Yolo County Transportation District Board of Directors

AGENDA

DIRECTORS: Jesse Loren (Chair, Winters), Don Saylor (Vice-Chair, Yolo County), Lucas Frerichs (Davis), Chris

Ledesma (West Sacramento), Enrique Fernandez (Woodland), Matt Dulcich (UCD, ex-officio), David

Smith (Caltrans, ex-officio)

WEBEX MEETING WEB ADDRESS:

https://yctd.my.webex.com/yctd.my/j.php?MTID=mf87936ea09b9631e3daf9069a505a9fc WEBEX MEETING PHONE NUMBER: (408) 418-9388

WEBEX MEETING ID: 126 867 4097

WEBEX MEETING PASSWORD: YoloSepBoard (95567372 from phones and video systems)

MEETING DATE: Monday, September 14, 2020 MEETING TIME: 7:00 PM

Pursuant to the Governor’s Executive Order N-29-20, members of the Yolo County Transportation District Board of

Directors and staff will participate in this Meeting via teleconference. This Executive Order authorizes local legislative

bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise

electronically to all members of the public.

Further instructions on how to electronically participate and submit your public comments can be found in the

Public Participation Instructions note at the end of this agenda.

To submit a comment in writing, please email to ksouza@yctd.org and write “For Public Comment” in the subject line. In the body of the email, include the item number and/or title of the item (if applicable) with your comments. All comments received by 4:00 PM on Monday, September 14, 2020 will be provided to the YCTD Board of Directors in advance and comments submitted during the meeting shall made part of the record of the meeting.

Est

imate

d

Tim

e

The Chairman reserves the right to limit speakers to a reasonable length of time on any

agenda item, depending upon the number of people wishing to speak and the time available.

Info

/

Dis

cuss

ion

De

lib

era

tio

n/

A

ctio

n

7:00 PM 1. Determination of Quorum

(Voting members: Woodland, Davis, West Sacramento, Winters, Yolo County)

(Nonvoting members: Caltrans, UCD)

X

7:00 2. Consider Approval of Agenda for September 14, 2020 meeting X

7:00 3 Comments from public regarding matters NOT on the Agenda, but within the purview of

YCTD. Please note, the Board is prohibited from discussing items not on the agenda at

this time.

X

CONSENT CALENDAR

7:00 4a. Approve YCTD Board Minutes for Regular Meeting of August 10, 2020 (Souza)(pp 1- 4) X

7:00 4b. Approve Proposed Revisions in YCTD Intern Hourly Wage Rates (Perez) (p 5-7) X

7:00 4c. Adopt Resolution of Appreciation for Bernadette Murray, Retiring Member of YCTD’s

Citizens Advisory Committee (Perez) (pp 9-10)

X

7:00 4d. Grant Continued Emergency Authority to Executive Director, or his designee, through

November 30, 2020 (Bassett) (p 11)

X

7:00 4e Authorize Award of YCTD Website Redesign Services Agreement to Tender Software

(Perez) (pp 13-59)

X

REGULAR CALENDAR

7:05 5. Board Member Reports, Announcements, Other Nominations, Presentations

a. Presentation of Resolution of Appreciation to Bernadette Murray

b. Introduction of Michael Klein, Transdev GM at YCTD

X

7:10 6. Consider Recommendations Relative to Composition and Charge of Citizens

Advisory Committee (Perez)(pp 61-64)

X

7:20 7. Update on Possible Service Changes as Part of COVID-19 Service Recovery and

Comprehensive Operational Analysis (Bassett/Perez)(pp 65-69)

a. Summary of Recent Presentations to YCTD Voting Jurisdictions, Others

b. Recent Inquiry From Cache Creek Casino Resort

c. Survey of Existing/Past Riders

d. Next Steps for Service Recovery and COA

X

7:50 8. Consider Director’s Report (Bassett/Perez) (pp 71-82)

a. Oral Report

b. Tentative Long-Range Meeting Calendar

c. SACOG Annual Unmet Transit Needs Hearing

d. September 28, 2020 Causeway Connection Expansion Date

e. COVID-19 Updates

f. Other Service Updates

g. Status of Downtown Riverfront Streetcar Project

h. Attachments

i. Tentative Long-Range Board Meeting Calendar

ii. Causeway Connection Schedule and Route, Effective September 28,

2020

iii. August 2020 Ridership Report for Fixed Route, Paratransit and

Microtransit

iv. Quarterly Performance and Financial Reports thru June 30, 2020

X

8:00 9. Adjournment X

UNLESS CHANGED BY THE YCTD BOARD, THE NEXT MEETING OF THE YOLO COUNTY

TRANSPORTATION DISTRICT BOARD OF DIRECTORS WILL BE OCTOBER 12, 2020 AT 7:00 PM

IN THE YCTD BOARD ROOM, 350 INDUSTRIAL WAY, WOODLAND, CA 95776 OR BY WEBEX IF

RECOMMENDED FOR THE SAFETY OF THOSE INVOLVED.

The Board reserves the right to take action on all agendized items, including items under the Executive

Director's Report, at any time during the meeting, except for timed public hearings. Items considered

routine or non-controversial are placed on the Consent Calendar. Any Consent Calendar item can be separately

addressed and discussed at the request of any member of the YCTD Board.

I declare under penalty of perjury that the foregoing agenda was posted on or before Friday, September 11,

2020 at the Yolo County Transportation District Office (350 Industrial Way, Woodland, California).

Additionally, copies were FAXED or transmitted electronically to the Woodland, Davis, West Sacramento,

and Winters City Halls, as well as to the Clerk of the Board for the County of Yolo.

Kathy Souza, YCTD Clerk to the Board

Public Participation Instructions

Based on guidance from the California Department of Public Health and the California Governor’s Office,

in order to minimize the spread of the COVID-19 virus, please do the following:

1. You are encouraged to participate in the September 14, 2020 YCTD Board of Directors meeting

remotely via the Webex platform using the following meeting details:

Via PC: https://yctd.my.webex.com/yctd.my/j.php?MTID=mf87936ea09b9631e3daf9069a505a9fc

Meeting ID: 126 143 6271 Meeting Password: YoloSepBoard

a. Via Phone: Meeting Phone Number: (408) 418-9388

Meeting ID: 126 143 6271 Meeting Password: 96567372

2. If you are joining the meeting via Webex and wish to make a comment on an item, click the "raise

hand" button. If you are joining the meeting by phone only, press *3 to raise your hand. Please wait

for the host to announce the comment period has opened and indicate that you wish to make a comment

at that time. The Clerk of the Board will notify the Chair, who will call you by name or phone number

when it is your turn to comment. Speakers will be limited to 2:00 minutes.

3. If you choose not to observe the YCTD Board of Directors meeting but wish to make a comment on

a specific agenda item, please submit your comment via email by 4:00 p.m. on Monday, September

14, 2020 to Kathy Souza, Clerk of the Board, at ksouza@yctd.org or by phone at 530-402-2819 noting

in the subject line: For Public Comment. Your comment will be placed into the record at the Board

meeting.

4. If you are watching/listening to the live stream of the YCTD Board of Directors meeting and wish to

make either a general public comment or to comment on a specific agenda item as it is being heard,

you may also submit your comment, limited to 250 words or less, to Kathy Souza, Clerk of the Board,

at ksouza@yctd.org noting in the subject line: For Public Comment. Comments received after an

agenda item will be made part of the record if received prior to the end of the meeting

Item 4a

1

YOLO COUNTY TRANSPORTATION DISTRICT

BOARD OF DIRECTORS MEETING

August 10, 2020

Yolo County Transportation District Board Room (via videoconference)

350 Industrial Way, Woodland, CA 95776

Agenda Item 1 – Call to Order/Roll Call/Pledge of Allegiance

Chair Loren called the meeting to order at 6:59 pm and requested roll call to confirm a quorum was in

attendance through remote participation. The following representatives were in attendance:

Davis – Lucas Frerichs (Primary)

West Sacramento – Chris Ledesma (Primary)

Winters – Jesse Loren (Primary)

Yolo County – Don Saylor (Primary)

Caltrans – Alex Fong (Primary)

UC Davis – Matt Dulcich (Primary)

Not in attendance was a representative from City of Woodland

Staff present were Terry Bassett, YCTD Executive Director; Jose Perez, YCTD Deputy Director Operations,

Planning & Special Projects; Janice Bryan, YCTD Deputy Director Finance, Grants & Procurement; Kristen Mazur,

YCTD Senior Planner; Chad Mikula, IT Specialist; Hope Welton , YCTD Legal Counsel, and Kathy Souza, YCTD

Executive Assistant.

Also present were Kyle Eggen, Transdev; Mike Barnbaum, Sacramento, Janes Drake, SacRT; Alan Hirsch, Joe

Bolte, Davis.

Mr. Perez reviewed instructions for public participation in the meeting.

Agenda Item 2– Consider Approval of Agenda for August 10, 2020 meeting

Minute Order 2020-23

Director Ledesma made the motion, seconded by Chair Loren, to approve the agenda for the August 10, 2020

meeting. Roll call resulted in:

AYES: Frerichs, Ledesma, Loren, Saylor

NOES: None

ABSENT: City of Woodland representative

ABSTAIN: None

The motion passed.

Agenda Item 3 – Comments from public regarding matters NOT on the Agenda, but within the purview of

YCTD

a. Mike Barnbaum, Sacramento, provided information from Regional Transit about its proposed resumption

of some routes.

2

Agenda Item 4 - Consent Calendar

Minute Order 2020-24

Director Ledesma made the motion, seconded by Director Frerichs, to approve the items on the consent

calendar.

4a. Approve YCTD Board Minutes for Regular meeting of July 13, 2020

4b. Approve Chair, Prior Chair Recommendation Regarding Executive Director Salary and Cafeteria Plan

Benefits and Re-define Future Evaluation Periods.

4c. Approve FY 2020/2021 Goals for YCTD Executive Director

4d. Adopt Resolution R 2020-06 Authorizing Filing of Grant Applications for 5311 CARES Act Phase 2

Funding

Roll call resulted in:

AYES: Frerichs, Ledesma, Loren, Saylor

NOES: None

ABSENT: City of Woodland representative

ABSTAIN: None

The motion passed unanimously.

Agenda Item 5 – Board Member Reports, Announcements, Other Nominations, Presentations (Oral Reports)

Director Ledesma reported there had been a 2x2+2 meeting earlier in the afternoon. Director Frerichs

stated that the proposed mutual aid MOU was being reviewed by the SacRT attorneys.

Mr. Bassett stated that in his discussion with Henry Li, it sounded like RT planned on reinstituting only

80-90% of pre-COVID-19 service by the end of August and that discussion continued with the RT union.

Director Frerichs added that discussion included the issue of stranded riders on the Causeway Connection.

Agenda Item 6 – Consider Next Phase of Causeway Connection Service

Mr. Bassett presented the staff report. He reported that staff had met 3 times with RT regarding proposed

service levels and they had laid out the YCTD proposal to increase to 15 trips per agency per day beginning

September 28. RT staff was considering the matter. He stated that UCD was estimating about 80% staffing

currently based on usage of the parking areas.

Director Saylor stated there still was uncertainty about the level of opening the main campus to students

and staff for the fall quarter. He asked how dependent the proposed schedule was on student presence on

campus. Mr. Perez responded that the request for mid-day service was primarily coming from staff who were

only working partial days and needed to return to the Davis campus mid-day.

Mr. Bassett stated that flexibility would be needed to either increase or decrease service levels as dictated

by the on-going COVID-19 situation.

Chair Loren requested an update on the scheduling software approved at the July meeting. Mr. Perez

reported staff was waiting for the licensing agreement to arrive. He stated that the software would help

optimize service routing once necessary service level changes were determined.

Director Dulcich expressed his hopes for scheduling flexibility as the project moved forward.

Mr. Perez read the following email from Dan Melzer

Kathy Souza and YCTD Board of Directors,

3

I would like to submit the following public comment for the meeting on August 10th in regards to

agenda item #6: Causeway Connection service:

I was a frequent Causeway Connection rider prior to the pandemic, and I would like to begin riding

again when UC Davis returns to face-to-face instruction. However, I am concerned by the many stories I am

hearing regarding drivers missing stops, buses breaking down, riders being stranded when the last bus

doesn’t arrive and there is no back-up plan, and so on. As a UC Davis professor, I need to be assured that I

can arrive on campus to teach my class or make it to a faculty meeting that I’m leading, and if the problems

with the Causeway Connection persist I will have no choice but to stop being a bus commuter and instead

use my car to get to campus from Sacramento.

Dan Melzer

Mr. Barnbaum thanked staff for their work on the project and expressed his support of the staff

recommendation.

Mr. Hirsch stated a desire to see a long-range calendar of board discussion/action items for at least a 12

month period.

Chair Loren responded that the board wanted to plan for the long range while remaining flexible to deal

with short range issues.

Mr. Bolte stated that the structure of the Causeway Connection was more restrictive to service than

enabling. H supported a stable board structure. He then asked if the Mondavi Center was a viable park and

ride location or if stops in the midtown area should replace that location.

Minute Order 2020-25

Director Ledesma made the motion, seconded by Director Frerichs, to concur with the next phase of

service for the Causeway Connection route 138 service with each agency expanding to 15 trips per day. Roll

call resulted in:

AYES: Frerichs, Ledesma, Loren, Saylor

NOES: None

ABSENT: City of Woodland representative

ABSTAIN: None

The motion passed unanimously.

Director Saylor requested an update regarding ridership and discussions with SacRT at the September board

meeting.

Agenda Item 7 – Consider Director’s Report

i. Oral Report--Update from Transdev Regarding Recruitment for Replacement General Manager

Mr. Bassett informed the board that a Your Ride passenger had suffered a fatal medical incident while on

board.

j. COVID-19 Updates – Mr. Bassett stated that a fourth driver had tested positive for COVID-19.

k. Operational Updates

Mr. Hirsch stated his concerns that the CAC had not met in several months and that there was no Davis

commuter appointed to the committee. He asked why there were no list-serv or website announcements

regarding meetings of the CAC and TAC meetings.

Mr. Barnbaum asked what service changes were being considered with the jurisdictions for pending

proposed changes in September. Staff replied that meetings were scheduled with the jurisdictions.

4

l. Survey Update of Existing/Past Riders

m. Update on Meetings with YCTD Member Agencies Regarding Possible Fall Service Changes

n. 2x2+2 Committee Update – previously addressed

o. Microtransit Update for Knights Landing and Winters

p. Update Regarding Marketing Services Contract

q. Attachments

i. August 10, 2020 2x2+2 Agenda

ii. July 2020 Ridership Report

Agenda Item 8 – Adjournment

There being no further business, Chair Loren adjourned the meeting at 8:02 p.m.

Respectfully submitted:

, Clerk to the Board

5

BOARD COMMUNICATIONS: YOLO COUNTY TRANSPORTATION DISTRICT 350 Industrial Way, Woodland, CA 95776----(530) 661-0816

Topic: Approve Proposed Revisions in YCTD

Intern Hourly Wage Rates

Agenda Item#:

Agenda Type:

4b Deliberation/*Action

Attachments: Yes No

Prepared By: Jose Perez Approved By: Meeting Date: September 14, 2020

RECOMMENDATION: It is recommended that the YCTD Board of Directors approve the attached recommended revisions to the hourly wage

rates for Transportation Interns (Extra Help).

REASON FOR RECOMMENDATION:

California minimum wages will be increased effective January 1, 2021. The wage scales for the transportation

interns need to be adjusted to comply with the increase.

BACKGROUND: In 2017, the Board approved changes to the transportation intern job description and wage scale to bring into compliance

with California minimum wage requirements. Since that time, the District has employed many interns from UC Davis and

Sacramento State. Most of the interns have gone on to professional positions in transportation planning for the District, for

agencies throughout the Sacramento Region and positions outside the region. Agencies employing some of our former

intern staff include Unitrans, Caltrans, SAMTRANS, AC Transit, Valley Transportation Authority (Santa Clara) and

SACOG. Our intern staff has assisted in the completion of the following recent projects:

1) Ongoing Temporary Reroutes

2) Service Schedule Distribution

3) Promotional Item/Announcements Graphic Design and Production

4) Data collection and analysis for National Transit Database (NTD) mandatory triennial survey

5) Data collection and compiling for COA and Reassessment Study

6) Promotion and implementation of microtransit services

7) Systemwide fixed-route route changes

8) Social Media Implementation

9) Routine ridership and performance reports and updates

10) Engagement with the public and assisting with outreach planning and implementation.

BUDGET IMPACT: The recommended wage scale is attached. Staff recommends a modest increase to existing scale to remain in

compliance with state wage laws and to remain competitive with similar local paid internships.

