Agenda packet — West Sacramento City Council, June 5, 2024 (part 6 of 7)

for the elderly).
 Economic development activities that create jobs for low-income persons (e.g. business loans) or assistance to low-income microenterprise business owners.  General administration and planning studies for CDBG eligible projects.

On May 7, 2024, HUD announced the City will receive $519,475 for program year 2024 – the fourth year of the 2021-2025 Consolidated Plan. Additional resources for the 2024 Annual Action Plan will include $100,000 in anticipated program income and $100,000 in prior year resources. Program income is received by the City as past CDBG loans are repaid, or payments are received; prior year resources are unused past allocations due to receipt of program income.

It is important to note that Consolidated Plan goals are planned to be fulfilled during the entirety of the five-year period and not all with CDBG funds. Additionally, given the limited CDBG funds received by the City not every goal may be fulfilled. The draft 2024 Annual Action Plan recommends the following activities and funding allocations:

Activity Consolidated Plan Goal Alignment Allocation
Amount
Homeless Emergency Housing
Rehabilitation Project
Consolidated Plan Goal #1: Address the
supportive services needs of persons
experiencing homelessness and those at risk of
homelessness.

Consolidated Plan Goal #2: Create low barrier
housing opportunities for persons experiencing
homelessness and extremely low-income
households.
$482,660
Homeless Supportive Services
Consolidated Plan Goal #1: Address the
supportive services needs of persons
experiencing homelessness and those at risk of
homelessness.
$92,920
General Administration and
Planning
Consolidated Plan Goal #4 (Low-Priority):

Provide Fair Housing services for low-and
moderate-income residents.
$143,895
Homeless Emergency Housing Rehabilitation Project
Up to $482,660 will be used to support rehabilitation needs for the City’s homeless emergency housing programs.

In December 2020, the City acquired the 40-unit Rodeway Inn to house homeless individuals susceptible to the COVID-19 pandemic. The site provides non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants stabilized and moved into permanent housing. In May 2023, the City expanded its homeless emergency housing offering by acquiring the 21-unit Flamingo Motel. The site also provides non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants into permanent housing. The homeless emergency housing programs at the former Rodeway Inn and Flamingo Motel are expected to terminate in December 2025 and June 2026, respectively (see Attachment 4 for Location Map) in order to implement the Grand Gateway Master Plan. On April 10, 2024, City Council approved the purchase of two additional motel properties at 1809 West Capitol Avenue (Pick Wick Motel) and 1812 Merkley Avenue (El Tejon Motel) for an initial expansion and ultimate longer-term operation of the homeless emergency housing programs. The City anticipates receiving funding for a portion of acquisition and operation costs from the Behavioral Health Bridge Housing (BHBH) Program from Yolo County. Both sites would also provide non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants into permanent housing.

All four sites have different levels of building rehabilitation needs. Staff anticipates that the new Pick Wick Motel and El Tejon Motel will require moderate levels of rehabilitation to ensure the health and safety of program participants and proper program operation. Rehabilitation needs may include, but not be limited to, full electrical system upgrade, full or partial roof repair or replacement, heating/cooling unit replacements, exterior painting, parking lot resurfacing and installation of safety/security equipment such as lighting and cameras. CDBG funds for any rehabilitation work at the Pick Wick Motel or El Tejon Motel would be leveraged with Yolo County BHBH Program funds. The Rodeway Inn and Flamingo Motel sites have gone through some rehabilitation, including roof replacement, sewer line repairs and security system upgrades, but may require additional repairs before the programs terminate. 799
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Homeless Supportive Services
Up to $92,920 will be used to support the case management contract for the Homekey program at the former Rodeway Inn motel. Funding may also be used at either the Pick Wick Motel or El Tejon Motel once those programs are operational, if funding is available and needed. The City is limited to no more than 15% of its annual allocation and program income for social services activities. The goal of the Homekey Program is to get program participants stabilized and moved into permanent housing. It is anticipated that the project will serve 60 homeless households in 2024/2025.

General Administration and Planning
Up to $143,895 will be used for program administration activities including reporting to HUD, conducting environmental review of CDBG funded projects, planning activities such as developing the Annual Action Plan, and affirmatively furthering fair housing by providing fair housing counseling services to residents of West Sacramento. The City is limited to no more than 20% of its annual allocation and program income for general program administration.

Environmental Considerations
Activities receiving CDBG funding must satisfy all National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. HUD requires the City to complete all required NEPA/CEQA reviews prior to initiating any grant activity.

Commission Recommendation
In January and February 2024, staff held presentations at the Economic Development and Housing (EDH) Commission and Parks, Recreation, and Intergenerational Services (PRIS) Commission, respectively, to announce the availability of CDBG funds and obtain feedback for funding recommendations. The EDH Commission recommended programs that centered on Youth Homelessness, Low-income Households and Small Business Assistance. At that time, staff was considering an application for the HUD Section 108 Loan Program to fund a capital improvement project on E and F Streets for sidewalk, lighting and safety improvements. While the Commission was supportive, some Commissioners expressed concerns about public sector funds being used to benefit a private landowner, since the block was owned by a private property owner and ultimately would be developed. The EDH Commission asked if staff considered other projects that fulfilled CDBG objectives and/or leveraged other funds. Since then, the capital project was abandoned because the private property owner submitted an application to the City to develop the site and thus offsite improvements would be the responsibility of the property owner. Using CDBG funding to support emergency housing programs helps to leverage significant grant funding being received through the County BHBH Program.

The PRIS Commission asked about using CDBG funding for mental health and to meet the Slums and Blight national objective. Commissioners also asked about the process of selecting projects with CDBG funding. In addition, Commissioners inquired about the Section 108 Loan Program, which was originally contemplated to fund construction of the Washington Neighborhood Sidewalk, Lighting and Landscape Improvement Program.

Lastly, Commissioners recommended considering CDBG funds to support existing City programs such as the After School Education and Safety (ASES) Program in the future.

Strategic Plan Integration
CDBG funding is a critical component of the City’s mission to provide quality municipal services, infrastructure, community improvements, financially sound city government and a superior workforce. The recommended actions support the 2023 Strategic Priority of Homelessness and Communitywide Impact Management.

Alternatives
In addition to staff’s recommended action, the following alternatives are submitted for the Council’s consideration:

1. Elect to not conduct the public hearing or approve Resolution 24-56; or

2. Continue the meeting to a future meeting date.

These alternatives are not recommended as Council must conduct the public hearing and adopt the 2024-2025 Annual Action Plan to receive and use federal CDBG funding. Additionally, staff must maintain the provided schedule in order to complete the draft Annual Action Plan to meet HUD reporting and funding deadlines.

Coordination and Review
This report and the funding recommendations were coordinated with Capital Projects and Community Outreach and Support Division staff.
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Budget/Cost Impact
The City anticipates receiving $519,475 in CDBG funding for 2024. Annual allocations of CDBG funds are contingent upon the HUD budget as approved by congress. Additional resources for the 2024 Annual Action Plan will also include $100,000 in anticipated program income and $100,000 in prior year resources. Program income is received by the City as past CDBG loans are repaid or payments are received. Prior year resources are past allocations that weren’t used due to receipt of program income.

ATTACHMENTS

1. Resolution 24-56

2. 2024 Annual Action Plan

3. HUD CDBG Income Limits – 2024

4. Location Map
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Attachment 1
RESOLUTION 24-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ADOPTING THE 2024/2025 ANNUAL ACTION PLAN FOR THE COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of West Sacramento (City) is eligible to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as a federal Entitlement jurisdiction authorized under Title 1 of the Housing and Community Development Act of 1977 and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the Fiscal Year (FY) 2024 budget for the Department of Housing and Urban Development (HUD) was enacted on May 7, 2024, and HUD awarded the City of West Sacramento an allocation of $519,475 for the CDBG program; and WHEREAS, the City anticipates receiving $100,000 in program income and $100,000 in prior year resources; and
WHEREAS, there is an ongoing need to house West Sacramento homeless residents that are being temporarily housed in West Sacramento motels under the City’s homeless emergency housing programs located at 817 West Capitol Avenue and 920 West Capitol Avenue; and WHEREAS, the City is in active negotiations to acquire the properties located at 1809 West Capitol Avenue (Pick Wick Motel) and 1821 West Capitol Avenue and 1812 Merkley Avenue (El Tejon Motel) to expand homeless emergency housing programs; and WHEREAS, per HUD regulations, the City must submit an Annual Action Plan to HUD that identifies funding allocations for the period of July 1, 2024, through June 30, 2025; and WHEREAS, the City conducted public hearings on January 24, 2024, and June 5, 2024, to receive public comments on development of the 2024/2025 Annual Action Plan per HUD regulations.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento hereby approves the following 2024/2025 funding allocations for federal CDBG Entitlement funds, and Program income funds:

Homeless Emergency Housing Rehabilitation Project $482,660.00 Homeless Supportive Services at $92,920.00
General Administration and Planning $143,895.00
Total $719,475.00
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of West Sacramento hereby:

1. Adopts the 2024/2025 Annual Action Plan for the federal CDBG program; and

2. Authorizes and directs the City Manager or his designee to execute any agreements, contracts or other documents required by HUD for submission of the Annual Action Plan; and

3. Authorizes and directs the City Manager or his designee to submit the 2024/2025 Annual Action Plan to HUD.
802
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 5th day of June 2024, by the following vote:

YES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
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Attachment 2
Community Development Block Grant Annual Action Plan
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of West Sacramento (City) became eligible to receive federal Community Development Block Grant (CDBG) Entitlement funding from the U.S. Department of Housing and Urban Development (HUD) in Fiscal Year 2016/17. In accordance with HUD regulations, the City developed a five-year Consolidated Plan examining the needs of low-income persons and neighborhoods and setting goals for the use of CDBG funding. The consolidated planning process honors community connections established during previous outreach efforts and builds upon the community concerns voiced during the citizen participation process. The consolidated plan process included: a review of previously collected data, recent census data and other available data; citizen input received from focus groups; presentations to City Commissions, the City Council and interested groups; and three public hearings. The City of West Sacramento's 2021-2025 Consolidated Plan was adopted by the West Sacramento City Council on April 21, 2021 and approved by HUD. The 2021-2025 Consolidated Plan identified six goals to be addressed within the five-year period:
 Consolidated Plan Goal #1: Address the supportive services needs of persons experiencing homelessness and those at risk of homelessness;
 Consolidated Plan Goal #2: Create low barrier housing opportunities for persons experiencing homelessness and extremely low-income households;
 Consolidated Plan Goal #3: Construct infrastructure improvements in low-income neighborhoods;  Consolidated Plan Goal #4: Provide Fair Housing services for low-and moderate-income residents;  Consolidated Plan Goal #5: Support small business success; and  Consolidated Plan Goal #6: Preservation of Affordable housing stock.

For each year of the Consolidated Plan, the City must develop an Annual Action Plan (Action Plan) detailing how CDBG funds will be used to meet the overall goals of the Consolidated Plan. Once an Annual Action Plan is adopted, the federal CDBG Entitlement funding from HUD is distributed to the City on a fiscal-year basis (July-June). At the beginning of each program year (PY), the City is allocated its yearly award and required to use its funds as prescribed within that year's Annual Action Plan.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The Action Plan serves as an outline of the City’s intent to pursue the overall goals of HUD’s community development and planning programs, including:
 Provide decent and quality housing;
 To establish and maintain a suitable living environment; and  To expand economic revitalization opportunities.

The Action Plan also serves as:
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 A planning document for the City, based on a participatory process;  An annual application for federal funds under HUD’s formula CDBG grant program; and  A strategy for administering HUD programs; and
 A plan that provides a basis for assessing performance.

Additionally, the 2024 Action Plan will prescribe how the current year's funding will further the goals outlined within the City's 2021-2025 Consolidated Plan. The 2024 Action Plan will provide funding for activities that further the following goals:
 Consolidated Plan Goal #1: Address the supportive services needs of persons experiencing homelessness and those at risk of homelessness;
 Consolidated Plan Goal #2: Create low barrier housing opportunities for persons experiencing homelessness and extremely low-income households; and
 Consolidated Plan Goal #4: Provide Fair Housing services for low-and moderate-income residents

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Since becoming eligible for the Federal Entitlement program, the City's CDBG allocations have been used to support projects that have furthered the goals outlined within the 2016-2020 Consolidated Plan:
 Consolidated Plan Goal #1 (High Priority): Reduce the incidence and impact of homelessness.  Consolidated Plan Goal #2 (High Priority): Achieve goals in the HUD Challenge Grant funded Washington Realized:

A Sustainable Community Strategy.
 Consolidated Plan Goal #3 (Low Priority): Strengthen economic opportunities for lower-income households.  Consolidated Plan Goal #4 (Low Priority): Affirmatively further fair housing compliance.

A summary of those projects is outlined below by program year.

Program Year 2017 & 2018 Projects
 Permanent Supportive Housing: The 2017 and 2018 Action Plans allocated funding to help acquire property suitable for the development of an initial minimum of 20 units of housing targeted to persons experiencing homelessness and persons at-risk of homelessness. The City partnered with Mercy Housing California to acquire a site to support up to 85 units of permanent supportive housing that would offer low barriers to entry and onsite supportive services to those targeted persons. The Mercy Housing PSH project was completed in December 2021 and remains 100% occupied. This project is in support of addressing Consolidated Plan Goal #1 (High Priority): Reduce the incidence and impact of homelessness.

Program Year 2019 Project
 Washington Public Infrastructure Improvements: The 2019 Action Plan allocated funding support frontage improvements along E and F Streets between Sixth and Fifth Streets to allow for improved ADA accessibility to access public transportation, local parks, and riverfront trails within the Washington Neighborhood. This project is in support of Consolidated Plan Goal #2: Achieve goals in the HUD Challenge Grant funded Washington Realized:

A Sustainable Community Strategy.
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Program Year 2020 & 2021 Project
 Homekey Program: In an effort to assist the homeless amid the COVID-19 pandemic, City Council authorized acquisition of the 40-unit Rodeway Inn motel. The acquisition of the Rodeway Inn was made possible with funds from the State Homekey Program, This project was in support of Consolidated Plan Goal #1 to reduce the incidence and impact of homelessness.

Additionally, the City allocates a portion of its General Administration and Planning cap to fund activities that affirmatively further fair housing. This allocation set aside has been used to participate in the development of a Sacramento regional Analysis of Impediments to Fair Housing and fund a contract with a fair housing services consultant to provide fair housing outreach, counseling, education, testing, enforcement, and landlord/tenant dispute resolution. These services are offered to reduce discrimination and the incidence of homelessness due to avoidable evictions. These activities are in support of addressing Consolidated Plan Goal #4 (Low Priority): Affirmatively further fair housing compliance.

At the end of each program year, the City is required to complete a Consolidated Annual Performance Evaluation Report (CAPER). This annual report is required by the U.S. Department of Housing and Urban Development (HUD). More on the City's evaluation of past performance can be found within these reports. These annual reports are available for public review on the City of West Sacramento's website and copies are available at City Hall (1110 West Capitol Avenue; West Sacramento, CA 95691).

Program Year 2022 Project
Microenterprise Assistance: The 2019 Action Plan allocated funding to provide a microenterprise technical assistance program for low- to moderate-income individuals who currently own or are actively working towards developing a business that is expected to be a microenterprise at the time it is formed. This goal is in support of Consolidated Plan Goal #3 (Low Priority): Strengthen economic opportunities for lower-income households. The City entered a contract with the California Hispanic Chamber of Commerce (CHCC) to administer the program. Due to the COVID pandemic, the program was delayed but the CHCC was able to initiate services in 2022. The program provided a thorough business development and financial literacy process for participants. As a result, a total of 24 business development workshops were conducted in English and Spanish and 17 small businesses received technical assistance services.

Program Year 2023 Projects
River Walk Trail: The 2016 Action Plan allocated funding for design and engineering for improvements to the River Walk Trail from the I Street Bridge north to the Broderick Boat Ramp, located in the Washington Neighborhood (Census Tract 101.01). This project will provide a bike/pedestrian route and ADA improvements to activate the riverfront and allow residents in the Washington neighborhood access to a viable option to reach the job centers in downtown Sacramento without using a motor vehicle. This project was in support of addressing Consolidated Plan Goal #2: Achieve goals in the HUD Challenge Grant funded Washington Realized: A Sustainable Community Strategy. This project was completed in August 2023.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

The City's Economic Development and Housing (EDH) Commission conducted a public hearing on January 24, 2024 to announce the availability of Program Year (PY) 2024 CDBG funding and to receive public comments regarding possible activities for funding. On February 6, 2024, a presentation was made to the City's Parks, Recreation and Intergenerational 806
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Services (PRIS) Commission to receive Commission feedback regarding possible activities for funding. On May 1, 2024, the City Council will conduct a final public hearing to review the Annual Action plan prior to its adoption and provide authorization for submission to HUD for approval.

The draft Action Plan will be made available to the public for a 30-day review period starting March 1, 2024 and ending April 1, 2024. All public hearings and noticing periods were properly noticed in the West Sacramento News-Ledger and emailed to interested individuals and agencies including the Yolo County Homeless and Poverty Action Coalition (HPAC), which acts as the local Continuum of Care, and the Bryte and Broderick Community Action Network (BBCAN).

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments received through the citizen participation process are evaluated and closely considered by staff. CDBG funds are limited and not sufficient to fund all projects discussed during public hearings and other community outreach efforts.

Many suggested activities are eligible for other funding such as Yolo County CalWorks and the City's newly adopted Measure E which will provide funds for homeless services and projects. Projects proposed for 2024 funding will support the City's 2021-2025 Consolidated Plan and address the most significant needs identified during the citizen participation process.

7. Summary
Citizen participation is critical to the CDBG planning process to identity the most pressing needs of lower-income neighborhoods and persons. The City's 2021-2025 Consolidated Plan citizen participation process included extensive outreach to individuals, non-profit organizations, social service agencies and governmental agencies to ensure the most effective use of scarce local resources to affect long-term, substantial change in the lives of lower-income residents of West Sacramento. The citizen participation process for the 2024 Annual Action Plan builds on the consolidated planning process and exceeds the requirements in the City's Citizen Participation Plan.

All comments received through the citizen participation process are evaluated and closely considered by staff. CDBG funds are limited and not sufficient to fund all projects discussed during public hearings and other community outreach efforts.

Many suggested activities are eligible for other funding such as Yolo County CalWorks and the City's newly adopted Measure E which will provide funds for homeless services and projects. Projects proposed for 2023 funding will support the City's 2021-2025 Consolidated Plan and address the most significant needs identified during the citizen participation process.
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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator West Sacramento Economic Development & Housing Department
Table 1 – Responsible Agencies
Narrative (optional)
Consolidated Plan Public Contact Information
Isaah Alford, Community Investment Planner
Economic Development and Housing Department
City of West Sacramento
1110 West Capitol Avenue, 3rd Floor
West Sacramento, CA 95691
(916) 617-4555
[email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of West Sacramento Citizen Participation Plan outlines the process for development of the Action Plan. At a minimum, the City must:
 Conduct at least two public hearings;
 Provide presentations to the Economic Development and Housing Commission and the Parks, Recreation and Intergenerational Services Commission; and  Draft an Annual Action Plan and make it available for public review and comment for a 30-day period prior to adoption.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City is an active participant in the Yolo County Homeless and Poverty Action Coalition (HPAC), which acts as the local Continuum of Care, along with the Yolo County Department of Health and Human Services, the Housing Authority of Yolo County (Yolo County Housing), the U.S. Veteran’s Administration and local health, and mental health and service provider agencies. City staff attends monthly HPAC meetings and is a voting member. Additionally, a City Council member sits on the Yolo County 10-Year Homeless Plan Executive Committee, which oversees county-wide homeless efforts.

The City of West Sacramento is signatory to the ten-year plan entitled “One Piece at a Time: Ending and Preventing Homelessness for Yolo County Residents” available at www.yolocounty.org.

The City employs a full-time Homeless Outreach Coordinator who provides outreach, referrals and case management to homeless individuals; and acts as the City’s liaison with Yolo County and homeless service providers. The City is very involved with local developers of affordable housing. A member of the City Council sits on the Yolo County Housing Authority Advisory Board and City staff are available to provide technical assistance as needed to developers. The City has provided financial assistance to a number of affordable housing developers over the years. Recent examples include the development of West Gateway Place, a partnership between Jamboree Housing and the West Sacramento Housing Development Corporation. West Gateway Place Phase 1 opened in February 2017 with 76 affordable apartment homes. The City provided $8.11 million in permanent financing, which includes $1.1 million of State CDBG program income for public infrastructure needed to support the project. A second phase is under development and City staff are working closely with the developer to develop the project. The City has committed over $10 million for WGP II, including HOME Program Income Funds, Housing Trust Funds and a land carry back loan. The project is anticipated to close escrow in March 2023 and break ground in April 2023. Additionally, the City partnered with Mercy Housing California to develop an 85 units permanent supportive housing project. The City contributed over $3 million in gap financing, including 809
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CDBG funds and Housing Trust Funds. The PSH project was completed in December 2021 and is 100% occupied.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS
City staff participate in the local Continuum of Care known as the Yolo County Homeless and Poverty Action Coalition (HPAC) to ensure that all homeless activities are coordinated with local service providers, the Yolo County Department of Health and Human Services, the Housing Authority of Yolo County and other community partners.

The City shares in the cost for the Yolo County Homeless Coordinator position, along with Yolo County and the Cities of Davis, Woodland and Winters. There are no emergency shelters located in West Sacramento, however the City provides funding to Fourth and Hope, an emergency shelter in Woodland serving many homeless persons originating from West Sacramento. In 2013, the City assisted Friends of the Mission, a non-profit organization associated with Fourth and Hope, to acquire and rehabilitate four units of permanent supportive housing for formerly homeless persons using NSP3 funding received from the State of California. In the mid-1990s, the City provided State CDBG funding to Shores of Hope (formerly United Christian Centers of Sacramento) for the acquisition and rehabilitation of an 11-unit transitional housing facility which now serves transitional aged homeless youth.

For many years, the City has hosted the quarterly Northern California Homeless Roundtable fostering education and collaboration for service providers throughout the region. As noted above, the City is signatory to the ten-year plan entitled “One Piece at a Time: Ending and Preventing Homelessness for Yolo County Residents” adopted in 2009. The City is assisting with a revision of this document to focus on a coordinated entry system for all agencies and programs assisting homeless persons in Yolo County.

