Agenda packet — Menifee City Council, September 21, 2022 (part 5 of 18)

Exhibit E – Program Reports
Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 124
Menifee

Mayor

and

City

Council

September

21,
2022
Page
541 of 2787

C-1 Monthly Invoice
RCTC Finance Only:

Vendor: 000228 Contract No. 01394 GL: 260-26-86101
Invoice No: 82021
Invoice Date: 9/10/2021
Measure A Payment Remit: 21,722.00$
Agency Name:

Project Title:

Month Invoiced: August 2021
EXPENSES Position % Time Invoice Detail
Salaries by Position (include benefits): Salaries should be based on actuals not budget A.Program Coordinator # of Positions → 1 100% 3,608.36$ B. Drivers # of Positions → 6 100% 14,240.95$
C. Dispatch # of Positions → 1 50% 2,079.50$
D. Accounting Payroll # of Positions → 1 5% 655.67$
E. Workers Compensation # of Positions → 1,702.00$
F. Payroll Taxes # of Positions → 1,509.26$
G. # of Positions →
In-Kind *Salaries by Position (include benefits) In-kind expenses and revenues should match A. Human Resources (Inkind) # of Positions → 25% 1,500.00$ B. Development Manager (Inkind) # of Positions → 25% 2,000.00$ C. # of Positions → 0%
27,295.74$
Non-Personnel Expenses:

A. Advertising
B. Fuel/oil 208.00$
C. General Office Expense ( supplies/postage/ sanitation/cleaning) 124.03$ D. Rent 710.47$
E. Vehicle Storage
F. Telephone
G. Uniforms
H. Vechicle Registration 416.00$
I. Vehicle Insurance 2,846.78$
J. Vehicle Maintenace 963.71$
K. Travel/Staff Training
L. Payroll Fees 347.90$
M. Profressional Fees/Renewal Fees
N. Employee Clearance/ Testing
O. Audit/ CPA Consultant
P.
*Non-Personnel Match (in-kind):

A.
5,616.89$
Capital Expneses:

A.
-$
32,912.63$

REVENUES
Agency Match (Cash)
A. Farebox/Rider Donations 646.39$
*Grant Revenues (not Measure A)
A. City of Hemet CDBG 2,521.13$
B. Riverside County CDBG 1,666.66$
C. CFLC /Workforce Development
D. RCOE/ YouthBuild
E. Inland Regional Center
F. Loan Proceeds/CFLC 2,856.45$
G.
7,690.63$
Agency Match (In-Kind)
Position % Time
*Salaries by Position (include benefits):

A. Human Resources 25% 1,500.00$
B. Development Manager 28% 2,000.00$
C 0%
*Non-Personnel Match (in-kind):

A. Fuel Discount
B
3,500.00$
Measure A Operating Invoiced This Month (g) 21,722.00$
Measure A Capital Invoiced This Month (h)
32,912.63$
Current Measure A Invoice Amount: 21,722.00$
Current Measure A Agency Match Amount: 11,190.63$
TOTAL 32,912.63$
Total Measure A Award $324,410.00
Measure A Billed to Date (including this invoice): $44,869.00 Measure A Balance Remaining $279,541.00
% Remaining 86.2%
(Representative Name) PRINT Representative Title
(Representative Name) SIGNATURE Date
Previous Measure A Invoice PAID Amount: $0.00
UPDATED Measure A Amount: $0.00
Measure A delta to be paid (refunded) $0.00
Invoice adjustment justification:

Invoice Correction

MONTHLY PROJECT INVOICE
FY 2021 - 2022 SPECIALIZED TRANSIT PROGRAM
I certify that the program work covered by this invoice has been completed in accordance with approved plans and specifications; the costs shown in this invoice are true and correct; and the amount claimed is due and payable in accordance with terms of the agreement and the Federal, State, or local intent of funds.

Total Cash Match (e)
Total In-Kind Match (f)
TOTAL REVENUES (e+f+g+h)
Admin Overhead (d) 8% of total allowable
TOTAL PROJECT EXPENSES (a+b+c+d)
Total Non-Personnel Expenses (b)
Care-A-Van Transit
Care-A-Van Transit
Total Capital Expenses (c)
Total Salaries & Benefits (a)

Page 2 ends

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 125
Menifee

Mayor

and

City

Council

September

21,
2022
Page
542 of 2787

C-1 Monthly Invoice
RCTC Finance Only:

Vendor: 000228 Contract No. 01394 GL: 260-26-86101
Invoice No: 92021
Invoice Date: 10/8/2021
Measure A Payment Remit: 21,842.00$
Agency Name:

Project Title:

Month Invoiced: September 2021
EXPENSES Position % Time Invoice Detail
Salaries by Position (include benefits): Salaries should be based on actuals not budget A.Program Coordinator # of Positions → 1 100% 3,567.64$ B. Drivers # of Positions → 6 100% 13,622.38$
C. Dispatch # of Positions → 1 50% 2,121.50$
D. Accounting Payroll # of Positions → 1 5% 636.21$
E. Workers Compensation # of Positions → 0% 1,633.00$
F. Payroll Taxes # of Positions → 0% 1,462.02$
G. # of Positions → 0%
In-Kind *Salaries by Position (include benefits) In-kind expenses and revenues should match A. Human Resources (Inkind) # of Positions → 0% 1,500.00$ B. Development Manager (Inkind) # of Positions → 0% 2,000.00$ C. # of Positions → 0%
26,542.75$
Non-Personnel Expenses:

A. Advertising 121.80$
B. Fuel/oil 483.00$
C. General Office Expense ( supplies/postage/ sanitation/cleaning) 37.00$ D. Rent 710.47$
E. Vehicle Storage 400.00$
F. Telephone 35.62$
G. Uniforms
H. Vechicle Registration
I. Vehicle Insurance 2,846.77$
J. Vehicle Maintenace 1,379.52$
K. Travel/Staff Training 42.56$
L. Payroll Fees 347.90$
M. Profressional Fees/Renewal Fees 146.00$
N. Employee Clearance/ Testing
O. Audit/ CPA Consultant
P.
*Non-Personnel Match (in-kind):

A.
6,550.64$
Capital Expneses:

A.
-$
33,093.39$

MONTHLY PROJECT INVOICE
FY 2021 - 2022 SPECIALIZED TRANSIT PROGRAM
TOTAL PROJECT EXPENSES (a+b+c+d)
Admin Overhead (d) 8% of total allowable
Total Capital Expenses (c)
Total Salaries & Benefits (a)
Care-A-Van Transit
Care-A-Van Transit
Total Non-Personnel Expenses (b)

Page 3 ends

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 126
Menifee

Mayor

and

City

Council

September

21,
2022
Page
543 of 2787

C-1 Monthly Invoice

REVENUES
Agency Match (Cash)
A. Farebox/Rider Donations 823.37$
*Grant Revenues (not Measure A)
A. City of Hemet CDBG 2,521.13$
B. Riverside County CDBG 1,666.66$
C. CFLC /Workforce Development 2,050.00$
D. RCOE/ YouthBuild
E. Inland Regional Center
F. Loan Proceeds/CFLC 415.23$
G.
7,476.39$
Agency Match (In-Kind)
Position % Time
*Salaries by Position (include benefits):

A. Human Resources 25% 1,500.00$
B. Development Manager 28% 2,000.00$
C 0%
*Non-Personnel Match (in-kind):

A. Fuel Discount 275.00$
B
3,775.00$
Measure A Operating Invoiced This Month (g) 21,842.00$
Measure A Capital Invoiced This Month (h)
33,093.39$
Current Measure A Invoice Amount: 21,842.00$
Current Measure A Agency Match Amount: 11,251.39$
TOTAL 33,093.39$
Total Measure A Award $324,410.00
Measure A Billed to Date (including this invoice): $66,711.00 Measure A Balance Remaining $257,699.00
% Remaining 79.4%
(Representative Name) PRINT Representative Title
(Representative Name) SIGNATURE Date
I certify that the program work covered by this invoice has been completed in accordance with approved plans and specifications; the costs shown in this invoice are true and correct; and the amount claimed is due and payable in accordance with terms of the agreement and the Federal, State, or local intent of funds.

Total Cash Match (e)
Total In-Kind Match (f)
TOTAL REVENUES (e+f+g+h)

Page 4 ends

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 127
Menifee

Mayor

and

City

Council

September

21,
2022
Page
544 of 2787

C-1 Monthly Invoice
Previous Measure A Invoice PAID Amount: $0.00
UPDATED Measure A Amount: $0.00
Measure A delta to be paid (refunded) $0.00
Invoice adjustment justification:

Invoice Correction

Page 19 ends

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 128
Menifee

Mayor

and

City

Council

September

21,
2022
Page
545 of 2787

Agency Name: Care-A-Van Transit
Project Title: Care-A-Van Transit
Fiscal Year: 2021/2022 As of Bud Mod
#1 6.23.22

EXPENSES
Position %
Time July August September October November December January February March April May June Total Budget % Billed Salaries by Position (include benefits):

A.Program Coordinator 100% 3,573.18$ 3,608.36$ 3,567.64$ 3,748.18$ 3,179.50$ 3,197.50$ 2,608.56$ 3,053.00$ 3,578.88$ 3,266.88$ 3,457.00$ 3,457.00$ 40,295.68$ 43,500.00$ 92.6% B. Drivers 100% 13,949.47$ 14,240.95$ 13,622.38$ 12,631.88$ 13,696.97$ 12,563.00$ 8,065.27$ 8,058.02$ 9,522.19$ 8,723.84$ 12,463.19$ 12,710.05$ 140,247.21$ 160,650.00$ 87.3% C. Dispatch 50% 2,048.00$ 2,079.50$ 2,121.50$ 1,460.50$ -$ -$ -$ -$ -$ -$ -$ -$ 7,709.50$ 21,874.00$ 35.2% D. Accounting Payroll 7% 616.29$ 655.67$ 636.21$ 636.03$ 636.11$ 694.31$ 637.23$ 630.59$ 764.08$ 793.76$ 761.60$ 776.89$ 8,238.77$ 8,380.00$ 98.3% E. Workers Compensation 0% 1,670.00$ 1,702.00$ 1,633.00$ 1,513.00$ 1,621.00$ 1,489.00$ -$ 509.00$ 356.00$ 756.00$ 1,073.00$ 1,097.00$ 13,419.00$ 25,000.00$ 53.7% F. Payroll Taxes 0% 1,483.76$ 1,509.26$ 1,462.02$ 1,356.45$ 1,277.65$ 1,613.14$ 1,360.54$ 1,285.66$ 1,048.16$ 911.17$ 1,350.03$ 1,382.93$ 16,040.77$ 27,600.00$ 58.1% G. 0% -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! A. Human Resources (Inkind) 0% 1,500.00$ 1,500.00$ 1,500.00$ 1,800.00$ 1,800.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,800.00$ 1,800.00$ 1,800.00$ 1,800.00$ 19,800.00$ 19,800.00$ 100.0% B. Development Manager (Inkind) 25% 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ -$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 22,000.00$ 24,000.00$ 91.7% C. 0% -$ -$ -$ -$ -$ -$ -$ 2,000.00$ -$ -$ -$ -$ 2,000.00$ -$ #DIV/0! 26,840.70$ 27,295.74$ 26,542.75$ 25,146.04$ 24,211.23$ 23,056.95$ 16,171.60$ 17,036.27$ 19,069.31$ 18,251.65$ 22,904.82$ 23,223.87$ 269,750.93$ $330,804.00 81.5% Non-Personnel Expenses:

A. Advertising 24.00$ -$ 121.80$ 24.00$ -$ -$ 24.00$ 374.00$ 224.84$ 284.98$ 656.11$ -$ 1,733.73$ 2,500.00$ 69.3% B. Fuel/oil 483.00$ 208.00$ 483.00$ 3,927.13$ 617.00$ 5,184.75$ 6,417.26$ 6,467.16$ 2,609.28$ 2,353.86$ 7,669.62$ 7,062.61$ 43,482.67$ 44,000.00$ 98.8% C. General Office Expense ( supplies/postage/ sanitation 117.80$ 124.03$ 37.00$ 312.58$ 54.95$ 79.55$ 40.00$ 70.76$ 194.41$ 40.00$ 228.67$ 139.59$ 1,439.34$ 2,000.00$ 72.0% D. Rent 710.47$ 710.47$ 710.47$ 710.47$ 710.47$ 710.47$ 710.47$ 710.47$ 710.47$ 710.47$ 710.47$ 710.47$ 8,525.64$ 8,526.00$ 100.0% E. Vehicle Storage 200.00$ -$ 400.00$ 200.00$ 200.00$ 200.00$ -$ 100.00$ 100.00$ 100.00$ 200.00$ -$ 1,700.00$ 3,150.00$ 54.0% F. Telephone 307.93$ -$ 35.62$ 69.62$ -$ -$ -$ 105.23$ -$ 104.82$ 35.16$ 66.84$ 725.22$ 1,500.00$ 48.3% G. Uniforms -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 200.00$ 0.0% H. Vechicle Registration -$ 416.00$ -$ 321.00$ 1,000.00$ -$ -$ -$ 219.00$ -$ -$ -$ 1,956.00$ 2,500.00$ 78.2% I. Vehicle Insurance 5,616.60$ 2,846.78$ 2,846.77$ 853.91$ 2,846.77$ 2,846.78$ 2,351.25$ 2,724.52$ 2,416.76$ -$ -$ -$ 25,350.14$ 27,350.00$ 92.7% J. Vehicle Maintenace 423.28$ 963.71$ 1,379.52$ 2,117.78$ 2,295.56$ 1,984.83$ 1,137.20$ 2,030.10$ 1,364.58$ 1,198.88$ 2,227.58$ 1,143.68$ 18,266.70$ 45,000.00$ 40.6% K. Travel/Staff Training -$ -$ 42.56$ 184.24$ -$ 44.24$ 227.16$ 54.64$ -$ 81.32$ 107.65$ -$ 741.81$ 1,000.00$ 74.2% L. Payroll Fees 347.90$ 347.90$ 347.90$ 347.90$ 337.99$ 328.08$ 443.91$ 321.46$ 330.13$ 338.80$ 349.26$ 352.74$ 4,193.97$ 5,000.00$ 83.9% M. Profressional Fees/Renewal Fees -$ -$ 146.00$ 248.61$ 30.00$ 8.00$ 218.61$ 214.95$ -$ -$ 75.00$ -$ 941.17$ 1,000.00$ 94.1% N. Employee Clearance/ Testing -$ -$ -$ 4.00$ -$ 260.00$ 277.00$ 3.00$ 95.00$ 99.00$ 480.00$ 320.00$ 1,538.00$ 2,000.00$ 76.9% O. Audit/ CPA Consultant -$ -$ -$ -$ -$ -$ -$ -$ 5,000.00$ 2,000.00$ 1,350.00$ 2,500.00$ 10,850.00$ 15,000.00$ 72.3% P. -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! *Non-Personnel Match (in-kind):

A. -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! 8,230.98$ 5,616.89$ 6,550.64$ 9,321.24$ 8,092.74$ 11,646.70$ 11,846.86$ 13,176.29$ 13,264.47$ 7,312.13$ 14,089.52$ 12,295.93$ 121,444.39$ 160,726.00$ 75.6% Capital Expneses:

A. -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! 35,071.68$ 32,912.63$ 33,093.39$ 34,467.28$ 32,303.97$ 34,703.65$ 28,018.46$ 30,212.56$ 32,333.78$ 25,563.78$ 36,994.34$ 35,519.80$ 391,195.32$ $491,530.00 79.6% REVENUES July August September October November December January February March April May June Total Budget % Billed Agency Match (Cash)
A. Farebox/Rider Donations 469.00$ 646.39$ 823.37$ 701.25$ 1,802.90$ 779.40$ 392.71$ 390.85$ 471.70$ 371.50$ 798.90$ 610.55$ 8,258.52$ 18,700.00$ 44.2% *Grant Revenues (not Measure A)
A. City of Hemet CDBG 2,521.13$ 2,521.13$ 2,521.13$ 548.51$ 548.51$ 548.51$ 548.51$ 548.51$ 548.51$ 548.51$ 548.51$ 548.53$ 12,500.00$ 12,500.00$ 100.0% B. Riverside County CDBG 1,041.66$ 1,666.66$ 1,666.66$ 1,736.11$ 1,736.11$ 1,736.11$ 1,736.11$ 1,736.11$ 1,736.11$ 1,736.11$ 1,736.11$ 1,736.14$ 20,000.00$ 20,000.00$ 100.0% C. CFLC /Workforce Development -$ -$ 2,050.00$ 1,660.00$ 1,660.00$ 1,660.00$ 1,661.00$ 1,661.00$ 1,661.00$ 1,661.00$ 1,661.00$ 1,665.00$ 17,000.00$ 17,000.00$ 100.0% D. RCOE/ YouthBuild -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10,000.00$ 0.0% E. Inland Regional Center -$ -$ -$ -$ -$ -$ -$ 766.17$ -$ -$ 3,758.82$ 2,710.06$ 7,235.05$ 18,000.00$ 40.2% F. Loan Proceeds/CFLC 4,117.89$ 2,856.45$ 415.23$ 2,998.41$ 1,160.45$ 3,300.63$ 1,413.13$ 1,394.92$ 2,501.46$ 299.66$ -$ 649.76$ 21,107.99$ 24,120.00$ 87.5% G. -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! 8,149.68$ 7,690.63$ 7,476.39$ 7,644.28$ 6,907.97$ 8,024.65$ 5,751.46$ 6,497.56$ 6,918.78$ 4,616.78$ 8,503.34$ 7,920.04$ 86,101.56$ 120,320.00$ 71.6% Agency Match (In-Kind)
*Salaries by Position (include benefits):

