Laguna Niguel City Council
March 1, 2022

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: March 1, 2022
SUBJECT: Award of Professional Services Agreement for Summer Trolley Operation Services with LAZ Parking California, LLC

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Professional Services Agreement with LAZ Parking California, LLC in the not-to-exceed amount of $973,408 to operate the Summer Trolley Program over five years; and,

2. Authorize the City Manager to execute the Professional Services Agreement and future amendments to the agreement, subject to the City Attorney making non- substantive changes.

BACKGROUND
On January 21, 2020, the City Council approved the Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the Project V Community Based Transit Circulator Program to implement a Summer Trolley Program (Trolley Program).

Pursuant to the Cooperative Agreement, OCTA will provide Project V funding in the amount not-to-exceed $886,082 for up to five years, and the City will provide a minimum 10% local match in the amount of $98,454. Funding from OCTA and the minimum City match are contingent on meeting minimum performance requirements tied to ridership.

More details are provided in the Fiscal Impact section of this staff report.

On July 21, 2020, the City Council adopted Resolution 2020-1333 in response to COVID- 19, requesting a two-year delay from OCTA to implement the Trolley Program. The delay provided the City with time to adapt to the effects of COVID-19.

This summer marks the end of the two-year delay. The Trolley Program is scheduled to begin on May 26, 2022 to coincide with Memorial Day weekend and run through Labor Day weekend between Thursday - Sunday, and Monday service for holidays.

Service Days Thursday Fri. - Sat. Sunday Monday*
Hours of Operation 9am - 9pm 10am - 10pm | 11am - 9pm 9am - 9pm Vehicle Capacity 20-passengers
20 minutes
Trip Frequency
* Holidays only
The bi-directional fixed route (Attachment "A") will include two trolley vehicles that will travel along Crown Valley Parkway and include Laguna Niguel City Hall and the Ritz Carlton, providing access to Salt Creek Beach and transfer options to the Dana Point Trolley, Laguna Beach Trolley, and several OCTA bus routes. The Trolley Program will operate for 15 weeks each summer with a 20-minute headway (the interval between vehicles moving in the same direction on the same route).

To operate the Trolley Program, the City will hire a transportation company with experience operating local government transit programs. To ensure the operational success of the Trolley Program, the City will develop surveys to measure ridership satisfaction and methods to measure on-time performance. The City will report these metrics to OCTA as required by the Cooperative Agreement and implement corrective actions to address any observed deficiencies, if necessary.

In January 2022, staff published a Request for Proposals (RFP), shown in Attachment "B", to hire an experienced transportation company to operate the Trolley Program. The Trolley Program supports City Council Goal 4 (Infrastructure and Technology) of the City's Strategic Plan.

ANALYSIS
The RFP described the City's intent to lease two ADA-compliant, 25-foot shuttle vehicles from a transportation contractor that will manage all operations relating to the Trolley Program's bi-directional fixed route, provide separate shuttle vehicles in support of special events organized by the Parks & Recreation Department, and provide a backup shuttle vehicle in the case of a breakdown. Trolley Program operations include driver management (recruitment, training, payroll), vehicle maintenance, fuel, data collection (rider counts, rider surveys, on-time performance), and installation of the vehicle wrap designed by the City (Attachment "C").

In response to the RFP, two proposals were received. The proposals were evaluated by an RFP selection committee based on the following five criteria: (1) Vendor Experience; (2) Driver Training Program; (3) Vehicle Maintenance Program; (4) Client References; and (5) Cost Schedule. The RFP Evaluation Summary can be found in Attachment "D".

Below is a summary of the ranking and proposed cost to operate the Trolley Program for five years. Copies of the proposals are on file with the City Clerk's Office.

Rank Contractor Proposed 5-Year Cost
1 LAZ Parking California, LLC (Recommended) $973,408
2 Transportation Concepts $1,000,208

Following a review of the submitted proposals, the RFP selection committee convened to discuss their independent findings. From that process, it was determined that LAZ Parking California, LLC (LAZ Parking) represents the best overall value to provide Summer Trolley Operation Services. This determination was made due to LAZ Parking's extensive and proven local and regional experience, placement of a back-up shuttle less than 30 minutes away, multiple layers of support from adjacent city trolley operations, and experience with OCTA Project V funding programs. Additionally, LAZ Parking has included one (1) full-time supervisor dedicated to the City's Trolley Program that will monitor daily performance and address any customer service matters on an as-needed basis. This level of customer service is considered critical during the initial year of service to build ridership and a successful Trolley Program.

LAZ Parking has over 60 years of transportation experience, the majority of which is in Southern California, operating trolley and shuttle programs for the cities of Dana Point, Laguna Beach, Mission Viejo, Newport Beach, San Clemente, and San Juan Capistrano.

Reference respondents all provided positive reviews for LAZ Parking.

To provide excellent customer service, LAZ Parking will provide a City branded mobile app (iPhone and Android) that provides the real-time status of the two shuttle vehicles assigned to the bi-directional fixed route. In addition, LAZ Parking will conduct a customer satisfaction survey to measure ridership satisfaction, providing the City with the metrics to continuously improve service for the benefit of the community.

Staff recommends that the City Council approve the Professional Services Agreement with LAZ Parking (Attachment "E") in the not-to-exceed amount of $973,408 over five years to provide operating services for the Trolley Program.

ALTERNATIVES CONSIDERED

1. One alternative to the recommended action is to select a different contractor that responded to the RFP and negotiate a contract with that contractor. Staff does not recommend this alternative since staff believes it is in the best interest of the City to contract with LAZ Parking, due to their level of expertise.

2. The second alternative is to reject all proposals and rebid the RFP. Staff believes that re-advertising and rebidding the RFP will not result in a more qualified contractor than LAZ Parking, with a fair and competitive cost to provide Summer Trolley Operation Services.

FISCAL REVIEW
Trolley Program costs are comprised of Capital and Operations & Maintenance (O&M) costs. Capital costs include the vehicle lease (for fixed route and special events), stop improvements (signage, furniture, shelters), and the initial marketing costs to establish service. O&M costs include driver management, vehicle maintenance, fuel, data collection, installation of the vehicle wrap, and ongoing marketing costs (after the initial year).

Reimbursement of Trolley Program costs through Project V is tied directly to the number of passenger boardings (per vehicle service hour) for maximum reimbursement. If passenger boardings meet or exceed the minimum requirements, OCTA will pay 90% of Trolley Program costs as stipulated in the Cooperative Agreement, and the City is responsible for a minimum of 10% of costs. However, if the Trolley Program does not meet these requirements on a quarterly basis, the reimbursement of costs pivots to a Maximum Subsidy per Passenger Boarding of $10.05 and could result in an increase in Trolley Program costs for the City. This means the actual match provided by the City may be greater than 10% depending upon ridership.

Pursuant to the Cooperative Agreement in Attachment "F", , OCTA will provide Project V funding in the total amount not-to-exceed $886,082 for up to five years (for Capital and O&M costs), and the City will provide a minimum 10% local match in the amount of $98,454 (for Capital and O&M costs). The Trolley Program is budgeted in the Capital Improvement Program (CIP) budget and the Public Works Operating budget.

The Fiscal Year 2021-22 CIP budget includes adequate funding for the first year of costs proposed by LAZ Parking. Costs not covered by the Cooperative Agreement are available in the Fiscal Year 2021-22 Public Works Operating budget. Subject to City Council approval, funding for LAZ Parking will be budgeted in subsequent fiscal years in the CIP and Public Works Operating budgets.

LEGAL REVIEW
The City Attorney's Office has approved the Agreement and this staff report as to form.

CONCLUSION
Staff recommends that the City Council:

1. Approve the Professional Services Agreement with LAZ Parking California, LLC in the not-to-exceed amount of $973,408 to operate the Summer Trolley Program over five years; and,

2. Authorize the City Manager to execute the Professional Services Agreement and future amendments to the agreement, subject to the City Attorney making non- substantive changes.

Jamara SOHonnau. Never I Emis
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
suvo
Russell Narahara
Public Works Director/City Engineer Senior Management Analyst Attachments:

A. Summer Trolley Program (Draft Route Map)
B. RFP for Summer Trolley Operation Services
C. Vehicle Wrap for Summer Trolley Program
D. RFP Evaluation Summary
. Professional Services Agreement with LAZ Parking, LLC F. OCTA Cooperative Agreement

ATTACHMENT A
Summer Trolley Program (Draft Route Map)
Legend
Crown Valley Park
Trolley Route
OCTA Bus Route Access to:
- Crown Valley
Trolley Stop Community Center
City Limits - Niguel Botanical
Preserve
Lac una
Ni Mel - Laguna Niguel YMCA
* Pending OCTA Approval
Metrolink Station
OCTA 87
Library / Civic Center
Points of interest include:
- City Hall
- Laguna Niguel Library
OCTA 85 - Baja Fish Tacos
Crown Valley - Smart & Final
Park
Library /
Civic Center
OCTA 90
Ritz Carlton Dr
Provides direct access to:
- Salt Creek Beach & Park
- Ritz Carlton
- Dana Point trolley
- Laguna Beach trolley
San linn
Pacific Coast Highway
OCTA 1 and Niguel Rd
Walking distance to:
- Sea Terrace
Community Park
- Dana Point Library
OCTA 91 - Waldorf Astoria
Dana Point
Ritz Carlton Dr Pacific Coast Highway
0 0.25 0.5 1 1.5 2
(Trolleys to Dana Point, and Niguel Rd
Laguna Beach) • Miles
Laguna Niguel Summer Trolley Program
Draft Route Map N

ATTACHMENT B
RFP for Summer Trolley Operation Services
City of Laguna Niguel
Summer Trolley Operation Services
Request for Proposals (RFP)
Issued: January 1, 2022 / Due: January 31, 2022 by 2:00 p.m. PST Also Vicin
Station
Crown Valloy Pkiry
Library/
Civic Center S
Legend
A Troley Stop Proposed Pacific Cos
OCTA Routes
Beach Route Boach! 1.5
9/025 05 Mios
Legune Miguel Trolley Transfor
The City of Laguna Niguel (City) is requesting proposals from licensed transit operation companies (Vendor) to provide summer trolley operation services (Trolley Program) on an annual basis beginning in May 2022. The annual Trolley Program starts each Memorial Day weekend and ends Labor Day weekend. The awarded Vendor will operate the Trolley Program on behalf of the City.

RFP Summary
RFP Title: Summer Trolley Operation Services
Scope of Work: See Section I-7 (Scope of Work).

RFP Submittal Information: Interested Vendors will submit:

1. An original plus (2) printed copies of your proposal in a sealed envelope or box and marked with the RFP title
by the RFP Due Date.

2. A PDF copy of your proposal, emailed to the City
Contact or provided via cloud service (Dropbox,
Google Drive, OneDrive, etc.)
No faxed proposals. Late proposals will not be accepted.

RFP Submittal Location: Laguna Niguel City Hall, c/o Russell Narahara 30111 Crown Valley Parkway, Laguna Niguel, CA 92677
RFP Due Date: January 31, 2022 by 2:00 p.m. PST
RFP Submittal Requirements: Your proposal must include the information described in Section III (Proposal Form and Content) of this RFP.

Vendor proposals will be considered non-responsive if the proposal does not provide all the information requested in Section III.

Prior to Award of Contract: The successful Vendor must submit a Certificate of Insurance and related endorsements that meets the City's criteria as described in the draft Agreement (Attachment B of this RFP).

Pre-Proposal Meeting: None
REP Questions: Questions regarding this RFP must be submitted in the form of an email with the RFP title in the subject heading. The deadline to submit questions is January 14, 2022 by 10:00 a.m.

PST. Questions should be addressed to the City Contact.

City Contact / Russell Narahara
Project Manager: Senior Management Analyst
Phone: (949) 362-4313
Email: [email protected]
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 2 of 46 Table of Contents
Section I - Project Information. .5
I-1. Overview... ...5
I-2. City Background ..6
I-3. Trolley Program Schdeule (Bi-Directional Fixed Route). ..6 1-4. Trolley Program and Special Events... .....7
I-5. Marketing Efforts. ..8
I-6. Project Goals and Project Deliverables. .9
I-7. Scope of Work.. .9
1-8. Implementation and Deployment Plan. ..10
Section II - RFP Process ...11
II-1. RFP Timeline .11
II-2. RFP Questions and Responses.. ...11
II-3. RFP Due Date and Opening ..12
II-4. RFP Evaluation Process .12
II-5. Request for Council Action ...13
II-6. Execution of Agreement.. ..13
II-7. Acceptance of Agreement.. ..13
Section III - Proposal Form and Content. ..14
III-1. General Information. 14
III-2. Proposal Submission Requirements and Response Format ... ..14 III-3. Certification Statement. .15
III-4. Letter of Transmittal .15
III-5. Work Approach ..15
III-6. Experience. .15
III-7. Key Personnel.. .15
IlI-8. Fee Structure .16
III-9. Other Information .16
Section IV - Evaluation / Selection of Proposals .. ...17 IV-1. Clarifications 17
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 3 of 46 IV-2. Proposal Evaluation and Selection ... .17
IV-3. Single or Multiple Contracts ..17
IV-4. Term ..17
IV-5. Compensation ..17
Section V - General RFP Information.. ..18
V-1. Public Records.. .18
V-2. Cancellation ..18
V-3. Late Proposals.. .18
V-4. Disputes .19
V-5. Proposer Certifications ..19
V-6. Nondiscrimination 20
V-7. Proposed Liability ..20
V-8. City Requests for Clarification, Additional Research, and Revisions ..21 V-9. Rejection of Proposals. ..21
V-10. Modification or Withdrawal of Proposal by Vendor .22 V-11. Duration of Proposal.. 22
V-12. Local, State, and Federal Requirements 22
Section VI - Form to be Submitted. ..23
VI-1. Certification Statement (submit with proposal) ..24 Attachment A - Route Map and Schedule. ..25
Attachment B- City's Sample Professional Services Agreement.. ..29 City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 4 of 46

SECTION I - PROJECT INFORMATION
1-1. OVERVIEW
The City of Laguna Niguel (City) is soliciting proposals from qualified, licensed transit operation companies (Vendors) to operate the City's summer trolley service (Trolley Program) that includes a bi-directional fixed route (see Section I-3 for the schedule) that runs Thursday to Sunday each summer between Memorial Day weekend and Labor Day weekend.

The City's Trolley Program will not utilize a traditional open-air trolley vehicle as used by regional cities such as Dana Point and Laguna Beach. Instead, the Trolley Program will operate using two ADA-compliant, 25-foot shuttle vehicles, each with a 20-person occupancy. The City intends on leasing the shuttle vehicles and has already designed a vehicle wrap that will be shared with the awarded Vendor. Based on the lease model, the City understands that the Vendor will not wrap the two shuttle vehicles until necessary, as the Vendor will likely utilize the shuttle vehicles for other customers.

Per the RFP Timeline (Section II-1), the City intends on awarding a Vendor at the City Council meeting on March 1, 2022 or March 15, 2022. To help inform the community about the Trolley Program before the official start date for the Trolley Program (on Thursday, May 26, 2022), the City requests that one shuttle vehicle is wrapped and available starting on May 13, 2022. On that day and until May 26, 2022, the City requests the Vendor to park the wrapped shuttle vehicle at various locations within the City (to generate awareness of the Trolley Program). More information is available in Section I-4. The Vendor's submitted proposal should include pricing in support of moving the wrapped shuttle vehicle between locations.