The City employs a full time Homeless Outreach Coordinator who provides outreach, case management, referrals and housing search assistance to at-risk and homeless persons. The Homeless Coordinator is part of a Community Intervention Program, a joint partnership between the City's Police Department and the Yolo County Health and Human Services Department facilitating referrals to services such as medical, mental health, social security, food stamps, substance abuse treatment, financial assistance and job counseling.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities 810
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Agency/Group/Organization Yolo County Homeless & Poverty Action Coalition Agency/Group/Organization Type Services – Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Anti-poverty Strategy
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The City emails public notices for all CDBG public
hearings and public review periods to the Yolo County
Homeless & Poverty Action Coalition (HPAC), which
then distributes the emails to their members. The City
meets with the Yolo County Homeless & Poverty Action
Coalition (HPAC) monthly. The City will send the draft
Annual Action Plan to HPAC on March 1, 2024.

Agency/Group/Organization West Sacramento Economic Development and Housing Commission
Agency/Group/Organization Type Other government - Local Business and Civic Leaders
What section of the Plan was addressed by
Consultation?
Economic Development
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The City's Economic Development and Housing (EDH)
Commission is composed of seven West Sacramento
residents tasked by the City Council to provide
recommendations regarding affordable housing and
economic development policy issues. The EDH
Commission conducted a public hearing on January 24,
2024 to receive public comments regarding the
availability of 2024 CDBG funds and possible activities for funding.

Agency/Group/Organization West Sacramento Parks, Recreation and Intergenerational Services Commission
Agency/Group/Organization Type Other government - Local Civic Leaders
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
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Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The Parks, Recreation and Intergenerational Services
Commission is composed of eight City residents tasked
by the City Council to provide recommendations on
programs, facilities and services serving youth and the elderly; in addition to City recreational facilities and trails. The PRIS Commission received a presentation on
February 6, 2024 regarding the use of CDBG funds to
date and was asked to provide comments on activities
under consideration for 2024 CDBG funding.

Agency/Group/Organization Yolo County Homeless & Poverty Action Coalition Agency/Group/Organization Type Services – Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Anti-poverty Strategy
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The City emails public notices for all CDBG public
hearings and public review periods to the Yolo County
Homeless & Poverty Action Coalition (HPAC), which
then distributes the emails to their members. The City
meets with the Yolo County Homeless & Poverty Action
Coalition (HPAC) monthly. The City sent the draft 2024
Annual Action Plan to HPAC on March 1, 2024.

Agency/Group/Organization West Sacramento Parks, Recreation and Intergenerational Services Commission
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Agency/Group/Organization Type Other government - Local Civic Leaders
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or areas for
improved coordination?
The Parks, Recreation and Intergenerational Services
Commission is composed of eight City residents tasked
by the City Council to provide recommendations on
programs, facilities and services serving youth and the elderly; in addition to City recreational facilities and trails. The PRIS Commission received a presentation on
February 6, 2024 regarding the use of CDBG funds to
date and was asked to provide comments on activities
under consideration for 2024 CDBG funding.
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Annual Action Plan 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 2 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting The City consulted all agencies known to have an interest in the needs of low-income persons and all agencies identified in the Citizen Participation Plan as required for Action Plan development. 814
Annual Action Plan 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Yolo County Plan to Address Homelessness –
January 2019
Yolo County The 2024 Annual Action Plan is consistent
with the Yolo County Plan to Address
Homelessness completed by Yolo County in
2019. Through a set of stakeholder
interviews, consumer focus group, and
community meetings the Plan identified four
key issue areas to focus on in developing
solutions and action steps to improved the
homelessness system of care and ultimately
improve housing and health outcomes for
participant. The solutions focus on:
 Strengthening the homeless crisis
response system with an emphasis
on developing prevention services.
 Increasing affordable housing
options of the most vulnerable.
 Stabilizing and maintaining physical
and behavioral health for those with
the highest needs.
 Examining systems-level
coordination and identifying
opportunities for improved
partnership.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
815
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City's Economic Development and Housing (EDH) Commission conducted a public hearing on January 24, 2024 to announce the availability of Program Year (PY) 2024 CDBG funding and to receive public comments regarding possible activities for funding. On February 6, 2024, a presentation was made to the City's Parks, Recreation and Intergenerational Services (PRIS) Commission to receive Commission feedback regarding possible activities for funding. On June 5, 2024, the City Council will conduct a final public hearing to review the Annual Action plan prior to its adoption and provide authorization for submission to HUD for approval.

The draft Action Plan was made available to the public for a 30-day review period starting March 1, 2024 and ending April 1, 2024. All public hearings and noticing periods were properly noticed in the West Sacramento News-Ledger and emailed to interested individuals and agencies including the Yolo County Homeless and Poverty Action Coalition (HPAC), which acts as the local Continuum of Care, and the Bryte and Broderick Community Action Network (BBCAN).
816
817
Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Newspaper Ad Non-English
Speaking - Specify
other language:

Spanish
Nontargeted/
Broad community
A total of three
newspaper ads were
published. One was
to notice public
hearings, and one
was to notice the 30-
day comment period
for the 2024 Action
Plan. The last will be
notice the public
hearing at the May 1,
2024 Council
meeting.

Grants manager
from Yolo Food
Bank submitted a
comment
requesting if any
proposals for this
year’s funding were
submitted.

There were no RFPs
solicited for this year’s
funding. CDBG service
activity was capped at
15% using supportive
services for homeless
individuals.
818
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
2 Public Hearing Non targeted/
Broad community
The Economic
Development and
Housing Commission
recommended
programs that
centered on Youth
Homelessness, LowIncome Households
and Small Business
Assistance. In
addition,
Commissioners
expressed concerns
about public sector
funds being used and
benefitting a private
landowner. The EDH
Commission asked if
staff considered
other projects that
fulfilled a national
objective and
leveraged other
funds. The EDH
Commission
unanimously voted to
approve the motion
to apply for the
Section 108 loan
program.
819
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
3 Internet Outreach Nontargeted/broad
community
For each public
hearing and public
comment period,
notices were
published on the
City's website. These
notices included
information and links
to CDBG program
documents.

Staff received a
recommendation
from a resident
requesting a
portion of the
funding to cover
the cost of the land
and irrigation for a
Community Food
Security project in
relations to
infrastructure
necessary to begin
an Urban Farming
Business. The land
is located at 14140
Best Ranch Rd.

Winters, CA. The
recommendation
also includes
$160,000 will cover
a 40-acre two-year
lease and $140,000
will cover the
business operating
expenses and dirt
work until the first
harvest.

This project is ineligible
to receive CDBG
funding because the
project is not located in
West Sacramento.
820
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
4 Email Listservs Local Continuum
of Care
For each public
hearing and noticing
period, the City sent
emails to the
Broderick and Bryte
Community Action
Network, and the
Homeless and
Poverty Action
Coalition.

Table 4 – Citizen Participation Outreach
821
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
HUD awarded $519,475 in federal Entitlement CDBG funds to the City of West Sacramento for fiscal year 2024/2025. The City estimates receiving $100,000 in program income and $100,000 in prior year resources. In addition, the City has obligated a portion of CDBG General Admin to the provision of fair housing services. These amounts are not included in the Anticipated Resources table below.

The following funding also is available for housing activities: $2,000,000 of State of California HOME program income; $387,731 of State of California CalHome program income; and $2,497,406 in the City of West Sacramento Housing Trust Fund. It is anticipated that much of this money will be used towards the development of affordable housing at West Gateway Place Phase 2.

Anticipated Resources
Program Source Expected Amount Available Year 1
of
Funds
Uses of Funds
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
CDBG PublicFederalAdmin and
Planning,
Economic
Development,
Housing, Public
Improvements
$519,475 $100,000 $100,000 $719,475 $719,475 FY 2024/2025 CDBG allocation of $519,475.

The City anticipates
$100,000 in program
income.

Table 1 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching 822
requirements will be satisfied
The CDBG program does not require matching funds. However, the City of West Sacramento strives to leverage federal funding with State, local and private sources. As noted above, the City also has State CalHome program income of $387,731 and $2,497,406 of local funds in the City’s Housing Trust Fund. It is anticipated that much of this money will be used towards the development of affordable housing at West Gateway Place Phase 2. The City uses local funds including General Fund and Measure N to pay for the City’s Homeless Coordinator and towards a portion of the salary of the Yolo County Homeless Coordinator and overhead at the Fourth and Hope homeless shelter.

In recent years, the City has used Project Homekey funds (a combination of federal and State funds for COVID-19 relief) to purchase a 40-unit motel and converted it to interim housing for homeless persons over age 65 or with health issues placing them at high risk of the COVID-19 virus.

The City provided land for the Mercy Housing 8- unit permanent supportive housing project, in addition to local Housing Trust Funds and CDBG funds in support of the development. The City assisted with applications for a State of California No Place Like Home grant, and private foundation donations from Sutter Health and Partnership Health Plan of California. Yolo County Housing provided 40 project-based vouchers to the project. 823
824
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City owned a parcel at 825 Delta Lane which it partially sold to the developer of the West Gateway Place affordable housing phase 1 for the development of 77 units of affordable housing. The West Gateway Place project was completed in 2016. The City sold the remaining portion of the parcel to the developer for West Gateway Place Phase II, which will produce 60 units of affordable multifamily housing.

The project broke ground in the Summer of 2023 and is expected to be completed in the third quarter of 2024.

The City provided both land and CDBG funds in support of the development of an 85-unit permanent supportive housing project at 1801 West Capitol Avenue for homeless persons with disabilities. The project, a collaboration between Mercy Housing and Yolo County Housing, will operate on a low-barrier entry housing first model. The project was completed and housed in full capacity in December 2021.

In October 2023, the City released the Grand Gateway Request for Proposals. The Grand Gateway is an

8.6-acre site owned by the City that is envisioned with high density, mixed-use infill development. The Grand Gateway will include an affordable housing component. City staff are currently in negotiation with a private developer for the development of the 8-acre site.

Most of the remaining City owned parcels are not appropriate for residential or facility development due to location, size constraints or contamination issues. However, the City will continue to seek usable sites, when available.

Discussion
The City's federal Entitlement CDBG funds are only a portion of total funding allocated to serving the needs of low-income residents and neighborhoods. CDBG funds are allocated to projects where the funding can be used most efficiently, while more flexible funding sources are used for other critical service and infrastructure needs.
825
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
826
Goals Summary Information
Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Address the
supportive
services needs
of persons
experiencing
homelessness
and those at risk
of homelessness
2024 2025 Homelessness Address the
supportive
services
needs of
persons
experiencing
homelessness
and those at
risk of
homelessness
$92,920 Address the supportive
services needs of persons
experiencing homelessness
and those at risk of
homelessness;
2 Create low
barrier housing
opportunities
for persons
experiencing
homelessness
and extremely
low-income
2024 2025 Homelessness Address the
supportive
services
needs of
persons
experiencing
homelessness
and those at
risk of
homelessness
$482,660 Create low barrier housing
opportunities for persons
experiencing homelessness
and extremely low-income
4 Provide Fair
Housing Services
for low to
moderate
individuals
2024 2025 Affordable
Housing NonHomeless
Special Needs
Affirmatively
Further Fair
Housing
Choice
$21,000143,895 Provide Fair Housing services
for low-and moderateincome residents
Table 2 – Goals Summary
Goal Descriptions
827
1 Goal Name Address the supportive services needs of persons experiencing homelessness and those at risk of homelessness Goal Description The goal supportive services for the Homekey program are to get people stabilized and moved into permanent housing. It is anticipated that the project will serve 60 homeless households in 2024/2025. The goal of the supportive housing services for Homekey Program participants is to provide the necessary services like housing navigation, case management and health services which will allow them to achieve self-sufficiency. The goal of the Homekey Program is to find a permanent housing solution for program participants.

Goal Name Create low barrier housing opportunities for persons experiencing homelessness and extremely low-income 2 Goal Description Up to $482,660 will be used to support rehabilitation needs for the City’s homeless emergency housing programs. In December 2020, the City acquired the 40-unit Rodeway Inn to house homeless individuals susceptible to the COVID-19 pandemic; In June 2023 the City expanded its homeless emergency housing offerings by acquiring the 21-unit Flamingo Motel. Both sites are providing non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants stabilized and moved into permanent housing. Staff is currently in negotiations with additional sites for an initial expansion and ultimate longer-term operation of the homeless emergency housing programs The City would receive some acquisition and operations funding from the Behavioral Health Bridge Housing (BHBH) Program from Yolo County. Both sites would also provide non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants into permanent housing. 828
Projects
AP-35 Projects – 91.220(d)
Introduction
The City's Action Plan will primarily fund the Homeless Emergency Housing Rehabilitation Project and Homekey Supportive Services at 817 West Capitol Ave.

Projects
# Project Name
1 Homeless Emergency Housing Rehabilitation Project
2 Homekey Supportive Services
3 2024 General Administration and Planning
Table 3 - Project Information
Up to $482,660 will be used to support rehabilitation needs for the City’s homeless emergency housing programs. In December 2020, the City acquired the 40-unit Rodeway Inn to house homeless individuals susceptible to the COVID-19 pandemic; In June 2023 the City expanded its homeless emergency housing offerings by acquiring the 21-unit Flamingo Motel. Both sites are providing non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants stabilized and moved into permanent housing. Staff is currently in negotiations to purchase additional sites for an initial expansion and ultimate longer-term operation of the homeless emergency housing programs The City would receive some acquisition and operations funding from the Behavioral Health Bridge Housing (BHBH) Program from Yolo County. Both sites would also provide non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants into permanent housing.

The City continues to administer the Homekey program at 817 West Capitol Ave and will allocate $143,749 in CDBG funds for supportive services. In December 2020, the City purchased the 40-unit Rodeway Inn to serve homeless individuals susceptible to the COVID-19 virus. The City used CDBG program income, local Measure E funds, federal Coronavirus Relief Funds and State of California Homekey Program funds to provide non-congregate interim housing for persons experiencing homelessness.

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The Homeless Emergency Housing Rehabilitation Project addresses the supportive needs of persons experiencing homelessness and those at risk of homelessness (Consolidated Plan Goal #1) and creates low barrier housing opportunities for person experiencing homelessness and extremely low-income households (Consolidated Plan Goal #2).

The supportive services for the Homekey program will help program participants get stabilized and moved into permanent housing. It is anticipated that the project will serve 60 homeless households in 2024/2025. 829
AP-38 Project Summary
Project Summary Information
Up to $482,660 will be used to support rehabilitation needs for the City’s homeless emergency housing programs. In December 2020, the City acquired the 40-unit Rodeway Inn to house homeless individuals susceptible to the COVID-19 pandemic. The site is providing non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants stabilized and moved into permanent housing. In May 2023, the City expanded its homeless emergency housing offering by acquiring the 21-unit Flamingo Motel. The site also provides non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants into permanent housing. The homeless emergency housing programs at the former Rodeway Inn and Flamingo Motel are expected to terminate in December 2025 and June 2026, respectively. Staff is currently in negotiations to purchase additional sites for an initial expansion and ultimate longer-term operation of the homeless emergency housing programs. The City would receive some acquisition and operations funding from the Behavioral Health Bridge Housing (BHBH) Program from Yolo County. Both sites would also provide non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants into permanent housing.

All four sites at a different levels of rehabilitation needs. Staff anticipates that additional sites will require moderate levels of rehabilitation to ensure the health and safety of program participants and proper program operation. Rehabilitation needs may include, but not be limited to, full electrical system upgrade, full or partial roof repair or replacement, heating/cooling unit replacements, exterior painting, parking lot resurfacing and installation of safety/security equipment such as lighting and cameras. CDBG funds for any rehabilitation work at any additional sites would be levered with Yolo County BHBH Program funds. The Rodeway Inn and Flamingo Motel sites have gone through some rehabilitation, including roof replacement, sewer line repairs and security system upgrades, but may require additional repairs before the programs terminate.
830
Project Name Homeless Emergency Housing Rehabilitation Project Target Area Citywide
Goals Supported Impact of Homelessness
Needs Addressed Housing Instability and Homelessness
Funding CDBG $482,660
Description The site is providing non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants stabilized and moved into permanent housing. The homeless emergency housing programs at the former Rodeway Inn and Flamingo Motel are expected to terminate in December 2025 and June 2026, respectively.

Staff is currently in negotiations to add additional sites for an initial expansion and ultimate longer-term operation of the homeless emergency housing programs
Target Date December 2025
Estimate the number
and type of families that
will benefit from the
proposed activities
45 households
Location Description
Planned Activities Staff anticipates that any additional sites acquired will require moderate levels of rehabilitation to ensure the health and safety of program participants and proper program operation. Rehabilitation needs may include, but not be limited to, full electrical system upgrade, full or partial roof repair or replacement, heating/cooling unit replacements, exterior painting, parking lot resurfacing and installation of safety/security equipment such as lighting and cameras.

Project Name Homekey Supportive Services at 817 West Capitol Ave Target Area Census Tract 101.01 West Sacramento
Goals Supported Provide Supportive Services for Homeless Persons Needs Addressed Housing Instability and Homelessness
Funding CDBG: $ 92,920
831
Description The City continues to administer the Homekey program at 817 West Capitol Ave and will allocate $92,920 in CDBG funds for supportive services. In December 2020, the City purchased the 40-unit Rodeway Inn to serve homeless individuals susceptible to the COVID-19 virus. The City used CDBG program income, local Measure E funds, federal Coronavirus Relief Funds and State of California Homekey Program funds to provide non-congregate interim housing for persons experiencing homelessness.

Target Date
Estimate the number
and type of families that
will benefit from the
proposed activities
It is anticipated that the project will serve 60 homeless households in 2024/2025.

Location Description 817 W Capitol Ave, West Sacramento, CA 95691 is where activities will be undertaken
Planned Activities The supportive services for the Homekey program will help program participants get stabilized and moved into permanent housing.

Project Name 2024 General Administration and Planning
Target Area
Goals Supported Provide Supportive Services for Homeless Persons Needs Addressed Housing Instability and Homelessness
Funding CDBG: $ 143,895
Description General administration and planning of the CDBG program and planning activities associated with CDBG eligible activities.

Target Date
Estimate the number
and type of families that
will benefit from the
proposed activities
Location Description
Planned Activities Up to $143,895 will be used for program administration activities including reporting to HUD, conducting environmental review of CDBG funded projects, planning activities such as developing the Annual Action Plan, and affirmatively furthering fair housing by providing fair housing counseling services to residents of West Sacramento. The City is limited to no more than 20% of its annual allocation and program income for general program administration
832
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
Minority populations are disbursed throughout the City and the Analysis of Impediments concludes that there are no Census Tracts that meet the HUD definition of a racially or ethnically concentrated areas of poverty (R/ECAP). However, there are Census Tracts with relatively higher concentrations of minority residents, based on the 2019 ACS. Racial disbursement in Census Tract 102.01 and 102.04 is close to the average found throughout the City. However, Census Tract 102.01 has a higher percentage of White households at 71%, compared to the entire City at 55%. Additionally, Census Tract 102.04 has a higher percentage of Hispanic residents at 42%, compared to the entire City at 32%.

Geographic Distribution
Target Area Percentage of Funds
Census Tract (102.01 & 102.04) 80
Table 4 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Geographic location was not the primary basis when allocating 2024 CDBG funds. Census Tract 102.01 and 102.04 are adjacent to each other. Funds were allocated to support the City’s Homeless Initiatives, specifically the Homeless Emergency Housing programs that are located at former motel sites. Location of motel sites that have been acquired by the City are based on prior owner’s willingness to enter into purchase and sale agreements with the City. All motel sites are located along West Capitol Avenue, which is the City’s main corridor. Two motel sites are located on the East end of West Capitol Avenue, the two remaining motel sites are more centrally located on West Capitol Avenue.

Discussion
Racial disbursements in Census Tracts 102.01 and 102.04 are close to the average racial disbursement citywide. However, Census Tract 102.01 has a higher percentage of White household at 71% compared to 55% citywide. Census Tract 102.04 has a very similar percentage of white households at 59% compared to 55% citywide. Census Tract 102.01 has a lower percentage of Two or More Races at 9% compared to 16% citywide. Lastly, Census Tract 102.04 has a higher percentage of Hispanic households at 42% compared to 32% citywide. The City has made or will be making considerable improvements to all sites, which will help improve the immediate areas. 833
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
In California, the most significant barrier to affordable housing development is the cost of housing relative to household income. Bridging the gap between the two requires a considerable amount of subsidy. The City of West Sacramento has developed housing policies to encourage the development of affordable housing for lower-income residents. Despite the City’s policies, development of affordable housing is a lengthy and costly process. Multiple funding sources are usually must be “layered” for each project.

Conflicting requirements between the various funding sources can result in costly delays and escalating construction costs. The cost of land, land use restrictions, development impact fees, environmental analysis and mitigation, federal and State prevailing wage also have an impact on the cost of development.

One Year Goals for the Number of Households to be Supported Homeless 105
Non-Homeless
Special-Needs
Total
Table 6 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance
The Production of New Units
Rehab of Existing Units 45
Acquisition of Existing Units
Total
Table 7 - One Year Goals for Affordable Housing by Support Type Discussion
The City continues to administer the Homekey program at the former Rodeway Inn. In December 2020, the City purchased the 40-unit Rodeway Inn to serve homeless individuals susceptible to the COVID-19 virus. The City used CDBG program income, CDBG CARES Act (CDBG-CV), local Measure E funds, federal Coronavirus Relief Funds and State of California Homekey Program funds to provide non-congregate interim housing for persons experiencing homelessness. The goal of the program is to get people stabilized and moved into permanent housing. It is anticipated that the project will serve 60 homeless households in 2024/2025.

The homeless emergency housing programs at the former Rodeway Inn and Flamingo Motel are expected to terminate in December 2025 and June 2026, respectively. Staff is currently in negotiations to acquire additional sites for an initial expansion and ultimate longer-term operation of the homeless emergency housing programs. The City would receive some acquisition and operations funding from the Behavioral Health Bridge Housing (BHBH) Program from Yolo County. Both sites would also provide non-congregate 834
interim housing for persons experiencing homelessness with a goal of getting program participants into permanent housing.

The City has committed State of California HOME program income and local Housing Trust Fund money the development of 60 units of affordable housing at West Gateway Place Phase 2. The project is currently under construction and expected to be completed in program year 2024. 835
AP-60 Public Housing – 91.220(h)
Introduction
Actions planned during the next year to address the needs to public housing Yolo County Housing has applied for the HUD Rental Assistance Demonstration program (RAD) to preserve affordable housing in the jurisdiction. As part of the application process, Yolo County Housing has received a Commitment to Enter into a Housing Assistance Payment contract from HUD. RAD, or a similar repositioning strategy as approved by HUD, will allow the housing authority to convert public housing into a more sustainable financial framework and enable the agency to address deferred maintenance needs of the properties. In addition, repositioning allows for the public housing projects to transition into mixed income developments where feasible.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Yolo County Housing administers a Family Self Sufficiency Program that enables HUD-assisted families to increase their earned income and reduce their dependency on welfare assistance and rental subsidies.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not Applicable. HUD has designated the Yolo County Housing Authority as a high performing agency.

