Interview of Firms Staff Recommendation to Committee Staff Recommendation to Commission Selection 'Process December 5, 2007 January 14, 2008 January 24, 2008 February 7, 2008 February 25, 2008 March 12, 2008 The Commission received three proposals for the Commission's audit services and two proposals for the Measure A/TDA audit services. Selection panels for each RFP were assembled: three representatives from the Commission and a representative from the Orange County Transportation Authority for the Commission's audit services; three representatives from the Commission and a representative from SunLine Transit Agency for the Measure A/TDA audit services. The selection panels reviewed the proposals in accordance with the criteria provided in the RFPs and the Commission's procurement procedures. After the reviews the panel recommended to interview all three firms. Agenda Item 7A • 2 • • • The RFP evaluation criteria were based on the following: Criteria Qualifications of the Consultant Staffing and Project Organization Work Plan Cost and Price Completeness of Response Commission Audit % 30% 25% 30% 10% 5% Measure A and TDA Recipient Audit % 30% 20% 30% 15% 5% After the interviews, the panel ranked the firms as follows with an indication of the proposed audit fees for the three-year contract term: Auditing Firm McGladrey. & Pullen, LLP Mayer Hoffman McCann P.C. Vavrinek, Trine, Day & Co, LLP Auditing Firm Mayer Hoffman McCann P.C. Vavrinek, Trine, Day & Co, LLP Interview Ranking • Commission Audit Fee 1 2 3 Interview Ranking 1 2 $363,950 320,908 309,146 Measure A Recipient and TDA Claimant Audit Fee $ - 589,218 1,051, 700 Upon completion of the interviews, the evaluation panels unanimously recommended selecting McGladrey and Pullen, LLP to conduct the Commission's audit and Mayer Hoffman McCann P.C. to conduct the Measure AlTDA audits for three-year contract terms with two one-year options. At this time, staff is negotiating the terms and cost with the firms and expects to bring final contracts to the Commission meeting. Additionally, after a discussion, the evaluation panels concurred that it was in the Commission's best interest to continue with the practice of separate firms responsible the Commission and the Measure A/TDA audit services. While McGladrey and Pullen, LLP's cost proposal was slightly higher than the other two firms, the evaluation criteria only weighted the cost criteria at 10% and the cost was comparable to that charged for the FY 2006/07 audit. Due to the required implementation of the new "Risk Assessment Standards" noted above, the Commission audit evaluation panel determined that the transition cost to a new firm and the impact on Commission staff resources would likely be greater than any savings in audit fees. Additionally, the Commission's current bond indenture requires us to obtain a report and opinion of a nationally recognized public accounting firm, such as McGladrey and Pullen, LLP, stating that the financial Agenda Item 7A 3 statements have been prepared in accordance with generally accepted accounting principles and that such accountant's examination of the financial statements was performed in accordance with generally accepted auditing standards. Finally, McGladrey and Pullen, LLP is located in Riverside about one block from the Commission's office. Mayer Hoffman McCann P.C. proposed on both the Commission's audit and the Measure A/TDA audits. While the evaluation panels were impressed by both proposals and presentations and felt that Mayer Hoffman McCann P.C. was qualified to perform both audit services, its understanding of the scope and requirements related to the Measure A/TDA audit services was outstanding. Furthermore, its cost proposal for the Measure A/TDA audit services was comparable to the fees for the FY 2006/07 services by Caporicci and Larson. Accordingly, the evaluation panel felt that Mayer Hoffman McCann P.C. would be better utilized as the Measure A/TDA auditor. Based on the results of the evaluation process for the required audit services, staff recommends approval of these two audit firms. The FY 2007/08 budget for audit services expenditures is adequate, and no budget adjustment is required. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2007/08 FY 2008/09+ Amount: $50,000 $903,168 Source of Funds: Measure A, LTF, FSP SAFE Budget Ad ustment: No N/A GLA No.: S 19 65401 P1001 01 $363,950 S 19 65401 P1001 02 $589,218 Fiscal Procedures Approved: \146.1,04;tatevi,,, Date: 02/14/2008 Attachments: 1) Mayer Hoffman McCann P.C. Agreement No_ 08-19-074-00 2) McGladrey and Pullen, LLP Agreement No. 08-19-075-00 Agenda Item 7A 4 • • • Agreement No. 08-19-074-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR MEASURE A RECIPIENT AND TRANSPORTATION DEVELOPMENTACTCLAIMANT AUDIT AND RELATED SERVICES WITH MAYER HOFFMAN MCCANN P.C. 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of , 2008, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and Mayer Hoffman McCann P.C. ("Consultant'), a professional corporation. 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is a professional consultant, experienced in providing audit services to public sector clients, is licensed in the State of California, and is familiar with the plans of Commission. 2.2 Commission desires to engage Consultant to render certain consulting services for the Measure A recipient and Transportation Development Act claimants ("Project") as set forth herein. 3. TERMS. 3.1 General Scope of Services. Consultant promises and agrees to furnish to Commission all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. RVPUB\HSHANE\712465.1 5 3.2 Term. The term of this Agreement shall be from April 1, 2008 to March 31, 2011, with an option of performing audit and other services for two additional one-year periods through March 31, 2013, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with a schedule to be mutually agreed upon by both parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of the Commission, Consultant shall provide a more detailedschedule of anticipated performance to meet the Schedule of Services. 3.4 Independent Contractor; Control and; Payment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and Consultant is not an employee of Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not be employees of Commission and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Commission. 3.6 Substitution of Kev Personnel. Consultant has represented to Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: Marcus D. Davis, shareholder, and Sam Perera, Manager. 3.7 Commission's Representative. Commission hereby designates Chief Financial Officer, or his or her designee, to act as its representative for the performance of this Agreement ("Commission's Representative"). Commission's representative shall have 2JA2008\03March \7AAl.MC.RCTC.A1LAGREEMENTNo. 08-19-074-00ChgAcc.DOC - 6 • • the power to act on behalf of Commission for all purposes under this Agreement. Consultant shall not accept direction from any person other than Commission's Representative or his or her designee. 3.8 Consultant's Representative. Consultant hereby designates Marcus D. Davis, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Consultant agrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care; Licenses. Consultant shall perform the Services under this Agreement in a skillful and competent manner, consistent with the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from Commission, any Services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. 3.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3J:12008\03 March\ 7A.M.MC_RCTC.AaAGREEMENT No. 08-19-074-00 Chg Acc,DOC 7 3.12 Insurance. 3.12.1 Time for Compliance: Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.12.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement: Such insurance shaltmeet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. CoVerage shall be at least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability. Insurance Services Office Business Auto Coverage form number. CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) if Consultant has an employees, Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of Califomia. Employer's Practices Liability limits of $1,000,000 per accident. 3.12.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim. 3.12.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations 4.1A2008\03 March\7A.AI.MC.RCPC.Au.AGREEMENT No. 08-19-074-00 Chg AccDOC 8 • • performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading orunloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as: respects the Commission; its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant'sscheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall • agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and, (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.12.5 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self -insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 5J:12008\03 March\ 7A.M.MC.RCTC.A11.AGREE.MENT No. 08-19-074-00 Chg Acc.DOC 9 3.12.7 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right' to require complete, certified copies of all required insurance policies, at any time. 3.13 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in 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 fo: ,(A) adequate life protection and life saving equipment and procedures; (B) instructions_ in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall'`- protection ladders, bridges, gang ;planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.14 Fees and Payment. 3.14.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto. The total compensation shall not exceed five hundred eighty-nine thousand two hundred eighteen ($589,218) without written approval of Commission's Executive Director ("Total Compensation"). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.14.2 Payment of Compensation. Consultant shall submit to Commission a monthly statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Commission shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. 3.14.4 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be 61_\2008\03 Mazch\7A.Al.MC.RCTC.Att.AGREEMENT No. 08-19-074-00 Chg Acc.DOC 10 • • • necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Commission's Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for: a period of three (3) years from the date of final payment under this Agreement. 3.16 Termination of Agreement. 3.16.1 Grounds for Termination. Commission may, by written notice to Consultant, terminate the whole or any part of ,this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the. effective date thereof. Upon termination, Consultant shall be compensated only for those services which have been fully and adequately rendered to Commission through the effective- date of the termination, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.16.2 Effect of Termination. If this Agreement is terminated as provided herein, Commission may require Consultant to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective, parties may provide in writing for this purpose: 7132008*3 MarchWA.A1]91C.RCTC.Att.AGREEMENT No. 08-19-074-00 Chg Acc.DOC 11 CONSULTANT: Mayer Hoffman McCann P.C. 2301 Dupont Drive Suite 200 Irvine, CA 92612 Attn: Marcus D. Davis, CPA COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 Attn: Executive Director Such notice shall .be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Audit Reports. All final and draft, if any, audit reports, and exhibits thereto, fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, prepared by or on behalf of Consultant under this Agreement CAudit Reports") shall become the property of. Commission upon the completion of the term of this Agreement. Consultant shall have the right to retain copies of all such Audit Reports for its records but may not use any such Audit Reports other than in the performance of services under this Agreement without the separate written consent of the Executive Director of the Commission, unless otherwise required by federal or state law. All documents pertaining to Services under this Agreement, including audit workpapers, will be made available to Commission for viewing or copying upon request, during normal business hours. Notwithstanding the, foregoing, in accordance with applicable state and federal guidelines, any audit workpapers of a proprietary nature will be available only for viewing and not for copying. The working papers for this engagement are the property of the Consultant. However, other government audit staffs and the U.S. General Accounting Office may request access to the audit working papers. In that event, Consultant shall advise the Commission in writing that the regulator has requested access to (and possibly copies of the audit documentation and whether the Consultant intends to comply with such request. Any compliance with such request shall be in conformity withPAmerican Institute of Certified Public Accountants Professional Standards, particularly AU Section 9339, :as amended: Consultant shall maintain the working papers for a period of at least three years after the date of the issuance of the report, or for a longer period if Consultant is requested to do so by the cognizant or oversight agency. Access to requested workpapers will be provided under the supervision of the Consultant audit personnel and at a location designated by Consultant. 3.18.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant and all Audit Reports created by Consultant in connection with the performance of this S!_12008103 Marchl7A.AI.MC.RCTC.AmAGREEMENT No. 08-19-074-00 Chg Acc.DOC 12 • Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 3.19 Cooperation; Further Acts. The. Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.20 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of such actions. 3.21 Indemnification. Consultant shall defend, indemnify and hold Commission, its directors, officials, officers, employees, consultants, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Commission or its directors, officials, officers, employees, consultants, agents and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, agents and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission or its directors, officials, officers, employees, consultants, agents and volunteers. The indemnification language above shall apply except as to design professional services, as defined in Civil Code section 2782.8, including any architect, landscape architect, engineer or land surveyor services, provided pursuant to this Agreement. As to such Services, to the fullest extent permitted by law, Consultant shall defend, indemnify and hold Commission, its directors, officials, officers, employees, consultants, volunteers, and agents free and harmless from any and all claims, demands, 9JA2008103 March17A.A1.1VIC.RCTC.Att AGREEMENT No_ 08-19-074-00 Chg Acc_DOC 13 causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligence, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees andother related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Commission, its directors, officials, officers, agents, consultants, employees and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Commission or its directors, officials, officers, agents, consultants, employees and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Commission and its directors, officials, officers, agents, consultants, employees and volunteers, for any and 'all legal expenses` and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnity shall not be restricted to insurance proceeds, if any, received by the Commission or its directors, officials, officers, agents, consultants, employees and volunteers. 3.22 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 323 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.24 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.25 Commission's Right to Employ Other Consultants. The Commission reserves the right to employ other consultants in connection with this Project. 3.26 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by'Consultant without the prior written consent of Commission. 3.27 Prohibited Interests. 3.27A Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this 101A2008NO3 March \ 7AAl.MC.RCTCAtt.AGRE iMENT No. 08-19-074-00 Chg Acc.DOC 14 • • • Agreement. For breach or violation of this warranty, Commission shall have the right to rescind this Agreement without liability. 3.27.2 Conflict of Interest. For the term of this Agreement, no member, officer or employee of Commission, during the term of his or her service with Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.28 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other related Commission programs or guidelines currently in effect or hereinafter enacted. 3.29 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without prior written approval of the Commission. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.30 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. [signatures on following page] 11 :\2008103 Marchl7A.M.MC.RCTC.A¢AGREEMENT No. 08-19-074-00 Chg Acc.DOC 15 SIGNATURE PAGE TO AGREEMENT FOR AUDIT SERVICES IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY MAYER HOFFMAN MCCANN P.C. TRANSPORTATION COMMISSION By: By: Jeff Stone Marcus D. Davis. Chairman Shareholder Approved as to Form: By: Best, Best & Krieger LLP General Counsel 12E12008103 March\7A.ALMC.RCTC_Att.AGREEMENT No. 08-19-074-00 Chg Acc.DOC 16 • • • Exlilelr "A" SCOPE OF SERVICES A. General The Commission is securing services from a Consultant to perform financial and compliance audits of the Commission's Transportation Development Act (TDA) claimants and agreed -upon procedures for the Commission's Measure A recipients for the fiscal years ending June 30, 2008, 2009, and 2010, with the options of performing such services for two (2) additional one-year terms. The Consultant .will be responsible for the audits and agreed -upon procedures for the jurisdictions presented in Section I.A. Abstract and report directly to the audit oversight committee designated by the Commission. The Chief Financial Officer is designated as the coordinator of the work and may appoint the Accounting and Human Resources; Manager to coordinate day-to-day oversight. The Chief Financial Officer will serve as the liaison to the audit oversight committee designated by the Commission. The audits are to be performed by the Consultant in accordance with generally accepted auditing standards, including use of the most current version of each of the following standards and guidelines: • The standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards; • The provisions of the federal Single Audit Act of 1984, the Single Audit Act Amendments of 1996, the U.S. Office of Management and Budget Circular A-133, Audits of. States, Local Governments, and Non -Profit Organizations; • Measure A conformance requirements; and • Transportation Development Act regulations. B. Scope of Work to be Performed TDA funding is provided for transit operators (Article 4 and State Transit Assistance), bicycle and pedestrian projects (Article 3), and local streets and roads (Article 8), while Measure A funding is provided for local streets and roads and for specialized transit. Funding allocations are determined as follows: • TDA Transit operating and capital allocations are approved annually by the Commission in July based on the submittal of each transit operators Short -Range Transit Plans. (Two of these transit operators, Riverside Transit Agency and city of Beaumont, have elected to engage their own auditors and are not included in the scope of services.) • TDA bicycle and pedestrian project allocations are approved annually by the Commission in July based on a call for projects. Claimants may request A-1 I:\2008\03 March17A.Al.MC.RCPC.Att.ADREEMENT No. 08-19-074-00 Chg Acc.DOC 17 disbursement of their allocations by the Commission upon award of a construction contract or reimbursement request. • TDA local streets and roads funding is allocated only to the Palo Verde Valley area (city of Blythe and County of Riverside for unincorporated area) after an unmet transit needs hearing is held in the Palo Verde Valley. • Measure A local streets and roads funding is allocated to the cities and the county of Riverside, as specified in Measure A. (City of Beaumont is not included in scope of services as noted above.) • Measure A specialized transit allocations are approved biennially by the Commission in May based on a call for projects. The selected Consultant will be required to perform the following tasks: • Audit of the transit (Article 4 and State Assistance funding) and transportation (Articles 3 and 8 funding) financial statements of .the jurisdictions receiving TDA. funds in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the California Code of Regulations Sections 6661 and 6751(TDA). Apply certain limited procedures on the methods of measurement and presentation of the management discussion and analysis (MDA) and the required supplementary information (RSI) for SunLine Transit Agency (SunLine). • Audit of SunLine to satisfy the requirements imposed by the Single Audit Act, as amended, and U.S. Office of Management and Budget (OMB) Circular A-133 and OMB's Compliance supplement titled Uniform Requirements for Grants to State and Local Governments, assuming a single major program. • Performance of agreed -upon procedures similar to those performed for the Fiscal Year 2006/07 solely to assist the Commission in .evaluating the applicable jurisdictions' Measure A Transportation Funds and degree of their compliance with the Commission's requirements of the Measure A local streets and roads program. • Performance of agreed -upon procedures similar to those performed for the Fiscal Year 2006/07 solely to assist the Commission in evaluating the applicable jurisdictions'/agencies' Measure A Specialized Transit Funds and degree of their compliance with the Commission's requirements of the Measure A specialized transit program. • Summarization of the results of the audits and agreed -upon procedures, including findings and observations, for discussion with audit oversight committee designated by the Commission. C. Reports to be Issued A-2 1:N2008103 Marchl7A.AI.MC.RCTC.AtLAGREEMENT No_ 08-19-074-00 Chg ACGDOC 18 • Following completion of the audits and agreed -upon procedures and a review of the draft reports by the Commission, the Consultant shall issue: • A Management Letter addressed to the SunLine for distribution to the Commission setting forth recommendations (as applicable) for improvements in SunLine's accounting systems. A draft of the management letter will be provided to the SunLine and the Commission's management for review prior to publication. • A report on the fair presentation of the Financial Statements for the SunLine and the TDA claimants in conformity with generally accepted accounting principles. • A report on the agreed -upon procedures related to the Measure A recipients of local streets and roads funding. • A report on the agreed -upon procedures related to the Measure A recipients of specialized transit funding. • A single audit report on SunLine's internal control and compliance with laws and regulations related to audit of the financial statements and federal awards. The report shall include the provisions of the Government Auditing Standards and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. • A Board of Commissioners or equivalent letter as promulgated by the reporting standards of the Government Auditing Standards. D. Required Communications Significant Deficiencies — In the required reports on compliance and internal controls, the Consultant shall communicate any significant deficiencies found during the audit of the TDA claimants. A significant deficiency shall be defined as a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. Significant deficiencies that are also material weaknesses shall be identified as such in the report. Other control deficiencies discovered by the Consultant may be reported in a separate letter to management, which shall be referred to in the reports on compliance and internal controls, except that other control deficiencies discovered by the Consultant for SunLine shall be reported in a separate letter to management. The report on compliance and internal controls shall include all material instances of noncompliance. All nonmaterial instances of noncompliance may be reported in a separate management letter, which shall be referred to in the report on compliance and internal controls, except that nonmaterial instances of noncompliance for SunLine shall be reported A-3 7:\2008\03 March17A.M.MC.RCTC.A0.AGREEMENT No. 08-19-074-00 Chg Acc.DOC 19 in a separate letter to management. Irregularities and illegal acts — The Consultant shall be required to make an immediate, written report of all irregularities and illegal acts or indication of illegal acts of which they become aware to the jurisdiction/agency and Commission's audit oversight committee, Executive Director, and Chief Financial Officer. Planning meetings — The Consultant shall meet with the audit oversight committee designated by the Commission at least once a year upon completion of the audits and agreed -upon procedures. The audit oversight committee will be informed of each of the following: 1) The Consultant's responsibility under generally accepted auditing standards; 2) The Consultant's approach to the work performed; 3) Disagreements with management; 4) Management consultation with other accountants; 5) Major issues, discussed with management prior to retention; 6) Difficulties encountered in performing the work; and 7) Results of the work performed. E. Audit Schedule The work to be performed at the jurisdictions and agencies shall be arranged with the_, individual jurisdiction or agency after the conclusion of a planning meeting with the Commission and the Commission's issuance of audit notification letters to each jurisdiction and agency. While some entities may be ready for the initiation of the work activities in August, the work should be scheduled for no later than November 15 of each year. Barring unforeseen circumstances, the Consultant must conduct the work activities and provide all required reports and information to the Commission no later than December 31 of each year. The TDA audits are required to be submitted to the State Controller by December 31 of each year; however, an extension may be granted by the Commission for no more than 90 days. The Commission's policy for Measure A reports follows the. TDA requirement; however, a formal extension is generally not issued. The Consultant shall keep the Commission apprised on the status of the audits and any issues which have been encountered. The Commission will provide assistance, to the extent necessary and/or possible, to resolve such issues. A-4 J:\2008\03 March17AAI _MC.RCCCAtI.AGREEMENT No. 08-19-074-00 Chg Acc.DOC 20 EXHIBIT "B" COMPENSATION Fees, excluding travel costs, for audit services for the fiscal years ending June 30, 2008, 2009, 2010, 2011, and 2012 shall be the following: Fiscal Year Ending June 30 2008 $ 190,390 2009 196,406 2010 202,422 2011 208,458 2012 214,594 Should the Commission require additional services by Consultant as a result of additional claimants or recipients, the fees for the fiscal year ending June 30, 2008 shall be $2,850 for each additional Measure A local streets and roads and specialized transit recipient and $3,455 for each additional TDA claimant. In subsequent years, the fees may be increased by no more than 5% each year. Should the Commission require additional services by Consultant, the Consultant shall provide to the Commission the estimated fees for such services. The fees shall be based on the Consultant's hourly rates, which are fully loaded and include all overhead, as follows: FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Shareholder $ 140 $ 144 $ 148 $ 152 $ 157 Senior Manager 120 124 128 132 136 Manager 110 113- 116 119 123 Senior Associate 95 98 101 104 107 Associate 85 88 91 94 97 Consultant shall not commence any additional services without the written authorization from the Commission's Executive Director. B-1 ]:12008\03 March17A.A1.MC.RCTC.Att.AGREEMENT No. 08-19-074-00 Chg Acc.DOC 21 • • • Agreement No. 08-19-075-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR AUDIT SERVICES WITH MCGLADREY & PULLEN, LLP 1. PARTIES AND DATE. This Agreement is made and entered into this _ day of , 2008, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("the Commission") and McGladrey & Pullen LLP ("Consultant'), a limited liability partnership. 2. RECITALS. 2.1 Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by Commission on the terms and conditions set forth in.this Agreement. Consultant represents that it is a professional consultant, experienced in providing audit services to public sector clients, is licensed in the State of California, and is familiar with the plans of Commission. 2.2 Commission desires to engage Consultant to render certain consulting services for the audit services for the Commission ("Project') as set forth herein. 3. TERMS. 3.1 General . Scope of Services. Consultant promises and agrees to furnish to Commission all labor materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide professional consulting services and advice on various issues affecting the decisions of Commission regarding the Project and on other programs and matters affecting Commission, hereinafter referred to as "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. RVPUB\HSHANE\712465.1 22 3.2 Term. The term of this Agreement shall be from April 1, 2008 to March 31, 2011, with an option of performing audit and other services for two additional one-year periods through March 31, 2013, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with a schedule to be mutually agreed upon by both parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Commission shall respond to Consultant's submittals in a timely manner. Upon request of the Commission, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.4 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant under its supervision. Consultant will determine the means, method and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and Consultant is not an employee of Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not be employees_ of Commission and shall at all times be. under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limitedto: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Commission. 3.6 Substitution of Key Personnel. Consultant has represented to Commission that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnelof at least equal competence and experience upon written approval, of Commission. In the event that Commission and Consultant cannot agree as to the substitution of key personnel, Commission shall be entitled to terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this Agreement. The key personnel for performance of this Agreement are as follows: Rod LeMond; Partner; Jeff Altshuler, Partner; Peter George, Manager; and Wendy Sullivan, Supervisor. 3.7 Commission's Representative. Commission hereby designates Chief Financial Officer, or his or her designee, to act as its representative for the performance of this Agreement ("Commission's Representative"). Commission's representative shall have the power to act on behalf of Commission for all purposes under this Agreement. RVPUB\HSHANE\712465.1 2 23 • • Consultant shall not accept direction from any person other than Commission's: Representative or his or her designee. 3.8 Consultant's Representative. Consultant hereby designates Rod LeMond, or his or her designee, including Jeff Altshuler, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.9 Coordination of Services. Consultant agrees to work closely with Commission staff in the performance of Services and shall be available to Commission's staff, consultants and other staff at all reasonable times. 3.10 Standard of Care;: Licenses. Consultant shall perform the Services under this Agreement in a skillful and competent manner, consistent with the standard generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from Commission, any Services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for ail damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. 3.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. RVPUB\HSHANE\712465.1 3 24 3.12 insurance. 3.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.12.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also ;require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shah be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability. Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury; personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply. separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) if Consultant hasan employees, Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers Practices Liability limits of $1,000,000 per accident. 3.12.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim: 3.12.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Commission to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations RVPUB\HSHANE\712465.1 4 • 25 • performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the. Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the Commission, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Commission, its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurancemaintainedby the Commission, its directors, officials, officers, employees and agents shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and, (B) any failure to comply with reporting; or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.12.5 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Commission. If the= Commission does not approve the deductibles or self -insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the. Commission, its directors, officials, officers, employees and agents; or, (2) the Consultant shall procure a bond guaranteeing payment of losses and related -investigation costs, claims and administrative and defense expenses. 3.12.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 5 RVPUB\HSHANE\712465.1 26 3.12.7 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.13 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local; state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety ofemployees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring; equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.14 Fees and Payment. 3.14.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B attached hereto. The total compensation shall not exceed three hundred sixty-three thousand nine hundred fifty ($363,950) without written approval of Commission's Executive Director ("Total Compensation") Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.14.2 Payment of Compensation. Consultant shall submit to Commission a monthly statement which indicates work completed and hours of Services rendered by Consultant The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. 'Commission shall, within 45 days of receiving such statement, review the statement and °pay all approved charges thereon. 3.14.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Commission. 3.14.4 Extra Work. At any time during the term of this Agreement, Commission may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Commission to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be RVPUB\HSHANE\712465.1 6 27 • necessary at the execution of this Agreement. Consultant shall not Perform, nor be compensated for, Extra Work without written authorization from Commission's. Executive Director. 3.15 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Commission during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.16 Termination of Agreement. 3.16.1 Grounds for Termination. Commission may; by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without. cause by giving written notice to Consultant of such termination, and specifying the effective date thereof. Upon termination, Consultant shall be compensated only for those services which have been fully and adequately rendered to Commission through the effective date of the termination, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.16.2 Effect of Termination., If this Agreement is terminated as provided herein, Commission may require Consultant to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.16.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Commission may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.17 Delivery of Notices. All notices perrnitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: RVPUB\HSHANE012465.1 7 28 CONSULTANT: McGladrey & Pullen, LLP 3880 Lemon Street Suite 400 Riverside, CA 92501 Attn: Rod LeMond, Partner COMMISSION: Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, CA 92501 Attn: Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18 Ownership of Materials/Confidentiality. 3.18.1 Audit Reports. All final and draft, if any, audit -reports, and exhibits thereto, fixed in any tangible medium of expression, including but not limited to, physical drawings" or data magnetically or otherwise recorded on computer diskettes, prepared by or on behalf of Consultant under this Agreement ("Audit Reports") shall become the property of Commission upon the completion of the term of this Agreement. Consultant shall have the right to retain copies of all such Audit Reports for its records but may not use any such Audit Reports other than in the performance of services under this Agreement without the separate written consent of the Executive Director of the Commission, unless otherwise required by federal or state law. All documents pertaining to Services under this Agreement, including audit workpapers, will be made available to Commission for viewing or copying upon request, during normal business hours. Notwithstanding the foregoing, in accordance with applicable state and federal guidelines,. any audit workpapers of a proprietary nature will be available only for viewing and not for copying. The working papers for this engagement are the property of the Consultant. However, other government audit staffs and the U.S. General Accounting Office may request access to the audit working papers. In that event, Consultant shall advise the Commission in writing that the regulator has requested access to (and possibly copies of the audit documentation and whether the Consultant intends to comply with such request. Any compliance with such request shall be in conformity with American Institute of Certified Public Accountants Professional Standards, particularly AU Section 9339, as amended. Consultant shall maintain the working papers for a period of at least three years after the date of the issuance of the report, or for a longer period if Consultant is requested to do so by the cognizant or oversight agency. Access to requested workpapers will be provided under the supervision of the Consultant audit personnel and at a location designated by Consultant. 