HomeMy Public PortalAbout06 June 27, 2011 Western Riverside County Programs and Projects91122
RECORDS
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
MEETING AGENDA
TIME: 1:30 p.m.
DATE: Monday, June 27, 2011
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside
9- COMMITTEE MEMBERS
Darcy Kuenzi, Chair / Wallace Edgerton, City of Menifee
Adam Rush, Vice Chair / Ike Bootsma, City of Eastvale
Bob Botts / Don Robinson, City of Banning
Karen Spiegel / Steve Nolan, City of Corona
Marcelo Co / Richard Stewart, City of Moreno Valley
Berwin Hanna / Kathy Azevedo, City of Norco
Daryl Busch / Al Landers, City of Perris
Scott Miller / Andrew Kotyuk, City of San Jacinto
Ben Benoit / Timothy Walker, City of Wildomar
Bob Buster, County of Riverside, District I
Marion Ashley, County of Riverside, District V
W.. STAFF -V
Anne Mayer, Executive Director
John Standiford, Deputy Executive Director
109., AREAS OF RESPONSIBILITY ..‘a
Air Quality, Capital Projects,
Communications and Outreach Programs,
Intermodal Programs,
Motorist Services, New Corridors,
Regional Agencies/Regional Planning,
Regional Transportation Improvement Program (RTIP),
Specific Transit Projects,
State Transportation Improvement Program (STIP),
Transportation Uniform Mitigation Fee (TUMF) Program, and
Provide Policy Direction on Transportation Programs and Projects
related to Western Riverside County and other
areas as may be prescribed by the Commission.
Comments are welcomed by the Committee. If you wish to provide comments to the Committee,
please complete and submit a Speaker Card to the Clerk of the Board.
11.36.54
Alexandra Rackerby
From: Alexandra Rackerby
Sent: Wednesday, June 22, 2011 8:54 AM
To: Alexandra Rackerby
Subject: RCTC Western Riverside County Programs and Projects Committee- !Pad Compatible Users
Attachments: Conflict of Interest Form.pdf; Conflict of Interest Memo.pdf
Importance: High
Good Morning Commissioners,
The Western Riverside County Programs and Projects Committee agenda for Monday, June 27, 2011 is
posted on our Website at http://www.rctc.org/downloads/WRC/ipad wrc.pdf Also, attached is the
Conflict of Interest Memo and Form for your information. Let me know if you have any questions or
concerns.
Thank you.
Respectfully,
Allie Rackerby
Riverside County Transportation Commission
(951) 787-7141
i
Riverside County Transportation Commission
TO: Riverside County Transportation Commission
FROM: Jennifer Harmon, Office and Board Services Manager
DATE: June 22, 2011
SUBJECT: Possible Conflicts of Interest Issues - Western Riverside County
Programs and Projects Committee Agenda of June 27, 2011
The June 27, 2011 agenda of the Western Riverside County Programs and Projects
Committee includes items which may raise possible conflicts of interest. A RCTC
member may not participate in any discussion or action concerning a contract or
amendment if a campaign contribution of more than $250 is received in the past
12 months or 3 months following the conclusion from any entity or individual
listed.
Agenda Item No. 7 - Amendment to Agreement with Callan Management Company
dba Western Area Security Services
Consultant(s): Western Area Security Service (WASS)
2919 W. Burbank Boulevard, Suite C
Burbank, CA 91505
Michael Butler, President
Agenda Item No. 8 - Agreement with Vendsight, Inc. to Provide a Station
Advertising Revenue Program
Consultant(s): Vendsight, Inc.
8021 Wing Ave.
El Cajon, CA 92020
Michael Barnhill, President
Agenda Item No. 12 - Amendments to Freeway Service Patrol Agreements
Consultant(s): Pepe's Towing
2000 W. Key Street
Colton, CA 92324
Jose Acosta, Owner
Tri City Towing, Inc.
1661 W. Walnut St.
San Bernardino, CA 92410
Clay Wooster, President
RCTC Conflict of Interest Form
Purpose: This form is provided to assist
members of the RCTC Commissioners in meeting requirements of
87105 in documenting conflict of interests as related to RCTC
RCTC Commissioners may be required to disclose and
in, influencing, or voting on an agenda item due to personal
business positions, or receipt of campaign contributions. If
state the following information, for entry into the public
agenda item(s) and turn in the completed form to the Clerk
Government Code Section 84308 and
Commission/Committee agenda items.
Instructions: Under certain circumstances,
disqualify themselves from participating
income, real property interests, investments,
applicable, Commissioners must personally
record, prior to consideration of the involved
of the Board prior to leaving the meeting.
I. Board Member Information
Board Member Name
City/County Name
Meeting Date
II. Campaign Contributions (For contracts, permits and other entitlements only)
1. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
2. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
3. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
4. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
of over $250 from ,
(Identify the name of the company and/or Individual)
on Agenda item , Subject:
of over $250 from ,
(Identify the name of the company and/or Individual)
on Agenda item , Subject:
of over $250 from ,
(Identify the name of the company and/or Individual)
on Agenda item , Subject:
of over $250 from ,
(identify the name of the company and/or Individual)
on Agenda item , Subject:
III. Financial Interest
1. I have a financial interest of , from/in
(State income,
and therefore I am abstaining from participation
2. I have a financial interest of
real property interest. investment or business position) (Identity name of company or property location)
on Agenda Item , Subject:
, from/in
(State income,
and therefore I am abstaining from participation
real property interest. investment or business position) (Identify name of company or property location)
on Agenda Item , Subject:
IV. Signature
Board Member Signature: Date:
Please remember you must state the information into the public record prior to consideration of the involved agenda itemis) and
turn in the completed form to the Clerk of the Board prior to leaving the meeting. Please use reverse side of form to include any
additional information
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
www. rctc. org
AGENDA*
*Actions may be taken on any item listed on the agenda
1:30 p.m.
Monday, June 27, 2011
BOARD ROOM
County Administrative Center
4080 Lemon Street, First Floor
Riverside, California
In compliance with the Brown Act and Government Code Section 54957.5, agenda materials
distributed 72 hours prior to the meeting, which are public records relating to open session
agenda items, will be available for inspection by members of the public prior to the meeting at
the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the
Commission's website, www. rctc. orq.
In compliance with the Americans with Disabilities Act and Government Code Section
54954.2, if you need special assistance to participate in a Committee meeting, please contact
the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting
time will assist staff in assuring that reasonable arrangements can be made to provide
accessibility at the meeting.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3)
continuous minutes or less. The Committee may, either at the direction of the
Chair or by majority vote of the Committee, waive this three minute time
limitation. Depending on the number of items on the Agenda and the number of
speakers, the Chair may, at his/her discretion, reduce the time of each speaker
to two (2) continuous minutes. Also, the Committee may terminate public
comments if such comments become repetitious. In addition, the maximum time
for public comment for any individual item or topic is thirty (30) minutes.
Speakers may not yield their time to others without the consent of the Chair.
Any written documents to be distributed or presented to the Committee shall be
submitted to the Clerk of the Board. This policy applies to Public Comments and
comments on Agenda Items.
Western Riverside County Programs and Projects Committee
June 27, 2011
Page 3
8.
AGREEMENT WITH VENDSIGHT, INC. TO PROVIDE A STATION ADVERTISING
REVENUE PROGRAM
Overview
This item is for the Committee to:
Page 6
1) Award Agreement No. 11-24-029-00 to Vendsight, Inc. to provide
services associated with the development, management, and maintenance
of a station advertising revenue program for a five-year term, and one
five-year option to extend the agreement, in an amount not to exceed
$100,000;
2) Authorize the Chair, pursuant to legal counsel review, to execute the
agreement, including the option term, on behalf of the Commission; and
3) Forward to the Commission for final action.
9. PROPOSITION 1 B PUBLIC TRANSPORTATION MODERNIZATION,
IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT SUPPORTING
RESOLUTION FOR THE COMMISSION'S COMMUTER RAIL PROGRAM
Page 36
Overview
This item is for the Committee to:
1) Adopt Resolution No. 11-012, "Resolution of the Riverside County
Transportation Commission Authorizing the Execution of the Certifications
and Assurances for the Public Transportation Modernization,
Improvement, and Service Enhancement Account Bond Program"; and
2) Forward to the Commission for final action.
10. FISCAL YEAR 2011/12 MEASURE A COMMUTER ASSISTANCE BUSPOOL
SUBSIDY FUNDING CONTINUATION REQUESTS
Overview
This item is for the Committee to:
1) Authorize payment of $1,645/month
the period July 1, 201 1 to June 30,
Loma, and Riverside buspools;
2) Require subsidy recipients to m
Page 40
maximum subsidy per buspool for
2012 to the existing Corona, Mira
eet monthly buspool reporting
requirements as supporting documentation to receive payments; and
3) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
June 27, 2011
Page 4
11. FISCAL YEAR 2011/12 AGREEMENTS FOR REGIONAL RIDESHARE SERVICES
Page 46
Overview
This item is for the Committee to:
1) Approve Agreement No. 1 1-41-140-00 with the San Bernardino
Associated Governments (SANBAG) as part of the Commission's
continuing bi-county partnership with SANBAG to deliver
commuter/employer rideshare services, regional ridematching services,
and operation of an Inland Empire 511 (1E511) system for FY 2011/12;
2) Approve Agreement No. 10-41-029-02, Amendment No. 2 to
Agreement No. 10-41-029-00, with SANBAG to clarify the reimbursement
relationship regarding the FY 2010/2011 rideshare/IE511 agreement;
3► Approve the following agreements for regional ridematching services:
• Agreement No. 09-41-075-02, Amendment No. 2 to Agreement
No. 09-41-075-00, with the Los Angeles County Metropolitan
Transportation Authority (Metro);
• Agreement No. 11-41-139-00 with the Orange County
Transportation Authority (OCTA); and
• Agreement No. 06-41-082-06, Amendment No. 6 to Agreement
No. 06-41-082-00, with the Ventura County Transportation
Commission (VCTC) for regional ridematching services;
4) Authorize the Chair, pursuant to legal counsel review, to execute the
agreements on behalf of the Commission; and
5) Forward to the Commission for final action.
12. AMENDMENTS TO FREEWAY SERVICE PATROL AGREEMENTS
Overview
This item is for the Committee to:
Page 63
1) Approve Amendment No. 07-45-134-03, Amendment No. 3 to
Agreement No. 07-45-134-00, with Pepe's Towing to provide freeway
service patrol (FSP) services on Beat No. 4 in the amount of $180,000;
2) Approve Amendment No. 06-45-046-04, Amendment No. 4 to
Agreement No. 06-45-046-00, with Tri-City Towing to provide FSP
services for Beat No. 8 in the amount of $100,000 and to increase the
term of the agreement through December 31, 2011;
2) Authorize the Chair, pursuant to legal counsel review, to execute the
agreements on behalf of the Commission; and
3) Forward to the Commission for final action.
Western Riverside County Programs and Projects Committee
June 27, 2011
Page 5
13. COMMISSIONERS / STAFF REPORT
Overview
This item provides the opportunity for the Commissioners and staff to report on
attended and upcoming meeting/conferences and issues related to Commission
activities.
14. ADJOURNMENT AND NEXT MEETING
The next Western Riverside County Programs and Projects Committee meeting is
scheduled to be held at 1:30 p.m., Monday, July 25, 2011, Board Chambers,
First Floor, County Administrative Center, 4080 Lemon Street, Riverside.
RCTC Conflict of Interest Form
Purpose: This form is provided to assist
members of the RCTC Commissioners in meeting requirements of
87105 in documenting conflict of interests as related to RCTC
RCTC Commissioners may be required to disclose and
in, influencing, or voting on an agenda item due to personal
business positions, or receipt of campaign contributions. If
state the following information, for entry into the public
agenda item(s) and turn in the completed form to the Clerk
Government Code Section 84308 and
Commission/Committee agenda items.
Instructions: Under certain circumstances,
disqualify themselves from participating
income, real property interests, investments,
applicable, Commissioners must personally
record, prior to consideration of the involved
of the Board prior to leaving the meeting.
I. Board Member Information
Board Member Name
City/County Name
Meeting Date
/\A-Atlud. A J'1+- 1
/_k.v-�rtrt_- c0civr-`I
G -2-9 -1 [
II. Campaign Contributions (For contracts, permits and other entitlements only)
1. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
2. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
3. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
4. I have a disqualifying campaign contribution
and therefore I am abstaining from participation
of over $250 from c ' E ` j UG.JJ (A'C
(Identify the name of the company and/or Individua
on Agenda item /2 Subject: Prl'-�'''A't'�1/4": /. �'.
rit.r--ez-✓A7 4-'C_�rcc�
of over $250 from ✓011'` ,— it-Gti���`r"V,
(Identify the name of the company and/or Individual)
on Agenda item , Subject:
of over $250 from
(Identify the name of the company and/or Individual)
on Agenda item , Subject:
of over $250 from ,
(Identify the name of the company and/or Individual)
on Agenda item , Subject:
III. Financial Interest
1. I have a financial interest of , from/in
(State income,
and therefore I am abstaining from participation
2. I have a financial interest of
real property interest, investment or business position) (Identify name of company or property location)
on Agenda Item , Subject:
, from/in
(State income,
and therefore I am abstaining from participation
real property interest, investment or business position) (Identity name of company or propeny location)
on Agenda Item , Subject:
IV. Signature
Board Member Signature: /4/jilG7x_Q-17 �� Date: t6- 7 -II
Please remember you must state the information into the public record prior to consideration of the involved agenda item(s) and
turn in the completed form to the Clerk of the Board prior to leaving the meeting. Please use reverse side of form to include any
additional information
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS
COMMITTEE
ROLL CALL
June 27, 2011
Present Absent
County of Riverside, District I - ,a 71
County of Riverside, District V 21"" 0
City of Banning CI 0
City of Corona ,21 O
City of Eastvale ,0 0
City of Menifee ,r O
City of Moreno Valley 2t` 0
City of Norco ja" 0
City of Perris 1 0
City of San Jacinto 2r 0
City of Wildomar 7 0
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS SIGN -IN SHEET
JUNE 27, 2011
NAME
E MAIL ADDRESS
n
L/' CMg0 efl
VA/GENCYe
jeffeelt›
%%/ ,lf°ef/t%
117tl0/414(
-V-wp��
e Q,, -, v %474.7%, ,v P4--
/%�c e-.0
`,`zl y .Z1 t-, r-7
i7/6‘,,,��.
�� 1�
_A-k,-, ,zC,11iI
Gk4-e�: 1-4-,
YZkv��c�r coc_L,r
,/l/Lx.
e,s
rave,,,,
AGENDA ITEM 5
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, April 25, 2011
MINUTES
1. CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects
Committee was called to order by Chair Darcy Kuenzi at 1:32 p.m.,
in the Board Room at the County of Riverside Administrative Center,
4080 Lemon Street, First Floor, Riverside, California, 92501.
2. PLEDGE OF ALLEGIANCE
At this time, Commissioner Andrew Kotyuk led the Western Riverside
County Programs and Projects Committee in a flag salute.
3. ROLL CALL
Members/Alternates Present Members Absent
Marion Ashley
Ben Benoit
Bob Botts
Daryl Busch
Bob Buster
Marcelo Co
Berwin Hanna
Andrew Kotyuk
Darcy Kuenzi
Adam Rush
Karen Spiegel
4. PUBLIC COMMENTS
None
There were no requests to speak from the public.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2011
Page 2
5. APPROVAL OF MINUTES — MARCH 28, 2011
M/S/C (Hanna/Buster) to approve the minutes of March 28, 2011, as
submitted.
Abstain: Benoit
6. ADDITIONS/REVISIONS
There were no additions or revisions to this agenda.
7. TRANSPORTATION UNIFORM MITIGATION FEE REGIONAL ARTERIAL
PROGRAM UPDATE
Shirley Medina, Programming and Planning Manager, provided a brief
summary and status report on the Transportation Uniform Mitigation Fee
regional arterial program.
In response to Commissioner Adam Rush's request for clarification on the
$215,000 allocated for developer reimbursement, Shirley Medina clarified
the funds will rollover to the next fiscal year if not expended.
At Commissioner Karen Spiegel's request regarding the Green River Road
and Foothill Parkway projects, Shirley Medina stated these are two different
projects, noting the Green River Road project is scheduled for construction in
FY 201 1 /12.
M/S/C to:
1) Receive and file a report on the Transportation Uniform
Mitigation Fee (TUMF) Regional Arterial program; and
2) Forward to the Commission for final action.