Discussion
836
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City of West Sacramento is an active member of the Yolo County Homeless and Poverty Action Coalition (HPAC), the local Continuum of Care organization. The City works with HPAC member agencies to provide outreach, assessment, case management, supportive services, interim housing and permanent supportive housing for at-risk and chronically homeless individuals and families.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City’s Homeless Coordinator is embedded in the Police Department and works closely with Yolo County and other service providers to address the needs of persons experiencing homelessness in West Sacramento. The Homeless Coordinator primarily works “in the field” and often makes first contact with unsheltered individuals and families. The Coordinator is tasked with intake assessments, referrals to needed services, case management, and assistance with gaining permanent housing situations. Homeless families with children are referred to Yolo County CalWORKs program to access the services and assistance they provide. Individuals without children do not qualify for CalWORKs and are the focus of the Homeless Coordinator’s case management services.

Addressing the emergency shelter and transitional housing needs of homeless persons The City of West Sacramento has taken a multi-modal approach to addressing the impact of homelessness. As noted above, the City’s Homeless Coordinator is the first point of contact for most persons experiencing homelessness. In addition, the City funds a portion of the Yolo County Homeless Coordinator position and pays towards overhead at the Fourth and Hope Homeless Shelter in Woodland (formerly known as the Yolo Wayfarer Center). Many of the shelter’s residents originate from West Sacramento. Shores of Hope (formerly known as Broderick Christian Center) operates 11 units of interim housing in West Sacramento for youth transitioning out of foster care or who have been victims of trafficking. The City purchased, rehabilitated and gave the units to Shores of Hope in the 1990s.

In partnership with Yolo County, the City purchased the 40-unit Rodeway Inn to serve homeless individuals susceptible to the COVID-19 virus in 2020. The City used CDBG program income, CDBG-CV and State of California Homekey funds to provide non-congregate interim housing for persons experiencing homelessness who are in high-risk categories.

Staff is currently in negotiations to acquire additional sites for an initial expansion and ultimate longerterm operation of the homeless emergency housing programs. The City would receive some acquisition and operations funding from the Behavioral Health Bridge Housing (BHBH) Program from Yolo County.

Both sites would also provide non-congregate interim housing for persons experiencing homelessness with a goal of getting program participants into permanent housing Helping homeless persons (especially chronically homeless individuals and families, families with 837
children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
In addition to the City's Homeless Coordinator noted above, the Yolo Family Resource Center (FRC) assists individuals and families to access the support and resources needed to encourage health, stability and self-sufficiency. The FRC operates a HUD funded Rapid-Rehousing program to help at risk individuals and families avoid becoming homeless. Shores of Hope provides employment counseling, and job training to extremely low-income persons. Member agencies of HPAC (the Continuum of Care) work closely with institutions to minimize the incidence of discharge into a homeless situation.

Helping low-income individuals and families avoid becoming homeless, especially extremely lowincome individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

In addition, a portion of 2024 CDBG funding was allocated towards fair housing services that included counseling and landlord/tenant dispute resolution services to provide a complementary approach towards achieving the goal of reducing the incidence of homelessness. Resolving issues between vulnerable households and their landlords before they escalate to the point of an eviction can help many to maintain housing security.

Discussion
838
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

In California, the most significant barrier to affordable housing development is the cost of housing relative to household income. Bridging the gap between the two requires a considerable amount of subsidy. The City of West Sacramento has developed housing policies to encourage the development of affordable housing. Despite the City’s policies, development of affordable housing is a lengthy and costly process.

Multiple funding sources are usually must be “layered” for each project. Conflicting requirements between the various funding sources can result in costly delays and escalating construction costs. Land use restrictions, development impact fees, environmental analysis and mitigation, federal and State prevailing wage also have an impact on the cost of development.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The cost of land, development and construction is the most difficult barrier to the creation of affordable housing in West Sacramento. To address this barrier, the City created a Housing Trust fund that has provided financial assistance to 161 units of affordable housing since inception in 2014. Additional Housing Trust Fund money has been committed to the development of 60 units of affordable housing at the West Gateway Place Phase 2 project. City staff provide support to developers of affordable housing and assist with federal and State funding applications if needed.

In 2014, the City adopted an inclusionary housing ordinance that requires developers of multifamily projects to make 5% of units affordable to Very Low-Income households and 5% to Low-Income Households. For sale projects must make 10% of units available to Low-Income Households. Inclusionary units are generally required to be built onsite and disbursed to avoid over-concentration. The ordinance allows developers to propose an alternative such as payment of in-lieu fees to be placed in the City’s Housing Trust Fund.

The City’s zoning ordinance provides for a wide range of housing to meet the needs of households across a broad spectrum of income levels. The ordinance allows residential development in both residential and commercially zoned areas. Four residential zoning designations allow single family development by right, one allows it with a minor use permit, and one allows with a conditional use permit. Three residential zoning designations allow multifamily development by right. The Central Business District, Commercial, Mixed-Use and Waterfront zoning designations allow residential development. The City provides a “density bonus” which encourages the production of lower-income and senior housing.

Discussion:

The City is currently in the process of updated the Housing Element to the General Plan. The Housing Element to the General Plan addresses housing needs, affordability, availability, condition of housing stock and constraints to housing development. The 2021 Housing Element Update focuses on the concept of fostering “complete communities” that link housing with access to public and private services, jobs and a variety of mobility choices. The Housing Element Update encourages community design supporting active lifestyles and social interaction.
839
AP-85 Other Actions – 91.220(k)
Introduction:

One of the primary obstacles to meeting underserved needs of residents is the availability of funding. The City actively seeks additional funding opportunities and will continue to do so when funds are available.

The City collaborates with private, non-profit and governmental partners to maximize benefits to needy and vulnerable residents.

Actions planned to address obstacles to meeting underserved needs The most significant need in West Sacramento is housing affordable to the lowest income residents. The City’s inclusionary housing ordinance requires developers of multifamily projects to make 5% of units affordable to Very Low-Income households and 5% to Low-Income Households. For sale projects must make 10% of units available to Low-Income Households. Inclusionary units are generally required to be built onsite and disbursed to avoid over-concentration. The ordinance allows developers to propose an alternative such as payment of in-lieu fees to be placed in the City’s Housing Trust Fund.

Actions planned to foster and maintain affordable housing The City works closely with developers of affordable housing interested in creating new housing opportunities in West Sacramento. The City has obligated $2,000,000 of State of California HOME program income and $3,100,000 in local funds from the Housing Trust Fund for future development of affordable housing.

The City’s Owner-Occupied Housing Rehabilitation Program provides assistance to Low- and ModerateIncome homeowners to maintain their homes.

Actions planned to reduce lead-based paint hazards
The City requires all construction assisted with CDBG or other federal housing funds to comply with HUD lead-based paint hazard reduction requirements. Over the years, the City has provided assistance to 227 lower-income homeowners through the Owner-Occupied Housing Rehabilitation Program. Homes of an age that places them at-risk of lead-based pain contamination are provided testing and abatement assistance, when appropriate. At this time, the City does not have funding for the program, but anticipates securing a funding source and reinstating the program during the five-term term of this plan.

The City provides support and technical assistance to owners of affordable multifamily units seeking financing for rehabilitation of their properties. The City applies for funding on behalf of an affordable project or will provide local funds when available. Lead-based paint testing and abatement are funded, when appropriate.
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Actions planned to reduce the number of poverty-level families As an active member of the Yolo County Homeless and Poverty Action Coalition (HPAC), the City supports non-profit, for-profit, governmental and faith-based organizations providing services to the neediest residents of the community. Each year, the City provides funding towards the salary of county staff assigned to administer HPAC and to homeless shelter at Fourth & Hope located in Woodland.

In 2019, the City participated with HPAC, Yolo County, and the cities of Davis, Woodland and Winters to develop the Yolo County Plan to Address Homelessness. The plan establishes a set of solutions to improve and expand the system of care across the county which focuses on strengthening the homeless crisis response system with an emphasis on developing prevention services; increasing affordable housing options for the most vulnerable; stabilizing and maintaining physical and behavioral health for those with the highest needs; and examining systems-level coordination and identifying opportunities for improved partnership.

The West Sacramento Homerun program provides access to high-quality learning for children of all income levels and financial assistance for post-secondary education and training. The Summer STEPS program has been integrated into the Homerun and provides opportunities for youth to develop valuable workplace skills. The goal of the Homerun program is to prepare youth to enter adulthood with the skills needed to obtain meaningful employment, start new businesses and raise thriving families in West Sacramento
Actions planned to develop institutional structure
The City of West Sacramento is a participating member of the Yolo County Homeless and Poverty Action Coalition (HPAC). The HPAC provides leadership on homeless issues and acts as the Continuum of Care (CoC) for West Sacramento, Davis, Woodland, Winters and the unincorporated portions of Yolo County.

HUD tasks the CoC to promote community-wide planning and strategic use of resources to address the many needs of homeless individuals and families. The HPAC is working towards a more structured governance model to ensure that homeless service agencies continue to receive HUD funding. The City will remain a voting member under the new CoC structure and will continue to be an active supporter of HPAC efforts.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to be an active participant in the Yolo County Homeless and Poverty Action Coalition (HPAC) as it facilitates coordination between public and private housing and social service agencies serving lower-income and homeless individuals and families. The City's Homeless Coordinator acts as a liaison between the City's housing programs, the Police Department, Yolo County Department of Health and Human Services and other social service agencies. The Homeless Coordinator is co-located at the Police Department, just across the street from Yolo County offices, to expedite referrals to needed services and 841
to coordinate service delivery.

Discussion:

The City of West Sacramento participated in the Sacramento Valley Analysis of Impediments to Fair Housing Choice (AI), a planning process for local governments and public housing agencies to take meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination. The City will provide CDBG funds to provide fair housing counseling and education as recommended in the study. 842
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan

3. The amount of surplus funds from urban renewal settlements

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan.

5. The amount of income from float-funded activities
Total Program Income
Other CDBG Requirements

1. The amount of urgent need activities
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Attachment 3
2024 HUD Area Median Household Income for Yolo County
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Location Map
Attachment 4
Flamingo
Rodeway Inn
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CITY COUNCIL AGENDA REPORT
MEETING DATE: June 5, 2024 ITEM #19
SUBJECT:

PUBLIC HEARING AND CONSIDERATION OF FIRST READING OF ORDINANCE 24-8

PERTAINING TO AN AMENDMENT TO THE TERM OF THE RIVER PARK

DEVELOPMENT AGREEMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ ] Staff
[ X ] Other
Seamus Laffey, Senior Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The purpose of this item is to provide the City Council with sufficient information to consider an amendment to the term of the existing Development Agreement (DA) between Sun M Capital, LLC and the City of West Sacramento for the River Park project. The proposed DA amendment would extend the term to July 18, 2026.

RECOMMENDED ACTION
Staff respectfully recommends that the Council:
1) Conduct the public hearing;
2) Find that the amendment to the term of the existing River Park Development Agreement between Sun M Capital, LLC and the City of West Sacramento does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and
3) Waive first reading and read by title only Ordinance 24-8 regarding a proposed second amendment to a Development Agreement (“DA Amendment”) with Sun M Capital, LLC.

BACKGROUND
On June 18, 2008, the City Council approved the River Park master plan project consisting of up to 2,284 residential units, parks, open space, and a small commercial site in the Southeast Village of Southport (see Attachment 1, River Park Location Map). As part of the project approvals, a Development Agreement (DA) was entered into with the primary landowner that at the time controlled 452 acres. In addition to the DA, project approvals included a General Plan Amendment, rezoning, design guidelines, a finding of consistency with Resolution 06-63, and an Environmental Impact Report (EIR). The DA had a 15-year term that became effective on July 18, 2008 (see Attachment 2, River Park Development Agreement). The City Council approved a oneyear extension to the DA on June 7, 2023, extending it to July 18, 2024.

The DA approved in 2008 was with the prior property owner, SCL West Sac Holdings LLC. In 2008-2009 during the early period of the Great Recession, much of the property was foreclosed upon by the lender and some properties reverted back to their original owners. Sun M Capital, LLC acquired the River Park project properties from the lender, and on April 25, 2011, the DA was assigned and assumed by Sun M with approval from the West Sacramento City Manager and City Attorney. Sun M assumed the obligations in the DA as they were originally approved. The City Council approved a one-year extension to the DA on June 7, 2023, extending it to July 18, 2024.

Since Council’s approval of the project in 2008, the West Sacramento Area Flood Control Agency (WSAFCA) constructed the Southport Levee Improvement Project along the Sacramento River. The levee project expanded the Sacramento River channel with the construction of a new setback levee and removal of the prior levee. This required acquisition of a considerable portion of the approved River Park project area, which was unique relative to other large development sites in Southport. Once the extent of WSAFCA’s land acquisition needs were known and executed, Sun M Capital, LLC applied for project modifications to reflect the updated project levee footprint.

The River Park project area is currently planned for residential development of varying densities, neighborhood commercial, open space, parkland uses and land for possible dedication to the school district for a new school site. The project would implement the current General Plan goal of residential development in this part of Southport. A residential village has been planned in the southeast corner of Southport since the 1990’s era Southport Framework Plan.
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City staff are currently processing the modifications requested by the applicant, which require an updated environmental analysis, fiscal analysis, amendments to Southport Framework Plan, Southport Design Guidelines and land use entitlements that will be heard by the Planning Commission and City Council at a future date after public outreach and workshops. The DA will also require renegotiation to accommodate the project’s modifications and extended term. The updated environmental analysis will consider all required resource areas such as vehicle miles travelled, greenhouse gas emissions, energy use, public facilities and services, habitat, etc. Issues such as affordable housing, funding of long-term public safety and infrastructure operations and maintenance are being reviewed. It is too early in the process to know if staff will support the applicant’s request.

A summary of the original entitlements and proposed modifications is provided as an attachment to this report (See Attachment 3, Development Summary).

Prior to any development commencing, the applicant will need to submit tentative subdivision map applications to subdivide the large properties. The tentative subdivision map will be subject to review by the City’s Planning Commission. The City Council ministerially approves the final maps after all conditions of each tentative map have been met. As there are numerous steps to successfully complete prior to commencing project construction, staff anticipates that development is at least a few years away, especially if Sun M sells the entitled project to another developer or homebuilder.

DAs are tantamount to contracts negotiated between project applicants and the City. They are not required but are common for larger development projects. DAs often provide a vested right to the applicant so they can proceed ahead with the development as approved by the City Council at the time the project is approved in accordance with the existing policies, rules, and regulations at the time. This surety/guarantee is attractive for developers required to make large up-front investments in infrastructure for large projects that take many years to complete. Similarly, a DA can include a developer’s commitment to project amenities, specific phasing and timing of improvements and other terms that provide the community with a level of certainty.

General Plan
The City’s General Plan guides the future development of the City and the last comprehensive update that included land use changes was approved by the City Council in 2016. The properties that make up the River Park project include a variety of land uses including Rural Residential, Low Density Residential, Medium Density Residential, High Density Residential, Commercial, Recreation and Parks, Open Space and Public/ QuasiPublic. The General Plan land uses provide for approximately 4,050 residential dwelling units within the project site if developed at the maximum density. However, DA Section 19.4 limits the number of residential dwelling units to 2,284.

ANALYSIS
The proposed DA Amendment would extend the existing DA’s term for an additional two years, setting the new expiration date as July 18, 2026 (see Attachment 4, Ordinance 24-8). This extension will preserve the status quo and does not approve any of the project modifications requested by the applicant. It would also allow staff and the current landowner to renegotiate the DA to reflect current policy objectives while processing the other entitlements. This way, when everything is ready it can be brought before the Planning Commission and City Council as a comprehensive package.

Extending the DA preserves the obligations required of the developer that could not otherwise be attained through typical entitlements such as conditional use permits and subdivision maps. It is also important to note that even if the DA were to expire the project could still proceed. Highlights of these DA obligations are provided below.

6.2 Vesting Tentative Maps
Any vesting tentative map filed in connection with the project will not vest the project landowner in any rights with respect to any matter that is identified in the DA. This DA does not provide the project landowner with any fee vesting.

10.1 Master Affordable Housing Agreement
Prior to the approval of the first residential small lot tentative subdivision map, or the first use permit, zoning administrator permit, design review approval, or building permit for a land use not requiring a small lot tentative map, the parties shall enter into a Master Affordable Housing Agreement to the City's satisfaction in accordance with the provisions of Chapter 15.40 (the "Inclusionary Housing Ordinance"), in general, and Section 15.40.110, in particular, of the West Sacramento Municipal Code. 848
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Traffic Improvements (Exhibit H)
 Landowner required to Install a traffic signal at the Jefferson Boulevard/Davis Road intersection.  Landowner required to reconstruct Davis Road to latest Rural Road Standards, both within the Project and to the west of Project to Jefferson Blvd., including traffic calming measures.  Landowner required to redesign and reconstruct Davis Road/Gregory Avenue/Jefferson Blvd.

Intersection.

12.6.2 South River Road (Mike McGowan) Bridge Project
Landowner is required to pay their fair share cost for the design and construction of the South River Road bridge (McGowan Bridge). Because this bridge has already been constructed these funds could be redirected to the design of the Enterprise Crossing.

15.1 Public Safety
In order to pay the start-up costs for one public safety officer for all three shifts for the first five years, Landowner shall pay $330,000 per year for five years, payable over five annual installments. The first installment shall be paid prior to issuance of the first building permit for the third phase of the Project (as described in Exhibit C), and the subsequent four installments shall be paid no later than each annual anniversary date thereafter. Landowner acknowledges that the City may adjust the $330,000 amount to account for inflation based upon the Consumer Price Index for the region. If the parties mutually agree, a CFD (or other financing mechanism acceptable to the City) may be established to finance said public safety officer position.

15.2 School Dedication
Landowner shall enter into a mitigation agreement with the Washington Unified School District ("the WUSD"), to the satisfaction of the WUSD, for the phasing and development of school facilities to serve the Project. Prior to issuance of a building permit for the Project, Landowner shall provide the City with evidence of the fully executed mitigation agreement.

15.4 Enhanced Transit System
Prior to the approval of the first small lot final map for the Project, Landowner shall participate in a phased funding mechanism to finance capital costs for an enhanced transit system, which Landowner's contribution is initially estimated at one million seven hundred thousand dollars ($1,700,000), and participate in a phased financing mechanism for annual operating costs, initially estimated at six hundred thousand dollars ($600,000). Adjusted for inflation this is approximately $2,413,00 and $851,000 annually. The assessment district shall include the Project and any other projects as bound between Jefferson Boulevard, the Sacramento River, and the barge canal, for an enhanced Southport-wide transit system upon City adoption. The Comprehensive Land Use Phasing Plan (Exhibit C) shall address the timing and/or phasing of such mechanism. Landowner acknowledges that the City may adjust the amounts to account for inflation based upon the Consumer Price Index for the region, and further acknowledges that the City may request during the term of this Agreement that the Comprehensive Land Use Phasing Plan (Exhibit C) be amended to account for Landowner's fair share of transit costs. 16 Rural Residential Setback
A thirty (30) foot minimum building setback shall apply for parcels within the Project that are immediately adjacent to the existing rural residential lands on the south side of Davis Road.

19.4 Limitation on Number of Units
Landowner acknowledges and agrees that the development of this Project shall not exceed 2,284 residential units. Landowner expressly waives its rights under the Development Agreement Law to request an amendment to this Agreement or the Project Approvals for the purpose of increasing the number of units for this Project to more than 2,284 residential units.

With the Governor’s signing of the Housing Crisis Act of 2019 (SB 330), local government’s review authority over qualifying housing projects has been significantly reduced. Since the project site is already zoned for single family and multifamily residential use there is less incentive for a project applicant going forward to request a DA that includes providing negotiated fees and exactions, such as what is in the River Park DA and identified above.

SB 330 provides that a qualifying housing development project is only subject to the ordinances, policies, and standards adopted and in effect when a “preliminary application” is submitted, which occurs at the outset of the entitlement process. Development impact fees, charges, or other monetary exactions are also vested at that 849
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same time for the life of the project. Additionally, SB 330 provides that no more than five public hearings, including continued hearings and appeals, may be held on a project after an application for a qualified housing development project is deemed complete. Parcels of land where housing is an allowable use may also not be downzoned, and general or specific plan land use designations may not be changed to a less intensive use unless there is an upzoning elsewhere in the City that would allow the equivalent number of dwelling units. Staff supports an extension of the existing DA in part because of this reduced review authority over housing projects under SB330.

Environmental Considerations
As part of the project’s approval in 2008, an EIR (State Clearinghouse #2005062027) was prepared and certified to satisfy requirements of the California Environmental Quality Act (CEQA). Staff has determined that the DA extension does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines since no changes or revisions to the project are proposed with this DA extension. A Subsequent EIR is being prepared for the proposed project amendments and that updated environmental document will require public review and certification by the Planning Commission and City Council when the project amendments are heard by the City Council at a future date.

Planning Commission
The Planning Commission adopted Resolution 24-1PC on May 2, 2024, recommending the City Council extend the River Park DA for up to an additional two years (see Attachment 5, Resolution 24-1PC). Multiple public comments were provided at the meeting regarding the topics detailed below.

Resolution 06-63
Resolution 06-63 was adopted by Council in 2006 and established review standards for major Southport development projects (see Attachment 6, Resolution 06-63). Specifically, it requires major development projects in Southport, defined as being over 300 dwelling units, to be reviewed against the Issues and Guiding Principles contained in the Southport Decision Process and for conformance with the City's General Plan and baseline development intensities in the Southport Framework Plan. The City Council found that the River Park project was consistent with the requirements of Resolution of 06-63 when it was approved in 2008. This item is an extension of the DA that was approved and found to be consistent with Resolution 06-63 in 2008.

Rural Buffer
The Southport Framework Plan, adopted in 1995, established the foundation for four pedestrian oriented villages in Southport that would be separated from each other by rural residential and open space buffers. Resolution 06-63 also requires the rural residential and open space buffers between the four Southport villages. To satisfy this requirement the River Park project provides lower intensity residential zones along the periphery of the project and DA Section 16 also requires a thirty (30) foot minimum building setback for parcels that are immediately adjacent to the existing rural residential lands on the south side of Davis Road. This is double the setback required by the underlying Single Family Residential (R1-B) zoning designation. Additionally, DA Exhibit B requires the design guidelines to be updated to reflect one story height limits for lots adjacent to existing Davis Road rural lots.