3.18.2 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 Consultant and all Audit Reports created by Consultant in connection with the performance of this RVPUH\HSHANE\712465.1 8 • 29 • • Agreement shall be confidential by Consultant. Such materials shall not, without the prior written consent of Commission, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the. Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Commission's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Commission. 3.19 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.20 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of such actions. 3.21 Indemnification. Consultant shall defend, indemnify and hold Commission, its directors, officials, officers, employees, consultants, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultants 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 Commission or its directors, officials, officers, employees, consultants, agents and volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Commission or its directors, officials, officers, employees, consultants, agents and volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission or its directors, officials, officers, employees, consultants, agents and volunteers. In the event a court of competent jurisdiction enters a judgment finding the Commission liable and the Consultant not liable on any cause of action, Consultant shall be entitled to reimbursement from the Commission for all costs and expenses of indemnification under this paragraph incurred by Consultant to defend the Commission for those causes of action under which the Commission was found liable and the Consultant not liable. RVPUB\HSHANE\712965.1 9 -30 3.22 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.23 State of California. 3.24 of this Agreement. Governing Law. This Agreement shall be governed by the laws of the Venue shall be in Riverside County. Time of Essence. Time is of the essence for each and every provision 3.25 Commission's Right to Employ Other Consultants. The Commission reserves the right to employ other consultants in connection with this Project. 3.26 Successors And assigns. This Agreement shall be binding on the successors and assigns of the parties,.and shall not be assigned by Consultant without the prior written consent of Commission. 3.27 Prohibited Interests. 3.27.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this: Agreement. For breach or violation of this warranty, Commission shall have the right to rescind this Agreement withoutliability. 3.27.2 Conflict of Interest. For the term of this Agreement, no member, officer or employee of Commission, during the term of his or her service with Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.28 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Commission's Disadvantaged Business Enterprise program, Affirmative Action Plan or other related Commission programs or guidelines currently in effect or hereinafter enacted. 3.29 Subcontracting. Consultant shall not subcontract any portion of the work or Services required by this Agreement, except as expressly stated herein, without RVPUB\HSHANE\712465.1 10 31 • prior written approval of the Commission. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.30 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed' a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. RVPUB\HSHANE\712465.1 [signatures on following page] 11 32 SIGNATURE PAGE TO AGREEMENT FOR AUDIT SERVICES 1N WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY MCGLADREY & PULLEN, LLP TRANSPORTATION COMMISSION By: By: Jeff Stone Rod LeMond Chairman Partner Approved as to Form: By: Best, Best & Krieger LLP General Counsel RVPIIH\HSHANE\712465.1 12 33 i 0 EXHIBIT "A" SCOPE OF SERVICES The Consultant will be responsible for the audit of the Commission's financial statements and report directly to the audit oversight committee designated by the Commission. The Accounting and Human Resources Manager is designated as the coordinator of the audit and may appoint the Accounting Supervisor to coordinate the day to day work; the Chief Financial Officer will serve as the liaison to the audit oversight committee designated by the Commission. The audits are to be performed by the Consultant in accordance with generally accepted auditing standards, including use of the most current version of each of the following standards and guidelines: • The standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards; • The provisions of the federal Single Audit Act of 1984, the Single Audit Act Amendments of 1996, the U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations; • Measure A conformance requirements; and • Transportation Development Act regulations. B. Scope of Work to be Performed The Commission desires to provide the public and its constituents with an annual comprehensive financial report that provides complete, accurate, and understandable information about the Commission's financial condition. The selected Consultant will be required to perform the following tasks: • Audit of the Commission's basic financial statements in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Apply certain limited procedures on the methods of measurement and presentation of the management discussion and analysis (MDA) and the required supplementary information (RSI). • Audit of the Riverside County Local Transportation Fund (LTF) in accordance with California Code of Regulations Section 6661. • Audit of the Riverside County State Transit Assistance Fund (STAF) in accordance with California Code of Regulations Section 6751 for STAF. • Audit to satisfy the requirements imposed by the Single Audit Act, as amended, and U.S. Office of Management and Budget (OMB) Circular A-133 and OMB's 3:12008103 MarcM7AA2.MC..RCTC.AMAGREEMENT No.08-19-075-00 Chg Acc.DOC A-t 34 Compliance supplement titled Uniform Requirements for Grants to State and Local Governments, assuming a single major program. • Performance of procedures solely to assist the Commission in meeting the requirements of Section 1.5 as presentedin the publication entitled Agreed -upon Procedures Applied to the Appropriations Limitation Prescribed by Article XIU-B of the California Constitution. The Commission's management is responsible for the Appropriations Limit Calculation. . • Performance of agreed upon procedures similar to those performed for the Fiscal Year 2006/07 solely to assist the Measure A Commuter Assistance Program administered by the Inland Transportation Services (ITS). Additional procedures may include: Review of script check orders, delivery, and storage; review procedures for non -delivered, lost, or stolen script. • Completion of the Data Collection Form for Reporting on Audits of States, Local Governments, and Non -Profit Organizations. • Provision of consultation to the Commission regarding the Commission's participation in the Certificate Program, including advice :concerning the early implementation of new authoritative pronouncements and implementation of financial reporting forrnats consistent with the Government Finance Officer's Association (GFOA). In connection with the issuance of debt, the Commission may be required to obtain a report from Consultant on the amount of sales tax revenues received for a 12-month period compared to maximum annual debt service. C. Reports to be Issued Following completion of the audit and preparation of the fiscal year's comprehensive financial statements and special purpose audits, the Consultant shall issue: • A Management Letter addressed to the Commission setting forth recommendations (as applicable) for improvements in the Commission's accounting systems. A draft of the management letter will be provided to the Commission's management for review prior to publication. • A report on the fair presentation of the Basic Financial Statements for the Commission in conformity with generally accepted accounting principles. • A report on the fair presentation of the LTF financial statements in conformity with generally accepted accounting principles. • A report on the fair presentation of the STAF financial statements in conformity with generally accepted accounting principles. 1A2008103 Much17A.A2.84C..RCTC.Att.AGREEMENT No. 08-19-07500 Chg AC0.DOC 35 A-2 • • • A report on the compliance with the covenants and provisions of the Reimbursement Agreement with Bank of America relating to the Commercial Paper Notes (Limited Tax Bonds) Series A & B. • A report on the agreed -upon procedures related to the Measure A Commuter Assistance Program administered by ITS. • A report on the Appropriations Limit Calculation, as required by Article XIII-B of the California Constitution. • A single audit report on the Commission's internal control and compliance with laws and regulations related to audit of the financial statements and federal awards. The report shall include the provisions of the Government Auditing Standards and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. • A Board of Commissioners or equivalent letter as promulgated by the reporting' standards of the Government Auditing Standards. Use of or reference to audited financial statements - When delivered to the Commission, the audit reports and financial statements produced under this RFP are public records and will be used (a) to fulfill the requirements of continuing disclosure under SEC rule 15c2-12, (b) as inserts or incorporated by reference in offering documents issued by the Commission, and (c) for any lawful purpose of the Commission, all without subsequent consent, except for (b) as the Consultant shall conduct a post -audit review of the final audit report and review the draft official statement. D. Required Communications Significant Deficiencies — In the required reports on compliance and internal controls, the Consultant shall communicate any significant deficiencies found during the audit of the Commission. A significant deficiency shall be defined as a control deficiency, or combination of control deficiencies, that adversely affects the Commission's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Commission's financial statements that is more than inconsequential will not be prevented or detected by the Commission's internal control. Significant deficiencies that are also material weaknesses shall be identified as such in the report. Other control deficiencies discovered by the Consultant shall be reported in a separate letter to management, which shall be referred to in the reports on compliance and internal controls. The report on compliance and internal controls shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance and J:\2008\03 Marchl7A A2.MC.RCTCAttAGREEMENT No. 08-19-075-00 Chg Ace.DOC A-3 36 internal controls. Irregularities and illegal acts — The Consultant shall be required to make an immediate, written report of all irregularities and illegal acts or indication of illegal acts of which they become aware to the Commission's audit oversight committee, Executive Director, and Chief Financial Officer. Planning meetings — The Consultant shall meet with the audit oversight committee designated by the Commission at least once a year upon completion of the audit. The audit oversight committee will be informed of each of the following: 1) The Consultant's responsibility under generally accepted auditing standards; 2) Significant accounting policies; 3) Management judgments and accounting estimates; 4) Significant audit adjustments; 5) Other information in documents containing audited financial statements; 6) Disagreements with management; 7) Management consultation with other accountants; 8) Major issues discussed with management prior to retention; and 9) Difficulties encountered in performing the audit. E. Audit Schedule The Commission shall provide draft financial statements for the initiation of audit activities• no later than October 1 of each year. Barring unforeseen circumstances, the Consultant must conduct the audit activities and provide all required reports and information to the Commission no later than November 1 of each year. 1:\2008103 Marchl7A.A2MC..RCPC.Att.ACREEMENT No. IN-19-075-00 Chg ACcDOC A-4 37 • • • EXHIBIT "B" COMPENSATION All-inclusive maximum fees for audit services for the fiscal years ending June 30, 2008, 2009 and 2010 shall be the following: FY 2008 FY 2009 FY 2010 Audit of Commission's basic financial statements $ 52,630 $ 55,250 $ 58,000 Single Audit 24,310 25,525 26,800 Audit of Local Transportation fund 13,375 14,000 14,725 Audit of State Transit Assistance Fund 10,335 10,850 11,375 Proposition 111 Agreed -upon Procedures 2,625 2,750 2,900 Opinion in connection with Reimbursement Agreement covenants 1.,575 1,650 1,725 Measure A Commuter Assistance Agreed -Upon Procedures 10,650 11,175 11,725 Total All-inclusive Maximum Price $ 115,500 $ 121,200 $ 127,250 For each of the option years (FY 2011 and FY 2012), the total all-inclusive maximum price may be adjusted, upon Commission approval, by no more than 5%. Should the Commission require additional services by Consultant, the Consultant shall provide to the Commission the estimated fees for such services. The fees shall be based on the Consultant's hourly rates, which are fully loaded and include all overhead, as follows: r FY 2008 FY 2009 FY 2010 -Partner $ 310 $` 325 $ 342 Manager 212 222 233 Supervisory Staff 132 138 145 Staff 109 114 120 Other (clerical support) 90 93 98 Consultant shall not commence any additional services without the written authorization from the Commission's Executive Director. For each of the option years (FY 2011 and FY 2012), the hourly rates may be adjusted, upon Commission approval, by no more than 5%. Should the Commission require the inclusion of the auditor's report in the official statement of new debt issues or require a report on the amount of sales tax revenues received for a 12-month period compared to maximum annual debt service, additional charges for these efforts shall range from $8,000 to $13,500 for each new debt issue. RVPUB\HSHANE\712465.1 B-1 38 AGENDA ITEM 7B • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Mid -Year Budget Adjustments BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve an increase of $122,000 in Fiscal Year 2007/08 expenditures for mid -year budget adjustments. BACKGROUND INFORMATION: Staff has performed a review of expenditures for the six months ended December 31, 2007 and an estimate of expenditures for the remaining six months of the fiscal year ending June 30, 2008. As a result of the review, the following mid -year budget adjustments are proposed. Adjustment 1 - $16,500 The FY 2007/08 budget included the assumption of upgrading the Riverside County Service Authority for Freeway Emergencies (SAFE) call box system to digital technology and installing text -typewriter (TTY) devices. The transition from analog to digital service was delayed as a result of pending litigation that was settled in July 2007. Once the contractor was given authorization to proceed with the upgrade, the contractor encountered problems with the parts supplier and was not able to begin the upgrade until November 2007. As a result, the call box program has incurred additional costs not budgeted due to the continued use of analog service. Adequate SAFE Fund fund balance exists to accommddate this budget adjustment. Adjustment 2 - $105,500 The Regional Programs work efforts related to Trade Corridors Improvement Fund (TCIF) and the Multi -County Goods Movement Environmental Justice Caltrans Grant requires a budget adjustment to continue to be an active participant in these developments. Staff has identified the need for a $100,000 increase in professional services for TCIF analysis related to goods movement and consultant Agenda Item 7B 39 staff retained for the environmental justice grant, of which $75,000 is identified as a match from other agencies. Additionally, a $5,500 increase for required travel related to the TCIF application and consensus building processis also recommended. Adequate Local Transportation Fund (LTF) fund balance exists to accommodate this budget, adjustment. Financial Information In Fiscal Year Budget: No. Year: FY 2007/08 Amount: $122,000 Source of Funds: SAFE, LTF Budget Ad ustment: Yes 201 45 81015 $16,500 SAFE 106 67 41203 $75,000 LTF GLA No.: 106 67 65520 $100,000 LTF 106 67 73611 $1,500 LTF 106 67 73613; 14,000 LTF Fiscal Procedures Approved: \yj - Date: _..02/15/2008 Agenda Item 76 40 AGENDA ITEM 7C • • • RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Quarterly Financial Statements BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Quarterly Financial Statements for the quarter ended December 31, 2007. BACKGROUND INFORMATION: During the last six months of the fiscal year, staff has monitored the revenues and expenditures of the Commission. The attached financial statements present the revenues and expenditures for the first six months of the fiscal year. Period closing accrual adjustments _ are not included for revenues earnedbut not billed and expenditures incurred for goods and services received but not yet invoiced, as such adjustments are normally made during the year end closing activities. The operating statement shows the sales tax revenues for the second quarter at 29% of the budget. This is a result of the Governmental Accounting Standards Board (GASB) Statement No. 33. GASB 33 requires sales tax revenue to be accrued for the period in which it is collected at the point of sale. The State Board of Equalization collects the Measure A funds and remits them to the Commission after the reporting period for the businesses. This creates a two -month lag in the receipt of revenues by the Commission. Accordingly, these financial statements reflect the revenues related to collections through September 2007. On a cash basis, the Measure A and Local Transportation Fund (LTF) sales tax revenues are 8.5% and 5.5% lower, respectively, than the same period last fiscal year. Receipts continued to decrease through January 2008, due to effects of the softening in the housing market. On February 13, 2008, the Commission approved the FY 2007/08 mid -year revenue projections. The downward trend of sales tax revenues prompted staff to submit budget adjustments reflecting a $30.6 million and $10.84 million decrease in FY 2007/08 Measure A and LTF revenues, respectively. These adjustments to budgeted revenues are not included in the attached December 31, 2007 financial statements. Agenda Item 7C 41 Federal, state, and local government reimbursements and other revenues are on a reimbursement basis, and the Commission will receive these `revenues as the projects are completed and invoiced to the respective agencies. The Transportation Uniform Mitigation Fee (TUMF) revenues remitted to the Commission by Western Riverside Council of Governments (WRCOG) reflect receipts through November 2007. TUMF revenues have declined 63.6% for the six months ended