6

Yolo County Transportation District

Proposed Student Intern Hourly Wage Rates

Proposed Effective date 01/01/2021

First Year Student (Less than equivalent of 30 semester units completed) Current Proposed

Effective

1/1/2021

1)No relevant work experience $12.00 $13.00

2)At least equivalent of 15 semester units completed or 500 hours of appropriate

experience

$12.25 $13.25

3) For every year of relevant comparable experience (up to 3 years or $0.75) $ .25 $ .25

Second Year Student (Equivalent of 30 semester units completed)

1) No relevant work experience. $12.50 $13.50

2) At least equivalent of 45 semester units completed or 500 hours of appropriate

experience

$12.75 $13.75

3) For every year of relevant comparable experience (up to 3 years or $0.75) $ .25 $ .25

Third Year Student (Equivalent of 60 semester units completed)

1) No relevant work experience. $13.00 $14.00

2) At least equivalent of 75 semester units completed or 500 hours of appropriate

experience. $13.25 $14.25

3) For every year of relevant comparable experience (up to 3 years or $0.75) $ .25 $ .25

Fourth Year Student (Equivalent of 90 semester units completed)

1) No relevant work experience $14.00 $15.00

2) At least equivalent of 105 semester units completed or 500 hours of appropriate

experience. $14.50 $15.50

3) For every year of relevant comparable experience (up to 3 years or $0.75) $.25 $ .25

Graduate Student (B.A. or B.S. Degree Completed)

1) No relevant work experience $16.00 $17.00

2) At least equivalent of 9 semester units completed or 500 hours of appropriate

experience. $16.50 $17.50

3) For every year of relevant comparable experience (up to 3 years or $0.75) $ .25 $ .25

7

2020 Intern Wage Peer Summary

City of Davis Intern Minimum $13.25 Maximum

$16.96

City of West Sacramento Extra Help Minimum $13.00 Maximum

$16.25

City of Winters Extra Help Minimum $13.00 Maximum

$36.75

City of Woodland Extra Help Minimum $13.00 Maximum

$15.00

Yolo County Extra Help Minimum $13.00 Maximum

$20.00

City of Sacramento Mayor Council

Intern

Minimum $13.00 Maximum

$24.04

8

9

BOARD COMMUNICATIONS: YOLO COUNTY TRANSPORTATION DISTRICT

350 Industrial Way, Woodland, CA 95776----(530) 661-0816

Topic:

Adopt Resolution of Appreciation for

Bernadette Murray, Retiring Member of

YCTD’s Citizens Advisory Committee

Agenda Item#:

Agenda Type:

4c Deliberation/*Action

Attachments: Yes No

Prepared By: Jose Perez Approved By: Meeting Date: September 14, 2020

RECOMMENDATION:

It is recommended that the Yolo County Transportation District Board of Directors adopt the attached

Resolution 2020-07 recognizing Bernadette Murray for her many years of service.

REASON FOR RECOMMENDATION:

Ms. Murray has retired from the YCTD Citizens’ Advisory Committee (CAC), effective August 31, 2020.

Ms. Murray successfully and passionately served the CAC while representing the citizens of the City of Woodland

for over seven years, serving as the Chair for three years.

BACKGROUND:

Time and again, Ms. Murray has proven herself to be a fierce advocate for citizens and riders of the

Yolobus community. She managed to aid staff and guide the District to many admirable goals and results. Ms.

Murray provided important updates, information, and thoughtful analysis to numerous District projects and topics,

and frequently showcased her generosity by going above and beyond her routine CAC duties to ensure the District

remains successful. She resides in the City of Woodland, and her time and efforts are very much appreciated.

BUDGET IMPACT:

The resolution has no budget impact.

10

RESOLUTION NO. R 2020-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE YOLO

COUNTY TRANSPORTATION DISTRICT IN APPRECIATION OF

BERNADETTE MURRAY, FOR HER SERVICE TO THE DISTRICT ON THE CITZENS’

ADVISORY COMMITTEE

WHEREAS, Bernadette Murray first applied for membership to the Yolo County Transportation District

(YCTD) Citizens’ Advisory Committee on June 23, 2013, and her nomination was supported by Mr. William Marble for

the City of Woodland; and

WHEREAS, on August 12, 2013, Mr. William Marble the YCTD Board representative for the City of Woodland

nominated Bernadette Murray to the YCTD Citizens’ Advisory Committee, and the nomination was approved

unanimously; and

WHEREAS, on November 26, 2013 Bernadette participated in her first Citizens’ Advisory Committee meeting;

WHEREAS, Bernadette Murray was nominated by her peers (Martha Guerrero and Olin Woods) to serve as

Chair of the CAC on August 8, 2017; and

WHEREAS, Bernadette Murray has worked in a positive, professional manner with YCTD and other Yolo

County jurisdictions in numerous meetings in this role; and

WHEREAS, over the last seven years, Bernadette Murray accomplished the following:

✓ Worked tirelessly as a member of the YCTD CAC to help address, improve, and enhance Yolobus

services and access to the communities.

✓ Led the CAC as Chair for over three years, mentoring and guiding both staff and CAC peers.

✓ Continually and passionately relayed and brought to light challenges and solutions with respect to transit

and mobility services and accessibility.

✓ Regularly rode Yolobus fixed-route services, particularly the Route 42A and 42B, supporting the District

and helping make improvements.

✓ Helped staff develop and implement enhancements and improvements to training and standard operating

procedures with respect to identifying and preventing human trafficking on public transit.

✓ Helped keep staff apprised of and improve upon numerous regulations and requirements as they related to

mobility and transportation.

✓ Worked with staff to promote, evaluate, and improve upon service modifications and improvements,

including various studies and reports, and the recent Comprehensive Operational Analysis.

WHEREAS, Bernadette Murray resigned from the YCTD Citizens’ Advisory Committee effective September 1,

2020.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE YOLO COUNTY

TRANSPORTATION DISTRICT, that they adopt Resolution R 2020-07 in appreciation of Bernadette Murray for her

service to the Yolo County Transportation District. The foregoing Resolution was passed and adopted by the Yolo County

Transportation District, State of California, at a regular meeting thereof, this 14th day of September 2020 by the following

vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________________

Jesse Loren, Chair

Board of Directors

ATTEST:

________________________________

Kathy Souza, Clerk

11

BOARD COMMUNICATIONS: YOLO COUNTY TRANSPORTATION DISTRICT

350 Industrial Way, Woodland, CA 95776 --- (530) 661-0816

Topic:

Grant Continued Emergency

Authority to Executive Director

Agenda Item #:

Agenda Type:

4d Deliberation/Action

Attachments Yes No

Prepared by: Terry Bassett Approved by: Meeting Date: September 14, 2020

RECOMMENDATION:

It is recommended that for the two-month period, effective October 1, 2020 through November 30, 2020, the

YCTD Board of Directors grant continued emergency authority to its Executive Director, authorizing him, in

collaboration with the Board Chair, Vice-Chair and District Counsel, to plan for and execute emergency changes

in any and all fixed route and paratransit schedules and routes as made necessary as the result of the coronavirus,

known as COVID-19, and guidance/directives from the Yolo County Emergency Operations Center, the Yolo

County Health Officer, the California Office of Emergency Services, the Governor of the State of California, or

other regional, state or federal authorities that have jurisdiction over YCTD. It is further recommended that the

YCTD Board of Directors authorize its Executive Director to continue utilizing YCTD resources to assist the

EOC in undertaking other activities in support of EOC requests for support services.

REASON FOR RECOMMENDATION:

We are seeking a two-month extension of the emergency authority previously granted by your Board in order

allow staff to respond to changes in conditions, brought about by COVID-19 related orders from the Yolo County

Public Health Officer, the Yolo County Emergency Operations Center (EOC), and the State of California.

BACKGROUND:

Last March, your Board granted the Executive Director emergency authority described above for the period

of March 17 through May 31, 2020. On May 11th, the board extended that authority to July 31, 2020 and on July

13, 2020, that authority was extended to September 30, 2020.

There are ongoing, rapidly changing developments related to the spread of COVID-19 cases in the

Yolo/Sacramento County region, which could cause changes in guidance, directives, or requests from the Yolo

County Public Health Director, the California Department of Public Health, Governor Gavin Newsome, and other

agencies that YCTD works with.

On Thursday, June 18, 2020, the California Department of Public Health released new guidance requiring

Californians to wear face coverings in high risk settings, including while waiting for or riding on public

transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle.

We anticipate that the State and Yolo County will continue to revise guidance and restrictions and allowable

activities, in their efforts to protect the public, communities and businesses that have been impacted.

This two-month extension of emergency authority will be revisited in early November with an assessment on

whether or not such authority should be recommended for future two-month increments.

BUDGET IMPACT:

Unknown; however, staff will stay mindful of staying within the adopted budget total.

12

13

BOARD COMMUNICATIONS: YOLO COUNTY TRANSPORTATION DISTRICT 350 Industrial Way, Woodland, CA 95776---- (530) 661-0816

Topic: Authorize Award of YCTD

Website Redesign Services

Agreement to Tender Software

Agenda Item#:

Agenda Type:

4e Deliberation/Action

Attachments: Yes No

Prepared By: Jose Perez Approved by: Meeting Date: September 14, 2020

RECOMMENDATION:

It is recommended that the Yolo County Transportation District Board of Directors authorize the Executive

Director, or his/her designee, the Deputy Director of Operations, Planning, and Special Projects, or the Deputy

Director of Finance, Grants, and Procurement, to finalize and execute an agreement with Tender Software for

$21,885 to complete YCTD Website Redesign Services.

REASON FOR RECOMMENDATION:

Staff completed a federally compliant Request For Proposals (RFP) process to solicit proposals from qualified

firms. Utilizing a point-based system to rank eligible firms, it was determined that Tender Software’s proposal

and project team was deemed the most desirable partner for the project.

BACKGROUND:

The YCTD FY 2019/2020 adopted budget included $36,000 for YCTD Website redesign services. Due to

unforeseeable circumstances and impacts to operations and planning from COVID-19, the development and release

of the RFP was delayed until late spring 2020. The website redesign project was rolled into the YCTD FY 2020/2021

operating year.

YCTD distributed an initial Request For Proposals (RFP) via notices on the YCTD website, industry

publications and websites, and direct email notifications to potentially interested partners. This opportunity was

distributed on June 12, 2020. Per the RFP schedule, a non-mandatory virtual pre-proposal conference was conducted

on June 24, 2020, and responses to written questions received were distributed as an addendum on June 30, 2020.

The proposal submittal deadline of July 6, 2020 passed with four firms submitting complete proposal packages

and the proposals were ranked on both Technical and Cost basis. The three highest ranked firms (Tender Software,

Spectrum Media Solutions, and Kober Consulting), based on the sum of points earned from their respective

Technical and Cost proposals, were reference checked. It was determined that Tender Software was the highest

ranked proposer, and it is staff’s recommendation to proceed with approval from the Board to finalize an

agreement with Tender Software for completion of the YCTD Website Redesign Services. Tender Software also

offered the lowest fees for website redesign services.

The Scope of Work for the project is included within the attached draft agreement as “Agreement Exhibit A.”

BUDGET IMPACT:

The price proposal submitted by Tender Software was a fixed fee of $21.885.40 which falls within the

originally budgeted amount of $36,000. The project is in line with the YCTD FY 2020/2021 adopted budget.

14

DRAFT AGREEMENT NO. 2020-05

Agreement for Professional Services Contract for YCTD Website Redesign Services

THIS AGREEMENT (“Agreement”) is made and entered into this 14th day of September, 2020, by and between

the Yolo County Transportation District, a political subdivision of the State of California (“District”) and Tender Software

(“Consultant”).

WHEREAS, the District is authorized by Government Code Section 23004 to make contracts as necessary for the

exercise of its powers; and

WHEREAS, the District desires to obtain professional services to complete YCTD Website Redesign Services

(“WRS”) for the Yolo County Transportation District’s primary website; and

WHEREAS, the District circulated and distributed a request for proposals, an excerpt of which is attached as

Agreement 2020-05 Exhibit A; and

WHEREAS, the Consultant submitted a proposal to professional services to complete the WRS for the Yolo County

Transportation District’s primary website, an excerpt of which is attached as Agreement 2020-05 Exhibit B; and

WHEREAS, Consultant has represented to the District that it has the necessary experience, tools, and competency

to provide the services, goods and materials that are described in this Agreement, at a cost to the District as herein specified;

that it will be able to perform the herein described services at reasonable cost to the District by virtue of its current and

specialized knowledge; and that it will do so in a manner consistent with and furthering of the Values of the District; and

WHEREAS, Consultant represents and warrants that neither Consultant, nor any of its officers, agents, employees,

consultants, subconsultants, volunteers, or five percent owners, is excluded or debarred from participating in or being paid

for participation in any Federal or State program; and

WHEREAS, Consultant further represents and warrants that no conditions or events now exist which give rise to

Consultant or any of its officers, agents, employees, consultants, subconsultants, volunteers or five percent owners being

excluded or debarred from any Federal or State program; and

WHEREAS, Consultant understands that the District is relying upon these representations in entering into this

Agreement.

NOW, THEREFORE, the District and the Consultant agree as follows:

I. SCOPE OF WORK

A. Consultant shall furnish and perform the following services in accordance with Agreement 2020-05

Exhibits A-B, and in a manner satisfactory to the Executive Director or his/her written designee (“Director”). These

services include the following tasks and subtasks:

YCTD WEBSITE REDESIGN SERVICES: SCOPE OF WORK

TASK A: INITIAL RESEARCH AND SITE DEVELOPMENT

1. Develop schedule and scope of work to be completed within four months.

a. Include inventory and review of critical YCTD information, web pages, and content.

2. Working with staff, review and discuss preferred website styles, functions, and features. Provide

brief assessment (pros/cons) to desired YCTD website components and features.

3. Working with staff, develop website redesign implementation plan including key steps to have

newly designed website up and running within four months.

15

TASK B: CONTENT MIGRATION

1. Content migration will be completed by selected vendor before launch of redesigned website.

TASK C: TRAINING AND SUPPORT

1. Selected vendor shall conduct Content Management System training for select group of YCTD

employees.

TASK D: WEBSITE SPECIFICATIONS

1. Contractor is responsible for providing a fully functional open source website apart from the

hosting and maintenance services

2. Fully functional, open-source based (i.e., non-proprietary) Content Management System (CMS).

3. Multiple user roles.

4. Multiple navigation modifiable menus.

5. WYSIWYG editing capability

6. Multiple website and webpage “templates” for various scenarios.

a. Default.

b. Service Change.

c. Emergency.

d. Other(s).

7. Allow organizing, deleting, and modifying content.

8. Allow version control.

9. Pages to allow keywords and tags for easy searching.

10. Recommend and implement integration of listserv service(s) (e.g., Mailchimp, Constant Contact,

sendinblue, etc.).

11. Content created in CMS shall be easily collected in CMS and sent via listserv service(s).

12. Responsive design.

13. The site should provide an optimal viewing experience across a wide range of devices (Desktop,

Mobile, Tablet) and operating systems.

14. Search Engine Optimization tools available for each page.

15. Robust site-wide search.

16. Incorporate designs, themes, and artwork as desired/provided by YCTD (as appropriate).

17. Must incorporate current security best practices.

18. Ability for staff to quickly add landing pages with sub-branded sections with sub navigation.

19. Conduct thorough testing, including a log of any issues found and corrected.

OPTIONAL TASK E: HOSTING, SECURITY, AND MAINTENANCE

Selected vendor may also provide hosting, security, and maintenance services on an ongoing basis.

Each bid must include an option for an additional annual fee for such services, including:

1. Hosting shall provide 99.9% uptime.

2. Security monitoring to be provided by selected vendor and regular updates provided to YCTD

administrators.

3. Maintenance of website shall include access to help desk support.

The contract option for hosting, security, and maintenance services may be renewed annually for up to

a total of three years.

TASK DELIVERABLES

Task A1 Deliverable: A document outlining the schedule and detailed scope of work that will be

completed by consultant over 4-month period. Completed inventory and notes

regarding current YCTD website content

Task A2 Deliverable: A minimum of one meeting with YCTD staff to review desired website elements

and components. Summary of discussion and suggestions for YCTD redesign.

Task A3 Deliverable: A document that outlines implementation tasks and a meeting with YCTD staff

16

to review document and provide any needed technical assistance.

Task B1 Deliverable: Complete web content migration from existing website to new website.

Task C Deliverables: Minimum of one training session provided by consultant for YCTD staff to

provide instruction on how to update and train others to update the new website.

Copies of agenda and training materials.

Tasks D1-D19 Deliverables: Minimum of one meeting with YCTD staff to confirm that the new

website will include all specifications as outlined in Task D.

OPTIONAL Tasks El-E4 Deliverables: A minimum of one meeting with YCTD staff to confirm the

security, maintenance and hosting features are working as required by YCTD

B. More specifically, the Consultant shall provide the full range of services with regard to the projects

described above. Consultant will provide all equipment, personnel, labor, and materials necessary to provide the

foregoing services in accordance with this Agreement.

C. The complete contract shall include the following Agreement 2020-05 Exhibits attached hereto and

incorporated herein:

Agreement 2020-05 Exhibit A RFP Excerpt

Agreement 2020-05 Exhibit B Proposal Excerpt and Budget

Agreement 2020-05 Exhibit C Workers’ Comp. Certificate

Agreement 2020-05 Exhibit D Federal and State Clauses and Overlays

In the event of any conflict between any of the provisions of this Agreement (including Exhibits), the provision that

requires the highest level of performance from Consultant for the District's benefit shall prevail.

D. Consultant shall comply with all applicable provisions of the Federal Transit Administration, State

contract(s), and those provisions are incorporated herein as if fully set forth in this place and found in Agreement

2020-05 Exhibit D.

E. The Director may approve modifications of the term, scheduling, billing rates, and allocation of funds

between the tasks and subtasks (if any) set forth above, provided that there is no increase in the total compensation

as set forth in Paragraph III of this Agreement.

II. COMPENSATION AND REIMBURSEMENT OF EXPENSES

A. For the services described in Paragraph I above, and subject to the condition that the services have been

completed in a manner satisfactory to the Director or his/her designee, Consultant shall be compensated as shown

in Agreement 2020-05 Exhibit B. Provided, however, that the total amount of compensation to be paid to

Consultant for the services required by this Agreement shall not exceed twenty-one thousand, eight-hundred

and eighty-six dollars ($21,886). In the determination of hourly fees, time allotments shall be calculated to one-

tenth of an hour.