Davis Road
The portion of Davis Road west of the Clarksburg Branch Line Trail is not public right of way and the portion east of the trail is public right of way. The project will have multiple points of public access to the rest of Southport from Village Parkway and a future southern extension of Stonegate Avenue. Per Exhibit H of the DA the project landowner is required to install a traffic signal at the Jefferson Boulevard/Davis Road intersection, reconstruct Davis Road to latest Rural Road Standards, and to redesign and reconstruct the Davis Road/Gregory Avenue/Jefferson Blvd.

Traffic impacts
An environmental impact report was certified for the River Park project as part of the project approvals in 2008.

Many of mitigation measures have already been completed, such as the extension of Village Parkway south to Gregory Avenue and construction of the McGowan Bridge. The DA also requires additional improvements to the City’s transportation network. Per Exhibit H the landowner is required to install a traffic signal at the Jefferson Boulevard/Davis Road intersection, reconstruct Davis Road to latest Rural Road Standards, and to redesign and reconstruct the Davis Road/Gregory Avenue/Jefferson Blvd. intersection. Additionally, DA Section 15.4 requires the landowner to participate in a phased funding mechanism to finance capital costs for an enhanced transit system which landowner's contribution is initially estimated at one million seven hundred thousand dollars 850
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($1,700,000), and to participate in a phased financing mechanism for annual operating costs, initially estimated at six hundred thousand dollars ($600,000). Both figures would be adjusted for inflation.

Southport Housing Units
Per the 2020 US. Census, 8,481 dwelling units are in Southport. That has increased to approximately 8,714 dwelling units by 2023 per ESRI’s Business Analyst. Additional residential development in the pipeline includes River Park (approved for 2,284 units), Yarbrough (approved for 3,004 units), and Liberty (planned for 1,503 units). Stone Lock will also likely have a considerable number of residential units.

Strategic Plan Integration
Extension of the DA furthers the Council’s 2024 Strategic Plan Principle of Core Services and Infrastructure because it preserves the fiscal sustainability and infrastructure requirements for the River Park development project.

Alternatives
The Council’s primary alternative is to conduct the public hearing and vote to not approve the amendment to the DA for an extension of time on the River Park project. Although staff does not recommend this alternative, staff is prepared to effectuate this alternative upon the Council’s direction. Council could also approve an extension of less than two years or require City Manager approval for the second year.

Coordination and Review
This report was written and reviewed in coordination with the Planning Division and the City Attorney’s office.

Budget/Cost Impact
Costs associated with review of the project are paid by the applicant via an existing reimbursement agreement.

ATTACHMENTS
1) Location Map
2) River Park Development Agreement
3) Development Summary
4) Ordinance 24-8
5) Resolution 24-1PC
6) Resolution 06-63
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River Park offers convenient access to West Sacramento neighborhoods and downtown Sacramento, north and northeast of the project area, respectively (see location map above). Directly east, across the Sacramento River, are the Sacramento neighborhoods of Land Park, Greenhaven, and the Pocket area; to the southeast are Elk Grove and the community of Florin. Unimproved agricultural and single-family residential areas are west and south of the project area.

The original Southport Framework Plan designated four quadrants, or “villages”: the Northeast, Northwest, Southeast, and Southwest Villages (see map above). River Park occupies most of the Southeast Village, the smallest of the four villages. Each village in Southport is being designed as a separate, internally cohesive community; all eventually will be connected by Village Parkway, which will circumnavigate Southport. As shown in the map, Village Parkway will be extended south past Lake Washington Boulevard into River Park, where it will turn west and connect to the existing Village Parkway at Jefferson Boulevard. Stonegate Drive will be extended from Linden Road south to the proposed Village Parkway extension, connecting River Park to Southport’s Northeast Village. South River Road, which borders River Park along the riverfront, connects River Park with Southport’s other three villages.

2.0 Location and Context

REGIONAL CONTEXT SOUTHPORT CONTEXT
Sacramento Int’l AirportPort of SacramentoSOUTHPORT FRAMEWORKPLAN AREARIVER PARKSacramento RiverProposed Village ParkwayYolo “Rails-to-Trails” ParkwayCity of West Sacramento Boundaryand the SOUTHEAST VILLAGE Northwest VillageNortheast VillageSouthwest VillageSOUTHEAST VILLAGE Location Map: City of West Sacramento
Southport Framework Plan Area
Village Boundary
Southport Framework Plan Area BoundaryProposed Major Roadways Existing Major Roadways
River Park Project Area Boundary
pg 10
Location and Context Design Guidelines
RIVER PARK Master Planned Village
Sacramento River
Yolo “Rails-to-Trails” Parkway
Jefferson Blvd.

Village Parkway
Deep Water Channel City of Sacramento
Stonegate Dr.

Bevan Rd.

Davis Rd.

Lk. Washington Blvd.

South River Rd.

Linden Rd.

REGIONAL CONTEX

T SOUTHPORT CONTEX
T
Downtown Sacramento
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Attachment 3
Table 1 River Park Development Summary (2008)
Total River Park Project Area
(2008 River Park EIR)
Property Within River Park DA
(Approved Project)
Total
Acres 494.4 452.4
Total
Dwelling
Units
2,788 2,284
Table 2 Proposed Modifications
Southport Levee
Project
Total River Park Project
Area (Includes NonParticipating Property
Owners)
River Park Property
Controlled by Sun M &
Participating Property
Owners
Total
Acres 120.9 acres* 373.5 acres remain 313.2 acres remain Total
Dwelling
Units
N/A 2,714 2,312 units proposed
*The 120.9 acres of land acquisition includes acquisition of land for the levee and widened river channel, Village Parkway and properties previously part of the project but encumbered by levee easements.
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Attachment 4
2343517.1 7203-364
ORDINANCE 24-8

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF WEST SACRAMENTO AND SUN M CAPITAL, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose And Authority. The purpose of this Ordinance is to amend that certain Development Agreement by and between the City of West Sacramento and Sun M Capital, A California Limited Liability Company, dated June 18, 2008 (“Development Agreement”).

Section 2. Amendments. The City and Sun M Capital, LLC, successor to the developer parties to the Development Agreement, hereby amend the Development Agreement according to the terms and provisions of the Second Amendment, attached hereto as Attachment A.

Section 3. Severability. If any provision of this Ordinance, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Ordinance, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 4. Effective Date and Publication. This Ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this __day of ___________ 2024, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Martha Guerrero, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY ___ UNCODIFY _X_
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Attachment A

SECOND AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND SUN M CAPITAL, A CALIFORNIA LIMITED LIABILITY COMPANY This SECOND AMENDMENT to the DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO AND SUN M CAPITAL, LLC dated June 18, 2008, is entered into by and between SUN M CAPITAL, LLC (“Developer”) and the City of West Sacramento, a municipal corporation (“City”) is entered pursuant to the authority of Government Code Sections 65864 through 65869.5 and shall be deemed to have an Effective Date of _________________, 2023.

RECITALS
This Second Amendment is predicated upon the following facts and findings:

A. The City and Developer entered into a Development Agreement on June 18, 2008 (“Development Agreement”) relative to the River Park project (the “Project”) as approved on that date by City Ordinance 08-05, a memorandum of which was recorded by the Yolo County Recorder on July 1, 2008 (Instrument #2008-0020526-0) and subsequently extended on by an additional year on June 7, 2023.

B. The Project encompasses approximately 452 acres and is located in the southeast village of Southport and generally bound by the Clarksburg Branch Line Trail to the west, Davis Road to the north and the Sacramento River to the east and south. The project will support a balanced mixed of land uses including approximately 2,284 residential uses in varying densities and a small commercial component.

C. The ownership is now solely comprising of one party, Sun M Capital, A California Limited Liability Company.

D. Section 19 of the Development Agreement provides for amendments to such Agreement pursuant to state law and the West Sacramento Municipal Code.

E. Over the course of the last several years, the real estate market has suffered, and the Project has been delayed for a variety of reasons, including disruptions to work schedules and supply chain interruptions caused by the COVID-19 pandemic and projects to mitigate flooding in the City.

F. As a result of these delays, Developer and the City wish to amend the Development Agreement for an extension to enable the Parties to evaluate the Project’s status, determine if any substantive changes to the Project are necessary to best serve the respective needs of the Parties, and to consider the timeline of the Project going forward.

G. To accommodate these evaluations, the Parties wish to extend the term of the Development Agreement for two years, until July 18, 2026.

H. On May 2, 2024, the Planning Commission conducted a public hearing on this Second Amendment and recommended approval to the City Council. 924
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I. On ________, 2024, the City Council conducted a public hearing on this Second Amendment and voted to approve the amendment by adoption of Ordinance 24-8.

J. The Developer and the City both desire to amend Section 4.2 the Development Agreement to extend the Development Agreement, based on the conditions contained in this Second Amendment.

NOW THEREFORE, the parties agree to amend the Development Agreement as follows:

1. Amendment of Section 4.2. Section 4.2 of the Development Agreement shall be amended to read as follows:
“4.2 Term. The term of this Agreement shall commence on the Effective Date and shall end on July 18, 2026, unless said term is terminated, modified, or extended by circumstances set forth in this Agreement.

4.2.1 Tolling. The term of this Agreement shall be tolled if and for as long as City determines development within the Southport area is infeasible due to State, Federal, or local health and safety requirements; provided, however, that under this circumstance the term of this Agreement shall not be tolled for longer than five (5) years.

Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect, except as described in Section 23.”

2. Remainder of Provisions of Development Agreement. Except as expressly provided herein, nothing in this Second Amendment shall be deemed to waive or modify any of the other provisions of the Development Agreement.

3. Interpretation of Conflicts. In the event that any provisions of this Second Amendment conflict with the provisions of the Development Agreement, the terms of this Second Amendment shall prevail.

4. Memorandum of Second Amendment. Contemporaneously herewith, the City and Developer shall execute a notarized Memorandum of Second Amendment in the form attached hereto as Exhibit A, which Memorandum shall be recorded with the Yolo County Recorder. 925
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IN WITNESS WHEREOF, this Second Amendment has been executed by the parties on the day and year first written above.

CITY OF WEST SACRAMENTO Sun M Capital
A municipal corporation A California Limited Liability Company By: ______________________ By: _________________________ Martha Guerrero, Mayor
Print Name: __________________
ATTEST:

By: ______________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

KRONICK, MOSKOVITZ, TIEDMAN & GIRARD
A professional corporation
By: _______________________
Jeffrey Mitchell, City Attorney
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EXHIBIT A
Memorandum of Agreement
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2343517.1 7203-364

RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
NO RECORDING FEE REQUIRED PURSUANT TO GOVT CODE § 27383 SPACE ABOVE LINE FOR RECORDER’S USE ONLY

MEMORANDUM OF SECOND AMENDMENT TO

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO

AND SUN M CAPITAL, A CALIFORNIA LIMITED LIABILITY COMPANY

THIS MEMORANDUM OF SECOND AMENDMENT TO DEVELOPMENT AGREEMENT is made this ___ day of ______, 2024, by and between the CITY OF WEST SACRAMENTO ("City") and SUN M CAPITAL ("Developer").

City and Developer are parties to that certain "DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF WEST SACRAMENTO AND SUN M CAPITAL LLC, A CALIFORNIA LIMITED LIABILITY COMPANY dated June 18, 2008 (Instrument # 2008-0020526-0). The City and Developer are also parties to that certain “SECOND AMENDMENT TO DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF WEST SACRAMENTO AND SUN M CAPITAL, A CALIFORNIA LIMITED LIABILITY COMPANY,” (“Second Amendment”) dated ________, 2024. The terms and conditions of the Second Amendment are incorporated herein by this reference. The Development Agreement as amended by the Second Amendment controls the development of the certain real property, including improvements thereto, situated in the County of Yolo, State of California, and described as follows:

SEE EXHIBIT “1”
Dated: ________________________

THE CITY OF WEST SACRAMENTO
By: ___________________________
Martha Guerrero, Mayor
Attest: ________________________
Jennifer Cusmir, City Clerk
Dated: ____________________________
Sun M Capital, LLC
By: _______________________________

Print name: ________________________
Title: _____________________________
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2343517.1 7203-364
Exhibit 1
Legal Description
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Attachment 5
RESOLUTION 24-1PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF WEST SACRAMENTO

RECOMMENDING ADOPTION BY THE CITY COUNCIL OF A SECOND

AMENDMENT TO A DEVELOPMENT AGREEMENT WITH SUN M CAPITAL, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY, PERTAINING TO DEVELOPMENT OF

THE RIVERPARK MASTER PLAN
WHEREAS, on May 2, 2024, the West Sacramento Planning Commission conducted a public hearing on a Second Amendment to a Development Agreement; and WHEREAS, the Planning Commission has duly considered all information before them; and
WHEREAS, the Planning Commission has found that the proposed Second Amendment to the Development Agreement is consistent with the goals, policies and implementation programs of the City of West Sacramento General Plan; and WHEREAS, the proposed Second Amendment to the Development Agreement does not require further environmental review pursuant to Sections 15162 and 15168 of the CEQA Guidelines; and
WHEREAS, the Planning Commission has found that the proposed Second Amendment to the Development Agreement furthers the public health, safety and general welfare of the City.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission recommends that the City Council take the following actions:

1. The Planning Commission recommends that the City Council approve the proposed Second Amendment to the Development Agreement via Ordinance 24-8 as recommended by the Planning Commission.

PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 2nd day of May 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________, Planning Commission Chairperson ATTEST:

David W. Tilley, Secretary
87 DocuSign Envelope ID: 8C4FCE92-6183-443C-8A50-8D38ACDE93F2 930
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932

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 5, 2024 ITEM #20
SUBJECT:

CONSIDERATION OF AWARD OF A PROFESSIONAL SERVICES CONTRACT TO

NOMAD TRANSIT LLC FOR THE ON-DEMAND RIDESHARE PROGRAM AND APPROVAL OF RESOLUTION 24-61 APPROVING RELATED BUDGET ADJUSTMENTS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Stephanie Chhan, Senior Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ X ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to award a professional services contract to Nomad Transit LLC, a wholly owned subsidiary of Via Transportation Inc., to provide turnkey on-demand transit services for the On-Demand Rideshare Program. Staff is requesting approval of Resolution 24-61 allocating up to $2,196,748 in Transportation Development Act funds and $3,160,368 in Bridge District funds for the continuation of the On-Demand Rideshare Program through Fiscal Year 2026-27.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award a contract for professional services with Nomad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc. for turnkey on-demand transit services for the West Sacramento On-Demand Rideshare Program;
2) Authorize the City Manager, or their designee, to execute a professional services contract with Nomad Transit LLC in the amount of $10,036,950 for the West Sacramento On-Demand Rideshare Program for Fiscal Year 2024-25 through Fiscal Year 2026-27;
3) Authorize the City Manager, or their designee, to make non-substantive changes or modifications to the Contract for Services, with approval from the City Attorney; 4) Authorize the City Manager, or their designee, to make contract amendments up to $10,000; and, 5) Approve Resolution 24-61 authorizing the claim and allocation of up to $2,196,748 in Transportation Development Act Funds for Fiscal Year 2024-25, the transfer of $3,160,368 of Bridge District Funds, and the reinvestment of revenue to support the contracted services and staff time and resources for the West Sacramento On-Demand Rideshare Program.

BACKGROUND
The West Sacramento On-Demand Rideshare Program was launched as a 1-Year Pilot on May 14, 2018, following robust Transportation, Mobility, and Infrastructure (TMI) Commission and City Council engagement dating back to June 2016. On June 7, 2023, the City Council approved Amendment No. 5 to the Amended & Restated Contract with Nomad Transit LLC to extend operation of the West Sacramento On-Demand Rideshare Program through June 30, 2024. This was the last allowable extension per the 2018 Contract for Services executed with Nomad Transit LLC. As such, in July 2023, the City released a Request for Information (RFI) to identify if other adequately qualified providers:

1. Could meet the City’s desired rideshare program parameters;

2. Understand how technology offerings have evolved since 2018; and,

3. Are interested in operating the service.

On November 15, 2023, staff presented the results of the RFI and the available future funding estimate based on the current source of funding – the Transportation Development Act (TDA) of 1971, which provides State funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans.

TDA established two funding sources: Local Transportation Fund (LTF) derived from a ¼ cent of the general sales tax collected statewide, and the State Transit Assistance (STA) fund appropriated by the legislature to the State Controller’s office who then allocates the tax revenue by formula (50 percent by population, and 50 percent according to transit operator revenues from the prior fiscal year) to regional planning agencies including the Sacramento Area Council of Governments (SACOG), to whom the City then invoices to receive TDA funds.

Since the inception of the On-Demand Rideshare Program in 2018, the City had LTF balances from prior year allocations dating back to Fiscal Year (FY) 2016-17 and supported the On-Demand Rideshare Program using these prior year reserves. Due to the depletion of the prior year LTF balance, staff estimated a funding gap upwards of $800,000 for Fiscal Year 2024-25 and increasing to $1.8 million annually for FY25-26 and beyond 933
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based on similar allocations and expenditures. Due to the impending potential funding gaps and constraints, staff also shared a draft rider questionnaire on service parameter changes for City Council feedback. The rider questionnaire was intended to understand riders’ perspective on important service attributes to help guide potential operational changes under a lower funding scenario. After this presentation, City Council asked staff to also conduct a driver survey and agreed that there were sufficient competitive vendors to release a Request for Proposals (RFP).

On December 6, 2023, staff released a RFP to seek a qualified vendor to operate the City’s On-Demand Rideshare Program through OpenGov, DemandStar, and Public Purchase. This procurement was handled in accordance with federal procurement standards and the City’s procurement procedures for professional services. At this time, City staff have not sought external federal funding sources, but aligning procurement with federal standards will allow the City to readily seek and utilize external federal funds should they be awarded to City to fund program operations.

A seven (7) member multi-disciplinary evaluation panel was formed to review and score the three (3) responsive proposals received by the proposal deadline of January 26, 2024. The three (3) firms are listed below in alphabetical order:
1) Nomad Transit LLC
2) RTW Management Inc.
3) Tower Wav LLC
The panel was made up of professionals from the Community Development Department, Economic Development and Housing Department, and City Manager’s Office. After considering the proposals, interviews, and follow-up responses, the committee completed their individual scoring and Nomad Transit LLC is the highest-ranked firm. Following notification of the evaluation panel’s recommendation, City staff and Nomad engaged in negotiation to settle upon agreed scope of work, cost, and schedule for the contract.

City staff received preliminary TDA allocations and draft expenses for FY24-25 from the SACOG and the Yolo County Transportation District (YoloTD) by April 30, 2024. Table 1 presents the estimated TDA balance available for local use with preliminary FY24-25 TDA allocations. City staff assumed estimated YoloTD expenses based on their draft FY24-25 budget and initial conversations with YoloTD.

Table 1 Preliminary TDA Allocations and Estimated TDA Balance for FY24-25 Carry Over from
Previous Years
Preliminary
FY24/25
TDA Allocation
Preliminary
FY24/25 Total
Available
Estimated
FY24/25
TDA Claim
Expenses
(SACOG, YoloTD,
and bus
shelter/utilities)
Estimated FY24/25
Remaining
Balance
LTF $1,044,274 $3,518,677 $4,562,951 ($2,366,203) $2,196,748 STA $0 $647,975 $647,975 ($647,975) $0
TDA
Totals $1,044,274 $4,166,652 $5,210,926 ($3,014,178) $2,196,748 Exclusive of the estimated FY24-25 TDA apportionment, the City’s current unrestricted TDA reserve balance is approximately $1.04 million. The estimated FY24-25 allocation brings the TDA balance approximately to $5.2 million. Based on the LTF Findings of Apportionment, planning fees to be paid to SACOG by the City of West Sacramento is $105,560. Based on YoloTD’s preliminary budget, the City’s contribution to YoloTD for fixed route, paratransit, and administrative costs is $2,873,618. The City typically uses TDA funds for bus shelter maintenance and utilities at Harbor Yard. Staff estimates that there is $2,196,748 of LTF funds available after the FY24-25 claim for expenditures to SACOG, YoloTD, and bus shelter/utility needs.

With the pricing proposal from Nomad and the estimated TDA balance for FY24-25, City staff conducted a City Council workshop on the On-Demand Rideshare Program on May 15, 2024. During this workshop, staff discussed three budget scenarios for continuation of the program (Scenario 1 – Constrained Operations, Scenario 2 – Full Operations, and Scenario 3 – Reduced Operations) and shared potential service parameter changes and their impacts. City staff also identified Bridge District one-time funding of $3,160,368 to fill the funding gap under Scenarios 2 and 3. City Council supported staff’s recommendation to return to Council for 934 Contract Award for On-Demand Rideshare Program
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consideration of contract award under Scenario 2 – Full Operations, supported by utilizing Bridge District onetime funds. These funds will provide adequate funding of the anticipated shortfall for FY24-25 and FY25-26; it is currently unclear if there will be adequate funds to bridge the anticipated funding gap in FY26-27.

ANALYSIS
Following the May 15th City Council direction, City staff has finalized contract negotiations with Nomad Transit LLC, reconciled any updated information from SACOG and YoloTD, and refined the estimated FY23-24 contract rollover from the On-Demand Rideshare FY23-24 budget.

Through contract negotiations and feedback from the TMI Commission and City Council, City staff is providing an update on questions raised during the workshops:
1) The driver survey and TMI Commission feedback highlighted potential safety issues on the service. At times, riders reach out to City staff regarding issues on the On-Demand Rideshare Program. City staff elevates and Nomad investigates these incidences, but some investigations are inconclusive. When City staff asked Nomad how safety can be increased for both drivers and riders, Nomad proposed dashcams.

The proposed Nauto dashcams are powered by artificial intelligence to predict, alert, and track vehicle safety risks. The dashcams may provide a safer and calmer experience and data for reported incidences.

The negotiated scope of work and cost proposal is included in the Contract for Professional Services (Attachment 1). Table 1 updates the estimated FY23-24 contract rollover and increased estimated staff time costs in consideration of consumer price index. City staff and Nomad are finalizing details to include dashcams for the program. The estimated cost is approximately cost for FY24-25 is $5,000 and $2,000 each FY moving forward.

As such staff is requesting City Council approval for $10,000 contingency to support this estimated cost.

Based on this updated information and direction from City Council to use LTF and Bridge District one-time funds and reinvest fare revenues, another funding source will need to be identified for the remaining gap of approximately $1.01 million for the 3rd year of the contract (FY26-27), and for a significant portion annually for contract extensions beyond FY26-27. City staff anticipates funding from proposed master plan developments in Southport toward ongoing transit O&M costs and will explore other potential options to identify a long-term ongoing funding source for the City’s transit related services.