December 31, 2007. The housing crisis has had a significant impact on the Inland Empire's local economy. As a result of the decreasing revenue trend, the Commission approved on February 13, 2008, a budget adjustment reflecting a $17.25 million decrease in TUMF revenues for FY 2007/08. This budget adjustment is not included in the attached December 31, 2007 financial statements. Other revenues include the first quarter State Transit Assistance (STA) revenues remitted to the Commission. In October 2007, staff received from the state a revision of the. STA revenue allocation estimates, which reflected a decrease of approximately $13.5 million. This is a result of the exclusion of Proposition 1B transit allocations that were included in the state's original estimate. On February 13, 2008, the Commission approved a budget adjustment to reflect a decrease in FY 2007/08 revenues of $13,488,900. This budget adjustment is not included in the attached December 31, 2007 financial statements. Staff is addressing the impact of revised revenue allocation estimates to local governments and transit operators. Staff will diligently continue to monitor the FY 2007/08 revenues and will update the Commission if additional adjustments are needed. The expenditure categories are in line overall with the expectations of the budget. Administrative salaries and benefits are slightly over 50% for the six-month period due to temporary, nonrecurring staffing charges. Staff expects this category to be in line at the end of the third quarter. Office lease and utilities are slightly over as a result of the rent payment due by the 1' of each month. The January rent was paid on December 20, 2007. Local streets and roads expenditures reflect allocation payments made for the revenues received through September as noted above. The downward trend in Measure A revenues directly affects these expenditures and Commission staff will notify the local jurisdictions. Agenda Item 7C 42 Intergovernmental distributions are expended as one-time LTF payments; however, claims submitted by the Coachella Valley Association of Governments and Western Riverside Council of Governments were approved by the Commission in January 2008 and February 2008, respectively. Capital outlay expenditures are under budget due to unexpended authority for potential office improvements, if any, and station improvements. Staff expects these improvements to take place in the fourth quarter of FY 2007/08. Debt service interest expenditures are made in December and June, while principal payments are made in June. Staff will continue to monitor the revenues and expenditures and notify the Commission of any unusual events. Attachment: Quarterly Financial Statements — December 2007 Agenda Item 7C 43 DESCRIPTION RIVERSIDE COUNTY TRANSPORTATION COMMISSION QUARTERLY BUDGET VS ACTUAL 2ND QUARTER FOR SIX A90NTHSBNDED12/31/2007 BUDGET Revenues Sales tax $ 265,978,600 Federal, state and local government reimbursements 49,375,700 Transportation Uniform Mitigation Fee (TUMF) 27,250,000 Other revenues 26,210,900 Interest 17,096,700 Total revenues Expenditures Administration Salaries and benefits General legal services Professional services Office lease and utilities General administrative expenditures Total administration Programs/projects Salaries and benefits General legat services Professional services General projects Engineering Construction Right of way/Land Local streets and roads Regional arterial - Commuter assistance LTF and STA distributions Motorist assistance Planning and programming services Right of way management Rail operations and maintenance Specialized transit Total programs/projects ' Intergovernmental distribution Capital -outlay Debt service Principal Interest Cost of issuance Total debt service Total expenditures Excess of revenues over(under)expenditures Other financing sources/uses Operating transfer in Operating transfer out Bond proceeds Total financing sources/uses Net change in fund balances Fund balance July 1, 2007 Fund balance December 31, 2007 385,911,900 1,787,401 103,001 1,776,493 390,000 1,256,405 5,313,300 5,802,000 1474,900 5,127,200 15,849,000 66,963,505 99,370,000 156,501,100 61,959,500 15,553,600 3,298,300 94,477,165 4,957,500 4,440,900 299,500 8,404,100 6,171',200 550,649,470 1,351,600 942,000 32,012,100 9,933,800 280,00D 42,225,900 600,482,270 (214,570,370) 77,940,600 77,940,600 87,000,000 87,000,000 (127,570,370) 466,881,300 ACTUAL REMAINING BALANCE $ 76,919,465 $ (189,059,135) 2,665,434 (46,710,266) 5,297,791 (21,952,209) 2,569,864 (23,641,036) 7,490,104 (9,606,596) 94,942,658 (290,969,242) 962,546 33,889 642,388 202,308 549,721 2,390,852 1,963,288 476,693 508,783 901,057 4,357,804 15,453,110 48,628,122 14,100,989 6,849,021 1,221,081 35,221,952 1,040,917 333,511 5,135 4,009,751 2,310,494 824,855 69,112 1,134,105 187,692 706,684 2,922,449 3,838,712 998,207 4,618,417 14,947,943 62,605,701 83,916,890 107,872,978 47,858,511 8,704,579 2,077,219 59,255,213 3,916,583 4,107,389 294,365 4,394,349 3,860,706 137,381,708 "413,267,761 27,526 3,319,783 3,319,783 143,119,869 1,351,600 914,474 32,012,100 6,614,017 280000 38,906,117 PERCENT UTILIZATION 29% 5% 19% 10% 44% 25% 54% 33% 36% 52% 44% 45% 34% 32°%. 10% 6% 7% 16% 31% 23% 44% 37% 37% 21% 8% 2% 48% 37% `25% 0% 3% 0% 33% 0°% 8°% 457,362,401 (48,177,211) 166,393,159 17,888,405 17,888,405 30,000,000 30,000,000 (60,052,195) 60,052,195 (57,000,000) (57,000,000) (18,177,211) 109,393,159 24% -22°% 23% 23% 34% 34% 14°% 550,160,613 83,279,313 118°% $ 339,310,930 $ 531,983,402 $ 192,672,472 157% 44 917 Z04'886'1E9 $ 999'LZ9'29$ Z6Z'669'2£ $ 091.141 S EZ9412'9Zl £L9'091.'099 6S0'SSZ'lt 893 L61 8Z LOZ"ZLL (LLZ'LL V8L) SOS'Zdl'9L 98L'106'8 C96't 000'000'OE 89C'LOD'L1. 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BACKGROUND INFORMATION: Attached are the quarterly investment and cash flow reports as required by state law and Commission policy. The county of Riverside's Investment Report for the month ended December 31, 2007, is also attached for review. Attachments: 1) Quarterly Investment Report for the Quarter ended December 31, 2007 2) County of Riverside Investment Report for the Month ended December 31, 2007 Agenda Item 7D 46 Naturs• of lnvcatmnnta e relee" 0.0296 � Operating Funds 73.8611.— De .. Reserve 3 O7% 0-ex Statement of Compliance All of the above investments and any investment decisions made for the quarter ended December 31, 2007 were in full compliance with the Commission's investment policy as adopted on April 11, 2007. The Commission has adequate cash flows for six months of operations. Signed by 14-" t Chief Financial Officer 47 •sesodmd Bylyodu Isps1,.14 Jo/ elgeryeou ue01 a se peyoCu s mop Winn Jaswlsenul (I) £Le 86P8L9 Y 1V101 886'I•ZL'9L 000'000'9 OZ9'000'Z 69Z'998'6S LLCLEL'LZ 899'E46'4Z LE8'089'C 908'etC'E L69'ZZS'LE9 SS4'ZZ sweluaeJey 41.19wlssnul laded 1810Jewwe0/1130N 9le106100 sollun0es AJnseaJl •g.n peode0 pe semillueo sellunoes 10ua6V ltJaped spund Isn1nW Ielol -4n3 pund uope6p40 luewuanos ueauewy LsId pgui •pund tuoRe6114Ct 6Jnseell ueuewy Lam Jepe40 IN0 :epund IenlnW 3dA11N3 W 1S 3AN 103ZN VWW(IS (ZLO'90Z) AIV1 100d Aluno0 meg $ BBCat'SL $ 000'9Z6'SL Y 946Z1 80/22/00 60/4Z/90 OZ9 DZ9 $ 1.69%886 $ 000'000'4 029'000'2 LE8'ase'e LE8'099 6 $ 000'000'9 000'000'Z LE8'989'£ %Z6'4 %LC'S %OB'4 %OWE V/N. %Z6'4 V/N (SS01) 3111VA NIVO 03211V3b N11 13NSVVi WV OS:69002/1M 1s00 35VHoand AlIM01VW 0101$1A. 80/S L20 90/9020 V/N LO/SL20 90/9020 V/N 31V0 - 31V0 AlIaNlVn 3SVHoand 817 000'9Z69L $ LE8'.0896 $ 000'900.4 000'000'2 LE8'0B9'£ OIIW0Od %O9'4 %IWO %Set %e}J uodno0 LOII£2L LO/OL/2L LO/60/LL ele0 qunLeIN 000'000'2 elgeee0uou•+loN tuneee4 Sn 000'000'L 010elleauou-SION uuel paw (boo leede0 oul0al3 ledeueO 000'09Z'2 elge8e0-010N(ywNd)ueneio0sey e6e6uow NuolleN NJepad Ap lle4'! le enNA Jed aanlJmaw auory mote4eJnd 1002'Li Je9ulelo0 pepu3 Jepena sq1 J01 tu04aeeusJl Luelultenul V/N V/N %000'9 V/N wMPoRey wtltlVleey V/N eJVVV/eeV EL986P 2LS Y 909'L68'L9 LLL'lEZ'LZ 896'LZL'SL 849'E96'92 844'00822 V/N 'L+A/VVV/LilWeeV 849'soe'Z2 666'06L'LL£ %OLE'S +LV/Ld/Ld 000'000'9 %098'9 yVV/VVV OZ9'000'2 V/N VVV/VVY L£e'099'£ ylN Pele$1l0N 908'4Le'£ teN I+NVVV/LMW/eeV 69Z'L IL'49E V/N +999ICV 6$9'22 smvA 31VL d95 H011d/SA000W arivA ilk/A LVd NOd1100 ONI1Vb eluewlsenul pug qt+0 IIV 1V1o1 onJaseb leg0/1Pund 100041 Puce I81014e8 15nJ1 ul plaH • pun d e010100 tineell ue0uewy lead Pend u09e6e0o lueululenoO Ueouewy luld slueweau6y )ue Wlsenul pund suoge61I40 knseeli ueauewy LSJId antasaM 193UJSONnJ 100eONd ONOS NOISSINE100 IsnJl ul pleM spend lWelpnS pond uopepodeueJl leeal :pund Luemeenul mood e,AunseeJl Nunoo 1811N1 NI'013M SONfId spun,' 6uIWbd01Qe1gn$ 00 010ep060N NNV8013tlN elgelleauou-elON 81Hd Jeue40 INO • +pund lenlnn le$Jew Aauow :sellVnegg AJnseewteue6y (dIV1)pund 11.41.1)160nul6oue6V le001 MIA Waggon! mood sAinseaJl ANnoo slle00e0'wee IeueeeN APO SONnA ON11V$9d0 LOOZ Jegweeed :pepu3 potted 00de8 OIIOfpod lueulsenul uolssluulop uollelJodsueJl Agun00 BpISJenla • • • 27-Dec Durable Goods Orders (0.1% actual vs: 2% survey) 27-Dec Consumer Confidence (86.5 actual vs.88.6 survey) 04-Jan Unemployment Situation Rate (5% actual vs. 4.8% survey) Payroll change(18000 actual vs.70000 survey) • "Am I In or Going Stag?" Inflation, stag- flation or recession: Where are we headed? This Is the million dollar question. You don't have to be a financial guru to see that prices of energy and other commodities, as evidenced by the CRB (Commodity Research Bureau) Index, continue their record climb. These prices are rising as emerding economies, such as China and India, are gobbling up•resources at an increasing rate, despite the fact .that U.S. demand has slowed primarily due to the aftermath of the real estate meltdown. With unemployment trending higher and manu- facturing lower, the storm cloud closest to Our operation is the slow down, in the housing market; new home sales fell another g% in November marking an over 50% drop since prices peaked two and a half years ago. •History shows us that all of the past recessions have taken place during, or • right after, a housing correction. Here Is the onion, we have both sluggish eco- nomic growth coupled with a higher level of inflation than the FED is comfortable with, and, rising unemployment. In other words, we now have the Ingredients for stagflation. The real problem is that it will be difficult for the central bank to defeat if it rears its ugly head as the FED really does not possess the weaponry necessary in ,its monetary policy arsenal. The FOMC cut both the fed funds and discount rates on December 11'" by another 25 bps. to 4.25% and 4,75% respectively. At this juncture, we expect further cuts of 50 bps. on January 30'h. The FED Is truly stuck between a rock and a hard place as It was the excess Ilquidity of the past that has contributed to our present economic condi- tion. Stay tuned. -ntcauttee Paul McDonnell Treasurer -Tax Collector aOntfi nc! i'viarFe'i; 1‘,4onth Va3ur;* JU l apt.: 4x 1 Loss.'" 1 0r .Pt( er in or: [3ook Lass (%) •Yieid ; •• •• :r November 5,016,644,039.96 5,003,676,304.83 12,967,735.13 0.26% 4.99 0.90 0.84 September 4,739,726,202.02 4,730,815,295.98 6,910,906.04 0.19% 5.23 0.91 July 4,762,169,767.44 4,766,207,466.04 (4„037,698.60) -0.08% 5.17 1.13 1.04 *Market values do not include accrued interest 49 The FOMC decided on December 11 to cut the federal funds rate 25 basis points to 4.25%. The 2 year T-Note was yielding 3.05% (up 1bp.) while the 10 year T-Note was yielding 4.04 (up 7 bps.) For November the Pool had a de- crease of 7bps, In the average monthly yield. 3 Mo.US TreasuryBlll 6MoUS TreasuryBlll 2 Yr US Treasury Note 3.49 0.12 3.05 0.01 5 Yr US Treasury Note 3.45 0.04 13 Yr US Treasury Note 4,04, 0.07 FED Fund Rate 4.25 (0.25) Crude Oil " (barrel) 95.98 7:27- Oold Ounce 836.70 42.35 OJtA S8P 500 NAS.D1 0 13,264.80. - (1)8.90). 1,488.38 _' (12.78) 2,8522i-, I',-(8,88) Page 1 • Sector breakdown Cash Equlvale t 6MMF Negotiable CDs M unlclpel Bonds Local Agency Obligallon ' Prl ari:¢:t Vadu^ 4Ni 719,000,000• 0.06 510,000,780 0,14 5,02 72,881,571 1.33 4,87. 6,780,000 TOTAL - 5,936,074.512 • 1.77 4.82 y Cash Flows' Maturity Distribution 50°A, 40% - 30% 30 clays or 30 - 90 90 Days - 1 - 2 Years 2 - 3 Years Less .Days 1 Year Over 3 Years 11„e, i le 01/2008 717.7 , 1-,406,1 is (688.4) 6242 1.945.5 ' i 07/2008 762 E • 951.9 , (189.1) 189.1 . 0.0 09/2008 655.7 832.5 (176.81 . 47,9 • 10.0 11 /2008 894:6 .706.4 " 188.2,. 188.2 135.2 ,164 7 50 t Treasurer's Institutional Money Market Index (TIIvIMB Is conpiled and reported by the Riverside County Treas- urer's Capital Markets division It is a composite index derived from the average of three nada-billion dollar AAA rated Prime (funds that invest in a diversified portfolio of US dollar denominated money market instruments including U.S. Treasuries, government agencies, bankers' acceptances, commercial paper, certificates of deposits, repurchase agreements, etc) portfolios that the Treasurer tracks. Further details available upon request.- ' The Pooled Investment Fund cash flow requirements are based upon a 11 month historical cash flow model. Based upon projected cash receipts and maturing investments, there are sufficient funds to meet,fumre cash flow disbursements over the nest 12 months, • 2969d 98'2 6[2 CL'z 212 962 £9'2 99'2 6E02 96'Z CC ZC4 S9'9 006 02'S DS S 00'0G6C'CL 00'066'060'S 00'002 99 00'00906001. 006092£ 006062CO'S 00'006'99 00006'990 bL 00'004 6C 00'004'4CO'S ZS'Z L2'2 WS 00 OOP b6 000040£0S ameussiammummenersffeatenomo EC SCZ 025 CO'COS'LC 00'005LC00 6ZZ LL'Z 92'S OO OSE'LL 06000'ZLO'S 102 69 L 96L B'L PSP�. 1l..il SR' L 92'6 ZE L 9G 0 41 A' ',410i ZZ'DOL00'000'2669 b'OOL 00609228'6 99'00t C0'000'0006 Lb'OOL a00.000'000'01. 69'00La 00'000'000'S 69'004 00 000'000'S 8£ 001- DO 00000'01. 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Y ..d"n 13fI VA NO013 1.L11111V1Il - NOd[10J YVVNYWeeV dWl S3130N SO1 00 000'6L L'E ltll+tl 8001 SNY319 ONV'1MY01 00'000'00051 N011df8JS3❑ 11 Vd 931dLL84L 6NVO9 L065 92946009/ 90Sd2266l 6XALEIS698 00 319YLLOOSN • CON 6nweesDbs 9NdES0989 681/991L0Z EN899Z85£ �9 6H3N950OZ �. 6Nf LSL£SS Ld039EbPS 2f986ft61 95WL8S99S 4i""`,s,i140SEZiAROQ SZLIODZZ/9 dIS(IJ LOOZ pun;i ivatuisaAui paioo6i s iunsenii, S a8ed L9 9179£9 30001N3WNH3A09 VIN2i0311d0 30 S1N3W3d1flb32i 180d38 3Hl S3131dW00 SIH1 '000'000'005$!o puawageuew spun s)asse l)lm pue aouayadxa snag ual) nal )ou tplm Losmpe wow -is -aim ue anal isnwdo c step 06 8ulpaaoxe )ou t)pn)ew egeiane pe)lg)am se pa)aidia)ur aq dew t)un)ew sound len)nyy e Nueq /elaawwoo auo tue l)lm pa)sanur aq taw 4099)eo srl)/o %oE uel) a./ow oN r 1�w4F 17, �a XVNI%0 Si) V3A £ 11 Nl ON V/N SONfId 1N3 W1S1ANI AON3OV 1 VOO1 *36'0 pan Mad Peog A1.100°11 A11VO V/N V/N V/N ON(ld 1N21311HOHS1S11l111eO S11SO d3O 3 WI1 V 31VO13112M ldM1 dM1V %0£ SA V O 09 (1.)%017 SAVO OLZ 3°JN VHOX3 d0 Sill El % O! IO111Od' apISLan!a lemoy SNOI1VO119O AONSOV 1V0O1 Noaa)eo luawlsanul . •szosTnzadns 3o pzeog ,i;unoD alT; /Sq panozdde pup aamuinuop upTszanp ;uauusanui s,Li;uno3 0111 dq Xffer nio pannatnai st XoRod sua •apop ;uauiuzanop n uzopreD aT{; u�tp ant;ogisaz azoui s1 Xagod ;uauusanui sAunop aq1 .Xogod ;uauusanuI 30 via -moms s,zaznsuazZ aq; tpTm aDN IldIA103 77n,4 uT sgm pond Tuauusanui pajood s,zaznseau aqZ S ouanispa4AlunooROAM sn.go•ap saani •oo�n slaxz mtelideo; SOZZ-ZOSZ6 VD `aptsaantH slavew - Jooid Tpt uou oq Not Jowao anpagsm uzpy XlunoD AGENDA ITEM 7E • • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Michele Cisneros, Accounting and Human Resources Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Single Signature Authority Report BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the Single Signature Authority Report for the quarter ended December 31, 2007. BACKGROUND INFORMATION: The attached report details all professional services and administrative contracts that have been executed for the second quarter ended December 31, 2007 under the Single Signature Authority granted to the Executive Director by the Commission. The unused capacity at December 31, 2007 is $478,000. Attachment: Single Signature Authority Report as of December 31, 2007. Agenda Item 7E 59 • • SINGLE SIGNATURE AUTHORITY AS OF DECEMBER 31, 2007 ORIGINAL CONTRACT REMAINING CONSULTANT DESCRIPTION OF SERVICES AMOUNT PAID AMOUNT CONTRACT AMOUNT _ AMOUNT AVAILABLE July 1, 2007 $500,000.00 McCormick -Busse, Inc. Agreement for Video Services with McCormick- 22,000.00 21,959.48 40.52 Busse, Inc. AMOUNT USED 22,000.00 21,959.48 40.52 Less return of remaining contract value due to expiration: AMOUNT USED, net of adjustments 0.00 AMOUNT REMAINING through June 30, 2008 Towa Reabroi-DeMorst Michele Cisneros Prepared by Reviewed by Note: Shaded area represents new contracts listed In the second quarter. 60 $478,000.00 AGENDA ITEM 7F • • • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Shirley Medina, Program Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Measure A Western County Regional Arterial Call for Projects BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to receive and file the status of Measure A Western County regional arterial call for projects.. BACKGROUND INFORMATION: Last October, the Commission released the 2009 Measure A Western County regional arterial call for projects. The Measure identifies $300 million available for this category over the 30-year life of the 2009 Measure A. The intent of these funds is to fund transportation improvements on regional arterials identified in the 2009 Measure, and Transportation Uniform Mitigation Fee (TUMF) backbone network. Although the funds are not available until July 2009, Commission staff would like to get a jumpstart on programming the funds so that as soon as the new Measure funding comes in, the Commission would have a program in place so that projects could start immediately. The Commission established a threshold for beginning construction in the year 2015. Additionally, developing the Western County regional arterial program at this time would assist the Commission in determining the needs on the regional arterials along with the 10-Year Western County Highway Delivery Plan adopted by the Commission in December 2006. Looking at these programs together would benefit the development of the Commission's cash flow forecast. A total of 35 projects were submitted totaling $650 million. Of the 35 projects, 11 projects have already been approved for TUMF regional arterial funding and are requesting a total of $220 million of Measure A funds to complete the funding needs for these projects. Agenda Item 7F 61 Staff will work with the Public Works Directors of the Western County cities and the county to get their input and feedback on the development of this program.. Staff plans to present the project recommendations to the May 2008 Commission meeting. Attachment: Measure A Regional Arterial Funds Requested -. Projects Submitted December 17, 2007 Agenda. 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R/W ®® $ 10.000 ®®® $ 10.000 Elsinore Improvements,. Cons. ®®.21.000®®® $ 21.000 Year Total $ ,1.000 $.. 3.000 $• 10000 000 - $ 35.000 PA&ED --$ 0.050 - --�.. 0.050 PS&E : ® '. 1.300 ®®® 1.300 Hemet SR 74 California Ave R W ®® 1,400 ® 1.400 to Calvert Ave Cons ®® _ ®® '.2,065 2.065 Year - ' - Total $, - .$'° 1:350 $::.1.400 $ '- ". $ $°'-'.� .$ - -_ $ 2.065 $ 4.815 PA&ED 0.080 ® ®_- 0.080 PS&E ®,. 0.932. ?.. ®®® - 0.932'. Riverside Van Buren Garfield to R/W ®`$ 5.510 ®®®$ 5.510 Blvd Jacksorr Cons. -®.. 