A. Human Resources 25% 1,500.00$ 1,500.00$ 1,500.00$ 1,800.00$ 1,800.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,800.00$ 1,800.00$ 1,800.00$ 1,800.00$ 19,800.00$ 19,800.00$ 100.0% B. Development Manager 28% 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 24,000.00$ 24,000.00$ 100.0% C 0% -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! *Non-Personnel Match (in-kind):

A. Fuel Discount 275.00$ -$ 275.00$ 275.00$ 275.00$ 275.00$ 275.00$ 275.00$ 275.00$ 275.00$ 275.00$ 356.76$ 3,106.76$ 3,000.00$ 103.6% B -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ #DIV/0! 3,775.00$ 3,500.00$ 3,775.00$ 4,075.00$ 4,075.00$ 3,775.00$ 3,775.00$ 3,775.00$ 4,075.00$ 4,075.00$ 4,075.00$ 4,156.76$ 46,906.76$ 46,800.00$ 100.2% Measure A Operating Invoiced This Month (g) 23,147.00$ 21,722.00$ 21,842.00$ 22,748.00$ 21,321.00$ 22,904.00$ 18,492.00$ 19,940.00$ -$ 16,872.00$ 24,416.00$ 23,443.00$ 236,847.00$ 324,410.00$ 73.0% Measure A Capital Invoiced This Month (h) -$ -$ -$ -$ -$ -$ -$ -$ 21,340.00$ -$ -$ -$ 21,340.00$ -$ #DIV/0! 35,071.68$ 32,912.63$ 33,093.39$ 34,467.28$ 32,303.97$ 34,703.65$ 28,018.46$ 30,212.56$ 32,333.78$ 25,563.78$ 36,994.34$ 35,519.80$ 391,195.32$ 491,530.00$ 79.6%

MONTHLY PROJECT INVOICE

SPECIALIZED TRANSIT PROGRAM
TOTAL REVENUES (e+f+g+h)
Total Salaries & Benefits (a)
Total Capital Expenses (c)
Admin Overhead (d) 8% of total allowable
TOTAL PROJECT EXPENSES (a+b+c+d)
Total Cash Match (e)
Total In-Kind Match (f)
Total Non-Personnel Expenses (b)
In-Kind *Salaries by Position (include benefits) In-kind expenses and revenues should match
Item Title: 10.16
Agreements with Care-A-Van Services, Inc., Riverside County Transportation Commission, and GoGo Technologies, Inc. for the Menifee Specialized Transit Program Item Page Number: 129
Menifee Mayor and City Council
September 21, 2022
Page
546 of 2787

AGENCY: Care-A-Van Transit Brief Project Description:

PROJECT NAME: Care-A-Van Transit Project Type: Operating FILL IN BLANK AUTO FILL Information reported shall be for this project only. Year 1 Month Qtr 1 Month Qtr 2 Month Qtr 3 Month Qtr 4 FY 21/22 Goal Jul-21 Aug-21 Sep-21 Total Oct-21 Nov-21 Dec-21 Total Jan-22 Feb-22 Mar-22 Total Apr-22 May-22 Jun-22 Total YTD Total

OPERATING DATA
13500
1a. Seniors 4,200 310 321 320 951 356 355 383 1,094 259 265 338 862 295 319 335 949 3,856 1b. Disabled 4,200 582 581 552 1,715 347 321 357 1,025 278 281 311 870 312 298 298 908 4,518 1c. Low-Income 4,000 140 226 196 562 208 142 31 381 51 29 128 208 131 198 269 598 1,749 1d. Others 1,100 0 0 0 0 0
Total Passenger Trips (sum of 1a thru 1d) 13,500 1,032 1,128 1,068 3,228 911 818 771 2,500 588 575 777 1,940 738 815 902 2,455 10,123

2. Total Unique Persons Served per Period 400
a) New Clients/Unique Person 45 60 41 12 14 17 7 15 26 16 35 20 b) Continuing Clients/Uniqe Person(s) 177 106 113 140 109 115 84 101 94 99 89 116 c) Number (Cumulative/Unduplicated) 400 222 166 154 152 123 132 91 116 120 115 124 136 d) Of the above (c), how many military service
personnel or veterans were served? 25 10 12 7 7 8 11 7 8 8 9 9 10 106

OTHER OPERATING DATA

3. Total number of service days 21 21 21 21 19 21 20 19 23 21 21 22

4. Total Project Vehicle Service Hours 733 881 728 2,342 676 695 505 1,876 360 349 466 1,175 431 520 609 1,560 6,953

5. Total Project Vehicle Service Miles 6,802 7,781 7,040 21,623 6,787 6,087 6,514 19,388 3,745 4,053 5,644 13,442 5,039 6,105 6,062 17,206 71,659

6. Total Number of Drivers Trained 0 5 5 4 4 8 3 2 3 8 21

FINANCIAL DATA

10. Award - Measure A Subsidy $324,410 23,147$ 21,722$ 21,842$ 66,711.00 22,748$ 21,321$ 22,904$ 66,973.00 18,492$ 19,940$ 21,340$ 59,772.00 16,872$ 24,416$ 23,443$ 64,731.00 258,187.00

11. Farebox/Rider Donations $18,700 469$ 646$ 823$ 1,938.76 701$ 1,803$ 779$ 3,283.55 393$ 391$ 472$ 1,255.26 372$ 799$ 611$ 1,780.95 8,258.52

12. Agency Cash Match/ Other Contributions $12,500 7,681$ 7,044$ 6,653$ 21,377.94 6,943$ 5,105$ 7,245$ 19,293.35 5,359$ 6,107$ 6,447$ 17,912.54 4,245$ 7,704$ 7,309$ 19,259.21 77,843.04

13. In Kind Contributions $46,800 3,775$ 3,500$ 3,775$ 11,050.00 4,075$ 4,075$ 3,775$ 11,925.00 3,775$ 3,775$ 4,075$ 11,625.00 4,075$ 4,075$ 4,157$ 12,306.76 46,906.76

14. TOTAL REVENUE (sum of items 9 thru 12) $402,410 35,072$ 32,913$ 33,093$ 101,077.70 34,467$ 32,304$ 34,704$ 101,474.90 28,018$ 30,213$ 32,334$ 90,564.80 25,564$ 36,994$ 35,520$ 98,077.92 391,195.32

15. TOTAL OPERATING COST $491,530 35,072$ 32,913$ 33,093$ 101,077.70 34,467$ 32,304$ 34,704$ 101,474.90 28,018$ 30,213$ 32,334$ 90,564.80 25,564$ 36,994$ 35,520$ 98,077.92 391,195.32

16. Net Expenses (item 13 minus item 14) 89,120$ -$ -$ -$ 0.00 -$ -$ -$ 0.00 -$ -$ -$ 0.00 -$ -$ -$ 0.00 0.00 PERFORMANCE MEASURES (formulas: do not enter data)

17. Meas A Subsidy per Passenger 22.429264 19.26 20.45 20.67 24.97 26.06 29.71 26.79 31.45 34.68 27.46 30.81 22.86 29.96 25.99 26.37 25.50

18. Meas A Subsidy Per Vehicle Hour 31.58 24.66 30.00 28.48 33.65 30.68 45.35 35.70 51.37 57.13 45.79 50.87 39.15 46.95 38.49 41.49 37.13

19. Meas A Subsidy per Vehicle Mile 3.40 2.79 3.10 3.09 3.35 3.50 3.52 3.45 4.94 4.92 3.78 4.45 3.35 4.00 3.87 3.76 3.60

20. Avgerage Trips per day 49.14 53.71 50.86 #DIV/0! 43.38 43.05 36.71 #DIV/0! 29.40 30.26 33.78 #DIV/0! 35.14 38.81 41.00 #DIV/0!

21. Passengers Per Vehicle Hour 1.41 1.28 1.47 1.38 1.35 1.18 1.53 1.33 1.63 1.65 1.67 1.65 1.71 1.57 1.48 1.57 1.46

22. Passengers Per Vehicle Mile 0.15 0.14 0.15 0.15 0.13 0.13 0.12 0.13 0.16 0.14 0.14 0.14 0.15 0.13 0.15 0.14 0.14

23. Other 6.59 6.90 6.59 6.70 7.45 7.44 8.45 7.76 6.37 7.05 7.26 6.93 6.83 7.49 6.72 7.01 7.08

24. Milestone Progress Jun-22
a. YES x NO
b. YES x NO
c. YES x NO
d. YES x NO
Qtr1
Qtr2
Completed? Date Completed
Ongoing specialized transportation for seniors, disabled, and low-income individuals during the COVID 19 pandemic.

Marketing & development strategies to increase awareness in community to increase matching funding.

Conduct Consumer Satisfaction Surveys monthly/quarterly.

Coordination of transportation services for job access for low-income individuals.

25. MUST PROVIDE QUARTERLY: 1. Provide a short quarterly status update of the project. (4-5 sentences) 2. Provide a quarterly quantitative update of the project (i.e. one-way trips provided/supported, unique persons served, persons trained, mobility manager hours, etc.).

Care-A-Van provides ongoing transportation to vulerable populations that have been negaitively affected by COVID 19 to provide access to medical appointments, dialaysis, pharmacy, grocery shopping, food banks, and other needed services. One-ways trips total 3228 for the quarter.

During this time Care-A-Van has been affected by the "Great Resignation" with drivers either moving out of the area or choosing to retire, this has had negative impact on trips. Also the COVID OmniCron surge has caused lower ridership as well.

Exhibit C-2 -- Quantitative Reporting Requirements
2022 Specialized Transit Program Call For Projects -- Western Riverside Measure A Fiscal Year 2021/22 MONTHLY REPORT

1. Total One-Way Passenger Trips (report for this project only) LEGEND:

Item Title: 10.16
Agreements with Care-A-Van Services, Inc., Riverside County Transportation Commission, and GoGo Technologies, Inc. for the Menifee Specialized Transit Program Item Page Number: 130
Menifee Mayor and City Council
September 21, 2022
Page
547 of 2787

Qtr3
Qtr4
Please provide any additional comments that you would like to make. For example, if your "farebox/donations" have increased significantly; and/or if ridership has increased or decreased, we like to know why.

Care-A-Van provides ongoing transportation to provide access to medical appointments, dialaysis, pharmacy, grocery shopping, food banks, and other needed services. One-ways trips for the quarter is 2500 and is lower due to staffing issues to include medical leave, and continuing with issues of great resignation.

Care-A-Van provides ongoing transportation to provide access to medical appointments, dialaysis, pharmacy, grocery shopping, food banks, and other needed services. One-ways trips for the quarter is 2455 continued to be lower due to the resurgence of omicron variant of COVID 19 and the seniors and disabled not wanting to risk exposure.

Item Title: 10.16
Agreements with Care-A-Van Services, Inc., Riverside County Transportation Commission, and GoGo Technologies, Inc. for the Menifee Specialized Transit Program Item Page Number: 131
Menifee Mayor and City Council
September 21, 2022
Page
548 of 2787

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 132
Menifee

Mayor

and

City

Council

September

21,
2022
Page
549 of 2787

Vehicle ID#
(Internal ID)
List VIN#s in
Fleet
(Last 5 Digits)
Model Year Make
(Manufacturer) Model
Passenger
Capacity
Ambulatory/
Wheelchair
Active/
Back-up
Date
Purchased or
Leased
Registered
Owner
Example 123 12345 2018 Ford F450 12amb/2wc Active 4/25/2018 Agency X 1 122 8326 2019 DODGE CARAV1W/6A/7 ACTIVE 12/18/2020 Care-A Van 2 121 3045 2019 DODGE CARAV1W/6A/7 ACTIVE 12/18/2020 Care-A-Van 3 120 22105 2019 FORD STARC 1W/9A/9 ACTIVE 11/26/2019 Care-A-Van 4 119 55076 2017 DODGE ENTER 1W/5A/6 Out 12/7/2018 Care-A-Van 5 118 62073 2017 FORD ECONO 2W/14A/16 ACTIVE 9/26/2017 Care-A-Van 6 117 61042 2017 FORD ECONO 2W/8A/11 ACTIVE 9/26/2017 Care-A-Van 7 116 8587 2015 FORD STARC 1W/7A/8 ACTIVE 4/30/2015 Care-A-Van 8 115 32187 2014 DODGE CARAV1W/6A/7 ACTIVE 1/5/2015 Care-A-Van 9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 Date Updated:

Vehicle Fleet Inventory
Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 133
Menifee

Mayor

and

City

Council

September

21,
2022
Page
550 of 2787

Care-A-Van Year End Report 21/22

Care-A-Van provides transportation to low-income under-served populations which include seniors, disabled, veterans, and the truly needy, allowing them access to critical resources and services that enhance their quality of life. Care-A-Van provides a highly individualized passenger service by providing door-to-door service. This individualized service promotes passenger independence, increased access to health care, and access to job training, education, and employment opportunities. The most requested itineraries include trips to medical appointments including dialysis and COVID vaccination clinics; shopping (primarily grocery shopping); work; the bank; and social service agencies which include the food pantry, and social security offices. 69.6 % of surveyed riders indicated that their trip would not have been possible without Care-A-Van.

For the 2021-2022 fiscal year, Care-A-Van provided a total of 10,123 one-way passenger trips.

The continued most significant challenge this year continued to be the effect of the COVID-19 pandemic on ridership. We did see a decrease in ridership due to the COVID variants that impacted Riverside County and with community spread of COVID the ridership dropped significantly. During this time, Care-A-Van continued to serve their most vulnerable population by providing rides to vaccination clinics and food pantries.

Care-A—Van customer satisfaction surveys collected responses was 210. The customer satisfaction surveys indicated, 98.1 % of riders surveyed were completely satisfied with Care-A- Van’s overall service, 96.7% were completely satisfied with the convenience of service and reliability, and 97.6 % were completely satisfied with the courtesy of staff. A few of the comments received from rider surveys are listed below.

Comments
● Completely satisfied. Would not be able to get out otherwise. ● I'm happy to have found your group!
● Thank you, you are a life saver. Thank you!
● The driver is friendly as always
● Friendly driver always says good morning
● They always are on time, and very kind.
● If it wasn't for care-van I would be so lost. I want to thank care-van for their services.