8. AGREEMENT WITH CALTRANS FOR IMPROVEMENTS TO STATE ROUTE
91 IN THE EASTBOUND DIRECTION, THE STATE ROUTES 71/91
INTERCHANGE, AND THE EASTBOUND GREEN RIVER ROAD ON -RAMP
Khalid Bazmi, Toll Project Manager, presented an overview of the scope of
the agreement with Ca!trans for improvements to State Route 91 in the
eastbound direction, 71 /91 interchange, and the eastbound Green River
Road on -ramp.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2011
Page 3
M/S/C (Rush/Hanna) to:
1) Approve Agreement No. 08-31-033-01 (Caltrans No. 8-
1380/1), Amendment No. 1 to Agreement No. 08-31-033-00,
with Caltrans for the State Routes 71 /91 interchange project for
the amount of $ 7,833,000;
2) Authorize the Chair, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
9. COST PARTICIPATION AGREEMENT WITH ORANGE COUNTY FLOOD
CONTROL DISTRICT AND RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT FOR THE STATE ROUTE 91 CORRIDOR
IMPROVEMENT PROJECT
Khalid Bazmi presented a brief overview of the cost participation agreement
with Orange County Flood Control District and Riverside County Flood
Control and Water Conservation District for the State Route 91 Corridor
Improvement Project.
M/SIC (Kotyuk/Benoit) to:
1) Approve Agreement No. 11-31-090-00 with Orange County
Flood Control District (OCFCD) and Riverside County Flood
Control and Water Conservation District (RCFC & WCD), to
participate in costs of utility relocations and associated work to
be performed in conjunction with the U.S. Army Corps of
Engineers (USACE) Reach 9 Phase 2B (R9Ph2B) bank protection
project in advance of the State Route 91 Corridor Improvement
Project (SR-91 CIP) for $1,663,433, plus a contingency amount
of $436,567 not to exceed $2.1 million;
2) Authorize the Chair, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission;
3) Authorize the Executive Director to approve contingency work
as may be required for the project; and
4) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2011
Page 4
10. AMENDMENT TO TRANSPORTATION UNIFORM MITIGATION FEE
REGIONAL ARTERIAL AGREEMENT FOR THE RAILROAD CANYON AT
INTERSTATE 15 INTERCHANGE PROJECT IN THE CITY OF LAKE ELSINORE
Patti Castillo, Capital Projects Manager, presented an overview of the terms
of the amendment to the transportation uniform mitigation fee regional
arterial agreement for the Railroad Canyon at Interstate 15 interchange
project in the city of Lake Elsinore.
Ken Seumalo, Director of Public Works for the city of Lake Elsinore,
expressed support for this project.
M/S/C (Ashley/Spiegel) to:
1) Approve Agreement No. 10-72-016-01, Amendment No. 1 to
the Transportation Uniform Mitigation Fee (TUMF) Regional
Arterial Improvements Agreement No. 10-72-016-00, for the
Railroad Canyon/ Interstate 15 interchange with the city of Lake
Elsinore (Lake Elsinore) in order to authorize staff to complete
the project approval and environmental document (PA&ED)
phase with the remaining $52,000 of the $1 million TUMF
funds allocated to this phase and to increase the PA&ED phase
funding amount by $206,000 to $1,206,000;
2) Approve Assignment and Assumption Agreement No. 11-31-
107-00 with the city of Lake Elsinore to facilitate the
assignment of the Lake Elsinore agreement (No. 1877) with SC
Engineering to continue and complete the PA&ED services
associated with the I-15/Railroad Canyon interchange project in
an amount not to exceed $192,000, with a contingency of
$32,000, for a total not to exceed amount of $224,000;
3) Approve Agreement No 11-31-107-01, Amendment No. 1 to
Agreement No. 11-31-107-00, to facilitate changes to the Lake
Elsinore agreement that are necessary to ensure that the
language included therein is consistent with the Commission's
standard professional services agreements;
4) Authorize the Chair, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission;
5) Authorize the Executive Director, pursuant to legal counsel
review, to execute agreements with Ca!trans to reflect non -
funding changes related to the project on the behalf of the
Commission; and
6) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2011
Page 5
11. PROPOSED METROLINK BUDGET FOR FISCAL YEAR 2011/12
Sheldon Peterson, Rail Manager, presented an overview of the proposed
Metrolink budget for fiscal year 2011 /12.
In response to Commissioner Kotyuk question regarding the correlation
between ridership, unemployment, and fuel prices, Sheldon Peterson stated
Metrolink's research director has found that fuel prices have not shown a
direct impact on ridership until fuel prices exceed $4.50 per gallon. A direct
correlation between unemployment and ridership has not been determined.
Commissioner Kotyuk then asked for Metrolink's rationale for converting
previously contract positions into in-house.
Sheldon Peterson stated John Fenton, Metrolink CEO, believes that it can
lower costs by bringing specific positions in-house based on a cost -saving
analysis.
Commissioner Marion Ashley expressed concern regarding Metrolink's
estimated 8% revenue increase and asked how it was determined.
Additionally, he asked how Metrolink justified a 4% merit increase in this
economic environment.
Anne Mayer noted that for the concerns expressed in the staff report, this
action only seeks approval for the budget amount presented by Metrolink
and does not include contingencies. Staff will actively seek regular updates
from Metrolink.
Commissioner Bob Botts expressed serious concern regarding the increased
costs, specifically the 4% merit increase and increase in positions.
In response to Commissioner Buster's question regarding farebox recovery and
station costs, Sheldon Peterson stated farebox recovery does not include
station costs. The Commission provides a subsidy for maintaining the
stations.
Anne Mayer clarified that in addition to the cost of Metrolink service, the
Commission also pays for the station maintenance costs for its commuter rail
stations, which will significantly increase with the additional of the Perris
Valley Line service.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2011
Page 6
In response to Commissioner Rush's concerns regarding bringing positions
in-house and the audit findings, Anne Mayer discussed the audit findings and
stated the goal of bringing certain positions in-house will allow Metrolink to
properly control the financial aspects of the agency as well as address safety
issues.
Commissioner Spiegel stated that she addressed the concerns outlined by
staff at a Metrolink meeting.
Commissioner Botts reiterated his concern regarding the 4% merit increase
and recommended directing staff to present the Commission's deep concern
regarding this increase and the newly created in-house positions.
Commissioner Busch assured the Committee that between the Commissioners
assigned to Metrolink, the CEO group, and staff representation on Metrolink's
Technical Advisory Committee, the Commission's concerns have been
expressed.
M/S/C (Botts/Ashley) to:
1) Adopt the preliminary FY 2011 /12 Metrolink operating and
capital budget;
2) Allocate the Commission's funding commitment to the Southern
California Regional Rail Authority (SCRRA) in an amount not to
exceed of $7,149,700 in Local Transportation Fund (LTF) funds
for train operations and maintenance of way, and $1,255,536
for capital projects to be funded by Federal Transit
Administration (FTA) Section 5307 funds;
3) Direct staff to present the Commission's deep concern over the
4% performance increase and the newly created in-house
positions; and
4) Forward to the Commission for final action.
No: Eastvale
12. AGREEMENT WITH AMTECH ELEVATOR SERVICES TO PROVIDE
ELEVATOR MAINTENANCE, INSPECTION, AND REPAIR SERVICES FOR
COMMISSION -OWNED COMMUTER RAIL STATIONS
Greg Moore, Procurement and Assets Manager, presented a brief overview
of the terms of the agreement with Amtech Elevator Services to provide
elevator maintenance, inspection, and repair services for Commission -owned
commuter rail stations.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2011
Page 7
M/S/C (Rush/Busch) to:
1) Award Agreement No. 11-24-054-00 to Amtech Elevator
Services (Amtech) to perform elevator maintenance, inspection,
and repair services at the Commission -owned commuter rail
stations for a three-year term, and two one-year options to
extend the agreement, for an amount not to exceed $110,362;
2) Authorize the Chair, pursuant to legal counsel review, to
execute the agreement, including option years, on behalf of the
Commission; and
3) Forward to the Commission for final action.
13. AGREEMENT FOR THE OPERATION OF THE FREEWAY SERVICE PATROL
PROGRAM IN RIVERSIDE COUNTY
Brian Cunanan, Commuter Assistance Manager, presented an overview of
the scope of the agreement for the operation of the freeway service patrol
program in Riverside County.
In response to Commissioner Rush's question regarding Freeway Service
Patrol (FSP) response times, Brian Cunanan stated the tow trucks are roving
and usually happen upon the incident prior to a call being placed. If a call is
received, the average response time is five minutes.
In response to Commissioner Buster's concern regarding adequate flexibility
of the program to address construction or unanticipated events,
Brian Cunanan responded that while there is flexibility in the program to
address such needs, a reimbursable contract is typically entered into with
the agency in need of FSP services for a project.
M/S/C (Buster/Rush) to:
1) Approve Agreement No. 11-45-105-00 with the California
Department of Transportation (Ca!trans) for the operation of the
Riverside County Freeway Service Patrol (FSP) program in the
amount of $1,577,721 in state funding for FY 2010/11;
2) Authorize the Chair, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
April 25, 2011
Page 8
14. AWARDS FOR FREEWAY SERVICE PATROL TOW TRUCK SERVICE
Brian Cunanan presents a brief overview of the terms of the awards for FSP
tow truck service for Beat Nos. 2 and 25.
In response to Commissioner Kotyuk's question regarding the fluctuation of
fuel prices, Brian Cunanan stated fuel prices are incorporated into the
agreements at a set cost.
M/S/C (Kotyuk/Spiegel) to:
1) Award Agreement No. 11-45-053-00 to Tri-City Towing Service
for tow truck services on Beat No. 2 of the Freeway Service
Patrol (FSP) program for a total contract amount not to exceed
$950,000;
2) Award Agreement No. 11-45-060-00 to Roy & Dot's Towing
for tow truck services on Beat No. 25 of the FSP program for a
total contract amount that is not to exceed $1,425,000;
3) Authorize the Chair, pursuant to legal counsel review, to
execute the three-year agreement, and two one-year options to
extend the agreement, on behalf of the Commission; and
4) Forward to the Commission for final action.
15. LIST OF PRE -QUALIFIED FIRMS AND AGREEMENTS FOR ON -CALL GOODS
MOVEMENT CONSULTANT SERVICES
Greg Moore presented a brief overview of the details of the list of pre -qualified
firms and agreements for on -call goods movement consultant services.
M/S/C (Rush/Hanna) to:
1) Award the following agreements to provide on -call goods
movement support services for a three-year term, and two one-
year options to extend the agreements, for up to a five-year
period of performance, in an amount not to exceed an
aggregate value of $1,250,000;
a) Agreement No. 11-67-101-00 with Cambridge
Systematics;
b) Agreement No. 11-67-098-00 with InfraConsult;
c) Agreement No. 11-67-099-00 with Iteris; and
d) Agreement No. 11-67-100-00 with MIG, Inc.
2) Authorize the Executive Director to execute task orders
awarded to contractors under the terms of the agreements;
RCTC WRC Programs and Projects Committee Minutes
April 25, 2011
Page 9
3) Authorize the Chair, pursuant to legal counsel review, to
execute the agreements, including option years, on behalf of the
Commission; and
4) Forward to the Commission for final action.
16. COMMISSIONERS / STAFF REPORT
16A. Commissioner Spiegel announced a public meeting regarding the
California legislative redistricting will be held at the Norco City Hall on
May 5 from 6:00 - 9:00 p.m.
16B. Anne Mayer provided a brief update on the Transportation
Infrastructure Finance and Innovation Act loan and supporting
Assembly Joint Resolution 4 (Miller).
17. ADJOURNMENT
There being no further business for consideration by the Western Riverside
County Programs and Projects Committee, the meeting was adjourned at
2:45 p.m. The next meeting of the Western Riverside County Programs and
Projects Committee is scheduled for May 23, 2011 at 1 :30 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE
Monday, May 23, 2011
MINUTES
1. CALL TO ORDER
The meeting of the Western Riverside County Programs and Projects
Committee was called to order by Chair Darcy Kuenzi at 1:31 p.m.,
in the Board Room at the County of Riverside Administrative Center,
4080 Lemon Street, First Floor, Riverside, California, 92501.
2. PLEDGE OF ALLEGIANCE
At this time, Commissioner Adam Rush led the Western Riverside County
Programs and Projects Committee in a flag salute.
3. ROLL CALL
Members/Alternates Present Members Absent
Marion Ashley Scott Miller
Ben Benoit
Bob Botts
Daryl Busch
Bob Buster
Marcelo Co
Berwin Hanna
Darcy Kuenzi
Adam Rush
Karen Spiegel
4. PUBLIC COMMENTS
There were no requests to speak from the public.
5. APPROVAL OF MINUTES - The minutes for the April 25 meeting will be
presented at the Committee's next meeting.
RCTC WRC Programs and Projects Committee Minutes
May 23, 2011
Page 2
6. ADDITIONS/REVISIONS
Chair Kuenzi noted there are revisions to Agenda Item 8, "Allocation of
Funds to Interstate 215/Van Buren Boulevard Interchange Project", and
Agenda Item 9, "Auto Center Drive Grade Separation Project".
7. AGREEMENTS FOR ON -CALL CONSTRUCTION COORDINATION PUBLIC
OUTREACH SERVICES
Eliza Echevarria, Community Relations Manager, presented an overview of
the procurement process and the scope of services for on -call construction
coordination public outreach services.
At the request of Commissioner Bob Botts, Eliza Echevarria explained that by
rotating between two qualified firms, the Commission ensures there is
always a firm available in a timely manner to provide services. Each firm will
be used as needed and the agreements reflect that payment will only be
made when a service is presented.
Anne Mayer, Executive Director, added that having both firms will allow the
Commission more flexibility. There is not an increased cost because each
firm will be paid at a predetermined hourly rate through the use of a task
order.
In response to Commissioner Adam Rush's question regarding the
FY 2010/11 budget allocation in the amount of $25,000 for these services,
Eliza Echevarria explained $5,000 will be utilized for the 60/215 East
Junction project, while $20,000 is allocated for the SR-91 HOV project,
which has been delayed due to the California Transportation Commission's
deferral of its funding allocation.
Commissioner Bob Buster discussed the importance of retaining experienced
firms for these services and expressed his support for the staff
recommendation.
At Commissioner Karen Spiegel's request, Eliza Echevarria explained the
process to determine which agency is assigned to a specific task.
RCTC WRC Programs and Projects Committee Minutes
May 23, 2011
Page 3
M/S/C (Busch/Spiegel) to:
1) Award the following agreements to provide on -call construction
support services for a three-year term, and two single -year
options to extend the agreements, in an amount not to exceed
an aggregate value of $445,000:
a) Agreement No. 11-31-128-00 to Green Com, Inc; and
b) Agreement No. 10-31-129-00 to Westbound
Communications;
2) Authorize the Chair, pursuant to legal counsel review, to
execute the agreements, including option years, on behalf of the
Commission;
3) Authorize the Executive Director to execute task orders
awarded to these consultants under the terms of the
agreements; and
4) Forward to the Commission for final action.
8. ALLOCATION OF FUNDS TO INTERSTATE 215/VAN BUREN BOULEVARD
INTERCHANGE PROJECT
Anne Mayer noted the revisions to Agenda Items 8 and 9 do not change the
intent of the item, only the funding sources.
Tanya Love, Goods Movement Manager, presented an overview of the
allocation of funds to Interstate 215/Van Buren Boulevard interchange
project.
Commissioner Buster discussed the importance of this project and
expressed his support.
At Commissioner Botts' request, Tanya Love provided clarification on the
funding sources and which funds will be reimbursed.
M/S/C (Buster/Ashley) to:
1) Allocate $7,589,337 in STP federal funds from unallocated
grade separation funding, and reprogram $2,410,663 in STP
project savings from the I-10/Date Palm Drive interchange to
the county of Riverside (County) to complete a funding shortfall
for the I-215/Van Buren Boulevard interchange project;
2) Replace unobligated STP grade separation funding with federal
Congestion Mitigation and Air Quality (CMAQ) funds;
RCTC WRC Programs and Projects Committee Minutes
May 23, 2011
Page 4
3) Reallocate $10 million in Measure A Economic Development
funds from the Jurupa Road grade separation project to the
I-215Nan Buren Boulevard interchange project to front
unallocated Transportation Corridor Improvement Fund (TCIF)
funds;
4) Approve Agreement No. 08-31-124-01, Amendment No. 1 to
Agreement No. 08-31-124-00, with the County to reflect the
$10 million of additional Measure A funding from the Jurupa
Road grade separation for the I-215Nan Buren Boulevard
interchange project;
5) Approve Agreement No. 11-67-130-00 with the County for
repayment of the fronted TCIF funds, and that the Commission
receive priority for repayment in the event there are project
savings on the I-215Nan Buren Boulevard interchange;
6) Authorize the Chair, pursuant to legal counsel review, to
execute agreements on behalf of the Commission; and
7) Forward to the Commission for final action.
9. AUTO CENTER DRIVE GRADE SEPARATION PROJECT
Tanya Love presented a brief overview of the allocation of funds for the
Auto Center Drive grade separation project.
M/S/C (Busch/Rush) to:
1) Allocate $16 million in federal Congestion Mitigation Air Quality
(CMAQ) funds to the city of Corona (Corona) in support of the
Auto Center Drive grade separation project to front Proposition
1 B Trade Corridor Improvement Fund (TCIF) funds;
2) Approve Agreement No. 11-67-131-00 with Corona for
reimbursement of TCIF/CMAQ funds;
3) Authorize the Chair, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
4) Forward to the Commission for final action.