B. Any other provision of this Agreement notwithstanding, because portions of this Agreement may be funded

by a Federal or State Contract, the District’s obligation to compensate Consultant pursuant to this Agreement is

contingent upon, and subject to, the District’s receipt of such funding from the Federal Government or State, and

the absence or removal of any constraints imposed by the Federal Government or State upon such receipt and

payment.

III. METHOD OF PAYMENT

A. Within thirty (30) days of the completion of each subtask identified in Paragraph I in a manner that is

satisfactory to the Director, the Consultant shall submit an invoice detailing the services provided, the person(s)

providing the service, the amount of time spent by each person providing the service calculated to the one-tenth of

17

an hour, the rate per hour charged for each person providing service, and an itemization of the actual expenses for

which reimbursement is requested. Any claim for additional services pursuant to Paragraph II shall also include a

copy of the Director’s written approval in advance of such services being provided. If requested by the District,

Consultant shall provide any further documentation to verify the compensation and reimbursement sought by

Consultant.

B. Within fifteen (15) calendar days of the receipt of Consultant’s detailed invoice, the Director shall either

authorize payment or advise Consultant in writing of any concerns that the Director has with the invoice and any

need for further documentation.

C. Within thirty (30) calendar days of the Director’s authorization for payment of an invoice, the Deputy

Director of Finance, Grants and Procurement shall either issue the payment or advise Consultant in writing of any

concerns that the Deputy Director of Finance, Grants and Procurement has with the request and any need for further

documentation.

IV. OWNERSHIP OF DOCUMENTS AND WORK PRODUCTS

All professional and technical documents and information developed under this Agreement, and all work products, including

writings, work sheets, reports, and related data, materials, copyrights and all other rights and interests therein, shall become

the property of the District, and Consultant agrees to deliver and assign the foregoing to the District, upon completion of

the services hereunder or upon any earlier termination of this Agreement. Consultant assigns the work products, as and

when the same shall arise, for the full terms of protection available throughout the world. In addition, basic data prepared

or obtained under this Agreement shall be made available to the District without restriction or limitation on their use.

No additional charge will be made for any of the foregoing.

V. RECORDS; ACCESS, RETENTION

Consultant shall retain and make available for review by the District and its designees all records, documents, and general

correspondence relating to this Agreement and the services required hereunder for a period of not less than five (5) years

after receipt of final payment or until all pending audits and proceedings are completed, whichever is later. Consultant shall

make such records available for inspection and copying by the District and its designees at any reasonable time. At least

thirty (30) calendar days prior to any destruction of these records following the four years, Consultant shall notify the

Director. Upon such notification, the Director shall either agree to the destruction or authorize the records to be forwarded

to the District for further retention.

VI. DISPUTES

Any dispute arising under this Agreement shall be decided by the Executive Director who shall put his or her decision in

writing and mail a copy thereof to the address for the notice to Consultant. The decision of the Executive Director shall be

final unless, within thirty (30) days from the date such copy is mailed to Consultant, Consultant appeals the decision in

writing to the Board of Directors. Any such written appeal shall detail the reasons for the appeal and contain copies of all

documentation supporting Consultant's position. In connection with any appeal proceeding under this paragraph, Consultant

shall be afforded the opportunity to be heard and offer evidence in support of its appeal to the Board of Directors at a regular

Board meeting. Pending a final decision of the dispute, Consultant shall proceed diligently with the performance of this

Agreement and in accordance with the Executive Director's decision. The decision of the Board of Directors on the appeal

shall be final for purposes of exhaustion of administrative remedies.

VII. TERM AND TERMINATION

A. The term of this Agreement shall be from September 14, 2020 through December 31, 2020 unless sooner

terminated as hereinafter provided.

B. Should either party fail to substantially perform its obligations in accordance with this Agreement, the other

party may notify the defaulting party of such default in writing and provide not less than thirty (30) days to cure the

default. Such notice shall describe the default, and shall not be deemed a forfeiture or termination of this Agreement.

18

If such default is not cured within said thirty day period (or such longer period as is specified in the notice or agreed

to by the parties), the party that gave notice of default may terminate this Agreement upon not less than fifteen (15)

days advance written notice. In the event of such termination based upon Consultant default, the District reserves

the right to purchase or obtain the supplies or services elsewhere, and Consultant shall be liable for the difference

between the prices set forth herein and the actual cost thereof to the District. The foregoing notwithstanding, neither

party waives the right to recover damages against the other for breach of this Agreement.

C. This Agreement is subject to the District, the State of California and the United States appropriating and

approving sufficient funds for the activities required of the Consultant pursuant to this Agreement. If the District's

adopted budget and/or its receipts from the State of California and the United States do not contain sufficient funds

for this Agreement, the District may terminate this Agreement by giving ten (10) days advance written notice thereof

to the Consultant, in which event the District shall have no obligation to pay the Consultant any further funds or

provide other consideration and the Consultant shall have no obligation to provide any further services pursuant

this Agreement. If the District terminates the Agreement pursuant to this subparagraph, the District will pay

Consultant in accordance with this Agreement for all services performed to the reasonable satisfaction of the

Director before such termination and for which funds have appropriated as required by law.

D. This Agreement may be terminated for any reason by either party at any time during its term, by giving 60

days written notice to the other party.

E. If Consultant, or any of its officers, agents, employees, consultants, subconsultants, volunteers or five

percent owners, becomes excluded, debarred or suspended from participation in Federally or State funded programs,

the District may terminate this Agreement by giving ten (10) days advance written notice thereof to the Consultant.

F. Upon termination of this Agreement or suspension of work by either District or Consultant after final

payment, Consultant shall furnish to District all documents and drawings prepared under this Agreement, whether

complete or incomplete. In the event of termination for any reason, reproducible copies of all finished or unfinished

documents, drawings, maps, models, photographs, and reports prepared by Consultant shall become the sole and

exclusive property of the District and Consultant shall be entitled to receive compensation for any work completed

on such documents and other materials of reasonable satisfactory quality and within the terms and conditions of this

Agreement. All creative work undertaken by Consultant such as sketches, copy, dummies and all preparatory work

for which Consultant is not compensated by the District shall remain the sole and exclusive property of the

Consultant.

G. During and following the term of this Agreement, Consultant shall not use, distribute or otherwise circulate

any of the materials developed pursuant to this Agreement and for which Consultant was compensated by the

District without the express written permission of the Director.

VIII. APPLICABLE LAWS

A. In the performance of the services required by this Agreement, Consultant shall use due professional care

to comply with all applicable Federal, State, and County statutes, ordinances, regulations, directives and laws. This

Agreement is also subject to any additional restrictions or conditions that may be imposed upon the District by the

Federal or State government, including but not limited to those included in Agreement 2020-05 Exhibit D.

B. This Agreement shall be deemed to be executed within the State of California and construed in accordance

with and governed by the laws of the State of California. Any action or proceeding arising out of this Agreement

shall be filed and resolved in a California State court located in Woodland, California. Consultant waives any

removal rights it might have under State or Federal law.

IX. NON-DISCRIMINATION IN SERVICES AND BENEFITS

Consultant certifies that any service provided pursuant to this Agreement shall be without discrimination based on color,

race, creed, national origin, religion, sex, age, sexual preferences, or physical or mental disability in accordance with all

applicable Federal, State and County laws and regulations and any administrative directives established by the District. For

the purpose of this Agreement, distinctions on the grounds of color, race, creed, national origin, religion, sex, age, sexual

19

preferences, or physical or mental disability include but are not limited to the following: denying a participant any service

or benefit which is different, or is provided in a different manner or at a different time from that provided to other participants

under this Agreement; subjecting a participant to segregation or separate treatment in any way in the enjoyment or any

advantage or privilege enjoyed by others receiving any service or benefit; treating a participant differently from others in

determining whether the participant has satisfied any admission, enrollment quota, eligibility, membership, or other

requirement or condition which individuals must meet in order to be provided any service or benefit; and the assignment of

times or places for the provision of services.

X. CONSULTANT'S RESPONSIBILITIES

A. Consultant shall exercise all of the care and judgment consistent with good practices in the performance of

the services required by this Agreement.

B. To the fullest extent allowed by law, Consultant shall indemnify and hold harmless, the District, its officers

and employees from and against any and all claims, damages, demands, losses, and liability of any kind or nature

to the extent that such arise out of, or result from, negligent performance of the work by Consultant, any

subconsultant, anyone directly or indirectly employed by any of them, or anyone whose acts may cause any of

them be liable. In no event shall the cost to defend charged to the Consultant, any subconsultant, anyone directly

or indirectly employed by any of them, or anyone whose acts may cause any of them to be liable, exceed their

proportionate percentage of fault. These indemnity obligations shall survive the termination or completion of this

Agreement for the full period of time allowed by law. The indemnification obligations of this Agreement are

undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this

Agreement.

C. Consultant shall agree to include the same requirements and provisions of this Agreement, including the

indemnity and Insurance requirements, with any subconsultant to the extent they apply to the scope of the

subconsultant’s work.

In providing any defense under this Paragraph, Consultant shall use counsel reasonably acceptable to the

District Counsel.

XI. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

A. During the term of this Agreement, Consultant shall at all times maintain, at its expense, the following

coverages and requirements. The comprehensive general liability insurance shall include broad form property

damage insurance.

1. Minimum Coverages (as applicable). Insurance coverage shall be with limits not less than the

following:

a. Comprehensive General Liability – $1,000,000/occurrence and $2,000,000/aggregate

b. Automobile Liability – $1,000,000/occurrence (general) and $500,000/occurrence

(property) (include coverage for Hired and Non-owned vehicles)

c. Professional Liability/Malpractice/Errors and Omissions – $1,000,000/claim and

$2,000,000/aggregate (If any engineer, architect, attorney, accountant, medical professional,

psychologist, or other licensed professional performs work under a contract, the consultant must

provide this insurance. If not, then this requirement automatically does not apply.)

d. Workers’ Compensation – Statutory Limits/Employers’ Liability - $1,000,000/accident

for bodily injury or disease (If no employees, this requirement automatically does not apply.)

2. The District, its officers, employees and volunteers shall be named as additional insured on all but

the workers’ compensation and professional liability coverages. It shall be a requirement under this

Agreement that any available insurance proceeds broader than or in excess of the specified minimum

Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore,

the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this

Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or

proceeds available to the named Insured; whichever is greater.

20

a. The Additional Insured coverage under the Consultant’s policy shall be “primary and non-

contributory” and will not seek contribution from the District’s insurance and shall be at least as

broad as CG 20 01 04 13.

b. The limits of Insurance required in this Agreement may be satisfied by a combination of

primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be

endorsed to contain a provision that such coverage shall also apply on a primary and non

contributory basis for the benefit of the District (if agreed to in a written contract or agreement)

before the District’s own Insurance or self insurance shall be called upon to protect it as a named

insured.

3. Said policies shall remain in force through the life of this Agreement and, with the exception of

professional liability coverage, shall be payable on a “per occurrence” basis unless the District Risk

Manager specifically consents in writing to a “claims made” basis. For all “claims made” coverage, in

the event that the Consultant cancels insurance coverage Consultant shall purchase “tail” coverage

covering the term of this Agreement and not less than three years thereafter. Proof of such “tail” coverage

shall be required at any time that the Consultant changes to a new carrier prior to receipt of any payments

due.

4. The Consultant shall declare all aggregate limits on the coverage before commencing

performance of this Agreement, and the District’s Risk Manager reserves the right to require higher

aggregate limits to ensure that the coverage limits required for this Agreement as set forth above are

available throughout the performance of this Agreement.

5. Any deductibles or self-insured retentions must be declared to and are subject to the approval of

the District Risk Manager. All self-insured retentions (SIR) must be disclosed to Risk Management for

approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide

or be endorsed to provide that the SIR may be satisfied either by the named Insured or the District.

6. Each insurance policy shall state that coverage shall not be canceled by either party, reduced in

coverage or in limits, except after thirty (30) days’ prior written notice has been given to the Director (ten

(10) days for delinquent insurance premium payments).

7. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII,

unless otherwise approved by the District Risk Manager.

8. The policies shall cover all activities of Consultant, its officers, employees, agents and volunteers

arising out of or in connection with this Agreement.

9. For any claims relating to this Agreement, the Consultant’s insurance coverage shall be primary,

except professional liability and workers compensation, including as respects the District, its officers,

employees and volunteers. Any insurance maintained by the District shall apply in excess of, and not

contribute with, insurance provided by Consultant’s liability insurance policy.

10. The Consultant shall waive all rights of subrogation against the District, its officers, employees,

and volunteers.

B. Prior to commencing services pursuant to this Agreement, Consultant shall furnish the District with original

endorsements or certificates reflecting coverage required by this Agreement. The endorsements or

certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All

endorsements or certificates are to be received by, and are subject to the approval of, the District Risk

Manager before work commences. Upon District’s request, Consultant shall provide complete, certified

copies of all required insurance policies, including endorsements or certificates reflecting the coverage

required by these specifications.

21

D. During the term of this Agreement, Consultant shall furnish the District with original endorsements

reflecting renewals, changes in insurance companies and any other documents reflecting the maintenance

of the required coverage throughout the entire term of this Agreement. The endorsements are to be signed

by a person authorized by that insurer to bind coverage on its behalf. Upon District’s request, Consultant

shall provide complete, certified copies of all required insurance policies, including endorsements reflecting

the coverage required by these specifications. District reserves the right to obtain a full certified copy of

any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right

to exercise later.

E. Consultant agrees to include with all Subconsultants in their subcontract the same requirements and

provisions of this Agreement, including the indemnity and Insurance requirements, to the extent they apply

to the scope of the Subconsultant’s work. Subconsultants hired by Consultant agree to be bound to

Consultant and District in the same manner and to the same extent as Consultant is bound to the District

under the Contract Documents. Subconsultant further agrees to include these same provisions with any

Sub-subconsultant. A copy of the Owner Contract Document Indemnity and Insurance provisions will be

furnished to the Subconsultant upon request. The Consultant shall require all Subconsultants to provide a

valid certificate of insurance and the required endorsements included in the agreement prior to

commencement of any work and Consultant will provide proof of compliance to the District.

F. Consultant shall maintain insurance as required by this contract to the fullest amount allowed by law and

shall maintain insurance for a minimum of five years following the completion of this project. In the event

consultant fails to obtain or maintain completed operations coverage as required by this Agreement, the

District at its sole discretion may purchase the coverage required and the cost will be paid by Consultant.

XII. WORKERS’ COMPENSATION

Consultant shall provide workers’ compensation coverage as required by State law, and prior to commencing services

pursuant to this Agreement shall file the following statement with the District in a form substantially as set forth below.

WORKERS’ COMPENSATION CERTIFICATE

I am aware of the provisions of Section 3700 of the Labor Code that 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 any services required by this Agreement.

The person executing this certificate on behalf of Consultant affirmatively represents that she/he has the requisite

legal authority to do so on behalf of Consultant, both the person executing this Agreement on behalf of Consultant

and Consultant understand that the District is relying on this representation in entering into this Agreement.

XIII. NOTICE

A. All notices shall be deemed to have been given when made in writing and delivered or mailed to the

respective representatives of District and Consultant at their respective addresses as follows:

Consultant: Tender Software

Attn: Eric Lambeth

3431 Rayford Road, Spring TX, 77386

District: Yolo County Transportation District

Attn: Terry Bassett, Executive Director

350 Industrial Way

Woodland, CA 95776

22

B. In lieu of written notice to the above addresses, any party may provide notices through the use of facsimile

machines provided confirmation of delivery is obtained at the time of transmission of the notices and provided the

following facsimile telephone numbers are used:

Consultant: Tender Software

(713) 401-2659

District: Yolo County Transportation District

(530) 661-1732

C. Any party may change the address or facsimile number to which such communications are to be given by

providing the other parties with written notice of such change at least fifteen (15) calendar days prior to the effective

date of the change.

D. All notices shall be effective upon receipt and shall be deemed received through delivery if personally

served or served using facsimile machines, or on the fifth (5th) day following deposit in the mail if sent by first

class mail.

XIV. CONFLICT OF INTEREST

A. Consultant shall comply with the laws and regulations of the State of California and District regarding

conflicts of interest, including, but not limited to, Article 4 of Chapter 1, Division 4, Title 1 of the California

Government Code, commencing with Section 1090, and Chapter 7 of Title 9 of said Code, commencing with Section

87100 including regulations promulgated by the California Fair Political Practices Commission.

B. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect,

which would conflict in any manner or degree with the performance of Consultant's obligations and responsibilities

hereunder. Consultant further covenants that in the performance of this Agreement, no person having any such

interest shall be employed. This covenant shall remain in force until Consultant completes performance of the

services required of it under this Agreement.

C. Consultant agrees that if any fact comes to its attention that raises any question as to the applicability of

any conflict of interest law or regulation, Consultant will immediately inform the District and provide all

information needed for resolution of the question.

XV. COVENANT AGAINST CONTINGENT FEES

Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working

for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other

than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent

upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the District shall have

the right to annul this Agreement without liability, or in its discretion to deduct from the agreement price or consideration,

or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

XVI. AUDITS

A. Consultant shall be subject to examination and audit by the State or the District, or both, throughout the

term of this Agreement and thereafter for a period of three years from the date that final payment is made pursuant

to this Agreement. This does not preclude access to records by District, State, the Comptroller General of the United

States, or any of their authorized representatives, as otherwise provided by this Agreement, the State contract, or

State or Federal laws and regulations. Consultant agrees that District and/or State has the right to review, obtain,

and copy all records pertaining to the performance of this Agreement, and agrees to provide District and/or State

with any and all relevant information requested.