Thank you.
● I appreciate Care-a-Van without them I wouldn’t have no transportation. Very happy with Care-a-Van.
● Thank you for making this trip possible.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 134
Menifee

Mayor

and

City

Council

September

21,
2022
Page
551 of 2787

● Thank you so much for all your help. God Bless
● Bus ride is smoother than other buses.
● Staff is very nice they come to the rescue all the time with smiles. ● Van is nice and clean
● Drivers usually on time, still great service very friendly. ● Great driver, thank you!
● Thank you so much for accommodating me today!!! This is my first time and will give you an excellent review!
● Good customer service and good drivers.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 135
Menifee

Mayor

and

City

Council

September

21,
2022
Page
552 of 2787

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 136
Menifee

Mayor

and

City

Council

September

21,
2022
Page
553 of 2787

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 137
Menifee

Mayor

and

City

Council

September

21,
2022
Page
554 of 2787

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 138
Menifee

Mayor

and

City

Council

September

21,
2022
Page
555 of 2787

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 139
Menifee

Mayor

and

City

Council

September

21,
2022
Page
556 of 2787

2671/031858-0001
7630421.2 a08/25/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: SPECIALIZED TRANSIT PROGRAM
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and GOGO TECHNOLOGIES, INC, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on October 1, 2022 and shall end on October 31, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 140
Menifee

Mayor

and

City

Council

September

21,
2022
Page
557 of 2787

2671/031858-0001
7630421.2 a08/25/22 -2-

1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($112,500.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 141
Menifee

Mayor

and

City

Council

September

21,
2022
Page
558 of 2787

2671/031858-0001
7630421.2 a08/25/22 -3-
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 142
Menifee

Mayor

and

City

Council

September

21,
2022
Page
559 of 2787

2671/031858-0001
7630421.2 a08/25/22 -4-
limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 143
Menifee

Mayor

and

City

Council

September

21,
2022
Page
560 of 2787

2671/031858-0001
7630421.2 a08/25/22 -5-
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 144
Menifee

Mayor

and

City

Council

September

21,
2022
Page
561 of 2787

2671/031858-0001
7630421.2 a08/25/22 -6-
d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: CITY OF MENIFEE: SPECIALIZED TRANSIT PROGRAM. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 145
Menifee

Mayor

and

City

Council

September

21,
2022
Page
562 of 2787

2671/031858-0001
7630421.2 a08/25/22 -7-
Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 146
Menifee

Mayor

and

City

Council

September

21,
2022
Page
563 of 2787

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indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 147
Menifee

Mayor

and

City

Council

September

21,
2022
Page
564 of 2787

2671/031858-0001
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scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 148
Menifee

Mayor

and

City

Council

September

21,
2022
Page
565 of 2787

2671/031858-0001
7630421.2 a08/25/22 -10-

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 149
Menifee

Mayor

and

City

Council

September

21,
2022
Page
566 of 2787

2671/031858-0001
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or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 150
Menifee

Mayor

and

City

Council

September

21,
2022
Page
567 of 2787

2671/031858-0001
7630421.2 a08/25/22 -12-
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Chris Hutchins (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Kori Jones, Management Analyst II (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

GOGO TECHNOLOGIES, INC
Attn: Chris Hutchins
1600 Bryant St. #410477
San Francisco, CA 94141
Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 151
Menifee

Mayor

and

City

Council

September

21,
2022
Page
568 of 2787

2671/031858-0001
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Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kori Jones, Management Analyst II
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 152
Menifee

Mayor

and

City

Council

September

21,
2022
Page
569 of 2787

2671/031858-0001
7630421.2 a08/25/22 -14-

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 153
Menifee

Mayor

and

City

Council

September

21,
2022
Page
570 of 2787

2671/031858-0001
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Sarah A. Manwaring, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Chris Hutchison, VP of Sales

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 154
Menifee

Mayor

and

City

Council

September

21,
2022
Page
571 of 2787

2671/031858-0001
7630421.2 a08/25/22
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include City of Menifee: Specialized Transit Program in the amount not to exceed

ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($112,500.00) as further detailed in the following page(s).

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 155
Menifee

Mayor

and

City

Council

September

21,
2022
Page
572 of 2787

2671/031858-0001
7630421.2 a08/25/22 EXHIBIT A.

Menifee Specialized Transit Program
GoGo will conduct a subsidized senior and disabled persons rides program (the “Program”) for Menifee’s resident senior and disabled persons (“Customers”). This program is subsidized by the Menifee in an effort to support mobility of resident senior and disabled person. Responsibilities are as follows.

GoGo will design and implement the Program for Menifee senior residents and persons with limited abilities.

GoGo will be responsible for the following elements of the Program:
●GoGoGrandparent. Provide the GoGoGrandparent service to Menifee resident customers. GoGoGrandparent is an automated hotline that allows Menifee resident customers to access and use Lyft or Uber with a phone call in accordance with the following process:
●Registered Customers call 1 (855) 464 -6872 when they need a ride, and press a digit that corresponds to the location they would like to be picked up at. For example:
○“Please press 1 for a car to be sent to pick you up from your home” ○“Please press 2 for a car to be sent to pick you up from where we dropped you off last”
○“Please press 0 to speak with an operator”
●Based on the selection, GoGoGrandparent orders a ride to the selected pick-up location through a third party transportation network service, such as Uber or Lyft.

It tracks the ride and saves the last location to the Customer’s dial tone menu. The ride is monitored: if a driver cancels, GoGo automatically reorders; if a driver is lost an operator is alerted; if a driver tries to communicate with a Customer, GoGo manages that contact.
●In addition, GoGoGrandparent provides custom instructions to the Uber or Lyft or other third party transportation network service drivers, tailored to the needs of individual Customers.
●Operator Support. Operator support is provided 24/7 to Customers at no additional charge.

Operator support is provided for:
●Answering questions.
●Ordering rides when a caller is not at their home or last location. ●Assisting callers with technical issues associated with the GoGoGrandparent service.
●Hours of Availability. Customers will have access to the GoGoGrandparent service and to speak with an operator 24 hours a day, 365 days a year.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 156
Menifee

Mayor

and

City

Council

September

21,
2022
Page
573 of 2787

2671/031858-0001
7630421.2 a08/25/22 EXHIBIT A.
●Enterprise Features. GoGo will provide Menifee a login portal that Menifee may use to enroll Customers into the Program. The Menifee will pay up to $50 in the form of an account credit to be applied to Customer account and be applied to any ride taken by a Customer to and/or from approved locations under the Program.

The Menifee will take on the following responsibilities with respect to the Program:
●Customer Enrollment. Menifee will be responsible for vetting and enrolling Customers in the Program through GoGo’s portal. Information collected during registration includes the Customer’s (i) Full Name; (ii) Cell Phone Number; (iii) Home Phone Number; (iv) Home Address; and (v) On-File Payment Method (optional).
●Payment. Provide a payment by check or deposit to GoGo for of every month of Service invoiced and approved. Payments will be issued on a net-30 basis and account for amount of $50 annual credit utilized per customer registered under the Menifee program. GoGo’s fee for each Customer shall be limited to a per minute fee posted online at gogograndparent.com that they are in a vehicle enroute to their destination.

The Menifee would like to reimburse rides according to the following subsidy description:
●Subsidy: Not to exceed $50 account credit per participant per year within City of Menifee limits or to pre-approves medical facilities outside of city limits. These facilities include Kaiser Murrieta, Loma Linda Murrieta, and VA Clinic Murrieta. Members will be notified with each ride request to GoGoGrandparent of their Voucher options available. ●Voucher Program Member registration is to be collected at Kay Ceniceros Road and entered into the Menifee dashboard or sent to GoGo via csv file.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 157
Menifee

Mayor

and

City

Council

September

21,
2022
Page
574 of 2787

17336.00006\40365246.3

1 Measure A Agreement

Agreement No. ____________

Riverside County Transportation Commission
Western Riverside County Measure A Specialized Transit Program

FUNDING AGREEMENT FOR CITY OF MENIFEE SPECIALIZED TRANSIT PILOT

PROJECT

1. Parties and Date. This funding agreem ent (“Agreement”) is made and entered into this ____ day of ______________, 2022, by and between the Riverside County Transportation Commission, hereinafter referred to as "RCTC", and the City of Menifee hereinafter referred to as “Recipient". RCTC and Recipient shall be collectively referred to as the “Parties” and each individually be a “Party”. The term of this Agreement shall not commence until the Effective Date, as set forth below.

2. Recitals.

2.1 In 1988 the voters of Riverside C ounty approved Measure A, imposing a one-half (1/2) percent sales tax within Riverside County to fund transportation programs and improvements.

2.2 In 2002 the voters of Riverside County approved a thirty (30) year extension of the one-half (1/2) percent Measure A sales tax withi n Riverside County for the continued funding of transportation programs and improvements.

2.3 RCTC has developed a specialized tr ansit program to provide discount fares and expanded transit services for seniors, persons with disabilities, and the truly needy, as mandated by Measure A, under which RCTC has contracted with other entities to develop and implement transportation serv ices and programs for these specialized groups.

2.4 Recipient has prepared and submitted to RCTC a project scope, attached hereto as Exhibit “A”, to provide transpor tation services which RCTC has determined merits Measure A funding (the “Project”).

2.5 Funding for the Project shall be prov ided pursuant to the terms contained in this Agreement in the form of Measure A funds.

2.6 Recipient shall utilize the funding allocated and distributed by RCTC solely for the Project.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 158
Menifee

Mayor

and

City

Council

September

21,
2022
Page
575 of 2787

17336.00006\40365246.3

2 Measure A Agreement

3. Terms.

3.1 Services of Recipient; Definitions.

A. Definitions.

1. Days - As used in this Agr eement, “days” shall be calendar days.

2. Project - The program proposed by Recipient as described herein and in Exhibit "A" incorporated herein by reference, which has been reviewed and approved by RCTC.

3. Effective Date - __________

B. General Scope of Grant. Reci pient shall use the funds granted hereunder exclusively to implement, staff, manage, and operate the Project.

Recipient shall be solely responsible for implementing, staffing, managing and operating the Project in the manner described herein.

The funds provided pursuant to Section 4 of this Agreement (“Funds”) are specifically for the Project and are the entire amount which RCTC intends to provide to the Project. Any subsequ ent amendments to the Project scope or description or additional services to be provided are not covered by this Agreement, and the funding for any such amendments or addi tional services shall be the sole responsibility of Recipient unless such amendments or additional services are approved in writing by RCTC prior to the provision of such amendment or additional services.

C. Review and Approval by RCTC. Any use of Funds granted hereunder shall be subject to the review and approval of RCTC.

D. Funding Reimbursement by Recipient. If following a Project audit pursuant to Section 5.4 herein, RCTC determines in it s reasonable discretion that any Funds have been improperly expended, Recipient shall reimburse RCTC for the full amount of such improperly expended Funds within thirty ( 30) days of notification and request for repayment by RCTC. For the purposes of this Section 3.1 D, it shall be unreasonable to determine that any use of Funds approved in advance by RCTC pursuant to Section 3.1 C were improperly expended.

E. Term. The term of this Agreem ent shall be from t he Effective Date to June 30, 2025, unless terminated at an earlier date as provided herein.

3.2 Responsibilities of Recipien t

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 159
Menifee

Mayor

and

City

Council

September

21,
2022
Page
576 of 2787

17336.00006\40365246.3

3 Measure A Agreement

A. Indemnification. Recipi ent shall defend, indemnify and hold RCTC, its directors, officials, officers, employees, agents and/or volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Recipient or any of its agents, employees, cont ractors, volunteers, or service providers arising out of or in connection with Recipient's performance of this Agreement, including without limitation the payment of consequential damages and attorneys' fees. Further, Recipient shall defend at its own expense, including the payment of attorneys' fees, RCTC, its officials, officers, employees, and agents in any legal action based upon such acts, omissions or willful misconduct. Recipient shall reimburse RCTC and its directors, officials, officers, employees, agents and/or vo lunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The provisions of this indemnity do not apply to liability occuring as a result of RCTC’s sole negligence or willful misconduct.

B. Standard of Care; Pe rformance Standards.

1. Recipient shall implement the Project in accordance with generally accepted profession al practice and principals and in accordance with all applicable local, state, and federal laws, rules and regulations. Recipient shall be responsible to RCTC for any errors or omissi ons in its execution of this Agreement and the implementation of the Project.

2. Recipient shall meet or exceed the following performance standards for the Project.

a. Recipient shall adhere to t he timeline set forth in this Agreement or as subsequently mutually extended in writing by the Parties.

b. Recipient shall expend the Funds entirely on the
Project.

c. Recipient shall implement the Project in a manner
consistent with Exhibit "A" and all provisions of this Agreement.

Recipient shall comply with any requirement s and restrictions imposed by RCTC on the use of the Funds for the Project, as identified in this Agreement.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 160
Menifee

Mayor

and

City

Council

September

21,
2022
Page
577 of 2787

17336.00006\40365246.3

4 Measure A Agreement

C. Insurance. As part of this Agr eement, both Parties agree to maintain at their sole cost and expense coverages for general liability, auto liability, and workers’ compensation. Each party shall waive its right to subrogation against the other.

1. Time for Compliance. Recipient shall not commence work under this Agreement until it has provided evidence satisfac tory to RCTC that it has secured all insurance required under this section, in a form and with insurance companies acceptable to RCTC. In addition, Recipient shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

2. Minimum Requirements. Reci pient shall, at its expense, procure and maintain for the duration of th e Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agr eement or the Project by Recipi ent, its agents, representatives, employees or subcontractors. Recipient sha ll 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 Liab ility coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability : Insurance Services Office Business Auto Coverage (form CA 0001, c ode 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

b. Minimum Limits of Insuranc e. Recipient 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, eit her the general aggregat e 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 Recipient 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. Insurance Endorsements. The insurance policies shall contain the following provisions, or Reci pient shall provide endorsements on forms approved by RCTC to add the following provisions to the insurance policies:

a. General Liability.

(i) Commercial General Liability Insurance must
include coverage for (1) bodily Injury and property damage; (2) personal Injury/advertising Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 161
Menifee

Mayor

and

City

Council

September

21,
2022
Page
578 of 2787

17336.00006\40365246.3

5 Measure A Agreement

Injury; (3) premises/operations liability; (4 ) products/completed operations liability; (5) aggregate limits that apply per Project; (6) explosion, collapse and underground (UCX) exclusion deleted; (7) contractual liability with respect to this Agreement; (8) broad form property damage; and (9) independent consultants coverage.

(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to this Agreement.

(iii) The policy shall give RCTC, its directors,
officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.

(iv) The additional insured coverage under the
policy shall be “primary and non-contributory” and will not seek contribution from RCTC’s insurance or self-insurance and shall be at least as br oad as CG 20 01 04 13, or endorsements providing the exact same coverage.

b. Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) RCTC, 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 Recipient or for which Recipient is respons ible; and (2) the insurance coverage shall be primary insurance as respects RCTC, its dire ctors, officials, officers, employees and agents, or if excess, shall stand in an unbrok en chain of coverage excess of Recipient’s scheduled underlying coverage. An y insurance or self-insurance maintained by RCTC, its directors, officials, officers, empl oyees and agents shall be excess of Recipient’s insurance and shall not be called upon to contribute with it in any way.

c. Workers’ Compensati on and Employers Liability
Coverage.

(i) Recipient certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code wh ich requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) The insurer shall agree to waive all rights of
subrogation against RCTC, its directors, officials, o fficers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by Recipient.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 162
Menifee

Mayor

and

City

Council

September

21,
2022
Page
579 of 2787

17336.00006\40365246.3

6 Measure A Agreement

d. All Coverages.

(i) Defense costs shall be payable in addition to the
limits set forth hereunder.

(ii) Requirements of spec ific coverage or limits
contained in this section are not intended as a limitation on coverage , limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to RCTC, its di rectors, officials, o fficers, employees and agents as additional insureds under said polic ies. Furthermore, the requirements for coverage and limits shall be (1) the minimu m coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

(iii) The limits of insu rance required in this
Agreement may be satisfied by a combinat ion of primary and um brella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of RCTC (if agreed to in a written contract or agreement) before RCTC’s own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies).

(iv) Recipient shall provide RCTC at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except that Recipient shall provide at least ten (10) days prior wri tten notice of cancellation of any such policy due to non-payment of premiu m. If any of the required coverage is cancelled or expires during t he term of this Agreement, Reci pient shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to RCTC at least ten (10) days prior to the effective date of cancellation or expiration.

(v) The retroactive date (if any) of each policy is to
be no later than the effective date of this Ag reement. Recipient shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Recipient shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past t he effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.

(vi) The foregoing requirem ents as to the types and
limits of insurance coverage to be maintai ned by Recipient, and any approval of said insurance by RCTC, is not intended to and s hall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Recipient pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 163
Menifee

Mayor

and

City

Council

September

21,
2022
Page
580 of 2787

17336.00006\40365246.3

7 Measure A Agreement

(vii) If at any time during the life of the Agreement,
any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not repl aced, RCTC has the right but not the duty to obtain the insurance it deems necessary and any premium paid by RCTC will be promptly reimbursed by Recipient or RCTC will withhol d amounts sufficient to pay premium from Recipient payments. In the alternative, RCTC may cancel this Agreement. RCTC may require Recipient to provide complete copies of all insurance policies in effect for the duration of the Project.

(viii) Neither RCTC nor any of its directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of this Agreement.

Each insurance policy required by this Agreement shall
be endorsed to state that:

4. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by RCTC. If RCTC does not approve the deductibles or self-insured re tentions as presented, Recipient shall guarantee that, at the option of RCTC, either: (1) the insure r shall reduce or eliminate such deductibles or self-insured retentions as respects RCTC, its directors, officials, officers, employees and agents; or, (2) Reci pient shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licens ed to do business in California, and satisfactory to RCTC.

6. Verification of Coverage. Recipient shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to RCTC. The certificates and endorsements for each insurance policy shall be signed by a per son authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by RCTC before work commences. RCTC reserves the right to require complete, certified copies of all required insurance policies, at any time.