Table 1: Initial Term Estimated Costs and Available Funding FY24-25 FY25-26 FY26-27
Estimated Costs
Proposed Budget for
Contracted Services
$3,247,258 $3,344,676 $3,445,016
Proposed Budget for Staff
Time and Resources1
$55,000 $56,650 $58,350
Total Estimated Costs $3,302,258 $3,401,326 $3,503,366
Available Funding
Estimated Available LTF2 $2,196,748 $1,150,000 $1,150,000 Estimated Contract Rollover $349,0003 $0 $0
Estimated Fare Revenue
Available for Reinvestment4
$383,044 $383,044 $383,044
Bridge District Funding $373,466 $1,868,282 $918,620
Total Funding Available $3,302,258 $3,401,326 $2,451,664 Additional City Funds Needed with Revenue Reinvested
- - ($1,051,702)
1 Staff time is estimated at 3 percent increase to provide a more conservative estimate. 2 City is awaiting more information on YoloTD’s funding gap for FY25-26 and beyond. The City assumes that YoloTD will identify other funding sources to close their funding gap and will not need request additional LTF to support their expenditures. If TDA allocations reduce or YoloTD is unable to secure other funding and the requires City’s share of LTF for transit uses, City may having less LTF available. 3 Estimated FY23-24 contract rollover updated.
4 Fare revenues are estimated based on a flat ridership growth to provide a more conservative estimate.

Yolo Solano Air Quality Management District (YSAQMD) Clean Air Funds Program On March 20, 2024, the City Council approved a Memorandum of Understanding (MOU) with the Sacramento Regional Transit District (SacRT) and YoloTD allowing West Sacramento On-Demand rideshare service to pilot an expansion within SacRT’s service boundaries. The MOU was signed on May 1, 2024. 935
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As such, on April 19, 2024, the City applied to YSAQMD’s Clean Air Funds (CAF) Program for $35,000 to support a Downtown Sacramento On-Demand Rideshare Pilot (Attachment 2). YSAQMD’s CAF Committee recommends the YSAQMD Board award $13,700 to the City’s Downtown Sacramento On-Demand Rideshare Pilot for a oneyear pilot. The recommended $13,700 award is estimated to support approximately 3,900 rides, based on the City and Nomad estimating that the Downtown expansion would increase ridership by two percent. The YSAQMD Board will consider the CAF Program recommendations on June 12, 2024.

During the May 15th Council workshop, City Council expressed concerns regarding an expansion into Downtown Sacramento. These concerns included potential funding shortfalls requiring service area expansions to revert to prior levels, retaining tax dollars within West Sacramento, and possible impacts on service availability within West Sacramento. In response, Staff clarified that the City has received requests to expand the service into Downtown since inception and the intent was to expand rides to essential spot destinations such as Kaiser Medical Offices, the Sacramento Valley Station, SacRT transit connections, and State employment centers within the Downtown core. Rides must start or end in West Sacramento to certify the ride’s association to the City. Should the City be awarded this funding, City staff will return and seek City Council approval of the pilot’s program parameters such as pick-up/drop-off locations in Downtown Sacramento, fares, and hours of operation.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
The On-Demand Rideshare Program is exempt from CEQA as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment. (State CEQA Guidelines Section 15061 (b)(3)). The fundamental definition of a "significant effect" under CEQA is "a substantial adverse change in physical conditions". Per this definition, the operation shared-ride vehicles utilizing existing infrastructure with the intent of encouraging pooling and reducing traffic impacts by shifting community members out of higher vehicle miles traveled generating modes (i.e. single occupancy driving or ride hailing) does not constitute a significant impact.

Moreover, the project is within the scope of the EIR prepared for the General Plan 2035, and no new or substantially more adverse impacts would occur through implementation of the proposed project. The project directly implements multiple General Plan Mobility Element Policies aimed at providing a multi-modal transportation system that supports various modes and benefits community and environmental health. As a result, no new environmental document is required, consistent with State CEQA Guidelines Section 15162 and 15168(c)(2).

Commission Recommendation
This is an administrative item and does not have new policy implications that would require Transportation, Mobility, and Infrastructure (TMI) Commission input. City staff presented an update to the TMI Commission on May 6, 2024 and asked for feedback on potential service changes under a reduced budget for the On-Demand Rideshare Program. This feedback was included in the May 15, 2024 City Council agenda report and workshop presentation.

Strategic Plan Integration
The On-Demand Rideshare Program continues to advance the 2023 Strategic Plan principle of Mobility & Connectivity – “Provide convenient and sustainable choices for people to get where they are going.” This workshop on the budget furthers the City’s mission includes a City government that is financially sound and provides quality services to its residents and visitors.

Alternatives
The Council’s primary alternatives are:
1) Approve the recommended actions as stated above; or
2) Elect to set forth proposed conditions or modifications to the scope of work proposed by staff; or 3) Decline to approve the contract at this time; or
4) Direct staff to end the On-Demand Rideshare Program.

Staff recommends Alternative 1 as this is in line with City Council direction to staff over agenda reports and workshops since 2023. Alternatives 2 and 3 will restrict staff from finalizing contract negotiations with Nomad 936
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Transit LLC and may result in a lapse of service, should the Council wish to continue a citywide rideshare program. Alternative 4 is not recommended given the public support of the program.

Coordination and Review
This report was prepared by the Transportation & Mobility Division of the Community Development Department with review and support from Finance and City Manager’s Office.

Budget/Cost Impact
The breakdown of costs, including the consultant contract proposed and internal staff time and resources estimated for the On-Demand Rideshare Program are as follows:

Program Cost
Professional Services Contract with Nomad Transit LLC for 3-year term $10,036,950 Estimated Staff Time and Resources
Contingency
$170,000
$10,000
Total Program Costs $10,216,950
Staff estimates there is $2,196,748 of LTF funds available after the FY24-25 TDA claim; $3,160,368 in Bridge District one-time funds; $349,000 in TDA carry forward; and $383,000 in annual fare revenues. As such, staff requests City Council adopt Resolution 24-61 (Attachment 3). Should allocations and expenditures remain similar to FY24-25, LTF funds for FY25-26 and beyond is estimated at $1.15 million. Available funding between the estimated $2,196,748 from LTF and $3,160,368 in Bridge District one-time funds can fund the program through end of FY24-25. The remaining funds needed for this program will be requested as part of future budget processes.

ATTACHMENTS
1) Draft Professional Services Contract with Nomad Transit LLC for West Sacramento’s On-Demand Rideshare Program
2) Yolo-Solano Air Quality Management District Clean Air Funds Program – Downtown Sacramento OnDemand Rideshare Pilot Application 3) Resolution 24-61
937
Attachment 1
Nomad Transit LLC
CDD24-141 On-Demand Rideshare
Expires 07/01/2027
1 FEDERAL CONTRACT FOR PROFESSIONAL SERVICES
Table of Contents

1. SCOPE OF SERVICES: ..................................................................................................3

2. TERM OF CONTRACT ....................................................................................................4

3. COMPENSATION:............................................................................................................4

4. TERMINATION:.................................................................................................................5

6. EXTENSIONS OF TIME: .................................................................................................6

7. PROPERTY OF CITY: .....................................................................................................6

8. COMPLIANCE WITH ALL LAWS:..................................................................................6

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:....................................7

10. SUBCONTRACTING:.......................................................................................................7

11. ASSIGNABILITY: ..............................................................................................................8

12. INTEREST IN CONTRACT: ............................................................................................8

13. MATERIALS CONFIDENTIAL: .......................................................................................9

14. LIABILITY OF CONSULTANT-NEGLIGENCE:..........................................................10

15. INDEMNITY AND LITIGATION COSTS:.....................................................................10

16. CONSULTANT TO PROVIDE INSURANCE:.............................................................10

17. INSPECTION OF WORK:..............................................................................................12

18. LOBBYING PROHIBITION:...........................................................................................12

19. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION:...............13

20. STATEMENT OF COMPLIANCE – NONDISCRIMINATION: .................................13

21. DEBARMENT AND SUSPENSION CERTIFICATION:.............................................14

22. FUNDING REQUIREMENTS:.......................................................................................14

23. OWNERSHIP OF DATA; INTELLECTUAL PROPERTY:.........................................14 938
Attachment 1
Nomad Transit LLC
CDD24-141 On-Demand Rideshare
Expires 07/01/2027
2 24. MISCELLANEOUS PROVISIONS: ..............................................................................15 EXHIBIT A....................................................................................................................................20 Consultant Proposal/Scope of Work ........................................................................................20 EXHIBIT B....................................................................................................................................31 Schedule of Fees and Sample Invoice ....................................................................................31 EXHIBIT C....................................................................................................................................34 CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 [Labor Code § 1861] .34 EXHIBIT D....................................................................................................................................35 FEDERAL CONTRACT PROVISIONS....................................................................................35 939
Attachment 1
Nomad Transit LLC
CDD24-141 On-Demand Rideshare
Expires 07/01/2027
3 CONTRACT FOR SERVICES
THIS CONTRACT is made on July 1, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and Nomad Transit LLC (“Consultant”).

WITNESSETH:

WHEREAS, the City desires the provision of citywide public transportation services, including the technology, customer support and professional services for the design, marketing, operations, and maintenance of the West Sacramento On-Demand Rideshare Program (the “Program”); and, WHEREAS, the City participated in a competitive, federally-compliant procurement process and released a Request for Proposals (“RFP”) for which three responses were received from duly licensed, qualified, and experienced vendors, who were subsequently interviewed by a panel representing City staff from the Community Development, Economic Development and Housing, and City Manager’s Office Departments; and WHEREAS, the selected Consultant has presented a proposal dated January 26, 2024, and included a Scope of Work that was modified upon request by the City with agreement from Consultant (attached hereto as Exhibit “A”) to confirm program goals, projected budget, and schedule for the program; and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.

C. Consultant shall perform all services described in Exhibit A in accordance with the terms of this Contract; however, the Parties acknowledge that the nature of the service is dynamic and subject to potential changes to maximize ridership, reduce costs, and/or enhance mobility. The Parties shall meet periodically, in accordance with the Scope of Work, to determine whether adjustments should be made to the Schedule of Performance or to the Program service parameters. Upon agreement of the Parties, the services may be modified. City staff has the right to determine whether a particular modification requires City approval. The 940
Attachment 1
Nomad Transit LLC
CDD24-141 On-Demand Rideshare
Expires 07/01/2027
4 Consultant shall provide such information as City staff requires in connection with any request for a modification.

Under no circumstance will the cost of the Contract exceed the maximum compensation set forth in Section 3.

D. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on July 1, 2027.

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for three (3) additional 1-year terms after the initial 36 months in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.

3. COMPENSATION:

A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended. In no event shall total compensation exceed THREE MILION TWO HUNDRED FORTY-SEVEN THOUSAND TWO HUNDRED FIFTY-EIGHT DOLLARS ($3,247,258) before July 1, 2025, SIX MILLION FIVE HUNDRED NINTY-ONE THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS ($6,591,934) before July 1, 2026, and TEN MILLION THIRTY-SIX THOUSAND NINE HUNDRED FIFTY DOLLARS ($10,036,950) before July 1, 2027, without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "B".

B. Said amount shall be paid upon submittal of a monthly billing showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings. If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section

5. C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.

D. The table below outlines the payment structure in which the City will be charged ongoing monthly fees based on vehicle hours actually incurred for Fiscal Year 2024-25. All regulatory fees related to the service will be charged as a pass-through cost. The service shall include a fleet of vehicles as described in Exhibit A, Service Parameters. The total contract value and maximum amount the City shall be obligated to pay from the effective date of this Contract through the expiration of the Initial Term, including but not limited to any fixed upfront costs, ongoing service fees and regulatory fees, shall not exceed $10,036,950. 941
Attachment 1
Nomad Transit LLC
CDD24-141 On-Demand Rideshare
Expires 07/01/2027
5 Description Amount
Upfront Fees One-Time Service Planning Fees $55,000
Waived
Total Vehicle Hours¹ Estimate Over 1-Year Period 57,200 Fee per Vehicle Hour² Proposed Per-Vehicle Hour Rate $56.20 Regulatory Fees³ Estimated Access for All and PUCTRA Fees $32,618 Total 1-Year Cost Not-to-Exceed for Fiscal Year 2024-25 $3,247,258 Note: Rate will increase in line with CPI in future years.

1. Pricing assumes vehicle hours consistent with current contract.

2. Per vehicle hour rate is inclusive of customer service fees (previously charged on a per-service hour basis).

3. Regulatory fees to be invoiced to the City on a pass through basis.

E. City shall pay the following fees to Nomad Transit in accordance with the terms of this Contract:

1. Ongoing Invoice Fees
City shall be responsible for monthly ongoing fees of $56.20 per vehicle hour (the “Monthly Per Vehicle Hour Fees”). A vehicle hour is defined as each hour during which a driver is paid on the Via platform.

Nomad Transit will invoice the City on or before the 15th of each month for vehicle hours incurred in the prior month. City shall pay all invoices in accordance with the contract. As described in Exhibit “A,” the vehicle hour fee is subject to a yearly 3% increase for the rate increasing in line with CPI in future years.

Nomad Transit will provide the City with an invoice statement showing the calculation of the Monthly Subscription Fees incurred based on the actual number of vehicle hours that Driver Partners performed during that month in the form attached hereto as Exhibit B. The City hereby agrees that the sample invoice form set forth on Exhibit A is satisfactory to City, both in substance and format, and sufficient to process invoicing such that questions regarding invoice or invoice support format will not delay payment to Nomad Transit. If City requires additional invoice support, Nomad Transit can use best efforts to provide it, and additional costs may apply.

2. Replacement WAV Retrofit and Vehicle Wrap Costs
Should City require additional WAV retrofits or vehicle wraps, Nomad Transit will bill City as incurred.

Rear-entry WAV retrofits will be billed at a cost of $15,000 each, and vehicle wraps will be billed at a cost of $2,000 each.

3. Fare Revenue
Fare revenue collected (net of processing fees), will be collected by Nomad Transit through a payment processor subaccount and reflected as a credit on the City’s invoice. On a monthly basis, Consultant shall report to the City all revenues collected from and all revenues expended toward the Program as a component of regular invoicing. During the term of the Contract, all fare revenues collected from the Program shall be directly reinvested by the Consultant into the ongoing operation and/or City approved 942
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6 expansions of the Program. Fare revenues reinvested into the Program is considered part of the total compensation. All unspent service revenue shall be remitted to the City within sixty (60) days.

4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than ninety 90 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension.

If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.

C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by City’s Contract Administrator.

6. EXTENSIONS OF TIME:

Consultant may, for good cause, request extensions of time to perform the services required hereunder.

Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.

7. PROPERTY OF CITY:

A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.

B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a 943
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7 work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract, and shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

C. Consultant acknowledges that state-administered local funds contribute to or comprise the compensation for the services set forth in this Contract. Consultant agrees to comply with all applicable terms of those funding sources, including but not limited to relevant federal, state and local laws and requirements.

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.

B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.

C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.

D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.

10. SUBCONTRACTING:

A. None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.

B. Nothing contained in this Contract or otherwise, shall create any contractual relation between the City and any Subconsultants, and no subagreement shall relieve the Consultant of its responsibilities and 944
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8 obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant’s obligation to pay its Subconsultants is an independent obligation from the City's obligation to make payments to the Consultant.

C. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Administrator, except that which is expressly identified in the Consultant’s approved Cost Proposal.

D. Any subagreement entered into as a result of this Contract, shall contain all the provisions stipulated in this entire Contract to be applicable to Subconsultants unless otherwise noted.

E. Consultant shall pay its Subconsultants within fifteen (15) calendar days from receipt of each payment made to the Consultant by the City.

F. Any substitution of Subconsultants must be approved in writing by the City Contract Administrator in advance of assigning work to a substitute Subconsultant.

G. Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

H. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

I. Prompt Payment of Withheld Funds to Subconsultants - The City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the contract work, and pay retainage to Consultant based on these acceptances. The City shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by Consultant or subconsultant to a subconsultant.

J. No retainage will be held by the City from progress payments due to Consultant. Any retainage kept by Consultant or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

11. ASSIGNABILITY:
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9 Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld. However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

1. During the term of this Contract, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Contract or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Contract or any ensuing City construction project which will follow.

2. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Contract. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Contract. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.

3. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Contract.

4. The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Contract, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise

13. MATERIALS CONFIDENTIAL:

A. All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

B. All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Contract, shall be protected by Consultant from unauthorized use and disclosure. 946
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10 C. Permission to disclose information on one occasion, or public hearing held by City relating to the Contract, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.

D. Consultant shall not comment publicly to the press or any other media regarding the Contract or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Contract, at public hearings, or in response to questions from a Legislative committee.

E. The City is subject to the California Public Records Act (“PRA”). In the event that the City receives a PRA request for any record prepared by Consultant during the performance of this Contract, the City will endeavor to provide Consultant notice of such a request to enable Consultant to protect its confidential by seeking a protective order or providing the City with rationale for why a record should be exempt from disclosure or redacted prior to disclosure. Following notice of a PRA request, Consultant will have three (3) business days from the date of notice of the PRA request to inform the City of any rationale regarding exemptions or redactions, or a timeline for seeking protective order. The City retains the right to determine how to respond to a PRA request, including decisions about redactions and exemptions.

F. Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Contract without prior review of the contents thereof by City, and receipt of City’s written permission.

G. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.

15. INDEMNITY AND LITIGATION COSTS:

Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, in any event up to $7,000,000 or the limit of the Consultant’s insurance (whichever is greater amount) arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.

16. CONSULTANT TO PROVIDE INSURANCE:

A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California). 947
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11 B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

1. Worker’s Compensation and Employer’s Liability Insurance a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations. The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents. b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $2,500,000.00 per occurrence and $7,500,000 general and products/completed operations aggregates.
b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
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12 iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $2,500,000.00 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section 16.B.2.b). c. FOR WORK USING INDEPENDENT CONTRACTORS AS DRIVERS
Notwithstanding the foregoing, drivers shall maintain insurance coverage in accordance with state law, including all insurance requirements for Transportation Network Company (TNC) drivers set forth by the California Public Utilities Commission.

4. Professional Liability
a. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $2,000,000 per claim.

C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.

D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.

E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.

F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

17. INSPECTION OF WORK:

Consultant and any subconsultant shall permit City, the state, and the Federal Highway Administration to review and inspect the project activities at all reasonable times during the performance period of this contract. 949
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13 18. LOBBYING PROHIBITION:

Consultant certifies to the best of his or her knowledge and belief that:

A. No state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

D. Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

19. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION:

Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion to: terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

20. STATEMENT OF COMPLIANCE – NONDISCRIMINATION:

A. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave.

Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply 950
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14 with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federallyassisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

D. The Consultant, with regard to the work performed by it during the Contract shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Contract covers a program whose goal is employment.

21. DEBARMENT AND SUSPENSION CERTIFICATION:

A. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

22. FUNDING REQUIREMENTS:

A. It is mutually understood between the parties that this Contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.
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15 B. This Contract is valid and enforceable only, if sufficient funds are made available to City for the purpose of this Contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may affect the provisions, terms, or funding of this contract in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this Contract may be amended to reflect any reduction in funds, provided that Consultant may terminate the Contract if it determines the remaining funds are not sufficient to perform the Work. In no event shall Consultant be obligated to perform any work for which City has not appropriated funds corresponding to Consultant’s compensation hereunder. The City acknowledges that, in the event of a reduction in funds, the Program performance standards and service parameters will need to be readjusted accordingly.

D. City has the option to void the Contract under the termination clause, or by mutual agreement to amend the Contract to reflect any reduction of funds.

23. OWNERSHIP OF DATA; INTELLECTUAL PROPERTY:

A. FOR WORK THAT INCLUDES SOFTWARE APPLICATIONS THAT ALLOW DATA COLLECTION Consultant will perform the Work utilizing its software applications, as described in the Scope of Work. Notwithstanding anything to the contrary herein, all intellectual property rights in and to Consultant’s software applications, the other elements of Consultant’s cloud-based solution and all of their derivative works and improvements are owned by, and are proprietary to Consultant, and no such rights are or shall be granted to or transferred to City or any other person or entity.

B. It is mutually agreed that all intellectual property rights in and to the information input by or on behalf of passengers into Consultant’s solutions for purposes of the Program (“Customer Data”) are co-owned by the City and Consultant. Customer Data excludes de-identified, anonymized and/or aggregated data generated from the use of Consultant’s solutions or created by Consultant. For the avoidance of doubt, Consultant may, and is hereby granted the right to, access, modify, and use the Customer Data, including for purposes of performing Consultant’s obligations under this Contract and/or to improve its product and services offerings. The Consultant may not use Customer Data for purposes other than those identified herein without fully disclosing such intent to and receiving prior written approval from the City, which will not be unreasonably withheld.

C. Notwithstanding anything to the contrary herein, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by City of the machine-readable information and data provided by Consultant under this contract; further, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as may be authorized in writing by Consultant.

24. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable 952
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16 federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.

C. This Contract may be funded in whole in part through grant funds. Should the City receive any grants to support this Contract, copies of Grants and any related materials will be made available to Consultant, and Consultant shall ensure that its performance under this Contract, and that of any subcontractors, conforms to the requirements of the Grants.

D. The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

E. During the performance of this Contract, Consultant and its subconsultants shall not deny the Contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

F. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Contract by reference and made a part hereof as if set forth in full.

G. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

H. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

I. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Contract.

J. The Consultant, with regard to the work performed under this Contract, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United 953
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17 States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

K. The Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

L. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

M. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.

N. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

O. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City:

City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]
Consultant:

Nomad Transit LLC
114 5th Avenue, 17th Floor
New York, NY 10011
Email: [email protected]
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18 P. This Contract shall be interpreted and governed by the laws of the State of California.

Q. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

R. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

S. This Contract may be signed in counterparts, and may be signed electronically. By signing this document in electronic form, the parties agree that this Contract may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code section 1633.7.

T. It is mutually understood between the parties that this Contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Contract were executed after that determination was made.

U. This Contract is valid and enforceable only if sufficient funds are made available to City for the purpose of this Contract. In addition, this Contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may affect the provisions, terms, or funding of this Contract in any manner.

V. It is mutually agreed that if sufficient funds are not appropriated, this Contract may be amended to reflect any reduction in funds.