B. Any and all books, records, and facilities maintained by Consultant related to services provided under this

Agreement may be audited, inspected and copied at any time during normal business hours. Unannounced visits

23

may be made at the discretion of the District or State. Employees who might reasonably have information related

to such records may be interviewed. All expenditures of State and federal funds furnished to Consultant pursuant

to this Agreement are subject to audit by District, State and/or Federal representatives. Such audits shall consider

and build upon external independent audits performed pursuant to audit requirements of the Office of Management

and Budget (OMB) Circular A-133 as described in Paragraph C below.

C. Should Consultant expend $500,000 or more in Federal funds during any fiscal year, Consultant shall

furnish District a certified copy of an Audit Report from an independent CPA firm covering the Consultant's

preceding fiscal year of January 1 through December 31. This Audit shall be performed in accordance with OMB

Circular A-133 and conducted in accordance with generally accepted government auditing standards as described

in Government Auditing Standards (1994 Revision), and provided in a form satisfactory to the Director.

Consultant shall provide this Audit Report no later than July 31 of each year. In the event that this

Agreement expires or is terminated on a date other than December 31, Consultant shall provide District such an

Audit Report covering the preceding period of January 1 through the date of expiration or termination no later than

July 31 after the date of expiration or termination. Consultant shall ensure that audit work papers supporting the

report are retained for a period of three (3) years from the date of the audit report, and longer if notified by the State

or District to extend the retention period, and are made available to the State and/or District upon request.

D. Should an Audit Report or any State or District audit determine that Consultant has misspent funds and

been overpaid based on the requirements of this Agreement and applicable laws and regulations, District shall

demand repayment from Consultant in the amount of such audit findings and withhold any payment otherwise due

under this Agreement until Consultant repays such amount. Consultant shall repay District such amount within

sixty (60) days of the date of the District's demand for repayment. Should Consultant fail to repay District within

sixty (60) days of the date of District's demand for repayment, the District may offset the amount due from

Consultant against any amounts that would otherwise be due from the District to Consultant pursuant to this

Agreement or any other agreement or source.

E. Any failure or refusal by Consultant to permit access to any facilities, books, records or other information

required to be provided to the State &/or the District by this Agreement &/or the State contract shall constitute an

express and immediate breach of this Agreement.

XVII. ASSIGNMENT AND SUBCONTRACTS

The services and obligations required of Consultant under this Agreement are not assignable in whole or in part. In addition,

Consultant shall not subcontract any portion of the services required of Consultant by this Agreement without the express

written consent of the Director. If any portion of the services required of Consultant are subcontracted, the subconsultant(s)

shall maintain the same insurance as required of Consultant by this Agreement and Consultant shall be fully responsible to

the District for all work undertaken by subconsultants as provided by CA law.

XVIII. STATUS OF CONSULTANT

A. It is understood and agreed by all the parties hereto that Consultant is an independent consultant and that

no relationship of employer-employee exists between the District and Consultant. Neither Consultant nor

Consultant's assigned personnel shall be entitled to any benefits payable to employees of the District. Consultant

hereby indemnifies and holds the District harmless from any and all claims that may be made against the District

based upon any contention by any third party that an employer-employee relationship exists by reason of this

Agreement or any services provided pursuant to this Agreement.

B. It is further understood and agreed by all the parties hereto that neither Consultant nor Consultant's assigned

personnel shall have any right to act on behalf of the District in any capacity whatsoever as an agent or to bind the

District to any obligation whatsoever.

C. It is further understood and agreed by all the parties hereto that Consultant must issue any and all forms

required by Federal and State laws for income and employment tax purposes, including W-2 and 941 forms, for all

of Consultant's assigned personnel.

24

XIX. AMENDMENT

This Agreement may be amended only by written instrument signed by the District and Consultant.

XX. WAIVER

The waiver by the District or any of its officers, agents or employees or the failure of the District or its officers, agents or

employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this

Agreement shall not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any

terms, covenants or conditions of this Agreement.

XXI. AUTHORIZED REPRESENTATIVE

The person executing this Agreement on behalf of Consultant affirmatively represents that she/he has the requisite legal

authority to enter into this Agreement on behalf of Consultant and to bind Consultant to the terms and conditions of this

Agreement. Both the person executing this Agreement on behalf of Consultant and Consultant understand that the District

is relying on this representation in entering into this Agreement.

XXII. PUBLIC RECORDS ACT

Upon its execution, this Agreement (including all exhibits and attachments) shall be subject to disclosure pursuant

to the California Public Records Act.

XXIII. ADDITIONAL PROVISIONS

A. Where there is a doubt as to whether a provision of this document is a covenant or a condition, the provision

shall carry the legal effect of both. Should the District choose to excuse any given failure of Consultant to meet

any given condition, covenant or obligation (whether precedent or subsequent), that decision will not be, or have

the legal effect of, a waiver of the legal effect in subsequent circumstances of either that condition, covenant or

obligation or any other found in this document. All conditions, covenants and obligations continue to apply no

matter how often District may choose to excuse a failure to perform them.

B. Except where specifically stated otherwise in this document, the promises in this document benefit the

District and Consultant only. They are not intended to, nor shall they be interpreted or applied to, give any

enforcement rights to any other persons (including corporate) which might be affected by the performance or non-

performance of this Agreement, nor do the parties hereto intend to convey to anyone any “legitimate claim of

entitlement” with the meaning and rights that phrase has been given by case law.

1. By signing this Agreement, the Consultant agrees to comply with applicable Federal suspension and

debarment regulations including, but not limited to, 7 CFR Part 3017, 45 CFR 76, 40 CFR 32 or 34 CFR

85.

2. By signing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its

principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

excluded by any federal department or agency;

b. Have not within a three-year period preceding this application/proposal/agreement been convicted

of or had a civil judgment rendered against them for commission of fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)

transaction or contract under a public transaction; violation of Federal or State antitrust statutes or

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making

false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

25

(Federal, State or local) with commission of any of the offenses enumerated in Paragraph 2(b)

herein;

d. Have not within a three-year period preceding this application/proposal/ agreement had one or more

public transactions (Federal, State or local) terminated for cause or default;

e. Shall not knowingly enter into any lower tier covered transaction with a person who is proposed

for debarment under federal regulations (i.e., 48 CFR part 9, subpart 9.4), debarred, suspended,

declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized

by the State; and

f. Will included a clause entitled, “Debarment and Suspension Certification” that essentially sets forth

the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier

covered transactions.

3. If the Consultant is unable to certify to any of the statements in this certification, the Consultant shall submit

an explanation to the District program funding this Agreement, and the District shall have the option of

terminating this Agreement immediately or at any time thereafter, upon giving Consultant written notice of

such termination, if the explanation is not found satisfactory by the District in its sole discretion.

4. The terms and definitions herein have the meanings set out in the Definitions and Coverage sections of the

rules implementing Federal Executive Order 12549.

5. If the Consultant knowingly violates this certification, in addition to other remedies available to the Federal

Government, the District may terminate this Agreement at any time upon giving Consultant written notice

of such termination.

XXIV. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the District and Consultant and supersedes all prior negotiations,

representations, or agreements, whether written or oral. In the event of a dispute between the parties as to the language of

this Agreement or the construction or meaning of any term hereof, this Agreement shall be deemed to have been drafted by

the parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed

against any party to this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first set forth above.

CONSULTANT YOLO COUNTY TRANSPORTATION

DISTRICT

By___________________________ By____________________________

Eric Lambeth, Terry Bassett, Executive Director

Client Relationship Manager

Attest:

Kathy Souza, Clerk

Board of Directors

By_______________________________

Approved as to Form:

By _________________________________

Hope P. Welton, District Counsel

26

27

Agreement 2020-05 Exhibit A – RFP Excerpt

REQUEST FOR PROPOSALS

YCTD WEBSITE REDESIGN SERVICES

RFP 2020-01

DATE ISSUED: Friday, June 12, 2020

DATE DUE: Monday, July 6, 2020, 4:00 p.m. PST

Budget: Not-to-Exceed $36,000

Non-Mandatory Pre-Proposal Conference:

Wednesday, June 24, 2020, 10:00 a.m.

28

Remote Participation Only

Dial (530) 402-2801

Press 1 for Conference Room 1

Enter Code 3501 when prompted

REQUEST FOR PROPOSALS YCTD WEBSITE REDESIGN SERVICES

1. SCOPE OF SERVICES

The Yolo County Transportation District (YCTD) is seeking to award a professional services contract for

YCTD Website Redesign Services. All services are subject to approval by YCTD and the Consultant prior to

start of work. The Scope of Work is presented in this Request For Proposals (RFP) in RFP Exhibit A. The

proposal deadline for this opportunity is set for 4:00 p.m. Monday, July 6, 2020.

2. PROPOSAL DUE DATE One (1) original, three (3) bound copies, and one (1) electronic copy of your sealed, written proposal must be

received at YCTD's Administrative Office, 350 Industrial Way, Woodland, California 95776 by 4:00 p.m.

Monday, July 6, 2020 to the attention of Jose Perez, Deputy Director, titled “Request for Proposals: YCTD

Website Redesign Services.”

Proposals received after the time or at any place other than stated herein will not be accepted. Postmarks are

not an acceptable substitution for submittal by the required deadline. Proposals shall be prepared, presented

and negotiated at the sole cost of the Proposer.

3. INTERPRETATION OF SPECIFICATIONS A non-mandatory pre-proposal conference will be conducted on Wednesday, June 24, 2020, at 10:00 a.m.

PST via teleconference. Remote participation by phone will be available by dialing in to the teleconference

line below:

• Dial (530) 402-2801 at the time of the pre-proposal conference

• Press 1 for Conference Room 1

• Enter Code 3501 when prompted

If any person or firm submitting a proposal is in doubt as to the true meaning of any part of these specifications,

they may submit to Jose Perez, Deputy Director, a written request by 4:00 p.m. Friday, June 26, 2020 for an

interpretation or clarification thereof by email at jperez@yctd.org. Any modification of these specifications

will be made in writing by addendum and distributed to all those receiving a copy of said specifications. All

29

addenda and/or FAQs will be posted at http://yolobus.com/news/requestforproposals.php. Oral interpretations

will not be binding on YCTD.

4. WITHDRAWAL OF PROPOSAL Submission of a proposal shall constitute a firm offer to YCTD for ninety (90) days from the deadline for

receipt of proposals. A proposer may withdraw its proposal any time before the date and time when proposals

are due, without prejudice, by submitting a signed, written mailed, or emailed, request for its withdrawal to

Jose Perez, Deputy Director, Yolo County Transportation District, 350 Industrial Way, Woodland, CA 95776,

Email: jperez@yctd.org. Requests for withdrawal of proposal made by phone will not be accepted.

5. TERM The contract to provide YCTD Website Redesign Services will be valid through December 31, 2020, unless

the project is completed earlier, or is terminated earlier in accordance with the agreement for professional

services.

6. COMMUNICATIONS AND CONTACT DURING RFP PROCESS Once this RFP is issued to the public, effective June 12, 2020 any and all communication between any and

all prospective Proposers and YCTD must take place between representatives of a Proposer and the staff of

YCTD as indicated within this RFP. Under no circumstances is it allowable for any member of a prospective

Proposer or their representative to contact a member of the Board of Directors for YCTD to discuss this RFP

or anything remotely related or connected to it. This prohibition shall be in effect until the successful Proposer

and YCTD executes an awarded contract. This requirement may be waived for the express purpose of the

YCTD Board of Directors or their sub-committee to conduct interviews with or receive formal presentations

from prospective Proposers at formal and public meetings, if any, at the request of the YCTD Chair or

Executive Director. Any violation of this requirement of the RFP may automatically disqualify a Proposer.

7. PROPOSER’S REPRESENTATIONS By submitting a proposal, the Proposer affirms that he/she is familiar with all requirements of the RFP and

has sufficiently informed himself/herself in all matters affecting the performance of the work or the furnishing

of the labor, supplies, materials, equipment or facilities called for in this RFP: that he/she has checked the

proposal for errors and omissions: that the prices stated are correct and as intended by the Proposer and are a

complete statement of his/her prices for performing the work or furnishing the labor, supplies, materials,

equipment, and/or facilities required.

8. PROPOSAL CONTENT Proposals must be typed and must address each item below. Proposals must be in sufficient detail to permit

evaluation and demonstrate ability to meet the requirements of this RFP. Proposals that do not include all the

required information and fully completed proposal forms may be rejected as non-responsive. Proposers must

submit their proposals in accordance with the following:

A. Cover Letter

The cover letter should summarize the major points contained in the proposal and should be signed by a

representative of the firm with the authority to negotiate and bind the firm. The Proposer must

acknowledge that their proposed tasks and deliverables and other terms of the Proposal shall be firm for

at least ninety (90) days from the due date for the Proposals. The cover letter must indicate whether there

are any conflicts of interest that would limit the firm’s ability to provide the requested services. Provide

any required disclosures pursuant to the Levine Act discussed below. Indicate the proposer is prepared to

sign the Agreement for Professional Services, RFP Exhibit A.

30

B. Firm Profile, Background, Experience and Financial Stability (Two pages maximum)

1. Each Proposer shall provide a summary statement outlining the organization’s history and experience,

including comparable experience within the last three years.

2. Each Proposer is to provide information and location of its office(s) from which the Proposer will be

conducting, maintaining, and supporting, services on behalf of YCTD.

3. Each Proposer shall certify that it has the financial capacity to provide services outlined in this RFP

there are no pending litigations, bankruptcy proceedings or other financial events against the

organization that may impact its financial capacity.

4. A minimum of three (3) references receiving services from Proposer similar to those requested in this

RFP, including name, address, telephone number and contact person.

C. Technical Proposal (Ten pages maximum)

1. Proposer should establish the Consultant’s understanding of YCTD’s objectives, ability to meet the

objectives, and provide a concise plan for how this will be accomplished.

2. Proposer shall address each of the Tasks and Subtasks as presented in the Scope of Work (RFP Exhibit

A).

3. Technical Proposals shall include an Implementation Plan. Implementation plan shall address, at a

minimum, the activities and procedures that will be followed to ensure the completion the project. The

Implementation Plan should also document training schedules, acquisition of necessary personnel,

equipment, licenses and any other activities necessary to begin work on the scope of services.

4. Technical Proposals shall include a detailed, proposed project schedule and timeline by Task and

Subtask.

5. Proposed modifications to the Tasks, Subtasks, and/or deliverables shall be accompanied by sufficient

explanation/justification for the proposed modification.

D. Cost Proposal

The budget for the YCTD Website Redesign Services (WRS) is approximately $36,000. Proposers are

encouraged to submit proposals which will accomplish the WRS goals and deliverables and may propose

additional activities which would exceed the project budget. Costs for activities exceeding the budget

should be identified as separate line items/options and may be considered by the District for inclusion

within the WRS scope of work.

The firm shall prepare a complete cost proposal in a separate sealed envelope with all tasks, deliverables,

cost options (as applicable), and quantities indicated in the scope of work. Cost proposal shall include

rates per hour for all key personnel (including proposed subconsultants) and overhead by task. Anticipated

direct expenses shall be included and itemized in the Cost Proposal. All costs shall be considered fixed.

E. Other Required Forms and Certification

Proposals must be accompanied by the following documents, which are included in this RFP. Proposals

that are not accompanied by these completed documents may be rejected as nonresponsive.

1. Proposal Form (RFP Exhibit B)

2. Restrictions on Lobbying Certification (RFP Exhibit C)

3. Listing of Subconsultants and DBE Participation (RFP Exhibit D)

9. SCREENING, SELECTION AND AWARD Screening and selection will take place through the process described below. Offer of contract award will be

made to the firm that submits the proposal considered most advantageous to YCTD based on the process and

the Selection Criteria set forth below.

31

YCTD reserves the right to request additional information from proposers, request revised proposals, request

Best and Final Offers, reject any and all proposals, to waive any informality in the proposals, to withdraw this

RFP at any time, to delay or change the date of award or contract commencement and decline to award a

contract.

The screening and selection process will be as follows:

Step 1 YCTD will conduct a preliminary review of Proposals. The preliminary review will be based on

timely submittal of the proposal, each proposal’s responsiveness to the RFP requirements, and a

determination of which services will be the most agreeable to YCTD. Proposals meeting the

specified requirements will be considered responsive.

Step 2 Each proposal will be ranked by score and selection criteria set forth below.

Step 3 The top proposal will be selected, and an offer of award will be made.

Step 4 Agreement for services with selected firm will be considered by the YCTD Board of Directors.

32

10. SELECTION CRITERIA The YCTD evaluation/selection committee will evaluate proposals submitted which are deemed to be

responsive according to the following criteria:

1. Technical Proposal ........................................................................75 points

Technical Proposal Detail:

Understanding of Project/Proposed Approach ................................10 points

Work/Task Plan and Schedule ........................................................20 points

Project Deliverables ........................................................................25 points

Project Team Qualifications/Experience ........................................10 points

Firm Experience ..............................................................................10 points

2. Cost Proposal .................................................................................25 points

10 points (all or none):

- Total proposal project costs do not exceed YCTD project budget of $36,000.

- Cost options for recommended or optional project tasks/activities may be proposed but must be

identified as such and are not to be included in the primary project budget.

5 points (all or none):

- Proposed budget addresses each task in the Scope of Work

Up to 10 points:

- Detailed budget (including direct, indirect, and travel costs) separated by task.

- Provides detail/support regarding costs for proposed tasks.

- Any proposed "value added" or additional project task options clearly distinct from primary scope

of work tasks.