7. Subconsultant Insurance Requi rements. Recipient shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to RCTC that they have secured all insurance required under this section. Policies of co mmercial general liability insurance provided by such subcontractors or subconsult ants shall be endorsed to name RCTC as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Recipien t, RCTC may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 164
Menifee

Mayor

and

City

Council

September

21,
2022
Page
581 of 2787

17336.00006\40365246.3

8 Measure A Agreement

D. Tax Exempt Status . Throughout the term of this Agreement, Recipient shall maintain its Federal and Stat e tax exempt status as a duly constituted municipal corporation in the State of California. Proof of such status shall be furnished to RCTC upon request.

E. No Obligation to Provide Match Funding; Obligation to Operate the Project for the Term.

1. Recipient is not required to provide funding (or equivalent services) as a match to the funds provided by RCTC for the Project.

2. Recipient shall operate and main tain the Project for the entire Term, as defined in Section 3.1(E), and, notwithstanding the above, shall be responsible for any and all reasonable additional costs and expenses in excess of the Funds to meet this obligation.

D. Recognition of RCTC; Agreement to RCTC Marketing Rights.

1. If the Project involves the provision of transit services, Recipient shall place RCTC logos, which shall be provided by RCTC, on the outside and inside of vehicles used on the Project.

2. Recipient shall acknowledge RC TC as a funding source in all printed and digital materials describing th e Project, and shall in clude website links to RCTC.org in all digital materials describing the Project.

3. Recipient shall utilize vehicl e decals (for vehicles/windows), MA digital logos (for website, brochures) and marketing items provided by RCTC for use in conjunction with the Project.

4. Recipient shall allow RCTC to film, record, and interview Recipient staff regarding the Project for RCTC marketing purposes, provided that RCTC obtain individual consent from the participating Recipient staff person(s).

5. Recipient shall allow RCTC to use images of Project services in RCTC marketing materials, provided that RCTC obtains consent to the use of such images from any individuals identifiable in the images, to the extent legally required.

4. RCTC's Responsibilities.

4.1 Disbursement of Funds.

A. RCTC shall disburse up to a to tal of One Hundred Fifty Thousand dollars ($150,000.00) in Funds to Recipient for the Project.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 165
Menifee

Mayor

and

City

Council

September

21,
2022
Page
582 of 2787

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9 Measure A Agreement

B. RCTC shall disburse Funds monthl y in arrears within thirty (30) days of Recipient’s submission and RCTC approval a monthly invoice as specified in Section

5.3(A), in a form reasonably satisfactory to RCTC, and reporting as specified herein.

C. Recipient will forfeit all unused F unds upon the termination of this Agreement as described herein.

5. Accounting Records.

5.1 Retention of Records. Recipient shall maintain complete and accurate records with respect to costs incurred and other records generated under this Agreement.

All such records shall be clearly identifiable. Upon two (2) days’ notice, Recipient shall allow a representative of RCTC during nor mal business hours to examine, audit, and make transcripts or copies of such records. Recipient shall main tain all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the expiration of this Agreement and shall allow inspection hereunder during such time.

5.2 Accounting of Funds. When requested by RCTC, Recipient shall within ten (10) days provide RCTC with a full reporting and accounting of all Funds received during the Term of this Agreement.

5.3 Reporting.

A. Monthly Reporting: Within ten (10) business days following the close of each month during the Term of this Agreement, Recipient shall prepare and submit to RCTC a written report detailing the financial and operating perfo rmance of the Project.

The initial format and content of these reports as specified by RCTC are contained herein as Exhibit “B-1”, Monthly Invoice. The format and content of these reports is subject to reasonable change by RCTC from time to time upon written notice to Recipient. Business days are from Monday to Friday, except statutory holidays.

B. Year-End Reporting: No late r than fifteen (15) days following the close of each funding year, Recipient shall ensure that complete and accurate reports have been filed with RCTC detailing the fi nancial and operating performance of the Project for the prior year. The report requ ired herein shall contain the information contained in Exhibits “B-2” and “B-3”.

C. Data Availability for RCTC Re view: In addition to the reporting specified herein, the operating and financial data required to be collected and maintained by the Recipient shall be made available to RCTC and access shall be given to RCTC and its agents to the systems a nd records used to collect and maintain that data upon request. If so requested, such data shall be delivered to RCTC and access granted to data systems and records within three (3) busine ss days of receipt of said request or at such time as agreed upon by RCTC and Recipient.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 166
Menifee

Mayor

and

City

Council

September

21,
2022
Page
583 of 2787

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10 Measure A Agreement

5.4 Annual Audit.

A. RCTC shall notify Recipient in wr iting, by the end of the fiscal year, if Recipient is required to conduct an annual fi nancial audit of records pertaining to the Project. If an audit is required, it shall be completed and submitted to RCTC by December 31st of the following fiscal year ("Audit Deadline"). In order to ensure compliance with the Audit Deadline, Recipient shall respond promptly to the auditor's requests for documentation and records.

B. RCTC may, in its sole and absol ute discretion, grant an extension of the Audit Deadline upon written request of the Recipient, which request shall include an explanation for the delay. No extension of the Audit Deadline shall exceed ninety (90) days.

C. Recipient shall promptly address all findings identified in the audit.

C. If Recipient fails to complete the audit by the Audit Deadline or by the date of any authorized extension, or if Recipient fails to promptly address all findings identified in the audit, Recipient's funding shall be suspended and RCTC shall have the right to withhold any and all future payments to Recipient.

6. General Provisions.

6.1 Termination of Agreement.

A. In the event of a breach of any term or condition of this Agreement, the non-breaching Party shall not ify the other Party in writin g of the breach. . The breaching Party shall commence to cure such breach within ten (10) days of service of such notice and complete the cure of such br each within thirty (30) days after service of the notice, provided that if the breach creates an immediate danger to the health, safety, or general welfare, the non-breaching Party may take such immediate action as deemed warranted, including immediate termination of this Agreement. The non-breaching Party may terminate this Agreement for cause following the notice and cure period if the breach is not cured as provided herein.

B. Either Party may terminate th is Agreement without cause upon providing sixty (60) days’ written notice to the other Party. Upon termination, Recipient shall cease expenditure of Funds and promptly return all unexpended Funds to RCTC.

C. In the event this Agreement is terminated in whole or in part as provided in paragraph A or B of this Section, RCTC may procure at its own expense, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

D. If this Agreement is terminated as provided in paragraph A or B of this Section 6.1, RCTC may require Recipi ent to provide to RCT C all finished or unfinished documents, dat a, studies, drawings, reports, et c., prepared by Recipient in connection with the performance of this Agreement.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 167
Menifee

Mayor

and

City

Council

September

21,
2022
Page
584 of 2787

17336.00006\40365246.3

11 Measure A Agreement

6.2 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:

Riverside County Transportation Commission
4080 Lemon Street, Third Floor
P. O. Box 12008
Riverside, California 92502-2208
Attn: Anne Mayer, Executive Director

[INSERT RECIPIENT NAME]
[INSERT ADDRESS]
Attn: [INSERT NAME AND/OR TITLE]

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.

6.3 Attorneys' Fees. If either Pa rty commences an action against the other Party arising out of or in connection with th is Agreement, the prev ailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suits.

6.4 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter he reof, and supersedes all prior negotiations, understandings or agreements. This Agreem ent may only be modifi ed in writing and signed by both parties.

6.5 Governing Law. This Agreement sha ll be governed by the laws of the State of California. Venue shall be in Riverside County.

6.6 Time of Essence. Time is of the essence for each and every provision of this Agreement.

6.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties and shall not be assigned by Recipient without the prior written consent of RCTC.

6.8 Administration.

A. RCTC's Executive Director, or his designee, shall administer this contract on behalf of RCTC.

B. Recipient hereby designates _________________(Title), or his or her designee, to act as its representative to administer this contract on behalf of Recipient Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 168
Menifee

Mayor

and

City

Council

September

21,
2022
Page
585 of 2787

17336.00006\40365246.3

12 Measure A Agreement

("Recipient's Representative"). Recipient's Representative shall have full authority to represent and act on behalf of Recipient for all purposes under this Agreement.

7. Equal Opportunity Employment. Reci pient represents that it is an equal opportunity employer and it shall not discrimi nate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall includ e, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

8. Subcontracting. Unless expressly contemplated in t he Project (ie: the Gogo Grandparent Voucher Program re ferenced in the Project budget), Recipient shall not subcontract any portion of t he work required by this Ag reement without prior written approval of RCTC. Subcontracts, if any, sha ll contain a provision making them subject to all provisions stipulated in this Agreement.

9. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Agreement by reference as though fully set forth herein.

10. Incorporation of Exhibits. This Agreem ent contains three (3) exhibits, Exhibits A through C, which are attached hereto and incorporated into this Agreement by reference.

11. Counterparts. This Agreement may be si gned in counterparts, each of which shall constitute an original.

12. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13. Conflicting Provisions. In the event that provisions of any attached exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall govern over any conflicting provisions in the exhibits.

14. Headings. Article and Se ction Headings, paragraph captions or marginal headings contained in this Agreement are for conveni ence only and shall have no effect in the construction or interpretation of any provision herein.

15. Authority to Enter Agreem ent. Each Party has all requisite power and authority to conduct its business and to execute, deliver , and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party.

16. Survival. All rights and obligations her eunder that by their nature are to continue after any expiration or termination of this Ag reement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 169
Menifee

Mayor

and

City

Council

September

21,
2022
Page
586 of 2787

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13 Measure A Agreement

17. No Third Party Beneficiaries. There are no intended third par ty beneficiaries of any right or obligation assumed by the parties.

[Signatures on following page]

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 170
Menifee

Mayor

and

City

Council

September

21,
2022
Page
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14 Measure A Agreement

Signature Page
to
Riverside County Transportation Commission
Western Riverside County Measure A Specialized Transit Program

IN WITNESS WHEREOF , the parties hereto have executed the Agreement on the Effective Date.

RIVERSIDE COUNTY CITY OF MENIFEE

TRANSPORTATION COMMISSION

By: By: ________________________ Anne Mayer, Executive Director

Title: _______________________
APPROVED AS TO FORM:

By: __________________________ By: ______ ________________ Best Best & Krieger LLP
Counsel to the Riverside
County Transportation Commission Title: ______________________

* A corporation requires the signatures of two corporate officers.

One signature shall be that of the chairman of board, t he president or any vice president and the second signature (on the attest line) shall be that of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.

If the above persons are not the intended signatories, evidence of signature authority shall be provided to RCTC.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 171
Menifee

Mayor

and

City

Council

September

21,
2022
Page
588 of 2787

17336.00006\40365246.3

Measure A Agreement Exhibit “B-4”

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 172
Menifee

Mayor

and

City

Council

September

21,
2022
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This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.

FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:

If Federal Grant:

Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:

Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:

Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________

CITY OF MENIFEE

GRANT SUMMARY REPORT

FINANCE DEPARTMENT
2022/23
9/21/22
Measure A Specialized Transit Award
RCTC
Community Services Department
Kori Jones
N/A
N/A
N/A
N/A
N/A
7/1/22-6/30/24
N/A
$150,000
Reimbursement
$0
Quarterly
$150,000
N/A
301-4660-58159
301-3891
No
N/A
N/A
No
No
Yes
FY23/24
No
✔
7/1/22-6/30/24
The purpose of the Grant is to fund a specialized transit pilot program.

Monthly reporting, grant recipient meetings, planning participation and annual financial and compliance review Item Title: 10.16
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RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with resolution 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Grant Fund Adopted FY 2022/23 Revenue Budget: $2,025,210

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-3742 $329,429
September 21,
2022 2022 Clean Air Microgrant 301-3744 1,000
September 21,
2022 Specialized Transit Program 301-3891 150,000
TOTAL: $480,429
Amended Grant Fund FY 2022/23 Revenue Budget: $2,505,639 Grant Fund Adopted FY 2022/23 Expenditure Budget: $2,010,210

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-3742 $329,429
August 3, 2022 SB1383 Local Assistance Grant:

FY2021/22 Budget Carryover 301-4660-52854 141,516
September 21,
2022 2022 Clean Air Microgrant 301-4661-52844 1,000
September 21,
2022 Specialized Transit Program 301-4660-58159 150,000 TOTAL: $621,945
Amended Grant Fund FY 2022/23 Expenditure Budget: $2,632,155

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
Item Title: 10.16
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Amending the Fiscal Year 2022/23 Grant Fund Budget
Specialized Transit Program
2 4
3 9
7 5
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Grant Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Specialized Transit Program $150,000
Amended Grant Fund FY 2022/23 Budget: $2,505,639

Expenditures:

Specialized Transit Program $150,000
Amended Grant Fund FY 2022/23 Budget: $2,632,155
PASSED, APPROVED AND ADOPTED this 21st day of September 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.16
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Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 i
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 ii
Menifee Specialized Transit Project Needs AssessmentWhite Paper — Final Draft Table of Contents1. INTRODUCTION.................................................................................................................................................. 1WHY THIS PROJECT?.......................................................................................................................................................1PROJECT PROBLEM STATEMENT........................................................................................................................................1RCTC’S MEASURE A SPECIALIZED TRANSIT PROGRAM FUNDS CHOICES....................................................................................2CONTEXT PROVIDED BY RIVERSIDE COUNTY’S COORDINATED PLAN..........................................................................................22. WHAT CONDITIONS IMPACT MOBILITY IN MENIFEE?......................................................................................... 4WHO AND WHERE ARE THE PEOPLE LIKELY TO NEED TRANSPORTATION?..................................................................................4TRANSIT RESOURCES EXIST IN AND AROUND MENIFEE...........................................................................................................7WHO IS USING AVAILABLE TRANSIT SERVICES? ..................................................................................................................103. MOBILITY CHALLENGES THAT EXIST IN MENIFEE.............................................................................................. 14COMMUNITY ENGAGEMENT APPROACH............................................................................................................................14WHERE DO PEOPLE WANT TO TRAVEL? ...........................................................................................................................14INPUT FROM STAKEHOLDER INTERVIEWS...........................................................................................................................15COMMUNITY E-SURVEY INPUT........................................................................................................................................17KEY FINDINGS ON MOBILITY CHALLENGES.........................................................................................................................214. SERVICE SOLUTIONS FOR A SPECIALIZED TRANSIT PILOT PROJECT IN MENIFEE................................................ 22A PROGRAM OF PROJECTS APPROACH..............................................................................................................................221. MOBILITY MANAGEMENT......................................................................................................................................222. ON-DEMAND TRIP SUBSIDY PROGRAM....................................................................................................................243. SENIOR CENTER/SHOPPING SHUTTLE.......................................................................................................................275. CONSIDERATIONS IN IMPLEMENTING A MENIFEE TRANSPORTATION RESPONSE ............................................ 31REGIONAL VERSUS LOCAL TRIP-MAKING...........................................................................................................................31DIRECTLY OPERATED VERSUS CONTRACTED OR PARTNERSHIP TRANSPORTATION.......................................................................31CRITICAL ROLE OF PUBLIC EDUCATION AND PROMOTION.....................................................................................................32UPCOMING GRANT OPPORTUNITIES.................................................................................................................................32MEASURING SUCCESS...................................................................................................................................................33 Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER — FINAL DRAFT, REVISED 3/9/2022 iii
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER — FINAL DRAFT, REVISED 3/9/2022 1 Menifee Specialized Transit Project Needs AssessmentWhite Paper — Final Draft1. INTRODUCTIONWhy This Project?This Needs Assessment was sponsored by the Riverside County Transportation Commission (RCTC) on behalf of the City of Menifee (City) and was conducted by RCTC’s consultant, AMMA Transit Planning. In early 2021, the City submitted a grant application for RCTC’s Measure A Specialized Transit Program. This Measure A program utilizes a voter-approved half-cent sales tax to support specialized transportation services that serve older adults, persons with disabilities and truly needy individuals. The City’s application was to purchase Riverside Transit Agency (RTA) Dial-A-Ride vouchers for older adults. The project was designed to provide free transportation to seniors 65 years and older who are homebound, while gathering data on transportation needs and ridership patternsof older adults in order to determine future development of a more robust senior transportationprogram.Ultimately, RCTC determined that the original proposed project did not meet the Measure A Specialized Transit Program objective. However, there was a need to better understand the transportation needs of older adults and other underserved residents, and RCTC funded this analysis and awarded a $150,000 Measure A grant to Menifee to subsequently implement a pilot project to address identified transportation needs.This Needs Assessment proposes solutions for a City-implemented pilot project to address mobility needs eligible for Measure A support and responsive to Menifee residents’ mobility challenges. Project Problem StatementEarly in the development of this project, and with the assistance of the project’s Working Group, the following Problem Statement was developed to characterize this work effort and its outcomes.Additional details about the Working Group and their input are provided in Chapter 3. This project will:Meet local trip needs — to make it easier to make local, short trips within Menifee’s low-density, suburban environment.Support information, promotion and travel training — to encourage and build confidence in available transit.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 2 Address affordability — to ensure that those who are neediest have access.Address the built environment — to make it easier and safer to “get” to public transit.Minimize duplication of transportation services — to stretch scarce resources.RCTC’s Measure A Specialized Transit Program Funds ChoicesRCTC is responsible for administering Measure A funds, Riverside County’s first voter-approved half-cent sales tax for transportation improvements, first passed in 1988. In 2002, Measure A was extended by Riverside County voters and will continue to fund transportation improvements through 2039.A portion of the tax generated in Western Riverside County supports specialized transportation services directed to three target groups: seniors, persons with disabilities and/or individuals who are truly needy. This specialized transportation funding is available only in Western Riverside County, between the Orange County border to the west, the San Bernardino County border to the north, Cabazon/Banning to the east and the San Diego County border to the south. Measure A fund allocations for the Coachella Valley and the Palo Verde Valley are directed to public transitoperators in those regions.Measure A specialized transit funding supports directly operated services that expand or extend existing transit or fill mobility gaps that would otherwise exist without these services. RCTC awards and allocates Measure A funding under its Specialized Transit Program. RCTC invites proposals for project funding every two or three years through a competitive process. Eligible applicants include local government authorities, human and social services agencies, Tribal governments, private nonprofit organizations, and public transportation operators. Measure A funds may be used for operating or capital purposes related to the provision of specialized transportation services. The Measure A Specialized Transit Program requires that all projects selected for funding address the mobility needs and potential strategies identified in Riverside County’s Coordinated Plan. Context Provided by Riverside County’s Coordinated PlanThe “Public Transit — Human Services Transportation Coordination Plan for Riverside County,2021-2025” (referred to as the “Coordinated Plan”) provides important background to this Needs Assessment as it documents mobility needs and gaps of seniors, persons with disabilities, persons of low income, veterans and tribal members living and traveling within Riverside County (County). Through goals to enhance mobility, strategies and potential projects, this Coordinated Plan provides direction to Riverside County stakeholders that include RCTC, the County’s public transit providers and human service agencies, as well as sovereign Tribes, municipalities and the County. The coordinated planning process documented in the Coordinated Plan is required by Federal Transit Administration (FTA) Circular 9070.1G, originating in Public Law 109-059, SAFETEA-LU, as amended in Public Law 112-141, MAP-21.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 3 Key findings of relevance to Menifee and its surrounding areas from the Coordinated Plan that underscore mobility questions raised by the City of Menifee’s Measure A application include: Medical trips to health care specialists can be difficult to make, including to out-of-area or distant locations, such as San Diego County.Lack of sidewalks in suburban and rural areas make travel difficult and unsafe.Transit information, education and training are needed.Youth need to get to and from school, where school buses are not provided. When asked about transportation challenges faced in the past year, top answers for the region were:oLack of safe sidewalks or bike paths/lanes.oDon’t know how to ride transit.oTransit trips take longer than my ability to travel. Open-ended comments included the following topics about transportation concerns in the Greater Menifee area:oUnserved areas are too far to get to transit stops.oNeed specialized service due to medical condition or disability.oSchedule and frequency issues included buses that stop running too early and were too infrequent.oBuses don’t run where people need to go.oAccessibility issues included a need for shade at stops and transit needs to be safe and accessible.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 4 2. WHAT CONDITIONS IMPACT MOBILITY IN MENIFEE?Who and Where Are the People Likely to Need Transportation? The City of Menifee, located in Western Riverside County, has a total population of 94,738 persons, according to the 2019 U.S. Census American Community Survey (ACS). Menifee is a suburban community with a mix of many new, large family developments, senior living communities, mobile parks and rural areas with large and often underdeveloped lots. Many areas of the city have ranch-style homes that lack sidewalks and have long walking distances from the front door to the street, making it difficult to serve by public Dial-A-Ride programs. The low population densities of these areas are also inefficient for public fixed-route service, as sparsely populated areas typically generate low ridership on buses and are not a cost-effective way to provide transit. The City of Menifee was officially established on October 1, 2008, incorporating the existing communities of Sun Valley, Quail Valley, Paloma Valley and Romoland into one city. The City boundaries incorporate 46.6 square miles, which equates to 2,033 persons per square mile, consistent with the density of neighboring cities,such as Perris (2,170) and San Jacinto (1,951) but lower than the nearby cities of Murrieta (3,592) and Temecula (3,091). The population density of Menifee is expected to be reported at higher levels in future U.S. Census counts due to the significantnumber of housing developments recently built and currently under construction. Compared to the State of California as a whole, Menifee has greater proportions of older adults and persons with disabilities, with 17,124 persons, or 18.1% of the total population, over 65 years of age, which is over three points above the statewide proportion of seniors. Also, 12.9% of the population, or 12,228 persons, report at least one type of self-identified disability characteristic (Table 1), more than two points above the statewide proportion of people with disabilities. The youth population of 25,768 persons, 27.2% of the City’s population, is almost 5% higher than the state average.Poverty threshold guidelines are published annually in the Federal Registerby the U.S. Department of Health and Human Services and calculated based on household size by the U.S. Census. RCTC’s Measure A Specialized Transit Program and FTA’s formula transportation funding for persons of low income establish the threshold for inclusion of persons with low incomes at 150% of the federal poverty level. Menifee is more affluent than the rest of the state, with only 13.9% of the population identified as low income compared to 19.2% for California overall.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 5 The City’s occupied housing units of more than 29,000 are primarily vehicle-dependent, with only 3.5% of existing households reporting no vehicle for transportation. The state average of no-vehicle households is twice as high at 7.1%. Table 1: City of Menifee Demographics DemographicsCity of Menifee% of TotalCalifornia% of TotalTotal Population [1] 94,738 100% 39,512,223 100%Adults 18-64 51,846 54.7% 24,786,161 62.7%Seniors 65+ 17,12418.1% 5,834,998 14.8%Youth 0-17 25,768 27.2% 8,891,064 22.5%Persons with Disabilities [2] 12,22812.9% 4,124,423 10.4%Persons of Low Income (150%) [3] 13,139 13.9% 7,597,031 19.2%Total Households [4] 29,356 100.0% 13,157,873 100.0%Households with No Cars 1,041 3.5% 929,634 7.1%Average Persons per Household 3.2 3.0[1] 2019 ACS S0101 Age and Sex[2] 2019 ACS S1810 Disability Characteristics[3] 2019 ACS S1701 Poverty Status in the Past 12 Months[4] 2019 ACS S2504 Physical Housing Characteristics for Occupied Housing UnitsThe higher proportions of older adults and persons with disabilities in Menifee are of importance to this study, but more specifically, understanding where in the City these residents live will better inform the development of service alternatives to support the anticipated corridors of travel for these populations. While income information about seniors specifically is not available here, most older adults live on fixed incomes and, as a result, will be price conscious about all living expenses. Affordability concerns for the almost two-in-10 older adults living in Menifee are not unexpected and are likely to present in relation to transportation.The density of older adults and persons with disabilities is presented in Figure 1 and Figure 2, as reported by the 2019 ACS for the Census-designated Block Groups within Menifee. The greatest densities of these target populations have much geographic overlap, consistent with the locations of many of the City’s senior housing developments and considering that some of the self-reported disability characteristics are also present among older seniors.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 6 Figure 1: City of Menifee Density of Older Adult Population (Will be replaced with edited version) Figure 2: City of Menifee Density of Persons with Disabilities (Will be replaced with edited version) Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 7 Transit Resources Exist In and Around MenifeeRiverside Transit AgencyRTA is the primary public transportation service provider in Western Riverside County and the City of Menifee. The RTA service area encompasses all of Western Riverside County, from the county lines in the west, north and south to the San Jacinto Mountains and the San Gorgonio Pass to the east. Service is provided on fixed-route buses that have predetermined stops for boarding the bus. Dial-A-Ride service is provided on a reservation basis and within ¾ of a mile of fixed-route buses for Americans with Disabilities Act (ADA) compliant paratransit service, and to most locations within Menifee city limits at a higher fare and on a space-available basis.Additional information about RTA routes and services is available atriversidetransit.comor by calling the Customer Information Center at (951) 565-5002.Fixed RouteFixed-route transit in Menifee is provided by Routes 61 and 74. Route 61 travels north and south between Perris and Menifee along the I-215 freeway, along Murrieta Road in the northern portion of the city, east and west along Newport Road, and between Menifee and Murrieta along Menifee Road. Route 74 provides east and west service between Menifee, Winchester and San Jacinto, primarily along Newport Road. RTA’s fixed-route service map for the City of Menifee is presented in Figure 3. Route 61 service is available on weekdays between 4:40 a.m. and 8:15 p.m. and between 6:51 a.m. and 7:23 p.m. on weekends. Service is available on Route 74 between 4:52 a.m. and 8:10 p.m. on weekdays and 6:56 a.m. to 8:08 p.m. on weekends. The base fixed-route cash fare is $1.75 for the general public and $0.75 for seniors, persons with disabilities, Medicare cardholders and veterans. Unlimited rides can be made through a menu of passes that range from one-day, seven-day and 30-day periods. Fare media also can be purchased through the Token Transit app, allowing passengers to pay their fare using their smartphone on the bus.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 8 Figure 3: Riverside Transit Agency Fixed Route in the City of Menifee (To be replaced with edited version) Dial-A-RideRTA’s origin-to-destination Dial-A-Ride service operates within¾ of a mile and during service times equivalent to the local fixed-route bus and is available for persons with disabilities and seniors. Priority is given to riders that have been certified as ADA-eligible, and Dial-A-Ride Plus Lifeline service is available for passengers traveling up to two miles beyond the normal ¾-mile boundary, have no other means of transportation and need to access life-sustaining services. The base fare for Dial-A-Ride service is $3.50 per one-way trip with a maximum fare of $10.50,depending on the number of zones traveled. ADA-certified passengers may be accompanied by a personal care attendant at no extra charge, and two eligible Dial-A-Ride customers traveling to the same destination can split the required fare for each zone traveled. Dial-A-Ride service is typically provided on smaller cutaway-type vehicles with multiple wheelchair positions and a wheelchair lift to accommodate passengers using mobility devices. Reservations for Dial-A-Ride service are made one to three days in advance, and riders are given a 30-minute pick-up window for their vehicle to arrive.Information about Dial-A-Ride services and eligibility is available atriversidetransit.comor by calling the Customer Information Center at (951) 565-5002. Reservations can be made by calling (800) 795-7887.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 9 Independent Living Partnership’s Transportation Reimbursement and Information ProgramThe Independent Living Partnership (ILP) operates the Transportation Reimbursement and Information Program (TRIP) that reimburses the cost of transportation to older adults and persons with disabilities who do not drive, have no family to drive for them or are unable to use public transportation. Riders choose and recruit their own volunteer drivers from friends and neighbors they know and trust in their personal vehicles and are reimbursed for each mile they drive, but at no cost to the rider. The program is funded by the RCTC, the Riverside County Office on Aging and FTA’s Section 5310 grant.Riverside County’s TRIP program delivered almost 140,000 one-way trips to almost 1,200 unique riders in Fiscal Year (FY) 2020, a year that was impacted for almost four months by the stay-at-home orders of the COVID-19 pandemic. The program’s design of using trusted individuals to provide transportation to a friend or neighbor allows the rider to feel safer traveling outside the home during this difficult period. The TRIP program is Riverside County’s most cost-effective mode of transportation, delivering rides for less than $5.00, including the cost of volunteer reimbursement and administration costs. The convenience of the TRIP program is that the rider can schedule transportation with their volunteer driver at any time that is convenient for them and to any location of their choice. The rider is reimbursed for the miles accumulated for each trip and then pays the driver that amount every month. The reimbursement rate is usually less than the IRS Standard Mileage Rate, around $0.40 per mile, but enough to cover the associated cost of fuel and maintenance of their vehicle for the trips they provide. The resultant cost-per-trip to the Measure A program is more cost-effective than public Dial-A-Ride trips. Eligible applicants may apply for TRIP assistance by calling the Riverside County Aging and Disability Resource Connection’s HelpLink line at 1-800-510-2020. Care-A-VanCare-A-Van Transit is a nonprofit specialized transportationprovider. It offers door-to-door transportation for the underserved populations of the elderly, disabled and persons of low income, allowing them access to critically needed resources and services that enhance their quality of life. The most common destinations include medical appointments, social service agencies, education and job training programs, employment services, shopping assistance and clinical services. Care-A-Van operates door-to-door service through a fleet of 10 wheelchair-accessible vehicles within the cities and communities of Hemet, San Jacinto Valle Vista, Romoland, Homeland, Winchester, Lake Elsinore, Southwest Corona and Menifee. Service is available Monday through Friday from 6:30 a.m. to 6:30 p.m., with some weekend service provided for special circumstances. Care-A-Van asks their riders for a $1.00 donation, but service is not denied if the rider is unable to pay. Care-A-Van’s primary funding comes from RCTC’s Measure A Specialized Transit Program with matching funds derived from community grants and fundraising activities. In Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 10 FY 2019-20, Care-A-Van delivered more than 16,000 one-way trips after experiencing a 40% loss of ridership in the final quarter due to the effects of the COVID-19 pandemic. Interested individuals can learn more about Care-A-Van at careavantransit.comor (951) 791-3572.Taxi and TNC ServicesInformation on taxi services or transportation network company (TNCs) services was not readily available. A local taxi operator, Menifee Taxi Company, was identified from internet searches and was contacted, but no information relevant to this study was obtained. In total, 15 taxi companies advertise operating taxi services in Menifee, but the availability or reliability of these services hasnot been confirmed. Uber and LYFT, on-demand transportation services, are available to Menifee residents but at varying levels as the pandemic experience has proceeded. Riverside County 2-1-1/211Ride Riverside County 2-1-1 provides 24/7 multilingual access to a centralized information and referral database that is accessible by telephone (dial 2-1-1), internet, email or two-way texting. The 2-1-1 program is also a member of the 211Ride collaborative that offers a multi-modal trip planning tool, designed to help clients find transportation options that best meet their needs. Accessible at www.211ride.org, 211Ride advances and enhances commuting in five Southern California counties.The online one-click solution simplifies trip planning by providing the best transportation options based on a user’s demographic characteristics or specified needs. Who is Using Available Transit Services? The majority of public and specialized transportation service in Menifee is provided by RTA and the TRIP programs. An assessment of trip volumes is presented in Table 2 for the pre-COVID-19period of October 2019 and the pandemic-affected period of October 2020. RTA services were greatly impacted by the stay-at-home orders of 2020, as were public transit programs across the country, experiencing losses of -69% in ridership on fixed-route buses and -61% on Dial-A-Ride. Conversely, ILP’s TRIP program maintained the same service between the two periods, a result of the personal relationships between riders and their self-recruited volunteer drivers. Table 2: Boardings, October 2019 and October 2020Total BoardingsServiceOct-19Oct-20% ChangeRTA Fixed-Route (61 and 74) 9,254 2,851 -69%RTA Dial-A-Ride 1,457 572 -61%ILP TRIP 339 342 1%Total 11,050 3,765 -66% Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 11 The location of provided trips is further detailed in Figures 4 and 5, with the greatest volume of boardings centered along the I-215 corridor, primarily in the shopping centers at Cherry Hills Boulevard and at Newport Road for RTA’s Dial-A-Ride service. Boardings and alighting activity at the RTA bus stops with the highest utilization rates in Menifee experienced significant declines at all locations during the pandemic, including the most active stop at Mount San Jacinto College. Boardings for the TRIP program more commonly occur at residential locations, such as the Vineyards at Menifee Senior Community.

Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 12 Figure 4: October 2019 Utilization of RTA and TRIP Services (Will be replaced with edited version) Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 13 Figure 5: October 2020 Utilization of RTA and TRIP Services (Will be replaced with edited version) Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 14 3. MOBILITY CHALLENGES THAT EXIST IN MENIFEECommunity Engagement ApproachThree community engagement strategies provided information on mobility needs and requirements of Menifee residents. These involved:1. A Working Group that met four times via video conferencing, between August and December 2021, to advise on project activities, with an anticipatedMarch meeting in 2022 to provide input on solutionsand City direction.2. Stakeholder interviews to better understand mobility challenges of area residents.3. A community E-Survey that was widely distributed and promoted during November 15, 2021, and January 3, 2022, to hear directly from residents.Where Do People Want to Travel?The Working Group for this effort identified key destinations for Menifee residents for shopping and errands, medical and health care trips, and recreation. These destinations were used in the E-Survey to begin understanding where residents have difficulties traveling. Figure 6 presents many of these popular destinations in Menifee and neighboring communities. Notably, destinations are clustered along I-215 and other major roads: Newport, Haun, Menifee, McCall and Murrieta,among others.