4,922 ®®® $ 4.922- Year .. , :: _ Total $. 0.080 $;.. 6.442 L - : $ • .4 922 $ $. ". - $ _ $ - $ 1 1.444 PA&ED. $. 0.075 ®® ®®®.$ 0.075 PS&E - `$ 0.625 a®- $ 0.625' Riverside Von Buren Indiana to Sly R/W -®$ 4.750 4,750 Blvd City Limlls Cons ®® 6.700 ®®® $ 6.700 Year - Total $ OOiS $. �_0.625 $';4750 $' 6700 $ $ -?-. $ ,- $ - $ 12.150 64 • • 16 17 18 19 20 21 22 23 Riverside Murrieta Murrieta Murrieta Corona Arlington Ave Clinton Keith/1-215. Date Street Murrieta Hot Springs Rd Cajalco Rd Brockton 10 Alessandro Reconstruct/ Improve Design Ext. Q Murrieta Hot Springs Rd Widen and Restripe 1.15 I.C. PA&ED PS&E R/W Cons Year Total PA&ED PS&E R/W Cons `Year $ 2.900 $ 7.100 $', $ 0.035 $ 0.710 $ 2.155 $ 0.050 $ 0.500 $ 1.650 Total PA&ED PS&E $ 0.247 $ 0,789 Year Total $ 0.281 - .$ 0.789 PA&ED PS&E R/W Cons $ 0.056 $ 0.275 Year• Total $ 0.331 ��,$ 3.110 $ PA&ED PS&E $ 0.050 $ 0.500 $ 1.650 $ 5.650 7.850 $ 0.035 $ 7.100. $ $ 10.000 $ 0.034 $ 0.247 0.789 $ 2.017 $ 3.087 $ 0.056 0.275 0.613 2.497 $ 3.441 tE� R/W Cons . Year Total 31.000 $ 31.000 $ $ 31.000 -1211111 6.800 $ 1.000 a $ 6.800 $ 16.907 $ 23.707 $ 1.300 $ 1.441 $ - $ " 2./41 3.000 3.000$ - $ 1.000 $ 1.000 3.000 $ 10.000 $ 15.000 65 • 24 25 26 27 28 28 30 31 County of Riverside County of Riverside County of Riverside County of Riverside County of Riverside Cajalco Rd Ramona Expressway Newport Rd/I-215 Van Buren Blvd/ I-215 Scott Rd/ 215 Temescal Canyon to 1-215 Perris City Limits to Warren Rd Interchonge Interchange Interchange PA&ED PS&E R/W Cons 1.000 Year $ 1.000 $ .- Tolal PA&ED PS&E R/W Cons Year Total PA&ED PS&E R/W Cons Year Total PA&ED PS&E R/W Cons Year Total PA&ED PS&E R/W Cons Year Total PA&ED PS&E R/W Cons 'Year . Total PA&ED PS&E R/W Cons Year Total PA&ED PS&E R/W Cons Year Total $ 25.000 0.600 10.000 $2,10.000 $6.000 13.800 $ 1.000 $ 25.000 $ 65.585 $ 91.585 $ 24.000 $ 24.000 0.800 0,600 $ 6.000 $ 13.800 $ 6.000 ;' _ $ 13.000 $- $ 21.200 �� ..39.000 4.000 4.000 $ 3.000 'I$ 21.000" $ 21.000 $ $; 3000 $.. $ 25.000 $ - 13.000 $;13.000 $ - $ 10.000 $ 13.000 $ 23.000 MEM $ 10.000 $ 10 000 MEM 101111111111 $ . 39.000 $ 39000 EM1M MEM $ 4.000 $ 21.000 $ 25.000 3.000 $ 25.000 $ 28.000 66 • L9 ue.101Nd Iepepv Ieuol6ea dWtll 0101; u1 pspun; osle eleefold EWA.aatl 801'099 $ S907 $ 0L6;417 8Z9'£OS $ £99'4Z t S Leg* IL S OE0'0l S Oo0 Q' $ 000' L $ $ 000'l $ S90'Z S o1cve S 000'S9;.$'S£Z'6Z1$ Las soz$ 48S'7Zf$- ol8'£L 000'S9 S • S S • S 000 is $ $ 000'Ze $ 000'Z S • S SeZ'Z 1.1 $ 000'91 $ 11111MIMIMPI ®11111111111111111M1 anon 000'£ 5 men S • 5 4£4'06 S 004'6L S OSL'4 $ - S L6S'££ $• L117,1 Inlnl. .1oaA 90E'4Z S 000'Z S SSl'L S suoD m/a SO9' L L S zerz S 3'8Sd 00£'9 S ono s $ coo z : $ $: 000z 000'S$ OEL'S S 037Vd 0001 $ IP1°1 inaA . WOO Mid 31'Sd 03'8Vd Inlnl', Ina), . Suo� M/a 000'Z 3'8Sd 011.6E $ - $ OfSOE $ 016'06 $ 000'S 000 Z $ $ 009'eZ $ 000'S 000`1 ,$ 009,'9Z4 oozz $ 03'8Vd $ 10101 ioaA SuoD Mid 3'8Sd 03'8 V d - 0o4'0 $ lo{ol ioaA suo0 009'CZ $ 000 e $ Mid 3'8Sd 03'8 V d aaisanoaa sluawanox ul •'.I Jenla ouV oluoS 04.09dS uol{olodes apouo saNnd StZ I /AomeSeld%3 ououoa PM8 uemg uon pa odnun( /Pnl9 using uoA 1V101 saved eplslanla o A{unoo eppenlb ;o Alunoo S£ 4£ ££ Z£ • AGEND ITEM 7G DETACH -AND SUBMIT TO THE CLERK OF THE BOP. . _c. G� r DATE: V "kk,. CHECK IF PUBLIC COMMENTS: O AGENDA ITEM NO.: (AS LISTED ON THE AGENDA) i SUBJECT OF PUBLIC COMMENTS: SUBJECT OF AGENDA ITEM: NAME: Cam, M242.1 R ip �Ip� ADDRESS: �� 0.6 �S st 1\ V (g j STREET REPRESENTING: �- -EILSt c,fii RE,P4IS NAME OF AGENCY / ORGANIZAT ON / GROUP BUSINESS ADDRESS: PHONE NO.9( j (� 1-- 493/9 2.57 y(�1 V ZIP CODE PHONE NO.: STREET CITY ZIP CODE RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Shirley Medina, Program Manager THROUGH: Anne Mayer, Executive Director SUBJECT: City of Corona Transportation Uniform Mitigation Fee. Programming Request for Additional Funding for the Foothill Parkway Extension Project from Paseo Grande to Lincoln Avenue BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve the city of Corona's request to increase the Transportation Uniform Mitigation Fee (TUMF) regional arterial funds for the right-of-way phase on the Foothill Parkway extension project from $2 million to $12 million; 2) Approve an increase for expenditures of $10 million in the FY 2007/08 budget; and 3) Amend the TUMF agreement. BACKGROUND INFORMATION: The Commission currently has an agreement with the city of Corona (City) to provide $2 million in TUMF regional arterial program funds for the right-of-way phase on the Foothill Parkway extension project from Paseo Grande to Lincoln Avenue. An additional $17.282 million was approved for construction, but not programmed. When the Commission approved the TUMF regional arterial program, the majority of TUMF programming was for pre -construction activities with a first come, first serve requirement for agencies to request construction programming when projects are ready to begin construction. The cost of right-of-way for the Foothill Parkway extension project has increased significantly and the City is requesting the Commission to increase the amount of TUMF funding for the right-of-way phase from $2 million to $12 million by moving $10 million from the construction phase to the right-of-way phase. The amount identified in the original request for the construction phase is $17.282 million. Agenda Item 7G 68 The request does not increase funding for the project and the City will be required to use additional local and/or other funds to complete the construction phase. This request is consistent with current policy and staff recommends support of the City's programming request. Financial Information In Fiscal Year Budget: No Year: FY 2007/08 Amount: $10,000,000 Source of Funds: TUMF Regional Arterial Budget Ad ustment: Yes GLA No.: 210 72 81401 P5102 Fiscal Procedures Approved: \1414 a4,v,itte,ozin Date: 02/19/2008 Attachment: City of Corona TUMF Amendment Request — foothill Parkway Extension Agenda Item 7G r 69 • OFFICE OF: PUBLIC WORKS (951) 736-2238 (951) 279-3627 (FAX)_ AmadQ@ci.corona.ca.us • November 20, 2007 82326 AM, SM 400 SOUTH VICENTIA AVENUE, P.O. BOX 940, CORONA, CALIFORNIA 92878-0940 CORONA CITY HALL - ONLINE, ALL THE TIME (http://ci.corona.ca:us) Anne Mayer RCTC Executive Director 4080 Lemon St. 3rd Floor Riverside CA 92502 1)ECEII V IE NOV 2 72007 TRANSPORTATION COMMISSION ATTENTION: Shirley Medina SUBJECT: Request for Transfer and Advancement of TUMF Regional Arterial Funds from Construction to Right -of -Way for Foothill Parkway Extension. Dear Anne: We would like to request a transfer and advancement of our TUMF construction funds to Right -of -Way for our Foothill Parkway Extension project. On November 2, 2005, the City of Corona executed an agreement with RCTC (agreement 06- 72-540) for the Foothill Parkway Extension Project. This agreement was for engineering design and right of way purchase. The amount of our agreement was $4 million ($2 million for PS&E and $2 million for RNV) matchedby $4 million in local funds ($500 thousand for .. PS&E and $3.5 million for R/W). The agreement also identified an additional $17.282 million for construction that was to be programmed in a future year. The City of Corona is now at a point where the design is nearing completion and the right of way purchase is critical for the project to move forward. However, the right of way purchase has exceeded our original estimate of $5.5 million. We are therefore requesting that $10 million of the construction funds be transferred to the right of way phase for this project and be programmed for fiscal year 07/08. We understand that the construction funds will be reduced to $7.282 million for this project. Based on your approval, we will process the necessary amendment to our agreement as soon as possible. We took forward to working with RCTC on this request and thank you in advance for your cons': eration. Sin erely, A Qattan, P.E. Public Works Director 70 AGENDA ITEM 7H • • RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: San Jacinto Branch Line Ad Hoc Committee Stephanie Wiggins, Regional Programs Director THROUGH: Anne Mayer, Executive Director SUBJECT: Evaluation Criteria for Perris Valley Line Station Development Priority List SAN JACINTO BRANCH LINE AD HOC COMMITTEE AND STAFF RECOMMENDATION: This item is for the Ad Hoc Commission to approve the evaluation criteria for the Perris Valley Line (PVL) Station Development Priority List. BACKGROUND INFORMATION: The PVL project seeks to extend Metrolink service from Riverside to Moreno Valley and Perris. The purpose of the project is to provide more reliable and convenient access to the Metrolink system and the locations that it serves for residents of Riverside County. The project includes a proposal for six new stations: Spruce, UCR, Moreno Valley/March Field, Ramona, Downtown Perris, and South Perris. The PVL project is currently estimated at $168 million.' As part of the funding plan, the Commission is competing for $75 million from the Federal Transit Administration's (FTA) Small Starts program. In December 2007, the FTA approved the Commission request to begin project development. The project also received an overall project rating of "Medium -High", the second highest rating available. However, FTA cited concerns about the ability to remain cost-effective. Cost-effectiveness is a combination of capital costs, operating costs, and ridership forecasts for opening year. FTA encourages a reduction in the capital costs for the project. As a result, staff is pursuing three key areas to reduce costs: evaluation of a delivery method, value engineering, and phasing of stations. This agenda item addresses the phasing of stations. This cost estimate excludes the cost to acquire the San Jacinto Branch Line ($25 million inflated dollars). Agenda Item 7H 71 Since the Small Starts cost-effectiveness is based on the opening year of the project, not all six stations are needed for the start-up of service in 2011. In order to develop a phasing plan for the stations, staff is requesting that the Commission approve evaluation criteria for each proposed station. The evaluation criteria are based on six factors: Cost Effectiveness: 150% weighting) • Capital Cost per Station (40%) • Ridership per Station — opening year (60%) Effectiveness: 140% weighting► Mobility Improvements (40%) • Access for Low Income Residents (Measured by proximity of Low - Income Households) — opening year • Employment — opening year Economic Development/Land Use (60%) • Zoning to promote transit use Community Input: 110% weighting) The weighting recommended is based on the FTA evaluation criteria rating with the exception of 'Community input. The Community Input factor is recommended based upon public outreach and feedback to date regarding the project. Once the evaluation criteria and weighting are approved by the Commission, each evaluation factor will be applied to each of the proposed stations, .including the new proposed station of Fair Isle Drive. It is anticipated that the analyses will be complete and preliminary recommendations will be made to the Ad Hoc Committee in May, followed by consideration of the Commission at its June 11 meeting. Agenda Item 7H 72 AGENDA ITEM 71 • • • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Henry Nickel, Staff Analyst Sheldon Peterson, Program Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Commuter Rail Program Update STAFF RECOMMENDATION: This item is for the Commission to receive and file an update on the Commuter Rail Program as an information item. BACKGROUND INFORMATION: Inland Empire -Orange County Weekend Service Performance Q3 FY08 Passenger Trips IEOC Weekend Service SAS S . Daily passenger trips on the year-round Inland Empire -Orange County (IEOC) Metrolink weekend service have continued to grow through the third quarter, providing 3,619 passenger trips quarter to date. This is an increase of nearly 29% over the 2,814 trips provided at this point last year. The success of this service is due in large part to the coordinated marketing efforts among the Commission, Orange County Transportation Agency (OCTA) and San Bernardino Associated Governments (SANBAG). Most all responsibilities for marketing of the service have transitioned to Metrolink, this has included revised seat drops, branding, and consolidation of the various weekend services under a single promotional umbrella. Agenda Item 7l 73 Parking Structure Construction Proceeds as Anticipated at North Main Corona Construction of a new six story parking structure at the North Main Corona Metrolink station is continuing as anticipated. On January 4, the affected portion of the parking lot was closed. To compensate for this decrease 239 spaces, the Commission has leased 300 spaces as an auxiliary parking lot at the former Edwards Movie theater. Corona Cruiser initiated shuttle service on January 26. Riverside Transit Agency (RTA) began providing additional shuttle service on January 7, transporting morning and evening Metrolink commuters riders to and from the station and auxiliary lot. This shuttle designated by RTA as the Route 206 "Hopper" transported 3,632 North Main Corona Metrolink station patrons during the month of January. Additionally, RTA augmented Route 3 to now serve as a shuttle for mid -day passengers. The Commission staff will continue to monitor the auxiliary lot and adjust operations as needed. Information has been made available to the public through multiple internet channels including the Commission, Metrolink, OCTA, and: city of Corona websites. Additionally a designated rack for project update flyers has been installed on the platform walkway to provide passengers with regular communication regarding the project and any impact it may have upon their use of the station. Designated notice boards have been placed on the platform to notify passengers of transit alternatives and relevant project information. Both station security and Metrolink staff have been notified of how to direct station patrons to relevant project information and updates. Rendering of the completed North Main Corona Parking Structure. Track Work along Orange Subdivision to impact Weekend IEOC Line service in April Metrolink will conduct necessary bridge and track repairs on the Orange Subdivision between San Juan Capistrano and Oceanside during the last three weekends in April and likely the first weekend in May. To accommodate IEOC weekend passengers, Metrolink will be providing bus bridges between Oceanside and San Juan Capistrano, serving all station locations on a modified schedule. Upon finalization of the bus bridge schedule, the Commission staff will be working with Metrolink Marketing and Communications staff to assure information is conveyed to passengers prior to construction. Agenda Item 71 • 74 • • Riverside Line Passenger Trips Riverside Line 6,000 5,600 a 5,200 H 4,800 c 4,400 u4,000 3,600 3,200 01 6% 01 01 07 O‘ �O� O% Ok O� ! 1 01 00 )ace Few sec V9 �a� )°� )0 Q°�' coe Oo� �°� ��' )ate Month Daily passenger trips on Metrolink's Riverside Line for the month of January averaged 5,183, n increase; of 189, 4% more than the month of December. Compared to one year prior, the line averaged an overall daily increase of 1,097 passenger trips. This is nearly 27 % more than a year ago due primarily to 91 Line passenger migration, strong on time performance and completion of the Union Pacific (UP) track work last January. a rn C N u ` a 100 95 90 85 80 - 75 70 s k OA O‘ Jac ke'O 40 On Time Performance (95% Goal) Riverside Line UP Track Work r \AA �A �rAA e� A. °4A, °A� acA� PJ 60 O C� Oa ) Month January on -time performance averaged 96% inbound (-2% from December) and 98% outbound (+3% from December). There vvere seven delays greater than five minutes during the month of January. The following are primary causes: Agenda Item 71 Signals/Track/MOW Dispatching Mechanical Operations 2 3 0 2 28% 44% 0% 28 % TOTAL 75 Inland Empire -Orange County Line 5,000 4,800 y 4,600 a F 4,400 0 4,200 It 4,000 3,800 3,600 Passenger Trips Inland Empire Orange County Line cA1 p1 to1 A1 A1 P01 �00p1 4> a Q0 e`a PQ`4�sJo�\oQ 0 ,4AcA O�° pm )a Month Daily passenger trips on Metrolink's Inland Empire -Orange County (IEOC) Line for the month of January averaged 4,867, an increase of 245 trips, 5;% more than the month of December. The line has: increased by 166 daily trips or 4% from a. year ago January 2006. 100 • 95 ,2 • 90 • 85 d 80 a 75 On Time Performance (95% Goal) Inland Empire Orange County Line 70 A 1 1 A A 1 1 1 1 1 1 1 0 A 0�A o A ��A J A \ bo o Goo �A o �A F P � ) PJ 0e O �o ,oe so Month January on -time performance averaged 97% southbound (+3%o from December) and 95% northbound (+2% from December). There were 13 delays greater than five minutes during the month of January. The following are primary causes: Signalsarack/MOW Dispatching Mechanical Operations Agenda Item 71 76 • 91 Line- 2,800 2,600 2,400 o. 2,200 ~ 0 2,000 at 1,800 1,600 1,400 Passenger Trips 91 Line cA1 0 `01 `P P. cA� J�P � � Q l G\4o Q,A 0 01 o� �a� �� ) PJ ge p" , C; �a Month Daily passenger trips on Metrolink's 91 Line for the: month of January averaged 2,300 an increase of 200 trips, 10% more than the month of December. The line has decreased by 47 daily trips or -2% from a year ago January 2006, due to UP track work last year Causing Riverside Line riders to take the 91 Line. On Time Performance (95% Goal) 91 Line 100 d 95 R so d 85 d 80 n 75 70 A� 4 4 4 o1 01 0� p1 A� Al 0qa -NV <<e� far�J� PEA �eCf Do~ �°, �0�a� Month January on -time performance averaged 94% inbound (-1 % from December) and 97% outbound (-3% from December). There were eight delays greater than five minutes during the month of January. The following are primary causes: Agenda Item 71 SignalsfTrack/MOW Dispatching Mechanical Operations 2 0 1 5 25% 0% 13% 62% TOTAL 77 Connecting Transit Service Performance The Commission's role facilitating interconnectivity between Metrolink and connecting transit services is essential to ongoing viability of system. Such services address the needs of transit dependent riders as well as help mitigate congestionand the necessity for expensive parking capacity at our stations. The Commission is working to improve the efficiency and effectiveness of transit connections. In order to meet these requirements,. the Commission has worked with Metrolink and local transit operators to offer connecting services to and from Riverside County Metrolink stations at no cost for those with valid Metrolink tickets. Within Riverside County, services include free transfers to routes operated by RTA, RTA's Commuter Link service and Corona Cruiser. The following graphs show total monthly Metrolink transfer Passenger Trips on each of the three services. 3,000 a 2,500 a it 2,000 w 0 1,500 1,000 (NA O� Qy° Passenger Trips. RTA Fixed Route O1 01 0 0 0 p1 p1 001 C.‘p0 far PR` 4a� )�� �J� vs'`‘cd 06 �� ,o6 )ate Month Monthly Metrolink transfer trips on RTA's connecting fixed routes (1, 3, 15, 16, 21, 29, and 38) totaled 2,345 for the month of January, an increase of 74 trips, 3.26% more than the month of December. Monthly trips decreased by 256 or -9.84% over the last fiscal year. 7,000 6,400 C CL i 5,800 F p 5,200 4,600 Agenda Item 71 Passenger Trips RTA Commuter Link 4,000 0 07 j0) �01 001 1 01 �001 0 0 000 4a PQ NO 1 � PJq yes oo a+ 06' Sa( Month 78 • • Monthly Metrolink transfer trips on RTA's Commuter Link routes (202, 204, 206, 208, and 210) totaled 6,550 for the month of January, an increase of 1,756 trips, - 36.63% from the month of December Primarily attributed to the recent addition of Route 210, connecting the Pass Area to Riverside Downtown station as well as increased 206 ridership in light of the North Main Corona parking structure project. Monthly trips have increased by 1,928 or 41.71 % over the last fiscal year. 