Written Proposal Total .................................................................100 points

11. AGREEMENT FOR PROFESSIONAL SERVICES The firm selected by YCTD to provide the services outlined in this RFP will be required to execute an

Agreement for Professional Services with YCTD. A draft of the general form of this Agreement for

Professional Services is attached hereto as RFP Attachment 2 so that proposers will have an opportunity to

review the terms and conditions that will be included in the final contractual agreement. If a Proposer desires

any additions, deletions or modifications to the form of Agreement, they must be submitted with the proposal.

With the exception of any such additions, deletions, and modifications, the Proposer will, by making a

proposal, be deemed to have accepted the form of Agreement. No requests for modifications will be accepted

unless such requests were submitted with the proposal.

In particular, Proposers are directed to review the indemnification and insurance requirements set forth in

Sections X and XI of the sample Agreement (RFP Attachment 2).

12. DISADVANTAGED BUSINESS ENTERPRISES YCTD, as a recipient of federal financial assistance from the Federal Transit Administration (FTA) is

committed to and has adopted a DBE Program in accordance with federal Regulations 49 CFR Part 26 issued

by the U.S. Department of Transportation (DOT).

It is YCTD’s policy to ensure nondiscrimination in the award and administration of all contracts and to create

a level playing field on which Disadvantaged Business Enterprises (DBE’s) can compete fairly for contracts

and subcontracts relating to YCTD’s construction, procurement and professional services activities. To this

end, YCTD has developed procedures to remove barriers to DBE participation in the proposal and award

process and to assist DBE’s to develop and compete successfully outside of the DBE Program. In connection

33

with the performance of this contract, the Consultant will cooperate with YCTD in meeting these

commitments and objectives.

The Consultant is required to make the following assurance in its agreement with YCTD and to include this

assurance in any agreements it makes with subconsultants in the performance of this contract:

The Consultant (and any subconsultants) shall not discriminate on the basis of race, color, national origin

or sex in the performance of this contract. The Consultant (and any subconsultants) shall carry out

applicable requirements of YCTD’s DBE Program. Failure by the Consultant (and any subconsultants)

to carry out these requirements is a material breach of this contract, which may result in the termination

of this contract or such other remedy, as YCTD deems appropriate.

By submitting a proposal, the Consultant is deemed to have made the foregoing assurance and to be bound by

its terms. YCTD reserves the right to request additional information regarding DBE participation in this

Contract.

A completed and signed Listing of Subconsultants and DBE Participation form must be submitted with

the proposal (RFP Exhibit D). This form includes information about the Proposer and all

subconsultants/suppliers that provided a bid, quote or proposal for this contract.

Any Proposer who would like additional information regarding DBE participation on this contract or YCTD's

DBE Program may contact Jose Perez, Deputy Director of Operations, Planning and Special Projects, at 350

Industrial Way, Woodland, California 95776, jperez@yctd.org, or (530) 402-2826.

13. PROTEST PROCEDURES

YCTD’s Executive Director shall make every effort to award contracts in compliance, with state, Federal and

local regulation. Bidders who feel that a contract has been or may be, awarded improperly shall have the right

to protest the specifications and/or contract award in compliance with applicable local state and Federal

regulations.

13.1 Filing Protest

Protests dealing with restrictive specifications or alleged improprieties in the solicitation must be

filed no later than five (5) working days prior to bid opening or closing date for receipt of

proposals. Any other protest must be filed no later than five (5) working days after award of

contract.

Protests shall be in writing and addressed to the Executive Director.

The protest shall contain a statement describing the reasons for the protest and any supporting

documentation. Additional materials in support of the initial protest will only be considered if

filed within the time limit specified in paragraph 9.1. The protest shall indicate the ruling or relief

desired from YCTD.

13.2 Confidentiality

34

Materials submitted by a protester would not be withheld from any interested party, except to the

extent that the withholding of information is permitted or required by law or regulation. If the

protest contains proprietary material, a statement advising of this fact may be affixed to the front

page of the protest document and the alleged proprietary information must be so identified

wherever it appears.

13.3 Withholding of Award

When a protest is filed before opening of bids or proposals, the bids or proposals will not be opened

prior to resolution of the protest, and when the protest is filed before award, the award will not be

made prior to resolution of the protest, unless YCTD determines that:

a) Items to be procured are urgently needed, or delivery or performance will be unduly delayed

by failure to make award promptly; or

b) Failure to make award will cause undue harm to YCTD.

In the event an award is to be made while a protest is pending, the Federal Transit Administration

shall be notified if Federal funding is involved.

13.4 Processing the Protest

YCTD shall respond to the protestor within five (5) working days of receiving the protest. A

conference on the merits of the protest may be held with the protester. Any additional information

required by YCTD from the protester shall be submitted as expeditiously as possible, but no later

than three (3) days after receipt of such request.

13.5 Notification

YCTD shall notify the protester of its decision no later than protest ten (10) days following receipt

of all relevant information.

13.6 Appeal

If a protester is not satisfied with the decision made by YCTD, and Federal funds are involved, the

protester may file protest with the Federal Transit Administration. Review by FTA will be limited

to:

a) Violation of Federal law or regulations.

b) Violation of YCTD’s protests procedures described herein, or failure by YCTD to review

protest.

Protests must be filed with FTA (with a concurrent copy to YCTD) within five (5) days after

YCTD renders a final decision, or five (5) days after the protester knows, or has reason to know,

that YCTD failed to render a final decision. After five (5) days, YCTD will confirm with FTA

that FTA has not received protest on the contract in question. Said protests should be submitted

to:

35

FTA Region 9 Office

San Francisco Federal Building

90, 7th Street, Suite 15-300

San Francisco, CA 94103

Circular 4220.1F, as amended is available for review at YCTD offices; at the following web

address: https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/third-party-

contracting-guidance

A copy may be obtained from FTA at the address above.

YCTD shall not be responsible for any protests not filed in a timely manner with FTA.

Failure to comply with any of the requirements set forth in YCTD’s written Protest procedures may result

in rejection of the protest.

14. CONFIDENTIALITY OF PROPOSALS The California Public Records Act (California Government Code Sections 6250 et seq.) mandates public

access to government records. Therefore, unless the information is exempt from disclosure by law, the content

of any request for explanation, exception or substitution, response to these specifications, protest or any other

written communication between YCTD and the Proposer shall be available to the public.

If the Proposer believes any communication contains trade secrets or other proprietary information that the

Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the

Proposer shall request that YCTD withhold from disclosure the proprietary information by marking each page

containing such proprietary information as confidential. The Proposer may not designate its entire proposal

or bid as confidential. Additionally, Proposer may not designate its cost proposal or any required bid forms

or certifications as confidential.

If Proposer requests that YCTD withhold from disclosure information identified as confidential, and YCTD

complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting

from the non-disclosure, indemnify and hold harmless YCTD from and against all damages (including but

not limited to attorneys’ fees that may be awarded to the party requesting the Proposer information), and pay

any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a

claim, sue or maintain any legal action against YCTD or its directors, officers, employees or agents in

connection with the withholding from disclosure of Proposer information.

If Proposer does not request that YCTD withhold from disclosure information identified as confidential,

YCTD shall have no obligation to withhold the information from disclosure and may release the information

sought without any liability to YCTD.

15. TENTATIVE SCHEDULE The tentative schedule of significant events relating to this project is provided below. YCTD reserves the

right to modify this schedule and any specific time-of-day deadlines as discussed in the following section.

Event Date

1 Release RFP Friday, June 12, 2020

2 Pre-proposal Conference (Participation NOT

Mandatory)

10:00 A.M. PST, Wednesday, June 24, 2020

36

3 Deadline for submitting questions to YCTD 4:00 P.M. PST, Friday, June 26, 2020

4 Response to written questions received 4:00 P.M. PST, Tuesday, June 30, 2020

5 Proposals due, evaluations begin 4:00 P.M. PST, Monday, July 6, 2020

6 Interviews with Proposers (as necessary) Time(s) TBD, Wednesday, July 8, 2020

7 Firms notified of selection Friday, July 10, 2020

8 Board of Directors Consideration of

Agreement

Monday, July 13, 2020

9 Consultant starts service Tuesday, July 14, 2020

These tentative dates, including service start-up, are subject to change at the sole discretion of YCTD.

16. ANTITRUST CLAIMS The Proposer’s attention is directed to California Government Code Section 4552, which shall be applicable

to the Proposer and its sub-proposers:

In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted,

it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may

have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2

(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),

arising from the purchases of goods, materials, or services by the bidder for sale to the purchasing

body pursuant to the bid. Such assignment shall be made and become effective at the time the

purchasing body tenders final payment to the bidder.

17. NON-COLLUSION CERTIFICATION By submitting a proposal, a Proposer represents and warrants that such proposal is genuine and not a sham or

collusive or made in the interest or on behalf of any person not herein named, and that Proposer has not,

directly or indirectly, induced or solicited any other Proposer to put in a sham bid, or any other person, firm

or corporation to refrain from proposing, and that the Proposer has not in any manner sought by collusion to

secure to the Proposer an advantage over any other Proposer.

18. PENALTY FOR COLLUSION If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has,

in presenting any proposal, colluded with any other parties, then the contract so awarded shall be null and

void; and the Consultant shall be liable to YCTD for all loss or damage which YCTD may suffer thereby; and

the Board of Directors may advertise for a new contract for said labor, supplies, materials, equipment or

services.

19. CONFLICT OF INTEREST Consultant represents and warrants that it presently has no interest and agrees that it will not acquire any

interest which would present a conflict of interest under California Government Code §1090 et seq. or §87100

et seq. during the performance of services under this Agreement. Consultant further covenants that it will

not knowingly employ any person having such an interest in the performance of this Agreement. Violation

of this provision may result in this Agreement being deemed void and unenforceable.

Depending on the nature of the work performed, Consultant may be required to publicly disclose financial

interests under YCTD’s Conflict of Interest Code. Consultant agrees to promptly submit a Statement of

Economic Interest on the form provided by YCTD upon receipt.

37

No member, officer or employee of the YCTD or of any of its member jurisdictions during his/her tenure of

office, or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds

therefrom.

20. LEVINE ACT The Levine Act (Government Code 84308) is part of the Fair Political Practices Act that applies to elected

officials who serve on appointed Boards such as the District. The Levine Act prohibits any YCTD Board

Member from participating in or influencing the decision on awarding a Contract with YCTD to anyone who

has contributed $250.00 or more to the Board Member within the previous twelve months. The Levine Act

also requires a member of the YCTD Board who has received such a contribution to disclose the contribution

on the record of the proceeding. In addition, YCTD Board members are prohibited from soliciting or accepting

a contribution from a party applying for a Contract while the matter of awarding the Contract is pending

before YCTD or for three months following the date a final decision concerning the Contract has been made.

Proposers must disclose on the record any contribution of $250.00 or more that they have made to a YCTD

Board Member within the twelve-month period preceding submission of your Proposal. This duty applies to

your company, any member of your team, any agents for you or other team members and to the major

shareholders of any closed corporation that is part of your team. If you have made a contribution that needs

to be disclosed, you must include this information with your Proposal.

21. ATTACHMENTS AND RFP EXHIBITS

• RFP Exhibit A, Scope of Work

• RFP Exhibit B, Proposal Form

• RFP Exhibit C, Lobbying Restrictions Certification

• RFP Exhibit D, Listing of Subconsultants and DBE Participation

• RFP Exhibit E, Federal and State Clauses and Overlays

• RFP Attachment 1, YCTD Website Screenshots

• RFP Attachment 2, Draft Agreement

38

Agreement 2020-05 Exhibit B – Proposal Excerpt and Budget

39

40

41

42

43

44

45

46

Agreement 2020-05 Exhibit C – Workers’ Compensation

Certificate

WORKERS' COMPENSATION CERTIFICATE

I am aware of the provisions of Section 3700 of the Labor Code that 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 any services required by this Agreement.

The person executing this certificate on behalf of Consultant affirmatively represents that she has the requisite

legal authority to do so on behalf of Consultant, both the person executing this Agreement on behalf of Consultant

and Consultant understand that the District is relying on this representation in entering into this Agreement.

CONSULTANT

By_______________________________

_________________________________

Eric Lambeth, Client Relationship Manager

47

Agreement 2020-05 Exhibit D – Federal and State Clauses and

Overlays

48

49

FEDERAL, STATE, AND LOCAL LAWS.

A) CONSULTANT warrants and covenants that it shall fully and completely comply with all

applicable Federal, State and local laws and ordinances, and all lawful orders, rules and

regulations issued by any YCTD with jurisdiction in all aspects of its performance of this

Agreement.

B) Federal Grant Conditions. This Agreement is subject to a financial assistance contract

between YCTD and the United States of dispute (hereinafter “Federal Government”), acting

through the Department of Transportation (hereinafter “U. S. DOT”), and Federal Transit

Administration (hereinafter “FTA”). Consultant shall at all times comply with all applicable

FTA regulations, policies, procedures and directives including without limitation those listed

directly or by reference in the procedures and directives including without limitation those listed

directly or by reference in the FTA Master Agreement between YCTD and FTA, as amended,

and are incorporated herein by this reference. The CONSULTANT shall comply with these FTA

requirements and as they may be amended or promulgated from time to time during the term of

this Agreement. The CONSULTANT shall not perform any act, fail to perform any act, or

refuse to comply with any California Department of Transportation requests or YCTD directives

which would cause the California Department of Transportation or YCTD to be in violation of

the FTA terms and conditions. The CONSULTANT shall not perform any act, fail to perform

any act, or refuse to comply with any Awarding Agency requests which would cause the

Awarding Agency to be in violation of the FTA terms and conditions.

C) Fly America. (transportation of persons or property by air)

The CONSULTANT agrees to comply with 49 USC 40118 (the "Fly America" Act) in

accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which

provide that recipients and subrecipients of Federal funds and their consultants are required to

use U.S. Flag air carriers for U.S Government-financed international air travel and transportation

of their personal effects or property, to the extent such service is available, unless travel by

foreign air carrier is a matter of necessity, as defined by the Fly America Act. The

CONSULTANT shall submit, if a foreign air carrier was used, an appropriate certification or

memorandum adequately explaining why service by a U.S. flag air carrier was not available or

why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of

compliance with the Fly America requirements. The CONSULTANT agrees to include the

requirements of this section in all subcontracts that may involve international air transportation.

C) Charter Bus Requirements. The CONSULTANT agrees to comply with 49 USC 5323(d) and

49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are

prohibited from providing charter service using federally funded equipment or facilities if there

is at least one private charter operator willing and able to provide the service, except under one

of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions

must be "incidental," i.e., it must not interfere with or detract from the provision of mass

transportation.

E) School Bus Requirements. Pursuant to 69 USC 5323(f) and 49 CFR Part 605, recipients and

subrecipients of FTA assistance may not engage in school bus operations exclusively for the

transportation of students and school personnel in competition with private school bus operators

unless qualified under specified exemptions. When operating exclusive school bus service under

an allowable exemption, recipients and subrecipients may not use federally funded equipment,

vehicles, or facilities.

F) Cargo Preference (use of U. S. flag vessel).

50

The CONSULTANT agrees: (a) to use privately owned United States-Flag

commercial vessels to ship at least 50 percent of the gross tonnage (computed

separately for dry bulk carriers, dry cargo liners, and tankers) involved,

whenever shipping any equipment, material, or commodities pursuant to the

underlying contract to the extent such vessels are available at fair and

reasonable rates for United States-Flag commercial vessels; (b) to furnish within

20 working days following the date of loading for shipments originating within

the United States or within 30 working days following the date of leading for

shipments originating outside the United States, a legible copy of a rated, "on-

board" commercial ocean bill-of-lading in English for each shipment of cargo

described in the preceding paragraph to the Division of National Cargo, Office

of Market Development, Maritime Administration, Washington, DC 20590 and

to YCTD (through the CONSULTANT in the case of a subconsultant's bill-of-

lading.) (c) to include these requirements in all subcontracts issued pursuant to

this Agreement when the subcontract may involve the transport of equipment,

material, or commodities by ocean vessel.

G) Energy Conservation. The CONSULTANT agrees to comply with mandatory standards and policies relating to energy

efficiency which are contained in the state energy conservation plan issued in compliance with

the Energy Policy and Conservation Act.

H) Clean Water. (1) The CONSULTANT agrees to comply with all applicable standards, orders or regulations

issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq.

The CONSULTANT agrees to report each violation to YCTD and understands and agrees that

YCTD will, in turn, report each violation as required to assure notification to FTA and the

appropriate EPA Regional Office. (2) The CONSULTANT also agrees to include these requirements in each subcontract exceeding

$100,000 financed in whole or in part with Federal assistance provided by FTA.

I) Clean Air

(1) The CONSULTANT agrees to comply with all applicable standards, orders or regulations

issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401 et seq. The CONSULTANT

agrees to report each violation to YCTD and understands and agrees that YCTD will, in turn,

report each violation as required to assure notification to FTA and the appropriate EPA Regional

Office.

(2) The CONSULTANT also agrees to include these requirements in each subcontract

exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

J) Recycled Products. The CONSULTANT agrees to comply with all the requirements of Section 6002 of the Resource

Conservation and Recovery Act (RCRA), as amended (42 USC 6962), including but not limited

to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the

procurement of the items designated in Subpart B of 40 CFR Part.

51

K) Lobbying. (1) Consultants who apply or bid for an award of $100,000 or more shall file the certification

required by 49 CFR Part 20, "New Restrictions on 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 USC

1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act

of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to

that Federal contract, grant or award covered by 31 USC 1352. Such disclosures are forwarded

from tier to tier up to YCTD. (2) The CONSULTANT also agrees to include these requirements in each subcontract exceeding

$100,000 financed in whole or in part with Federal assistance provided by FTA.