10. AGREEMENTS WITH C.T. GEORGIOU PAINTING CO., BROCK SERVICE
CALIFORNIA, AND U.S. NATIONAL CORPORATION TO PROVIDE ON -CALL
PAINTING SERVICES FOR COMMISSION -OWNED COMMUTER RAIL
STATIONS
Greg Moore, Procurement and Assets Manager, presented an overview of
the procurement process and the scope of services for on -call painting
services for Commission -owned commuter rail stations.
RCTC WRC Programs and Projects Committee Minutes
May 23, 2011
Page 5
M/S/C (Ashley/Hanna) to:
1) Award the following agreements to provide on -call painting
services for a three-year term, and two one-year options to
extend the agreements, in an amount not to exceed an
aggregate value of $750,000;
a) Agreement No. 11-24-056-00 with C.T. Georgiou
Painting Co.;
b) Agreement No. 11-24-112-00 with Brock Service
California; and
c) Agreement No. 11-24-113-00 with U.S. National
Corporation;
2) Authorize the Executive Director to execute task orders
awarded to contractors under the terms of the agreements;
3) Authorize the Chair, pursuant to legal counsel review, to
execute the agreements, including option years, on behalf of the
Commission; and
4) Forward to the Commission for final action.
11. AGREEMENT WITH A.J. FISTES CORPORATION TO PROVIDE SERVICES
ASSOCIATED WITH THE REFURBISHMENT OF STATION PLATFORM
TACTILE WARNING SURFACES AT THE RIVERSIDE DOWNTOWN, LA
SIERRA, AND WEST CORONA COMMUTER RAIL STATIONS
Greg Moore presented an overview of the procurement process and the
scope of services for the refurbishment of station platform tactile warning
surfaces at the Riverside Downtown, La Sierra, and West Corona commuter
rail stations.
M/S/C (Spiegel/Benoit) to:
1) Award Agreement No. 11-24-064-00 to A.J. Fistes Corporation
for services associated with the refurbishment of station
platform tactile warning surfaces at three Commission -owned
commuter rail stations for the amount of $143,685, plus a
contingency amount of $14,369, for a total amount not to
exceed $158,054;
2) Authorize the Chair, pursuant to legal counsel review, to
execute the agreement on behalf of the Commission; and
3) Forward to the Commission for final action.
RCTC WRC Programs and Projects Committee Minutes
May 23, 2011
Page 6
12. MEASURE A SPECIALIZED TRANSIT FUNDS AS CAPITAL MATCH FOR THE
FEDERAL FISCAL YEAR 2009 SECTION 5310 PROGRAMS
Martha Durbin, Staff Analyst, presented an overview of the allocation of
Measure A Specialized Transit funds as capital match for the federal fiscal
year 2009 Section 5310 programs.
At Commissioner Rush's request, Martha Durbin clarified that VRCR
provides services and advocacy to help disabled adults reach their maximum
potential.
M/S/C (Busch/Spiegel) to:
1) Allocate Measure A Specialized Transit funds of $80,835 to
provide the required capital match for the FFY 2009 Section
5310 program as follows:
a) $11,470 to Care -A -Van Transit Systems, Inc. (Care -A -
Van); and
b) $15,943 to Care Connexxus, Inc. (CCI);
c) $6,767 to Peppermint Ridge;
d) $46,655 to Valley Resource Center for the Retarded, Inc.
(VRCR);
2) Approve agreements with the following FFY 2008/09 Section
5310 grant recipients for Measure A Specialized Transit funds
available in Western Riverside County as follows:
a) Agreement No. 11-26-114-00 with Care -A -Van for
$11,470;
b) Agreement No. 11-26-115-00 with CCI for $15,943;
c) Agreement No. 11-26-116-00 with Peppermint Ridge for
$6,767; and
d) Agreement No. 11-26-117-00 with VRCR for $46,655;
3) Authorize the Chair, pursuant to legal counsel review, to
execute the agreements on behalf of the Commission; and
4) Forward to the Commission for final action.
13. COMMISSIONERS / STAFF REPORT
There were no comments from the Commissioners.
RCTC WRC Programs and Projects Committee Minutes
May 23, 2011
Page 7
14. ADJOURNMENT
There being no further business for consideration by the Western Riverside
County Programs and Projects Committee, the meeting was adjourned at
2:13 p.m. The next meeting of the Western Riverside County Programs and
Projects Committee is scheduled for June 27, 2011 at 1:30 p.m.
Respectfully submitted,
Jennifer Harmon
Clerk of the Board
AGENDA ITEM 7
All of the proposals received by the April 4 deadline that were determined to be
responsive and responsible were evaluated by the evaluation committee and a short
list of those firms earning the highest total evaluation scores was established.
Interviews with the short listed firms were recently completed and the evaluation
committee has requested best and final offers (BAFOs) from these firms. Once the
BAFOs have been received and analyzed, the evaluation committee will complete
its final scoring and develop a recommendation for award. In addition to allowing
additional time for completion of the procurement process, the proposed
three-month contract extension will afford staff sufficient time, if necessary, to
transition guard services to a new firm.
For the foregoing reasons, staff recommends approval of Amendment No. 5, which
will extend the WASS contract by three months, ending October 21, 201 1; thereby
allowing staff sufficient time to complete the recent security guard services
evaluation process and, if necessary, transition to a new security guard firm.
Amendment No. 5 will increase the total contract value amount by $150,000 from
$5,401,401 to $5,551,401.
Financial Information
In Fiscal Year Budget:
N/A
Year:
FY 2011/12
Amount:
$150,000
Source of Funds:
LTF
Budget Adjustment:
No
GL/Project Accounting No.:
244001/244002/244003/244004/244006 81006 103 24
81006
Fiscal Procedures Approved:
\14e,u4,4attur i
Date:
06/15/1 1
Attachment: Standard Form Amendment (Professional Services)
Agenda Item 7
2
Agreement No. 06-25-071-05
AMENDMENT NO. 5 TO THE
AGREEMENT FOR SECURITY SERVICES
WITH CALLAN MANAGEMENT CO., INC.
D/B/A WESTERN AREA SECURITY SERVICES
1. PARTIES AND DATE
This Amendment No. 5 to the Agreement for Security Services is made and
entered into as of this day of 2011, by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and
CALLAN MANAGEMENT CO., INC., a California corporation D/B/A WESTERN
AREA SECURITY SERVICES ("Consultant").
2. RECITALS
2.1 The Commission and the Consultant have entered into an Agreement
dated September 25, 2006 for the purpose of providing security
services for the five (5) Commuter Rail Stations in Riverside County
owned and operated by the Commission (the "Master Agreement").
2.2 The, Commission and the Consultant have entered into an Amendment
No. 1 to the Master Agreement, dated July 1, 2009, for the purpose
of providing 'additional compensation in order to compensate for the
shortfall in the Original Term, extending the Original Term, and
providing additionalcompensationfor the extended term.
2.3 The Commission and the Consultant have entered into an Amendment
No. 2 to the Master Agreement, dated July 1, 2010, for the purpose
of extending the term of the agreement, and providing additional
compensation for an Extended Term of twelve (12) months
commencing on July 1, 2010 and ending on June 30, 2011 (the
"Second Extended Term"), for an amount that is not exceed One
Million Two Hundred Thousand Two Hundred Sixty Two Dollars and
Sixty Four Cents ($1,200,262.64)
2.4 The Commission and the Consultant have entered into an Amendment
No. 3 to the Master Agreement, dated January 25, 2011, for the
3
purpose of developing a Rail Security Database Application in order to
streamline reporting requirements.
2.5 The Commission and the Consultant have entered into an Amendment
No. 4 to the Master Agreement, dated June 21, 2011, for the purpose
of extending the term and providing additional compensation for the
continued provision of security guard services.
2.6 The parties now desire to amend the Master Agreement in order to
extend the term and to provide additional compensation for the
continued provision of security guard services for the commuter rail
stations.
3. TERMS
3.1 The term of the Master Agreement, as that term is defined in the
Master Agreement, shall be extended for three months ending on
October 21, 2011, unless earlier terminated.
3.2 Compensation for Services ;performed pursuant to this Amendment
No. 5 shall not exceed One _Hundred Fifty Thousand Dollars
($150,000) and the total contract value of the Master Agreement, as
previously amended and as amended by this Amendment No. 5 shall
not exceed Five Million Five Hundred Fifty -One Thousand Four
Hundred One Dollars and Twenty Cents 05,551,401.20►.
3.3 Except as amended; by this Amendment No. 5, all provisions of the
Master Agreement and all previous Amendments, including without
limitation the indemnity and insurance provisions, shall remain in full
force and effect and shall govern the actions of the parties under this
Amendment.
[Signatures on Following Page]
4
SIGNATURE PAGE TO
AGREEMENT NO. 06-25-071-05
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the date first herein above written.
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
By:
Gregory S. Pettis,
Chair
CALLAN MANAGEMENT CO.,
INC. D/B/A WESTERN AREA
SECURITY SERVICES
Signature
Name
Title;>
APPROVED AS TO FORM ATTEST:
By:
Best, Best & Krieger
General Counsel Its: Secretary
By:
5
REVISION TO AGENDA ITEM 8
Additions are noted by Bold Italics, Deletions are noted by Strikcthrough
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
June 27, 2011
TO:
Western Riverside County Programs and Projects Committee
FROM:
Henry Nickel, Staff Analyst
Sheldon Peterson, Rail Manager
THROUGH:
Robert Yates, Multimodal Services Director
SUBJECT:
Agreement with Vendsight, Inc. to Provide a Station Advertising
Revenue Program
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 1 1-24-029-00 to Vendsight, Inc. to provide services
associated with the development, management, and maintenance of a
station advertising revenue program for a five-year term, and one five-year
option to extend the agreement, an an amount not to exceed $100,000;
2) Authorize the Chair, pursuant to legal counsel review, to execute the
agreement, including the option term, on behalf of the Commission; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
On July 14, 2010, the Commission approved Resolution No. 10-011 adopting a
commercial advertising policy applicable to all Riverside County Metrolink stations.
The intention of the Commission was to generate revenue from the available space
of its Metrolink stations to offset increasing maintenance costs. Accordingly, the
Commission sought a competitive solution to meet these requirements. In August,
staff responded to the resolution by drafting a scope of services for a turnkey
advertising revenue program and issued Request for Proposals IRFP)
No. 1 1-24-029-00.
The awarded firm was to plan, establish, solicit, place, administer, manage, and
maintain advertisements for the space available at the Commission -owned
Metrolink stations. Both content guidelines and discretionary approval authority
remains with the Commission pursuant to the adopted policy and terms of
contract. Proposers were encouraged to visit each station to gain perspective of
the available advertising space.
Procurement Process
The procurement of a station advertising revenue program was especially
challenging because the Commission has never conducted a competitive
procurement for these services, does not have existing advertising sites in place at
the stations, the ad performance and market area are untested, and the current
advertising market is suffering due to the economic downturn. Additionally, recent
advertising solicitations by local agencies have been unsuccessful in generating any
interest from the market.
In an effort to refine the scope of services and to maximize competition and
revenue, staff arranged a series of meetings with several advertising firms that
would likely, in a stable economic environment, submit a proposal. Based on these
discussions, it was apparent that the biggest hurdle for the advertising firms is
recouping the sizeable capital investment required to place the initial advertising
program infrastructure. Since the Commission does not have existing ad sites in
place and ad performance in the local market area is untested, it was unclear
whether firms would be willing to make the capital outlay necessary to establish a
start up program. Staff issued a competitive solicitation to test the local market.
RFP No. 11-24-029-00 was released by staff and advertised on January 14.
A pre -proposal conference and job walk of the Downtown Riverside commuter rail
station was held on January 27. Staff responded to all requests for clarifications
submitted by potential proposers. One firm, Vendsight, Inc. (Vendsight), submitted
a proposal prior to the stated deadline date. Staff reached out to several
advertising firms to determine why these firms did not submit a proposal in
response to the RFP. The following reasons were given — experiencing an
advertising recession, too much risk, and insufficient staff.
The proposal Vendsight submitted was determined by staff to be a responsive and
responsible proposal. Vendsight's proposal was evaluated and scored by an
evaluation committee comprised of Commission staff. Scoring was based entirely
upon the evaluation criteria set forth in the RFP. Negotiations with Vendsight were
conducted over the course of several meetings, discussions, and correspondence,
whereby contract terms were finalized. Under the terms of the proposed
agreement, Vendsight will provide the intended turnkey advertising revenue
program, at no cost to the Commission, and the Commission will receive
approximately twenty-five percent of the total gross sales calculated prior to any
deductions for maintenance, vandalism, and other program costs and expenses.
After implementation, the vendor anticipates annual revenue would be up to
$50,000. The contractor will comply with all requirements set forth in the
advertising policy including prohibition of advertising alcohol and tobacco products.
Additionally, the Commission will retain the discretion to utilize ten percent of the
advertising space for its own messages and information. Attached are photos of
Agenda Item 8
the anticipated installations. The program could be expanded with Vendsight at
the four new stations following the implementation of new service on the Perris
Valley Line.
Based on the foregoing procurement process, staff recommends the award of
Agreement No. 1 1-24-029-00 to Vendsight for station advertising revenue program
services at the five Commission -owned commuter rail stations for a five-year term,
and one five-year option to extend the agreement.
Financial Information
In Fiscal Year Budget:
N/A
N/A
Year:
FY 201 1 /12
FY 2012/13+
Amount:
$O
$100,000 (Revenues)
Source of Funds:
Other Revenues
Budget Adjustment:
No
N/A
GL/Project Accounting No.:
103 24 42003 (Other Revenues)
Fiscal Procedures Approved:
\i_Au,;„,,,
Date:
06/15/1 1
Attachment:
1) Vendsight Photos
2) Standard Form Professional Services Agreement
Agenda Item 8
AGENDA ITEM 8
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
June 27, 2011
TO:
Western Riverside County Programs and Projects Committee
FROM:
Henry Nickel, Staff Analyst
Sheldon Peterson, Rail Manager
THROUGH:
Robert Yates, Multimodal Services Director
SUBJECT:
Agreement with Vendsight, Inc. to Provide a Station Advertising
Revenue Program
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Award Agreement No. 11-24-029-00 to Vendsight, Inc. to provide services
associated with the development, management, and maintenance of a
station advertising revenue program for a five-year term, and one five-year
option to extend the agreement, in an amount not to exceed $100,000;
2) Authorize the Chair, pursuant to legal counsel review, to execute the
agreement, including the option term, on behalf of the Commission; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
On July 14, 2010, the Commission approved Resolution No. 10-011 adopting a
commercial advertising policy applicable to all Riverside County Metrolink stations.
The intention of the Commission was to generate revenue from the available space
of its Metrolink stations to offset increasing maintenance costs. Accordingly, the
Commission sought a competitive solution to meet these requirements. In August,
staff responded to the resolution by drafting a scope of services for a turnkey
advertising revenue program and issued Request for Proposals (RFP)
No. 11-24-029-00.
The awarded firm was to plan, establish, solicit, place, administer, manage, and
maintain advertisements for the space available at the Commission -owned
Metrolink stations. Both content guidelines and discretionary approval authority
remains with the Commission pursuant to the adopted policy and terms of
contract. Proposers were encouraged to visit each station to gain perspective of
the available advertising space.
Agenda Item 8
6
Procurement Process
The procurement of a station advertising revenue program was especially
challenging because the Commission has never conducted a competitive
procurement for these services, does not have existing advertising sites in place at
the stations, the ad performance and market area are untested, and the current
advertising market is suffering due to the economic downturn. Additionally, recent
advertising solicitations by local agencies have been unsuccessful in generating any
interest from the market.
In an effort to refine the scope of services and to maximize competition and
revenue, staff arranged a series of meetings with several advertising firms that
would likely, in a stable economic environment, submit a proposal. Based on these
discussions, it was apparent that the biggest hurdle for the advertising firms is
recouping the sizeable capital investment required to place the initial advertising
program infrastructure. Since the Commission does not have existing ad sites in
place and ad performance in the local market area is untested, it was unclear
whether firms would be willing to make the capital outlay necessary to establish a
start up program. Staff issued a competitive solicitation to test the local market.
RFP No. 1 1-24-029-00 was released by staff and advertised on January 14.
A pre -proposal conference and job walk of the Downtown Riverside commuter rail
station was held on January 27. Staff responded to all requests for clarifications
submitted by potential proposers. One firm, Vendsight, Inc. (Vendsight), submitted
a proposal prior to the stated deadline date. Staff reached out to several
advertising firms to determine why these firms did not submit a proposal in
response to the RFP. The following reasons were given — experiencing an
advertising recession, too much risk, and insufficient staff.
The proposal Vendsight submitted was determined by staff to be a responsive and
responsible proposal. Vendsight's proposal was evaluated and scored by an
evaluation committee comprised of Commission staff. Scoring was based entirely
upon the evaluation criteria set forth in the RFP. Negotiations with Vendsight were
conducted over the course of several meetings, discussions, and correspondence,
whereby contract terms were finalized. Under the terms of the proposed
agreement, Vendsight will provide the intended turnkey advertising revenue
program, at no cost to the Commission, and the Commission will receive
approximately twenty-five percent of the total gross sales calculated prior to any
deductions for maintenance, vandalism, and other program costs and expenses.