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'. •��}?: h. ^- ... _ °�� Y j �..� +'�....ii '-_ r " - i r; 'a � a�.:;e 1 5 i•:.'4Y• dot°'...' E u, i..�,r<•�1:� a�..Vsi�°� f. Diu:, �" '+',� Y•'L'+.,':'��@a M1yusrta E..::; �"S��::ul ° • SHINOW £1183101 ewll PeInPetios;o swum g up4;IM Bulnillr sule.u.;o °Belt/owed 3oIA213S AVON33M - ANviimi s 33N3213HCIV 3lf103Has misiinouow • • AGENDA ITEM 7J A .1 11 Jr . ' 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Brian,Champion, Program Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Public Transportation Modernization, Improvement, and Service Enhancement Account Funds and State Transit Assistance Funds to Public Transit Operators STAFF RECOMMENDATION: This item is for the Commission to: 1) Allocate Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds in the amount of $210,000 to the city of Corona, $990,000 to the city of Riverside, $1 million to the Commission's Commuter Rail Program, and $4,020,564 to SunLine Transit Agency (SunLine), and allocate $8,877,273 in PTMISEA funding and $3,622,727 in State Transit Assistance (STA) funds to Riverside Transit Agency (RTA) to enable these transit operators to procure vehicles and equipment and fund facility improvements; 2) Approve amendments to the city of Corona (pending City Council approval March 5, 2008), city of Riverside; and -the ;Commission's Commuter Rail Program FY 2007/08 Short Range Transit Plans (SRTP) to reflect an increase in capital expenditures in the amount of $210,000, $990,000, and $1 million respectively; 3) Approve amendment No. 3 to the RTA and SunLine FY 2007/08 SRTPs to reflect an increase in capital expenditures in the amounts of $12.5 million and $4,020,564, respectively; and 4) Approve a budget amendment for a $3,622,727 increase to STA expenditures in FY 2007/08. BACKGROUND INFORMATION: The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, "approved by the voters as Proposition 1 B (Prop 1 B) on November 7, 2006, included a program of funding for allocation to eligible public transportation projects. Prop 1 B funds will be deposited in the PTMISEA account. The PTMISEA Agenda Item 7J 82 is designed to help protect the environment and public health, conserve energy, reduce congestion, and provide alternative mobility and accesschoices for Californians. On October 24, 2007, the State Controller's Office released final revenue. projections for the FY 2007/08 PTMISEA program, vvith Riverside County slated to receive $17.8 million. Table 1 shows PTMISEA funding by apportionment area as well as the split between non -discretionary (allocated to a specific transit operator) and discretionary (allocated to an apportionment area based on population within Riverside County)) There are six transit operators (including the Commission's Commuter Rail Program) in the Western Riverside apportionment area, each allocated non -discretionary funding (totaling $1,584,388). In Western Riverside, the discretionary pool is shared between bus and rail services (78/22 percent respectively). Since SunLine and Palo Verde Valley Transit Agency (PVVTA) are the sole transit operators in their apportionment areas, non -discretionary and discretionary funds are allocated entirely to each agency. Table 1 - PTMISEA Funding by Apportionment Area FY 2007/08 `' ya Westem Coachella Palo Verde Riverside's Valley Valley Total $ 1,584,388 $ 717,912 $ 9,379 $ 2,311,679 City of Banning City of Beaumont City of Corona City of Riverside Riverside Transit Agency RCTC's Commuter Rail 11,820 7,171 25,761 23,269 676,363 840,004 Bus Services: 78% Rail Services: 22% 11 989,5'90 9,351,880 2,637,710 3,302,652 242,339 f 15,534,581 $13,573,978 $ 4,020,564 I $ 251,718 $17,846,260 ' Population Source: California Department of Finance, Demographic Research Unit 0/1/06) Agenda Item 7J 83 In December 2007, Commission staff notified transit operators of PTMISEA funding and requested each agency to submit projects based on fleet replacement/expansion needs, new construction or rehabilitation needs, and their ability to encumber funds in a timely ,manner (funds must be encumbered by June 2010). Western Riverside Apportionment Area In Western Riverside, the Commission's Commuter Rail Program is requesting $1 million to fund a portion of phase one improvements to the Perris Valley Multimodal Facility. The remaining balance of PTMISEA funds will be programmed in next year's SRTP. As indicated in Table 2, the Commission received requests from the city of Corona, city of Riverside, and RTA: Requests from the cities of Corona and Riverside can be accommodated through use of non -discretionary and discretionary (PTMISEA) funds. The city of Corona plans on replacing three dial -a -ride vehicles, while the city of Riverside is intending to replace 11 paratransit vehicles. RTA is requesting $12.5 million to fund a fleet expansion of 25 full-size buses to accommodate .new bus rapid transit (ART) and express service. Commission staffrecommends using available STA funds to augment PTMISEA funding to accommodate RTA's request. Table 2- Capital and Funding Requests for Western Riverside Apportionment Area Transit Operator Capital Request Qty Prop 1B Funds STA Funds Total Non - Discretionary Discretionary Pool Pool City of Corona Dialer -Ride vehicles 3 $ 25,761 $ 184,239 $ - $ 210,000 City of Riverside Paratransit buses 11 23,269 966,731 990,000 Riterside Transit Agency Full-size buses 25 676,363 8,200,910 3,622,727 12,500,000 Subtotal - Bus 725,393 9,351,880 3,622,727 13,700,000 Commuter Rail Perris Valley Station 840,004 159,996 1,000,000 The cities of Banning and Beaumont did_ not submit requests for FY 2007/08 PTMISEA funding. Non -discretionary funding allocated to these transit operators will be available for programming in next year's SRTP.2 2 To date, the State Controller's Office has not released FY 2008/09 PTMISEA funding estimates. If estimates are unavailable through the SRTP development process, a similar action to amend the FY 2008/09 SRTP will be undertaken at the time PTMISEA funding is known. Agenda Item 7J 84 The RTA Board of Directors voted unanimously in favor of requesting PTMISEA and STA funding as well as requesting an SRTP amendment at its January 24, 2008, meeting. The city of Riverside City Council approved a similar item at its meeting on February 5, 2008. Commission staff is requesting tentative approval of the SRTP amendments pending the city of Corona City Council approvalon March 5, 2008. Coachella Valley Apportionment Area At its meeting on January 23, 2008, the SunLine Board of Directors approved a request for $4 million to procure 16 replacement vehicles and automatic vehicle locators as shown in Table 3. The SunLine Board has also requested a SRTP amendment to reflect this procurement and additional revenue and expenses. Table 3 - Capital and Funding Requests for Coachella Valley Apportionment Area Transit Operator Capital Request Qty Prop 1B Funds Total Non Discretionary Discretionary Pool Pool SunLine Transit Agency Full-size buses 16 $ 717,912 $ 3,082,088 $3,800,000 Automated Vehicle Locators - - 220,564 220,564 Total $ 717,912 $ 3,302,652 $4,020,564 Palo Verde Valley Apportionment Area PVVTA plans on requesting funding later this fiscal year or will program PTMISEA funding in next year's SRTP. Staff also recommends a FY 2007/08 budget adjustment of $3,622,727 to increase STA expenditures to fund RTA's capital request. Although STA revenue estimates were adjusted at the February 13, 2008 Commission meeting, there are sufficient carryovers and unallocated current year revenues to fund this request. Financial Information In Fiscal Year Budget: No Year: FY 2007/08 Amount: S3,622,727 Source of Funds: State Transit Assistance Funds Budget Adjustment: Yes GLA No.: 241 62 86102 Fiscal Procedures Approved: \.1`ltuia Dater 02/14/2008 , Agenda Item 7J 85 AGENDA ITEM 7K • RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON DATE: March 1.2, 2008 TO: Riverside County Transportation Commission FROM: Transit Policy Committee Brian Champion, Program Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Proposed Augmentation to the Fare Box Recovery Policy TRANSIT POLICY COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 11 Review and approve the addition of the definition of Operating Costs to Calculate Farebox Ratios to the Fare Box Recovery Policy; 2) Review and approve the addition of the definition of Capital -Related Expenses Below Capitalization Thresholds to the Fare Box Recovery Policy; and 3) Review and approve the addition of the definition of Operating Cost Exclusions and Exemptions to the Fare Box Recovery Policy. BACKGROUND INFORMATION: The Transportation Development Act (TDA) of 1971 provides two sources of funding for public transit operators (public bus and commuter rail): Local Transportation Fund (LTF), which is derived from a '/4 cent of the general sales tax collected statewide; and • State Transit Assistance (STA) Fund, which is derived from the statewide sales tax on gasoline and diesel fuel_ • To be eligible for funding, public operators must maintain a ratio of fare revenues to operating costs of at least 10 percent for non -urbanized areas and 20 percent for urbanized areas — referred to as the fare box recovery requirements. The intent of this report is to augment the current Fare Box Recovery Policy with the addition of a definition of operating costs and capital -related expenses as well as to clarify the Commission's policy on excluding and exempting the cost of new service from the fare box recovery ratio. Staff presented these proposed changes to the policy at the February 21, 2008 Transit Policy Committee meeting. Agenda Item 7K 86 Atta'chrnents: 1) RCTC Farebox Recovery Policy 2) RCTC Farebox Policy Example of Farebox Calculation 3) Farebox Recovery Presentation Agenda Item 7K • 87 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Fare Box Recovery Effective Date: Page 1 of 8 Pages Approved by Commission Action: TBD INTRODUCTION To be eligible for Transportation Development Act (TDA) funds, transit operators (public bus and commuter rail) musf maintain a ratio of fare revenues to operating costs of at least 10% for non -urbanized areas and 20% for urbanized areas (PUC Section 99268.2). Intermediate (blended) Fare Ratio Minimum fare revenues to operating costs for operators serving both urbanized and non -urbanized areas can fall between the 10% and 20% requirement. The Commission, under PUC Section 99268.3 and 99268.4, is responsible for calculating the intermediate ratio. The methodology used to calculate the minimum ratio required consists of the following: R=.1 Cn+.2Cu Cn + Cu R = Required ratio Cn = Non -Exempt Costs of services in non -urbanized areas Cu = Non -Exempt Costs of services in urbanized areas The intermediate (blended) farebox calculation methodology is developed by the Commission and submitted to Caltrans for review by April 1 preceding the fiscal year for which the calculation takes effect. Caltrans must approve or reject the proposed methodology within 60 days after receiving it (PUC 6645). The Commission reviews and adopts the blended farebox ratios prepared by the operators by June 30. Once approved by the Commission, the fare ratio cannot be changed for the year. Attachment 1 details the Rules and Regulations for determining the intermediate farebox calculation. 88 Revenues to Calculate farebox Ratios Fare revenues consist of all revenues which can be classified as passenger fare revenues for transit services, special transit fares, and school bus service revenues. Such fare revenues may include revenues earned under contractual arrangements with public or private entities as well as cash donations made in lieu of a prescribed fare (PUC 6611.2). Operators may supplement fare revenues with local funds and support (PUC 6633.2(g) and 6634(a)(2)). Local funds are revenues derived from taxes imposed by the operator or by the County Transportation Commission (PUC 99268.19). Local support includes all revenues which can be classified as auxiliary transportation revenues, taxes levied directly by the transit system, local cash grants and reimbursements for general operating assistance, local special flare assistance, and subsidies from other sectors ofoperations (PUC 6611.3). Essentially, local support funds include all other revenues received to support the operations of a transit system and may include, but are not limited to, interest earnings, gains on the sale of capital assets, lease revenues generated by transit -owned property, alternative fueling services, advertising revenues, donations other than cash donations made in lieu of a prescribed fare, and Measure "A" specialized transit operating grants. QAeratitte Cost 4 dleutate Fdiebox Ratios Opertithf costs'.are defined, in stafute T u} ,- l e;defiinition is stated as:';fsill6ws'. ••C1 cra#in )aost't;mean a/i,casts rrr- classes exclusive rat the: costs in F on expense obfecf alas accounts anal records 04pp-fed' ,'and exd Usive of al senr►ces operated under ,the'jurisdiction Cct»mere,0 "Commission and of alt direr# +. ctiorter services,, andFexeliitli4 of aif r!eiiicte=te Gapiial-Relatedibinenses. Befe Caniialiiafion. thresholds �� ex�t,ense flan tItt 'stern- f r•.-tsatinfte atetiall nterstate • ,Ofiding sts Capitat-re#sited :expenses below capitali�artion ";thresho[sls" whicfa ;are funded by>capital grant funds.are an operating cost the ?L)A s#atufe does not" ;include provisions ` ta. exclude such capital -related 'expenses .from operating costs?; to cateul"ate fre .farebox recovery ratio:,, for operatrng expenses to be excluded fro►» the farebox recovesyrafio;fhe exclusior►s 89 • • should comply with ;;fhe definition °of>opbtahn 99247(a), or contarnecl'rn exemptions;. under PUS The Federal,„,Transit drruOtrafi it defines opera; COnsumable iferrr wwr€ft d ttselul life o acquisition 'cosi ►9hiclr equals the lesser of level established by ttie trar:sif operator Cap capitali atron fares efaf m�eefthis defin►frori of Operating Cost Exclusions and Exemptions AB813-Salinas - PUC 99268.17 etatin aiization s K elaw Section I - Americans with Disabilities (ADA) Act paratransit complementary service Operating cost exclusions for paratransit operations: are as follows: Operating costs greater thanthe previous year's cost, as adjusted by the Consumer Price Index (CPI), to provide complementary ADA service may be excluded for the fare box recovery ratio. This revised ADA cost exclusion does not expire as the law provides for an extension of this specific provision without any further sunset date. Section II - Consumer Price Index For purposes of determining the CPI and to ensure consistency among the Riverside County transit operators, the CPI shall be the "U.S. Department of Labor, Bureau of Labor Statistics for Los Angeles -Riverside -Orange County CA CPI for urban wage earners and clerical workers. RCTC will determine the CPI based on the most recently completed 12 months ended. 6/30 over the prior 12 months ended 6/30. Example: For FY 2007/08, CPI was determined based. on FY 2006 (June) over FY 2005 (June). Section - Extension of Service definition As used th "the section "extension of • public< transportation' services (extension of services)'"includes additions of geographical areas=or"route mites, or improvements in service frequency or hours of. service; greater than 25 percent of the route total, or the addition of new stays -of service, and for transit service ciaimants also includes the addition of a new type of service, such as van„taxi, or bus .(PUC"99268.8) 3 90 Hof an, extensiOn bi`service inckide tti r of'geograpl ►Catpreas orsrevenue trifles: enfly travels I O� �exen�e�r»i! Haile' : ;The , mile extension ox: recover meets to service t gtrertcy otbisits.of rerv►ce grea. PO,FROP f ofkfhe route _tofat, `The enftre'route cbrabe exemp ::.. fraa fare*, recovery rc#tid f or:ffi a Route "e".curreretly operates ZOjrevenue hours- per et`a}r Itrends: sernce #o G revenue;hours pday er ; ,Entire Rou#e be eic+empiirom the:farobcri' e ' ofiidio service 0,0yol t©<an e*I;ti,v route. the r►.. , cl r ie e re p ---' +� #fie fate 4t i'-!-,e c very.ratio oute "c" cu entty operates on, +eel days 't3aufe "Z vice Siff r a .; service on Rq '• '• d, k'< ute , �: Can be exemlatl the f r fibx 1`ecOye atror of en re r%eW route .fnf to ravte t..., `! e OX r OOvery rt�tix e sea- ratio empt fiat ew Route "�".,'?.z rirhtch did trit ;gist prior, commences Mire Route "0" :c`ar►=be exempt from the -fare bztz reca4,6ry of,, service itic+ �pf from tt tVew R fire Rout ions: Definition of terms; an,,taPCt, Q; covery`r ffitrnuter e be` exempt IOiens Entire new sew' service, cattrnep ie fare box recn • exmptronFofsenvtce rrreins the opergators choiceto exciude both the'Ffare'box rererinesand aperbtinc• astsof anexterfsten of sevice as..ec„, ,tl1 ..., ,, , nor �xerript!on-cif services -�=means fhe operators °choice,to trr�etuife both, the true box .revenues` bncl operating costs of art eictensiOnJOf . .service as defined rn Sect►on iif 4 91 • • • • extension:, of service exempfi the en►hai";tiscal;ye�rt arpo►fiorr of cr'tsca{ yea%„when of serv►ce rras ;lmplerr►et►ted,�plus rlie proceeiing two full t< years • The extension of serv►ce periott3shirll,nQt be less".than #wofull fiscaExyea►rs or,longerthan#hree Exarihple ;should=un operator beg►n air exteris►on :of sei ice July l of Ye41'f 1, #t►e eXernp6on°.wo017be uritdl Jufie D of "year 3. Similarly;; si�ould ar operator iieg►n an,�exfenson at servrce'Uecerrber lof y Year" 1; 'the exemption would also' be until June: 30 of "Year" 3, o0orv[ng an exerr►phon aftwo years:dndseen,months 0,014lons and exemptions policy: w < It`s the' operators.cfroice to`M:*,t '(0qo,: e} or,i©n exempt ncfude- an e xtension ofi service (as defined rn Sechon f0 ►n tfre non -urbanized (1 Duo-y urb,iriizetf42b%) or ro termethafe . (bier►ded) 'fare box ccitculat►on and system4w►tio f e►t'ormance imprdyement f'ri gramA(f'il'j on ari'anniral basis for the tnrt►al Rear of imp[etrrentaton of an extension of service and. pra, eed ng two full fiscal years during the 5;ange,f'ransit } Ion ($8TP) develapnlOnt process.:' The ,aberato(tras the chorce to.,cnniirtror. change the t designation (exemp#, non exempt) by,= Septernber 30following :"the close" of the "fiscal year based an the pr :,,. chrtk of- ft►e extension of servrce., 'The choice to eXetnpf:" : ieiude)r`or non ex =emC pt nclude),,.ai e]Ctens/on atiSeririce Can" tie #00 f7nnualfrBurin th.6 kernption periO d as def[ned-aboye. on/n664xemptr on penotl =. inc[utles an extension scal yM exem Ind - Member '30 follow►ng the ,close of -;ache fiscat"�year ,ldurdng the lion periad); the`operaforis requrre`<t#o sbbrrnsio , 0 areport#the es ;#tre following! rnforr»ation :for every extension< of service (GCf 338J; 1. Thefinatdesignatian.`.ofexempt (exclude),ar'non-exempt :(inc►ude) status: 2. A description of the extension of service": 3 Ttre:"amount of fare revenues generated bv'the extension of service and the method used to: derive: that amount 4. The amount- of the operating cost; tor the extension of service • and the method used -to allocate "costs "between the extension of service andihe claimant's other -services. 