L) Access to Records and Reports (1) Where YCTD is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance

with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49

USC 5302(a)(1) through other than competitive bidding, the CONSULTANT shall make

available records related to the contract to YCTD, the Secretary of Transportation and the

Comptroller General or any authorized officer or employee of any of them for the purposes of

conducting an audit and inspection.

(2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any

means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) The CONSULTANT agrees to maintain all books, records, accounts and reports required

under this Agreement for a period of not less than three years after the date of termination or

expiration of this Agreement, except in the event of litigation or settlement of claims arising

from the performance of this Agreement, in which case Consultant agrees to maintain same until

YCTD, the FTA Administrator, the Comptroller General, or any of their duly authorized

representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.

Reference 49 CFR 18.39(i)(11).

(4) The Awarding Agency, the California Department of Transportation, the State Auditor

General, and any duly authorized representative of the Federal government shall have access to

any books, records, and documents of the CONSULTANT and its subconsultants that are

pertinent to this Contract of audits, examinations, excerpts, and transactions, and copies thereof

shall be furnished if requested. The CONSULTANT shall include a clause to this effect in every

subagreement entered into relative to the PROJECT.

(5) Record Keeping

The CONSULTANT and all subconsultants shall maintain all books, documents, papers,

accounting records, and other evidence pertaining to the performance of this Contract. All parties

shall make such materials available at their respective offices at all reasonable times during the

performance and for three (3) years from the date of final payment under this Contract and all

subagreements.

(6) Accounting Records

The CONSULTANT shall establish and maintain separate accounting records and reporting

procedures specified for the fiscal activities of the PROJECT. The CONSULTANT’S accounting

system shall conform to

generally accepted accounting principles (GAAP) and uniform standards that may be established

by California Department of Transportation. All records shall provide a breakdown of total costs

charged to the PROJECT including properly executed payrolls, time records, invoices, and

vouchers.

52

M) Federal Changes Consultant shall at all times comply with all applicable FTA regulations, policies, procedures

and directives, including without limitation those listed directly or by reference in the Master

Agreement between YCTD and FTA, as they may be amended or promulgated from time to time

during the term of this Agreement. Consultant's failure to so comply shall constitute a material

breach of this Agreement.

N) No Obligation to Third-Parties by use of a Disclaimer A. No Federal Government Obligation to Third Parties. The CONSULTANT agrees that, absent

of the Federal Government’s express written consent, the Federal Government shall not be

subject to any obligations or liabilities to any consultant, any third-party consultant, or any other

person not a party to the Grant Agreement in connection with the performance of the PROJECT.

Notwithstanding any concurrence provided by the Federal Government in or approval of any

solicitation, or third-party agreement, the Federal Government continues to have no obligation or

liabilities to any party, including the CONSULTANT or third-party consultant.

B. Third-Party Contracts and Subagreements Affected. To the extent applicable, federal

requirements extend to third-party consultants and their contracts at every tier, and to the

subagreements of third party consultants and the subagreements at every tier. Accordingly, the

CONSULTANT agrees to include, and to require its third-party consultants to include

appropriate clauses in each third-party contract and each subagreement financed in whole or in

part with financial assistance provided by the FTA.

C. No Relationship between the California Department of Transportation and Third-Party

Consultants. Nothing contained in this Contract or otherwise, shall create any contractual

relationship, obligation or liability between the California Department of Transportation and any

third-party consultants, and no third-party contract shall relieve the CONSULTANT of his

responsibilities and obligations hereunder. The CONSULTANT agrees to be fully responsible to

the Awarding Agency for the acts and omissions of its third-party consultants 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

third-party consultants is an independent obligation from the Awarding Agency’s obligation to

make payments to the CONSULTANT. As a result, the California Department of Transportation

shall have no obligation to pay or to enforce the payment of any moneys to any third-party

consultant.

D. Obligations on Behalf of the California Department of Transportation. The CONSULTANT

shall have no authority to contract for or on behalf of, or incur obligations on behalf of the

California Department of Transportation.

E. Awarding Agency Approval of Subagreements. The Awarding Agency shall approve in

writing all proposed Subagreements, Memorandums of Understanding (MOU), or similar

documents relating to the performance of the Contract prior to implementation. The

CONSULTANT agrees that it will not enter into any Subagreements unless the same are

approved in writing by the Awarding Agency. Any proposed amendments or modifications to

such Subagreements must be approved by the Awarding Agency prior to implementation.

O) Program Fraud and False or Fraudulent Statements or Related. (1) The CONSULTANT acknowledges that the provisions of the Program Fraud Civil

Remedies Act of 1986, as amended, 31 USC §§ 3801 et seq and U.S. DOT regulations,

"Program Fraud Civil Remedies," 49 CFR Part 31 apply to its actions pertaining to this

Project. Upon execution of the underlying contract, the CONSULTANT certifies or affirms

the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes

53

to be made, pertaining to the underlying contract or the FTA assisted project for which this

Agreement work is being performed. In addition to other penalties that may be applicable,

the CONSULTANT further acknowledges that if it makes, or causes to be made, a false,

fictitious, or fraudulent claim, statement, submission, or certification, the Federal

Government reserves the right to impose the penalties of the Program Fraud Civil Remedies

Act of 1986 on the CONSULTANT to the extent the Federal Government deems appropriate.

(2) The CONSULTANT also acknowledges that if it makes, or causes to be made, a false,

fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government

under a contract connected with a project that is financed in whole or in part with Federal

assistance originally awarded by FTA under the authority of 49 USC § 5307, the Government

reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the

CONSULTANT, to the extent the Federal Government deems appropriate.

(3) The CONSULTANT agrees to include the above two clauses in each subcontract financed in

whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses

shall not be modified, except to identify the subconsultant who will be subject to the provisions.

P) Government-Wide Debarment and Suspension.

This Agreement is a covered transaction for purposes of 49 CFR Part 29. As such, the

CONSULTANT is required to verify that none of the CONSULTANT, its principals, as defined

at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as

defined at 49 CFR 29.940 and 29.945.

The CONSULTANT is required to comply with 49 CFR 29, Subpart C and must include the

requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters

into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The

certification in this clause is a material representation of fact relied upon by YCTD. If it is later

determined that the bidder or proposer knowingly rendered an erroneous certification, in addition

to remedies available to YCTD, the Federal Government may pursue available remedies,

including but not limited to suspension and/or debarment. The bidder or proposer agrees to

comply with the requirements of 49 CFR 29, 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.

Q) Privacy Act. The following requirements apply to the CONSULTANT and its employees that administer any

system of records on behalf of the Federal Government under any contract:

(1) The CONSULTANT agrees to comply with, and assures the compliance of its employees

with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5

USC § 552a. Among other things, the CONSULTANT agrees to obtain the express consent of

the Federal Government before the CONSULTANT or its employees operate a system of records

on behalf of the Federal Government. The CONSULTANT understands that the requirements of

the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those

individuals involved, and that failure to comply with the terms of the Privacy Act may result in

termination of the underlying contract.

54

(2) The CONSULTANT also agrees to include these requirements in each subcontract to

administer any system of records on behalf of the Federal Government financed in whole or in

part with Federal assistance provided by FTA.

R) Civil Rights. The following requirements apply to the underlying Agreement:

(1) Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42

USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102,

section 202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit

law at 49 USC § 5332, the CONSULTANT agrees that it will not discriminate against any

employee or applicant for employment because of race, color, creed, national origin, sex, age, or

disability. In addition, the CONSULTANT agrees to comply with applicable Federal

implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity: The following equal employment opportunity

requirements apply to the underlying contract. (a) Race, Color, Creed, National Origin, Sex:

In accordance with Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, and Federal

transit laws at 49 USC § 5332, the CONSULTANT agrees to comply with all applicable equal

employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,

"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department

of Labor," 41 CFR Parts 60 et seq (which implement Executive Order No. 11246, "Equal

Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive

Order 11246 Relating to Equal Employment Opportunity," 42 USC § 2000e note), and with any

applicable Federal statutes, executive orders, regulations, and Federal policies that may in the

future affect construction activities undertaken in the course of the Project. The CONSULTANT

agrees to take affirmative action to ensure that applicants are employed, and that employees are

treated during employment, without regard to their race, color, creed, national origin, sex, or age.

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. In addition, the

CONSULTANT agrees to comply with any implementing requirements FTA may issue. (b)

Age: In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as

amended, 29 USC § 623 and Federal transit law at 49 USC § 5332, the CONSULTANT agrees

to refrain from discrimination against present and prospective employees for reason of age. In

addition, the CONSULTANT agrees to comply with any implementing requirements FTA may

issue. (c) Disabilities: In accordance with section 102 of the Americans with Disabilities Act, as

amended, 42 USC § 12112, the CONSULTANT agrees that it will comply with the requirements

of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal

Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining

to employment of persons with disabilities. In addition, the CONSULTANT agrees to comply

with any implementing requirements FTA may issue.

(3) The CONSULTANT also agrees to include these requirements in each subcontract financed

in whole or in part with Federal assistance provided by FTA, modified only if necessary to

identify the affected parties.

S) Transit Employee Protective Agreements. (1) The CONSULTANT agrees to comply with applicable transit employee protective requirements as

follows:

(a) General Transit Employee Protective Requirements: To the extent that FTA determines that transit

operations are involved, the CONSULTANT agrees to carry out the transit operations work on the

underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor

to be fair and equitable to protect the interests of employees employed under this Agreement and to meet

55

the employee protective requirements of 49 USC A 5333(b), and U.S. DOL guidelines at 29 CFR Part

215, and any amendments thereto. These terms and conditions are identified in the letter of certification

from the U.S. DOL to FTA applicable to YCTD’s project from which Federal assistance is provided to

support work on the underlying contract. The CONSULTANT agrees to carry out that work in

compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1),

however, do not apply to any contract financed with Federal assistance provided by FTA either for

projects for elderly individuals and individuals with disabilities authorized by 49 USC § 5310(a)(2), or for

projects for nonurbanized areas authorized by 49 USC § 5311. Alternate provisions for those projects are

set forth in subsections (b) and (c) of this clause.

(b) Transit Employee Protective Requirements for Projects Authorized by 49 USC: § 5310(a)(2) for

Elderly Individuals and Individuals with Disabilities: If the contract involves transit operations financed

in whole or in part with Federal assistance authorized by 49 USC § 5310(a)(2), and if the U.S. Secretary

of Transportation has determined or determines in the future that the employee protective requirements of

49 USC § 5333(b) are necessary or appropriate for the state and YCTD for which work is performed on

the underlying contract, the CONSULTANT agrees to carry out the Project in compliance with the terms

and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 USC § 5333(b),

U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto. These terms and conditions are

identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement

or Cooperative Agreement with the state. The CONSULTANT agrees to perform transit operations in

connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter.

(c) Transit Employee Protective Requirements for Projects Authorized by 49 USC: § 5311 in

Nonurbanized Areas: If the contract involves transit operations financed in whole or in part with Federal

assistance authorized by 49 USC § 5311, the CONSULTANT agrees to comply with the terms and

conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries

of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any

revision thereto.

(2) The CONSULTANT also agrees to include the any applicable requirements in each subcontract

involving transit operations financed in whole or in part with Federal assistance provided by FTA.

T) Disadvantaged Business Enterprise (DBE)

(1) Policy: It is YCTD’s policy and objective to promote and maintain a level playing field for

DBE’s in YCTD and Federal-aid contracts. It is YCTD’s policy to ensure nondiscrimination in

the award and administration of U.S. DOT assisted contracts based on the requirements of 49

CFR Parts 21 and 26.

(2) DBE Obligation: The CONSULTANT agrees to ensure that disadvantaged business

enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the

performance of contracts and subcontracts financed in whole or in part with Federal funds

provided under this Agreement. In this regard all consultants shall take all necessary and

reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business

enterprises have the maximum opportunity to compete for and perform contracts. Consultant

shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the award

of and performance of DOT assisted contracts.

U) State and Local Law Disclaimer Consultant shall keep itself informed of, comply with, and shall cause all of its agents,

employees, suppliers and subconsultants of any tier to observe and comply with all applicable

State and local laws, regulations, and policies, including, but not limited to, all applicable terms

and conditions prescribed for third party contracts by the U. S. Department of Transportation

(DOT) and the Federal Transit Administration (FTA). It is the CONSULTANT’s responsibility

to know and to comply with all state laws and regulations and local ordinances relating to public

works projects which in any manner affect those engaged or employed in the work, or the

materials used in the work, or which in any way affect the conduct of the work. If Consultant

discovers any discrepancy or inconsistency between the plans, drawings, specifications, or

56

contract for the work and any law, ordinance, regulation, order or decree; the CONSULTANT

shall immediately provide written notice to YCTD’s Executive Director, or his/her designee,.

V) Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by

DOT, whether or not expressly set forth in the preceding contract provisions. All contractual

provisions required by DOT, as set forth in FTA Circular 4220.1F, as amended, are hereby

incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated

terms shall be deemed to control in the event of a conflict with other provisions contained in this

Agreement. The CONSULTANT shall not perform any act, fail to perform any act, or refuse to

comply with any YCTD requests, which would cause YCTD to be in violation of the FTA terms

and conditions.

W) Drug-Free Workplace and Drug and Alcohol Testing

The CONSULTANT certifies by signing a Contract with the Awarding Agency that it will

provide a drug-free workplace, and shall establish policy prohibiting activities involving

controlled substances in compliance with Government Code Section 8355, et seq. The

CONSULTANT is required to include the language of this paragraph in award documents for all

sub-awards at all tiers (including subagreements, sub-grants, and contracts under grants, loans,

and cooperative agreements) and that all awarding agencies shall disclose accordingly. To the

extent the CONSULTANT, any third-party consultant at any tier, any awarding agency at any

tier, or their employees, perform a safety sensitive function under the PROJECT, the

CONSULTANT agrees to comply with, and assure the compliance of each affected third-party

consultant at any tier, each affected awarding agency at any tier, and their employees with 49

U.S.C. Section 5331, and the FTA regulations, “Prevention of Alcohol Misuse and Prohibited

Drug use in Transit Operations,” 49 CFR Part 655.

The CONSULTANT agrees to establish and implement a drug and alcohol testing program that

complies with 49 CFR Part 655, produce any documentation necessary to establish its

compliance with Part 655, and permit any authorized representative of the United States

Department of Transportation or its operating administrations, the California Department of

Transportation, or the Awarding Agency to inspect the facilities and records associated with the

implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and

review the testing process. The CONSULTANT agrees further to certify annually its compliance

with Part 655 before February 15th of each year and to submit the Management Information

System (MIS) reports before February 15th to YCTD’s Executive Assistant, 350 Industrial Way,

Woodland, CA. To certify compliance the CONSULTANT shall use the "Substance Abuse

Certifications" in the "Annual List of Certifications and Assurances for Federal Transit

Administration Grants and Cooperative Agreements," which is published annually in the Federal

Register.

X) Equal Employment Opportunity/Basic Requirements.

In connection with the execution of this Agreement, the CONSULTANT shall not discriminate

against any employee or applicant for employment because of race, religion, color, sex, age, or

national origin. The CONSULTANT shall take affirmative action to ensure that applicants are

employed, and that employees are treated during employment without regard to their race, color,

religion, sex, age, 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. Consultant further agrees to insert a similar provision in all

subcontracts, except subcontracts for standard commercial supplies or raw materials.

Y) CONTRACT WORK HOURS AND SAFETY STANDARDS.

57

(1) Overtime Requirements. No consultant or subconsultant 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 (1) of this section the consultant and any subconsultant

responsible therefore shall be liable for the unpaid wages. In addition, such consultant and

subconsultant shall be liable to the United States 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 (1) 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 (1) of this section.

(3) Withholding for Unpaid Wages and Liquidated Damages. YCTD 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 consultant

or subconsultant under any such contract or any other Federal contract with the same prime

consultant, or any other federally-assisted contract subject to the Contract Work Hours and

Safety Standards Act, which is held by the same prime consultant, such sums as may be

determined to be necessary to satisfy any liabilities of such consultant or subconsultant for

unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2) of this

section.

(4) Nonconstruction Grants. The CONSULTANT or subconsultant shall maintain payrolls and

basic payroll records during the course of the work and shall preserve them for a period of three

years from the completion of the contract for all laborers and mechanics, including guards and

watchmen, working on the contract. Such records shall contain the name and address of each

such employee, social security number, correct classifications, hourly rates of wages paid, daily

and weekly number of hours worked, deductions made, and actual wages paid. Further, YCTD

shall require the contracting officer to insert in any such contract a clause providing that the

records to be maintained under this paragraph shall be made available by the CONSULTANT or

subconsultant for inspection, copying, or transcription by authorized representatives of DOT and

the Department of Labor, and the CONSULTANT or subconsultant will permit representatives

to interview employees during working hours on the job.

(5) Subcontracts. The CONSULTANT or subconsultant shall insert in any subcontracts the

clauses set forth in subparagraph (1) through (5) of this section and also a clause requiring

subconsultants to include these clauses in any lower tier subcontracts. The prime consultant

shall be responsible for compliance by any subconsultant or lower tier subconsultant with the

clauses set forth in subparagraph (1) through (5) of this section.

Z) Conflict of Interest.

No employee, officer, or agent of YCTD shall participate in selection, or in the award or

administration of a contract if a conflict of interest, real or apparent, would be involved. Such a

conflict would arise when the employee, officer or agent, any member of his immediate family,

an organization which employs, or is about to employ, has a financial or other interest in the firm

selected for award.