The City was awarded a Project V grant by the Orange County Transportation Authority (OCTA) to operate the Trolley Program for up to five years. The City will continue to receive Project V grant funds each year if the minimum Project V grant criteria is achieved. The Trolley Program will continue if Project V grants funds are available.

The City intends to contract with a single Vendor and not with multiple Vendors doing business as a joint venture. Any proposal submitted on behalf of any joint venture or partnership between two existing Vendors may be considered collusive and may be rejected as non-responsive. Any sub-contractors mentioned in the RFP and/or used for this project will have no formal relationship with the City.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 5 of 46 I-2. CITY BACKGROUND
The City of Laguna Niguel is a 14.72 square mile bedroom community with a population of approximately 65,429 located in Orange County, California. The City was incorporated on December 1, 1989 as a master planned community and enjoys a strong retail and commercial environment. The City is known for its mild coastal climate, low crime rate, and its numerous parks and public trails. Over the course of the year, the temperature typically varies from 49°F to 78°F and is rarely below 43°F or above 86°F.

I-3. TROLLEY PROGRAM SCHDEULE (BI-DIRECTIONAL FIXED ROUTE) The Trolley Program will operate each year between Memorial Day weekend and Labor Day weekend for a total of approximately (60) days each summer. Service will only be provided on Thursday (9:00 a.m. - 9:00 p.m.), Friday/Saturday (10:00 a.m. - 10:00 p.m.) and Sunday (11:00 a.m. - 9:00 p.m.). No service is provided Monday - Wednesday.

The bi-directional fixed route ("fixed route") includes five stops, where only one of the stops (Laguna Niguel City Hall) is within the City's boundaries. The route is approximately (4) miles one-way, and the trip frequency should be approximately (20) minutes. A route map and schedule are included in Attachment A. After the City awards a Vendor, the City is open to discussing the route schedule.

Stop
No. Stop Name
Laguna Niguel City Hall
Pacific Coast Highway -
Southbound / Monarch Bay
rive (connection to Lagun
Crown Vally Piny each Trolley and OCTA BL
Routes)
Ritz Carlton Drive
(connection to Laguna Beach
Trolley, Dana Point Trolley and
OCTA Bus Routes)
Pacific Coast Highway-
Northbound / Niguel Road
Troley and OCTA Bus Routes
Pacific Coast Highway -
Legend Northbound / Monarch Bay
Road (connection to OCTA Bus
0102505 Routes)
aura Niguel
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 6 of 46 Operation Plan
Attribute Total
Service days Thu Fri-Sat Sun
Number of vehicles 2 (with 1 back up vehicle!
Vehicle Capacity 20-passenger
Service hours/day
12 12 10
(per vehicle)
9:00 AM - 10:00 AM - 11:00 AM -
Hours of operation 9:00 PM
9:00 PM 10:00PM
Type of service Seasonal Shuttle Service
Trip frequency 20 minutes
Average Service Speed 18 Miles Per Hour
Route Distance (one-way) 4 miles
Daily Trips 36 36 30
I-4. TROLLEY PROGRAM AND SPECIAL EVENTS
Separate from the fixed route, the Vendor will provide non-wrapped shuttle vehicle(s) in support of City sponsored special events and other events as needed. The City is aware that a minimum number of hours will likely apply (ex: a four-hour minimum) and will pay the hourly rate submitted in the Vendor's proposal.

Below is a list of special events that are scheduled by the City on an annual basis. The City may request the Vendor to provide non-wrapped shuttle vehicle(s) in support of these events and other events not listed.
a. Annual Summer Concert Series (six separate concerts on a Thursday or Friday between June - August, 5:00 p.m. - 9:00 p.m.)
b. Fourth of July Celebration (4:00 p.m. - 10:30 p.m.)
c. Annual Carnival (third Friday - Sunday of August, 10 a.m. - 10 p.m.) d. Annual Haunted Trails (third Thursday - Saturday of October, 4:00 p.m. - 10:00 p.m.)
e. Annual Holiday Parade (second Saturday of December, 8 a.m. - 2:00 p.m.) City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 7 of 46 1-5. MARKETING EFFORTS
To help inform the community about the Trolley Program before the official start date on Thursday, May 26, 2022, the City requests that one shuttle vehicle is wrapped and available starting on May 13, 2022. The Vendor's submitted proposal should include pricing in support of moving the wrapped shuttle vehicle between locations.

Below is a list of locations where the City desires* to park the shuttle vehicle prior to May 26, 2022. Information about where to park at each location will be provided to the awarded Vendor.

Friday, May 13, 2022 - Sunday, May 15, 2022
Location: Crown Valley Park (29751 Crown Valley Parkway, Laguna Niguel) Purpose: Advertise during a special City sponsored event called "Jurassic Trails" Monday, May 16, 2022 - Tuesday, May 17, 2022
Location: Laguna Niguel City Hall (30111 Crown Valley Parkway, Laguna Niguel) Purpose: Advertise to the public from one of the five Trolley Program stop locations Wednesday, May 18, 2022 - Friday, May 20, 2022
Location: Aliso Niguel High School (28000 Wolverine Way, Aliso Viejo) Purpose: Advertise to a local high school
Saturday, May 21, 2022 - Sunday, May 22, 2022
Location: Ocean Ranch Village (32391 Golden Lantern, Laguna Niguel) Purpose: Advertise at a popular shopping destination
Monday, May 23, 2022 - Wednesday, May 25, 2022
Location: Aliso Village Shopping Center (23966 Aliso Creek Rd, Laguna Niguel) Purpose: Advertise at a popular shopping destination
* Parking the shuttle vehicle at Aliso Niguel High School, Ocean Ranch Village, and Aliso Village Shopping Center is contingent on the City receiving approval to park the shuttle vehicle. In case approval is not provided, the City will work with the awarded Vendor on different locations where the shuttle vehicle can be parked without issue.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 8 of 46 1-6. PROJECT GOALS AND PROJECT DELIVERABLES
The Trolley Program will be operated by a qualified, licensed transit operation company (Vendor).

The Vendor will understand the requirements of the Project V grant as administered by OCTA.

The Trolley Program will provide a safe, and convenient transit option for the community. The awarded Vendor will manage all operations relating to the Trolley Program and provide the City with the necessary data that the City will submit to OCTA per the Project V grant requirements.

The Trolley Program will be considered successful if the following project deliverables are met:

1. The Vendor will support the City's marketing efforts to promote the Trolley Program (as detailed in Section I-5).

2. The Vendor will ensure all drivers are trained and available to support the annual Trolley Program schedule and route.

3. The Vendor will operate the Trolley Program while ensuring that all the Vendor's staff provide a high level of customer service to all riders.

4. Separate from the bi-directional fixed route, the Vendor will provide non-wrapped, ADA- compliant, 25-foot shuttle vehicles (20-person occupancy) in support of special events and other events as needed.

5. The Vendor will communicate with the City on a regular basis to ensure the success of the Trolley Program.

I-7. SCOPE OF WORK
The awarded Vendor will operate the Trolley Program on behalf of the City. The Vendor will provide the following services:

1. Provide high quality, transit operations in support of the Trolley Program and provide timely expertise as needed.

2. Provide two ADA-compliant, 25-foot shuttle vehicles (20-person occupancy) on a lease basis.

3. Maintain the shuttle vehicles, provide insurance, clean the shuttle vehicles, store and fuel the shuttle vehicles, and provide friendly and courteous customer service.

4. Manage the shuttle vehicle drivers (including but not limited to background checks, training, retention, discipline, payroll, shift assignments, scheduling, etc.) to ensure the Trolley Program schedule is adhered to.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 9 of 46

5. Ensure backup staffing is available in case an assigned shuttle driver calls in sick.

6. Investigate all public complaints concerning the Trolley Program and provide the City with a written report of the incident within five business days after the occurrence.

7. Provide non-wrapped shuttle vehicle(s) in support of City sponsored special events and other events as needed.

8. Provide the City with the necessary data that the City will submit to OCTA per the Project V grant requirements.

9. Allow the City to inspect and audit the Vendor's records as required.

10. Ensure the shuttle vehicles comply with all applicable federal, state, and local laws and regulations.

11. Within one business day, provide a fully operational, replacement shuttle vehicle with the City's vehicle wrap (if an existing shuttle vehicle is non-operational and unable to provide service).
1-8. IMPLEMENTATION AND DEPLOYMENT PLAN
The Vendor will work with the City to develop an implementation plan to ensure the successful implementation of the Trolley Program. The plan shall cover the entire implementation process, including but not limited to adding the City's vehicle wrap, ensuring each shuttle vehicle is equipped with a first aid kit and working radio, scheduling a test run of the Trolley Program route (before service begins), ensuring shuttle drivers adhere to the State's COVID-19 directions, providing the City with a monthly update including ridership data, and other information.

The City's intention is for the Vendor's staff to complete the implementation and deployment plan using the Vendor's staff and not a sub-contractor to the Vendor.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 10 of 46 SECTION I| - RFP PROCESS
II-1. REP TIMELINE
The following is the anticipated RFP Timeline. The timeline is subject to change as additional time is needed. Any timeline changes will be communicated via addendum.

Milestone Date
RFP Issued January 1, 2022
Due date for RFP Questions January 14, 2022 by 10:00 a.m. PST Responses Provided to RFP Questions January 20, 2022
RFP Submittal ("RFP Due Date") January 31, 2022 by 2:00 p.m. PST City Council Award of Project March 1, 2022 (or, March 15, 2022) Trolley Marketing Efforts (see Section 1-4) May 13-25, 2022 Trolley Program Starts Thursday, May 26, 2022
11-2. RFP QUESTIONS AND RESPONSES
Vendors interested in submitting a proposal are asked not to contact other City staff or City Council Members in connection with the RFP prior to the City Council Award of Project.

Please email all questions pertaining to the RFP to the City Contact on or before January 14, 2022 by 10:00 a.m. PST. No questions will be accepted via phone. Once all questions are received, the City will summarize all questions and their responses in an addendum to the RFP. The addendum will be provided by January 20, 2022. The addendum will be posted to the City's website:
www.cityoflagunaniguel.org/bids.

In case additional clarifications need to be provided after January 20, 2022 and before the RFP Due Date, the City will post additional addenda to the City's website.

Each Vendor is responsible for obtaining all addenda prior to submitting a proposal and shall acknowledge in the proposal receipt of each addendum as part of the proposal. Failure to acknowledge receipt of all addenda as part of the proposal may result in rejection of the proposal.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 11 of 46 II-3. RFP DUE DATE AND OPENING
Proposals are due on or before the RFP Due Date, January 31, 2022 by 2:00 p.m. PST.

Proposals will be addressed to the City Contact:

Laguna Niguel City Hall
c/o Russell Narahara
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Interested Vendors will submit:

1. An original plus (2) printed copies of your proposal in a sealed envelope or box and marked with the RFP title by the RFP Due Date.

2. A PDF copy of your proposal, emailed to the City Contact or provided via cloud service (Dropbox, Google Drive, OneDrive, etc.)
It is the responsibility of the Vendor to ensure the proposal was received by the RFP Due Date.

Hand delivered proposals will be received at the front desk on the second floor of City Hall. No faxed proposals. Late proposals will not be accepted. No exceptions.

The City will not publicly open or read proposals aloud.

I1-4. RFP EVALUATION PROCESS
This RFP is not a formal bid process governed by formal bid rules typically associated with public works contracts. The evaluation and selection process are based upon consideration of a variety of factors as described below. Accordingly, the City reserves the right to waive technical errors, alter submission dates, issue subsequent requests for proposals, etc.

An assigned team from the City will be used to evaluate the proposals. The selection will be made based on the recommendation of the team and presented to the City Council for actual adoption and agreement execution. The individual rating and/or evaluation forms prepared by the team members will not be revealed but a summary of the evaluation results will be presented to the City Council.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 12 of 46 Emphasis will be placed on the following factors to select the most qualified Vendor:

1. Vendor Experience

2. Training Program for Shuttle Vehicle drivers

3. Maintenance Program for Shuttle Vehicle(s)

4. Client References

5. Project Cost
Selection by the City shall be based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and shall not be awarded solely based on project cost. Selection will be made to ensure that such services are engaged based on demonstrated experience and qualifications at fair and reasonable prices to the City.

I1-5. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the City's review team, the City will recommend a Vendor for award of contract at a City Council Meeting. The selected Vendor will enter into an agreement with the City based upon the contents of the RFP and the Vendor's proposal. Vendors not chosen will be informed after the City Council Meeting.

I1-6. EXECUTION OF AGREEMENT
A sample Professional Services Agreement is attached herein as an Attachment "B". "Vendor" will hereinafter be referred to as "Consultant". The term of the Agreement will begin after the Agreement is fully executed and a certificate of insurance and related insurance endorsements that meet the City's standards have been received and approved.

II-7. ACCEPTANCE OF AGREEMENT
After the City Council awards the project, the City will work to fully execute the Professional Services Agreement (Attachment "B"). The term of the Professional Services Agreement will be until September 30, 2026 or, until OCTA discontinues funding for the Trolley Program.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 13 of 46

SECTION III - PROPOSAL FORM AND CONTENT
III-1. GENERAL INFORMATION
The City reserves the right to retain all proposals submitted. Submission of a proposal indicates Vendor's acceptance of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the Vendor selected.

The City reserves the right to reject any or all proposals, in whole or part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City. Any Vendor may withdraw their proposal, without obligation, at any time prior to the RFP Due Date. A withdrawal will not be effective unless made personally to the City Contact prior to the RFP Due Date. Proposals may later be referred to the City Council for appropriate action.

Proposals must be valid for a minimum of 90 days.

III-2. PROPOSAL SUBMISSION REQUIREMENTS AND RESPONSE FORMAT Vendor is responsible for preparing a well-organized and concise written proposal. Emphasis should be on completeness, clarity of content, and cost effectiveness of the proposal.

To be considered for selection, Vendors must submit a complete response to this RFP that includes the following mandatory information and/or requirements in the following format and order. Failure to provide any of the information requested below may be cause for the proposal to be considered non-responsive.

1. Certification Statement

2. Letter of Transmittal

3. Work Approach

4. Experience

5. Key Personnel

6. Fee Structure

7. Other Information
Additional guidelines for the mandatory information and/or requirements listed above are described in the next sections.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 14 of 46 I1I-3. CERTIFICATION STATEMENT
All submitted proposals must contain a signed certification statement (see Section VI-1).

I1I-4. LETTER OF TRANSMITTAL
All proposals must include a cover letter addressed to the City's Project Manager and signed by a duly constituted official legally authorized to bind the Vendor to both its proposal and cost schedule. The cover letter may briefly summarize the key provisions of the proposal and acknowledge receipt of all addenda. The cover letter must include the name, address, phone number, and email address of the Vendor's main point of contact (to whom the City should direct correspondence). The main point of contact can be different that the Vendor's Project Manager.

III-5. WORK APPROACH
Describe the Vendor's approach to operating the City's Trolley Program that includes:

1. Operating Plan

2. Vehicle Overview and Maintenance Process

3. Staffing Process

4. Training Program

5. Safety Standards
III-6. EXPERIENCE
Describe the Vendor's capabilities and experience. List Vendor's experience working with similar projects. Note: The focus should be on recent and local project experience that is relevant to the Scope of Work outlined in this RFP.