After implementation, the vendor anticipates annual revenue would be up to
$50,000. The contractor will comply with all requirements set forth in the
advertising policy including prohibition of advertising alcohol and tobacco products.
Additionally, the Commission will retain the discretion to utilize ten percent of the
advertising space for its own messages and information. Attached are photos of
Agenda Item 8
7
the anticipated installations. The program could be expanded with Vendsight at
the four new stations following the implementation of new service on the Perris
Valley Line.
Based on the foregoing procurement process, staff recommends the award of
Agreement No. 11-24-029-00 to Vendsight for station advertising revenue program
services at the five Commission -owned commuter rail stations for a five-year term,
and one five-year option to extend the agreement.
Financial Information
In Fiscal Year Budget:
N/A
N/A
Year:
FY 2011/12
FY 2012/13+
Amount:
$O
$100,000
Source of Funds:
Other Revenues
Budget Adjustment:
No
N/A
GL/Project Accounting No.:
103 24 42003 (Other Revenues)
Fiscal Procedures Approved:
464,10.,o4
Date:
06/15/11
Attachment:
1) Vendsight Photos
2) Standard Form Professional Services Agreement
Agenda Item 8
8
ATTACHMENT
*9r.,„
-
H
* 4
t.„
s au! p n
0): pa i.4.pip? U„J .1.4400 ' 1.44SPUZ'O,
Aa, poin pej.n p p
e!PalAIPV
NSA A
•
s'Auipuno.rillS
a§101paHdem )(10';) " lteii!spuo:A
Aci poJriv.)e.jutiuu.1 pup pou2!sag
2gaVir„v,„„„.
113 ERG::
• •
palunolAi Jooldinem-suS!s pox!d
sdeJAA spRicieJg
1
sadepsilem
4Fii-011110,••• %tar- ,e4st - • - •
'''''''' • ' • '' Er' E.'L•••„
soNdea Jo%
°NIA A
•
sdeJm apelciapai
performance of up to ten (10) years. The option term may be exercised by the
Commission, at its sole discretion, with prior written notice to the Consultant.
Consultant shall complete the Services within the term of this Agreement and shall meet
any other established schedules and deadlines.
3.3 Schedule of Services. Consultant shall,, perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional anti chn�al 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; Confretend Payment of Subordinates.
The Services shall be performed by Consultant underitssupervision. Consultant will
determine the means, method and details of performinOhe Services subject to the
requirements of this Agreement. Commission retains Consultant on an independent
contractor basis and Consultant is not an:eployee 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.
6 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of Commission.
3.6 Substitution of Key Personnel. Consultant has represented to
Commission that certain key; personnel will perform and coordinate the Services under
this Agreement. Should one or more of such personnel become unavailable,
Consultant may substitute other personnel of at least equal competence and experience
upon written approval of (Commission. In the event that Commission and Consultant
cannot agree as to the 'substitution of key personnel, Commission shall be entitled to
terminate this Agreement for cause, pursuant to provisions of Section 3.16 of this
Agreement. The key personnel for performance of this Agreement are as follows:
Michael Barnhill.
3.7 Commission's Representative. Commission hereby designates
Executive Director, or his/her designee, to act as its representative for the performance
of this Agreement ("Commission's Representative"). Commission's representative shall
2
16
have the power to act on behalf of Commission for all purposes under this Agreement.
Consultant shall not accept direction from any person other than Commission's
Representative or his/her designee.
3.8 Consultant's Representative. Consultant hereby designates
Michael Barnhill, or his/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 Representatives 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. Consultantshall 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.
3.11.1 Statutes. 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 also comply
with all applicable provisions of the California Fair Employment and Housing Act,
California Government Code §§ 12900 et seq.; the state "whistleblower" requirements,
California Labor Code §§ 1101 et seq.; and Employment of Undocumented Aliens,
California Public Contract Code §§ 6101 et seq.
3
17
3.11.2 Liability. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If the Consultant performs any work
knowing it to be contrary to such laws, rules and regulations and without giving written
notice to Commission, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold Commission, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.12 Insurance.
3.12.1 Time for Compliance. Consultant shall not epmme.nce work
under this Agreement until it has provided evidence satisfactoryto 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 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 Califomia and Employer's
Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance
or other form with general aggregate limit is used, either the general aggregate limit
shall apply separately to this Agreement/location or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for
bodily injury and property damage; and (3) if Consultant has an employees, Workers'
Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Practices Liability limits of
$1,000,000 per accident.
3.12.3 Professional Liability. Consultant shall procure and
maintain, and require its subcontractors to procure and maintain, for a period of five (5)
4
18
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.
3.12.4Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms
approved by the Commission to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the Commission, its directors, officials, officers, employees
and agents shall be covered as additional insureds with respect to the Services or
operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (2) the insurance coverage shall
be primary insurance as respects the Commission, its directors, officials,officers,
employees and agents, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant's scheduled underlying coverage: Any insurance or self-
insurance maintained by the Commission, its directors, officials, officers, employees and
agents shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it in any way.
(B) Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the Commission, its directors, officials, officers,
employees and agents shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the Commission,
its directors, officials, officers, employees and agents, or if excess, shall stand in an
unbroken chain of coverage excess of the Consultant's scheduled underlying coverage.
Any insurance or self-insurance maintained by the Commission, its directors, officials,
officers, employees and agents shall be excess of the Consultant's insurance and shall
not be called up -onto 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.
5
19
3.12.5 Deductibles and Self -Insurance Retentions. Any deductibles
or self -insured retentions must be declared to and approved by the Commission. If the
Commission does not approve the deductibles or self -insured retentions as presented,
Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer
shall reduce or eliminate such deductibles or self -insured retentions as respects the
Commission, its directors, officials, officers, employees and agents; or, (2) the
Consultant shall procure a bond guaranteeing payment of - losses and related
investigation costs, claims and administrative and defense expenses.
3.12.6 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the Commission.
3.12.7 Verification of Coverage. Consultant shall furnish
Commission with original certificates of insurance -and endorsements effecting coverage
required by this Agreement on forms satisfactory to,the'Commission. The certificates
and endorsements for each insurance policy shall be signed by a person authorized by
that insurer to bind coverage on its behalf. All certificates and endorsements must be
received and approved by the Commission before work commences. The Commission
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
3.13 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate„ to the nature of the work and the conditions under which the
work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life.. protection and life saving equipment and procedures; (B)
instructions in accident prevention-. for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilitiesfor the proper inspection and maintenance of all safety
measures.
i
3.14 Fees and Payment. In consideration for Commission entering into
and granting the exclusive right to provide turn -key advertising services as provided
forth in this Agreement,`' Consultant will pay Customer those rates as outlined in Exhibit
C attached hereto and incorporated herein.
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
6
20
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 final payment under this Agreement or the date of termination of this
Agreement, whichever comes later.
3.16 Termination of Agreement.
3.16.1 Grounds for Termination. Both parties may, by written notice
to the other, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to the other of such termination, ,and specifying the
effective date thereof.
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 providesuch document and other
information within fifteen (15) days „of the request.
3.16.3Additional Services. In the event this Agreement is
terminated in whole or in part as provided' herein, Commission may procure, upon such
terms and in such manner as it may determine appropriate, services similar to those
terminated.
3.17 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Vendsight Incorporated
8021 Wing; Ave.
El Cajon, CA.92020
Attn: Michael Barnhill
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 Documents & Data. This Agreement creates an exclusive
and perpetual license for Commission to copy, use, modify, reuse, or sub -license any
and all copyrights and designs embodied in plans, specifications, studies, drawings,
7
21
estimates, materials, data and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data").
Consultant shall require all subcontractors to agree in writing that
Commission is granted an exclusive and perpetual license: for any Documents & Data
the subcontractor prepares under this Agreement.
Consultant represents and warrants` that Consultant has the legal
right to grant the exclusive and perpetual license for all such Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to
Consultant by the Commission.
Commission shall not be limitad_in any way in its use of the
Documents & Data at any time, provided that any sucxuse not within the purposes
intended by this Agreement shall be at Commission's sole4isk.
3.18.2Intellectual Wrbperty. In addition, Commission shall have
and retain all right, title and interest (includ'ng,copyright, patent, trade secret and other
proprietary rights) in all plans, specifications, .studies, drawings, estimates, materials,
data, computer programs or software and source code, enhancements, documents, and
any and all works of authorship fixed in any tangible medium or expression, including
but not limited to, physical drawings or other data magnetically or otherwise recorded on
computer media rintellectuat Property") prepared or developed by or on behalf of
Consultant under this Agreement as well as any other such Intellectual Property
prepared or developed by or on behalf of Consultant under this Agreement.
The Commission shall have and retain all right, title and interest in
Intellectual Property developed or -modified under this Agreement whether or not paid
for wholly or in partlby Commission, 'whether or not developed in conjunction with
Consultant,,and whether or not developed by Consultant. Consultant will execute
separate written assignments of any and all rights to the above referenced Intellectual
Property upon request of Commission.
Consultant shall also be responsible to obtain in writing separate
written assignments from, any subcontractors or agents of Consultant of any and all right
to the above referenced Intellectual Property. Should Consultant, either during or
following termination of this Agreement, desire to use any of the above -referenced
Intellectual Property, it shall first obtain the written approval of the Commission.
All materials and documents which were developed or prepared by
the Consultant for general use prior to the execution of this Agreement and which are
not the copyright of any other party or publicly available and any other computer
applications, shall continue to be the property of the Consultant. However, unless
8
22
otherwise identified and stated prior to execution of this Agreement, Consultant
represents and warrants that it has the right to grant the exclusive and perpetual license
for all such Intellectual Property as provided herein.
Commission further is granted by Consultant a non-exclusive and
perpetual license to copy, use, modify or sub -license any and all Intellectual Property
otherwise owned by Consultant which is the basis or foundation for any derivative,
collective, insurrectional, or supplemental work created under this Agreement.
3.18.3 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant
in connection with the performance of this Agreement shall be held confidential by
Consultant. Such materials shall not, without the prior written consent of Commission,
be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use Commission's
name or insignia, photographs of the Project, or any publicity pertaining to the Services
or the Project in any magazine, trade paper, newspaper, television or radio production
or other similar medium without the prior written consent of Commission.
3.19 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary,appropriate or convenient to attain the purposes of this Agreement.
3.20 Attorney's Fees; If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, .the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and costs of such actions.
3.21 Indemnification. Consultant shall indemnify and hold the
Commission, its directors, , officials, officers, agents, consultants, employees and
volunteers free and harmless from any and all claims, demands, causes of action,
costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or
persons, including wrongful death, in any manner arising out of or incident to alleged
negligent acts, omissions or willful misconduct of the Consultant, its officials, officers,
employees, agents, consultants, and contractors arising out of or in connection with the
performance of the Services, the Project or this Agreement, including without limitation,
the payment of all consequential damages, attorneys fees and other related costs and
expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any
and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against the Commission, its directors, officials, officers, agents,
consultants, employees and volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the Commission or its directors, officials,
9
23
officers, agents, consultants, employees and volunteers, in any such suit, action or
other legal proceeding. Consultant shall reimburse the Commission and its directors,
officials, officers, agents, consultants, employees and volunteers, for any and all legal
expenses and costs, including reasonable attorney's fees, incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnity shall not be restricted to insurance proceeds, if any, received by
the Commission or its directors, officials, officers, agents, consultants, employees and
volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are
subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Consultant. This Section 3.21
shall survive any expiration or termination of this Agreement.
3.22 Entire Agreement. This Agreement contains the entireAgreement
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 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.
3.27.1 Solicitation. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, Commission shall
have the right to rescind this Agreement without liability.
3.27.2 Conflict of Interest. For the term of this Agreement, no
member, officer or employee of Commission, during the term of his or her service with
10
24
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 provi-
sions 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 Prevailing Wages. _ By its execution of this Agreement, Consultant
certified that it is aware of the requirenients,of California Labor Code Sections 1720 et
seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000
et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates
and the performance of other requirements on certain "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing
Wage Laws. The Commissionshall provide Consultant with a copy of the prevailing
rate of per diem wages in effect at the commencement of this Agreement. Consultant
shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker_needed to execute the Services available to interested parties upon
request, and shah post copies at the Consultant's principal place of business and at the
project site. Consultant,, shall defend, indemnify and hold the Commission, its elected
officials, caffcers, employees and agents free and harmless from any claims, liabilities,
costs, penalties or interest _arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
3.31 Employment of Apprentices. This Agreement shall not prevent the
........... .
employment of properly indentured apprentices in accordance with the California Labor
Code, and no employer or labor union shall refuse to accept otherwise qualified
employees as indentured apprentices on the work performed hereunder solely on the
ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice
shall be paid the standard wage paid to apprentices under the regulations of the craft or
trade in which he or she is employed and shall be employed only in the craft or trade to
which he or she is registered.
11
25
If California Labor Code Section 1777.5 applies to the Services,
Consultant and any subcontractor hereunder who employs workers in any
apprenticeable craft or trade shall apply to the joint apprenticeship council administering
applicable standards for a certificate approving Consultant or any sub -consultant for the
employment and training of apprentices. Upon issuance of this certificate, Consultant
and any sub -consultant shall employ the number of apprenticesprovided for therein, as
well as contribute to the fund to administer the apprenticeship program in each craft or
trade in the area of the work hereunder.
The parties expressly understand that the responsibility for compliance
with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the
California Labor Code in regard to all apprenticeable-occupations lies with Consultant.
3.32 No Waiver. Failure of Commission to insist on any one occasion
upon strict compliance with any of the terms, covenants or conditions hereof shall not
be deemed a waiver of such term, covenant or condition, nor shall any waiver or
relinquishment of any rights or powers hereunder at any one time or more times be
deemed a waiver or relinquishment of such other right or power at any other time or
times.
3.33 Eight -Hour Law. Pursuant to the provisions of the California Labor
Code, eight hours of labor shall constitute a legal day's work, and the time of service of
any worker employed on the work shall be limited and restricted to eight hours during
any one calendar day anti forty hours in any one calendar week, except when payment
for overtime is made at not less than one and one-half the basic rate for all hours
worked in excess of eight hours per day ("Eight -Hour Law"), unless Consultant or the
Services are not subject to the Eight -Hour Law. Consultant shall forfeit to Commission
as a penalty, $50.00 for each worker_ employed in the execution of this Agreement by
him, or by any sub -consultant under him, for each calendar day during which such
workman is required or permitted to work more than eight hours in any calendar day
and forty hours in any one calendar week without such compensation for overtime
violation of the provisions of the California Labor Code, unless Consultant or the
Services are not subject,to„the Eight -Hour Law.
3,.34 Survival. All rights and obligations hereunder that by their nature
are to continue after any expiration or termination of this Agreement, including, but not
limited to, the indemnification and confidentiality obligations, shall survive any such
expiration or termination.
3.35 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.36 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers' Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
12
26
3.37 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.38 Incorporation of Recitals. The recitals set forth above are true and
correct and are incorporated into this Agreement as though fully set forth herein.
3.39 Piggybacking. To the extent permitted -by state and federal law, for
the first twenty four months of this Agreement, any otherpublic transportation
organizations within the State of California may enter into simife-{professional service
agreements for turn -key advertising services on the same terms and conditions
contained herein.
[SIGNATURES ON FOLLOWING; PAGE]
13
27
SIGNATURE PAGE
TO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR ADVERTISING SERVICES
WITH VENDSIGHT INCORPORATED
IN WITNESS WHEREOF, this Agreement was executed on the date first
written above.
RIVERSIDE COUNTY
CONSULTANT
TRANSPORTATION COMMISSION VENDSIGHT INCORPORATED;
By:
Greg Pettis
Chairman
By:
Signature
Name
[NOT NEEDED IF APPROVED BY COMMISSION]
By:
Anne Mayer
Executive Director
Approved as to Form:
By:
Best Best & Krieger:L'LP
General Counsel
14
Title
28
EXHIBIT "A"
Scope of Services
1.0 GENERAL INFORMATION
1.1 Background
1.1.1 In establishing this Agreement, the Commission intends to generate revenue
from the available space located at its five (5) commuter rail stations and the
Perris Transit Center and increase vending 'revenue at no cost to the
Commission.
1.1.2 Consultant shall provide all labor and labor supervision, tools, equipment,
transportation, and supplies necessary to successfully provide 'a turn -key
advertising revenue program at no cost to the Commission. The turn -key
program shall include advertising graphics production, account management,
design, installation, and maintenance, as described herein.
1.1.3 Consultant shall conform to the ._ Commission's Commercial Advertising Policy
and Content Guidelines.
1.1.4 Consultant shall refuse advertising of tobacco and/or alcoholic beverage
products and sexually explicit copy on any advertising space.