YCTD's officers, employees, or agents shall neither solicit nor accept gratuities, favors or

anything of monetary value from consultants, potential consultants, or parties of subagreements.

AA) Interest of Members of, or Delegates to, Congress.

58

In accordance with U.S.C. Section 431, no member of, or delegates to, the Congress of the

United States shall be admitted to a share or part of this Agreement or to any benefit arising

therefrom.

BB) It shall be a condition of this CONTRACT, and shall be made a condition of each subcontract

entered into pursuant to this Agreement, that the CONSULTANT and any subconsultant shall

not require any laborer or mechanic employed in connection with the performance of the

CONTRACT to work under working conditions which are unsanitary, hazardous or dangerous to

his health or safety, as determined under the California Occupational Safety and Health Act of

1973 (Chapter 993, Statute of 1973).

CC) Consultant shall comply with the requirements of the California Fair Employment and Housing

Act.

DD) CONSULTANT shall hold YCTD, the U.S. Department of Transportation and the State of

California harmless from any claims or charges by reason of CONSULTANT's or any

subconsultant's failure to comply with the above Acts or any regulations adopted pursuant

thereto and shall reimburse YCTD for any fines, damages or expenses of any kind incurred by it

by reason of said failure.

EE) Other Non-Discrimination.

i. Non-Discrimination in Service. CONSULTANT shall not discriminate, nor allow any of

its officers, employees, or agents to discriminate against any passenger or patron because of race,

color, sex, age, or national origin or ancestry.

ii. Notice of Discrimination Complaint. CONSULTANT shall notify YCTD of any

discrimination complaints.

iii. CONSULTANT shall, at its sole cost and expense, conform to any final orders issued by

any State or Federal agency with jurisdiction to correct CONSULTANT's discrimination in

employment and/or ridership and shall fully save harmless and indemnify YCTD in this regard.

FF) Buy America

The CONSULTANT shall comply with the Buy-America requirements of 49 U.S.C. 5323(j) and

49 CFR Part 661 for all procurements of steel, iron, and manufactured products used in

PROJECT. Buy-America requirements apply to all purchases, including materials and supplies

funded as operating costs, if the purchase exceeds the threshold for small purchases (currently

$100,000.00). Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(c) and

49 CFR 661.11. Rolling stock must be assembled in the United States and have a 60 percent

domestic content.

GG) Vehicle Operator Licensing

The CONSULTANT is required to comply with all applicable requirements of the Federal Motor Carrier

Safety Administration regulations and the California Vehicle Code including, but not limited to,

the requirement that all vehicle operators have a valid State of California driver’s license,

including any special operator license that may be necessary for the type of vehicle operated.

HH) Prompt Payment and Return of Retainage

A. All payments, including payments by the CONSULTANT to any third-party, shall be made in

accordance with, and in the time specified in, California Government Code, Chapter 4.5,

commencing with Section 927.

B. The CONSULTANT shall not withhold retention from any subconsultant, nor shall the

Awarding Agency withhold retention from CONSULTANT.

59

C. The CONSULTANT must pay subconsultants within 7 days of receipt of each progress

payment under Public Contract Code sections 10262 and 10262.5 or Business and Professions

Code sections 7108.5, as applicable.

II) Intelligent Transportation Systems (ITS) National Architecture

To the extent applicable, the CONSULTANT agrees to conform to the National Intelligent

Transportation System (ITS) Architecture and Standards as required by 23 U.S.C. Section 517(d), 23

U.S.C. Section 512 note, and 23 CFR Part 655 and 940, and follow the provisions of the FTA

Notice, “FTA National ITS Architecture Policy on Transit projects,” 66 Fed. Reg. 1455 et seq.,

January 8, 2001, and any other implementing directives the FTA may issue at a later date, except to

the extent the FTA determines otherwise in writing.

JJ) Section 504 and Americans with Disabilities Act Program Requirements

The CONSULTANT will comply with 49 CFR Parts 27, 37, and 38, implementing and Americans

with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, as

amended.

60

61

BOARD COMMUNICATIONS: YOLO COUNTY TRANSPORTATION DISTRICT 350 Industrial Way, Woodland, CA 95776----(530) 661-0816

Topic: Consider Recommendations Relative to

Composition and Charge of Citizens

Advisory Committee

Agenda Item#:

Agenda Type:

6 Info/Discussion

Attachments: Yes No

Prepared By: Jose Perez,

Kristen Mazur

Approved By: Meeting Date: September 14, 2020

RECOMMENDATION:

It is recommended that the Yolo County Transportation District Board of Directors:

1. Receive and provide comment and feedback on the Citizens’ Advisory Committee (CAC) and

Membership peer review; and

2. Work with staff to quickly fill all currently (and any future) vacant CAC positions; and

3. Direct staff to develop a strategy to help ensure continued meaningful engagement with the public and

stakeholders.

REASON FOR RECOMMENDATION:

After discussing the attached peer review with the existing CAC on August 31, 2020, and as YCTD’s Citizens’

Advisory Committee (CAC) size is already as robust as its peers that solely provide bus service—and in some

cases more so—YCTD staff recommends maintaining the existing CAC membership size and structure. However,

staff agrees with the CAC members’ desire to encourage robust, meaningful community input on Yolobus and

other District services.

BACKGROUND:

Per the YCTD CAC Bylaws, the purpose of the CAC is to advise YCTD’s Executive Director and the YCTD

Board of Directors on fixed route transit and paratransit services and facilities affecting the District, including

principles for route, schedule, and fare changes, and such other policy and service related matters which the

YCTD Chair, YCTD Board, or Executive Director deem appropriate for CAC consideration.

CAC membership is currently comprised of five persons residing within the geographical boundaries of YCTD

as follows: One person from each of the four cities of Woodland, Davis, West Sacramento, and Winters, plus

one person from the unincorporated area of Yolo County. The CAC members are appointed by the YCTD

Board. Per the Bylaws, all CAC meetings shall be open to the public and interested persons or groups shall be

invited to address the Committee.

During the February 10, 2020 meeting of the YCTD Board, staff was directed to consider expanding the CAC

and proposing appropriate updates to the YCTD and CAC Bylaws. During the March 2, 2020 CAC meeting, the

suggested recommendation was presented to the CAC and it was requested that staff conduct a peer assessment

prior to considering modifications to the Bylaws.

COVID-19 impacts delayed progress on the peer review. Staff has subsequently completed a review of

advisory councils to YCTD peers (based on peers identified by the COA consultant team, Dan Boyle &

Associates).

The peer agencies reviewed are the same agencies that were identified as YCTD peers during the

Comprehensive Operational Analysis and were selected for this review for consistency and because they are

62

small- to medium-sized bus operators in close proximity to a larger city or urbanized area. Peer agencies

reviewed include:

• Sonoma County Transit (regional bus operator in Sonoma County)

• Gold Coast Transit (local bus operator in western Ventura County)

• VCTC Transit (regional bus operator in Ventura County)

• Victor Valley Transit Authority (regional bus operator in the high desert communities of San Bernardino

County)

• Kern Transit (regional bus operator in Kern County)

• Morongo Basin Transit Authority (regional bus operator in the Morango Basin communities of eastern

San Bernardino County)

Detailed peer review findings for each agency are shown in Attachment 1, and a summary of the findings is as

follows:

• The peer agencies that serve solely as a bus operator and do not serve any other functions (Gold

Coast Transit District, Victor Valley Transit, Morongo Basin Transit Authority) typically have just a

Technical Advisory Committee (TAC) but no Citizen’s Advisory Committee (CAC), and in one case

have neither. YCTD falls into this category and is unique in that it has both a CAC and a TAC.

• The peer transit operators that are a division within their County Public Works Departments

(Sonoma County Transit, Kern Transit) do not have their own CACs or TACs. However, Sonoma

County Transit staff does participate as a member of a large countywide transit advisory committee that

is run by the county transportation planning agency. That advisory committee includes both citizens and

agency/nonprofit members.

• The one peer transit operator that is a division within the Countywide Regional Transportation

Planning Agency (VCTC Transit) does have a CAC, but the CAC covers a broader range of

transportation topics that fall within the purview of the Regional Transportation Planning Agency

(RTPA), including highway, bicycle, pedestrian topics as well as transit topics.

YCTD staff presented the attached peer committee review with the current CAC on Monday, August 31,

2020. The CAC thanked staff and was supportive of the recommendation to maintain the current CAC member

levels and to enhance notice and participation to/from the public. A member of the public suggested YCTD

improve the distribution of notices of CAC meetings to the public, as well as to better inform them of how they

can benefit from being involved in the meetings. No CAC policy changes are required in order to implement

these suggestions, and staff has begun measures to implement them with the goal of improving public

participation during CAC meetings. The CAC unanimously voted to approve the same recommendations

presented to the YCTD Board for consideration.

BUDGET IMPACT:

None.

63

Attachment 1: Citizen’s Advisory Committee Peer Review

Agency Agency Structure Has a CAC? (Y/N)

No. of CAC

Members

Name & Composition Source (footnote

#) Yolo County Transportation District (YCTD)

Special District Y 5 Citizen’s Advisory Committee (CAC)

• 1 citizen representative from each of 4 cities

• 1 citizen representative from unincorporated county

1

Sonoma County Transit (SCT)

Division under County Public Works Dept.

N -- There is no CAC or TAC that serves just SCT. See below for info on the countywide transit/paratransit advisory committee.

--

Sonoma County Transportation Authority (SCTA)

Countywide transportation planning and fund programming agency (not a transit operator)

Y 17 Countywide Transit Paratransit Advisory Committee

• 3 citizen representatives

• 6 nonprofit/social services agency representatives

• 8 transit/paratransit provider representatives (including SCT)

2

Gold Coast Transit District (GCTD)

Special District N -- Gold Coast Transit has a Technical Advisory Committee (TAC) but does not have a CAC

3

64

Agency Agency Structure Has a CAC? (Y/N)

No. of CAC

Members

Name & Composition Source (footnote

#)

Ventura County Transportation Commission (VCTC) Transit

VCTC Transit is a division within the larger countywide Regional Transportation Planning Agency (RTPA)

Y 12+ Ventura County Citizens Transportation Advisory Committee (CTAC)/Social Services Transportation Advisory Committee (SSTAC)

The CTAC/SSTAC is composed of representatives appointed by the VCTC, the County of Ventura, the ten cities in Ventura County, and from social services agencies involved in transportation services and projects.

4

Victor Valley Transit Authority (VVTA)

Special District N -- VVTA has a Technical Advisory Committee (TAC) but does not have a CAC

5

Kern Transit Division under County Public Works Dept.

N -- Kern Transit does not have a CAC or TAC

6

Morongo Basin Transit Authority (MBTA)

Special District N -- MBTA does not have a CAC or TAC 7

Sources/footnote: 1. https://scta.ca.gov/about-scta/advisory-committees/ 2. https://scta.ca.gov/about-scta/advisory-committees/ [click on TPCC] 3. http://www.goldcoasttransit.org/about-gct/boardcommittee-info 4. https://www.goventura.org/current-meetings/ [click on CTAC/SSTAC] 5. https://backup.vvta.org/directors/ 6. https://kernpublicworks.com/transportation/; https://kernpublicworks.com/committees/ 7. https://mbtabus.com/board-meetings/

65

BOARD COMMUNICATIONS: YOLO COUNTY TRANSPORTATION DISTRICT 350 Industrial Way, Woodland, CA 95776----(530) 661-0816

Topic: Update on Possible Service Changes

as Part of COVID-19 Service

Recovery and Comprehensive

Operational Analysis

Agenda Item#:

Agenda Type:

7 Deliberation/*Action

Attachments: Yes No

Prepared By: Terry Bassett

and Jose Perez

Approved By: Meeting Date: September 14, 2020

RECOMMENDATION: It is recommended that the YCTD Board of Directors receive and provide feedback on the following updates and

planned next steps:

1. Summary of recent presentations to YCTD voting jurisdictions, others

2. Recent inquiry from Cache Creek Casino Resort; and

3. Survey of existing/past riders; and

4. Next steps for service recovery and COA.

REASON FOR RECOMMENDATION:

YCTD staff has been actively working with member jurisdictions, stakeholders, the COA consulting team,

and current and past riders to mitigate not only immediate COVID-19 related impacts, but to plan and develop

near and long term strategies for the continued success of the District. Recent meetings and discussions on important

projects have been conducted in recent weeks and staff seeks Board insight, feedbacks, and direction as appropriate to

ensure District goals and objectives are met efficiently and effectively.

BACKGROUND:

1. Summary of Recent Presentations to YCTD Voting Jurisdictions, Others

Over the last two months, YCTD senior staff have had on-line meetings with all five of YCTD’s voting

jurisdictions, including the Cities of Davis, West Sacramento, Winters and Woodland, and the County of Yolo.

Additionally, on-line meetings were held with YCTD’s Technical Advisory Committee and Citizens Advisory

Committee, and with representatives from Cache Creek Casino Resort, Unitrans, UCD and Davis Community

Transit. The purpose of those meetings was to discuss service changes being considered in response to changing

COVID-19 conditions, as well as the status of the ongoing comprehensive operational analysis. The following

lists the meeting attendees:

YCTD Voting Jurisdictions Participating in Meetings:

July 24 & August 28, 2020:

Woodland: Ken Hiatt (City Manager) and Brent Meyer (City Civil Engineer)

August 24, 2020:

Winters: Jesse Loren and Harold Anderson (City representatives on YCTD Board), Shelly Gunby

(Interim City Manager)

August 25, 2020:

County of Yolo: Taro Echiburu (Director of Dept of Community Services), Darlene Comingore

(Interim Director of Public Works Division)

66

August 26, 2020:

Davis: Lucas Frerichs and Gloria Partida (City representatives on YCTD Board), Mike Webb (City

Manager), Bob Clarke (Public Works Director), and Brian Abbanat (Senior Transportation Planner)

August 27, 2020:

West Sacramento: Aaron Laurel (City Manager), Jason McCoy (Supervising Transportation

Planner), Sarah Strand (Senior Transportation Planner)

Advisory Committees Participating in Meetings:

August 31, 2020:

Both the YCTD Technical Advisory Committee and Citizens Advisory Committee

Other Agencies, Interested Parties Participating in Meetings:

August 21, 2020:

Cache Creek Casino Resort: Kari Smith (GM/CEO) and Ron Vargas (Vice President, Human

Resources)

September 9, 2020:

UCD: Ramon Zavala (Transportation Demand Manager, Transportation Services)

Unitrans: Jeff Flynn (GM)

Davis Community Transit: Linda Alemania (Paratransit Supervisor)

The following section outlines systemwide principles that staff believe should be part of service planning, as

well as summary of key areas covered in the joint meetings with the five YCTD voting jurisdictions:

Systemwide Principles That Feed Into Service Planning:

1) Emphasize “Districtwide” planning, budgeting, and operational mindset

a) Support for regional and multi-jurisdictional projects and services

b) Support acting on best interests of the District and communities, balancing those challenges with

local priorities where appropriate

2) Reassess demand, needs

a) Determine service levels based on District vision statement, values, priorities and the COA

b) Determine what services should change, based on COA, pre-COVID-19, COVID-19, and

eventual post-COVID-19 conditions

3) Maintain a balanced District budget

a) Develop and agree to a “permanent” funding strategy for all member jurisdictions which

supports the District moving forward

b) Service cuts or increases for one jurisdiction should not shift costs to the other jurisdictions

arbitrarily

c) Develop a 3-Year budget

d) Use CARES Act funding responsibly, stretching its use to FY 21/22, where possible

e) Consider capital procurements and funding

i) Fixed route, paratransit, microtransit rolling stock

(1) Replacement versus expansion

(2) Vehicle size, capacity

(3) Climate change & regulatory mandates

(4) Other mobility options

ii) Other capital procurements

4) Routes 42A, 42B:

a) Streamline in Davis and downtown Sacramento

b) Run every 30 minutes during peak hours

c) Move layovers from downtown Sac to other cities

67

d) Develop routes and schedules so they continue in consistent travel directions

5) Route 138 (UCD/UCD Medical Center)

a) Monitor & change as appropriate

b) Service level depends on funding from partners

6) Meet Pandemic mandates

a) Continue services while addressing social distancing and mandates on capacity

b) Undertake other activities to maximize passenger and employee safety

7) Continue complementary paratransit services

a) Determine if service area beyond ADA (for medical trips) should be reassessed

8) Develop & implement an aggressive, comprehensive marketing program

a) Recommend continuation of Youth Ride Free Program

b) Program needs to reflect fluid changes in services due to COVID-19

County: 1) Review Knights Landing Microtransit

a) Should it stay as-is?

b) Should it be converted to fixed route deviated service?

c) Should it continue to run 6 days/week?

2) Consider similar options as Winters service (see Winters)

3) Review Dunnigan service

a) Should it be reinstated as is?

b) Do unmet transit needs remain?

c) Should something else (e.g. community van, TNC assistance) be proposed?

4) Review Cache Creek Casino Resort service

a) Assess MOU transit obligations between County and Tribe for existing service

b) Assess MOU transit obligations for pending casino resort expansion

c) Assess casino resort’s inquiry about reducing services

i) Determine financial impacts on County, other YCTD jurisdictions

ii) Consider a process for addressing this inquiry

Davis: 1) Streamline express routes in Sacramento (consistent alignment with other routes)

2) Eliminate route 232 (2 trips)

3) Reinstate route 43R trips and one route 43 trip. Set route 43 at 6 trips (60% of original levels)

4) Reinstate route 44 at 4 trips (67% of original levels)

5) Keep route 230 at 4 trips (67% of original levels)

6) See route 42A/B under systemwide

7) See paratransit systemwide

West Sacramento: 1) Eliminate Route 35 (assumes some level of Microtransit will replace it)

2) Shorten Route 39 (weekday) routing in Southport, run 3 morning & 3 afternoon commute hour

trips with 1 bus, replacing 4 morning & 4 afternoon commute hour trips with 2 buses. Possibly

streamline route in downtown Sacramento.