III-7. KEY PERSONNEL
Provide an overview of the key personnel that will operate the City's Trolley Program. Submit a resume or other breakdown listing the experience of key personnel. Include a description of the relevant education and training, certificates and licenses, professional background, and years of experience with similar projects.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 15 of 46 I1I-8. FEE STRUCTURE
Provide an itemized breakdown of your proposed fees to operate the City's Trolley Program as described in this RFP. Make certain to include:
• The cost for the Vendor to move a wrapped shuttle vehicle to various locations within Laguna Niguel as specified in Section I-5 (Marketing Efforts). • The hourly rate to rent a non-wrapped shuttle vehicle (ADA-compliant, 25-foot shuttle vehicles with a 20-person occupancy) in support of special events hosted by the City, including the minimum number of hours required.
• The cost to operate the Trolley Program for five summers (between Memorial Day weekend and Labor Day weekend) where each year of service considers potential minimum wage increases. Note: if the Vendor requests an increase to the contract amount in consideration of minimum wage increases, the City will remind the Vendor that this section of the RFP and that the requested increase will likely not be approved.

III-9. OTHER INFORMATION
Provide additional information to help the City's review team evaluate your proposal in comparison to the proposal(s) submitted by other Vendors).

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 16 of 46

SECTION IV - EVALUATION / SELECTION OF PROPOSALS
IV-1. CLARIFICATIONS
The City reserves the right to seek written clarification of each proposal submitted. The City also reserves the right to require other evidence of minimum qualifications, technical, managerial, financial, or other abilities prior to selection.

IV-2. PROPOSAL EVALUATION AND SELECTION
The City will select a Vendor based on the evaluation of the submitted proposals. The City reserves the right to request a Best and Final Offer (BAFO) from the top ranked Vendors. The City will recommend the award of contract to the highest ranked and responsive Vendor.

IV-3. SINGLE OR MULTIPLE CONTRACTS
The City will award only one Vendor to provide all services described in this RFP.

IV-4. TERM
The contract will after it's fully executed after the contract is awarded at the City Council Meeting on March 1, 2022 (or, March 15, 2022). The contract will end after the Vendor has operated the City's Trolley Program for five years or, when OCTA discontinues funding the Trolley Program.

IV-5. COMPENSATION
The contract will be negotiated on a not-to-exceed price for goods and services.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 17 of 46

SECTION V - GENERAL REP INFORMATION
V-1. PUBLIC RECORDS
Responses to this RFP become the exclusive property of the City and are subject to the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in California Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Vendors who indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive.

In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", the Vendor agrees, upon submission of its proposal for City's consideration, to defend and indemnity the City from all costs and expenses, including attorney's fees, if any action or liability arising under the Public Records Act.

V-2. CANCELLATION
The City reserves the right to cancel this RFP or the contract award, at any time before execution of the contract by both parties, if cancellation is deemed to be in the best interest of the City. In no event shall the City have any liability for the cancellation of a contract award.

V-3. LATE PROPOSALS
All proposals that are not received by the RFP Due Date will not be considered and will not be returned to the Vendor. This includes proposals that are emailed. Delays due to mail and/or delivery handling, including but not limited to delays within the City's internal distribution systems, do not excuse the Vendor's responsibility for submitting the proposal to the correct location by the RFP Due Date.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 18 of 46 V-4. DISPUTES
In case of any doubt or differences of opinion as to the items or services to be furnished hereunder, or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties.

V-5. PROPOSER CERTIFICATIONS
By the act of submitting a Proposal in response to this RFP, the Proposer certifies that:

1. The Vendor has carefully examined all RFP documents, including the draft Agreement (attached as Attachment "B"), and all addenda, and fully understands the intention of the RFP is to perform all tasks as described in the Scope of Work of this RFP, and the proposal is made in accordance therewith. Except as otherwise noted as part of the proposal, the Vendor certifies that Vendor is ready, willing, and able to comply with all terms of the attached Agreement.

2. The Vendor is familiar with the local conditions under which the work will be performed.

3. The proposal is based upon the requirements described in the RFP, without exception, unless clearly stated in the response.

4. The Vendor accepts all of the terms of the City's Agreement and warrants that Vendor will fully meet all of the insurance requirements contained therein. If the Vendor wishes to amend or modify any terms of the Agreement, such amendment or modification must be stated in particularity in the Proposal. Proposed changes to the Agreement not stated at the time of proposal submission will not be considered. Changes stated will be considered but may not be agreed upon by the City for contract award. If the City does not agree with such noted changes, the Vendor may withdraw the proposed change, or the entire proposal and the City may elect to award the contract to the next highest ranked Vendor.

5. The Vendor certifies, and in the case of sole proprietorship, partnership, or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of Vendor's knowledge and belief, no elected official, employee, or person whose salary is payable, in whole or in part, by the City has a direct or indirect financial interest City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 19 of 46 in the proposal or in the services to which it relates, or in any of the profits thereof, other than as fully described in the Vendor's response to this RFP.

6. The Vendor has examined all parts of the RFP, including all requirements and contract terms and conditions thereof, and if its proposal is accepted, the Vendor shall accept the contract documents thereto, unless substantive changes are made in same without the approval of the Vendor.

7. The Vendor, if an individual, is of lawful age; is the only one interested in this proposal; and no person, firm, or corporation, other than that named, has any interest in the proposal, or in the proposed Agreement.

8. The Vendor has quality experience providing the types of services and duties as described within the Scope of Work of this RFP.

9. The Vendor shall also certify Vendor's state of residence.

V-6. NONDISCRIMINATION
By the act of submitting a proposal in response to this RFP, the Vendor certifies, under penalty of perjury, that the Vendor has not discriminated against minorities, women, or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in obtaining any required subcontracts.

V-7. PROPOSED LIABILITY
Vendors responding to this RFP do so solely at their expense, and the City is not responsible for any Vendor expenses associated with the RFP. By proposing, Vendors agree that doing so is at their own risk and the City shall have no liability related thereto. Finalists invited to participate in interview evaluations are responsible for scheduling and paying for their own travel arrangements. The City is not liable for any cost incurred by a Vendor in protesting any portion of the RFP documents or the City's selection decision.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 20 of 46 V-8. CITY REQUESTS FOR CLARIFICATION, ADDITIONAL RESEARCH, AND REVISIONS The City reserves the right to obtain clarification of any portion of a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Vendor to timely respond to such a request for additional information or clarification may result in a finding that the Vendor is non-responsive and consequent rejection of the proposal.

The City may obtain information from any legal source for clarification of any proposal. The City need not inform the Vendor of any intent to perform additional research in this respect or of any information thereby received.

The City may perform, at its sole option, investigations of any Vendor. Information may include, but shall not necessarily be limited to, current litigation and contracting references. All such documents, if requested by the City, become part of the public record and may be disclosed accordingly.

The City reserves the right to request revisions of any proposal after the date and time due and before award for the purpose of obtaining best and final offers.

V-9. REJECTION OF PROPOSALS
The City reserves the right to reject any or all irregularities or omissions in proposals submitted in response to this RFP to the extent it is determined to be in the best interest of the City to do so. Furthermore, the City reserves the right to reject any or all proposals or portions thereof submitted in response to this RFP. Proposals may be rejected for one or more of the following reasons, including but not limited to:

1. Failure of the Vendor to adhere to one or more of the provisions established in the RFP.

2. Failure of the Vendor to submit a proposal in the format specified herein.

3. Failure of the Vendor to submit a proposal within the time requirements established herein.

4. Failure of the Vendor to adhere to ethical and professional standards before, during, or following the proposal process.

The City may reject any proposal not in compliance with all prescribed public procurement procedures and requirements and may reject for good cause any or all proposals upon a finding by the City that it is in the public interest to do so. Rejected proposals are considered to be non- responsive.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 21 of 46 V-10. MODIFICATION OR WITHDRAWAL OF PROPOSAL BY VENDOR
A proposal may not be modified, withdrawn, or canceled by the Vendor following the time and date the proposals are due (RFP Due Date). Proposals submitted early may be modified or withdrawn only by notice to the City at the proposal submittal location prior to the time and date the proposals are due. Such notice shall be submitted to the Project Manager, by email, sent by a duly authorized representative of the Vendor submitting the proposal. All such communication shall be worded so as not to reveal the contents of the original proposal. Withdrawn proposals may be resubmitted prior to the time and date the proposals are due, provided that they are then fully in conformance with the RFP.

V-11. DURATION OF PROPOSAL
Proposal prices, terms, and conditions shall be firm for a period of at least ninety (90) days from the time and date proposals are due. Proposals shall not be subject to future price escalation or changes of terms during the ninety (90) day period.

V-12. LOCAL, STATE, AND FEDERAL REQUIREMENTS
The City intends to select a Vendor in accordance with California law and the City's municipal code. Selection of a Vendor under this process is not a guarantee of a contract award, nor is the award of a contract for any portion of the project a guarantee of award of a contract for any subsequent work. All work is subject to budgetary and funding constraints of the City.

The selected Vendor shall comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to the work under the Agreement, including, without limitation, the provisions of: (i) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (il) the Americans with Disabilities Act of 1990; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 22 of 46

SECTION VI - FORM TO BE SUBMITTED
Please complete and submit the following form as part of your proposal:

VI-1. Certification Statement
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 23 of 46 VI-1. CERTIFICATION STATEMENT (SUBMIT WITH PROPOSAL)
This certification statement is provided in response to the City of Laguna Niguel's RFP titled:

Summer Trolley Operation Services
All proposals must include this certification statement, signed by a duly constituted official legally authorized to bind the Vendor to both its proposal and cost schedule.

1. Proposal may be released in total as public information in accordance with the requirements of the laws covering the same. Any proprietary information has been clearly marked.

2. Proposal and cost schedule shall be valid and binding for ninety (90) days following the proposal due date or any revised proposal submission date, whichever is later, and will become part of the contract that is negotiated with the City.

3. The Vendor has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise.

4. The Vendor certifies that this proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition.

5. The Vendor has not had any communication with a City Councilmember in relation to their proposal. If so, Vendor will provide a copy of such communication for the public record.

6. The Vendor has never been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation.

Vendor's Signature Date
Print Name Title
Vendor's Federal Taxpayer Identification Number:

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 24 of 46

ATTACHMENT A - ROUTE MAP AND SCHEDULE
Summer Trolley Program
Memorial Day Weekend - Labor Day Weekend
Thursday - Sunday Service
Route Map and Schedule
Stop No. Stop Name
ОСТА 81
Also vieto
Laguna Niguel City Hall
OCTA
Matrolini
Salon
Pacific Coast Highway -
Southbound / Monarch Bay
Grown Valley Pkery Drive (connection to
Laguna Beach Trolley and
OCTA Bus Routes)
Ritz Carlton Drive
Library/
Civic Cente (connection to Laguna
Beach Trolley, Dana Point
Trolley, and OCTA BUs
Routes)
Pacific Coast Highway-
Northbound / Niguel Road
(connection to Laguna
Beach Trolley and OCTA Bus
Routes)
Pacific Coast Highway -
Legend
Northbound / Monarch Bay
Paine Road /connection to OCTA
- OCTA ROLAND
at Beat Piouta Bus Routes)
Beachi 0 025 05 15
Зміна
Leguns Nigel Trolley Transfer
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 25 of 46 Summer Trolley Program
Memorial Day Weekend - Labor Day Weekend
Thursday Schedule (between 9:00am - 9:00pm)
Shuttle No. 1 (South to North Route) Shuttle No. 2 (North to South Route) Laguna Niguel City Hall PCH (SB) / Monarch Bay Drive Ritz Carlton Drive PCH (NB) / Niguel Road PCH (NB) / Monarch Bay Drive Hall PCH (NB) / Niguel Road PCH (NB)/ Monarch Bay Drive Laguna Niguel City Hall Monarch Bay Drive Ritz Carlton Drive PCH (NB) / Niguel Road 9:00 9:07 9:08 9:10 9:12 9:00 9.02 9:15 9:16 9:18
9:20 9:27 9:28 9:30 9:32 9:38 9:20 9.22 9:28 9:35 9:36 9:38 9:40 9:47 9:48 9:50 9:52 9:58 9:40 9:42 9:48 9:55 9:56 9:58 10:00 10:07 10:08 10:10 10:12 10:18 10:00 10:02 10:08 10:15 10:16 10:18 10:20 10:27 10:28 10:30 10:32 10:38 10:20 10:22 10:28 10:35 10:36 10:38 10:40 10:47 10:48 10:50 10:52 10:58 10:40 10:42 10:48 10:55 10:56 10:58 11:00 11:07 11:08 11:10 11:12 11:18 11:00 11:02 11:08 11:15 11:16 11:18 11:20 11:27 11:28 11:30 11:32 11:38 11:20 11:22 11:28 11:35 11:36 11:38 11:40 11:47 11-48 11:50 11-52 11:58 11:40 11:42 11•48 11:55 11:56 11:58 12:00 12:07 12:08 12:10 12:12 12:18 12:00 12:02 12:08 12:15 12:16 12:18 12:20 12:27 12:28 12:30 12:32 12:38 12:20 12:22 12:28 12:35 12:36 12:38 12:40 12:47 12:48 12:50 12:52 12:58 12:40 12:42 12:48 12:55 12:56 12:58 13:00 13:07 13:08 13:10 13:12 13:18 13:00 13:02 13:08 13:15 13:16 13:18 13:27 13:28 13:30 13:32 13:38 13:20 13:22 13:28 13:35 13:36 13:38 13:20
13:40 13:47 13:48 13:50 13:52 13:58 13:40 13:42 13:48 13:55 13•56 13:58 14:00 14:07 14:08 14:10 14:12 14:18 14:00 14:02 14:08 14:15 14:16 14:18 14:20 14:27 14:28 14:30 14:32 14:38 14:20 14:22 14:28 14:35 14:36 14:38 14:40 14:47 14:48 14:50 14:52 14:58 14:40 14.42 14:48 14:55 14:56 14:58 15:00 15:07 15:08 15:10 15:12 15:18
15:20 15:27 15:28 15:30 15:32 15:38
15:40 15:47 15:48 15:50 15:52 15:58
16:00 16:07 16:08 16:10 16:12 16:18
16:20 16:27 16:28 16:30 16:32 16:38
16:40 16:47 16:48 16:50 16:52 16:58
17:00 17:07 17:08 17:10 17:12 17:18 17:00 17:02 17:08 17:15 17:16 17:18 17:20 17:27 17:28 17:30 17:32 17:38
17:40 17:47 17:48 17:50 17:52 17:58
18:00 18:07 18:08 18:10 18:12 18:18
18:20 18:27 18:28 18:30 18:32 18:38
18:40 18:47 18:48 18:50 18:52 18:58
19:00 19:07 19:08 19:10 19:12 19:18 Mill
19:20 19:27 19:28 19:30 19:32 19:38
19:40 19:47 19:48 19:50 19:52 19:58
20:00 20:07 20:08 20:10 20:12 20:18
20:20 20:27 20:28 20:30 20:32 20:38
20:40 20:47 20:48 20:50 20:52 20:58
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 26 of 46 Summer Trolley Program
Memorial Day Weekend - Labor Day Weekend
Friday and Saturday Schedule (between 10:00am - 10:00pm) Shuttle No. 1 (South to North Route) Shuttle No. 2 (North to South Route) Laguna Niguel City Hall PCH (SB) / Drive Ritz Cariton Drive PCH (NB) / Niguel Road PCH (NB) / Drive PCH (NB) / Niguel Road PCH (NB) / Monarch Bay Drive Laguna Niguel City Hall Monarch Bay Drive Riz Carlton Drive 10:00 10:07 10:08 10:10 10:12 10:18 10:00 10:02 10:15 10:16 10:20 10:27 10:28 10:30 10:32 10:38 10:20 10:22 10:28 10:35 10:36 10:38 10:40 10:47 10:48 10:50 10:52 10:58 10:40 10:42 10:48 10-55 10:56 10:58 11:00 11:07 11:08 11:10 11:12 11:18 11:00 11:02 11:08 11:15 11:16 11:18 11:20 11:27 11:28 11:30 11:32 11:38 11:20 11-22 11:28 11-35 11:36 11:38 11:40 11:47 11:48 11:50 11:52 11:58 11:40 11:42 11:48 11:55 11:56 11:58 12:00 12:07 12:08 12:10 12:12 12:18 12:00 12:02 12:08 12:15 12:16 12:18 12:20 12:27 12:28 12:30 12:32 12:38 12:20 12:22 12:28 12:35 12:36 12:38 12:40 12:47 12:48 12:50 12:52 12:58 12:40 12:42 12:48 12:55 12:56 12:58 13:00 13:07 13:08 13:10 13:12 13:18 13:00 13:02 13:08 13:15 13:16 13:18 13:20 13:27 13:28 13:30 13:32 13:38 13:20 13:22 13:28 13:35 13:36 13:38 13:40 13:47 13:48 13:50 13:52 13:58 13:40 13:42 13:48 13:55 13:56 13:58 14:00 14:07 14:08 14:10 14:12 14:18 14:00 14:02 14:08 14:15 14:16 14:18 14:20 14:27 14:28 14:30 14:32 14:38 14:20 14:22 14:28 14:35 14:36 14:38 14:40 14:47 14:48 14:50 14:52 14:58 14:40 14-42 14:48 14:55 14:56 14:58 15:00 15:07 15:08 15:10 15:12 15:18 15:00 15:02 15:08 15:15 15:16 15:18 15:20 15:27 15:28 15:30 15:32 15:38 15:20 15:22 15:28 15:35 15:36 15:38 15:40 15:47 15:48 15:50 15:52 15:58 15:40 15:42 15:48 15:55 15:56 15:58 16:00 16:07 16:08 16:10 16:12 16:18 16:00 16:02 16:08 16:15 16:16 16:18 16:20 16:27 16:28 16:30 16:32 16:38 16:20 16:22 16:28 16:35 16:36 16:38 16:40 16:47 16:48 16:50 16:52 16:58 16:40 16:42 16:48 16:55 16:56 16:58 17:00 17:07 17:08 17:10 17:12 17:18 17:00 17:02 17:08 17:15 17:16 17:18 17:20 17:27 17:28 17:30 17:32 17:38 17:20 17:22 17:28 17:35 17:36 17:38 17:40 17:47 17:48 17:50 17:52 17:58 17:40 17:42 17:48 17:55 17:56 17:58 18:00 18:07 18:08 18:10 18:12 18:18 18:00 18:02 18:08 18:15 18:16 18:18 18:20 18:27 18:28 18:30 18:32 18:38 18:20 18:22 18:28 18:35 18:36 18:38 18:40 18:47 18:48 18:50 18:52 18:58 18:40 18:42 18:48 18:55 18:56 18:58 19:00 19:07 19:08 19:10 19:12 19:18 19:00 19:02 19:08 19:15 19:16 19:18 19:20 19:27 19:28 19:30 19:32 19:38 19:20 19:22 19:28 19:35 19:36 19:38 19:40 19:47 19:48 19:50 19:52 19•58 19:40 19:42 19:48 19:55 19:56 19:58 20:00 20:07 20:08 20:10 20:12 20:18 20:00 20:02 20:08 20:15 20:16 20:18 20:20 20:27 20:28 20:30 20:32 20:20 20:22 20:28 20:35 20:36 20:38 20:40 20:47 20:48 20:50 20:52 20:58 20:40 20:42 20:48 20:55 20:56 20:58 21:00 21:07 21:08 21:10 21:12 21:18 21:00 21:02 21:08 21:15 21:16 21:18 21:20 21:27 21:28 21:30 21:32 21:38 21:20 21:22 21:28 21:35 21:36 21:38 21:40 21:47 21:48 21:50 21:52 21:58 21:48 21:55 21:56 21:58 City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 27 of 46 Summer Trolley Program
Memorial Day Weekend - Labor Day Weekend
Sunday Schedule (between 11:00am - 9:00pm)
Shuttle No. 1 (South to North Route) Shuttle No. 2 (North to South Route) Laguna Niguel City Hall PCH (SB) / Monarch Bay Drive Ritz Carlton Drive PCH (NB) / Niguel Road PCH (NB) / Monarch Bay Drive PCH (NB) / Niguel Road PCH (B) / Monarch Bay Drive Laguna Niguel City Hall Monarch Bay Drive Ritz Carlton Drive PCH (NB) / Niguel Road 11:07 11:08 11:10 11:12 11:18 11:00 11:02 11:08 11:15 11:16 11:18 11:00
11:20 11:27 11:28 11:30 11:32 11:38 11:20 11:22 11:28 11:35 11:36 11:38 11:40 11:47 11:48 11:50 11:52 11:58 11:40 11:42 11:48 11:55 11:56 11.58 12:00 12:07 12:08 12:10 12:12 12:18 12:00 12:02 12:08 12:15 12:16 12:18 12:20 12:27 12:28 12:30 12:32 12:38 12:20 12:22 12:28 12:35 12:36 12:38 12:47 12:48 12:50 12:52 12:58 12:40 12:42 12:48 12:55 12:56 12.58 12:40
13:00 13:07 13:08 13:10 13:12 13:18 13:00 13:02 13:08 13:15 13:16 13:18 13:20 13:27 13:28 13:30 13:32 13:38 13:20 13:22 13:28 13:35 13:36 13:38 13:40 13:47 13:48 13:50 13:52 13:58 13:40 13:42 13:48 13:55 13:56 13:58 14:00 14:07 14:08 14:10 14:12 14:18 14:00 14:02 14:08 14:15 14:16 14:18 14:20 14:27 14:28 14:30 14:32 14:38 14:20 14:22 14:28 14:35 14:36 14:38 14:40 14:47 14•48 14:50 14:52 14:58 14:40 14:42 14:48 14:55 14:56 14:58 15:07 15:08 15:10 15:12 15:18 15:00 15:02 15:08 15:15 15:16 15:18 15:00
15:20 15:27 15:28 15:30 15:32 15:38 15:20 15:22 15:28 15:35 15:36 15:38 15:40 15:47 15:48 15:50 15.52 15:58 15:40 15:42 15•48 15:55 15:56 15:58 16:00 16:07 16:08 16:10 16:12 16:18 16:00 16:02 16:08 16:15 16:16 16:18 16:20 16:27 16:28 16:30 16:32 16:38 16:20 16:22 16:28 16:35 16:36 16:38 16:40 16:47 16:48 16:50 16:52 16:58 16:40 16:42 16:48 16:55 16:56 16:58 17:07 17:08 17:10 17:12 17:18 17:00 17:02 17:08 17:15 17:16 17:18 17:00
17-20 17:27 17:28 17:30 17:32 17:38 17:20 17:22 17:28 17:35 17:36 17:38 17:40 17:47 17:48 17:50 17:52 17:58 17:55
18:00 18:07 18:08 18:10 18:12 18:18 18:00 18:02 18:08 18:15 18:16 18:18 18:20 18:27 18:28 18:30 18:32 18:38 18:20 18:22 18:28 18:35 18:36 18:38 18:40 18:48 18:50 18:52 18:40 18:42 18:48 18:55 18:58
19:00 19:07 19:08 19:10 19:12 19:00 19:02 19:08 19:15 19:16 19:18 19:20 19:27 19:28 19:30 19:32 19:38 19:20 19:22 19:28 19:35 19:36 19:38 19:40 19:47 19:48 19:50 19:52 19:58 19:40 19:42 19:55 19:56 19:58 20:00 20:07 20:08 20:10 20:12 20:18 20:08 20:16 20:18
20:20 20:28 20:30 20:32 20:38 20:22 20:28 20:36 20:38
20:40 | 20:47 20:48 20:50 20:52 20:58 20:40 20:42 20:48 20:55 20:56 20:58 City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 28 of 46

ATTACHMENT B - CITY'S SAMPLE PROFESSIONAL SERVICES AGREEMENT

AGREEMENT FOR PROFESSIONAL SERVICES
(PUBLIC WORKS DEPARTMENT)
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on _ by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and [Company Name], a „hereinafter the "Consultant".

RECIIALS:

A. The City desires to contract with selected professional consultants to provide professional [architectural/engineering/special inspection & testing services to support the Public Works Department in the following categories: 1) Design Engineering, 2) Plan Checking; 3) Project and Program Management and 4) Construction Management and/or Inspection Services.]
B. The City circulated a Request for Proposals for the above-described professional services on _20
C. Consultant submitted a proposal to City to provide the above-described professional services dated
D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.

The City desires to enter into an agreement with Consultant for the above- described professional services.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 29 of 46 Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in the Scope of Services ("Scope of Services") which is attached hereto as Exhibit "A."

2. Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.

Term. This Agreement shall become effective on the date stated above and will continue in effect [for a period of days thereafter] [or until the work required by this Agreement is completed] subject to termination as provided in paragraph 27, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.

4. Payment.

A. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Compensation) for the not to exceed sum of $xxxx.

Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.

5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the professional services required by the Scope of Services shall be the property of the City and shall be provided by Consultant to City upon their completion and payment of relevant invoices, or in the event the Agreement is terminated prior to completion, Consultant shall provide all work in progress, subject to payment of relevant invoices. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate. Reuse or modification of any such documents by the City for purposes outside of the Scope of Services set forth in this Agreement, without Consultant's written permission, shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse by City or others acting through City; however City shall not be liable for any unauthorized use by third parties.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 30 of 46 Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth in the attached Exhibit "C" (Schedule of Performance). Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for, or be deemed in breach of delays caused by, any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the City, third parties, or other governmental agencies.

Consultant Supply Instrumentalities. Consultant shall supply all instrumentalities required to perform the services under this Agreement.

8. Licenses: Standard of Care.

A. Qualifications. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

B. Standard of Care. Consultant shall perform the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement.

Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services to eliminate the errors.

9. Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of

10. Prevailing Wages.

A. Public Works. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 31 of 46 regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.

B. Contracts. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of paragraph A of this Section.

C. Registration with DIR. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement.

Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

D. Compliance Monitoring. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR.

Consultant shall post job site notices, as prescribed by DIR regulations.

E. Copies of Per Diem Wages. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

F. Penalties. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

G. Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 32 of 46 subcontractor to: (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (2) certify and make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records.

H. Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

Debarment or Suspension. The Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

J. Overtime. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

K. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 33 of 46 compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Subcontractors. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

Indemnification. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions arising out of the payment of prevailing wages by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.

Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.

13. Independent Consultant. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 34 of 46 Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.

14. Administration. This Agreement will be administered by the Public Works Department. The Public Works Director or his or her designee shall be considered the Project Manager and shall have the authority to act for the City under this Agreement.

The Project Manager shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.

15. Progress. Consultant is responsible to keep the Project Manager informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.

16. Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement.

17. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.

18. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. Consultant agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.

19. Indemnification.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 35 of 46 A. General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including fees of accountants and other professionals, and all costs associated I therewith, and reimbursement of attorneys' fees and costs of defense, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement.

Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.

C. Subconsultants. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 36 of 46 the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

Survival and Offset. The provisions of this Section 19 shall survive the termination of this Agreement. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.

20. Liability Insurance.

A. Insurance Policies. Without limiting Consultant's indemnification of City as described in paragraph 19, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.

Insurance Coverage. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 37 of 46 Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement.

Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Cyberliability Insurance. Consultant shall maintain cyberliability insurance in the amount of $5,000,000.00 per occurrence providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data; (i) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft; and (iv) violation of privacy rights due to a breach of City Data.

D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultant.

Duration of coverage Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors.

F. Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein 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 City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 38 of 46 G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

H. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

L. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 39 of 46 M. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

O. Pass Through Clause. Consultant agrees to ensure that its subcontractor, endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.

P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.

Q. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

R. Timely notice of claims. Consultant shall give City prompt and timely notice f claims made or suits instituted that arise out of or result from Consultant's performanc nder this Agreement. and that involve or may involve coverage under any of the require liability policies.

S. Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 40 of 46 employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.

23. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. • All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

Notices. Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).

CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Email:

CONSULTANT: Company Name
Attn: Name
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 41 of 46 Business Mailing Address
City, State, Zip Code
Email:

25. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Scope of Services hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

26. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.

27. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.

28. Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the Consultant that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days in advance of the termination date.

Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.

29. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.

30. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 42 of 46 be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

Severability. If any provision in this Agreement is held by a court of competent Jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

33. Authority to Sign. The person(s) executing this Agreement on behalf of the Consultant warrants and represents that they the authority to execute this Agreement on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 43 of 46 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:

Eileen C. Gomez,
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Kevin G. Ennis
City Attorney
"CONSULTANT"

COMPANY NAME
By:

Print Name:

Title:

By:

Print Name:

Title:

City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 44 of 46 EXHIBIT "A"

SCOPE OF SERVICES
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 45 of 46 EXHIBIT "B"

COMPENSATION
[The method of compensation may include: (i) a lump sum payment upon completion of completion of the services, (iii) payment for time and materials based upon Consultant's rates, provided that time estimates are provided for the performance of sub tasks, but not exceeding the not-to-exceed sum or (iv) such other methods as may be agreed upon between the parties.]
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 46 of 46

ATTACHMENT C
Vehicle Wrap for Summer Trolley Operation Services

ROM THEI
LO TO THE SCa

FREE TROLLEY

CITY OF LAGUNA NIGUEL
Mamoral Day Labor Days Touriday - Sunday
Copports 19 Train foe
Cana Polk Lina Orchi
ENTROLLEY.COM

FREE TROLLEY FREE TROLLEY
CITY OF LAGUNA NIGUEL Minise l Memorial Day - Labor Day Thurs - Sure

INTROLLEY COM
ENTROLLEY.COM
yea

ATTACHMENT D
RFP Evaluation Summary
City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
(949) 362-4337 - www.cityoflagunaniguel.org/pw
RFP Name: Summer Trolley Operation Services
RFP Issue Date: 1/1/2022
RFP Due Date: 1/31/2022
No. of Bidders:

Evaluation Summary
Consultant Name Evaluation Average Evaluation Ranking
LAZ Parking California, LLC 96
Transportation Concepts 90

ATTACHMENT E
Professional Services Agreement with
LAZ Parking California, LLC

AGREEMENT FOR PROFESSIONAL SERVICES

SUMMER TROLLEY PROGRAM
Summer Trolley Transit Operation Services
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made _ ('Effective Date"), by and between
the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and LAZ Parking California, LLC, a Limited Liability Company, hereinafter the "Consultant".