1.1.5 The Commission's purpose in allowing; advertising is to raise revenue, not to
allow public ,speech. Consultant shall limit advertisements to those
advertisements that propose a commercial transaction. Consultant shall
refuse political- advertisements or issue oriented advertisements (for
example: pro choice or anti -choice advertisements, religious advertisements,
etc.l
1.1.6. The successful Consultantwill be responsible for soliciting advertisers to buy
advertising in and around the Commission's commuter rail stations and the
Perris Transit Center in Riverside County. The Consultant shall employ its
best efforts to develop and make sales of advertising space and shall
operate -fully „staffed business office serving the Southern California area
including:
1.1.6.1 An experienced local ad sales force with the capability of acquiring
national advertising accounts; and
1.1.6.2 An office facility and work force capable of assuring proper
installation, maintenance, and removal of advertising displays on
revenue equipment.
2.0 TASKS
A-1
29
Consultant shall perform various advertising tasks at all Commission rail station
properties including, but not limited to:
2.1 Station Advertising Revenue Program Services
2.1.1 Marketing and selling advertising packages. Solicit advertising in an effort
to completely sell all available space authorized; by this Agreement.
2.1.2 Create high traffic advertising placement and create secure and
aesthetically attractive advertisements and joints of sale.
2.1.3 Production of banners, floor graphics, wallscapes.
2.1.4 Graphics design for all advertising programs.
2.1.5 Management services: oversee all necessary personnel, maintenance,
and installation.
2.1.6 Portfolio management: manage all advertiser accounts.
2.1.7 Increase vending revenue
2.1.8 No less than ten percent (10%) of available fixed advertising space at
each station shall be reserved to exclusive case at the discretion of
Commission.
2.1.9 If the Commission decides to use any such advertising space, Consultant
agrees to install the Commission's advertisements at no charge within ten
(10) days after receipt and to remove all advertising within three (3) days
of the specified removal date.
2.1.10 All commercial advertising shall `comply with the Commission's
Commercial Advertising Policy and Content Guidelines its most current
form as adopted by the Commission and as it may be revised from time to
time.
2.2 I_rstailation Services
.1 Install media enclosures and fixed signage in mutually agreed locations at
no cost to the Commission, including but not limited to framed, mounted
advertising panels, backlighting, billboards, digital signage, and banners.
2.2.2 Eacfr-_-ad placement shall be installed: 1) free from wrinkles, blisters, or
similar defects;`2) displayed properly; and 3) present a sharp, clear, and
clean appearance.
2.2.3 No advertisement/placement will be allowed to interfere with any safety
devices, signs, lights, signals, identification numbers, or distinctive logos
at the commuter rail stations. This includes, but is not limited to, reflective
materials, side reflectors, and other features. In addition, advertisements
cannot interfere with the normal utilization of vents, glazing, ladders,
windows, doors, and other equipment that may require regular preventive
maintenance.
A-2
30
2.2.4 Production and installation of no less than one (1) vending machine
enclosure capable of accommodating at least two (2) machines of current
configuration at each station. One side shall be dedicated to Commission
messaging.
2.2.5 Consultant must provide the following Icon Enclosure, OR EQUAL:
• Product #: RC04-Dual Machine Enclosure/No Security Door
• Option #: ADP01 Ad Panel Kit
• Option #: BB01 Header Display
2.2.5.1 AN APPROVED EQUAL may be allowed as a ='substitute for the
above -described unit, however, prior written authorization to
substitute the Icon enclosure specified above must be received by
the Procurement Officer.
2.2.6 Installation and removal of advertisements shall be done by Consultant at
_............
Consultant's sole expense. Installation and removal at the Commission -
owned commuter rail station sites shall be performed by Consultant
Monday -Friday between 9:00 am and 2:30 pm, unless prior approval is
obtained from the Commission. Consultant shall136 responsible for, at no
cost to the Commission, any repairs required as a result of installation or
removal of advertisements. This includes, but is not limited to, any paint
damage, resulting from the removal of direct application advertisements.
2.3 Maintenance Services
2.3.1 Consultant shall maintain and repair; at its sole cost and expense, all
equipment and advertising space provided by or on behalf of Consultant
for the term of this Agreement in accordance with the provisions below.
2.3.2 Consultant shall maintain an attractive appearance for all of the
advertisements at every station. Consultant shall maintain clean and not
worn tattered or defaced advertising displays. Each advertisement shall
be free from wrinkles, blisters or similar defects and shall present a sharp
and clear appearance.
2.3.3 If requested in writing by the Commission, an advertisement, shall be
removed by Consultant within forty-eight (48) hours of receipt of written
request at no cost to the Commission.
2.3.4 Consultant shall remove date sensitive advertisements within one (1)
week after expiration. Failure to remove date sensitive advertisements
within one (1) week after expiration may result in the Commission
removing the advertisements and assessing the cost for removal to
Consultant.
3.0 CONSULTANT OBLIGATIONS
A-3
31
3.1 Notifications and Response Time(s)
3.1.1 Consultant shall assume an appropriate level of advertising staffing and
workforce capable of ensuring proper installation and removal of
advertising material
3.1.2 An advertiser's placement, shall be removed, by Consultant within 48
hours of receipt of written request from the Commission at no cost to the
Commission.
3.1.3 Consultant and Consultant's subcontractors shall -provide the Commission
with 24-hour contact number(s) for Consultant's key personnel and an
acceptable means of emergency "on -call" communication with the
Commission's designated project manager.
3.1.4 Consultant's offices shall have voice, fax and e-mail capability.
3.1.5 The Commission's designated Project manager shall be notified, in
advance, if Consultant and/or its subcontractors intend to be on or have
employees on Commission -owned prop& , at times other than regularly
scheduled work times.
Y'a
3.1.6 Consultant and/or itsi- sulaoontractors are to 4MMediately notify the
Commission's designated project representative of any unsafe or
questionable condition that exists ',on,._ any Commission property. The
designated Commission representative will then notify the necessary
parties.
3.2 Reporting
3.2.1 The Consultant :shall provide the Commission with a regular quarterly
report regarding the fixed percentage of the gross advertising revenue
generated byConsultant under the program.
3.2.2— Upon request, Consultant shall furnish to the Commission a copy of each
contract entered into by ,Consultant for advertising space at all of the
stations during the term of this Agreement. Terms and conditions of sales
of advertising shall be at the sole discretion of Consultant, subject to the
terms and conditions of the Agreement and the Commission's adopted
advertising policy.
3.2.3 The Consultantshall establish a schedule of rates applicable to the sale of
advertising space for various station placements. The Consultant shall
forward such rates to the designated Commission project Manager within
three (5) days of the issuance of the initial notice to proceed, and within
fifteen (15) days of any changes during the course of this Agreement.
3.3 Advertising Asset Inventory
3.3.1 Approval of Advertising Placements
The Commission shall approve all advertising placements, exhibit
material, announcements, or any other display and their manner of
presentation prior to placement of such ads. Accordingly, all advertising
A-4
32
displays at any time placed on any Commission equipment by the
Contractor shall be deemed acceptable to the Commission only by
advance written approval by the designated Commission representative.
The Commission's determination to approve or disapprove advertising will
be based on the guidelines set forth in this RFP, including the Commercial
Advertising Policy (see Appendix H) adopted by the Commission.
3.3.2 Ownership and Title to Asset Inventory
Consultant shall retain title to all asset inventory, it provides under the
terms of the program pursuant to this Agreement until the Agreement
expires or is terminated pursuant to the terms and conditions of the
Agreement. If the Agreement either expires or is terminated, the
Commission may choose to: 1) elect to have all Consultant -provided
inventory and associated equipment removed and all affected areas
returned to a safe, finished condition to the Commission's satisfaction at
the Consultant's expense; or 2) transfer title of the assets to the
Commission at which time title to the :assets shall transfer to the
Commission free and clear of all encumbrances through negotiated
purchase from the Consultant based on the depreciated or current market
value of the asset inventory.
3.4 Program Review
Consultant and Commission may meet and confer annually, or as requested by
either party, regarding the operationof the Program, including the status of
existing, planned and prospective placements.
4.0 COMPENSATION STRUCTURE
4.1 Revenue Sharing
Compensation by the Consultant to the Commission shall be based on the
Gross Advertising Revenue sharing structure as detailed in Exhibit C.
4.2 The term Gross Advertising Revenue means all monies and
remunerations received from the sale of advertising space by the
Consultant in its operations as permitted under the Agreement.
4.2.1 Gross advertising revenue shall be calculated on an accrual basis,
(i.e., amounts are pro -rated to the time periods which correlate to
the time periods during which the advertising is displayed).
A-5
33
EXHIBIT "B"
Schedule of Services
C-1
34
EXHIBIT "C"
Revenue Sharing
C-1
35
AGENDA ITEM 9
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
June 27, 2011
TO:
Western Riverside County Programs and Projects Committee
FROM:
Henry Nickel, Staff Analyst
Sheldon Peterson, Rail Manager
THROUGH:
Robert Yates, Multimodal Services Director
SUBJECT:
Proposition 1 B Public Transportation Modernization, Improvement,
and Service Enhancement Account Supporting Resolution for the
Commission's Commuter Rail Program
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Adopt Resolution No. 1 1-012, "Resolution of the Riverside County
Transportation Commission Authorizing the Execution of the Certifications
and Assurances for the Public Transportation Modernization, Improvement,
and Service Enhancement Account Bond Program"; and
2) Forward to the Commission for final action.
BACKGROUND INFORMATION:
The Public Transportation Modernization, Improvement, and Service Enhancement
Account (PTMISEA) was created by Proposition 1 B, the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006. Of the
$19.925 billion available to transportation, $3.6 billion dollars was allocated to
PTMISEA for transit operators over a 10-year period. PTMISEA funds may be used
for transit rehabilitation, safety or modernization improvements, capital service
enhancements or expansions, new capital projects, bus rapid transit improvements,
or rolling stock (buses and rail cars) procurement, rehabilitation, or replacement.
The Commission has used these funds for numerous capital projects including
construction of the Perris Station Transit Center, painting, fencing, and closed
circuit television upgrades.
Projects funded from the PTMISEA will help advance the state's policy goals of
providing mobility choices for all residents, reducing congestion, and protecting the
environment. Funds in this account are appropriated annually by the Legislature to
the state controller's office for allocation in accordance with the Public Utilities
Code formula distribution: 50% allocated to local operators based on fare -box
revenue and 50% to regional entities based on population. Ca!trans is responsible
Agenda Item 9
36
for the PTMISEA program. Due to the current fiscal state, California bond funds
have not been sold regularly. Projects approved for funding will receive their
request when funding from bond sales become available.
Caltrans adopted a requirement of certifications and assurances for the PTMISEA
bond program. As a condition of the receipt of PTMISEA bond funds, project
sponsors must comply with these terms and conditions, which include submission
of a resolution establishing intent to comply with such regulations and the requisite
authorization of the Commission's executive director. Staff recommends approval
of the attached resolution to meet this requirement. There is no direct financial
impact related to adoption of this resolution.
Attachment: Resolution No. 11-012
Agenda Item 9
37
RESOLUTION NO. 11-012
RESOLUTION OF THE
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AUTHORIZING THE EXECUTION OF THE
CERTIFICATIONS AND ASSURANCES
FOR THE PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND
SERVICE ENHANCEMENT ACCOUNT BOND PROGRAM
WHEREAS, the Riverside County Transportation Commission is an eligible
project sponsor and may receive state funding from the Public Transportation
Modernization, Improvement, and Service Enhancement Account IPTMISEA) now
or sometime in the future for transit projects; and
WHEREAS, the statutes related to state -funded transit projects require a
local or regional implementing agency to abide by various regulations; and
WHEREAS, Senate Bill 88 (2007) named the Department of Transportation
(Department) as the administrative agency for the PTMISEA; and
WHEREAS, the Department has developed guidelines for the purpose of
administering and distributing PTMISEA funds to eligible project sponsors (local
agencies); and
WHEREAS, the Riverside County Transportation Commission wishes to
delegate authorization to execute these documents and any amendments thereto to
the Executive Director or designee.
NOW, THEREFORE IT BE RESOLVED, by the Board of Commissioners of the
Riverside County Transportation Commission that it agrees as the funding recipient
to comply with all conditions and requirements set forth in the Certification and
Assurances document and applicable statutes, regulations and guidelines for all
PTMISEA funded transit projects.
NOW THEREFORE, BE IT FURTHER RESOLVED that the Executive Director or
designee be authorized to execute all required documents of the PTMISEA program
and any Amendments thereto with the California Department of Transportation.
APPROVED AND ADOPTED this 13t day of July 2011.
Gregory S. Pettis, Chair
38
Riverside County Transportation Commission
ATTEST:
Jennifer Harmon, Clerk of the Board
Riverside County Transportation Commission
39
AGENDA ITEM 10
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
June 27, 2011
TO:
Western Riverside County Programs and Projects Committee
FROM:
Jillian Edmiston, Staff Analyst
Brian Cunanan, Commuter Assistance Manager
THROUGH:
Robert Yates, Multimodal Services Director
SUBJECT:
Fiscal Year 201 1 /12 Measure A Commuter Assistance Buspool
Subsidy Funding Continuation Requests
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Authorize payment of $1,645/month maximum subsidy per buspool for the
period July 1, 2011 to June 30, 2012 to the existing Corona, Mira Loma,
and Riverside buspools;
2) Require subsidy recipients to meet monthly buspool reporting requirements
as supporting documentation to receive payments; and
3) Forward to the Commission for final action.
BACKGROUND INFORMATION:
As part of the Measure A Commuter Assistance Program, the Commission provides
funding support to buspools used by Riverside County residents for their commutes
along the State Route 91 corridor. The Commission adopted the Measure A
buspool subsidy in October 1990 and established a monthly subsidy rate of $1,175
or $25/seat/month in support of commuter buspool operations. In July 2004, the
Commission set the subsidy rate at $35/seat/month ($1,645/month) to help offset
increases to operational costs during the previous 14 years. To provide additional
guidance, the Commission also established a minimum buspool ridership policy in
June 1995. The policy requires staff to report to the Commission when a
buspool's ridership falls to 25 or below and to seek direction regarding the
continuation of the buspool's subsidy.
Like all commuter assistance incentives provided by the Commission to encourage
use of alternative modes of transportation, the Measure A $35/seat/month subsidy
is administered as a user side subsidy. The Commission's subsidy is an important
factor that makes buspools an attractive alternative for these commuters with
roundtrip commutes in excess of 100 miles. Also, the Commission's subsidy
remains cost-effective compared to the typical public transit subsidy rate of 83%.
Agenda Item 10
40
While the monthly cost of each buspool varies according to the number of route
miles and the resulting negotiated service price, the Commission's monthly subsidy
reflects a subsidy rate of 13%.
Average Monthly Buspool
Fare Per Rider
$ 265.00
RCTC Subsidy
Per Seat
$35.00
13%
Unlike some of the other Commission -approved ridesharing incentives that have a
limited term, the buspool subsidy is ongoing. To renew its annual subsidy, an
existing buspool is required to:
• Request in writing, continuation of funding from the Commission for the new
fiscal year;
• Consistently meet minimum ridership requirements; and
• Submit monthly ridership reports throughout the year.
The three existing buspools have completed all the requirements for funding as set
forth by the Commission including the submittal of monthly ridership reports and
annual funding continuation requests. They have consistently exceeded the
minimum ridership level of 25 riders per month and have collectively averaged
39 riders/ month/ buspool this current fiscal year.
Bup0015
Roundttip
, . Distance
Annual Miles Saved
Annual One -Way
Trips Reduced
Averge
Rlders/MontM
Corona
46
—134 mi
1,321,298
23,980
Mira Loma
29
-123 mi
895,884
14,
Riverside
41
-1 10 mi
1,424,337
21,164520
Estimated Pounds of Emissions Reduced
63,586
Miles Saved
3,641,519
Trips Reduced
59,664
In reducing the number of vehicles on SR-91 during peak periods, the buspool
program saved more than 3.6 million miles and 63,586 pounds of vehicle emissions
in FY 2010/11. The buspool subsidy proves to be an effective use of Measure A
Commuter Assistance funds and a budget of 5100,000 is proposed for
FY 2011/12. Based on the established monthly $1,645/month per buspool subsidy
policy, the funds will support the continuation of the three existing buspools plus
two new start-up buspools.
Agenda Item 10
41
Financial Information
In Fiscal Year Budget:
Yes
Year:
FY 2011/12
Amount:
$100,000
Source of Funds:
Measure A
Budget Adjustment:
No
GL/Project Accounting No.:
002109 81030 263 41 81002
Fiscal Procedures Approved:
\1414,,4;,41
Date:
06/13/11
Attachments:
1) Corona Renewal Request
2) Mira Loma Renewal Request
3) Riverside Renewal Request
Agenda Item 10
42
2011-06-07 14:31 The Boeing Company 3104169369 >>
MARCIA PASQUARELLA
Send correspondences to:
2705 Monserat Circle
Corona, CA 92881
June 7, 2011
Attn.: Brian Cunanan, Commuter Assistance Manager
Riverside County Transportation Commission
P.O. Box 12008
Riverside, CA 92502-2208
Dear Mr. Cunanan,
In compliance with the requirements of the Riverside County Transportation Commission
(RCTC), I am requesting an extension of funding for the period of July 1, 2011 to June 30, 2012.
for the "Corona" to El Segundo Commuter Buspool. I am the buspool operator and coordinate
this buspool independently from any employer.