W. City has the option to terminate the Contract pursuant to Article VI Termination, or by mutual agreement to amend the Contract to reflect any reduction of funds X. Consultant warrants, by execution of this Contract that no person or selling agency has been employed, or retained, to solicit or secure this Contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. [Signatures on following page]
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19 CITY OF WEST SACRAMENTO
By: __________________________
Aaron Laurel, City Manager
ATTEST:

By: _________________________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By: __________________________________
Jeffrey Mitchell, City Attorney
Nomad Transit, LLC
By: __________________________
Erin Abrams, Manager
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20 EXHIBIT A
Consultant Proposal/Scope of Work
Date: July 1, 2024

1. Purpose; Scope
By this service order (the “Contract”), Nomad Transit, LLC (“Nomad Transit”), a wholly owned subsidiary of Via Transportation, Inc. (“Via”) and City of West Sacramento (“Customer”) agree to collaborate toward the Customer’s microtransit service in West Sacramento for an additional 3 years (with option to cancel after each 12-month term) with an additional (3) option years.

In accordance with the Agreement, Nomad Transit will continue to provide Customer with technology and technology-enabled integration services (the “Services”), acting as a broker coordinating the services of thirdparty service providers to effectuate the on-demand transit service. Nomad Transit will contract with third-party service providers to effectuate such integration, including with fleet managers, vehicle suppliers, driver partners, background check providers, customer service support agencies, a payment processor and insurance brokers and underwriters. Nomad Transit’s Services will include:
• Localization of a proprietary cloud-based dynamic vehicle routing and real-time passenger aggregation system;
• Access to the Via mobile rider application (iOS and Android) for individuals using the Customer’s service (“Riders”) to book and pay for rides through a smartphone; • Access to booking via a dedicated phone line for Riders who do not have access to a smartphone; • Access to the Via mobile driver application for drivers to route and service rides through a smartphone or tablet;
• Establish relationship with vehicle rental company (“Vehicle Partner”) to provide access to vehicles on a rental basis to independent contractor driver partners (“Driver Partners”) who shall provide transportation services;
• Accompanying technical and operational support service; • Marketing and outreach initiatives as described herein. • Data sharing and reporting as described herein.

Conflicts between this Service Order and any other terms and conditions or written agreements between the parties shall be resolved in favor of this Service Order.

The Consultant Project Manager shall conduct and schedule regular staff briefings by phone or in person, to report on service performance, completed tasks, deliverables, and all issues encountered and resolved during the period since the previous briefing, with an explanation and revised schedule for any unmet tasks and/or deliverables.

The briefing shall also provide an overview of activities and expected deliverables for the upcoming 1-month period. For the remainder of the term of the Contract, Consultant shall provide bi-weekly briefings to the City Project Manager, unless otherwise agreed upon by the City Project Manager. 957
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21 2. Duration
The duration of the Contract shall last for a period of 36 months following July 1, 2024 (with the option to cancel after each 12-month term) subject to extension by mutual agreement of the parties on terms to be agreed (including any increase in monthly fees for additional months).

3. Fees
The Fees for the service described in this Order are:

The table in Exhibit B outlines the payment structure, in which Customer would be charged ongoing monthly fees based on vehicle hours. All regulatory fees related to the service will be charged as a pass-through cost. The total contract value shall not exceed $3,247,258 for the first 12-month contract term, $3,344,676 for the second 12-month term, and 3,445,016 for the third 12-month term. The 3% increase in the above yearly pricing accounts for rate increasing in line with CPI in future years.

Customer will be billed for the above fees as described below. Ongoing Invoice Fees will be billed payable in advance on the first of the month and as further specified below. Customer shall pay the following fees to Nomad Transit.

Ongoing Invoice Fees
Customer shall be responsible for monthly ongoing fees of $56.20 per vehicle hour (the “Monthly Per Vehicle Hour Fees”). A vehicle hour is defined as each hour during which a driver is paid on the Via platform. Nomad Transit will invoice the City on or before the 15th of each month for vehicle hours incurred in the prior month.

City shall pay all invoices in accordance with the contract. All fees set forth herein shall be payable by Customer on a net fifteen basis. If Nomad Transit. does not receive timely payment, Via Entity may charge the maximum monthly interest allowed by law or one percent, whichever is greater, suspend Via Entity’s performance and seek cost of collection, including reasonable attorneys’ fees.

Nomad Transit will provide Customer with an invoice statement showing the calculation of the Monthly Per Vehicle Hour Fees incurred based on the actual number of vehicle hours that Driver Partners performed during that month in the form attached hereto as Exhibit A. The Customer hereby agrees that the sample invoice form set forth on Exhibit A is satisfactory to Customer, both in substance and format, and sufficient to process invoicing such that questions regarding invoice or invoice support format will not delay payment to Nomad Transit. If Customer requires additional invoice support, Nomad Transit can use best efforts to provide it, and additional costs may apply.

Should changes in applicable federal, state or local law result in a significant change in Nomad Transit’s costs, Nomad Transit or Customer may opt to renegotiate the ongoing monthly fees. Should changes in applicable market dynamics result in a change in Nomad Transit’s cost per hour of 10% or more to any of the following categories, compared to costs at the time of contract signing, the Parties may negotiate the ongoing on-demand vehicle hour rate:
• Labor (driver pay)
• Vehicle rental
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22 • Fuel
Should the Parties elect to adjust the per vehicle hour rate, supporting documentation of the relevant cost changes will be provided, and the contract will be negotiated to reflect the new Fee structure and per vehicle hour rate so that, at the discretion of the Customer, either:

1. The total not-to-exceed contract value is adjusted such that the total not-to-exceed number of vehicle hours remains unchanged, or

2. The total not-to-exceed number of vehicle hours is adjusted such that the total not-to-exceed contract value remains unchanged.

4. Fare Revenue
Fare revenue collected (net of processing fees), will be reflected as a credit on the Customer’s invoice on a one month lag.

5. Service Parameters
Nomad Transit will provide access to a platform service (the “Platform”) through which Riders will be able to book and pay for rides on a shared and on-demand basis; and dedicated vehicles will be offered by the Vehicle Provider to Driver Partners on a rental basis.
 Geographic Coverage Zone: Approximately 22.7 square miles coverage zone in West Sacramento, California.
 Service Days/Hours: 7 days a week, 6:00 AM – 11:00 PM PST on Monday-Friday, 9:00 AM – 11:00 PM on Saturday, and 8:00 AM – 8:00 PM on Sunday. During the duration of the contract, service days/hours may be amended by mutual agreement between Customer and Nomad Transit.  Rider Fare: The rider fare will be $3.50, discounted rider fare is $1.75, and ViaPass is $15. During the duration of the contract, rider fare may be amended by mutual agreement between Customer and Nomad Transit.
 Payment: Nomad Transit will ensure acceptance of Rider payment through the app via credit cards and pre-paid debit cards.
 Vehicle Fleet: The Vehicle Provider will offer a fleet of up to 16 branded, licensed and insured vehicles, including 5 Wheelchair Accessible Vehicles (WAV) to be made available to independent contractor Driver Partners, who will be able to gain access to these vehicles after being registered onto the Platform. If the branded vehicle fleet is not sufficient to meet service requirements for any reason, Nomad Transit has the flexibility to (1) supplement the fleet with a temporary fleet that would include other makes and models, and/or (2) allow for Driver Partners to drive their own personal vehicles, to be deployed for temporary short term periods, as necessary in order to increase the supply of vehicle hours. Such may be unwrapped and identified by magnets.

Nomad Transit will ensure the execution of the necessary registrations and licensing to perform the Services, with the cooperation and assistance of the Customer.
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23 6. Project Team & Governance
Nomad Transit will continue to designate a project manager for this purpose (the “Nomad Transit Project Manager”) who will lead Nomad Transit’s Project Team. Customer will designate a project manager to be the primary point of contact with Nomad Transit throughout the duration of the contract (the “Customer Project Manager”). The Nomad Transit Project Manager will be in regular contact with the Customer Project Manager through informal and scheduled project meetings.

The Nomad Transit Project Manager will be empowered to enact day-to-day decisions related to the Services and will serve as the primary point of contact with the Customer Project Manager on an ongoing basis. The Nomad Transit Project Manager will appoint members to the Project Team to assist in the integration of the various elements of the service, to include personnel with expertise in service scoping, independent contractor driver outreach and registration to the Platform, fleet maintenance procurement, marketing, and data analytics. For the avoidance of doubt, the Nomad Transit Project Manager will have no power to serve notice or amend the Agreement, or this Order.

During the course of the service, Nomad Transit’s Project Team, led by the Nomad Transit Project Manager, will liaise with the Customer Project Manager over the key deliverables of this Order and to endeavor to maximize ongoing service optimization.

7. Driver Partner Registration & Supply Management
Nomad Transit will continue to source Driver Partners to provide transportation services to Customer through the Platform. Nomad Transit will engage in a good faith effort to register West Sacramento and Sacramento residents as Driver Partners.

Nomad Transit will ensure that Driver Partners have appropriate licenses, permits, and insurance required for the type of vehicles being operated. As part of Driver Partner registration for access to the Platform, all Driver Partners will be introduced to Nomad Transit with the following areas covered: familiarization with the service areas; hours of service; Customer’s expectations; use of the Driver App; and reporting incidents and delays in service.

Nomad Transit will be responsible for ensuring that there is adequate driver supply for each service zone within designated hours to meet demand with optimal quality of service, given constraints.

8. Rider and Driver Partner Support
Nomad Transit will ensure the provision of customer service and support for Driver Partners and Riders on issues that arise in connection with use of the Platform.

Following each ride, the Rider will be prompted to submit a ride rating with feedback in the app. If an issue arises for a Rider or Driver Partner before, during, or after a ride, these parties will be able to reach customer support 960
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24 staff by phone, or by submitting an email ticket, which will be replied to promptly by such customer support staff through Via’s global consolidated queues.

Parking: Customer shall identify and make available a depot or parking lot with ample overnight parking for the dedicated fleet. The depot/lot must be in a safe and lighted area inside the boundaries of the service zone

9. Marketing, Promotions, & Press
Nomad Transit shall work closely with Customer to determine a unified marketing and promotional program that increases community awareness of the service and maximizes its success.

All Customer-developed content that pertains to Via’s brand, technology, and operations must be reviewed and approved in writing (i.e. email) by Nomad Transit before distribution. A minimum of five business days review time must be provided in advance to Nomad Transit for its review.

Nomad Transit shall provide marketing strategy including the following activities and tactics:
• Develop a marketing plan to guide the overall strategy and tactics to drive Rider awareness, acquisition, and growth.
• Design key marketing collateral (print and digital).
• Design vehicle branding/graphics in coordination with the Customer. • Create virality by providing an intuitive and frictionless referral program with customizable incentive structures that creates opportunities for Riders to become the service’s biggest ambassadors. • Develop street marketing programs to effectively drive hyper-local awareness of the service. • Manage digital marketing campaigns to build awareness and drive service adoption. • Propose and implement in-app promotional programs to drive Rider activation, retention, growth. • Customer shall assist with the execution of the marketing plan and promotion of the Platform to Riders, and will coordinate closely with Nomad Transit in all respects, including the following activities:
• All key project messaging used for public relations purposes is to be developed in collaboration with Nomad Transit.
• Engage with local city leaders and politicians; request support in reaching out to their communities through their own communication channels.

10. Data Sharing & Reporting
Nomad Transit will share data as set forth in Appendix 1.

The Data shall be made available in formatted numerical and graphical reports.

For the avoidance of doubt, the information above constitutes proprietary trade secrets of Nomad Transit and Via, and shall be subject to the confidentiality obligations set forth in the Agreement 961
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25 .

VIA: Nomad Transit CUSTOMER: City of West Sacramento
________________________________________
Authorized Signature
________________________________________
Printed Name
________________________________________
Title
________________________________________
Authorized Signature
_________________________________________
Printed Name
_________________________________________
Title
________________________________________
Date Signed
________________________________________
Date Signed
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26 Appendix 1 to Service Order
Data Sharing
Authorized Users - Contract
The below exhibit sets forth the members of the Customer’s “Core Team” who are designated authorized users of the Via Solution and Data. Any usage beyond the members of the Core Team would be in violation of the confidentiality provisions in the Terms.

Exhibit 1.

Core Team
Senior Transportation Planner Stephanie Chhan
Supervising Transportation Planner Jason McCoy
Associate Transportation Planner Steve Rosen
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27 Data Sharing Plan - Appendix
As part of the service, Nomad Transit will make below data available to members of the Customer’s Core Team, for the purpose of performance tracking and program evaluation. The data to be shared will be available in the Via Operations Center and only available to members of the Core Team identified to require access. Underlying data may not be shared through any other method than Via Operations Center access. The data is considered trade secret by Via, and is subject to the confidentiality and other protective provisions set forth in the Terms.

To protect Via’s intellectual property and the privacy of Riders, Nomad Transit will provide the following data tables and dashboards in the form of aggregated Via Operations Center reports that will be provided for Customer’s access. These reports will be refreshed daily. The reports are aggregated, de-identified and do not include any personal information of Riders.

Section A: STANDARD REPORTING SET
Dashboard Data / Graphs provided
Top Level Service
Operations Metrics
Key service metrics
filterable by time period
 Total ride requests: the total number of attempts by riders to book a ride (or delivery) from an origin to a destination.  Met Demand: the total number of Ride Requests that
received a ride proposal.
 Met Demand Rate: ‘Met Demand’ out of ‘Total ride
requests,’ as a percentage.
 Completed rides: the total number of riders (including additional passengers) successfully transported.
 Completed Rides Rate: ‘Completed Rides’ out of ‘Total ride requests,’ as a percentage.
 Utilization: the average number of passengers transported per vehicle per hour.
 Active Riders: Unique riders who completed a ride
 Net Driver Hours: Daily total hours of all drivers
combined.
 Vehicle Hours by Shift Segment: Total hours of all drivers combined by shift segment
 Productivity: Completed rides / vehicle revenue hours (first pickup to last drop off, excluding breaks)
 Rider Growth: Summary and breakdown of total rider
accounts created and their ongoing booking activity.
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28  Ride Rating: Summary & Breakdown of all rating reviews given by riders.
 App Installs: Total app installs by media source, platform, and weekday.
 Travel Distance Summary: Summary of distance traveled within shifts.

Service Operations Metrics Graphs (filterable by day, week, month, or specific days of the week)
 Met Demand: total number of Ride Requests broken out by met demand and rides unable to fulfill.
 Detailed Ride Requests Status: A detailed breakdown of the outcome for each Ride Request (e.g., completed,
cancelled, no show)
 Utilization: the average number of passengers transported per hour by day
 Geographical Demand: Ride requests sorted by origin and destination zones
 Driver Hours: Daily total hours of all drivers combined.

Rider Experience
Snapshot of quality of
service and rider experience
by day, week, month
 Rider Acceptance Rate: proposals accepted by riders / proposals displayed to riders.
 Average Ride Duration: average time in minutes from
pickup to dropoff (displayed for completed rides only).  Average Pickup Walking Distance: walking distance from the origin requested by the rider to the actual pickup location assigned.
 Average Dropoff Walking Distance: walking distance from the destination requested by the rider to the actual drop-off location assigned.
 Average Ride Distance: average ride distance from pickup to dropoff.
 Average Pickup ETA: average pickup ETA among all
requests where a ride proposal was displayed.
 Deviation ETA vs Actual: breakdown of completed rides by deviation in minutes between scheduled pickup time
(ETA) to the actual pickup time.

Rider Experience Graphs (filterable by day, week, month)  Average Ride Duration
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29  Average Ride Distance
 Average Pickup Walking Distance
 Rider Acceptance Rate
 Average Dropoff Walking Distance
 Average Pickup ETA
 Deviation ETA vs. Actual
Ride Rating (Summary &
Breakdown of all rating
reviews given by riders)
 Average Ride Rating: average ride rating provided by riders (out of 5 stars)
 Labels per Rating: number of times a rating reasons was selected by riders segmented by star rating
 Rating Distribution: Breakdown of star ratings for rated rides
 Rating Ratio: % of rides rated out of completed rides Data Generator: Ride
Request Table
Detailed table of every ride
request made for the service
Data Columns in Table
 Request Creation Date
 Request Creation Time
 Session ID
 Request ID
 Series ID
 Request Status
 Rider ID
 Driver ID
 Vehicle ID
 Latest Shift ID
 Wheelchair Accessible (Is WAV Request)
 Number of Required Wheelchairs
 Booking Method
 Ride Shared
 Number of Passengers
 Origin Address
 Origin Latitude
 Origin Longitude
 Origin Zone
 Destination Address
 Destination Latitude
 Destination Longitude
 Destination Zone
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30  Request Zone
 Original Planned Pickup Time
 Original Planed Dropoff Time
 On-Demand ETA
 Cancellation Time
 No Show Time
 No Show Reason
 Ride ID
 Pickup Location Arrival Time
 Actual Pickup Time
 Pickup Address
 Pickup Walk Distance
 Actual Dropoff Time
 Dropoff Address
 Dropoff Walk Distance
 Ride Price
 Actual Pickup Address
 Ride Distance
 Ride Duration (min)
 Actual Dropoff Address
 Ride Rating
 Feedback Labels
 Ride Feedback
 Vendor Name
 Corporate ID
 Corporate Name
Data Generator: NTD S-10
Performance metrics
consistent with the
Transportation
Development Act
 Date
 Day of Week
 Vehicles Operated in Maximum Service
 Actual Vehicle Hours
 Actual Vehicle Miles
 Vehicle Revenue Hours
 Vehicle Revenue Miles
 Unlinked Passenger Tips
 Passenger Miles Travelled
Data Generator: Other
Reporting Capabilities
 Credit Action Table
 Pricing and Payments Table
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 Call Reporting Table

EXHIBIT B
Schedule of Fees and Sample Invoice

1. Pricing assumes vehicle hours consistent with current contract.

2. Per vehicle hour rate is inclusive of customer service fees (previously charged on a per-service hour basis)

3. Regulatory fees to be invoiced to West Sacramento on a pass through-basis.

4. As listed in Section 3 of the Scope of Work, pricing will increase 3% each year to account for CPI increases.

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36 EXHIBIT C
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 [Labor Code § 1861] I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Nomad Transit, LLC
By: __________________________
Erin Abrams, Manager
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37 EXHIBIT D

FEDERAL CONTRACT PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. ☒TERMINATION FOR CAUSE (in addition to standard Termination language) Criteria: All Contracts over $10k

1. In the event of any default by the Consultant as described below, the City may, after giving ten (10) days’ written notice to the Consultant, terminate the Consultant’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
a. Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. b. Filing of bankruptcy by the Consultant, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Consultant’s insolvency without discharge of the receiver within ten (10) days after its appointment. c. Failure to make prompt payments to Subcontractors or suppliers. d. Persistent disregard of laws, ordinances, or the instructions of the City, or other substantial violation of any provision of the Contract.

2. In the event the right of the Consultant to proceed with the Work, or any portion thereof, has been terminated because of the default of the Consultant and the Consultant has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore. In such event, the Consultant and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City.

3. Upon termination, the Consultant shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Consultant in accordance with the terms of the Contract, then the difference shall be paid to the Consultant in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Consultant would otherwise have been paid, the Consultant and its sureties shall be liable to the City for the full amount of such excess expense.

4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.
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38 ☐ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Construction or repair work. Select either Government Contracts or Federally Assisted Construction Contracts.

Criteria: Government Contracts
During the performance of this contract, the contractor agrees as follows

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of 975
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39 September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ☐ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an 976
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40 investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 977
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41 The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.

Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.

Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. ☐ DAVIS-BACON ACT (40 U.S.C. §§ 3141-3144 and 3146-3148) Criteria: Construction or repair work (not applicable to FEMA)

1. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

3. Additionally, contractors are required to pay wages not less than once a week. ☐ COPELAND ANTI-KICKBACK ACT
Criteria: Construction or Repair Work >$2k (not applicable to FEMA)

1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 978
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42 2. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment
The Consultant warrants that this Contract was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Contract without liability, to pay only for the value of the work actually performed, or to deduct from this Contract price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration
☐ CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Criteria: Construction or Repair contracts >$100k involving employment of Mechanics or Laborers (does not apply to purchase or service contracts)

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section.

3. Withholding for unpaid wages and liquidated damages. The City of West Sacramento shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.

ARTICLE XXV SAFETY
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43 Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on he construction project site.

Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles
Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. ☐ Rights to Inventions Made Under a Contract or Agreement.

Criteria: Funding agreement (not applicable to FEMA)
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

ARTICLE XXVI OWNERSHIP OF DATA
It is mutually agreed that all materials prepared by Consultant under this Contract shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Contract must be approved in writing by City.

Additionally, it is agreed that the Parties intend this to be an Contract for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). 980
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44 City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Contract shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. ☒ CLEAN AIR ACT
Criteria: All contracts over $150k
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

1. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

2. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ FEDERAL WATER POLLUTION CONTROL ACT
Criteria: All contracts over $150k

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ DEBARMENT AND SUSPENSION
Criteria: Over $25k
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

5. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935). 981
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45 6. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

7. This certification is a material representation of fact relied upon by the City of West Sacramento.

If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of West Sacramento, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).

8. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S.

General Services Administration are to be determined by FHWA.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. ☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used 982
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46 Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Contractors who apply or bid for an award of $100,000 or more shall file the required certification (see Appendix A, 44 C.F.R Part 18 – Certification Regarding Lobbying). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
a. The Consultant certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Contract, or with the extension, continuation, renewal, amendment, or modification of this Contract.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Contract, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
b. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making orentering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
c. The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. ☒ RECORD RETENTION
Criteria: All contracts
In addition to the reports specified in this Agreement, Consultant shall retain the records required by the applicable provisions of 2 CFR § 200.333, no less than three (3) years after City's final payment to Consultant under this Agreement and provide the City with the reports required pursuant to 2 CFR §§ 200.328 and 200.343, and such other records and reports as the City may reasonably require in the administration of this Agreement. Consultant shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.333 983
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47 For the purpose of determining compliance with Gov. Code §8546.7, the Consultant, Subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Contract including, but not limited to, the costs of administering the Contract. All parties, including the Consultant’s Independent CPA, shall make such workpapers and material available at their respective offices at all reasonable times during the Contract period and for three (3) years from the date of final payment under the Contract and records for real property and equipment acquired with federal funds must be retained fro three (3) years after final disposition. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and are pertinent to the Contract for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. ☒ NO OBLIGATION BY FEDERAL GOVERNMENT
Criteria: All contracts
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.
☐ PROCUREMENT OF RECOVERED MATERIALS
Criteria: All contracts over $10k where work involves the use of materials (J) §200.323 Procurement of recovered materials.

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines."

1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—

2. Competitively within a timeframe providing for compliance with the contract performance schedule;

3. Meeting contract performance requirements; or

4. At a reasonable price.
a. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. ☐ Prohibition on certain telecommunications and video surveillance services or equipment.