3) Reinstate some trips on routes 40, 41, 240, 241

4) Limit the number of route 240 trips that serve Stillwater area

5) Reassess West Sacramento bus routes and schedules into and out of Downtown Sacramento

a) Consider implementing dedicated “Downtown Shuttle”

68

b) Consider presenting Yolobus alternatives to streetcars to the City of West Sacramento

6) See route 42A/B under systemwide

Winters: 1) Assess pre-COVID-19 fixed route service vs. COVID-19 microtransit service

2) Consider possible hybrid service

a) Deviated fixed route service to/from UCD and

b) Midday and Saturday microtransit

Woodland: 1) Streamline express routes in Sacramento (consistent alignment with other routes)

2) Eliminate routes 45x, 46, 242, 243

a) Continue to coordinate with Davis/UCD regarding changes in commute travel/TDM goals

3) Reinstate some trips on routes 45, 211, 212

4) Convert routes 210, 214 to microtransit, include Beamer/102 shelter in service area

a) Reassess demand in Spring Lake area

5) Review transit center study and determine next steps

6) See route 42A/B under systemwide

7) Review if Section 5307 funds can be used to pay for bus stop improvements related to a pending

East Main Street project

8) Continue discussions on plans for funding and procuring bus replacements and possible

microtransit vehicles

2. Recent Inquiry From Cache Creek Casino Resort

Representatives from Cache Creek Casino Resort have inquired with YCTD staff about the possibility of

reducing the amount of bus service that is provided by YCTD and funded by the resort and Tribe. With COVID-

19 related ridership on route 215 being at about 50% of normal, the question has been raised if service levels

should be reduced, as well.

We are investigating the matter and have contacted Yolo County senior staff, YCTD’s County representatives

on the Board, and County representatives who serve on an ad hoc subcommittee with the Tribe.

Intergovernmental Agreements (IGAs) between the County and Tribe designate the transit service level that

YCTD currently provides. The latest IGA references the addition of two round trips a day to the current 17 round

trips, as an agreed upon mitigation measure tied to the new hotel and event center expansion, which are nearing

their final phases of construction.

This subject has a lot of moving parts, not the least of which is what would be the financial implications on

the five YCTD voting jurisdictions. Expenses, including overhead and variable expenses, are largely allocated

in a manner consistent with the level of bus revenue service that is provided. We understand that the matter may

have been brought up with the Yocha Dehe Wintun Nation Tribal Council on September 8th. More meetings and

discussions between the County, Tribe and YCTD are likely.

3. Survey of Existing/Past Riders YCTD staff developed and launched a customer survey in August 2020 aimed at identifying current and

anticipated demand on Yolobus fixed-route services. A total of 116 surveys (114 English, 4 Spanish) were

received through the final closing date of August 31, 2020. Respondents were able to take the survey via phone

(and translation services as necessary) or by visiting the YCTD offices and taking the survey in person. YCTD

social media and website, as well as customer notification system, were used to advertise and promote the

survey. Bilingual notices were placed on all YCTD buses throughout the survey period to help inform those

without electronic devices of the opportunity. The survey asked respondents about their pre- and post-COVID

travel needs, times of travel and flexibility in travel needs. Some interesting takeaways from the survey include:

69

• The majority of respondents ride/rode daily for work commute purposes.

• 52 percent stopped riding due to the shelter in place order that went into effect in mid-March

2020.

• Approximately 44 percent of respondents travel from Davis to Sacramento and back, leaving

at/around 8:00 a.m. and returning between 4:00 and 6:00 p.m.

• Over 69 percent of respondents feel more comfortable with riding Yolobus because of the

additional safety measures put in place by Yolobus.

Attached as a separate document is a summary of survey responses received, and the data has been forwarded

to Dan Boyle & Associates for inclusion and consideration in the Reassessment Study currently underway.

4. COA and Reassessment Next Steps The COA Reassessment Study is under development by Dan Boyle & Associates (DBA) and his team. The

DBA team participated in, and received YCTD notes and comments from, the jurisdictional meetings held across

the past two weeks. Further, DBA has received and is considering recent feedback from the YCTD TAC and

CAC meetings held on August 31, 2020.

The DBA team has reviewed the COVID-19 related service changes and ridership per trip at the route level;

requested and will be provided detailed ridership data supplementing data already analyzed for the pre-COVID

COA; and begun review and consideration of recent Summer 2020 customer survey.

Next steps include a detailed assessment of the previously developed recommendations in the current

environment and development of refined recommendations. It is anticipated significant modifications will be

presented at the local level, as demand, and priorities for meeting the demand, have shifted. Public outreach efforts

will focus on obtaining current feedback and priorities from each community and will be led/facilitated by AIM

as part of the DBA team.

Additionally, staff is reviewing if some of the service changes described in the meetings with the YCTD

voting jurisdictions can be implemented earlier. That is why there is a placeholder on the October 12th YCTD

Board agenda for a public hearing if some of the service improvements should be considered for implementation

within a few months. Note that if a hearing in October cannot be conducted, the hearing date for short term

service changes may slip to November or December.

BUDGET IMPACT:

The budget impacts associated with these projects have the potential to be substantial. Reallocation of

resources (versus increases/expansions) is being prioritized to reduce the likelihood of additional funds from

jurisdictions. Final cost impacts will be estimated based on the final approved recommendations from negotiations

with the Cache Creek Casino, reassessed COA strategies, and services returned from COVID-related reductions.

70

71

BOARD COMMUNICATION: YOLO COUNTY TRANSPORTATION DISTRICT 350 Industrial Way, Woodland, CA 95776---- (530) 661-0816

Topic: Consider Director’s Report

Agenda Item #:

Agenda Type:

8 Deliberation/Action

Attachments: Yes No

Prepared By:

Terry Bassett, Jose Perez

Approved By: Meeting Date: September 14,

2020

RECOMMENDATION:

Your Board reserves the right to take action on all items below, except for oral report items.

BACKGROUND:

a. Oral Report

i. Update from Transdev Regarding Recruitment for Replacement General Manager

b. Tentative Long-Range Board Meeting Calendar

At the request of Chairwoman Loren and Vice-Chair Saylor, I have put together the attached tentative long-

range calendar, which covers Board meeting agenda items anticipated to be covered, by month, between

October 2020 and June 2021. It is intended to outline key agenda topics for future Board meetings over the

next nine (9) months. This is not an all-inclusive list and is subject to modifications. If the Board so desires,

this calendar can be placed on the regular agenda for the October 12th YCTD Board meeting.

c. SACOG Annual Unmet Transit Needs Hearing

SACOG has set 6 pm, Wednesday, November 4, 2020 as the time and date for its annual unmet transit needs

public hearing. This year, it will be conducted on-line, likely using Zoom or WebEx. We are working with

SACOG staff to determine the details. Lucas Frerichs will run the hearing on behalf of SACOG. Don Saylor

has offered to fill in for Mr. Frerichs if necessary.

d. September 28, 2020 Causeway Connection Expansion

YCTD staff, in coordination with SacRT and UC Davis staff, have refined and begun promoting an

expansion of the Route 138, the Causeway Connection. Effective Monday, September 28th, Yolobus and

Sacramento RT will each run 15 bus trips between the UCD main campus in Davis and the UCD Medical

Center, off of Stockton Boulevard in Sacramento. The new schedule and route map are at the end of this

Director’s report.

e. COVID-19 Updates

There have been four reports of drivers testing positive for COVID-19 since early July. All four drivers

have recovered and have returned to work.

A fifth employee (non-driver) was tested positive but should be ready to return the week of September 14th.

Transdev ordered pump-type hand sanitizers for the entire fleet of 57 YCTD buses and 12 paratransit

vehicles; however, the vendor announced a delay in delivery of the product, which has been pushed back

towards the end of September.

f. Other Service Updates

The month of August was a very stressful period on our operations. From August 27-30, evening Yolobus

72

service in downtown Sacramento ended earlier than normal, to avoid protests on multiple nights. We

undertook several avenues to inform the public. Sacramento RT was faced with similar service curtailments,

to protect the riding public, employees, and equipment.

Also in August, temperatures exceeded 90 degrees during 28 of the 31 days that month. Nine of those days

were at 100 degrees or more, with a high of 110 degrees on August 15th. We did offer the City of Winters

use of a bus to serve as a cooling center, or to transport residents to the City of Davis, which also had a

cooling center.

The LNU Lightning Complex fires that started around August 19-20 have wreaked havoc in and near many

communities. That fire and many other fires are still being battled at the time of this report. We did stage

a bus at Cache Creek Casino Resort in case it was needed for evacuation assistance and we stayed in touch

with first responders. We also stayed in touch with the casino and the City of Winters as we monitored

changing conditions.

Extreme heat, plus smokey conditions, does not bode well for attracting ridership.

g. Status of Downtown Riverfront Streetcar Project

On August 24th, the Sacramento Regional Transit District board rejected a scaled-down plan to build a light

rail line between the Sutter Health Park baseball stadium in West Sacramento and the downtown railyards

in Sacramento. The Tower Bridge and 3rd Street would have been the primary streets that the route would

have operated on.

In light of this, YCTD staff will be working with the City of West Sacramento to determine if Yolobus

routes and schedules could be modified to include a redesigned downtown shuttle.

h. Attachments

i. Tentative Long-Range YCTD Board Meeting Calendar

ii. Causeway Connection Schedule and Route, Effective September 28, 2020

iii. August 2020 Ridership Report for Fixed Route, Paratransit and Microtransit

iv. Quarterly Performance and Financial Reports thru June 30, 2020

73

Tentative Long Range YCTD Board Meeting Calendar (subject to modifications)

October 12, 2020

1 Financial & Ridership Update (status of fares, LTF, STA, CARES, fund balance, other revenues)

2 Consider Extending Youth Ride Free Program through June 30, 2021

3 Update on Comprehensive Operational Analysis and Possible COVID-19 Recovery Service Changes

Receive and Discuss staff report on on Microtransit, deviated fixed route for Knights Landing, Winters, and Woodland

4 Consider YCTD Project Nominations For Next SACOG Funding Round

5 Director's Report, Monthly Progress Report on Three Primary Goals

6 Consider Mutual Aid Agreemenet with Sacramento Regional Transit District

7 Discuss Unitrans request for possible assistance in the provision of service

November 9, 2020

1 First Quarter Financial and Performance Reports for July 1-September 30, 2020

2 Financial & Ridership Update (status of fares, LTF, STA, CARES, fund balance, other revenues)

3 Public Hearing on Proposed COVID-19 Recovery Service Changes

4 Update on Comprehensive Operational Analysis and Reassessment

5 Director's Report, Monthly Progress Report on Three Primary Goals

6

December 14, 2020

1 Financial & Ridership Update (status of fares, LTF, STA, CARES, fund balance, other revenues)

2 Set Meeting Dates for 2021

3 Update on Comprehensive Operational Analysis and Reassessment

4 Director's Report, Monthly Progress Report on Three Primary Goals

5 Consider Proposed Mid-Year Budget Adjustment

January 11, 2021

1 Financial & Ridership Update (status of fares, LTF, STA, CARES, fund balance, other revenues)

2 Consider Recommendations from Comprehensive Operational Analysis, Possible Public Hearing

3 Director's Report, Monthly Progress Report on Three Primary Goals

4 Annual Authority to apply for grants (including FTA Certifications and Assurances)

5 Discuss Update of YCTD Short Range Transit Plan (SRTP) for FY 2022-2029 (Required for various grant applications)

February 8, 2021

1 Second Quarater Financial and Performance Reports for October 1-December 31, 2020

2 Financial & Ridership Update (status of fares, LTF, STA, CARES, other revenues)

3 Director's Report, Monthly Progress Report on Three Primary Goals

4 Continued Consideration of Recommendations from Comprehensive Operational Analysis, Possible Public Hearing

March 8, 2021

1 Financial & Ridership Update (status of fares, LTF, STA, CARES, fund balance, other revenues)

2 Introduction of Draft 3-Year Budget

3 Director's Report, Monthly Progress Report on Three Primary Goals

April 12, 2021

1 Financial & Ridership Update (status of fares, LTF, STA, CARES, fund balance, other revenues)

2 Consider Adopting Draft 3-Year Budget

3 Director's Report, Monthly Progress Report on Three Primary Goals

May 10, 2021

1 Third Quarter Financial and Performance Reports for january 1-March 30, 2021

2 Financial & Ridership Update (status of fares, LTF, STA, CARES, fund balance, other revenues)

3 Review Preliminary FY 21/22 Budget

4 Consider Succession Plan recommendations

5 Director's Report, Monthly Progress Report on Three Primary Goals

June 14, 2021

1 Financial & Ridership Update (status of fares, LTF, STA, CARES, fund balance, other revenues)

2 Public Hearing on Preliminary FY 21/22 Budget

3 Agreement for YCTD SRTP FY 2022-2029

4 Election of 2021-2020 Chair & Vice Chair

5 Director's Report, Monthly Progress Report on Three Primary Goals

Succession Plan Update: Review and comment on district activities, employee roles,

responsibilities, job descriptions, and desired outcomes for a succession plan

74

Causeway Connection Schedule, Effective September 28, 2020

Causeway Connection Route, Effective September 28, 2020

75

76

Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Totals YTD

20-21 35,067 33,252 68,319 -65.4%

19-20 92,016 105,446 98,477 106,536 95,686 87,879 93,589 92,728 59,404 21,278 24,193 36,822 914,054

18-19 106,747 112,113 100,044 112,007 95,508 88,329 96,304 94,922 99,048 97,076 97,770 87,631 1,187,499

-61.9% -68.5%

0

20,000

40,000

60,000

80,000

100,000

120,000

Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Rid

ers

Yolobus Fixed Route Ridership Trends

18-19 19-20 20-21-65.4% YTD

--61.9%

-68.5%

77

Jul* Aug* Sept Oct Nov Dec Jan Feb Mar* Apr* May* Jun* Totals YTD

20-21* 1,309 1,192 2,501 -35.9%

19-20 1,910 1,994 1,901 2,047 1,994 2,077 2,230 2,266 1,578 972 947 1,308 21,224

18-19 2,099 2,173 1,781 2,048 1,982 1,850 2,109 1,715 2,039 2,163 2,216 1,808 24,806

-31.5% -40.2%

*Includes YOUR Ride microtransit ridership (Knights Landing + Winters):

Microtransit Ridership-Knights Landing (KL) and Winters

20-21 Jul Aug

KL 148 161

Winters 158 160

Total 306 321

0

500

1,000

1,500

2,000

2,500

Jul* Aug* Sept Oct Nov Dec Jan Feb Mar* Apr* May* Jun*

Rid

ers

Yolobus Special Paratransit (ADA) Ridership Trends

18-19 19-20 20-21 -35.9% YTD

-40.2%-31.5%

78

Yolo County Transportation District Performance Indicators

FY 2019/20 vs 2018/19YEAR TO DATE THROUGH FOURTH QUARTER

Fixed Route FY 2019/20 FY 2018/19 Change Paratransit FY 2019/20 FY 2018/19 Change

Ridership 914,054 1,187,499 -23.0% Ridership 21,520 23,983 -10.3%

Operating expense 11,770,560$ 11,989,365$ -1.8% Operating expense 1,590,884$ 1,520,341$ 4.6%

Fare revenue 1,505,798$ 2,089,147$ -27.9% Fare revenue 79,249$ 113,529$ -30.2%

Fare Box Recovery 12.79% 17.43% -26.6% Fare Box Recovery 4.98% 7.47% -33.3%

Cost/ride 12.88$ 10.10$ 27.5% Cost/ride 73.93$ 63.39$ 16.6%

Revenue miles 1,832,235 1,967,606 -6.9% Revenue miles 258,610 314,697 -17.8%

Revenue hours 93,123 101,113 -7.9% Revenue hours 13,818 15,689 -11.9%

Fare revenue/ride 1.65$ 1.76$ -6.4% Fare revenue/ride 3.68$ 4.73$ -22.2%

Rides/hour 9.82 11.74 -16.4% Rides/hour 1.56 1.53 1.9%

Rides/mile 0.50 0.60 -17.3% Rides/mile 0.08 0.08 9.2%

Cost/revenue hour 126.40$ 118.57$ 6.6% Cost/revenue hour 115.13$ 96.90$ 18.8%

Cost/revenue mile 6.42$ 6.09$ 5.4% Cost/revenue mile 6.15$ 4.83$ 27.3%

Miles per collision* 83,054 109,351 -24.0% Miles per collision 299,753 119,470 150.9%

Miles per road call 13,757 10,551 30.4% Miles per road call 42,822 39,823 7.5%

% on-time 90.6% 91.6% -1.2%

Fare revenue per revenue mile 0.82$ 1.06$ -22.6% Fare revenue per revenue mile 0.31$ 0.36$ -15.1%

Fare revenue per revenue hour 16.17$ 20.66$ -21.7% Fare revenue per revenue hour 5.74$ 7.24$ -20.7%

*Preventable collision accidents, including mirror taps.

FY 2019/20 FY 2018/19 FY 2019/20 FY 2018/19

Average fare per passenger 1.65$ 1.76$ Average fare per passenger 3.68$ 4.73$

79

80

81

82