The monthly cost to operate this buspool from Odyssey is $267. RCTC provides a $35 monthly
subsidy per seat and the remaining $232 is provided between the riders and their employers.
The following is the Corona to El Segundo Buspool schedule:
AM Departure Living Truth Park & Ride Lot 4:50 a.m.
AM Arrival El Segundo 5:45 a.m.
PM Departure El Segundo 3:30 p.m.
PM Arrival Living Truth Park & Ride Lot 5:15 p.m.
Information on this buspool is available with rideshare programs at Boeing, Raytheon,
Aerospace Corporation, and the Los Angeles Air Force base. Employees receive this
information through direct mailings, newsletter articles, and electronic messaging from these
employers. These employers rideshare programs also share this information with other local
employee transportation coordinators.
Thank you for your continued support of this successful buspool program.
Sincerely,
4r4J1--
Marcia Pasquarella
Corona Buspool Coordinator
P 1/1
ATTACHMENT 1
43
ATTACHMENT 2
HARLAN ALPERT
Send correspondences to:
Aerospace Corporation
2350 E. El Segundo Blvd.
El Segundo, CA 90245-4691
April 11, 2011
Attn.: Brian Cunanan, Commuter Assistance Manager
Riverside County Transportation Commission
P.O. Box 12008
Riverside, CA 92502-2208
Dear Mr. Cunanan,
In compliance with the requirements of the Riverside County Transportation Commission
(RCTC), I am requesting an extension of funding for the period of July 1, 2011 to June 30, 2012
for the "Mira Loma" (Mira Loma/Corona) to El Segundo Commuter Buspool. I am the buspool
operator and coordinate this buspool independently from any employer.
Themonthlycost-to operate-this-buspool-from (Tour -Coach) is-$254—RCTC-provides-a-$35
monthly subsidy per seat and the remaining $219 is provided between the riders and their
employers.
The following is the Mira Loma/Corona Buspool schedule:
(Monday — Thursday) (Friday)
AM Departure Mira Loma 4:08 a.m. 4:08 a.m.
AM Departure Corona Park & Ride Lot 4:25 a.m. 4:25 a.m.
AM Arrival El Segundo 5:30 a.m. 5:30 a.m.
PM Departure El Segundo 3:00 p.m. 2:30 p.m.
PM Arrival Corona Park & Ride Lot 4:30 p.m. 4:00 p.m.
PM Arrival Mira Loma 4:45 p.m. 4:15 p.m.
Information on this buspool is available with rideshare programs at Raytheon, Boeing,
Aerospace Corporation, and the Los Angeles Air Force base Employees receive this
information through direct mailings, newsletter articles, and electronic messaging from these
employers. These employer rideshare programs also share this information with other local
employee transportation coordinators.
Thank you for your continued support of this successful buspool program.
Sincerely,
Harlan Alpert
Mira Loma Buspool Operator
44
rt$4,1::
ATTACHMENT 3 t
CATALINA FUENTES
Send correspondences to:
Raytheon Company
2000 E. El Segundo Blvd.
El Segundo, CA 90245-4501
May 26. 2011
Attn.: Brian Cunanan, Commuter Assistance Manage
Riverside County Transportation Commission
P O. Box 12008
Riverside, CA 92502-2208
i}ear Mr. Cunanan,
In compliance with the requirements of the Riverside County Transportation Commission
(ROTC), I am requesting an extension of funding for the period of July I, 2011 to June 30, 2012
for the "Riverside" to El Segundo Commuter Buspool I am the buspool operator and coordinate
this buspool independently from any employer.
The monthly cost to operate this bus pool from Odyssey is $274.00. RCTC provides a $35
monthly subsidy per seat and the remaining S239.00 is provided between the riders and their
employers
The following is the Riverside to El Segundo Buspool schedule:
AM Departure
AM Departure
AM Arrival
PM Departure
PM Arrival
PM Arrival
Galleria at Tyler, Riverside
Corona Park & Ride Lot
Raytheon, El Segundo
Raytheon, El Segundo
Corona Park & Ride Lot
Galleria at Tyler, Riverside
4.15 a.m.
4:25 a m.
5:20 a rn.
3.00 p.m.
4:30 p.m
4:45 p.m
Information on this buspool is available with rideshare programs at Raytheon, Aerospace
Corporation, and the Los Angeles Air Force base. Employees receive this information through
direct mailings, newsletter articles, and electronic messaging from these employers These
employer rideshare programs also share this information with other local employee
transportation coordinators.
Thank you for your continued support of this successful buspool program
Sincerely,
ez.
,er
Catalina Fuentes
Riverside Buspool Coordinator
AGENDA ITEM 11
RIVERS/DE COUNTY TRANSPORTATION COMM/SS/ON
DATE:
June 27, 2011
TO:
Western Riverside County Programs and Projects Committee
FROM:
Brian Cunanan, Commuter Assistance Manager
THROUGH:
Robert Yates, Multimodal Services Director
SUBJECT:
Fiscal Year 2011/12 Agreements for Regional Rideshare Services
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Agreement No. 11-41-140-00 with the San Bernardino Associated
Governments (SANBAG) as part of the Commission's continuing bi-county
partnership with SANBAG to deliver commuter/employer rideshare services,
regional ridematching services, and operation of an Inland Empire 511
(IE51 11 system for FY 201 1 /12;
2) Approve Agreement No. 10-41-029-02, Amendment No. 2 to
Agreement No. 10-41-029-00, with SANBAG to clarify the reimbursement
relationship regarding the FY 2010/2011 rideshare/IE511 agreement;
3) Approve the following agreements for regional ridematching services:
• Agreement No. 09-41-075-02, Amendment No. 2 to Agreement
No. 09-41-075-00, with the Los Angeles County Metropolitan
Transportation Authority (Metro);
• Agreement No. 11-41-139-00 with the Orange County Transportation
Authority (OCTA); and
• Agreement No. 06-41-082-06, Amendment No. 6 to Agreement
No. 06-41-082-00, with the Ventura County Transportation
Commission (VCTC) for regional ridematching services;
4) Authorize the Chair, pursuant to legal counsel review, to execute the
agreements on behalf of the Commission; and
5) Forward to the Commission for final action.
BACKGROUND INFORMATION:
Since 1993, SANBAG has contracted with the Commission to develop, implement
and manage a commuter assistance program (CAP) for San Bernardino County
commuters. The program consists of several projects:
Agenda Item 11
46
" T h e f i r s t , R i d e s h a r e I n c e n t i v e s , d e v e l o p e d a s a " s i s t e r " i n c e n t i v e p r o j e c t t o
t h e C o m m i s s i o n ' s M e a s u r e A c o m m u t e r i n c e n t i v e p r o j e c t , f o c u s e s o n
e n c o u r a g i n g s o l o d r i v e r s t o t r y a l t e r n a t i v e c o m m u t e m o d e s .
" R i d e s h a r e P l u s , m o d e l e d a f t e r t h e C o m m i s s i o n ' s r i d e s h a r e r e w a r d s p r o g r a m ,
p r o v i d e s d i s c o u n t s a t l o c a l m e r c h a n t s a n d e n t e r t a i n m e n t v e n u e s f o r
l o n g - t e r m r i d e s h a r e r s .
" I n l a n d E m p i r e C o m m u t e r S e r v i c e s ( I E C S ) w a s j o i n t l y e s t a b l i s h e d b y S A N B A G
a n d t h e C o m m i s s i o n i n F Y 1 9 9 5 / 9 6 w h e n i t w a s d e t e r m i n e d b y t h e t w o
a g e n c i e s t h a t t h e I n l a n d E m p i r e w o u l d a s s u m e d i r e c t r e s p o n s i b i l i t y f o r t h e
p r o v i s i o n o f l o c a l e m p l o y e r r i d e s h a r e s e r v i c e s . I E C S p r o v i d e s v a r i o u s
s e r v i c e s t o e m p l o y e r s i n t h e b i - c o u n t y a r e a i n c l u d i n g t h e p r o v i s i o n o f
m a r k e t i n g p r o m o t i o n s , r i d e s h a r e s u r v e y p r o c e s s i n g , t e c h n i c a l a s s i s t a n c e ,
e m p l o y e r n e t w o r k m e e t i n g s a n d e l e c t r o n i c n e w s l e t t e r s .
" I n F Y 2 0 0 2 / 0 3 , t h e C o m m i s s i o n a n d S A N B A G b e g a n p r o v i d i n g R i d e m a t c h i n g
a n d T e l e s e r v i c e s d i r e c t l y .
" I n F Y 2 0 0 9 / 1 0 , 1 E 5 1 1 w a s i m p l e m e n t e d t o p r o v i d e t r a v e l e r i n f o r m a t i o n t o
R i v e r s i d e a n d S a n B e r n a r d i n o C o u n t y c o m m u t e r s .
I n p a r t n e r s h i p w i t h S A N B A G , a F Y 2 0 1 1 / 1 2 w o r k p l a n a n d b u d g e t f o r c o n t i n u a t i o n
o f S A N B A G ' s C A P a n d t h e o n g o i n g m a i n t e n a n c e a n d o p e r a t i o n o f a 5 1 1 t r a v e l
i n f o r m a t i o n s e r v i c e s s y s t e m w a s d e v e l o p e d b y C o m m i s s i o n s t a f f . T h e p r o p o s e d
a g r e e m e n t b e t w e e n S A N B A G a n d t h e C o m m i s s i o n w a s a p p r o v e d b y S A N B A G ' s
B o a r d a t i t s J u n e 1 , 2 0 1 1 m e e t i n g . T h i s a p p r o v a l i n c l u d e s a n a l l o c a t i o n o f
M e a s u r e I a n d C M A Q f u n d s f o r t h e s e s e r v i c e s . S t a f f i s s e e k i n g C o m m i s s i o n
a p p r o v a l t o a m e n d i t s a g r e e m e n t w i t h S A N B A G f o r a t o t a l n o t t o e x c e e d a m o u n t o f
$ 1 . 8 m i l l i o n r e i m b u r s e d t o t h e C o m m i s s i o n . A l s o a p p r o v e d a t S A N B A G ' s
J u n e 2 0 1 1 b o a r d m e e t i n g w a s a n a m e n d m e n t t o t h e l a n g u a g e w i t h i n t h e e x i s t i n g
F Y 2 0 1 0 / 1 1 r i d e s h a r e / I E 5 1 1 a g r e e m e n t b e t w e e n t h e C o m m i s s i o n a n d S A N B A G t o
c l a r i f y t h a t t h e C o m m i s s i o n i s n o t a s u b r e c i p i e n t o f S A N B A G ' s f e d e r a l f u n d s .
I n s t e a d , t h e n e w l a n g u a g e w i l l r e f l e c t t h a t S A N B A G m a y u s e t h e s e f e d e r a l f u n d s t o
r e i m b u r s e t h e C o m m i s s i o n f o r i t s s e r v i c e s . L e g a l c o u n s e l h a s r e v i e w e d a n d
a p p r o v e d t h e p r o p o s e d l a n g u a g e r e v i s i o n s w h i c h , u p o n C o m m i s s i o n a p p r o v a l , w i l l
b e a m e n d e d i n t h e e x i s t i n g F Y 2 0 1 0 / 1 1 a g r e e m e n t a n d i n c o r p o r a t e d i n t o t h e n e w
F Y 2 0 1 1 / 1 2 a g r e e m e n t .
T h e C o m m i s s i o n ' s r o l e i n t r a n s p o r t a t i o n d e m a n d m a n a g e m e n t a l s o e x t e n d s b e y o n d
t h e b o u n d a r i e s o f t h e I n l a n d E m p i r e . S i n c e 2 0 0 2 , t h e C o m m i s s i o n h a s l e d t h e w a y
i n i m p l e m e n t i n g , o p e r a t i n g , a n d m a i n t a i n i n g t h e r e g i o n a l r i d e s h a r e d a t a b a s e
( r e g i o n a l d a t a b a s e ) t o s u p p o r t a c o o r d i n a t e d a n d e f f i c i e n t r i d e m a t c h i n g s e r v i c e
t h r o u g h o u t a f i v e - c o u n t y r e g i o n . S p e c i f i c a l l y , t h i s e n t a i l s p r o c e s s i n g c o m m u t e r
s u r v e y s , d a t a r e t r i e v a l , p r o j e c t r e p o r t i n g , r i d e g u i d e g e n e r a t i o n , n e t w o r k s e c u r i t y ,
s y s t e m m a i n t e n a n c e a n d o p e r a t i o n . M e t r o , O C T A , S A N B A G , a n d V C T C h a v e
c o n t r a c t e d w i t h t h e C o m m i s s i o n f o r t h e a d m i n i s t r a t i o n o f t h e r e g i o n a l d a t a b a s e f o r
t h e p a s t n i n e y e a r s .
A g e n d a I t e m 1 1
4 7
Funding of the regional database is split among the five county transportation
commissions based on population percentage split. SANBAG's portion of this work
is included in the rideshare/IE511 agreement discussed above. Metro and VCTC
are in the process of amending and seeking approval of their respective agreements
with the Commission to extend the term through FY 2011/12. OCTA is in the
process of drafting a new two year agreement with the Commission for approval.
Staff is seeking Commission approval to enter into agreements with the five county
transportation commissions for FY 2011/12 services by the Commission for an
aggregate amount not to exceed $349,000 as reimbursements to the Commission.
Financial Information
In Fiscal Year Budget:
Yes
Year:
FY 2011/12
Amount:
$2,149,000
Source of Funds:
SANBAG, Metro, OCTA and VCTC
funds
Budget Ad ustment:
No
0021 1 1 /0021 12/6321 13/002127/002139/002146/002178/002182/
002186/002188/002191 /002193 414 41403 0000 263 41 41401
GLA No.:
452124 416 41605 0000 202 45 41203
452124 414 41403 0000 202 45 41401
Fiscal Procedures Approved:
\14,4,444;1 L
Date:
06/14/11
Attachments:
1) FY 2011/12 SANBAG Agreement and Scope of Work
2) FY 2010/1 1 SANBAG Amendment
3) FY 2011/12 Regional Ridematch Database Services Scope of Work
Agenda Item 11
48
ATTACHMENT 1
AGREEMENT
BETWEEN
SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
FOR
IMPLEMENTATION OF SAN BERNARDINO COUNTY FISCAL YEAR
2011/2012 EMPLOYER AND COMMUTER
TRIP REDUCTION/RIDESHARE PROGRAMS
THIS AGREEMENT ("Agreement") is entered into as of this 1S1 day of July 2011, in the State of
California by and between SAN BERNARDINO ASSOCIATED GOVERNMENTS, referred to
herein as "SANBAG," and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION,
referred to herein as "RCTC."
WHEREAS, SANBAG approved allocation of Measure I - Valley Traffic Management and
Environmental Enhancement (TMEE) funds and Safe, Accountable, Flexible, Efficient
Transportation Equity Act — A Legacy to Users (SAFE -TEA LU) Congestion Mitigation and Air
Quality (CMAQ) funds, the allocation of SAFE -TEA LU (initially approved in October of 2005
by SANBAG board), to provide trip reduction services as well as incentives for the commuter
programs; and,
WHEREAS, SANBAG receives SAFE -TEA LU and other federal funds and may use these
funds to reimburse RCTC for its services in performing Employer and Commuter Trip
Reduction/Rideshare Services and RCTC will comply with all applicable federal requirements
concerning these federal funds including the Catalog of Federal Domestic Assistance Title No.
20.205.
WHEREAS, SANBAG requires professional and consulting services with respect to the
provision of commuter services and programs within San Bernardino County; and,
WHEREAS, RCTC has managed the bi-county inland Empire Commuter Services program
since November 3, 1993, and has the expertise and resources necessary to manage such services
for SANBAG.
NOW, THEREFORE, the parties agree as follows:
A. Contract Services.
1. RCTC will administer, market, and implement a commuter services
and 511 programs in coordination with RCM's commuter services program and in coordination
with the regional ridesharing core services program in compliance with and as specified in the
scope of work, Attachment "A," attached hereto and incorporated herein by reference.
2. RCTC shall provide program administration and oversight and assure
that its consultants and/or staff performs its services within the budgets set forth in the scope of
work, Attachment "A."
C12001.dooc
Page 1 of R
3. RCTC shall provide SANBAG with a monthly statistical report of
progress relative to tasks identified in the scope of work, Attachment "A", to this Agreement and
in such detail as may be approved by SANBAG.
B. Compensation.
1. It is understood that SANBAG funding for the program under this
Agreement will not exceed one million eight hundred thousand, and no cents ($1,800,000.00)
and is being provided from the following sources:
(a) One million five hundred and ninety-three thousand, five
hundred and forty dollars and no cents ($1,593,540) from CMAQ funds, and
(b) Two hundred and six thousand, four hundred, sixty dollars
and no cents ($206,460.00) from San Bernardino County local 1/2 cent sales tax, Measure I -
Valley Funds.