RECILALS:

A. The City desires to contract with an experienced transportation company to operate the City's Summer Trolley Program for five summers, including the following deliverables: 1) Operation of the Summer Trolley Program including but not limited to staffing, training, vehicle maintenance, storage, safety program; 2) Provision of real-time destination information, automatic passenger counts, GPS trackers, passenger surveys, and the collection of other data as required; and 3) Special event shuttle vehicles payable at $95/hour with a four hour minimum, and hereinafter collectively referred to as the, "Summer Trolley Program.

B. Pursuant to the Cooperative Agreement No. C-9-1845 between the Orange County Transportation Authority ("OCTA") and the City, dated February 20, 2020 ("Cooperative Agreement"), OCTA agreed to provide the City with grant funding to implement a Summer Trolley Program for five summers, subject to the Summer Trolley Program maintaining certain performance metrics established by OCTA.

C. OCTA approved delaying the start of the Summer Trolley Program to the summer of 2022 and extending the availability of the grant funding through summer of 2027, due to circumstances surrounding the COVID-19 pandemic.

D. The City circulated a Request for Proposals for the above-described professional trolley transit operational services on January 1, 2022.

E. Consultant submitted a proposal to City to provide the above-described professional trolley transit operational services dated January 30, 2022.

F. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required professional trolley transit operational services should be awarded to Consultant.

G. The City desires to enter into an agreement with Consultant for the above- described professional trolley transit operational services.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:

Services to be Performed by Consultant. Consultant agrees to perform the professional trolley transit operational services for City and to prepare and deliver the work products to City ("services"), in a manner satisfactory to City, as described in the Scope of Services (Scope of Services and Compensation") which is attached hereto as Exhibit "A."

2. Additional or Different Services. Any proposed changes in the Scope of Services and Compensation which are the subject of this Agreement shall be made only by written amendment to this Agreement.

Term. This Agreement shall become effective on the Effective Date and will continue in effect until September 30, 2027 or, until the City no longer receives funding from OCTA pursuant to Cooperative Agreement, subject to termination as provided in paragraph 28, except the indemnification provisions contained in paragraph 19 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.

4. Payment.

Payment for Services. City agrees to pay Consultant for providing the Services which are described in the Scope of Services and Compensation, and to pay for those Services in the amount and in the manner and at the times set forth in the Scope of Services and Compensation for the not to exceed sum of $973,408 ("Maximum Compensation") for the Summer Trolley Program.

B. Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the Services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.

5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the Services required by the Scope of Services and Compensation shall be the property of the City and shall be provided by Consultant to City upon their completion and payment of relevant invoices, or in the event the Agreement is terminated prior to completion, Consultant shall provide all work in progress, subject to payment of relevant invoices. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate. Reuse or modification of any such documents by the City for purposes outside of the Scope of Services and Compensation set forth in this Agreement, without Consultant's written permission, shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse by City or others acting through City; however City shall not be liable for any unauthorized use by third parties.

6. Time is of the Essence and Force Majeure. Consultant agrees to perform the Services provided for herein in strict accordance with any schedules set forth in the Scope of Services and Compensation. Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for, or be deemed in breach of delays caused by, any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the City, third parties, or other governmental agencies.

7. Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities required to perform the Services under this Agreement.

A. Drivers. All trolley drivers shall have a valid California Driver's license and any other state certification required for operation of the trolley. Further, all trolley drivers shall have received all training as required by Contractor and applicable law. Contractor shall monitor DMV records of drivers to ensure their continued qualification and suitability for Trolley operations. Contractor shall review current DMV reports on all applicants for the position of driver and shall reject any application with any failure to appear in court for driving under the influence or other violations. Contractor shall join and bear full cost of the DMV Employer Pull Notice Program, whereby Contractor shall be notified of any activity on a driver's record. Any trolley driver exceeding the DMV point system or with a revoked or suspended license shall not operate a trolley.

B. Driver Uniform and Appearance Standards. Contractor shall develop a dress code that shall be subject to City's prior approval. At all times while on duty, trolley drivers shall be in complete uniform and neat in appearance.

C. Driver Removal. City may require Contractor to replace any trolley driver not acceptable to City for performance reasons. City may require Contractor to immediately remove from trolley operations, pending Contractor's investigation, any trolley driver, in City's sole discretion.

D. Equipment Condition. Each trolley shall satisfy the following standards, in addition to any other standards set forth in Exhibit "A":
(1) Be clean inside, including vehicle floors being swept and mopped and the driver's area wiped down. This shall include dash controls, the dashboard, and the areas above the drive and along the front dashboard.
(2) Have fully operational wheelchair lifts.
(3) Be free of body damage and have no missing or unpainted panels.
(4) Be free of graffiti on the exterior and on the interior of the vehicle. (5) Have all safety items fully operational (i.e., lights, brakes, horn, tires, wheelchair tie downs, etc.)
(6) Be properly fueled, serviced, maintained, repaired and stored by Contractor.
(7) Be in compliance with all applicable laws, including but not limited to, the Americans with Disabilities Act.

8. Licenses; Standard of Care.

Qualifications. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such Services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the Services required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

B. Standard of Care. Consultant shall perform the Services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement.

Should any errors caused by Consultant be found in such Services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services and Compensation to eliminate the errors.

Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.

10. This section is not applicable.

11. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.

Subcontracting Subject to Approval. Consultant may not subcontract any portion of the Services required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.

Independent Consultant. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City. No civil service status or other right of employment will be acquired by virtue of Contractor's Services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor.

Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices.

City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section.

14. Administration. This Agreement will be administered by the Public Works Department. The Public Works Director or his or her designee shall be considered the City Representative and shall have the authority to act for the City under this Agreement.

The City Representative shall represent the City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

Progress. Consultant is responsible to keep the City Representative informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.

Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's Services under this Agreement.

17. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the Services being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the Services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.

18. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City.

19. Indemnification.

A. General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof), including Liabilities of infringement or violation of any third party intellectual property, in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' reasonable choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense.

B. For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement.

Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.

Subconsultants. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or penalty or interest asserted against City.

Survival and Offset. The provisions of this Section 19 shall survive the termination of this Agreement. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.

20. Liability Insurance.

A. Insurance Policies. Without limiting Consultant's indemnification of City as described in paragraph 19, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.

C. Insurance Coverage. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident.

Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than five (5) years after completion of the services required by this agreement.
4) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
5) Cyberliability Insurance. This section is not applicable.

D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultant.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subcontractors.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein 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 City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

H. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

1. Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

K. Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

L. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

M. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

N. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policyies) shall not contain any cross-liability exclusions.

Pass-through clause. Consultant agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.

P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.

Q. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

R. Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

21. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Services and Compensation.

23. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

Notices. Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (i) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (ii) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).

CITY: City of Laguna Niguel
Attn: Russell Narahara, Public Works
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Email: [email protected]
CONSULTANT: LAZ Parking California, LLC
Attn: Mario Montenegro
1200 Wilshire, Suite #100B
Los Angeles, CA 90017
Email: [email protected]
With a copy to:

LAZ Parking California, LLC
One Financial Plaza, 14th Floor
Hartford, CT 06103
Attn: Legal Department
Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Scope of Services and Compensation hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the Each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

26. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.

27. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.

28. Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the Consultant that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days in advance of the termination date.

Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.

29. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.

30. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

32. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

33. Authority to Sign. The person(s) executing this Agreement on behalf of the Consultant warrants and represents that they the authority to execute this Agreement on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

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

CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:

Thy M. Merritt,
Acting City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Kevin G. Ennis
City Attorney
"CONSULTANT"
LAZ Parking California, LLC
By:

Print Name:

Title:

By:

Print Name:

Title:

EXHIBIT "A"

SCOPE OF SERVICES AND COMPENSATION

FREE TROLLEY

CITY OF LAGUNA NIGUEL
LAZ Parking' s Proposal for
City of Laguna Nigel
Summer Trolley Transit
Operations Service
Submitted January 30, 2022
LAZ

TRANSPORTATION SERVICES
1 | Page

COVER LETTER
January 30, 2022
Russell Narahara
Director of Public Works
City of Laguna Niguel
Re: Summer Trolley Service
Dear Mr. Narahara:

I am pleased to present LAZ Parking's response to the Summer Trolley service. The local management team at LAZ Parking has over 60 years of transportation related experience, with most of that experience in Southern California.

As a local company, our focus is on providing the City of Laguna Niguel a cost-effective solution to their trolley program; while at the same time providing the most reliable, safest and resident friendly program that will adjust to the changing demands of the City.

LAZ has a dedicated Transportation division that holds decades of experience with various transportation operations. LAZ will assign an experience manager to oversee the program along with a seasoned support team familiar with operating a trolley system. The trolley team will have support by the General Manager, Portfolio Manager, and our VP of Transportation - all with experience running the trolley programs in South Orange County.

Our local team has unrivalled industry knowledge and experience specific to municipalities, with active, hands-on management experience. Together they have managed the following local trolley operations:

P City of Laguna Beach
City of Dana Point
City of San Clemente
City of San Juan Capistrano
City of Newport Beach
City of Mission Viejo

CURRENT STAFFING CHALLENGES
Finding drivers in the current market during the peak summer months has increased with the current labor shortage. Qualified commercial drivers are harder to find with COVID. Last year we had to pay rates of $26 - $28 to lure drivers from other positions or off the sofa to fill vacant positions. Our current budget is based on paying $28 / hour to ensure we have drivers to fill the trolley positions.

COMPANY BACKGROUND
Formed in 1981, LAZ Parking is headquartered in Hartford, CT, and San Diego, CA with regional offices in Atlanta, Boston, Chicago, Columbus, Dallas, Los Angeles, Miami, New York, Philadelphia, San Francisco, Seattle, and Washington DC. Revenues in 2018 exceeded $1.4B 2 | Page
The company has over 20 years of running daily passenger service for a multitude of clients including airports, government agencies, universities, and private companies. LAZ currently operates over 200 shuttles and trolleys in CA alone.

LAZ Parking is the second largest parking and transportation service provider in the United States, managing more than 3,000 locations in 413 cities. We have built our reputation on being among the most trusted, stable, and innovative parking solution providers in the United States. We are committed to providing our clients with superior customer service through on-going technological and administrative automation, based upon our corporate goal of being the "highest quality" provider of parking and transportation management services. We are committed to employing industry leading best practices to achieve "Operational Excellence".

As our company has continued to grow, our founders, the three original partners, are still deeply involved with the company, bringing their strengths to various aspects of our business. The success of their business stems from building strong client relationships, empowering employees to "Think like an Owner," and never losing touch with their roots. LAZ brings experience and strength under its parking management umbrella, including Airport, University and many government contracts. LAZ employs more than 13,000 parking and transportation professionals who are dedicated to providing the highest level of service in the industry. The loyalty and care that our employees have for their jobs and their customers is unmatched in the industry.

Our plan is to provide the City of Laguna Niguel with a proactive trolley program designed to provide residents and visitors safe and reliable transportation within the City, to help reduce traffic congestion and meet the changing needs of the City as the program develops.

LAZ Parking has read the terms and conditions of the contract and agrees to fully comply with the City and the requests made by OCTA. Operations will be managed from our office in Costa Mesa.

LAZ can have one of the trolleys wrapped prior to your Summer Kick off if the contract is fully executed in early April. This will allow the City to truly promote the program with the actual trolley.

We thank you for considering our proposal and we trust you will find that LAZ is committed to making the Summer Trolley Program a success and making it an annual fixture for the residents and visitors of Laguna Niguel.

Respectfully,
Bly
Ralph L. Caldin Jr.

Vice President Transportation
714-722-0242
[email protected]
3 | Page
Table of Contents

1. Work Approach. ..Page 4
a. Operating Plan Page 4
b. Vehicles and Maintenance Page 9
c. Staffing & Communication Page 14
d. Training Page 18
e. Safety Page 27

2. Experience... ...... Page 29

3. Key Personnel. ..Page 31

4. Fee Structure.. ..Page 35

5. Distinguished Differences. ..Page 36

6. Certification Statement. ...Page 39
4 Page

WORK APPROACH

OPERATING PLAN
As the core of this proposal, LAZ has proposed a dedicated management team with decades of trolley transportation management experience. In addition to the highly qualified field managers, the LAZ Parking Transportation Division and the Regional Team will be actively involved in the transition and ongoing management of the City's Trolley operations.

LAZ will provide trolley bus services for the city in a safe, friendly and very efficient manner. We will provide the highest level of customer service and stellar management according to the terms of the Agreement. We will manage the trolley services based on the City's desired operations schedule. We will provide all labor, supervision, and materials in order to provide the highest level of customer service, develop staffing plans and operating procedures and perform all other services required for the management and operation of the shuttle bus services.

The management, staff and employees of LAZ Parking are dedicated to a safe working environment at all company facilities. In addition, we are committed to performing our obligations to the student ridership in a safe and efficient manner. Therefore, we will assign all company personnel to Safety Service Teams at their faculties.

Employees are required to participate in all Safety Team related activities including:
• Team Meetings
• Team Training & Skills Tests
• Team Driver/Employee Evaluations
• Team Surveys & Questioners
Great passenger relations are an essential part of an effective shuttle operation. The ability to interact with passengers in a positive and productive manner will affect the image of the City and LAZ Parking.

All drivers must uphold the following:
• Provide Safe, Reliable & Expert Service
• Be Courteous & Patient
• Avoid Arguments
• Support & explain policy when dealing with passenger questions Our service plan includes two approaches:

1. Daily Reliability

2. Route Enhancements
5 | Page

1. Daily Reliability
Staffing
At LAZ we require managers to spend a large percentage of their time in the field, observing driver habits, assisting students, guiding supervisors and having an in-depth knowledge of the operations.

For Laguna Niguel we are going to have the following staff serving the City during all hours of operation.

All employees assigned to the City will be Class B certified and able to drive at a moment's notice:
(1) General Manager as needed
(1) Portfolio Manager as needed
(1) Supervisor Full-time 100% of their time in the field (4) Regular Drivers Part Time 100% dedicated
(4) Back Up Drivers Part Time Cross Trained to fill in as needed One of the most important responsibilities of the Onsite Supervisor will be scheduling and staffing the shuttles with professionally uniformed and groomed drivers, providing a positive and professional first and last impression of City and its valued riders on each route. We will routinely refine our plan based on your operating history and other factors affecting the routes and ridership demand (such as peak times, Holidays, and traffic delays), ensuring a sufficient number of buses and drivers are present during the times they are most needed for each route. Regardless, should the City request additional staffing for any reason and at any time, we will be able to immediately respond to your needs.

As part of the hiring process, LAZ seeks individuals with open flexibility and the availability to work on multiple routes. By doing so, this makes it easier for our Managers to have on hand the amount of staff they need at any given time. Because of our strength in South County and due to the fact, we operate 6 other trolley programs we use our most experienced drivers to train in all locations. This will now include the City of Laguna Niguel, as we will have multiple back up drivers to ensure service is not disrupted.

Trolleys
In addition to ensuring we have sufficient staffing; it is also critical to ensure we have sufficient practices in place to ensure trolley reliability. Aside from a stringent maintenance program discussed in the next section our proposal includes a backup shuttle. The plain white shuttle will be ready to respond to any mechanical issue or accident that may affect service. Should a breakdown occur, the Manager will have immediate access to a backup shuttle and will replace it within 30 minutes.