Working Group MembershipRepresentatives of:City of Menifee Community ServicesKay Ceniceros Senior CenterCity Parks and Recreation CommissionCity Senior Services CommissionCity of Calimesa (Observer)Riverside Transit AgencyRiverside CountyTransportation CommissionConsultant Team: AMMA Transit Planning Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 15 Figure 6: Key Destinations in Menifee Area of Older Adults and Persons with Disabilities Input from Stakeholder InterviewsStakeholders and community leaders were interviewed and identified with the assistance of the Working Group as individuals with knowledge of residents’ travel requirements within the City and in Greater Southwestern Riverside County. Interviewees included the Working Group members themselves and representatives of the TRIP Independent Living Partnership, the Family Services Association, Community Action Partnership, Kay Ceniceros Senior Center and the SouthWestern Riverside Cooling Center, which works closely with the public library system.The following themes summarize topics raised by these stakeholders: Barriers to use existing transportation services exist.A recurring theme is a lack of awareness and uneven awarenessof existing transportation choices. Some contacts, including those working with senior populations,were unaware of RTA’s Dial-A-Ride or the TRIP mileage reimbursement program. Others recognized RTA fixed route but were unaware of specialized, door-to-door transportation services or how to access them.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 16 Loss of RTA’s travel training program, which countered fear of use of transit, was identified as a lost opportunity. The discontinuation of RTA trainers coming out to the Senior Center (while not missed during the pandemic when the center was closed) was noted as unfortunate going forward, as these visits helped seniors overcome apprehension about using public transportation. These recurring visits by RTA trainersalso countered the difficulty some older adults have in asking for help in trying a “new” service.RTA services’ hourly frequencywas a concern for potential riders — that if one missed the bus, it would be a long wait until the next one. Such apprehensions reportedly inhibittrying transit, particularly among seniors who might be driving less and considering alternative transportation. Distances to the RTA services, specifically the north-south service corridor of Rt. 61 and the east-west service of Rt. 74, means that it is a long walk to an RTA bus stop for many residents. This was particularly true for residents of some senior living communities, such as the Oasis Community and those near Canyon Lake. Long waits for the Dial-A-Ride vans and fare affordability,where longer trips climbed to $10 each way, are among the barriers to using RTA’s demand response service, which has some eligibility constraints.Built environment issues make it difficult to use available public transit services. Menifee is asuburban, low-density city with long distances between residences and transit routes, presenting difficulties for those who have mobility issues. While Dial-A-Ride is available to some, it may not be a good fit for those who are simply decreasing driving or ceasing driving because of various age-related concerns.Limited sidewalksmake it difficult to walk in some Menifee suburban neighborhoods, including walking to a bus stop. Walking without a sidewalk, in very car-centric neighborhoods, can feel unsafe for both able-bodied pedestrians and those with even modest mobility concerns.Unmet trip needs and latent demand for transportation likely exist. Menifee’s senior populationreflects nearly two in 10 residents over age 65. The Senior Center provides nearly 50 weekly home-delivered meals to homebound seniors, as of this writing, both pointing to levels of mobility need that individuals cannot themselves meet.An aging senior population represents diverse senior markets,with different transportation needs and information paths: oYounger seniors may be more tech-oriented and adventuresome, willing to travel across the region and utilize transit’s trip planning and fare payment apps.oOlder seniors may have more limited trip distance, but more acute travel needs, and use more traditional media and information sources of paper and telephone.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 17 oSeniors who are substantially disabled may be helped by RTA’s Dial-A-Ride services or the ILP TRIP program, and may or may not be aware of these opportunities. Community E-Survey InputA survey designed to bring back some quantitative information on mobility topics was widely distributed by the City, RCTC and the consultant team. The E-Survey received 423 responses, with four of those completed by Spanish speakers. Both English and Spanish language responses are reported together here. About the RespondentsThe majority of respondents (56%) are 55 years and older. A quarter (26%) of respondents are between the ages 65 and 74, and 12% are 75 years and older. Four percent of respondents identify as Black, 21% as Hispanic or Latino, and 63% as White.Seventy-seven percent drive themselves, 5% use RTA or RTA Dial-A-Ride, 19% walkand 14% ride a bike for most trips.Among older adult respondents (55 and older), 9% use RTA fixed route, 9% use RTA Dial-A-Ride, 3% use Care-A-Van, 1% use TRIP, and 29% use Uber or Lyft.o9% are not aware of RTA Dial-A-Ride, 16% are not aware of Care-A-Van and 21% are not aware of TRIP.Ten percent don’t drive and 3% don’t have a car available.Twenty-one percent (48 individuals) use a mobility device.About Transportation Concerns and NeedsJust under half, 46% of respondents or 176 individuals, reported that they have a lack of transportation in and around the City of Menifee. Of this group, 161 respondents reported the reasons why they lack transportation options. The top reasons were: The bus stop is too far from my house (47%).The bus doesn’t go where I need it to go (43%).I don’t feel safe biking (35%).The bus doesn’t come often enough (33%).Shopping and errandsHalf (50%) of respondents, 178 individuals, reported difficulty traveling for grocery, shopping or errands. Of this group, 29% have difficulty making a shopping trip at least once a month.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 18 Figure 7 illustrates where respondents normally travel for shopping trips and highlights those to which it is difficult to travel. The most common destination was Menifee Countryside Marketplace at Newport Road and Haun (Kohl’s and Lowe’s). Winco Foods in Perris and Sprouts on Newport Road were also commonly reported.

Medical and health care tripsOne-third of respondents (36% or 125 individuals) reported that they have difficulty traveling for medical trips. This includes all non-emergent health-related trips. Of this group reporting difficulty traveling for medical trips, 11% face this difficulty once a week and 17% once a month.Figure 8 details common health-related destinations to which respondents often have difficulty traveling. Top reported destinations were Loma Linda Hospital and the VA in Murrieta and Kaiser Urgent Care in Murrieta. Other destinations that respondents report struggling to access include:Riverside University Health facilities in Perris ValleyKaiser in Wildomar, Temecula and Moreno ValleyLoma Linda VAHealth care facilities in Hemet, Temecula and Murrieta; Rancho Hot SpringsAdditional Menifee locations include: Valley Imaging, Newport; Doc Dental Smiles, Bradley and Newport; and Menifee Dental, Newport and Haun.

Figure 7: E-Survey Responses on Shopping Destinations
Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 19 Figure 8: E-Survey Responses on Medical DestinationsOther destinationsMore than 300 responses and comments were received when asked about other destinations thatare difficult for respondents to access. Destinations receiving the most comments were Mount San Jacinto Community College and Sun City Library (Figure 9).Figure 9: E-Survey Responses on Additional DestinationsMobility ChangesRespondents were asked if they thought their transportation circumstances will change in the next five years and 72 older adults responded (Figure 10). Among respondents 55 years and older, 71% said they will drive less. Four in 10 individuals (39%) of ages 65 to 74 and 29% of respondents 75 and older think they will reduce or stop driving in the next five years.

Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 20 Another 17% to 18% of younger seniors, those over age 55, indicated they were unsure about their driving over the next five years. Figure 10: E-Survey Responses on Future Mobility ChangesOther Comments About MobilityRespondents were invited to provide a comment about other transportation challenges they face. The top response of 117 comments was about traffic and road infrastructure concerns. The following highest areas of concern related to public transit frequency, coverage and convenience,and safety for pedestrians and cyclists(Figure 11).Figure 11: E-Survey Responses on Additional Transportation Challenges Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 21 Key Findings on Mobility ChallengesThis section summarizes topics of mobility and transportation concerns reported though interviews and the Community E-Survey by Menifee stakeholders and residents.The built environment contributes to and exacerbates transportation challenges.oThe lack of sidewalks and bike paths/lanesin many neighborhoods makes it unsafe or difficult for many to walk or bike or access existing bus stops.oMenifee is a suburban, low-density city with long distances between residences and transit routesand, as such, is difficult to serve with fixed-route transit. Existing public transit’slimited frequency, coverage and the distances between stops and neighborhoodsmakes it inconvenient and difficult for residents to use.There is lack of awareness and uneven awareness about existing transportation options.oA majority of seniors are uncertain that they will be driving as much or do anticipate driving less or ceasing driving over the next five years. Almost two in 10“younger” seniors, between the ages of 55 to 65, expressed similar uncertainty over the next five years.Local tripsare difficult to make. Residents cited traffic, difficulty in accessing transit and difficulty getting around the city without driving as the primary causes. oTop destinations that residents have difficulty accessing include:Menifee Countryside Market Place and shopping centers along I-215Mount San Jacinto Community CollegeSun City LibraryKay Ceniceros Senior CenterResidents report struggling to accesshealth care destinations in Menifee andneighboring cities.Top destinations include:oLoma Linda Hospital and VA in MurrietaoKaiser Urgent Care in Murrieta Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 22 4. SERVICE SOLUTIONS FOR A SPECIALIZED TRANSIT PILOT PROJECT IN MENIFEEA Program of Projects ApproachThree solutions are proposed here. Individually, these solutions meet selected needs or address particular challenges identified through this study process. Together, they comprehensively address gaps in existing transportation services. Implemented as a group, these alternatives leverage opportunity and, as an integrated program of response, they help to ensure the greatest possible mobility benefit for the residents of Menifee. If a program of projects approach is undertaken, it is recommended that the City brand its “transportation program.” This helps residents to connect with available transportation resources, tackling the challenge of lack of awareness that is pervasive in our car-centric, Southern California environment.These solutions do not directly address built environment concerns raised, as that is beyond the scope of this study. Outreach efforts brought back a number of comments about built environment issues, including difficulties of traveling by car due to high congestion, safety concerns due to lack of sidewalks and difficulty reaching transit stops due to sprawling, suburban neighborhoods. Expanded transportation choices will help to address these. Additionally, these solutions do not include RTA improvements, as changes to the fixed-route network are beyond the scope of this effort and not within authority of RCTC. Concerns of RTA riders are detailed in Chapter 4, which include feedback that RTA services exist but are infrequent and difficult for many to get to. An RTA representative did participate in meetings of the study’s Working Group.These solutions represent recommended alternatives to increase transportation access and options of Menifee’s residents as suggested by this assessment’s findings. The City of Menifee will ultimately decide what solution or solutions are appropriate to adopt.1. Mobility ManagementMobility management is an approach to designing and delivering transportation services that starts and ends with the rider. It focuses on the rider and their needs, and the meeting of these needs through the coordinated use of a variety of providers. Mobility management is an evolving concept that aims to improve specialized transportation, particularly for underserved and vulnerable populations.This solution proposes that the City incorporate a mobility management function into existing community service relations staff and/or include a new position. Responsibilities of this position would involve assisting potential riders in selecting and navigating available transportation resources, growing awareness of transportation options, and helping to make understanding and using existing transportation resources easier and more convenient.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 23 Purposes and Need Addressed:An outreach finding of all activities was the need for more transit information and for information to be made available on a recurring basis. There was uneven awareness of available transportation services among target populations. Menifee’s older adult population —18% of the total population and three points higher than the statewide average — resides in a built environment that is less transit friendly than some, making transportation choices morechallenging. Among seniors, their driving confidence and personal driving patterns change with time, making it important to continuously present transportation alternatives to driving alone. Connecting to transportation is not necessarily easy nor intuitive. Ongoing navigational assistance in many forms can address this.This alternative will:Raise awareness of all transportation options and promote new services. Among Community E-Survey respondents, 16% were not aware of Care-A-Van Transit and 21% were not aware of TRIP.Enable proactive outreach to seniors and others experiencing transportation challenges, including travel training. Thirteen percent of survey respondents reported that they don’t have options because they don’t know how to ride the bus. Establish human infrastructure to connect potential riders with services.Provide a communication point for existing transportation services and programs, including travel training individuals and group opportunities. Begin educating seniors who are considering reducing driving about available options. According to the Community E-Survey, 68% of respondents 65 and older think that they will reduce or stop driving in the next five years.Design:Half-time position located at Kay Ceniceros Senior Center.Assists in evaluating success of Menifee’s overall Transportation Program.Liaison to area transportation programs, including RTA’s Dial-A-Ride, the RTA ADA eligibility staff, ILP TRIP and Care-A-Van, to advocate for Menifee residents’ concerns. Functions of Mobility Manager Position:Transportation communicator: Transit services expertknowledgeable in all services.Travel trainer, including tailoring transit choices to an individual’s needs.

Qualifications for “Mobility Manager” Position
Knowledge of fixed route, paratransit and alternative transportation programsEffective communication skills, both oral and writtenComputer skills (MS Office, Excel, Word, Power Point, Photoshop) Problem solving and critical thinking skillsAnalytical and data interpretation skillsOrganizational skillsAbility to prioritize responsibilities and workloadAbility to demonstrate a sensitivity to persons with disabilities and older adultsBilingual (English and Spanish) is a plus Item Title: 10.16
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 24 Active outreach to residents:oProvide education and promotion of public and specialized transit.oHeighten awareness for times when transportation assistance is needed.Trip reservationist, scheduler and complaint handling, if a vehicle operation service develops.Relationship building with transit services and program partners.Challenges and Implementation Topics:Defining the job can be amorphous. Samples of job descriptions are available at:ohttps://nationalcenterformobilitymanagement.org/for-mobility-managers/job-descriptions/Need the right person for the job, a match of skills and attributes with the job requirements. Uncertainty about sustainability; time-limited or continuing role?The workload of this position has to be continually redefined to address changes in the transportation environment and to reach potential riders and younger seniors. 2. On-Demand Trip Subsidy ProgramCreating additional transportation choices, particularly for those who are driving less or ceasing driving, can mean utilizing available taxi services. Taxis provide immediate trips, within reason, and generally have no eligibility requirements, aside from the associated voucher program itself. This alternative can be popular among its participants. In this model, the City would administer and distribute taxi vouchers to eligible participants who use these to pay for on-demand taxi trips. A new, popular option to increasing on-demand choices is utilizing the Transportation Network Companies (TNCs), such as Uber and Lyft. In this model, a partnership is established between the City and a TNC. The City distributes a subsidy code to eligible participants, which riders use when paying for their trip. To enable reporting and accommodate multiple senior markets with varying tech abilities, the City could partner with a company such as GoGo Grandparent (GoGo), atechnology company that acts as a concierge between the rider and the TNC and enables the rider to make trip reservations by telephone.

Cost and Funding Implications
$30,000 to $40,000 half-time position, at a salary level consistent with public-facing positions, which require mastery of a body of information and strong communications skills.Direct expense budget of $2,000 to $5,000 for printing, graphics and workshop supplies.This is an eligible Measure A expenditure.This is an eligible FTA Section 5310 grant funding expenditure.Grant sources Measure A and 5310 are competitive, conducted in 2- or 3-year cycles. Securing these funds requires effective grant writing, reasonable operational goals and unit costs and, over time, demonstrating a track record of success.

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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 25 Purposes and Need Addressed:While there are multiple existing transportation services in and around Menifee, current options don’t work for all individuals for all trip types. A common need reported during outreach was the difficulty accessing public transit due to the built environment. This solution assists individuals who have challenges making local or long-distance trips when they can’t access public transit or are not eligible for RTA Dial-A-Ride.Additional benefits include:On-demand (same-day), subsidized transportation.Often very popular.Subsidizes local quality of life as trips are not purpose-specific, determined only by rider.TNCs are already a viable option for Menifee residents. According to the Community E-Survey, 16% of all respondentsnormally use Uber/Lyft and 36% have previously used Uber/Lyft. Among older adults, there is experience in using TNCs: 18% of 55-64-year-olds,14% of 65-74-years-olds and 11% of those 75 and older reported using Uber/Lyft.The cost of transit options, car maintenance and long-distance trip making were concerns expressed during outreach activities. Subsidy programs help riders take importanttrips they might not be able to afford. Design:TaxiModelSubsidized taxi vouchers provided to eligible residents at a discounted proportion of theface value — for example, riders pay $3 for a $17 voucher, sufficient to fully pay a $20 one-way local trip of a defined number of miles.Number of vouchers per enrolled person, per month is limited.Defined rider eligibility rules. Can include age or income and residency requirements.Rider pays metered fare, for trips beyond the voucher amount.Rider is responsible for the cab driver tip.