5 92 .e exe`rnptiorf Of services Should be-rettecied irr t it farebox caleulahor* t #therjctanuci'1 State Controller's Re`'ikeli as in the crnnutitfis dtxarc niphar►ce, 04A d'iiringihe`exemptran period.` Illustration: Fare Box Recovery Calculation Attachment 2 provides an illustrative example of the fare box recovery calculation for XYZ Transit, a transit operator serving Riverside County, based on the aforementioned policies. For illustration purposes, the following assumptions are included in the fare box recovery calculation: 1. Purchased transportation costs were exclusively related to the provision of.ADA services; and 2. In fiscal 2002, XYZ Transit implemented an extension of public transportation services. The cosh of such services was $200,000 in fiscal 2004. The passenger fare revenues related to this extension of services was $15,000 in fiscal 2004. 93 • • • Attachment 1 RULES AND REGULATIONS FOR DETERMINING REQUIRED FARE REVENUE TO OPERATING COST RATIOS FOR TRANSIT OPERATORS SERVING BOTH URBANIZED AND NON -URBANIZED AREAS OF RIVERSIDE COUNTY I. Based on the latest annually adopted Short Range Transit Plans for Riverside County, the Riverside County Transportation Commission with the cooperation of the transit operator will determine separately the operating cost of those transit services provided in non -urbanized areas and the operating cost of those services in urbanized areas. A) For the purpose of this calculation, the operating cost in the urbanized areas shall include the cost of fixed route lines, groups of fixed route lines, and demand responsive service operating entirely within an urbanized area. The operating cost in the non-urbanizedarea shall include the cost of fixed route lines, groups of fixed route lines, and demand responsive service operating entirely within a non -urbanized area. B) For fixed route lines operating partly within an urbanized area and partly within a non -urbanized area, the cost shall be apportioned to the urbanized area aessts and non -urbanized area costs in proportion to the route miles in the non - urbanized area and the route miles in the urbanized area. C) For general public demand response systems serving both an urbanized area and a non-wrbanized area, the cost shall be apportioned to urbanized area costs and non -urbanized area costs in proportion to the population of the urbanized area served and the population of the non -urbanized area served. D) The operator has the option to exempt an extension of service which shall occur during the initial year of service and proceeding two full fiscal years upon satisfying the reporting requirements as defined in Section IV. 94 7 II. The required ratio of fare revenues to operating cost in compliance with PUC Sections 99268.3 and 99268.4 shall be calculated as follows: R=.1 Cn+.2Cu Cn + Cu R = Required ratio Cn = Non -Exempt Costs of services in non -urbanized areas Cu = Non -Exempt Costs of services in urbanized areas III. Annually, prior to the beginning of the fiscal year, the Riverside County Transportation Commission shall calculate the required revenue to operating cost ratio for each transit operator serving both urbanized and non -urbanized areas and submit this calculation to Caltrans. Caltrans shall approve the required ratio prior to the beginning of the fiscal year and the ratio shall not be subject to change. 8 • 95 • • • XYZ Transit Example Statement of Operations For the Years Ended June 30, 2007 and 2006 Year Ended June 30 Attachment 2 Operating revenues: Passenger fares $ 100,000 $ 95,000 Advertising revenues 5,000 5,000 Total operating revenues 105,000 100,000 Operating expenses: Salaries, wages and benefits 900,000 810,000 Purchased transportation 500,000 425,000 Services 150,000 145,000 Materials and supplies 400,000 275,000 Casuahy and liability 200,000 135,000 Depreciation and amortization 350,000 340,000 Total operating expenses 2,500,000 2,130,000 Operating profit floss) (2, 395, 000) 12, 030, 000) Nonoperating revenues (expenses): Operating grants: Local Transportation Funds 1,774,000 1,434,000 Measure A specialized transit 25,000 25,000 Capital grants: - Local Transportation Funds 250,000 225,000 State Transit Assistance 50,000 25,000 Federal 100,000 80,000 Lease revenues. 75,000 - 72,000 Auxiliary revenues 125,000 115,000 Interest revenue 40,000 41,000 Interest expense (110,000) (110,000) Gain on sale of capital assets 6,000 3,000 Total nonoperating revenues (expenses) 2,335,000 1,910,000 Change in net assets $ 160,000) $ (120,000) 2007 2006 Fare box recovery calculation: Revenues: Passenger fares $ 100,000 Local funds/support: Advertising revenues 5,000 Measure A specialized transit 25,000 Lease revenues 75,000 Auxiliary revenues 125,000 Interest revenue 40,000 Gain on sale of capital assets 6,000 Less revenues related to extension of service 115,000) Total fare revenue and local funds/support $ 361,000 Expenses: Operating expenses $ 2,500,000 Less depreciation and amortization (350,0001 Less costs related to extension of service 1200,0001 Less increase in costs for provision of ADA services 158,000) Calc• I-500,000+(425,000.1.04)) Total expenses 1,892,000 Fare box recovery ratio 19.1 % 96 • • • Proposed Revision to the Fare Box Recovery Policy Riverside County. Transportation Commission Transit Policy Committee Presented on February 21, 2008 Brian Mampion, Program Manager Transportation Development Act (TDA).. • TDA provides two funding sources — Local Transportation Fund (LTF) • derived % cent of general sales tax — State Transit Assistance fund (STA) • derived from statewide tales tax on fuel • LTF and STA — major revenue source for bus and rail • operating • capital New and Increased Services Extension of Services- defined — new route — new type of service — existing route • addition of geographical areas or miles • increase service frequency or hours • additional day(s) of service 97 Purpose of Revision • Revise — Exclusion and Exemption section • allowing greater Flexibility for operators • Incorporate definitions of operating and capital costs 2 Fare Box Recovery Ratio • TDA funding eligibility — operators to maintain a ratio of fare revenues to operating costs • non -urbanized area —10% • urbanized area — 29% — intermediate (blended) ratio • services provided in both areas • calculated in proportion to revenues and costs to service each area e Existing Interpretation of TDA • An extension of service "shall be" excluded from fare box ratios — exemption period • year of implementation • two full fiscal years • Why exclusion? — TDA encourages new service — assume new service less productive — incubation period to build ridership 1 Revised Interpretation of TDA • TDA — base assumption as expressed by Ca!trans • encourage new service and productivity • help operators be successful - did not envision service that could be immediately productive • Revised interpretation — operator discretion to indude or exclude revenues/cost of new service • exemption period 7 - Operating costs — defined in statute — all costs in the operating expense object classes exclusive of: • depreciation and amortization • subsidies for commuter rail services • all costs for providing charter services • vehicle lease costs • Approve the revision of the Fare Box Policy to incorporate: — the revised definition of the Exclusions and Exemptions section — definition of Operating Costs — definition of Capital Costs 11 Revised Interpretation of TDA, cont. Operators designate status of extension of service based on performance - notify RCTC by Sept 30 following the dose of fiscal year — each year of the exemption period Maximizing operator's flexibility Definition of Terms, cont. • Capital costs -defined by the FTA to mean — useful fife of an asset of more than one year — an acquisition cost that exceeds $5,000 or the capitalization level established by the operator a 2 98 AGENDA ITEM 7L • • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Cathy Bechtel, Project Development Director Mark`Massman, Bechtel Project Manager Gustavo Quintero, Bechtel Project Coordinator THROUGH: Anne Mayer, Executive Director SUBJECT: Collection Agreement between the Riverside County Transportation Commission and USDA Forest Service, Cleveland National Forest for the Proposed Irvine -Corona Expressway Project STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement 07-65-157-01, Amendment No. 1 to Agreement No. 07-65-157-00, with the USDA Forest Service, Cleveland National Forest for the proposed Irvine -Corona Expressway, project in an amount of $150,000 for a total contract amount not to exceed $313,568; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: In 2006, the Commission executed a cooperative agreement with the Orange County Transportation Authority (OCTA) and the Foothill/Eastern Transportation Corridor Agency (F/E TCA) to develop and manage geotechnical feasibility studies for a potential transportation and utility corridor linking Riverside and Orange Counties: The purpose of the agreement is to jointly exercise the common powers of its parties as the Riverside Orange Corridor Authority (ROCA). The Commission is charged with administering the cooperative agreement and is responsible for the receipt and expenditure of federal and state funds to accomplish the geotechnical studies. This project was named in the Safe, Accoutnable, Flexible, Efficient Trnasportation Equity Act: A Legacy for Users (SAFETEA-LU) as a high priority project and received earmarks totaling $15.8 million to "study and construct highway alternatives between Orange and Riverside Counties, directed by the Riverside Orange Corridor Authority working with local government agencies, local transportation authorities, and guided by the current Major Investment Study." Agenda ►tem 7L 99 The first two years of available funding have been obligated totaling$5,426,502 and is being used to fund the geotechnical consultant, Kleinfelder, as well as --work conducted on the Commission's behalf by the U. S. Forest Service. The remaining federal funds will be obligated as additional funds are needed for the project. On January 26, 2007, the Commission submitted a Special Use Permit Application to USDA Forest Service, Cleveland National Forest to conduct supplemental geotechnical field exploration, testing services, and technical evaluations for the proposed Irvine -Corona Expressway. The Forest Service is responsible to ensure that adequate environmental studies, analysis, and documentation are completed in accordance with the National Environmental Policy Act (NEPA), before implementation of the supplemental geotechnical testing and evaluation. On June 13, 2007, the Commission approved a' collection agreement with the Forest Service to fund Forest Service staff, special use administration, overhead, and consultant time required to review the proposal and application for the project. The cost of the original collection agreement was for $163,568. During a recent project meeting with Forest Service staff, Commission staff was informed that additional funding would be necessary to provide for two Forest Service consultants (hydrologist and geologist) and a geotechnical engineer to review the ground water monitoring plan, the field exploration plan and to be able to cover for additional time during drilling operations at up to five boring locations. This early and timely interaction will help avoid costly mistakes and time delays, minimize surprises; and build mutual confidence in the project's .ability to meet Forest Service requirements. It is anticipated that the Special Use permit will be issued sometime between April 1, 2008 and May 1, 2008. The feasibility study and final,. report will be completed' approximately 12 months after, receipt of the permit. Staff recommends that the Commission approve Amendment No. 1 to Agreement No. 07-65-157-00 with the Forest Service for an additional not to exceed amount of $150,000, bringing the total contract amount to $313,568. Funding for this work is available from the federal funds identified specifically for this geotechnical work. Financial Information In Fiscal Year Budget: No Year: FY 07/08 Amount: $150,000 Source of Funds: SAFETEA-LU Budget Ad ustment: Yes GLA No.: 106,65 81501 P2310 106 65 81501 P2310 Fiscal Procedures Approved: \ a4,14,, , Date: 02/26/08 Agenda Item 7L 100 • • AGENDA ITEM 7M • • RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Aaron Hake, Program Manager THROUGH: Anne Mayer, Executive Director SUBJECT: State Legislative Update STAFF RECOMMENDATION: This item is for the Commission to receive and file the State Legislative Update. BACKGROUND INFORMATION: State Legislative Update Assemblyman Kevin Jeffries Introduces Assembly Bill 1954 on Behalf of the Commission One major component of the Commission's 2008 legislative program was set in motion on February 13 by local Assemblyman Kevin Jeffries. Assemblyman Jeffries introduced Assembly Bill 1954, which proposes to authorize a high occupancy toll (HOT) demonstration program in Riverside County. The intent of the bill is to allow the Commission to implement its plans for constructing two. HOT lanes in the median of Interstate 15 from the San Bernardino County line to State Route 74 in Lake Elsinore. The Commission is seeking to occupy one of two slots available in existing Southern California for HOT lane authority, which was created by Speaker Fabian Nunez in 2006. In order to qualify for this authority, the 1-15 HOT 'lane project must be deemed eligible under the statutes of the Speaker's pilot program by the California Transportation Commission (CTC) and subsequently ratified by the Legislature. The CTC is reviewing the Commission's application for the 1-15 project and is expected to announce the eligibility finding within the next few weeks. Following two public hearings on the project (likely in March), focus will then shift to AB 1954 as the legislative vehicle that will represent the Legislature's approval of 1-15 as one of the Southern California HOT lane projects authorized by the Speaker's 2006 bill. Agenda Item 7M 101 The Commission will continue to work closely with Assembly and Senate leadership on navigating the 1-15 project through the Legislature and fulfilling the intent of the HOT lane pilot program. The Commission also wishes to thank Assemblyman Jeffries for authoring AB 1954 and supporting the Commission's efforts to improve mobility on the 1-15 corridor. Any Commissioners traveling to Sacramento in the near future are encouraged to contact Assemblyman Jeffries, members of the Inland Empire delegation, and Assembly leadership to express the importance of moving the 1-15 project forward. Notably, the 1-15 project has already received vocal support from the Automobile' Club of Southern California (AAA) and the Corona and Riverside Chambers of Commerce. The Commission and Orange County Transportation Authority Jointly Sponsor SB 1316 (Correa) to Widen State Route 91 Continuing the strong relationship between Riverside and Orange Counties, the Commission and Orange County Transportation Authority (OCTA) are co -sponsoring SB 1316 by Senator. Lou Correa (D-Santa Ana) to authorize improvements to SR-91 on both sides of the county line. Commissioners Jeff Miller, John Tavaglione and Vice Chair Bob Magee have worked closely with OCTA Directors Curt Pringle, Bill Campbell, and Carolyn Cavecche to craft a bill that mutually benefits both counties and all commuters on this heavily congested corridor. Senator Correa's leadership and expertise from carrying AB 1010 back in 2002 when OCTA purchased the SR-91 Express Lanes will be an asset to both agencies as the bill proceeds through the Legislature. The bill makes amendments to AB 1010, which allow the Commission to develop its planned extension of the SR-91 Express Lanes while maintaining the public interest protections that were crucial in transferring the original express lane franchise out of private ownership. The bill authorizes the Commission to develop the express 'lanes extension under public ownership and operation and in compliance with all Caltrans and Federal Highway Administration standards for design, construction, inspection and operation. "Non -compete" clauses in any agreement regarding the lanes are expressly prohibited in the bill. Tollrevenues are required to be used to repay bonds issued by the Commission to finance the project; excess revenues generated by the toll facility will be required to be reinvested in improvements to the SR-91 corridor. In drafting the bill language, both agencies and the author have placed a premium on ensuring accountability and public benefit. Agenda Item 7M 102 • • Additionally, the bill allows OCTA to use excess toll revenues to construct a direct - connector from the existing SR-91 Express Lanes to the SR-241 toll road. Currently, commuters must chose between the SR-91 Express Lanes and SR-241, causing many commuters heading to and from south Orange County to endure heavy congestion in the mainline of SR-91. OCTA's proposed project would allow seamless transition between both toll facilities and further reduce congestion on the mainline of SR-91. Also, the bill extends the term of the franchise to match the 50-year length of the Commission's tolling authority. The purpose of this amendment is to allow both counties' toll roads to connect seamlessly without one half creating a horrendous bottleneck when the OCTA term reverts to general purpose lanes in 2030. Further, the extended term allows OCTA to finance the direct connector between the SR-91 Express Lanes to SR-241 and other major corridor improvements. Commission staff has been working with OCTA and 'Senator Correa to gather a broad coalition of support for the SR-91 project. SR-91 has one of the worst levels of congestion in California and one lane in each direction provided by Measure A by 2039 is simply not enough to address the challenges of that freeway. New capacity under public ownership financed by user fees is the only way to go above and beyond what is currently planned for this vital corridor. Again, Commissioners visiting. Sacramento are encouraged to solicit support among members of the Legislature and other key associations and groups for the SR-91 project. Other Transportation Bills Introduced February 22 was the deadline for all new bills to be introduced in Sacramento; most bills will not receive a hearing until mid -to -late March, and by then many of them will be substantially amended before they are considered by committees. Therefore, as the Commision staff focuses on its two toll -related bills and the Trade Corridor Improvement Fund (TCIF), staff will return in the next board cycle with a complete analysis of other transportation bills introduced by members of the Legislature. Agenda Item 7M 103 AGENDA ITEM 8 • RIVERS/DE COUNTY TRANSPORTATION COMMISSION DATE: March 12, 2008 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Theresia Trevino, Chief Financial Officer THROUGH: Anne Mayer, Executive Director SUBJECT: Proposed Policy Goals and Objectives for Fiscal Year 2008/09 Budget BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to approve the proposed Commission Policy Goals and Objectives for the FY 2008/09 Budget. BACKGROUND