2. RCTC shall follow all federal laws, regulations, as well as
requirements imposed by SANBAG, as it pertains to the expenditure of SAFE -TEA LU funds as
well as their subrecipient status. RCTC shall meet the Single Audit and Office of Management
and Budget (OMB) Circular No. A-133 requirements for this fiscal year.
3. It is agreed that SANBAG Measure I Funds will reimburse RCTC for
the cost of purchasing any items not reimbursable by CMAQ, and invoices submitted to
SANBAG shall clearly delineate CMAQ non -reimbursable expenditures. It is agreed that in the
event sufficient funds from the sources set forth in (a) and (b) above do not become available to
SANBAG for this Agreement, SANBAG may immediately terminate this Agreement with
written notice, but shall pay to RCTC from other sources any amounts required to cover RCTC's
costs to the date of Agreement termination.
4. SANBAG shall pay RCTC on a cost -reimbursement basis, based upon
invoices which delineate charges based on tasks identified in the scope of work, Attachment"A."
All invoices shall be provided to SANBAG no more frequently than on a bi-monthly basis and
no less than a quarterly basis.
5. SANBAG shall be fully responsible for obtaining cost reimbursements
of CMAQ funds. SANBAG shall monitor RCTC, as necessary, to ensure that the SAFE -TEA
LU funds are used for authorized purposes in compliance with laws, regulations, and the
provision of the terms in this agreement, and that performance goals are achieved. RCTC shall
provide to SANBAG its annual audit report and should there be any fmdings, RCTC shall ensure
SANBAG that it has taken all appropriate and timely corrective action.
6. SANBAG shall review all billings submitted by RCTC for accuracy
and process payment based thereon to RCTC in a timely manner.
7. RCTC shall maintain during the term of this Agreement and for three
years thereafter accounting records which cover the receipt and disbursement of all funds
provided for the programs administered and implemented under this Agreement. Such records
shall be made available for inspection during normal business hours by duly authorized
representatives of SANBAG, SANBAG's auditors, Caltrans, Federal Highway Administration,
and the United States Department of Transportation, so that SANBAG can comply with the
Single Audit Act and OMB Circular No. A-133.
c12001.do« Page 2 of ti
flB3D
C. Term.
1. This Agreement shall commence on July 1, 2011 and terminate on
June 30, 2012, unless it is extended by a written amendment approved by the parties.
2. Either party may terminate this Agreement by giving thirty (30) days
written notice to the other for no or any reason, including, but not limited to, changes in
legislation, rules and regulations impacting trip reduction programs. SANBAG shall pay for any
service provided up to the effective date of the termination.
3. The Executive Directors of both RCTC and SANBAG shall have the
authority in their sole discretion to give notice of termination on behalf of their respective
agencies.
D. Indemnification and Insurance.
1. (a) It is understood and agreed that neither RCTC nor any officer,
official, employee, director, consultant, agent, or volunteer thereof is responsible for any damage
or liability occurring by reasons of anything done or omitted to be done by SANBAG under or in
connection with any work authority or jurisdiction delegated to SANBAG under this Agreement.
It is understood and agreed that, pursuant to Government Code Section 895.4, SANBAG shall
fully defend,; indemnify' and save harmless RCTC, and all its officers, efployees, consultants
and agents from all claims, suits or actions of every name, kind, and description brought for or
on account of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by SANBAG under or in connection with any work,
authority or jurisdiction delegated to SANBAG under this Agreement.
(b) It is understood and agreed that neither SANBAG nor any officer,
official, employee, director, consultant, agent, or volunteer thereof is responsible for any damage
or liability occurring by reasons of anything done or omitted to be done by RCTC under or in
connection with any work authority or jurisdiction delegated to RCTC under this Agreement. It
is understood and agreed that, pursuant to Government Code Section 895.4, RCTC shall fully
defend, indemnify and save harmless SANBAG, and all its officers, employees, consultants and
agents from all claims, suits or actions of every name, kind, and description brought for or on
account of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by RCTC or its consultants under or in connection with any
work, authority or jurisdiction delegated to RCTC under this Agreement.
2. Insurance Requirements
Without anyway affecting the indemnity provision identified in this Contract, RCTC shall, at the RCTC's
sole expense, and prior to the commencement of any work, procure and maintain in full force, insurance
through the entire term of this Agreement. and shall be written with at least the following limits of
liability:
(a) Professional Liability - Shall be provided in an amount not less than $1,000,000, per
claim and $2,000,000 in the aggregate. RCTC shall secure and maintain this insurance or
"tail" coverage provided throughout the term of this Contract and for a minimum of three
(3) years after Contract completion.
(b) Workers' Compensation - Worker's Compensation insurance shall be provided in an
amount and form to meet all applicable requirements of the Labor Code of the State of
c12001.docx Page 3 of $
1$
California, including Employers Liability with $250,000 limits, covering all persons
providing services on behalf of RCTC and all risks to such persons under this Agreement.
(c) Commercial General Liability - To include coverage for Premises and Operations,
Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability,
Broad -Form Property Damage and Independent Contractors' Liability, in an amount of
not less than $1,000,000 per occurrence, combined single limit, and $2,000,000 in the
aggregate written on an occurrence form. For products and completed operations a
$2,000,000 aggregate shall be provided.
(d) Automobile Liability - To include owned, non -owned and hired automobiles, in an
amount of not less than $1,000,000 per occurrence, combined single limit, and in the
aggregate written on an occurrence form.
(e) Network and Privacy Insurance. RCTC shall carry, or shall cause its third
party contractor to carry, Network and Privacy (Errors and Omissions) insurance in an amount of
not less than $1,000,000 per claim and $1,000,000 in the annual aggregate, protecting RCTC and
SANBAG from the following exposures relating to RCTC's or any of its subcontractors
performance under the Agreement:
(i) the theft, dissemination and/or unauthorized disclosure of use of
confidential information and personally identifiable information (not to be
limited bank information, social security numbers, health information,
credit card account information, and confidential corporate information).
Such insurance shall also include coverage for credit monitoring,
notification expenses and other related costs associated with mitigating a
data security or privacy breach; and
(ii) the introduction of a computer virus into, or otherwise causing damage
to, a computer, computer system, network or similar computer -related
property and the data, software, and programs used herein.
If such insurance is maintained on an occurrence basis, RCTC or its third party contractor shall
maintain such insurance for an additional period of one year following the end of the applicable
Term. If such insurance is maintained on a claims -made basis, RCTC or its third party
contractor shall maintain such insurance for an additional period of three year following the end
of the applicable Term.
(f). Umbrella/Excess Liability Insurance:
Proof of Coverage- RCTC shall furnish certificates of insurance to SANBAG
evidencing the insurance coverage required above, prior to the commencement of
performance of services hereunder, and such certificates shall include San Bemardino
Associated Govemments/San Bernardino County Transportation Authority) as additional
insured on Comprehensive General Liability Insurance or Commercial General Liability
Insurance and auto insurance. Prior to commencing any work, ROTC shall furnish
SANBAG with a certificate(s) of insurance, executed by a duly authorized representative
of each insurer, showing compliance with the insurance requirements set forth in this
Article. If the insurance company elects to cancel or non -renew coverage for any reason,
the CONSULTANT will provide SANBAG 30 days' notice of such cancellation or
nonrenewal. If the policy is cancelled for nonpayment of premium, the RCTC will
provide SANBAG ten (10) days' notice. RCTC shall maintain such insurance from the
C12001.docx Page 4 of q
U.2
time RCTC commences performance of services hereunder until the completion of such
Services. All certificates of insurance are to include the contract number and Project
Manager' name.
(g) Additional Insured- All policies, except for Workers Compensation and
Professional Liability policies, shalt contain endorsements naming SANBAG and its
officers, employees, agents, and volunteers as additional insureds with respect to
liabilities arising out to the performance of Services hereunder. The additional insured
endorsements shall not limit the scope of coverage for SANBAG to vicarious liability but
shall allow coverage for SANBAG to the full extent provided by the policy.
(h) Waiver of Subrogation Rights - RCTC shall require the carriers of the above
required coverages to waive all rights of subrogation against SANBAG, its officers,
employees, agents, volunteers, contractors, and subcontractors. All general auto liability
insurance coverage provided shall not prohibit RCTC or CONSULTANT'S employees or
agents from waiving the right of subrogation prior to a loss or claim. CONSULTANT
hereby waives all rights of subrogation against SANBAG.
(i) All policies required herein are to be primary and non-contributory with any
insurance carried or administered by SANBAG.
(j) Certificates/Insurer Rating/Cancellation Notice.
(1) RCTC shall maintain and shall require its consultants to
maintain such insurance from the time the Services commence until the Services are completed,
except as may be otherwise required by this Section.
(2) RCTC may legally self -insure, but shall require its
consultants to place insurance with insurers having an A.M. Best Company rating of no less than
A: VIII and licensed to do business in California.
(3) RCTC and its consultants shall replace certificates, policies
and endorsements for any insurance expiring prior to completion of the Services.
E. Rights of SANBAG and RCTC.
The Executive Directors of both SANBAG and RCTC shall have full authority to exercise their
respective entity's rights under this contract.
F. Ownership of Materials/Confidentiality/Use of Data.
(1) Ownership. All materials and data, including data on magnetic media,
prepared by RCTC under this Agreement shall become the common property of the RCTC and
SANBAG. RCTC and SANBAG shall not be limited in any way in its use of such data at any
time, provided that any such use not within the purposes intended by this Agreement shall be at
the respective party's sole risk and provided that the other party shall be indemnified against any
damages resulting from such use, including the release of this material to third parties for a use
not intended by this Agreement. Neither party to this Agreement shall sell the data or other
materials prepared under this Agreement without the written permission of both parties.
C12001.docx
Page 5 of q
§§
(2) Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
materials described in subsection (1) either created by or provided to RCTC in connection with
the performance of this Agreement shall be held confidential by ROTC. Such materials shall
not, without the prior written consent of SANBAG, be used by RCTC 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. Nothing furnished to RCTC that is
otherwise known to ROTC or is generally known, or has become known, to the related industry
shall be deemed confidential. RCTC shall not use SANBAG's name or insignia, photographs of
the project, or any publicity pertaining to the Services in any magazine, trade paper, newspaper,
television or radio production or other similar medium without the prior written consent of
SANBAG.
(3) Use of Data. All data shall be provided to SANBAG in hard copy and
electronic media. Data in electronic media shall be provided in a form that will allow SANBAG
to use, access, and manipulate the data to prepare reports and perform other ride matching
activities contemplated by this Agreement.
G. Independent Contractor. SANBAG retains RCTC on an independent contractor
basis and RCTC and its consultants shall not be employees of SANBAG. The consultants and
other personnel performing the Services under this Agreement on behalf of RCTC shall at all
times -be under RGTC's exclusive direction and control. RCTC shall -pay all wages; salaries, and
other amounts due its employees in connection with their performance of Services under this
Agreement and as required by law. RCTC shall be responsible for all reports and obligations
respecting such employees, including, but not limited to, social security taxes, income tax
withholding, unemployment insurance, and workers' compensation insurance.
H. Attorneys' Fees and Costs. If any legal action is instituted to enforce or declare
any party's rights hereunder, eack party, including the prevailing party, must bear its own costs
and attomeys' fees. This paragraph shall not apply to those costs and attorneys' fees directly
arising from any third party legal action against a party hereto and payable under Paragraph 3E,
Indemnification and Insurance.
I. Consent. Whenever consent or approval of any party is required under this
Agreement, that party shall not unreasonably withhold nor delay such consent or approval.
c12001.do« Page 6 of
IN WITNESS THEREOF, THE AUTHORI7FD PARTIES HAVE BELOW SIGNED AND
EXECUTED THE AGREEMENT ON THE EFFECTIVE DATE:
SAN BERNARDINO ASSOCIATED RIVERSIDE COUNTY
GOVERNMENTS TRANSPORTATION COMMIISSION
Brad Mitzelfelt, President Greg Pettis, Chairman
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM
SANBAG FOR RCTC
Penny Al , SANBAG Counsel Best, Best & Krieger, LLP, General Counsel
cinoi.docx Z Page 7 of I
�Z
Attachment "A "
Scope of Work
San Bernardino Employer and Commuter Assistance Programs
Fiscal Year 2011-12
Inland Empire Rideshare Services
Provide a variety of services to employers and commuters, who participate in trip reduction
activities. Activities shall include, but not be limited to: RideGuide/survey services, employer
technical assistance, promotions, RideGuide production, coordination/dissemination of surveys
and resulting report analysis for target marketing, Rideshare Connection broadcast e-mails,
CommuteSmart News, networking meetings and coordination with other rideshare agencies and
service providers. Assist multi -site and multi -jurisdictional headquarters employers within the
County as well as related worksites outside of the County. Oversee and maintain a regional
website (CommuteSmart.info), IE511.org website, social media platforms, and other regional
products/outreach as assigned. Respond to inquiries generated from 511, 1-800-COMMUTE, 1
866-RIDESHARE, CommuteSmart.info, as well as direct referrals. Oversee and maintain a
regional database of commuters, working with the five county transportation commission's
(CTCs) throughout the region. Market the regional Guaranteed Ride Home Program to
employers in San Bernardino County. Assist in the County's leased Park'N'Ride lot program.
Operate the 511 program through phone and web services, providing enhancements, resolving
issues, conducting marketing and periodic surveys. Conduct special projects and studies, as
assigned.
Related Expenses ($1,035,774):
Includes labor, office expenses, marketing materials, office equipment, computer programming,
telephone and other direct expenses.
Goals:
1. Implementation of commuter assistance programs to approximately 380 regulated and
non -regulated employer worksites in San Bernardino County, to assist in the development
and implementation of trip reduction programs and for technical assistance.
2. Work with 85 employers on AVR/Transportation surveys and AVR calculations.
3. Maintain an accurate database of 57,000 active San Bernardino County commuter registrants,
resulting from completed commuter surveys at 85 San Bernardino County employers.
4. Disseminate 17,000 RideGuides to San Bernardino County commuters at 380 worksites.
5. Provide assistance to five multisite/multijurisdictional headquarters located in
San Bernardino County representing 18 worksites in San Bernardino, Riverside, as well as
Los Angeles and Orange counties.
C12001.docx
Page 8 ofj
6. Develop and implement three employer transportation network meetings, one promotional
marketing campaign at San Bernardino employer worksites, and other events.
7. Produce and disseminate other regional marketing materials, as standalone campaigns within
the Inland Empire or regional campaigns in coordination with the five CTCs.
8. Broadcast 14 Rideshare Connection a -mails to San Bernardino County employers.
9. For the two -county area, respond to 2,000 inquires/calls from commuters who work or reside
in San Bernardino or Riverside counties, via 1-866-RIDESHARE, 1-800-COMMUTE,
CommuteSmart.info, 511, direct referrals and other internet sources. Of these 2,000 inquiries,
360 RideGuides will be generated. In addition, 500 Inland residents will register in the
database via the www.CommuteSmart.info and the www.ie511.org website.
10. Manage and operate the 511 system which will be available to commuters 24 hours a day, 7
days per week, 365 days per year.
11. The 511 phone system will provide assistance to 7,200 callers per month throughout the year.
The system will have the capacity to handle 100,000 concurrent callers.
12. The www.ie511.org website will potentially receive 6,400 unique visitors per month .
Website will be able to handle 100,000 concurrent users.
13. Continue 511 marketing/outreach.
14. Conduct periodic surveys to determine the 511 program use, effectiveness and customer
satisfaction.
15. Provide website and phone enhancements/upgrades as needed.
Rideshare Incentive Programs
Option Rideshare offers San Bernardino County residents who commute to work, up to $2 a day
(in local merchant gift cards) for each day they participate in a rideshare mode, during a three-
month period. The Vanpool Incentive Program provides up to $1,800 over nine months in
discounted vanpool fares. Team Ride provides ongoing ridesharers who reside in San
Bernardino County a Rideshare Plus Rewards Book, with discount coupons from more than
135,000 merchants throughout the southland.
Related Expenses ($764,226):
Includes labor, office expenses, marketing materials, office equipment, computer programming,
telephone, direct commuter incentives (gift cards/ subsidies) and other direct expenses.
Goals:
1. The Option Rideshare program will enlist 1,490 County residents, who commute to work to
150 employers in Southern California. These participants on average have a one-way
commute distance of 27.59 miles and the goal is to reduce 136,000 one way vehicle trips
from the roadways.
2. Team Ride registrants will consist of 8,000 members by the end of December 2010, when the
program is at its highest membership. Members will work at employment sites from 380
employers throughout Southern California.
C12001.docx
Page 9 of R
�4
ATTACHMENT 2
AMENDMENT NO.2 TO CONTRACT 09-190 (1000152)
BY AND BETWEEN
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND
SAN BERNARDINO ASSOCIATED GOVERNMENTS
FOR
IMPLEMENTATION OF SAN BERNARDINO COUNTY EMPLOYER AND
COMMUTER TRIP REDUCTION/RIDESHARE PROGRAMS
This Amendment No. 2 to Contract No. 09-190 ("Contract') is entered into as of June 1, 2011,
by and between San Bernardino Associated Governments ("SANBAG") and the Riverside
County Transportation Commission ("RCTC').