About GoGo Grandparent (GoGo)
GoGo Grandparent is neither a transportation provider nor a TNC. It provides flip phones, landlines, and smart phones with the ability to request rides from TNCs and acts as the rider’s representative to monitor requested services. GoGo requests, communicates, screens, and monitors rides through the TNCs on the rider’s behalf.It works with TNC's that are licensed by and operate under the Public Utilities Commission in California.It can provide trip utilization information to partner agencies, as it does for Michelle’sPlace, a cancer support program serving Southwestern Riverside County. gogograndparent.com/ Existing Successful Taxi and TNC Subsidy Programs
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 26 TNCModelPartnership between a TNC concierge trip ordering service such as GoGoGrandparent (GoGo) and City of Menifee. GoGo acts as the intermediary or user interface: Rider calls GoGo to book and pay. GoGo pays TNC directly. GoGo reports to the City.)City of Menifee will match a determined portion of the riders’ trip cost. (Omnitrans reimburses 50% of the trip cost for their Lyft RIDE Program.)Code-based system for reimbursement: Rider uses code to pay for or pay down trip cost. Rider pays GoGo any remaining balance. Number of subsidies per enrolled person, per month is limited.Defined rider eligibility rules. Can include age or income and residency requirements.Rider is responsible for optional tip.Challenges and Implementation Topics:Decision as to which model of service, Taxi or TNC, with ongoing City responsibilities and administration in either scenario. TaxiModelDemand is high for these types of programs, quickly exceeding budgeted resources and making program design controls important. Eligibility guidelines will need to be developed by the City, to identify who is eligible and to establish the number of vouchers available per month and trip length limits.Accessible vehicle concerns must be addressed as many taxi operators don’t have wheelchair-accessible vehicles readily available.

Cost and Funding Implications
Either program is scalable to the level of funds committed. Determination of the number of trips provided will depend upon City policies regarding the levels of user participation in the per trip cost, whether for a taxi voucher or a TNC trip.Sample Taxi Model CostsProgram scalable, determining the number of vouchers per month and the number provided to each participant at a time.$60,000 in grant funding could provide for:294 one-way trips per month at $17 per voucher.10 one-way trip vouchers to 30 persons, monthly, each paying $2.50 per voucher or $25 cost per book of 10 vouchers.$8,800 in participant revenue to offset administrative costs, revenue passed on to taxi provider(s).Sample TNC Model CostsProgram scalable and impacted by the percentage of trip cost, or trip distance, paid by the program versus paid by the rider.Michelle’s Place Trip Costs -$50 per trip pre-Covid (trip length unknown)Note: Michelle’s Place trips are generally longer intercity trips and often out-of-county, traveling to medical specialists. This suggests that local trip-making in Menifee area would have lower per trip costs, stretching grant dollars further.GoGo Grandparent membership includes a concierge fee of $0.27/minute. Pricing Plans are available.This is an eligible Measure A expenditure. This is an eligible FTA 5310 grant funding expenditure.Grant sources Measure A and 5310 are competitive, usually on 2- or 3-year cycles. Securing these requires effective grant writing, reasonable operational goals, and unit costs and, over time, demonstrating a track record of success.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 205
Menifee

Mayor

and

City

Council

September

21,
2022
Page
622 of 2787

MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 27 Protections against fraud need to be developed to ensure vouchers are used by eligible participants. This can add to administrative costs.Voucher distribution and eligibility decision-making are new functions; these could be made the responsibility of the Mobility Manager position. Taxi industry uncertainties that are long-standing and exacerbated by the COVID-19 pandemic have impacted the volume, ability and willingness of taxi operators in the region to engage in voucher/trip-subsidy programs. TNCModelWhile TNC programs are known for lack of transparency and not providing reporting, the existing partnership between Michelle’s Place and GoGo Grandparent in Riverside Countyshows successful collaboration.Accessible vehicle concerns must be addressed as many TNC operators don’t have accessible vehicles readily available. Regional experience has been problematic. For example, San Bernardino County Transportation Authority (SBCTA) recently terminated a Lyft-based subsidy program to Ontario International Airport. However, successful programs are operating in San Bernardino (Omnitrans’ Lyft RIDE Program) and Riverside (Michelle’s Place’s Treatment Travel Assistance Program) counties.3. Senior Center/Shopping ShuttleThis solution envisions a shuttle service focused on local, specific trip-types, such as to or from the Senior Center or to or from popular grocery and shopping destinations. Two alternatives are proposed here: 1) a partnership with existing provider Care-A-Van to expand service in Menifee through grant funding or 2) a directly operated transportation service — whether under contract or provided by the City. During early discussions, City staff have expressed concerns aboutundertaking directly-operated transportation operations. Nevertheless, this option is presented to anticipate changing City priorities in the future. Purposes and Need Addressed:This study was prompted by a need to regularly get some seniors to the Kay Ceniceros Senior Center. This issue has confronted the City for several years, desiring to assist persons wishing to attend Senior Center nutrition or other programs but who are less and less able to drive themselves. This strategy will improve access to the Senior Center, particularly its nutrition program.This alternative will serve:Menifee’s senior population of 17,124 is 3% higher than the overall state. Many of these individuals are aging in place. When asked about transportation challenges, 15% of E-survey respondents 55 and older reported that they have difficulty getting to the Kay Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 206
Menifee

Mayor

and

City

Council

September

21,
2022
Page
623 of 2787

MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 28 Ceniceros Senior Center. This will provide a transportation option for nutrition, education and socialization. Affordability of transportation choices is a real concern, especially for individuals on a fixed income. When asked why they had a lack of transportation choices, 43% of E-Survey respondents 55 years and older reported that Dial-A-Ride is too expensive. Difficulty accessing existing transit was a common issue among open-ended responses to E-Survey questions. Reasons for this difficulty include the time it takes to get to bus stops due to the suburban nature of neighborhoods and safety concerns because of areas with limited sidewalks.Option 1. Partnership with Care-A-Van Design:There has been preliminary exploration of partnership opportunities with Care-A-Van, a nonprofit transportation program that is based in Hemet but serves areas of Southwestern Riverside County. This long-standing transportation provider would pursue FTA Program 5310 funding for the bulk of the service, but there would be some City responsibilities, particularly around information and promotion of a new service to Menifee residents. As of this writing, Care-A-Van is submitting an FTA Program 5310 application for expansion funds to serve Menifee and surrounding cities. The City of Menifee has submitted a Letter of Support to assist the Care-A-Can application in this competitive grant offering. City and Care-A-Van will continue to determine roles and responsibilities should their request be awarded. Benefits of some type of partnership with Care-A-Van, particularly through an FTA Program 5310 application they would initiate, include:5310 grant application for operations funding initiated by Care-A-Van, a grantee with a long history with Caltrans for vehicle purchases and is likely to be successful in the competitive process.Leveraging of an existing specialized transit program, with its administrative expertise in hiring, training and supervising drivers.Moving of the transportation reservation and trip scheduling function to experienced hands so that this cost does not need to be added to City expense. Pilot can be time-limited if demand does not present or City priorities change. ChallengesandImplementationTopics:The City and Care-A-Van will continue to determine roles and responsibilities should their grant request be awarded. Topics to address include:Memorandum of Understanding with Care-A-Van — limited to no additional funding required if FTA grant is successful and builds upon Care-A-Van's long-standing relationships with Caltrans’ FTA Section 5310 Program and RCTC's Measure A Specialized Transit Program.Some mutually-agreed upon shared responsibility for promotion and scheduling of trips for Menifee residents.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 207
Menifee

Mayor

and

City

Council

September

21,
2022
Page
624 of 2787

MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 29 Capacity concerns: Care-A-Van would expand service to multiple cities in Southwestern Riverside County. Will grant funding support all trip needs?If Care-A-Van’s application is not successful, the City might consider: 1) Reapplying with Care-A-Van as an application partner in the next FTA Section 5310 cycle. This is anticipated in January 2024 and is expected to also provide two years of funding.2) Contracting with Care-A-Van to serve Menifee residents through the RCTC Measure A grant request, also a competitive grant program. Designing an effective program would require determining City’s priorities for funding based on trip type.Option 2. City Operated/Contracted Shuttle Design:Group trips to and from nutrition or activity programs at the Kay Ceniceros Senior Center:oPredictable twice-daily trips on specified days, to coincide with nutrition program timing and popular center activities schedules.oInviting reservation by seniors and processes for reserving — and cancelling — trips.oFree fare to participating seniors; nominal fare or donations areoptional.Scheduled shopping shuttle that travels to popular shopping locations, providing home-to-store and return trips and moving through neighborhoods of the City on a rotating basis:oNominal fare of $1 per senior roundtrip or $0.50 one-way; optional.oAdvance reservation is necessary when the bus or van travels to individual homes. For residents within Menifee City limits.Options regarding operations — 1) contracting with nonprofit Care-A-Van through a Memorandum of Understanding (MOU) or a competitive contract with a private entity or 2) directly operated by the City.

Cost and Funding Implications
Operational expense of $100,000 will fund single vehicle program, directly operated – for driver, fuel, insurance, and vehicle maintenance– more will be required if a trip reservationist/trip scheduling/dispatcher is required. Capital expense for a 12-passenger accessiblevehicle: $90,0000.Measure A funding, in the future beyond the $150,000 existing grant to the City of Menifee, will require a 34% match for operating funds and a 50% match for capital funding request.FTA 5310 can fully fund operations and capital expense, without a match, but must meet utilization thresholds of operating hours per week and projected trip levels.Grant sources Measure A and 5310 are competitive, usually on 2- or 3-year cycles. Securing these requires effective grant writing, reasonable operational goals and unit costs and, over time demonstrating a track record of success.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 208
Menifee

Mayor

and

City

Council

September

21,
2022
Page
625 of 2787

MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 30 ChallengesandImplementationTopics:Decision as to who operates, directly by the City or in an MOU or contracted arrangement, with ongoing City responsibilities in either scenario:oContracted, competitive procurement with a private operator — will require a fully-funded program by the City with detailed operational contracts, including identified service standards to define service quality.oCity operated transportation program — will require establishing a transportation function that entails vehicle acquisition and maintenance, plus all operational functions of driver hiring; training and supervision; vehicle operations including trip reservations, scheduling, and dispatching; and program reporting. Uncertainties regarding demand that will impact scale and sustainability:oCan volume of need sufficient to warrant a dedicated service be developed, with promotion of new service?oCan minimum FTA Section 5310 grant program requirements for utilization of a funded vehicle be met: 20 hours per week and reasonable levels of passenger trips provided?Competitive grant process for City directly operated service, with requirements of putting together a winning operations proposal.Trip scheduling procedures, staffing and organizational responsibility.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 209
Menifee

Mayor

and

City

Council

September

21,
2022
Page
626 of 2787

MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 31 5. CONSIDERATIONS IN IMPLEMENTING A MENIFEE TRANSPORTATION RESPONSEThe three proposed solutions represent recommended alternatives to increase transportation access and options available to Menifee’s residents as suggested by this assessment’s findings. The City of Menifee will ultimately decide what solution or solutions are appropriate to adopt. This concluding section offers additional topics the City may need to consider as they implement a transit program. Regional versus Local Trip-MakingIn adopting one or more of the recommended alternatives, the type of trips provided and promised to Menifee residents should be clear. A distinction should be made between trips provided that originate and end within the Menifee city limits in contrast with trips that have one end beyond the city. Local trip purposes of grocery, shopping, attending Senior Center activities, volunteer work and other personal business typify these shorter, locally-based trips. Regional tripsare longer and often for medical purposes, with longer-distance travel to regional medical facilities and specialists. There are operational implications to the provision of local versus regional trips, notably costs and fleet size. Local trips with shorter travel times can be served by fewer vehicles, depending upon the quantities of demand. Regional trips traveling longer distances and potentially in multiple directions, such as north towards the City of Riverside or south to Temecula and even San Diego County destinations will take more time and require larger numbers of vehicles and drivers. This translates to higher costs. The Senior Center/Shopping Shuttle (Solution #3) is designed to serve local trips, anticipating that one or two vehicles can provide a reasonable level of service to Menifee seniors and persons with disabilities. RTA’s Dial-A-Ride is better suited to providing longer, regional trip-making, with its large fleet of 113 demand response vehicles (National Transit Database, 2020). As noted in Chapter 2, RTA provides three types of Dial-A-Ride available to Menifee residents:ADA Priority service provides trips to persons who are substantially disabled, and functionally unable to use fixed route, as ADA certified riders. Senior/Disabled Dial-A-Rideprovides trips for persons who might not be ADA eligible, including able-bodied seniors.Dial-A-Ride Plusprovides trips to ADA certified riders and other seniors or persons with disabilities who live beyond the ¾ mile fixed-route corridors defined by RTA’s line haul services and served by ADA Priority service. Directly Operated versus Contracted or Partnership TransportationAs City policy makers consider the type and level of transportation response they wish to support,careful thought must be given to whether the City takes on full responsibility for a transportation program — with directly-operated service — or establishes service through a contract or partnership agreement — with TNCs, taxis or a memorandum of understanding with a non-profit Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 210
Menifee

Mayor

and

City

Council

September

21,
2022
Page
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MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 32 provider. The preceding discussion identified elements of each but recognizes that directly-operated transportation requires a much greater level of commitment than does contracted service. Compliance with extensive state and federal regulation governing provision of public transportation define that greater level of commitment. One of the confounding factors of policy makers’ decision is that the actual demand for specialized transportation by Menifee residents has been difficult to quantify and so it is difficult to know what levels of need for transportation will actually present. The City may wish to “test” demand through a service agreement with a non-profit provider or with a modest TNC or taxi contract, before stepping more fully into directly-operated service. Such a phased approach would give the City more information as to levels of demand that present and the specifics of managing a transportation service of any type.Critical Role of Public Education and Promotion This assessment identified characteristics of latent demand for a City-sponsored specialized transportation service for Menifee’s older adult population and persons with disabilities that included advancing age, disability levels, income concerns and the City’s built environment. Translating that latent demand into actual trips will required a thoughtful and continuing marketing effort — initially to introduce a new service and then to continue to encourage its use. Creative marketing efforts and clear, directed information will help prospective users to overcome hesitancy and fear about using a public transportation service, even for short local trips. While this analysis has documented use of existing public transit, the fact remains that only small proportions of the population are among those currently using RTA and RTA’s Dial-a-Ride program. For a new program to be successful, promotion and marketing efforts, ideally administered by a Mobility Manager, will be important to ensuring success. Upcoming Grant OpportunitiesThe City may want to explore additional funding opportunities in the case that Care-A-Van’s FTA Section 5310 application isn’t successful or demand exceeds funding levels. A Senior Center Shuttle or senior-oriented Shopping Shuttle is likely eligible for the following programs:RCTC Measure A Specialized Transit Program RCTC is responsible for administering Measure A funds, Riverside County’s first voter-approved half-cent sales tax for transportation improvements, first passed in 1988. In 2002, Measure A was extended by Riverside County voters and will continue to fund transportation improvements through 2039. A portion of the tax generated in Western Riverside County supports specialized transportation services directed to three target groups: seniors, persons with disabilities and/or individuals who are truly needy. This specialized transportation funding is available only in Western Riverside County. Measure A specialized transit funding supports directly operated services that expand or extend existing transit or fill mobility gaps that would otherwise exist without these services. RCTC awards Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 211
Menifee

Mayor

and

City

Council

September

21,
2022
Page
628 of 2787

MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 33 and allocates Measure A Funding under its Specialized Transportation Program. RCTC invites proposals for project funding every two or three years through a competitive process.The next Measure A Call for Projects is anticipated to be released in January 2024 and will provide two-to-three years of funding.The Measure A Specialized Transit Program requires that projects are consistent with the Coordinated Plan 2021 Update. Agencies must provide matching funds: 34% of the total project cost for operationsprojects and 50% capital for projects.Federal Transit Administration Section 5310 Grant ProgramThe goal of the Federal Transit Administration (FTA) Section 5310, Enhanced Mobility of Seniors and Individuals with Disabilities Program is to improve mobility for seniors and individuals with disabilities by removing barriers to transportation services and expanding the availability of transportation mobility options. This program supports transportation services planned, designed, and carried out to meet the special transportation needs of seniors and individuals with disabilities in all areas — large urbanized (more than 200,000), small urbanized (50,000–200,000) and rural (under 50,000). FTA Section 5310 program provides grant funds for capital, mobility management and operating expenses.For rural and urbanized areas of Riverside County, the California Department of Transportation (Caltrans) is the direct recipient of FTA Section 5310 funds with responsibility for program administration. Each funding cycle, Caltrans administers a statewide competition. As the RTPA, RCTC is responsible for scoring the Traditional FTA Section 5310 projects from Riverside County using state-mandated criteria and submits the scores to Caltrans for the statewide competition. The next cycle is anticipated for January 2024.Successful projects are funded for two years. Recipients must comply with reporting requirements with State and Federal requirements, including FTA Title VI and Disadvantaged Business Enterprise (DBE) regulations.To apply, agencies must contact Caltrans to access the BlackCat Transit Data Management System.Per FTA Circular 9070.1G, all projects selected for funding must be included in a locally developed, coordinated public transit-human services transportation plan (Coordinated Plan). Measuring SuccessAs City policy makers determine next steps, and the shape and scale of a transportation response, it will be important to define in advance what success looks like and how it will be measured. That can inform future steps as to whether a service should be continued, discontinued, or expanded. Basic goals can be defined in broad terms, such as improved mobility of Menifee target groups. But specific, measurable objectives should also be identified as part of initial implementation activities.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 212
Menifee

Mayor

and

City

Council

September

21,
2022
Page
629 of 2787

MENIFEE SPECIALIZED TRANSIT PROJECT NEEDS ASSESSMENTWHITE PAPER— FINAL DRAFT, REVISED 3/9/2022 34 Sample objectives could include:Target number of one-way trips per year.Targeted number of unique users annually.Measurable satisfaction levels among users, obtained through an annual user survey or an ongoing, post-trip survey.Maintaining a target of efficient per-trip and per-user costs for delivered service. Community-wide awareness levels of the City’s transportation response, obtained through more generalized resident state-of-the-City surveys.Maintaining waiting lists to document trips that cannot be provided due to capacity constraint built into the initial service design.