Our goal is always to focus on the least amount of disruption to the residents and to maintain the established schedules.

LAZ is committed to 30-minute replacement for any trolley breakdown!!! 6 | Page

2. Route Enhancements
The Ride System offers both real-time arrival predictions and messaging directly to passengers through smartphone mobile apps, Web, electronic signs, and via telephone IVR and SMS. The solution uses real- time GPS data in combination with stored GIS shapes for lines and stops, schedule definitions, and historical travel time data to generate real-time bus arrival predictions for every stop along a route.

Vehicle behavior at time points, scheduled breaks, split shifts, interlining, etc. are all accounted for when calculating the times. This approach allows the system to adapt to changing travel conditions, and because arrival times are updated with every AVL position report, they are not limited to vehicle schedule performance at the last time point.

In addition to providing real-time bus arrival information, the System provides transit management the ability to send customized messages in real-time to riders. And extensive management and reporting capabilities support the system with map-based displays of all routes and vehicles.

Peripheral Ride transit IT systems are extensive, and include automatic passenger counters (APC's), automated voice announcements (Ride Stop), mobile data terminals/GPS trackers, driver silent alarms, engine diagnostics/ telemetry, and various types of signage - including installation and maintenance of hardware and services including cellular wireless data access management. These services are available at an additional cost.

Real-time information ensures your fleet is consistently operating at its best.

Ride provides trolley operators the information they need to manage daily shuttle operations more productively. To assess situations in real-time, managers and operators can view their entire fleet on a live map displaying vehicle specific information including:
• Vehicle ID
• Assigned route
• Direction of travel
• Current service status
• Geographical location
• Current speed of travel
• Number of passengers
Headway statistics
Schedule adherence
Benefits
• Save money by optimizing existing routes and schedules - User-friendly interface requires minimal training
- Custom reports maximize transit
Planning efficiency
- Ability to run buses less frequently while maintaining rider satisfaction - Reduce and readily resolve passenger complaints
Enables agencies to respond to accidents and other incidents 7 | Page
Out-of-service vehicles are shown and indicated as such. A replay feature available on both the computer platform and tablet map, enables an authorized user to graphically analyze the behavior of a vehicle or a group of vehicles for a time in the past. The management system also offers an extensive collection of customizable reports, which can be exported as.txt, csv, or printable screen formats for further analysis Communication with Riders
We understand the demands of today's
society. Whether it's getting to school on
time, getting to work, getting to an activity
or just getting home after a long day -
residents and visitors alike want and need a
reliable shuttle program.

Each shuttle will be equipped with real time
GPS tracking. Students will be able to
download an app and see exactly when the
shuttle will be arriving. We can also send out
push notices if there is a delay, upcoming
changes to the schedule, holiday greetings or a reminder the semester shuttle service is ending.

Standing at the curb or sitting in front of their computer all users will have access to the shuttle status at the tip of their fingers.

Continuous Improvement
The LAZ Manager assigned to service the City will be
required to spend 90% of his time in the field. It is
critical that he use the tools provided to him to
continuously improve the shuttle operations. As
part of our proposal we have included a number of
technological features. Those features will help the
have a better experience, provide Improving your analysıs and decision making residents
As part of the Ride Systems automatic vehicle location
• Easy to generate (AVL) system you'll have access to a large database transparency to the City and provide us with data to
• Easy to merarel
of intor mation including meet managemer repors or
• Hundreds of options lime pertormance reports headway reports dispalch make recommendations based on changing trends Graphs and chart reports geo fence reports arrival and departure Export preference
at the City. it no ton spears and vent isory repons

CASE STUDY - MISSION VIEJO
The City of Mission Viejo is operating its Circulator under the grant terms of PROJECT V, the same grant used by the City for the trolley operations. The City changed operators in October 2019 because ridership was at only 8 riders per hour. In less than 3 months we increased ridership to over 12, a 50% increase.

This was done by a focus on the quality of the operations. As a result, the City is able to continue its program.
8 | Page

VEHICLES AND MAINTENANCE PLAN
All shuttles will be newer models with less than 60,000 miles. All shuttles will be equipped with GPS and will be ADA compliant with the capacity to carry 20 passengers or 16 passengers and 2 wheelchairs.

Vehicle Maintenance Procedures
LAZ Parking will maintain shuttles and equipment in a safe, clean, operable and sanitary condition. All our vehicles and equipment will meet all Federal, State, and Local regulations. We will handle the daily maintenance, inspection and cleaning of all vehicles and equipment utilizing internal staff. The individual shuttles will have their own maintenance folders. Each time a shuttle has an issue for which maintenance is performed or repairs are made, a maintenance form must be completed, a copy of the invoice must be stapled to the form and it must be filed in the shuttle's maintenance folder. Throughout the entire period of this Contract, we will maintain in good repair and safe working order all vehicles and other Operating Equipment assigned and/or leased for the use under this Contract. We will provide a Vehicle Maintenance and Repair Plan for the University's approval prior to contract commencement. The Vehicle Maintenance and Repair plan will include preventive maintenance schedules, and vehicle maintenance procedures, for use in the maintenance of all shuttle buses, service vehicles and Operating Equipment. We will also assure the following:
• Comply with warranties for vehicles
• Inspect vehicles daily for damage
• Keep maintenance and repair records
• Adhere to current CDC COVID cleaning and sanitizing guidelines LAZ provides industry-leading maintenance that drives down road failures, moves repairs from unscheduled to scheduled, and focuses on efficient communication.

Providing our clients with exceptional maintenance service is very important to us. To do this, our vehicles must operate at peak performance around the clock. Delivering a consistent level of mechanical performance requires meticulous processes, reliable equipment, and skilled people committed to providing safe, efficient, on-time vehicles.

Our guidelines for successful maintenance are as follows:

We make every repair in accordance with original equipment manufacturer (OEM) standards. This is the most cost effective and efficient approach to assuring proper vehicle operation. ® Preventive maintenance is a priority. This continuous process improves the manner in which we can diagnose and address issues before they become more costly and detrimental to our level of • The use of well-trained and skilled technicians leads to accurate problem diagnosis, reduced repair costs, and increased vehicle availability.
® Complete and accurate maintenance records allow us to make rational, logical decisions regarding our vehicles and equipment.
9 | Page
We empower each employee with quality control responsibilities. This improves employee morale and productivity, increases their quality of work, reduces the occurrence of repeat repairs, and maximizes fleet and equipment availability.
• Clearly stated performance standards establish shared quality expectations and serve as a guide for management oversight.
• Tracking inventory by individual part and repair improves inventory management and historically based stock levels.

Preventative Maintenance Procedures: LAZ's goal of preventive facility maintenance is to perform all inspections and service before a repair is needed. Minor repairs will be made by the on-site technicians, with major repairs made by qualified OEM, approved vendors.

Maintenance activities include:
® Preventive Maintenance troubleshooting or minor repair of worn out or defective components ® Resetting and the monitoring of HVAC system and automatic fire protection and alarms • Documentation of PM inspections, service, and notification • Repair of any necessary parts or failed components
As with our vehicle maintenance program, we maintain an inventory of OEM parts sufficient to ensure all systems are kept operational. We will remove from service under this contract all employees who become disqualified from driving a passenger vehicle due to infractions/tickets/arrests. We will also advise the University immediately upon becoming aware of the disqualification(s).

All buses will be ready for service, clean both inside and out, and ready to use at the start of the requested service. We will outsource our quarterly and annual maintenance of the buses which makes it easy to keep up with all the service our vehicles will need with minor to major repairs, service due reminders, and detailed e reports. We will perform preventative maintenance which will include, but not be limited to, oil and filter change, engine tune-up, transmission lube, differential lube, charging system test, ultraviolet inspections, auxiliary equipment, refrigeration units, service-due reminders, wheels alignment, and glass replacement. At a minimum they will provide the following Preventive Maintenance:

Every 3K miles - A Basic PM should be performed, this includes:
• Oil and filter change
• Multi-point inspection - includes all inspections as outlined in the owner's manual • Tire tread depth inspection, check wear, adjust pressure and reset tire pressure monitor (as applicable
• Fluid levels checked and topped off as necessary
• Lube front suspension, steering linkage, transmission shift linkage, Parking brake cable guides, rear leaf spring shackles, and control arm ball joints • Check engine air filter or charge indicator
• Check dealer database for outstanding recalls
• Check for cracking shackles (Chevy Express shuttles)
& Every 6K miles - the following services should be performed in addition to the Basic PM 10 | Page
• Rotate and balance tires, check wear and adjust pressure - service may be extended to 12K if driving conditions dictate
• Brake system inspection, includes inspection of pads, rotors, calipers, and brake lines for proper operation
Every 30K miles - the following services should be performed in addition to the Basic PM • Transmission fluid flush - Use cleaner to remove varnish and sludge from the transmission valve body, torque converter /lines
• Fuel filter change
• Fuel/Air Induction Service - Clean fuel injectors, intake (throttle body) and intake manifold, ports, valves and combustion chamber.
• Every 60K miles - the following services should be performed in addition to the Basic PM • Rear Differential Service - Remove all of the old oxidized fluid, clean and inspect gears and replace it with BG Ultra Guard Synthetic Gear Lube (or comparable).

Every 100K miles - the following services should be performed in addition to the Basic PM • Tune-up package with Ignition cables - Replace spark plugs, air filter, inspect ignition components for any abnormalities and replace ignition cables using OEM parts. • Cooling System Fluid Exchange - Flush cooling system, radiator, block, heater cores, hoses, etc.

Pressure test, check hoses, cap and connections. Install BG Cooling System Corrosion Control Kit (or comparable) and refill with OEM coolant to proper levels.

Vehicle Pre-Inspection: The following is the procedure all pre-trip inspection reports: The driver assigned to the shuttle must complete a thorough pre-trip inspection of their assigned shuttle. Any defects or deficiencies found during the initial pre-trip or that occur during their shift will be noted on the pre-trip inspection form.

Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day's work on each vehicle operated and the report shall cover at least the following parts and accessories:
• Service Brakes (Including trailer brake connections)
® Parking (hand) brake
• Steering mechanism
® Lighting devices and reflectors
• Tires
• Horn
• Windshield wipers
® Rear vision mirrors
® Coupling devices
® Wheels and rims
• Emergency Equipment
11 | Page

SAI UP AICH
CEPAR MLNTOS CALDe ONANS ORAAY TA'mU

REPAIR REPORT
CHP 108A (Rev 7-05) OPI 062

ONNEENM
Тессат TRN NINSU

MILEAGE DATE REPAIR

OR HOURS

STATE OF CALFORNIA

DEPARTMENT OF CALORNIA MIGHIAY PATROL

LUBRICATION AND INSPECTION REPORT
CHP 108A (Rev 7-05) OPI 062
(ret NEMeIC»
MOCa.

TIRE PRESSURE HULPACFOH

MULBACHOR A LEVEL SERVICE B LEVEL SERVICE C LEVEL SERVICE A LEVEL SERVICE B LEVEL BERVICE

DA TE LUBRICATION OIL CHANGE OIL ADDED FILTER CHANGE TRAMSMISSION DIFFERENTAL WHEEL BERINGS BATTERIES BRAKE ADJUSTMENT HOURS DATE BY BRAKE ADJUSTMENT TIRE PRESSURE C LEVEL SERVICE HOURS
LUBR OIL C OIL FILTER TRAN: DIFFE BAT
WHEEL

STATE OF CALUFORNIA

DEPARTMENT OF CALIFORNIA MIGIEKY PATROL

BUS MAINTENANCE & SAFETY INSPECTION
CHP 108A (Rev 7-05) OPI 062 • Inspection of these items meet the minimum regulremonts of 34505 CVC MI.FAGE ME EA(E U:EL8

JR CENDE NUMBCE FEB MAREN APR MOVE DEC
Fire estinguishet, Sest oid lot and refective waning devies tom Getroster. gauges odometer, and speedomete
Onver sest passenger seats padang intenor, and foor condtion nohe wons winooss mitos ane supcons
Al interor and extenor lights signals, reflectors
ing condtion and profection
Battenes-water level, terminis and cables
Waming deuces-av d2 temperature, exit andior vacuum
Getrosters, switches, and vents
pamt and maring
noses-colant level, condiion andior leats
Beits-compressor fan water, andier altemator
Aa hotes and ibono lears condition, andier protection
Fuel system-tank hoses, tubing, andor pump-lears
aust system manitods pping, mutter-leaks and/er condtion Engine-munting excessive grease andior al
clutea dou snsent teo pisy
Air Siter. throtte inkage

19. Saning and chorging system
Hygraule brake system-adjustment, components, andor constion Hydraulie master cytnoenevel leaks and/or condtion
Hoe andus no-conshon braecum
Ar brake system-adjustment. compartments, andor condtion Air compres sor governor-cut in and cuf out pressure (85-130) Other air tanks-drain and check for contamination
Tres-tread depth inflation
heeis, fug nuts and studs cracks looseness, andor condton Parong brake-able to hold the vehicte
Emeroency stopping system tabeled operative
Brakes do not release atter complete loss of seruce air Seing system-mounting thee lach and components
steering ames, dreg links andior tie rod ends
Suspensie system-springs shackles u-bats, and/or torque rods Frame and cross members-cracks andio condtion
Dive shaft universal jonts, and/or guards
ansmission ang differential-munting leaks, andior condition Wheel sealt-leaks and or condtion
Under camage-clean and secure

SIGNATURES OF INSPECTORS

TORY RONCTON TORTE (CATE
TOATE iNNE NO-ECTON Tute asylectios OATE ASSES* APECTEN (CUATE ROODESTFETEN TUTE DECRETE NECTO (CATE
ThaTE
Tap tort Form may be reproduced privateiy—-bulk suppiles are not averable from the CHP 12 | P age
On Road Breakdowns
A back up shuttles will be kept close by for emergency response. If a driver is having an issue with a trolley they will call the manager on duty who will be onsite at the City. The manager will then grab the back up shuttle and replace them on route or have a replacement ready when they get to a stop.

All trolley service will be conducted off site at our preferred facility with ASE trained mechanics. The shop will keep an inventory of common replace parts to ensure shuttle downtime is kept at a minimum.

Trolley Cleaning
All shuttles will be swept daily by the opening shift staff. Drivers will check the shuttles throughout the day to ensure they are kept clean. Additional CDC COVID cleaning guidelines will be followed as well.

Shuttles will be cleaned every 2 weeks. Our cleaning process is done by a third-party vendor who uses waterless technology as part of our sustainability program.

The process is simple, yet there is a lot of technology and science that goes behind washing the shuttle without water. The shuttle is sprayed with a solution that was created to safely remove dirt from the surface of the shuttle.

Once applied the solution surrounds the dirt in a capsule, while gentle lubricating agents allow the microfiber towel to glide effortlessly capturing all the dirt.

Every wash leaves a microfilm of carnuba wax that helps the wash last longer because the dirt is unable to stick to the paint as easily.