WHERAS, SANBAG and RCTC have previously entered into the Contract 09-190, as amended
by Amendment No. 1, wherein SANBAG engaged RCTC to implement and manage the bi-
county Inland Empire Employer and Commuter Trip Reduction/Rideshare Programs; and,
WHEREAS, SANBAG and RCTC desire to amend the Contract to modify language that defines,
in part, their contractual relationship.
NOW, THEREFORE, the parties agree to amend the Contract in the following manner-
1. Delete entirely the third Recital on page one:
"WHEREAS, RCTC is a sub recipient of SANBAG SAFE -TEA LU
funds, and shall adhere to the Catalog of Federal Domestic
Assistance Title No. 20.205; and,"
2. Add a new third Recital on page one that states:
"WHEREAS, SANBAG receives SAFE -TEA LU and other federal
funds and may use these funds to reimburse RCTC for its services in
performing Employer and Commuter Trip Reduction/Rideshare
Services and RCTC will comply with all applicable federal
requirements concerning these federal funds including the Catalog of
Federal Domestic Assistance Title No. 20.205"
3. Except as Amended by this Amendment No. 2, all other provisions
of Contract 09-190 remain in full force and effect.
C09190-02.docx
IN WITNESS THEREOF, the authorized parties have below signed and executed this
Amendment No. 2, and shall be effective on the date set forth above.
SAN BERNARDINO ASSOCIATED
GOVERNMENTS
RIVERSIDE COUNTY
TRANSPORTATION COMMISSION
Brad Mitzelfelt, SANBAG President Greg Pettis, RCM Chair
APPROVED AS TO FORM
APPROVED AS TO LEGAL FORM
FOR SANBAG FOR RCTC
Penny Ale
SANBAG
C09190-02.aoac
Best, Best & Krieger, LLP
General Counsel
ATTACHMENT 3
Riverside County Transportation Commission
REGIONAL RIDEMATCH DATABASE SERVICES
FY 11/12 SCOPE OF WORK
Manage the regional ridematch database system and parallel school database system on
behalf of and in partnership with the County Transportation Commission's (CTC's).
Each database will be secured from tampering yet accessible to users needs with timely
and accurate software. Monitor and maintain the performance of the hardware and
connectivity software of the regional ridematch local area network, web facing servers,
Citrix servers, ridematching website and Exchange server. Maintenance of the
ridematching and school software will be coordinated with the software vendor, Trapeze,
and their designated product support staff. Monitor network and server performance to
ensure that quality and throughput are optimum and that system integrity is maintained.
Task l: Manage and coordinate the regional rideshare database system in partnership
with the CTC's to ensure the effective delivery of ridematching services to employers,
TMA's and commuters of the five county region. Coordinate software and database
maintenance and installation of enhancements. Work with CTC staffs to identify needs
or program refinements on an annual basis, including AVR Program refinements as
required by the South Coast Air Quality Management District (SCAQMD) and/or
Ventura County Air Pollution Control District (VCAPCD). Work with Trapeze staff to
develop programs to satisfy identified needs, and to install and test them. Install periodic
updates from Trapeze. Monitor the system and augment security and data access controls
as needed to maintain the confidentiality of information, including an annual
vulnerability and penetration test by a contractor secured by Riverside County
"Transportation Commission (RCTC). Task includes travel expense for three visits per
year to each CTC office, if necessary, and annual license maintenance fees. Also
includes the annual cost of testing for web site security against a hack attack.
a. Review RidePro error logs on a daily basis, assess error messages to determine
next steps, take action with the appropriate entities (i.e., internal action, CTC's or
Trapeze support staff) to secure resolution of issues.
b. Install product updates and enhancements including customized programming
authorized by CTC's. Provide testing of new programs and enhancements to
ensure that programs are functioning correctly and that any program compatibility
issues are resolved.
c. Maintain annual "Wish List" of programming needs and coordinate programming,
installation and testing with Trapeze staff.
d. Monitor performance of the servers, routers and switches to ensure system is
operating at peak performance.
1
60
e. Review all security logs as they are collected via GF1.
f. Work with selected contractor to facilitate web testing for security.
g. Report any system downtime to CTC's.
h. Up to three visits per year to each CTC location for system maintenance.
i. Facilitate collective policy decisions relating to operational and procedural
functionality of the system.
j. Provide liaison between the CTC's and the SCAQMD for maintenance and
required updates to the AVR functions of the databases.
k. Coordinate with CTC technical staffs regarding hardware specifications and
conformity.
I. Produce Monthly Rddeshare Services Report of regional ridematching activity.
Task 2: Maintain the address geo-coding database for translation of street addresses and
intersections into geographic references for ridematching, mapping, and other geographic
referential products. On a bi-annual basis include a zip code overlay in the update of the
digital base maps. Zip code overlay will be purchased and implemented by Trapeze.
a. Coordinate annual updates of digital base maps with CTC's and Trapeze.
b. identify and resolve any discrepancies in digital base maps in response to
geocoding anomalies.
Task 3: Maintain computer software (i.e., RidePro administrative tracking) to accurately
and concisely track rideshare database activities and services for reporting to CTC's.
a. Quarterly rideshare database report including website activity.
Task 4: Provide technical and help desk support services to CTC staffs. Provide
assistance with troubleshooting of problems related to functionality of software and/or
wide area network connectivity. Provide training or instructional materials on new
programs and functions within the RidePro and AVR databases to CTC staffs.
a. Respond daily to on-line and telephone technical inquires and trouble reports.
b. Assess source of reported problems, determine appropriate actions, and facilitate
resolution by appropriate staff.
c. Prepare and distribute quarterly summary of reported problems and actions taken.
2
61
d. Provide "help" information as needed to all users.
e. Provide liaison between CTC's and Trapeze product support staff.
Task 5:
A. Operating Equipment
Maintain computer system hardware, consistent with the specifications provided by
Trapeze Software and agreed to by the CTC's, to accommodate the regional rideshare
database, and the implementation and operation of the LocalArea Network. Repair or
replace hardware items as needed or as recommended by the "End of Life" (EOL) cycle
by the product manufacture (no longer supported).
I. Periodic hardware and software maintenance of Database Servers, Storage Area
Network, two Citrix Terminal Services Servers for remote access, Web Server,
Job Process Server, workstation for network administration, and various routers,
firewalls and switches as needed.
B. Network Connectivity
Maintain the configuration of four bonded Tl lines, connection to efficiently operate the
LAN/WAN.
1. Monitor and troubleshoot operation of four bonded T1 Circuits for Ridematching
Website access and for access to Terminal Services Server via Citrix.
2. Monitor and troubleshoot access lines to ensure operational integrity and security.
On -going analysis of capacity issues and recommendations for additions or
improvements.
3
62
AGENDA ITEM 12
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE:
June 27, 2011
TO:
Western Riverside County Programs and Projects Committee
FROM:
Brian Cunanan, Commuter Assistance Manager
THROUGH:
Robert Yates, Multimodal Services Director
SUBJECT:
Amendments to Freeway Service Patrol Agreements
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve Amendment No. 07-45-134-03, Amendment No. 3 to
Agreement No. 07-45-134-00, with Pepe's Towing to provide freeway
service patrol (FSP) services on Beat No. 4 in the amount of $180,000;
2) Approve Amendment No. 06-45-046-04, Amendment No. 4 to
Agreement No. 06-45-046-00, with Tri-City Towing to provide FSP services
for Beat No. 8 in the amount of $100,000 and to increase the term of the
agreement through December 31, 201 1;
3) Authorize the Chair, pursuant to legal counsel review, to execute the
agreements on behalf of the Commission; and
4) Forward to the Commission for final action.
BACKGROUND INFORMATION:
At its May 2007 meeting, the Commission awarded two Freeway Service Patrol
(FSP) contracts to Armada Towing (Armada) for tow truck service on Beat
Nos. 4 and 8. Beat No. 4 operates with three trucks on State Route 91 between
Magnolia Avenue in Riverside and the 60/91 /215 interchange. This includes FSP
mid -day coverage and night time closure support during the construction of
SR-91/Van Buren Boulevard interchange improvements. Beat No. 8 operates with
two trucks on SR-60 between the 60/215 interchange and Theodore Street in
Moreno Valley. Each contract awarded was for a three-year term with two one-year
options to extend the agreements.
DISCUSSION
Last month, staff met with Armada to discuss its performance on Beat Nos. 4 and
8. In particular, staff was not satisfied with the amount of downtime experienced
on these beats. In instances of downtime, an operator is penalized at three times
the hourly rate in one minute increments; however, the major concern for staff is
Agenda Item 12
63
that motorists are not being assisted during these periods. Armada placed the
blame for the downtime on the trucks that it purchased to service these beats.
Staff asked if there was an opportunity for Armada to remedy the truck issues to
eliminate downtime issues; however, Armada was not confident that it could fulfill
that request. Ultimately, Armada made a business decision to opt out of the
second and final option year of its contract.
Staff approached the other tow operators currently in the FSP program, Pepe's
Towing and Tri-City Towing, to inquire if they had the equipment and the resources
available to provide temporary coverage on Beat Nos. 4 and 8 until these beats
could be competitively bid and awarded. Both FSP operators provided assurances
that they could cover these beats during the procurement process. Contractually,
this work could be provided through existing contracts with Pepe's and Tri-City
under the extra work provision.
Staff intends to release requests for proposals for FSP tow services on several
beats at the end of June with a start date of January 2012 for Beat Nos. 4 and 8.
Therefore, coverage of these beats will be needed for a six-month period.
Accordingly, staff recommends amending Agreement No. 07-45-134-00 with
Pepe's Towing to add $180,000 to support coverage on Beat No. 4 that includes
incremental FSP service during construction of SR-91 /Van Buren Boulevard
interchange improvements. Staff also recommends amending Agreement
No. 06-45-046-00 with Tri-City Towing to add $100,000 solely to support
coverage on Beat No. 8 and to extend the contract term to December 31, 2011.
These beat assignments are based on proximity of the FSP operators' office
location to Beat Nos. 4 and 8. Lastly, this beat reallocation will result in a net
savings; therefore, a budget adjustment will not be required.
Financial Information
In Fiscal Year Budget:
Yes
Year:
FY 2011/12
Amount:
S280,000
Source of Funds:
State of California — 80%
SAFE DMV Fees — 20 /o
Budget Adjustment:
No
GLA No.:
201 45 81014
Fiscal Procedures Approved:
Ni64,4`ytt
Date:
06/14/11
Attachment:
1) Draft Amendment No. 07-45-134-03 with Pepe's Towing
2) Draft Amendment No. 06-45-046-04 with Tri-City Towing
Agenda Item 12
64
ATTACHMENT 1
Agreement No. 07-45-134-03
AMENDMENT NO. 3
TO FREEWAY SERVICE PATROL AGREEMENT
WITH PEPE'S TOWING
FOR TOW TRUCK SERVICE BEAT NO. 18
1 PARTIES AND DATE
This Amendment No. 3 to the Agreement for Tow Truck Services is made and
entered into as of July 1, 2011, by and between the RIVERSIDE COUNTY
TRANSPORTATION COMMISSION acting as the SERVICE AUTHORITY FOR
FREEWAY EMERGENCIES ("SAFE"), a public entity, and PEPE'S TOWING
("Contractor"), a California corporation.
2. RECITALS
2.1 SAFE and the Contractor entered into an agreement dated July 1, 2007
for the purpose of providing freeway service patrol services for Beat No.
18 (the "Master Agreement").
2.2 SAFE andContractorhave entered into an Amendment No. 1 dated July
1, 2010 for the purpose of extending the term and providing additional
compensation for the continued provision of freeway service patrol
services.
2.3 SAFE and Contractor have entered into an Amendment No. 2 dated July
1, 2011 for the purpose of extending the term and providing additional
compensation for the continued provision of freeway service patrol
services.
2.4 SAFE and Contractor now desire to amend the Master Agreement in order
to provide additional freeway service patrol services and to provide
additional compensation for the added services.
3. TERMS
3.1 The Scope of Services for the Master Agreement shall be amended to
include the Services, as that term is defined in the Master Agreement,
required to provide freeway service patrol services for Beat 4, as more
fully described in this Amendment No. 3.
1733E 0002A15914036.2
1
65
3.2 Freeway service patrol services for Beat 4 to be performed pursuant to
this Amendment No. 3 include service on State Route 91 between
Magnolia Avenue in Riverside and the 60/91/215 interchange and includes
mid -day coverage and night time closure support during the construction
of the SR-91 Nan Buren Boulevard interchange improvements.
3.3 The hourly rate, as set forth in Section 3.0 of the Master Agreement, for
services provided under this Amendment shall be Fifty -One Dollars and
No Cents ($51.00) per hour.
3.4 The maximum compensation to be provided under this Amendment shall
be One Hundred Eighty Thousand Dollars ($180,000.00). Compensation
shall be paid in the same manner as provided for in the Master
Agreement.
3.5 Freeway service patrol services shall be performed and provided pursuant
to the Master Agreement.
3.6 Pepe's Inc. agrees and acknowledges that, "since it is doing business with
SAFE as Pepe's Towing Service, a fictitious business name, Pepe's Inc. is
liable and responsible for all obligations of "Contractor" as set forth under
the Master Agreement, as amended by Amendment No. 1, Amendment
No. 2, and this Amendment No. 3.
3.7 Except as amended by this Amendment No. 3, all provisions of the Master
Agreement and all previous amendments, including without limitation the
indemnity and insurance provisions, shall remain in full force and effect
and shall govern the actions of the parties under this Amendment.
17336.0002A15914036.2
2
66
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first herein written above.
RIVERSIDE COUNTY PEPE'S INC.
TRANSPORTATION COMMISSION d/b/a PEPE'S TOWING
ACTING AS THE SERVICE
RIVERSIDE COUNTY SERVICE
AUTHORITY FOR FREEWAY
EMERGENCIES
By: By:
Gregory S. Pettis, Chairman
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP,
General Counsel
17336.0002 A\5914036.2
3
(Title)
67
ATTACHMENT 2
Agreement No. 06-45-046-04
AMENDMENT NO. 4 TO
AGREEMENT FOR FREEWAY SERVICE PATROL SERVICES FOR BEAT #2
WITH TRI CITY TOWING, INC.
1. PARTIES AND DATE
This Amendment No. 4 to the Agreement for Freeway Service Patrol Services is
made and entered into as of this day of 2011, by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") acting as the
SERVICE AUTHORITY FOR FREEWAY EMERGENCIES ("SAFE") and TRI-CITY
TOWING, INC. ("Contractor"), a California corporation.
2. RECITALS
2.1 SAFE and the Contractor entered into an agreement dated July 3, 2006
for the purpose of providing; freeway service patrol services for Beat No.
2 (the "Master` Agreement").'
2.2 SAFE and the Contractor entered into Amendment No. 1 to the Master
Agreement dated June 1, 2009 for the purpose of extending the term of
the Master Agreement for an additional twelve (12) months through June
30, 201-0 and for the provision of additional compensation for the
continued provision of freeway service patrol services.
2.3 > SAFE and the Contractor entered into Amendment No. 2 to the Master
Agreement dated September 2, 2009 for the purpose of additional
funding to reimburse Contractor for one (1) additional truck added to Beat
No. 2 from May 14, 2009 through June 30, 2009.
2.4 SAFE and the Contractor entered into Amendment No. 3 to the Master
Agreement dated July 1, 2010 for the purpose extending the term for an
additional twelve (12) months through June 30, 2011 and for the
provision of additional compensation for the continued provision of
freeway service patrol services.
2.5 The parties now desire to amend the Master Agreement in order to
provide additional freeway service patrol services, extend the term and to
68
provide additional compensation for the provision of freeway service
patrol services.
3. TERMS
3.1 The Scope of Services for the Master Agreement; shall be amended to
include the Services, as that term is defined in the Master Agreement,
required to provide freeway services patrol_ services for Beat 8, as more
fully described in this Amendment No.4.
3.2 Freeway service patrol services for Beat 8 to be performed pursuant to
this Amendment No. 4 include service on State Route 60 between the
60/215 interchange and Theodore, Street in Moreno Valley.
3.3 The term of the Master Agreement shall be amended to provide for an
additional term of six months, commencing on July 1, 2011 and ending
on December 31, 2011.
3.4 The maximum compensation to be provided under this Amendment No. 4
shall not exceed One Hundred Thousand Dollars ($100,000), without
written approval by the Commission's Executive Director.
3.5 The hourly rate for services provide under this Amendment No. 4 shall be
Fifty Dollars ($50.00) per hour.
3.6 Except as amended by this 'Amendment No. 4, all provisions of the
Master Agreement and all previous Amendments, including without
limitation the indemnity and insurance provisions, shall remain in full
force and effect and shall govern the actions of the parties under this
Amendment.
69
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the
date first herein above written.
RIVERSIDE COUNTY
SERVICE AUTHORITY FOR
FREEWAY EMERGENCIES
By:
TRI-CITY TOWING INC.
Signature
Gregory S. Pettis, Chair Name
APPROVED AS TO FORM
By:
Best, Best & Krieger; LLP
General Counsel
Title
70