INFORMATION: The initial step in the budget process is to develop policy goals and objectives for the next fiscal year that are consistent with the Commission's overall strategic direction. The goals and objectives for FY 2008/09 reflect the continuation of the transition planning efforts related to the completion of the 1989 Measure A and commencement of the 2009 Measure A projects. Most importantly, the adoption of the Budget Goals and Objectives provides an opportunity to match the Commission's spending priorities in a manner that implements the promises made to the citizens of the county of Riverside in both Measure A Expenditure Plans. Using the Commission's guiding principles, staff has updated the attached Goals and Objectives for the FY 2008/09 Budget. Attachments: 1) Proposed Goals and Objectives for FY 2008/09 Budget 2) Presentation of Budget Policy Goals Agenda Item 8 104 • • • Commission Policy Goals and Objectives The following material outlines the Commissions adopted policy goals, obkctives and financial policies that serve as the framework for the work plan presented in the FY 2008/09 Budget. Promote Mobility The Commission, in cooperation with local, state, and federal agencies, will strive to create a transportation system that promotes efficient mobility both within the County and regionally. While Riverside County grapples with the challenges of a declining real estate market and an uncertain economy, the need for better mobility and transportation remains a top public policy priority that the Commission is poised to address. The 10-Year Western County Highway Delivery Plan, approved in December 2006, will become more prominent this year as environmental work moves into high gear on SR-91, 1-15 and 1-215. The Commission will also work with partners including Metrolink, CVAG, and WRCOG to deliver transit services, improve highways and arterials in the Coachella Valley, and ensure investment of TUMF dollars in Western County. In moving forward with this aggressive program of propcts and services, the Commissionwill face the challenge of lower Measure A and declining state transportation revenues along with uncertainty regarding the availability of federal dollars. The following are emphasis areas for the Commission in FY 2008/09 • Complete prokcts and programs incl uded in the 1989 Measure'A and determine use for unexpended revenues. • Aggressively implement the environmental process on key components of the 10- Year Western County Highway Delivery Plan which includes the widening of SR- 91, 1-15 &215. • Develop the toll program consistent with the 10-Year Western County Highway Delivery Plan including obtaining state and federal toll authority for select proPcts. • Seek to obtain state legislative authority to utilize the design -build method of propct delivery to advance progct delivery schedules. • Continue to work with state and federal agencies to program and construct propcts in the STIP, Proposition 1 B bond programs, the Measure A program, and other high priority propcts. • Maximize the effective application and use of Western County TUMF funds to deliver eligible Commission priority propcts. • Work closely with local Prisdictions to implement the FY 2007-2009 TUMF Regional Arterial Program and facilitate the delivery of arterial improvements in Western County. • Circulate the propct level environmental document for the Mid County Parkway and receive the Record of Decision by the end of the 2008 calendar year. 105 • Circulate the draft preact level environm ental document for the SR-79 realignment pro.act. • Evaluate the results of geotechnical field exploration, testing services, and technical evaluation for the proposed Irvine -Corona Expressway, a CETAP corridor. • Actively participate in the SR-91 Advisory Committee and Riverside Orange Corridor Authority to facilitate near and long-term improvements to SR-91;enhance intercounty public transit options and foster the development of a new corridor between the two counties. • Advocate streamlining efforts at the state and federal levels to facilitate timely prokct reviews and approvals. • Coordinate and provide public access to commuter information to foster the use of alternate modes of transportation such as ridematching for car/vanpooling, transit through the provision of a regional trip planner, and real-time traffic information for congestion avoidance. • Continue cooperation with the FTA regarding the Small Starts process to support the initiation of the Perris Valley Line commuter rail service by 2011, which has now been included for $0 million in the President§ FY 2008/09 federal budget: • Continue to develop a vision of transit service for Riverside County. Mitigate and Address the Impact of Goods Movement The Commission will work with federal, state, and local governments to facilitate the movement of goods and services to, within, and through the County, recognizing the vital role mobility plays in the economic health of the County, the State, and the nation. • Seek funding and local agency concurrence to implement the Commissionb approved, high -priority railroad grade separation priority list to mitigate the impact of increased goods movement demands on the transportation system • Remain committed to a regional approach regarding goods movement issues in order to maximize funding from state and federal sources to goods movement needs in Southem California. • Work closely with Caltrans, SANBAG, Ventura County Transportation Commission, and the Los Angeles County Metropolitan Transportation Authority to conduct an environmental Ustice analysis and community outreach to supplement the Multi - County Goods Movement Action Plan. Ensure Improved System Efficiencies The Commission will select procts and allocate funds in a manner that will improve safety and reduce congested traffic corridors. • Advocate the development and use of advanced technologies for transportation applications that are affordable and practical • Work with public and private interests to apply real-time technology to disseminate commuter information that will support the use of alternate rnodes and improve efficiency of the regional transportation system. 106 • • Assure the effectiveness of transit planning through the annual SRTP process with a goal toward promoting program efficiency and effectiveness. • Provide innovative commuter rideshare programs to reduce single occupant vehicle trips and coordinate with other regional rideshare service providers to address. intercounty commute trips. • Support the deployment of a SCAG region 511 system that will make real-time traffic information available to commuters for the purpose of tripe planning and congestion avoidance. • Work with Ca!trans and the California Highway Patrol (CHP) to continue providing a motorist aid system which includes a call box program and an FSP program including temporary services in freeway construction zones. • Continue development, in partnership with Ca!trans and SANBAG, of the Inland Empire TMC. Foster Environmental Stewardship The Commission will achieve its mobility goals while promoting environmental stewardship and protecting the areas natural resources and gality of life. • Continue working with the RCA to implement the MSHCP and to assist in the assembly of the reserve system, with a goal to utilize the MeasureA commitment to the MSHCP as much as possible prior to the beginning of the 2009 Measure A program. • Work with SCAG, the South Coast Air Quality Management District (SCAQMD), sub -regional agencies, and local fmisdictions to implement an RTP that meets regional air qality goals and conformity guidelines. • Support outreach and educational programs that promote the benefits of ridesharing, transit, rail, and availability of help through www.CommuteSmart.info, 1-800-COMMUTE, and 511. • Facilitate private/public use of clean fuels technology. • Consider and address new state mandates regarding greenhouse gas emissions as part of long-range and transportation planning. This will reqire a close working relationship with regional, local, state, and federal agencies. Support Transportation Choices through Intermodalism and Accessibility County residents will be served, where economically feasible, through the development of transportation alternatives that consider the needs of a wide range of citizens. • Work with transit providers and local social service agencies to provide specialized transit service and the Commission§ i nnovative Transportation Reimbursement and Information Progct program to meet a broad spectrum of socio-economic transit needs. • Integrate commuter assistance programs and marketing with transit in order to foster the use of alternative commuting modes. • Implement the Commission§ commuter rail SRTP and the SCRRA long-range 107 strategic plan for expansion of the commuter rail system benefiting Riverside County constituents with an emphasis on the Perris Valley Line, an extension from Riverside to Perris via Moreno Valley. • Pursue the goals and obOctives as outlined in the Public Transit -Human Services Transportation Coordination Plan for Riverside County related to a unified, comprehensive strategy for transportation service delivery focused on unmet transportation needs of elderly individuals, persons with disabilities, and individuals of low income. Prioritize Public and Agency Communications The Commission will provide timely, informative, and accurate information to encourage informed public and agency participation in the Commissions; decision -making processes. • Promote a close working relationship with news and civic entities to increase interest in and understanding of transportation and related issues. • Enhance the provision of public information through various forms of communication (e.g., website, television, Speakers Bureau, print media, radio, etc). • Maintain an ongoing effort of informing Riverside County§ Congressional and State Legislative delegations regarding County transportation issues. • Develop an effective long-range legislative strategy regarding the upcoming reauthorization of SAFETEA-LU to ensure that the federal government participates as a full partner in funding Riverside County proOcts that ar a of national and regional significance. • 108 • • • Financial and Administration Policies Budget Policies • The Commission shall budget no more than one percent (1 Yea Measure A sales tax revenue for administrative salaries and benefits. • Administrative program delivery costs will be budgeted at whatever is reasonable and necessary, but not to exceed four percent (4yoof Measure A sales tax revenues (inclusive of the one -percent salary limitation). • Amounts will be budgeted by fiscal year for multi -year proects based on best available estimates with the understanding that, to the extent actuals vary from those estimates and the proect is ongoing, adestment s will be made on an ongoing basis. • The fiscal capital budget should be consistent with the strategic plan and deviations appropriately noted, explained, and estified. • A balanced budget shall be adopted annually with operating and capital expenditures and other financing uses funded by identified revenues and other financing sources as well as available fund balances. Revenue Policies • Sales tax revenue proections will be revised semi-annually to ensure use of current and relevant data. Staff may adjust annual amounts to reflect the most current economic trends. • A strategic application of local funding sources will be used to maximize federal and state funding of prof cts. • Fiduciary responsibility regarding Western County TUMF revenues shall be exercised, and revenues will be allocated pursuant to Commission direction and the approved 2009 Measure A. Debt Management Policies • The Commission will maintain 2.0x debt ratio coverage on all senior debt. • Debt issuance will be for mapr capital projects including engineering, construction, and right of way. Operating reqirements must be from current ongoing revenues. • Costs of issuance including the standard underwriters discount will not exceed two percent (2y0 • The Commission may enter into interest rate swaps to better manage assets and liabilities and take advantage of market conditions to lower overall costs and reduce interest rate risk. • While it is the intent of the Commission to establish a cash debt reserve for long term bond issuance, surety bonds can be obtained when beneficial to the Commission. • The commercial paper program and other short-term financing vehicles will provide advance funding for proects included in t he expenditure plan of the approved 2009 109 Measure A. • The Commission will consider actions to lessen the restriction of the $00 million 2009 Measure A bonding cap, which could include the possibility of a future ballot measure to increase the cap. Auditing, Accounting, and Financial Reporting Policies • The Commission will issue a Comprehensive Annual Financial Report (CAFR) in accordance with the GASB Statement 34 financial reporting model.. • An audit is to be conducted annually on the Commission§ accounting books and records. As long as the Commission has outstanding bonds, an independent accounting firm must conduct the audit. • The Commission is responsible for ensuring that audits of Measure A and TDA funding recipients are completed and reviewed for compliance and other matters in a timely manner. • An, internal :audit risk assessment program will be maintained to identify improvements in controls and procedures as well as best practices. Capital Planning and Programming Policies • Established priorities will be reviewed annually with the Commission. Reserve Policies • The Commission will maintain program reserves in accordance with Measure A and TDA policies and guidelines. • The Commission will maintain a cash reserve at least egal to five percent (5rof annual revenues (exclusive of reimbursements and matching funds). • The Commission will establish and maintain a transit operator§ reserve of ten percent (10Nor the Coache Ila Valley and Palo Verde Valley. Additionally, a ten percent (10yreserve will be established and maintained for each of the Western County transit operators (public bus and commuter rail). Cash-Management/Investment Policies • Where possible, the Commission will encourage receipt of funds by wire transfer to its accounts. • Balances in the bank operating account will be maintained at the amount necessary to meet monthly expenditures. • Idle funds will be invested per the Commission§ est ablished investment policy emphasizing in order of priority:1) safety, 2) ligidity, and 3) yield. • Cash disbursements to local pri sdictions and vendors/consultants will be completed in an expeditious and timely manner. 110 • • Human Resources Management Policies • Commission staffing levels will be consistent with the intent of its enabling legislation, which envisioned a small, but effective staff. • Contract staff and consultants will be used to augment staff efforts as much as possible to support programs or work loads, which do not appear to be of a permanent nature. Information Technology Policies • Significant effort will be made to maintain efficient and cost-effective technology infrastructure by continuously upgrading network eqipment and software to ensure gality performance, productivity, and c onnectivity among staff, other agencies, and the public. Network security will continue to be a top priority to maintain the integrity of the Commission§ network and information. 111 Goals and Objectives • Promote Mobility • Mitigate and Address the Impact of Goods Movement • Foster Environmental Stewardship • Support Transportation Choices through Intermodalism and Accessibility • Prioritize Public and Agency Communications • Encourage Economic Development Goods Movement • Remain committed to regional approach • Work closely with other agencies regarding environmental justice analysis and MCGMAP outreach Goals and Objectives • Sets stage for budget discussion in May • Establishes strategic direction • Articulates upcoming goals. • Incorporated in approved budget • Complete the 1989 Measure A programs • Implement environmental process on key delivery plan projects • Obtain toll and design -build authority • Circulate draft SR-79 environmental document • Include ROCA participation regarding SR-91 improvements Environmental Stewardshi • Consider greenhouse gas emissions mandates 112 1 Economic Development • Section was deleted as this is not one of the Commission's primary responsibilities — Commission will continue to support economic development through interaction with local agencies Communications • Develop strategy for reauthorization of SAFETEA-LU • April 28 —B&I Committee review of executive summary for proposed budget • May 14 —Open public hearing for proposed. budget • June 11 —Commission adoption of final budget Transportation Choices • Promote TRIP program • Pursue goals and objectives of Public Transit -Human Services Transportation Coordination Plan Minor changes to indicate new stage of implementation related to programs and projects Revised target dates for certain project activities Included use of other short-term financing vehicles for 2009 Measure A projects as part of debt management policies 113 AGENDA ITEM 9 ORAL REPORT Status Report: Trade Corridors Improvement Fund Southern California Consensus Group • Represent 18 million residents • to area Ports and the Inland Empire generate over 718,000 California jobs • Handle 85% of Containerized Cargo processed in the State • Value of Freight: $313 Billion (2006) • 1,200 premature deaths per year Metro e•METRQI1NK 1tL1►. -. o' ore V Hueneme 11111 • November 2006, voters passed Proposition 1B: —$19.9B transportation bond initiative — $2B targeted for goods movement • $26 pot "grew" to as much as $36 through the use of SHOPP dollars and unspecified additional funding e.g. Congressional funding or container fees x CTC Staff Recommendation,l,ji,'. N .�;,,,.•.�.�,��,q .x...,, . •, Southern California Consensus Request • Tier 1 TCIF Funding Request: $1.7146 • CTC Funding Recommendation: $1.648B ➢96% of funding requested Colton Croesing Project has, not been'piaced in'the Southern California. funding category. Project • has, been•divertediintoa miscellaneous category `� t 1 Riverside County Projects • Tier 1 TCIF Funding Request: $169.0M • CTC Funding Recommendation: $162.7M • 12 Grade Separations • March Inland Cargo Port Airport — I-215 Van Buren Ground Access Improvement Project ➢ All Tier 1 Projects received full funding with the exception of one grade separation (funding reduced by $6.29M) • CTC preliminary recommendation (March 12, 2008) • CTC adopts final TCIF Program of Projects (April 10, 2006) • Budget appropriation and allocation through Legislative process • Agreements: CTC/Sponsoring Agencies (June/eady July) ➢ Critical to Success: Project Delivery CTC Funding Recommendation Sponsoring Adencv City of Banning City of Corona City of Riverside Pm ¢c[ TGIF Reouest Sunset Avenue $10.0 Auto Center Drive $16.0 3i°Street $17.5 Columbia Avenue $ 6.0 Iowa Avenue $13.0 Magnolia Avenue (UP) $20.0 Riverside Avenue $ 8.5 Streeter Avenue $155 County of Riverside Avenue 56 $10,0 Avenue fib $10.0 Cla)r Street $12.5 Magnolio7A.T i0g,O1SF,)y1170?7 March Inland Cargo $10.0 Airport— I-215 Van Buren Ground Access Improvement CTC Funding Recommendation: $161.7M 2