Criteria: Contracts related to telecommunications or video surveillance or equipment (K) §200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
984
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48 (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471."
☐ Domestic preferences for procurements
Criteria: All contracts over $10k where work involves the use of materials (L) §200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber."

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The Consultant agrees the 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 985
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49 C. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the Consultant to City.

D. When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CRF 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this Contract that is not disposed of by Contract, shall be reviewed by City’s Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Contract.

D. Consultant and subconsultant Contracts, including cost proposals and indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Contract terms and cause for termination of the Contract and disallowance of prior reimbursed costs.

E. Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Contract terms and cause for termination of the Contract and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner.

If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and 986
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50 guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.

3. If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Contract.

4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Contract has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant MUST SUBMIT ITS FINAL INVOICE TO City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Contract and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by City’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service, or consulting work not covered in Consultant’s approved.

B. Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this Contract is subject to the following:

1. Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five 987
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51 thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Contract, or if the Contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this Contract, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of goodfaith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this Contract that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Administrator and City Manager or their designee, who may consider written or verbal information submitted by Consultant.

B. Not later than thirty (30) calendar days after completion of all work under the Contract, Consultant may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Contract.

ARTICLE XXIV INSPECTION OF WORK
Consultant and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Contract; to review and inspect the project activities and files at all reasonable times during the performance period of this Contract

ARTICLE XXXII TITLE VI ASSURANCES

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:

Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. 988
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52 Nondiscrimination: Consultant, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of subapplicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.

Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.

Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 989
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53 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, place public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 990
Yolo-Solano Air Quality Management District
2024 Clean Air Funds Application
Please complete this form. All fields are required. For details on project proposals including general project criteria, category-based project criteria and cost-effectiveness, please review the 2024 Clean Air Funds Program Information. Please contact District staff if you have questions regarding this form.

Attach required Project Proposal to this completed application form.

Applicant Information:

Business/Organization Name:

Physical Address:

City: State: Zip:

Mailing Address (if different from above):

City: State: Zip:

Primary Contact Name: Title:

Phone: Fax: Email:

Signing Authority Name: Title:

Phone: Fax: Email:

Project Information:

Project Title:

Brief Project Description:

Project Category: ܆Clean Vehicle Technology
܆Transit Services
܆Alternative Transportation
܆Public Information/Education
Start Date: Implementation Date*: Completion Date:

Project Life**: Not applicable to Public Education/Outreach Projects * Implementation date is the date that the project will begin it’s intended benefit to the community. E.g., school assemblies begin, construction completed, etc.
** Project Life is how long the project will continue to be used. E.g., road/vehicle useful life, etc. ŝƚǇŽĨtĞƐƚ^ĂĐƌĂŵĞŶƚŽ
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Attachment 2
991
Funding Information:

Total Project Budget:

Period: Activity Description: $
Period: Activity Description: $
Period: Activity Description: $
Period: Activity Description: $
Total Project Amount: $
Funding Requested: $
Budget Breakdown
Expense Type YSAQMD Funding Match Funding Total
Capital $ $ $
Personnel $ $ $
Grant Administration $ 0.00 $ $
Total $ $ $
Source of Matching Funds: Funding Amount: Date Funding Available:
$
$
$
If reduced funding was available, would your project be able to proceed? Yes No If Yes, what is the minimum funding level at which your project could proceed? $ This application must be signed by the signing authority listed on this form. By signing this document, you are declaring that:
o All information contained in this document and in any attachment is true, accurate and complete to the best of your knowledge.
o The responsible official has the authority to apply for the grant funds on behalf of the applicant named.
o The applicant agrees to the terms and conditions of the agreement (included in the program information).
o Approved projects cannot be altered in any way without prior approval from the District (see draft agreement).

Signature: Date:

Print Name:

Application Deadline is 4:00 p.m. on Friday, April 19, 2024. Submit completed applications by:

Email: [email protected] Mail: 1947 Galileo Court, Ste. 103, Davis, CA 95618 ϯϰ͕ϬϬϬ
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992
Yolo-Solano Air Quality Management District: 2024 Clean Air Funds Program West Sacramento-Downtown Sacramento On-Demand Rideshare Pilot 1 Section 1: Local Benefit
In 2018, the City of West Sacramento (City) launched the West Sacramento On-Demand Rideshare Program. Six years later, the program operates as a crucial part of the West Sacramento community, providing nearly 830,000 total rides. Ridership is now approximately 10% above pre-COVID levels, at a time in which many US transit agencies are still rebounding from ridership declines due to the Covid pandemic. This service is one of the most cost efficient microtransit programs in the country, with a cost per ride in 2023 of $13 per ride. For the passengers that comprise the 13,000+ rider accounts, opening the app on their phone (or calling in, for those without a smart phone or internet access) is a part of their routine, enabling them to get to where they need to go.

Since the implementation of the On-Demand Rideshare Program, local residents, the City of West Sacramento’s Transportation, Mobility, and Infrastructure Commission, and the City Council have expressed interest in, and growing demand for the program to serve Downtown Sacramento to access Kaiser Permanente, Sacramento regional transit options, and the Sacramento Valley Station. Currently, the Yolo County Transportation District (YoloTD) serves West Sacramento and the greater Yolo County with fixed route (Yolobus) and paratransit (Yolo Special) service. Yolobus fixed-route options in West Sacramento loop into Downtown Sacramento to provide regional connection, however there are still some inefficiencies and inaccessibility with the current fixed route service.

Supplemental A provides the transit route timetable for Yolobus routes in West Sacramento. Route 37 – the only fixed-route service connecting to the south part of the City – only operates on Mondays to Fridays with limited peak hour service. All local, fixedroute service ends by 7PM. Route 42A/B, provides service from 5AM to 11PM, but as an intercity route, it only traverses along the West Capitol Avenue corridor in West Sacramento. Overall, this leaves a transit gap and first-last mile gap for transit dependent people who work shifts outside the typical “9 to 5” job. As such, riders may have to take multiple methods of transportation, which extends travel times, discourages regional connectivity, and encourages reliance on single occupancy vehicular trips.

In comparison, the West Sacramento On-Demand Rideshare Program current operates citywide, corner-to-corner service on Monday to Fridays 6AM – 11PM, Saturdays 9AM – 11PM and Sundays 8AM – 8PM. Currently, fares are $3.50 or $1.75 for discounted riders (seniors and persons with disabilities), or riders can purchase a frequent rider pass, ViaPass, for 4 rides a day for 7 days for $15.

In January 2020, the Sacramento Regional Transit District (SacRT) began utilizing Via’s technology for software solutions and a mobile app for their on-demand microtransit system called SmaRT Ride. At the time, due to the COVID-19 pandemic impacts and

993
Yolo-Solano Air Quality Management District: 2024 Clean Air Funds Program West Sacramento-Downtown Sacramento On-Demand Rideshare Pilot 2 YoloTD’s planned Comprehensive Operational Analysis changes, City staff focused on managing the On-Demand Rideshare Program as is. As ridership has recovered and with SacRT’s shift to Via, in Fall 2023 Via facilitated conversations between City and SacRT staff to identify common benefits and opportunities for greater partnership around microtransit. As such, after coordination and conversations with the City of Sacramento and Yolo County Transportation District, a memorandum of understanding (MOU) was drafted that would allow West Sacramento On-Demand rideshare service to pilot an expansion within SacRT’s service boundaries. The MOU provides the opportunity to facilitate greater mobility and regional connectivity for West Sacramento residents who do not have a car or prefer to use rideshare transit services into Sacramento.

Furthermore, the City’s On-Demand Rideshare Program is served with a hybrid Toyota Sienna fleet – meaning lower tailpipe emissions than conventional internal combustion engine vehicles. The MOU is unilateral – it does not include provisions for SacRT to operate SmaRT Ride on-demand transit
within West Sacramento’s boundaries.

Proposed drop-off and pick-up zones or
locations in Sacramento are subject to
written approval from SacRT. The
parties will monitor the expansion for
potential impacts on local and intercity
fixed-route transit. The City Council and
the SacRT Board approved the MOU on
March 20, 2024 and April 8, 2024,
respectively. Currently, the MOU is
under route for signature by City,
SacRT, and YoloTD. The draft MOU is
attached as Supplemental B.

The City is seeking grant funding to
support a West Sacramento –
Downtown Sacramento On-Demand
Rideshare pilot expansion (Figure 1).

The goal of the pilot is to improve transit
service through new routes or
expanded offerings, promoting more
connectivity between these rapidly
growing regions. As such, rides must
either start or end in West Sacramento
– no rides in this pilot will be from and to
Existing On-Demand
1 Mile
Figure 1: Map showing the existing On-Demand
Rideshare zone and the pilot expansion zone in
relation to Yolobus service.

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Yolo-Solano Air Quality Management District: 2024 Clean Air Funds Program West Sacramento-Downtown Sacramento On-Demand Rideshare Pilot 3 a location in Sacramento. By allowing riders to travel across Tower Bridge and into the adjacent city, West Sacramento and Via estimates that microtransit ridership will increase by 2-5 percent. In addition to encouraging shared rides on hybrid vehicles, this will open up economic opportunities and allow more equitable access to public transit in both communities.

Section 2: Project Merit
The expansion will reduce vehicle miles traveled (VMT) and total greenhouse gas emissions (GHGs) in the region by reducing the total number of single occupancy vehicle (SOV) trips and facilitating long-range trips on public transit. Riders will also be able to use the microtransit service to travel into the SacRT service boundaries, thereby enhancing the connectivity, integration, and coordination of various transit systems, including regional and local transit systems.

The on-demand platform utilized by this service includes advanced algorithms for vehicle assignment, routing, and tracking, and rider, safety driver, and administrator tools for endto-end service usage and monitoring. This includes powerful routing and passengeraggregation algorithms focused on pooling rides for maximum efficiency, reduced VMT, and fewer vehicles on the road.

The service is designed to help priority populations, including seniors, parents with small children, students, and those with low incomes, overcome potential first- and last-mile barriers to transit use. Instead of requiring access to a car or the ability to walk a considerable distance, the expanded microtransit system allows for anyone to book an affordable, low-emission shared ride to existing transit stations and other destinations in downtown Sacramento. In this manner, the microtransit service is designed to be complementary to the existing bus terminals, rail stations, and other shared mobility options. In addition, the app allows users to engage in multi-modal trip planning.

With anticipated award of this grant in June 2024, the City hopes to launch the pilot as soon as possible to be able to gather a year of data in line with the MOU expiration of June 30, 2025. The pilot will run until approximately 9,672 rides are completed or oneyear after pilot launch, whichever occurs first. If needed and should the pilot have a delayed launch, the MOU may be extended with City Council and the other parties’ approval.

995
Yolo-Solano Air Quality Management District: 2024 Clean Air Funds Program West Sacramento-Downtown Sacramento On-Demand Rideshare Pilot 4 Cost effectiveness:

The cost-effectiveness is based on eliminating auto trips for a 5 percent demand increase in ridership – assuming that 20 percent of West Sacramento’s riders use the service in lieu of a private vehicle.
$5,635.04 = $140,876
ݏ݊݋݅ݐܿݑ݁݀ݎ ݔܱܰ 2 + ݏ݊݋݅ݐܿݑ݁݀ݎ ܩܴܱ 3 + (ݏ݊݋݅ݐܿݑ݁݀ݎ ܯܲ 1 כ 20) Section 3: Matching Funds
West Sacramento estimates the following cost of this pilot based on demand levels, as shown in the table below:

Expansion Scenario
(Demand Increase)
Weekly Projected
Ridership
Weekly Projected
Vehicle Hours
Required
Annual Cost to
Run Pilot ($56.20
per vehicle hour)
2 Percent 75 19 $55,750
3 Percent 112 28.6 $83,626
5 Percent 186 47.7 $139,376
The City is seeking $34,000 in Clean Air Funds to cover the fares of the pilot – estimated at 9,672 annual rides x $3.50 per ride = $33,852. Fares are reinvested into the program, so this would cover part of the estimated cost. The City is proposing to commit up to $106,876 of the On-Demand Rideshare Program’s budget as the local match for this pilot, which is 76% of the pilot’s estimated annual cost under a 5 percent demand increase.

At this time, the current Contract for Services contract term executed with Nomad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc. for the On-Demand Rideshare Program expires June 30, 2024. On December 6, 2023 the City released a Request for Proposals to seek a qualified vendor to operate the City’s On-Demand Rideshare Program. On March 20, 2024, the City Council approved the MOU that would allow West Sacramento to extend on-demand services into Downtown Sacramento.

Since the On-Demand Rideshare Program’s inception, Transportation Development Act funds have been used to support the program. City staff has presented to the City Council upcoming funding constraints for the On-Demand Rideshare Program under the current funding mechanism – Transportation Development Act funds. In March 2023, SACOG shared preliminary estimates for Transportation Development Act allocations. The Fiscal Year 2024-25 LTF preliminary allocation for the City is $3,518,677. With prior year reserves, City staff estimates $1.97 million in LTF available for local flexible use for the On-Demand Rideshare Program after other typical annual expenditures. Additionally, in tracking the Fiscal Year 2023-24 program budget, staff estimates approximately $300,000

996
Yolo-Solano Air Quality Management District: 2024 Clean Air Funds Program West Sacramento-Downtown Sacramento On-Demand Rideshare Pilot 5 of unused budget that can be rolled over into the next fiscal year. With TDA and unused budget, total available funds for FY 2024-25 for the On-Demand Rideshare Program is $2,270,365.92. City staff is awaiting YoloTD draft budget to finalize the budget and is scheduled to present and seek City Council direction on the On-Demand Rideshare Program budget and award the On-Demand Rideshare Program contract in May – June 2024.

Section 4: Applicant History
The City has received funding through the Clean Air Fund from the Yolo-Solano Air Quality Management District in the past:

A. Police Station EV Charging Station
a. Status: EV charging station installed at Police Station and activated in July 2023. City staff is awaiting one year after installation to have one full year of data for the final report. Clean Air Funds Agreement 22-05 end date is December 31, 2024.

B. West Sacramento Pedestrian and Bicycle Wayfinding Pilot a. Status: Final Report submitted on March 29, 2023.

C. West Sacramento – On-Demand RideShare Recreation Center Summer Pilot a. Status: Free ride program completed on April 17, 2023. City staff is awaiting one year after free ride program ended to analyze long-term ridership data and trends for the final report. Clean Air Funds Agreement 22-15 end date is September 30, 2024. This grant successfully funded a total of 17,796 free rides. Initial ridership of the program during the pilot was presented to the TMI Commission on November 6, 2023 (Supplemental C).

Section 5: Project Outcomes
To effectively evaluate the progress and impact of the microtransit expansion project in West Sacramento, a comprehensive set of metrics will be tracked, encompassing various aspects of the service and its utilization. These metrics will include:

Ɣ Ridership Numbers: Tracking daily, weekly, and monthly ridership figures will provide insights into the overall popularity and usage patterns of the service. This data will help identify peak usage times and potential areas for service expansion or schedule adjustments.

997
Yolo-Solano Air Quality Management District: 2024 Clean Air Funds Program West Sacramento-Downtown Sacramento On-Demand Rideshare Pilot 6 Ɣ Environmental Gains: In order to measure service efficiency and emission goals, the service will track key data pieces including vehicle revenue miles, vehicle miles traveled, and number of customers served per hour.

Ɣ User Satisfaction Ratings: Regular surveys and feedback mechanisms will be implemented to assess rider satisfaction. These ratings will cover various elements like ease of use, comfort, safety, and overall experience. User feedback will be instrumental in making service improvements and addressing specific concerns or suggestions.

Ɣ Wait Times and On-Time Performance: Measuring the average wait time for riders and the on-time performance of the service will be crucial in evaluating its efficiency and reliability. These metrics will help identify any operational bottlenecks or areas where service speed can be enhanced.

Ɣ Service Coverage and Accessibility: Analyzing the geographic reach and accessibility of the service, particularly in underserved areas, will be key. This includes assessing how effectively the service is bridging first- and last-mile gaps and whether it is reaching key destinations like workplaces, healthcare facilities, and educational institutions.

Ɣ Frequency of Service Utilization: Data on how often users are utilizing the service, including repeat usage rates, will provide insights into its effectiveness in meeting daily commuting needs.

Ɣ Cost Efficiency: Monitoring the cost per ride and overall operational costs will help in assessing the financial sustainability of the project. This will be crucial for long-term planning and potential scaling of the service.

These metrics will not only serve as indicators of the project's success but will also guide any necessary revisions. By continuously analyzing this data, the project team can make informed decisions to enhance service quality, expand coverage, and improve operational efficiency. Regular reporting on these metrics will also provide transparency and accountability to stakeholders, including the City and the local community. This datadriven approach ensures that the service remains responsive to user needs.

All data is tracked and stored in the VOC, specifically through two interfaces: Service KPI Dashboards and Data Generator Reports.

998
Yolo-Solano Air Quality Management District: 2024 Clean Air Funds Program West Sacramento-Downtown Sacramento On-Demand Rideshare Pilot 7 Ɣ Service KPI Dashboards. These dashboards function as the central view for service analysis and management. Through this interface, the City can organize and visualize the thousands of data points that the system collects every minute.

The City can leverage filtering and grouping tools to generate reports that range from neat and simple to highly complex. These reports provide data on metrics such as total ridership and on-time performance. Further, these tools will allow the City to easily measure the efficacy of marketing campaigns and rider engagement strategies to understand what is drawing and keeping riders on the service.

Ɣ The Data Generator provides more than a dozen raw data tables that will allow the City to conduct original, granular performance analyses. Staff will be able to organize tables for a detailed view of rider and/or driver activity, trip cost, vehicle information, and more, and pull data for any time period. Further, staff can easily export this data into any data analysis software, such as Microsoft Power BI, to conduct original analysis and create reports that incorporate additional datasets to investigate questions of specific interest. This will enable the City to gain an understanding of the impact of the service on broader trends, such as the impact on access to jobs or healthcare or a reduction in the use of single occupancy vehicles.

Funds through this grant opportunity would equip West Sacramento with the ability to dedicate vehicle hours of service to locations within downtown Sacramento. While the zone expansion is small geographically, its impact on West Sacramento is significant because vehicles must cross Tower Bridge, diverting them from the core West Sacramento service. The average trip from the middle of the West Sacramento zone to the easternmost part of the downtown Sacramento zone and back is approximately 8 miles and would take 18-40 minutes depending on traffic.

The zone expansion will serve the entire West Sacramento community and pick-up/dropoff locations in Downtown Sacramento. Pick-up/drop-off only within Sacramento will not be allowed through this pilot – there are various other transportation options and SacRT operates their own SmartRide in the Downtown-Midtown-East Sacramento zone.

Coordination between YoloTD, SacRT, and City under the MOU will also involve review of ridership on both the pilot and fixed-route transit. This zone expansion will greatly benefit workers who reside in West Sacramento who work in Sacramento, and vice versa.

The expansion will also spur economic development by allowing riders to frequent shopping, medical and recreational areas they may not have visited under the current transit system. In communities served with Via’s demand-response microtransit solutions,

999
Yolo-Solano Air Quality Management District: 2024 Clean Air Funds Program West Sacramento-Downtown Sacramento On-Demand Rideshare Pilot 8 the number of jobs accessible by public transit through this pilot will increase by 46 percent.

Expanding access into Sacramento also has a tangible environmental impact. Via’s mode shift analysis tool estimated that 20 percent of West Sacramento’s riders use the service in lieu of a private vehicle. If the expansion into Sacramento is approved and ~5 percent of total trips moving forward are into Sacramento, this accounts for approximately 9,560 rides/year (West Sacramento had 191,212 rides in 2023). Twenty percent of these trips = 1,912 rides from West Sacramento into Sacramento that would have been served by private vehicle. The average trip mileage for West Sacramento riders is approximately

3.4 miles, so the zone expansion would replace (1,912 rides x 3.4 miles) = ~6,500 miles otherwise served by private vehicles.

1000
AM times are light type.

PM times are bold type.

GREY SHADED AREAS
operate Monday - Friday only,
excluding some holidays.

YELLOW HIGHLIGHTED STOP
West Sacramento Transit Center
T

BLUE SHADED AREAS
operate Monday - Saturday only,
excluding some holidays.

WEST SACRAMENTO
350 Industrial Way, Woodland, CA 95776
[email protected] | (530) 666-2877
Yolobus.com | YoloTD.org
Fb.com/Yolobus @YolobusYCTD @YolobusYCTD

MONDAY - SUNDAY
Jefferson Blvd at Triangle
Bryte at Lisbon
40 - WEST SACRAMENTO LOCAL
Merkley at W. Capitol
Cummins at Reuter

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9th at L
Merkley at W. Capitol T
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W. Capitol at Merkley T 7:07 8:07 9:07
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West Sacramnto SAC WS
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MONDAY - FRIDAY
Jefferson Blvd at Linden (North)
W. Capitol at Merkley
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Southport at Promenade
Marshall at Rivermont
37 - Southport Local
Merkley at W. Capitol
Jefferson Blvd at Linden (North)
Southport at Promenade
Park at Stone Blvd
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240 - WEST SACRAMENTO SHUTTLE MONDAY - SUNDAY
T
West Sacramnto
4:10
W. Capitol at Harbor Blvd
Ikea Ct at Ikea
Reed at Stillwater
W. Capitol at Harbor Blvd
W. Capitol at Merkley
Capitol Mall at Front St
Capitol Mall at 7th
9th at L
Merkley at W. Capitol
Tower Bridge Gateway at Raley
Merkley at W. Capitol 7:10 8:10 10:10 11:10
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SAC WS
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240
West Sacramento
Local

MON-SAT MON-SAT
Jefferson Blvd at Triangle
Lisbon at Bryte
Lighthouse at Fountain
Sacramento at Douglas
Jefferson Blvd at Triangle
41 - WEST SACRAMENTO LOCAL MONDAY - FRIDAY
W. Capitol at Merkley
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Ikea Ct at Ikea
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Local
Capitol Mall at Front St WB 7:07 8:07 9:07 10:07 11:07

5:07 6:07
6XSSOHPHQWDO$

1001
YOLOBUS.COM
530-666-BUSS (2877)916-371-BUSS (2877)
Yolo Transportation District
350 Industrial Way Woodland, CA 95776
AM times are light type.