Rider Survey
All trolleys will be equipped with multiple QR codes so riders can provide feedback on the service. LAZ will work with the City on the questions to be asked and report back the responses weekly.
13 | Page

3. STAFFING AND COMMUNICATION
Hiring and Training - Only the Best
LAZ Parking has a comprehensive pre-employment screening program in place to make sure that only the most qualified candidates are chosen for employment at Cal State University East Bay. Pre-employment screening is effective risk management tool that promotes a safe and profitable workplace by helping to limit the uncertainty inherent in the hiring process. Our pre-screening techniques significantly reduce potential violence, theft, financial loss, sexual harassment and other workplace problems.

Pre-Employment Screening Quality Assurance Measures
Intensive interview process
All prospective driver interviews are conducted with a proprietary system to find potential new hires that are focused, intelligent and have a high degree of compassion and customer service orientation. A thorough Previous Employer investigation is performed.

Drug Testing
Pre employment and post-employment Drug Testing is performed by an independent healthcare provider. 14 | Page
DMV H-6 Report
A California Department of Motor Vehicles H-6 check is performed. This provides a 10-year history of a potential employee's driving record, any drug and alcohol related charges and court related appearances.

Third Party Physical Exam
All of our potential employees must pass a physical exam performed by an independent healthcare provider. The exam has been specifically designed for LAZ Parking. It measures an applicant's strength and agility for performing Wheelchair and Gurney transports. The applicant must be cleared by the attending physician before performing any duties as a Driver. The independent healthcare provider works within stringent guidelines to ensure HIPPA compliance.

Post Hire Training and Quality Assurance Measures
California DMV Pull Notice Program
Drivers are entered in the California Dept. of Motor Vehicles' Employer's Pull Notice Program. The Employer Pull Notice Program is established to provide employers and regulatory agencies with a means of promoting driver safety through the ongoing review of driver records. A driver record contains information obtained from an individual's driver license application, abstracts of convictions and accidents. A driver record will be generated and mailed automatically to the employer for newly enrolled drivers, upon action/activity or annually for currently enrolled drivers. An employer may also request a copy of the driver record for a prospective hire or current driver.

Applicant Applies Online
Hiring Procedures
California Department of Justice Background Check
Initial Phone Interview
Drivers are put through a California DOJ background check to ensure we recruit the most professional driving force in the industry.

Personal Interview
National Sex Offenders Registry Investigation Background Check
All Drivers are put through a nationwide Sex Offender Extensive Background Check background check to ensure we recruit the most professional driving force in the industry.

Health and Drug Screen
Alcohol and Substance Abuse Testing
LAZ Parking believes the safety of our passengers must always be protected, so we conduct the following Alcohol & Substance tests in a routine manner: Invited to New Hire H
• Post-accident Alcohol & Drug Testing
• Reasonable suspicion Alcohol & Drug Testing
• Random Alcohol & Drug Testing
Orientation to learn The
LAZ Way
15 | Page
Classroom Training
All Drivers receive an in-house orientation prior to on-the-road training. This includes instruction on care and handling of passengers, an introduction to the equipment used in transports and specific contract requirements.

Chain of Command
All Drivers are assigned a Driver Supervisor, who is responsible for ongoing training with the Driver.

Supervisor performs 30-day, three-month, six month and annual reviews with the Driver. This ongoing interaction ensures that procedures and requirements are followed.

Mandatory Uniforms
Drivers are provided with LAZ Parking uniforms that have an ID name tag. Driver appearance, hair length & uniform standards are strictly enforced.

Mandatory Photo IDs
All Staff assigned to care for our passengers are provided ID Badges that clearly state their name and the name of LAZ Parking.

Extensive Employee Training
All of LAZ Parking's Shuttle Drivers must complete the following Training Courses during their introductory employment period.
• Passenger Sensitivity Training
• Defensive & safe driving techniques
® OSHA safety standards Training
• Sexual Harassment Training
® Fire Extinguisher Training / Fire Emergencies Training Required Screening:

Criminal Records Search
• 1 ADP Criminal Radar
® 10 Criminal Court Records (County Standard Felony and Misdemeanor) Verification Tools
® 1 Social Security Number Death Master Search (SSMDNS) Sex Offender Registry Search
• 1 Multi-State Sex Offender Registry
Governmental Registries Search
® 1 Government Sanctions Registry
Other/Misc
® Live Scan Background Checks for all drivers
16 Page
Criminal Background Checks:

All new hires have their social security number run through the Department of Homeland Security database using E-Verify to verify eligibility to work in the United States. ® Where applicable, we utilize ADP Screening and Selection Services to perform background checks (including criminal record searches, credit history and motor vehicle record searches) on all prospective entry-level and management candidates.
• Screening of all management-level candidates, including supervisors, specifically covers criminal records, motor vehicle driving infractions (if the positions involve driving), educational credentials and prior employment.
• Candidates for non-management positions that involve driving are screened for criminal and motor vehicle driving infractions. If the position does not involve driving, the candidate is screened for a criminal record.
® Pre-employment Drug Tests are required of all candidates seeking employment with LAZ Parking.

Employees are required to take a 5-panel drug/alcohol test before working with LAZ Parking Service. This test screens for past exposure to marijuana metabolites, cocaine metabolites, opiates, amphetamines, and phencyclidine.
17 | Page

4. Training Program
One of the key differentiators in the training that LAZ Parking provides to its staff is that we provide customized, location-specific programs to ensure our teams can readily assist patrons with questions. We have reserved a one-hour section in our LAZ orientation program to cover key facts and information about the University that all employees should know. Managers meet with their teams daily to share important updates, as well as regularly test employees on the knowledge they learned in orientation. We also include in our training how to find answers to questions that are more obscure, and we hold employees accountable for never saying to patrons "I don't know," but, instead, "I'm happy to find that out for you." In addition, we deploy custom Learning lessons through our LAZ University Learning Center for topics such as "Helping Patrons Locate City Landmarks". In these lessons (which run less than five minutes and are accessible via mobile phones), employees learn best practices for assisting residents in the LAZ Way.

Shuttle Driver Training
Our Driver Training Program was designed to be adapted to include the training requirements of our clients. This training explicitly trains Drivers in every aspect of safe driving. These are participatory, engaging sessions that include extensive materials for trainers (discussion guides, facilitator's guides, etc.), a detailed instructor's manual and Driver workbooks for practice and comprehension. Quizzes and tests are used to document performance and learning, and there is a thorough final driving evaluation.

Parkology 107—Shuttle Driver: Rules of the Road: This class is divided into three sections: 105A for Shuttle Cart Drivers; 105B for Class B Shuttle Drivers; and 105C for Class C Shuttle Drivers.

Some of the key topics in our Driver training include:
• Intersections • Following Distance
• Defensive Driving • Emergency Procedures
• Vehicle Dynamics ® Pre and Post-Trip Inspections
• Fatigue Management ® Changing Lanes and Merging
• Distracted Driving ® Railroad Crossings
® Basics of Backing Up ® Customer Care and Sensitivity
® ADA Training and Requirements • Security Procedures
• Pedestrian Awareness @ Safe Driving
The program also includes an important module on customer service, how we expect Drivers to engage with passengers and be helpful, friendly, and professional. Further it includes sensitivity training based on ADA requirements, which we developed in partnership with the National Safety Council for both Drivers and Supervisors. We continually reinforce key concepts from our training programs in our quarterly safety meetings. The curriculum includes a Driver workbook, DVDs and an Instructor's manual. It is integrated with the closed-course and behind the wheel training modules with trainers covering classroom materials in the morning and then trainees putting their newly acquired knowledge and skills to work in the afternoon. The program is extensive and is focused on providing new applicants with the skills they need to drive safely, follow procedures, and provide good customer service. 18 | Page
Detailed Driver Classroom Training: Technical Training
• Introduction to the Vehicle - This portion of the training introduces the equipment which the trainees will drive and overviews the major systems, including steering, electrical, air, brakes, power train, lift or ramp equipment, tie downs and radio equipment. • Vehicle Dynamics - Next, our Drivers will be trained on how forces like kinetic energy, inertia, centrifugal force, gravity, and friction act on a vehicle in motion and on how to control the vehicle in light of these forces. This section addresses not only safety but also the customer service aspects of driving for passenger comfort and fuel economy. The topic of braking distance is also discussed in this section.
• Radio System - The training then concentrates on effective use of the on-board voice communication system.

Safe Driving: Defensive Driving
This section of the course introduces LAZ's defensive driving course.

The program focuses on four steps: 1) look ahead; 2) look around; 3) leave room; and 4) communicate.

This program is designed to be taught in both the classroom and behind-the-wheel settings. These principles will be taught to the Drivers from their first day in training and continue to be taught and reinforced throughout their career with LAZ.
• Following Distance - This portion of the training defines the safe amount of separation (following distance) which Drivers should maintain between themselves and the vehicles in front of them in normal and hazardous driving conditions, including rain, sleet, ice and snow. This section also discusses the effects that restricted vision can have and how to adjust following distance to accommodate for restricted vision.
• Changing Lanes - Changing lanes is inevitable. Whether merging or passing, changing lanes creates hazardous situations that can cause accidents. This course will introduce trainees to the techniques of safe merging and passing, and it will also prepare trainees for engaging in these actions on the road.

Reference Points - This section of training introduces the use of reference points as a means of knowing where the vehicle is relative to intersections, curbs and other objects which may be more difficult to see due to the size and length of the vehicle. This section also discusses the importance of proper mirror adjustment.
• Intersections - In this course, trainees will learn how to safely approach and navigate through all types of intersections. They will learn the common hazards that are present at intersections, and how to prevent intersection collisions.

Railroad Crossings - Every year there are approximately 5,000 collisions between motorists and trains. The purpose of this course is to share some facts about trains and railroad crossings and a procedure for safely crossing at railroad crossings. This section also includes information on state- specific laws pertaining to the crossing of railroad crossings by vehicles. • Fatigue Management - This section of the training addresses the signs of fatigue, strategies for minimizing fatigue, and the steps which Drivers should take when they are feeling fatigued.

Closed Course Training: Behind the wheel training begins on a closed course. Pre-driving and closed course training will be interspersed with classroom training so that trainees can acquire knowledge and 19 Page
skills in the classroom and then practice and hone their skills on the vehicle. Specific elements of closed course training will include the following:
• Judgment stop • Parallel parking
• Right and left side backing Customer stop
• Diminishing alley @ Backing
@ Offset alley Railroad crossing
@ Right / Left turns Drive through, back through
Americans with Disabilities Act and Passenger Sensitivity Training: LAZ recognizes that some customers are people with disabilities. To ensure our Drivers have knowledge and understanding of the wide range of abilities of passengers and the best methods to interact with and assist them, LAZ includes a comprehensive ADA and passenger assistance training program for Drivers.

Behind-the-Wheel Instruction: Upon completing skill area maneuvers trainees are taken onto the routes to become acclimated to more difficult maneuvers in increments determined by the Instructor. During this time, instructors will have the opportunity to quiz trainees on operational policies and procedures and material covered in the classroom.

In-Service Training: During the latter portion of training, trainees drive actual shuttle routes and are expected to follow the same procedures as graduated Drivers. This includes, at minimum, driving under the immediate supervision of a Behind the Wheel trainer. This provides the new Driver the opportunity to experience customers, maintain a schedule, collect fares, etc., with an experienced Driver on-board to assist and evaluate. Trainees are tested frequently on their knowledge of operational policies and procedures. To graduate from the program, trainees must demonstrate mastery of all operational policies, procedures, safe and defensive driving and technical driving skills. Attitude of the trainee, in regard to courtesy and customer relations and specifically to sensitivity awareness, will also factor into each trainee's final evaluation. A positive attitude is critical to the success of the operation. Therefore, any trainee who fails to exhibit a positive attitude through such things as punctuality, class participation, and homework completion during the training program is considered as not having completed the training program and will not be retained as a probationary employee at the conclusion of the training.

Safety Monitoring: The final facet of the training program is ongoing safety monitoring. To ensure new employees comply with the procedures and policies taught in the training program, Supervisors and training staff will make periodic road observations of each Driver. These observations will be used to determine if any additional training is required. Regularly scheduled road observations and ride checks are used to monitor the performance of Drivers. Supervisors conduct road observations to verify that Drivers are operating their vehicles safely and properly. Vehicle condition is also monitored at this time.

Road observations may be conducted by (1) following in a separate vehicle or (2) riding in the vehicle with the Driver. All observations are recorded on a Road Ride Report or Supervisor's Observation Report. All observations are discussed with the Driver regardless of whether or not errors were noted. Discussions regarding road observations are done within two days of the observation. If serious driving errors or customer relations issues are noted, they are handled immediately. Immediate action will be taken if a Driver is driving in a manner that may cause legitimate concern to passengers. 20 | Page
Training Documentation: LAZ requires the Training Manager to be responsible for maintaining proper documentation of the training received by each employee and the satisfactory completion of each module. The training log will be the source document used to record trainee attendance, hours of instruction and coursework completion. A training certificate is presented to each successful trainee with a copy of the certificate going into the employee's record. As a demonstration of a trainee's proficiency, each module is followed by a set of review questions summarizing the coursework. The road training concludes with a test demonstrating the trainee's total knowledge of system rules and procedures. The tested elements include, but are not limited to:
• Defensive driving techniques • Wheelchair boarding/ tie-downs • Accident reporting • Pre-and post-trip inspections
• Emergency procedures • General vehicle operations
• Radio procedures • ADA operating requirements
The trainer rides with the trainee and evaluates their performance in every aspect of operations. The trainee follows a Driver's shuttle route schedule to demonstrate their ability to both drive safely and follow instructions. A record of the final training evaluation will be maintained in the employee file.

First Year Training and Refresher Training: The training program does not end with the last day of the training schedule. As part of the company training program, LAZ has instituted Driver safety monitoring to measure the success of our training program and to determine the need for further training in specific areas. Safety monitoring for Drivers is accomplished by Supervisors who ride along with the Driver and monitor their safety habits. All Drivers are evaluated at least once during their first six months of employment. Each employee meets annually with a management employee to review performance and discuss potential improvements to the operations.

LAZ provides Going for Green customer service training for all employees; at a minimum, all Drivers and employees receive two hours of refresher training quarterly for a total of 8 hours annually. Drivers also attend quarterly safety meetings. Refresher training and safety meeting topics vary based on the issues challenging the operation.

Retraining: LAZ provides a variety of training. The refresher training program operates on a number of levels. Some training is conducted to "raise the bar" of the overall quality of the team's work. Additional training is also provided in response to a specific deficiency found in an employee's work performance while other training is more routine in nature to maintain skills of an employee.

One of the key differentiators in the training that LAZ Parking provides to its staff is that we provide customized, location-specific programs to ensure our teams can readily assist patrons with questions. We have reserved a one-hour section in our LAZ orientation program to cover key facts and information about Cal State University East Bay that all employees should know. Managers meet with their teams daily to share important updates, as well as regularly test employees on the knowledge they learned in orientation. We also include in our training how to find answers to questions that are more obscure, and we hold employees accountable for never saying to patrons "I don't know," but instead, "I'm happy to find that out for you." In addition, we deploy custom Learning lessons through our LAZ University Learning Center for topics such as "Helping Patrons Locate Vehicles" and "Understanding the Basics of 21 | Page
Your University Location." In these lessons (which run less than five minutes and are accessible via mobile phones), employees learn best practices for assisting passengers in the LAZ Way.

On the following page you will find a chart that identifies some typical triggers associated with re-training.