Item Title: 10.16
Agreements

with

Care-A-Van

Services,

Inc.,

Riverside

County

Transportation

Commission,

and

GoGo

Technologies,

Inc.
for the Menifee Specialized Transit Program
Item Page Number: 213
Menifee

Mayor

and

City

Council

September

21,
2022
Page
630 of 2787

CITY OF MENIFEE
SUBJECT: Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services
MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Deputy Finance Director REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve Amendment No. 2 to the existing agreement for Esgil, LLC to increase by a not-to exceed amount of $111,325, for a revised total contract amount not-to-exceed $411,325 for as needed plan review services.

DISCUSSION
The City’s Building & Safety Department utilizes professional consultants to provide supplementary plan review services on an as needed basis. Accordingly, at the June 16, 2021, City Council meeting, a professional services agreement in the amount not-to-exceed $150,000 for as needed plan review services for the fiscal year 2021/22 period was approved.

Subsequently, based on the increased building activity experienced during the year, Amendment No. 1 for an additional $150,000 was approved and executed on April 6, 2022.

Esgil, LLC provides a wide range of municipal consulting services, including plan review services to municipal agencies, including the City of Menifee.

In the last year, including the first half of fiscal year 2021/22, development and construction activity within the City has remained consistent when compared to previous fiscal years. Additionally, solar activity has significantly increased, thereby increasing the volume of plan reviews that are sent to Esgil, LLC. Upon review of the current need for plan review services and projected needs for the balance of fiscal year 2021/22, staff is recommending a second amendment to the existing professional services agreement with Esgil in the not-to-exceed amount of $111,325, for a total revised contract amount not-to-exceed $411,325.

All other terms of the agreement, including scope of services and term of services would remain the same.

Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 1
Menifee

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September

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2022
Page
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City of Menifee Staff Report
Amendment No. 2 Esgil. LLC (Interwest) Professional Services Agreement September 21, 2022

Page 2 of 2 ends

1 1
9 1

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
The proposed amendment with Esgil, LLC is $111,325. With Amendment No. 2, the total contract amount with Esgil would be $411,325. The costs associated with Amendment No. 2 would be funded through available funds within the Building & Safety Department’s fiscal year 2021/22 budget, under Account No. 100-4331-52800 (Professional Services). No additional budget requests or appropriations are required for this contract amendment.

ATTACHMENTS

1. Amendment No. 2

2. Amendment No. 1

3. Professional Services Agreement
Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 2
Menifee

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September

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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on June 16, 2021 between the City of Menifee (“City”) and ESGIL, LLC (“Consultant”) for FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES which this Amendment No. 2 is made and entered into on ______________, 2022 to increase the compensation amount as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.

2.SECTION 2, “Compensation” is amended to increase the maximum compensation by $111,325.00 (ONE HUNDRED ELEVEN TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $411,325.00 (FOUR

HUNDRED ELEVEN THOUSAND THREE HUNDRED TWENTY FIVE DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 3
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Professional Services Amendment No. 2 with ESGIL, LLC

CITY OF MENIFEE ESGIL, LLC
_______________________________ _______________________________ Armando G. Villa, City Manager Thomas P. Wilkas, CFO
Attest: ________________________________
Matthew Royer, COO
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 4
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AMENDMENT NO. 1 TO

AGREEMENT BETWEEN ESGIL, LLC
AND THE CITY OF MENIFEE FOR FY 2021/22 ON-CALL BUILDING & SAFETY PLAN

REVIEW SERVICES

This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on June 16, 2021 between the City of Menifee (“City”) and ESGIL, LLC (“Consultant”) for FY 2021/22 ON -CALL BUILDING & SAFETY PLAN REVIEW SERVICES which Amendment No. 1 is made and entered into on ______________, 2022 to increase the compensation amount as indicated below:

1. Section 2, “Compensation” is amended to increase the maximum compensation by $150,000.00 (ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ), and is amended to read as follows:

Section 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $300,000.00 (THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

2. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: 11E55F7D-F2A8-42E6-97E3-EC8D43F9E72B DocuSign Envelope ID: 61694FAF-89CB-4FB3-B457-78E0E6E2EAE7 April 6th
Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 5
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Professional Services Amendment No. 1 with ESGIL, LLC

CITY OF MENIFEE ESGIL, LLC

_______________________________ _______________________________ Armando G. Villa, City Manager Paul Meschino, Vice President Operations

Attest: ________________________________
Avner Alkas, Chief Financial Officer

_______________________________
Stephanie Roseen, Acting City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

DocuSign Envelope ID: 11E55F7D-F2A8-42E6-97E3-EC8D43F9E72B DocuSign Envelope ID: 61694FAF-89CB-4FB3-B457-78E0E6E2EAE7 Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 6
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2671/031858-0001
7630421.2 a03/02/21

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Esgil, LLC , a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Sco pe of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services . The term of this Agreement shall begin on July 1, 2021 and shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience , Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant prac tices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at a ny time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoev er under the terms of this Agreement until receipt of authorization from the Contract Administrator.

DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 16th June
Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 7
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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.

City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified he rein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total numb er of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 8
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfact orily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.4 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultan t submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination . In the event that City or Consultant terminates t his Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consult ant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility t hat may involve incurring any direct expense, including but not DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 9
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limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance o r an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in t he insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional lia bility insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance . Except for Professional Liability and Workers’ Compensation, city and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non -contributory basis with respect to any insurance or self -insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attac hed to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

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During the term of this Agreement, only upon the prior express writ ten authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements s tated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both s top work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or sub contractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professio nal services under this Agreement.

Consultant shall provide City with legal counsel. City shall be entitled to participate in, but not DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 13
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control, the defense of any indemnity claim and to employ counsel of its choice for such purpose; provided, however, that such employment shall be at the City’s own expense.

5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Consultant shall provide City with legal counsel. City shall be entitled to participate in, but not control, the defense of any indemnity claim and to employ counsel of its choice for such purpose; provided, however, that such employment shall be at the City’s own expense.

5.3 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all o f its officers, officials, employees, and agents acting in an official capacity.

The foregoing shall be subject to the limitation on CONSULTANT’s duty to indemnify whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of p ersonnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the S ervices under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any com pensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415 -703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees , and volunteers harmless from and against any liability , loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other sim ilar law. It is agreed by the P arties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compe nsation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obliga tion to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultan t’s employ, Consultant shall notify City immediately.

8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 16
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b. Retain the plans, specifications, drawings, reports, design d ocuments, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performanc e. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents an d other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consen t of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and oth er intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, ph ysical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant un der this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agre e in writing that City is granted a non - exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 17
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in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.3 Severability. If any provision of this Agreement is he ld invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Avner Alkhas, Interim CFO (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 18
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sequences, and procedures and for the satisfactory coordination of al l portions of the Services under this Agreement.

10.8 City Contract Administration . This Agreement shall be administered by a City employee, Craig Carlson, Building Official (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

Esgil, LLC
Attn: Avner Alkhas, Interim CFO
9320 Chesapeake Dr, Suite 208
San Diego, CA 92123
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Craig Carlson, Building Official
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the P arties are cumulative and the exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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10.12 Integration. This Agreement, including the scope of servi ces attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver th is Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisi ons of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other A greement to which said Party is bound.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with th e award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]

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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Avner Alkhas, Interim CFO

Paul Meschino, VP of Operations

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.17
Agreement Amendment No. 2 with Esgil, LLC for as Needed Plan Review Services Item Page Number: 21
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EXHIBIT A

SCOPE OF SERVICES
As Needed Plan Review Services (Building & Safety) in the amount not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00), unless formally modified by written amendment. Scope of services is further outlined in following page(s).

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EXHIBIT A

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CITY OF MENIFEE
SUBJECT: Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road
MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager or his designee to execute a cash in-lieu agreement with Sutter Mitland 01, LLC for the City to receive $49,810 as a cash in-lieu payment for construction of a headwall on Normandy Road.

DISCUSSION
Tract Map 31822-1, also known as Audie Murphy Ranch North (“AMR”), is a residential development located east of Audie Murphy Road and both north and south of Normandy Road.

As part of the street improvement plans for AMR, Sutter Mitland 01, LLC (“Developer”) was required to improve Normandy Road along the Salt Creek Channel. This improvement included construction of a headwall on the south side of Normandy Road where the existing drainage pipes outlet into the channel.

The City also has a capital improvement project to widen the north side of Normandy Road at Salt Creek Channel. Due to environmental constraints within the channel on the south side of Normandy Road, and with the City’s planned widening project on the north side, the City and Developer have agreed to place the headwall on the north side of the road. This placement is more beneficial for protecting against potential erosion of the roadway.

Given that the Developer is unable to construct the headwall as shown in the plans, the City and Developer have agreed that the City would include construction of the headwall on the north side of Normandy Road as part of the City’s CIP project. In return, the Developer would pay an in-lieu payment in the amount of $49,810 to the City to offset the cost of constructing the headwall. To memorialize the cash in-lieu payment, and proceed with receipt of the funds, the City must enter into a cash in-lieu agreement with the Developer.

Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 1
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City of Menifee Staff Report
Cash In-lieu Agreement
September 21, 2022

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1 1
4 3
Budget in the amount of the in-lieu payment has been programmed into the fiscal year 2022/23 Capital Improvement Program for the Normandy Road Pedestrian Improvement Project CIP 22-

08. STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The payment amount of $49,810 has been incorporated as additional budget into the Normandy Road Pedestrian Improvement Project for fiscal year 2022/23.

ATTACHMENTS

1. Project Map

2. Agreement

3. Change-order Cost
Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 2
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STREET NAME EXHIBIT
Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 3
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Docu,Sign Envelope ID: 4 72A 7E6E-0G 16-43B2-B821-0E2G28218A58

CITY OF MENIFEE

AUDIE MURPHY RANCH
IS19-063

CASH IN-LIEU AGREEMENT
THIS CASH IN-LIEU AGREEMENT ("Agreement") is made and entered into this ____ day of ________, 2022, by and between the City of Menifee ("City") and Sutter Mitland 01, LLC, a Delaware Limited Liability Company ("Developer").

RECITALS
WHEREAS, in or about September 2016, Developer submitted to City, and City thereafter approved, a Street Improvement Plan for Tract 31822-1 (the "Plans"), which are attached hereto as Exhibit A for reference only; and
WHEREAS, page 7 of 9 of the Plans contained a plan for the construction of a headwall on Normandy Road in the City of Menifee; and
WHEREAS, based upon information currently available, the parties acknowledge that said headwall should not be constructed as indicated in the Plans; and WHEREAS, the parties desire this Agreement to set forth their agreement regarding a cash in-lieu payment instead of construction of said headwall.

AGREEMENT
Based on the foregoing Recitals, which are incorporated herein by reference, and for mutual consideration, which is hereby acknowledged, the parties agree as follows:

1. Developer shall pay to City forty-nine thousand, eight hundred ten dollars ($49,810.00) as a cash in-lieu payment ("In-Lieu Payment").

2. The In-Lieu Payment shall be in the fonn of a check or cashier' s check.

3. The In-lieu Payment shall be made on the date of execution of this Agreement.

4. Five business days after City's receipt of funds from the In-Lieu Payment, City shall no longer require the construction of the headwall on Normandy Road, as indicated on page 7 of 9 of the Plans.

5. To the extent practicable, the amount of the In-Lieu Payment will be used by City for a future Normandy Road widening project. If said project is not undertaken, the amount of the In-Lieu Payment will be used by the City for capital improvement projects. hereto.

6. This Agreement shall be binding on the successors and assigns of the parties 2671/03 l 858-0003
17937220.1 a06/ J 4/22
Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 4
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DocuSign Envelope ID: 472A7E6E-0C16-43B2-B 821-0E2C28218A58

7. This Agreement may not be assigned, conveyed, or otherwise transferred by any party without the other party's written consent.

8. This Agreement may be executed in counterparts, each of which shall be deemed an original.

9. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said paity, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

10. As to the subject matter herein, it is understood that there are no oral agreements between the paities hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

11. This Agreement may be amended at any time by the mutual consent of the pa1ties by an instrument in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

CITY:

City of Menifee
Daniel Padilla, Deputy Public W arks
Director / City Engineer
ATTEST:

Sarah Manwaring, City Clerk
2671 /031858-0003
17937220.1 a06/14/22 -2-
DEVELOPER:
utte�,a,<MU, LLC
By:��President
Address: 3200 Park Center Drive, Suite 1000
Costa Mesa, CA 92626
Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 5
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Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 6
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Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 7
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Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 8
Menifee Mayor and City Council
September 21, 2022
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CHANGE ORDER REQUEST

QTY U/M
Construction
Note #: DESCRIPTION UNIT PRICE SUB/TOTAL
1 LS 15&16 INSTALL 36" COLLAR (5 EA) & 36" RCP (60 L.F.) 14,540.00$ 14,540.00$ 1 LS 14 INSTALL HEADWALL, PER CT D-89 (W-37') 35,270.00$ 35,270.00 $ CHANGE ORDER REQUEST SUB/T: 49,810.00$
February 22, 2022
Brookfield Residential
3200 Park Center Drive, Suite 1000
Costa Mesa, CA. 92626
Attn: Dave Seach
Re: TRACT 31822-1 / HEADWALL OVER 5-36" S.D. CROSSING IN Normandy - Updated Pricing Thank you for the opportunity to service this project. If there are any questions, please contact us.

Sincerely,
Stephen A. Stewart
Vice President
SS
3838 Brennan Ave., Perris, Ca. 92571 Ph. 951.657.2829 Fax 951.657.1890 Contractor's License No. 505761 Item Title: 10.18
Agreement with Sutter Mitland 01, LLC for the Cash In-lieu of Construction of a Headwall on Normandy Road Item Page Number: 9
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CITY OF MENIFEE
SUBJECT: Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a service agreement with the County of Riverside Transportation Department to perform roadway improvements on behalf of the City on a portion Leon Road from Scott Road to approximately 1,500 feet north of Keller Road; and

2. Adopt a budget adjustment resolution appropriating $60,000 in the general fund into a project account designated by the Finance Department.

DISCUSSION
Annually, the County of Riverside Transportation Department (“County”) plans for the completion of resurfacing projects within its operating jurisdiction. The projects may include improvements of roadways where City and County boundaries meet, and jurisdiction of the roadway is shared. The County has planned to undertake roadway resurfacing improvements in fiscal year 2022/23 along a segment of Leon Road that currently exists as a portion of the southeastern boundary street between the City and the County.

Improvements on Leon Road within City boundaries were completed in previous years; however, significant maintenance efforts to extend the life of the pavement have not occurred recently.

Pothole repairs and other minor repair work have routinely been performed as a function of the City’s regular street maintenance operations.

Upon notification of the County’s project, City staff initiated discussions to collaborate with the County to include improvements on the City’s portion of Leon Road. The work to be performed would include micro-surfacing the roadway within the city boundary as part of the County’s overall resurfacing improvements at the project location.

Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 1
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City of Menifee Staff Report
Service Agreement for Leon Road
September 21, 2022

Page 2 of 3 ends

Menifee City CouncilSeptember 21, 2022

Menifee City Council
September 21, 2022