PM times are bold type. Transit Center T
42A

INTERCITY

CLOCKWISE

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L

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L

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INTERCITY

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WOODLAND
5:00 6:00 6:30 7:00 7:30 8:00 8:30 9:15 10:00 10:45 11:30 12 1: 5 1 0: 0 1 4: 5 2 3: 0 3 1: 5 4 0: 0 4 3: 0 5 0: 0 5 3: 0 6 0: 0 6 3: 0 7 1: 5 8 0: 0 8 4: 5 9 3: 0 10 1: 5 E. Main & Matmor 5:06 6:06 6:36 7:06 7:36 8:06 8:36 9:21 10:06 10:51 11:36 12 2: 1 1 0: 6 1 5: 1 2 3: 6 3 2: 1 4 0: 6 4 3: 6 5 0: 6 5 3: 6 6 0: 6 6 3: 6 7 2: 1 8 0: 6 8 5: 1 9 3: 6 10 2: 1 Airport Terminal A 5:20 6:26 6:56 7:26 7:56 8:26 8:51 9:36 10:21 11:06 11:51 12 3: 6 1 2: 1 2 0: 6 2 5: 1 3 3: 6 4 2: 4 4 5: 4 5 2: 4 5 5: 4 6 2: 4 6 5: 4 7 3: 6 8 2: 1 9 0: 6 9 5: 1 10 3: 6 Airport Terminal B 5:22 6:29 6:59 7:29 7:59 8:29 8:53 9:38 10:23 11:08 11:53 12 3: 8 1 2: 3 2 0: 8 2 5: 3 3 3: 8 4 2: 7 4 5: 7 5 2: 7 5 5: 7 6 2: 7 6 5: 7 7 3: 8 8 2: 3 9 0: 8 9 5: 3 10 3: 8 J & 8th 5:36 6:45 7:15 7:45 8:15 8:45 9:08 9:53 10:38 11:23 12 0: 8 12 5: 3 1 3: 8 2 2: 3 3 0: 8 3 5: 3 4 4: 4 5 1: 4 5 4: 4 6 1: 4 6 4: 4 7 1: 4 7 5: 3 8 3: 8 9 2: 3 10 0: 8 10 5: 3 L & 5th (Golden 1 Center) 5:40 6:49 7:19 7:49 8:19 8:49 9:12 9:57 10:42 11:27 12 1: 2 12 5: 7 1 4: 2 2 2: 7 3 1: 2 3 5: 7 4 4: 8 5 1: 8 5 4: 8 6 1: 8 6 4: 8 7 1: 8 7 5: 7 8 4: 2 9 2: 7 10 1: 2 10 5: 7 West Sac TC 5:45 6:56 7:26 7:56 8:26 8:56 9:18 10:03 10:48 11:33 12 1: 8 1 0: 3 1 4: 8 2 3: 3 3 1: 8 4 0: 3 4 5: 5 5 2: 5 5 5: 5 6 2: 5 6 5: 5 7 2: 5 8 0: 3 8 4: 8 9 3: 3 10 1: 8 11 0: 3 W. Capitol & Enterprise 5:57 7:09 7:39 8:09 8:39 9:09 9:31 10:16 11:01 11:46 12 3: 1 1 1: 6 2 0: 1 2 4: 6 3 3: 1 4 1: 6 5 0: 8 5 3: 8 6 0: 8 6 3: 8 7 0: 8 7 3: 8 8 1: 6 9 0: 1 9 4: 6 10 3: 1 11 1: 6 Mace & 2nd 6:07 7:20 7:50 8:20 8:50 9:20 9:43 10:28 11:13 11:58 12 4: 3 1 2: 8 2 1: 3 2 5: 8 3 4: 3 4 2: 8 5 2: 0 5 5: 0 6 2: 0 6 5: 0 7 2: 0 7 5: 0 8 2: 8 9 1: 3 9 5: 8 10 4: 3 11 2: 8 5th & Cantrill 6:14 7:28 7:58 8:28 8:58 9:28 9:50 10:35 11:20 12 0: 5 12 5: 0 1 3: 5 2 2: 0 3 0: 5 3 5: 0 4 3: 5 5 2: 8 5 5: 8 6 2: 8 6 5: 8 7 2: 8 7 5: 8 8 3: 5 9 2: 0 10 0: 5 10 5: 0 11 3: 5 UC Davis Memorial Union 6:30 7:43 8:13 8:43 9:13 9:43 10:05 10:50 11:35 12 2: 0 1 0: 5 1 5: 0 2 3: 5 3 2: 0 4 0: 5 4 5: 0 5 4: 3 6 1: 3 6 4: 3 7 1: 3 7 4: 3 8 1: 3 8 5: 0 9 3: 5 10 2: 0 11 0: 5 11 5: 0 Anderson & Hanover 6:35 7:52 8:22 8:52 9:22 9:52 10:12 10:57 11:42 12 2: 7 1 1: 2 1 5: 7 2 4: 2 3 2: 7 4 1: 2 4 5: 7 5 5: 2 6 2: 2 6 5: 2 7 2: 2 7 5: 2 8 2: 2 8 5: 7 9 4: 2 10 2: 7 11 1: 2 11 5: 7 County Fair Mall Arrive 6:48 8:05 8:35 9:05 9:35 10:05 10:25 11:10 11:55 12 4: 0 1 2: 5 2 1: 0 2 5: 5 3 4: 0 4 2: 5 5 1: 0 6 0: 5 6 3: 5 7 0: 5 7 3: 5 8 0: 5 8 3: 5 9 1: 0 9 5: 5 10 4: 0 11 2: 5 12 1: 0 County Fair Mall Depart 5:20 5:50 6:20 6:50 7:20 7:50 8:35 9:20 10:05 10:50 11:35 12 2: 0 1 0: 5 1 5: 0 2 3: 5 3 2: 0 3 5: 0 4 2: 0 4 5: 0 5 2: 0 5 5: 0 6 3: 5 7 2: 0 8 0: 5 8 5: 0 9 3: 5 10 2: 0 Anderson & Hanover 5:34 6:04 6:34 7:04 7:34 8:04 8:49 9:34 10:19 11:04 11:49 12 3: 4 1 1: 9 2 0: 4 2 4: 9 3 3: 4 4 0: 4 4 3: 4 5 0: 4 5 3: 4 6 0: 4 6 4: 8 7 3: 3 8 1: 8 9 0: 3 9 4: 8 10 3: 3 UC Davis Memorial Union 5:43 6:13 6:43 7:13 7:43 8:11 8:56 9:41 10:26 11:11 11:56 12 4: 1 1 2: 6 2 1: 1 2 5: 6 3 4: 3 4 1: 3 4 4: 3 5 1: 3 5 4: 3 6 1: 3 6 5: 3 7 3: 8 8 2: 3 9 0: 8 9 5: 3 10 3: 8 5th & Cantrill 5:56 6:26 6:56 7:26 7:56 8:24 9:09 9:54 10:39 11:24 12 0: 9 12 5: 4 1 3: 9 2 2: 4 3 0: 9 3 5: 6 4 2: 6 4 5: 6 5 2: 6 5 5: 6 6 2: 6 7 0: 6 7 5: 1 8 3: 6 9 2: 1 10 0: 6 10 5: 1 Mace & 2nd 6:06 6:36 7:06 7:36 8:06 8:34 9:19 10:04 10:49 11:34 12 1: 9 1 0: 4 1 4: 9 2 3: 4 3 1: 9 4 0: 6 4 3: 6 5 0: 6 5 3: 6 6 0: 6 6 3: 6 7 1: 6 8 0: 1 8 4: 6 9 3: 1 10 1: 6 11 0: 1 W. Capitol & Enterprise 6:18 6:48 7:18 7:48 8:18 8:45 9:30 10:15 11:00 11:45 12 3: 0 1 1: 5 2 0: 0 2 4: 5 3 3: 0 4 1: 8 4 4: 8 5 1: 8 5 4: 8 6 1: 8 6 4: 8 7 2: 5 8 1: 0 8 5: 5 9 4: 0 10 2: 5 11 1: 0 West Sac TC 6:30 7:00 7:30 8:00 8:30 8:56 9:41 10:26 11:11 11:56 12 4: 1 1 2: 6 2 1: 1 2 5: 6 3 4: 1 4 3: 0 5 0: 0 5 3: 0 6 0: 0 6 3: 0 7 0: 0 7 3: 2 8 1: 7 9 0: 2 9 4: 7 10 3: 2 11 1: 7 J & 8th 6:43 7:13 7:43 8:13 8:43 9:06 9:51 10:36 11:21 12 0: 6 12 5: 1 1 3: 6 2 2: 1 3 0: 6 3 5: 1 4 4: 3 5 1: 3 5 4: 3 6 1: 3 6 4: 3 7 1: 3 7 3: 9 8 2: 4 9 0: 9 9 5: 4 10 3: 9 11 2: 4 L & 5th (Golden 1 Center) 6:48 7:18 7:48 8:18 8:48 9:10 9:55 10:40 11:25 12 1: 0 12 5: 5 1 4: 0 2 2: 5 3 1: 0 3 5: 5 4 4: 8 5 1: 8 5 4: 8 6 1: 8 6 4: 8 7 1: 8 7 4: 3 8 2: 8 9 1: 3 9 5: 8 10 4: 3 11 2: 8 Airport Terminal A 7:05 7:35 8:05 8:35 9:05 9:25 10:10 10:55 11:40 12 2: 5 1 1: 0 1 5: 5 2 4: 0 3 2: 5 4 1: 0 5 0: 5 5 3: 5 6 0: 5 6 3: 5 7 0: 5 7 3: 5 7 5: 8 8 4: 3 9 2: 8 10 1: 3 10 5: 8 11 4: 3 Airport Terminal B 7:07 7:37 8:07 8:37 9:07 9:28 10:13 10:58 11:43 12 2: 8 1 1: 3 1 5: 8 2 4: 3 3 2: 8 4 1: 3 5 0: 7 5 3: 7 6 0: 7 6 3: 7 7 0: 7 7 3: 7 8 0: 1 8 4: 6 9 3: 1 10 1: 6 11 0: 1 11 4: 6 E. Main & Matmor 7:22 7:52 8:22 8:52 9:22 9:41 10:26 11:11 11:56 12 4: 1 1 2: 6 2 1: 1 2 5: 6 3 4: 1 4 2: 6 5 2: 2 5 5: 2 6 2: 2 6 5: 2 7 2: 2 7 5: 2 8 1: 4 8 5: 9 9 4: 4 10 2: 9 11 1: 4 11 5: 9 County Fair Mall Arrive 7:30 8:00 8:30 9:00 9:30 9:48 10:33 11:18 12 4: 8 1 3: 3 2 1: 8 3 0: 3 3 4: 8 4 3: 3 5 3: 0 6 0: 0 6 3: 0 7 0: 0 7 3: 0 8 0: 0 8 2: 0 9 0: 5 9 5: 0 10 3: 5 11 2: 0 12 0: 5

WDLD SACRAMENTO WEST SAC DAVIS WDLD WDLD IS DAV ST SAC E W NTO SACRAME WDLD TT
TT
County Fair Mall Depart
T
TT
T

WDLD SACRAMENTO WEST SAC DAVIS WDLD WDLD DAVIS WEST SAC SACRAMENTO WDLD 0: 3 12
New trips starting January 15, 2023

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Supplemental B

MEMORANDUM OF UNDERSTANDING FOR ON-DEMAND TRANSIT SERVICE

AMONG THE CITY OF WEST SACRAMENTO,

SACRAMENTO REGIONAL TRANSIT DISTRICT, AND YOLO COUNTY

TRANSPORTATION DISTRICT

THIS MEMORANDUM OF UNDERSTANDING FOR ON-DEMAND TRANSIT SERVICE (“MOU”) is entered into effective this _____ day of _______, 2024 (“Effective Date”), by and among SACRAMENTO REGIONAL TRANSIT DISTRICT (“SacRT”), the CITY OF WEST SACRAMENTO (“CITY”), and YOLO COUNTY TRANSPORTATION DISTRICT (“YCTD”). SacRT, CITY, and YCTD will each be referred to herein as a “Party” or collectively as “Parties”.

RECITALS
A. SacRT provides fixed-route, demand-response (SmaRT Ride) and complementary paratransit services (SacRT GO) in Sacramento County, as well as partnering to provide the Causeway Connection and associated complementary paratransit service within Yolo County.

B. YCTD provides fixed-route, demand-response (BeeLine), and complementary paratransit services (Yolobus Special) in Yolo County, as well as partnering to provide Sacramento International Airport service and associated complementary paratransit service within Sacramento County.

C. CITY, a municipality within Yolo County, is constitutionally authorized to provide its inhabitants with transportation services and currently provides demandresponse transit services through its On-Demand Rideshare service.

D. CITY desires to provide those services outside its boundaries and within SacRT’s boundaries.

E. Under Article XI, Section 9 of the California Constitution, SacRT and CITY may not furnish transportation services “within another municipal corporation which furnishes the same service and does not consent.”
F. The parties desire to establish the terms and conditions for the granting of consent for the operation of CITY rideshare public transit services within SacRT’s jurisdiction.

NOW, THEREFORE, the Parties agree as follows:

1. CITY OPERATIONS WITHIN ACTIVATED SACRT BOUNDARIES
A. Subject to the provisions of this Section, CITY is hereby authorized to operate ondemand transit service and allow passengers to board and disembark within SacRT’s jurisdiction. The terms of this agreement pertain only to on-demand transit service.

B. CITY will obtain prior written approval from SacRT before providing transit service within SacRT’s boundaries. To obtain approval for a service zone or location, CITY must submit a written request directed to the party designated by SacRT for receipt of notices in accordance with Article 4, below. SacRT will respond to CITY’s request within 30 days

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of receipt by providing written notice of its acceptance or rejection of the request. SacRT may condition its approval on CITY’s agreement to use particular stop locations. SacRT’s approval does not include consideration of nor is deemed to include consideration of the propriety of the proposed route, including such matters as safety. SacRT may revoke its approval as to a particular zone or stop unilaterally by providing CITY 60 days’ advance written notice directed as specified in Article 4 below.

C. CITY must share anonymized ridership data for the on-demand transit service in SacRT’s jurisdiction with YCTD and SacRT. YCTD must share ridership data for local and intercity fixed route transit between West Sacramento and Sacramento with CITY and SacRT. Ridership data must be shared, at minimum, monthly while the MOU is in effect.

The Parties commit to monitor and discuss at mutually agreeable intervals potential impacts of CITY’s on-demand transit service’s expansion on local and intercity fixed route ridership.

2. FUNDING
The City is solely responsible for funding its own operations authorized under this MOU and will not seek funding contributions from SacRT or YCTD as a result of this MOU.

In addition, notwithstanding Public Utilities Code Section 99231(f), CITY will not assert any claim for additional Transportation Development Act funds as a result of operation of the demand-response service into SacRT’s jurisdiction.

3. DURATION OF THE MOU
This MOU will terminate on June 30, 2025, unless otherwise extended by mutual agreement or terminated earlier as set forth herein. CITY must present the MOU to City Council for approval to extend the MOU.

4. NOTICES
All notices and other communications under this MOU must be in writing and will be deemed to have been duly given (i) on the date of delivery, if delivered personally to the party to whom notice is given, or if made by email directed to the party to whom notice is to be given at the email address listed below, or (ii) at the earlier of actual receipt or the second business day following deposit in the United States mail, postage prepaid. Notices and other communications must be directed to the parties at the addresses shown below.

A party may change its person designated to receive notice, its email address, or its address from time to time by giving notice to the other party in accordance with the procedures set forth in this Article.

To SacRT: Sacramento Regional Transit District
Attn: James Drake
1102 Q Street, Suite 4100
Sacramento, CA 95811

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Email: [email protected]
To CITY: City of West Sacramento
Attn: Jason McCoy
1110 W. Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]
To YCTD: Yolo County Transportation District
Attn: Daisy Romero
350 Industrial Way
Woodland, CA 95776
Email: [email protected]

5. AGENCY RELATIONSHIP/INDEMNIFICATION
A. Nothing in this MOU will be construed to create, nor do the parties intend to create, any contractual or other relationship, whether express or implied, of joint power, joint venture, partnership, principal-agent, independent contractor, master-servant, or otherwise that would result in either party being financially or otherwise responsible in whole or in part for bodily injury, death or property damage occurring as a proximate result of an act or omission arising out of the performance of this MOU or the provision of transit service by the other party. The imposition of such responsibility upon either party will be sufficient grounds for CITY, YCTD, or SacRT to terminate this MOU upon giving written notice thereof to the other in the manner provided in Article 4.

B. Each party to this MOU is to be held free by the other party from any and all liability, loss, and/or expense that arises in the manner described above.

C. Neither CITY, YCTD, nor SacRT is required to indemnify, defend, and hold harmless the other from any and all claims, demands, losses, or liability whether real or illusory as a result of this MOU.

6. WORKERS’ COMPENSATION INSURANCE
Each party to this MOU understands and acknowledges that this MOU is not an employment contract among SacRT, YCTD, or CITY or among SacRT or YCTD and any agents, officers or employees of any third party or third-party operator under contract with CITY to provide CITY transit service. SacRT and YCTD are not liable for any workers’ compensation or any other benefits accruing under any federal or state law or acts to any employee or employees employed by CITY or by a third party or third-party operator in connection with the provision of CITY transit service. Similarly, CITY is not liable for any

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workers’ compensation or any other benefits accruing under federal or state law or acts to any employee or employees employed by SacRT or YCTD in connection with the provision of SacRT or YCTD transit service. Each party agrees to provide workers’ compensation for its respective employees in accordance with State law.

7. INSURANCE
Each party to this MOU will maintain appropriate levels of insurance for the operation of its transit service.

8. GOVERNING LAW
The interpretation and enforcement of the MOU will be governed by the laws of the State of California, the state in which the MOU is signed. The parties agree to submit any disputes arising under the MOU to a court of competent jurisdiction located in Sacramento, California.

9. NONWAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this MOU.

10. SEVERABILITY
If any term, covenant, or condition of this MOU is held by a court of competent jurisdiction to be invalid, the remainder of this MOU will remain in effect.

11. TERMINATION FOR CONVENIENCE
Either party may terminate this MOU upon giving 60 days’ advance written notice.

12. NO OBLIGATION TO PROVIDE TRANSIT SERVICE
Nothing in this MOU is construed to require or to create an enforceable right in either party to require the other to provide a specified level or configuration of transit service during the term of this MOU.

13. MODIFICATION
No waiver, alteration, modification, or termination of this MOU will be valid unless made in writing and signed by the authorized representatives of the parties hereof.

14. INTEGRATION
This MOU embodies the entire agreement of the parties in relation to the scope of services herein described, and no other understanding whether verbal, written, or otherwise exists among the parties.

15. SUCCESSORS AND ASSIGNS This MOU will be binding upon and the benefits of this MOU will inure to the successors and assigns of the parties hereto.IN WITNESS

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WHEREOF, the Parties have caused this MOU to be executed by their respective dulyauthorized representative as of the Effective Date.

SACRAMENTO REGIONAL TRANSIT CITY OF WEST SACRAMENTO

DISTRICT
By: ______________________________ By:___________________________ Henry Li, General Manager/CEO Aaron Laurel, City Manager

YOLO COUNTY TRANSPORTATION DISTRICT
By: ______________________________
Autumn Bernstein, Executive Director
Approved as to Legal Form: Approved as to Legal Form:

By: ______________________________ By:

Olga Sanchez-Ochoa, General Counsel Jeffrey Mitchell, City Attorney

ATTEST:

By:

Jennifer Cusmir, City Clerk

https://sacrt01.sharepoint.com/sites/teamsGeneralCounsel/Contracts/2020 to 2024/K23Q4/MOU Microtransit West Sacramento.docx

1007

TRANSPORTATION, MOBILITY & INFRASTRUCTURE COMMISSION AGENDA REPORT MEETING DATE: November 6, 2023 ITEM #
SUBJECT: UPDATE ON THE BRODERICK AND BRYTE WEST SACRAMENTO ONDEMAND RIDESHARE PROGRAM TRANSPORTATION PILOT PROGRAM INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Board [ X ] Staff
[ ] Other
Steven Rosen, Associate Transportation Planner
Community Development Department
ATTACHMENT [ ] Yes [ X ] No [ X ] Information [ ] Direction [ ] Action

OBJECTIVE
The purpose of this report is to provide an update to the Transportation, Mobility, and Infrastructure (TMI) Commission on the Broderick and Bryte West Sacramento On-Demand rideshare program transportation pilot.

RECOMMENDED ACTION
Staff respectfully recommends that the TMI Commission receive staff’s updates on the Broderick and Bryte West Sacramento On-Demand transportation pilot program.

BACKGROUND
The West Sacramento On-Demand Rideshare Program has been in operation since May 14, 2018. It is a publicprivate partnership with NoMad Transit LLC, a wholly owned subsidiary of Via Transportation, Inc. The City’s On-Demand Rideshare Service (“Via”) is a shared, on-demand transportation service with flexible stops, operator schedules, and fleet supply. The City Council’s primary goals in establishing the program were enhanced mobility, more shared trips, and improved quality of life. Via was intended to meet these goals while saving costs by using smaller vehicles than fixed-route transit service and a fleet that could increase or decrease in size based on ridership.

Since launching, the program has received broad community support, and user surveys have demonstrated successful performance across a range of human-centered indicators, as presented to the TMI Commission on March 4, 2019. Following its first year of operations, the City received multiple awards at the local, state, and national level for the community impacts of the program. With the recommendation of TMI Commission, City Council approved significant fleet and service hour expansions in 2019 and has annually extended and allocated funding to continue operating the On-Demand Rideshare.

In May 2022, the City launched a Summer Transportation Pilot to provide free Via rides between the Broderick/Bryte area and the City’s Recreation Center and swimming pool. The pilot was funded by a $10,000 Yolo-Solano Air Quality Management District Clean Air Fund grant and $50,000 of Local Transportation Funds.

The pilot ran between May 1, 2022, to September 1, 2022 and would subsidize up to $57,500 in rides. Of the potential for this pilot program to provide over 7,670 free rides across a span of 122 days to and from the Broderick/Bryte neighborhood and the City's recreation center and pool facilities located at 2801 Jefferson Blvd., only 1005 rides were actually taken by the community to the Recreation Center and community pool, leaving $49,967.85 in the pilot program account.

In October 2022, the City Council adopted a resolution to allocate the remaining money from the Summer Transportation Pilot to the Broderick & Bryte Via Transportation Pilot Program. This program provided free rides between the Broderick and Bryte neighborhoods and any destination within West Sacramento.

The program began on February 1, 2023, and ended when funds were depleted on April 17, 2023. It provided 16,691 free rides and was fully expended in only 77 days.

ANALYSIS
This section provides a review of the 16,691 free rides taken during the pilot and of the results of a survey taken by riders who benefited from the free rides.

Origins and Destinations

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Update on the Via Broderick and Bryte Via Transportation Pilot Program November 6, 2023

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West Sacramento City CouncilJune 5, 2024

West Sacramento City Council
June 5, 2024