Retraining Triggers
What When Where Why
Variety of topics ranging from Routine skills
evacuation drills, security Facility enhancement
Two hours once a year
training, customer service and training
pre-trips
Amount sufficient to
understand the root cause Classroom
Post-Accident Defensive Driving of the accident and to and road Accident
Refresher Training avoid the accident in the
work
future. Minimum of 4
hours.

Going for Green!™ Program To Improve
Minimum of 2 hours Classroom Customer Service
Customer Service Training
Update of revised policies,
Classroom
procedures and detours.

Minimum of 2 hours and road Off work for >30 days
Defensive Driving review. Road work
Test
Update of revised policies, Classroom
procedures and detours. Minimum of 2 hours and road Off work >90 days Defensive Driving review. Road work
Test
22 | Page
Behind the Wheel Trainers
LAZ recognizes that our training is only as good as our trainers. To this end, we have developed the training program described in the following table for all Operator trainers who provide Behind the Wheel Training.

Behind the Wheel Trainer - Training Schedule
Course Title Course Overview Duration Of Class
People Skills For Techniques to keep a professional communication level 2 hours the Trainer between trainer and trainee. classroom
Review of defensive driving, following distance, 2 hours Basic Vehicle classroom &
Maneuvering changing lanes, reference points, intersections and railroad crossing policies. hands-on
2 hours
Mobility Aid Wheelchair and Scooter securement, and safe lift classroom & Securement operation and procedures hands-on
2 hours classroom
Pre-Trip Inspection Complete pre-trip vehicle inspection. & hands-on Familiarization of routes and proper training techniques 8 hours classroom Route Training & hands on
of route training
1 hour classroom &
Brake System Understanding the braking system hands on
Proficiency Refresher training. This course is designed to help and 3 hours classroom identify Operators with bad driving habits and to be & hands on Training Course retrained
Customer Service Training starts with the LAZ Values
The LAZ Way: MISSION
"Create opportunities for our employees and value for our Clients"

VALUES PRACTICES
• Respect • Sharp and On Time
• Commitment to people • Focus on the Customer
• Honesty and Integrity • Clean & Safe
• Trust
23 | Page
Standards of Behavior
• Actively looking for ways to help people
• Effectively communicate guest requests to prevent multiple/repeated requests from the guest • Be efficient and organized
• Personalize the interaction in any way and engage the guest as individuals • Maintain a gracious tone and pace throughout the interaction • Avoid slang and excessive use of phrase-fragments
• Make eye contact and keep focus on the guest
• Save energy and time by taking less steps
• Create less stress by being in control of the situation and working proactively • Always smile
• Never, ever give up
Before your shift, always be prepared (ABP) with the proper tools Post Hire Training & Quality Assurance Measures
@ DMV Pull Notice Program: Drivers are entered in the Dept of Motor Vehicles' Employer's Pull Notice Program. The Employer Pull Notice Program is established to provide employers & regulatory agencies with a means of promoting driver safety through the ongoing review of driver records. A driver record contains information obtained from an individual's driver license application, abstracts of convictions & accidents. A driver record will be generated & mailed automatically to the employer for newly enrolled drivers, upon action/activity or annually for currently enrolled drivers. An employer may also request a copy of the driver record for a prospective hire or current driver.
• Department of Justice Background Check: Drivers are put through a DOJ background check to ensure we recruit the most professional driving force in the industry. @ National Sex Offenders Registry Investigation Background Check: Drivers are put through a nationwide Sex Offender background check to ensure we recruit the most professional driving force in the industry.
• Alcohol & Substance Abuse Testing: LAZ Parking believes the safety of our passengers must always be protected, so we conduct the following Alcohol & Substance tests in a routine manner:

1. Post-accident Alcohol & Drug Testing

2. Reasonable suspicion Alcohol & Drug Testing

3. Random Alcohol & Drug Testing
24 | Page
• Class Room Training: All Drivers receive an in-house orientation prior to on-the-road training. This includes instruction on care & handling of passengers, an introduction to the equipment used in transports & specific contract requirements.
® Field Training: All Drivers must complete a minimum of 32 hours of on the road training with a Certified Driver Trainer. Driver must be able to perform all aspects of driver duties before moving to next step.
• Pass or Fail Field Testing: All Drivers must pass a rigorous eight hour Final Training Day with a Driver Supervisor. The Driver Supervisor recommends further training or passes Driver to take final written exam.
• Pass or Fail Written Examination: All Drivers must pass written exam to demonstrate thorough understanding of equipment & requirements.
® Chain of Command: All Drivers are assigned a Driver Supervisor, who is responsible for ongoing training with the Driver. Supervisor performs 30-day, three month, six month & annual reviews with the Driver. This ongoing interaction ensures that procedures & requirements are followed. • Mandatory Uniforms: Drivers are provided with LAZ Parking uniforms that have a ID name tag.

Driver appearance, hair length & uniform standards are strictly enforced. @ Mandatory Photo IDs: All Staff assigned to care for our passengers are provided ID Badges that clearly state their name & the name of LAZ Parking.
® Extensive Employee Training: All of LAZ Parking's Drivers must complete the following Training Courses during their introductory employment period.

1. Passenger Sensitivity Training

2. Defensive & safe driving techniques

3. OSHA safety standards Training

4. Sexual Harassment Training

5. Fire Extinguisher Training / Fire Emergencies Training Ensuring LAZ delivers excellent service
We understand that our employees represent the transportation department for the University, and they must project professionalism and friendly, courteous service in every transaction. Customer service and satisfaction are integral to the service we provide our client's customers. As a result, we have developed a customer service training program for all employees that is unique to our industry. Our training starts with our hiring practices because we believe we are best able to determine and select the most qualified personnel for the available positions. Once employed, ALL employees receive continuous training from several different sources, some of which are listed below:
25 Page
• New employees are paired up with seasoned employees
• Management hands on involvement
• Classroom and seminar
• Training manuals
• Additional education courses
All levels of employees continuously receive training in areas such as customer service, new technology, and self-improvement. The training can take place on-site, in a classroom or by outside professionals.

Below you will find a list of the popular courses our employees have taken:
® How to Deliver Exceptional Customer Service (note: our customer service managers are required to take both this and the advanced course)
• Mastering Etiquette
• How to Multi-task
® Dealing with Tough Customers
• Excelling as a Team Leader
We also believe that motivational tools such as employee newsletters, parties, employee of the month and other morale boosting programs are imperative to motivating employees to deliver the highest level of service to your customers.

Parkology-A More In-Depth Look: Parkology will give our employees in-depth training as they travel the pathway to success. We will discuss in this training what employees can expect during their introductory period. While some areas will differ, depending upon the location and assignment of an employee, this program is designed to help our employees be successful in their employment regardless of where they work. "Parkology" is a word unique to our company's culture, and it represents the various learning and development opportunities that we provide. There are a series of Parkology courses, all of which promote the mission, values, and practices of the company, as well as the detailed tools needed to perform various job functions.

Parkology 101-The LAZ Way: An introduction to the company focusing on our history, mission, values and practices.

Parkology 107—Shuttle Driver: Rules of the Road: This class is divided into three sections: 105A for Shuttle Cart Drivers; 105B for Class B Shuttle Drivers; and 105C for Class C Shuttle Drivers.

Parkology 201-The Road to Leadership: A program for both new and experienced Team Leaders and Parking Service Managers to develop their abilities to lead more effectively. It focuses on incorporating LAZ's core values into all aspects of leadership.

Parkology 202-The Business of Parking: This program is designed for both new and experienced Team Leaders and Parking Managers to expose them to the operations and financial side of our industry. Topics include budgeting, profit and loss statements, handling claims, and goal achievement.

Parkology 300 Series-Advance Learning and Development: These programs are individually designed for Operations, Managers, Assistant General Managers, General Managers and Regional VPs. Both internal and external training resources are utilized.
26 | Page

5. SAFETY PROGRAM
At LAZ Parking, we understand that our success is greatly attributed to the quality of our employees and the consistent high levels of service delivered to our customers and clients every day at our locations. For this reason, we saw the value of creating a position within our company that was dedicated to training our employees and maintaining such standards. Kyle Retter, our Customer Service & Training Manager, is based out of the Los Angeles office and is a true testament to our mission statement of Creating Opportunities for our Employees and Value for our Clients.

Since joining LAZ in 2004, Kyle has helped to develop and refine our customer service and safety initiatives, along with implemented new training programs to ensure all of our LAZ teammates receive specialized training based on the customer service expectations and operational challenges faced at each location.

Every property's location supervisor partners directly with Kyle to create a location specific P.A.C.T. (Practicing Accountability, Coaching, and Training) manual that not only contains LAZ Parking's standards of quality, but also specific details and tips outlining the ins and outs of each property's day-to-day operation. Kyle is often involved with on-location training and conducts regular customer service and safety training seminars for our front-line staff and location supervisors alike.

LAZ team members around the country ensure the continuity and high level of training, as well as compliance with local and national laws regarding labor and safety. Raymond Jones and Cyndi Lanning, bios below, are two such examples.

Cyndi Lanning, Compliance/DOT/Payroll Auditor
With 22 years of experience in compliance, finance, project management and human resources support, Cyndi manages the Compliance, Safety & Training and Department of Transportation "DOT" programs, for LAZ. She also works on special payroll projects and manages communication with Cal/OSHA, as necessary. Cyndi is a great relationship builder and supports all regions, in California. Her analytical skills support her work in observing and assessing what is working and what could be even more effective in our compliance efforts. The majority of her time is spent in the field, focusing on educating Location Managers and assessing the effectiveness of our processes with regards to labor, wage and hour compliance, and safety. In addition to these responsibilities, Cyndi also supervises the DOT program in California, to ensure compliance with the State of CA, the DOT and the Public Utilities Commission "PUC". She oversees our fleet of shuttle vehicles and trolleys (i.e., maintenance and CHP inspections), as well as the Class B Commercial drivers, who operate them. This DOT role also includes managing and monitoring our Random Drug Screen Pull program, the DMV Pull program, as well Samba Safety, which monitors the drivers' records, with the DMV.
27 | Page
Raymond Jones, Director of Standards & Training
Responsible for enforcing company standards and ensuring our associates deliver world-class service to our clients. He also performs service and brand standards training for the company. Mr. Jones earned a degree in Communications from the University of Virginia (1989) and now applies his 12 years of training and operational experience from several 5 Star and/or 5 Diamond Ritz-Carlton properties (Marina Del Rey, San Francisco, Singapore & Boston) where he gained expertise in the art of delivering world-class service. He was with the Ritz-Carlton during the time they won both of their Malcolm Baldrige Awards (1992 & 1999).

LAZ Safety Record
OSHA Citations in the last (5) years:

Failed CHP Inspections in the last 5 years: 0
Evaluation Program
At LAZ, we firmly believe that "You never get a
second chance to make a good first impression." LAZELY
How we handle those first impressions sets the
tone for our entire relationship with each
customer. Our employees are taught that each
interaction that we have with a tenant or visitor
is one of those moments of truth" where
impressions are formed and remembered.

In every aspect of our business, LAZ Parking
upholds the highest levels of customer service
and professionalism. LAZ managers and
personnel understand and appreciate the fact
that they represent not only LAZ, but the commercial property they work in.

The key to ensuring that these principles are upheld consistently and throughout all of our operations is a framework of performance monitoring and accountability that is embedded into our employee training and development regimen.

Employee evaluations will be performed by the Supervisors and reviewed by the Onsite Manager. We will conduct these evaluations for a new employee at 90 days and then every twelve months. All employee performance is evaluated every twelve months at a minimum and every six months at specific high service level locations. Areas of strength and development are discussed with each employee and may include additional training if needed which will be provided with assistance from the Operations Manager.
28 | Page

EXPERIENCE
LAZ will combine industry knowledge along with geographic knowledge and awareness to make sound decisions on route choices.

EXPERIENCE
LAZ operates hundreds of operations for government agencies, from small and simple public operations to some of the largest universities in the country like The Ohio State University.

Our dedicated Government Services Division is led by a team with more than 75 years of government shuttle experience, working in both public and private sectors. This affords us a nuanced understanding of the balance that agencies constantly must strike between profits and service to the public.

Understanding that collegiate environment has a unique set of challenges, LAZ Parking has a dedicated Vice President of Government Services, Robert Maroney. He has more than 20 years of municipal experience in all aspects including serving as a City employee, managing City Parking Authorities, Consulting, Installations, Operations and Program Implementation. Additionally, our Vice President of Transportation, Ralph Caldin, is based here in California. He brings over 23 years of experience including being the Assistant Director of Parking and Transportation at the University of Minnesota, the 4th largest public University in the Country.

In California we operate the shuttle systems for 7 Universities and have helped them solve growing shuttles demands from growth and construction.

Following is a sample table of some of LAZ Parking's public sector clients:

Government Agency & Municipal Clients SE Pennsylvania Transportation Authority (PA) 2,000 Client Spaces City of Coral Gables (FL) 1.773
Washington Metro Area Transit Authority (DC) 59,000 Malden Redevelopment Authority (MA) 1,630 City of Chicago Meters System (IL) 36,000 Columbus Downtown Development Corporation (OH) 1,449 New York City Housing Authority (NY) 20,000 City of Baltimore (MD) 1,440 Metropolitan Transit Authority (NY) 16,600 City of Walnut Creek (CA) 1,432 City of Long Beach (CA) 8,310 County of Santa Clara (CA) 1.431 City of Miami Beach (FL) 6,000 City of South Miami (FL) 1,400 City of New Rochelle (NY) 5,868 City of Berkeley (CA) 1,358 City of Lowell, (MA) 5,566 City of Daytona Beach (FL) 1,250 City of Fort Collins (CO) 5,350 City of Binghamton (NY) 1,200 City of Worcester (MA) 4,430 Port Authority of New York (NY) 1,200 Harris County (TX) 4,071 Memphis Convention Center (TN) 1,000 Jacksonville Transportation Authority (FL 4,000 Mecklenburg County (NC) 1,000 City of Kansas City (MO) 4,000 City of Hollywood (FL) 975 Norwalk Parking Authority (CT) 3,763 City of Arvada (CO) 850 City of Stamford (CT) 3,400 City of Haverhill (MA) 839
San Francisco Municipal Transportation Authority (CA) 3,114 City of Hyattsville (MD) 720 California State Parks (CA) 2,664 City of Bridgeport (CT) 600 City of Syracuse (NY) 2,525 City or Newport (RI) 550
Alameda County (CA) 2,496 City of Elmira (NY) 500
City of Wilkes-Barre (PA) 2,453 State of Colorado, (CO) 413 City of New London (CT) 2,210 City of Charlotte (NC) 430 Delaware Transit Authority (DE) 2,200 Village of Bal Harbour (FL) 400 Schenectady Redevelopment Authority (NY) 2,200 Town of Surfside (FL) 80 29 | Page

LOCAL EXPERTISE
The local management team currently operates 6 programs under the Project V Funding Program. Our first start was with the City of Dana Point. We started with 4 shuttles, running 3 days a week for 12 weeks in the summer. Over the next five years we increased that program to 6 trolleys, seven days a week for 19 weeks. Last year the City had over 100,000 riders.

After proving Dana Point was a viable program, we did the same for the cities of San Juan Capistrano, then San Clemente, then Newport Beach, then the City of Mission Viejo and in 2021 we were selected to operate the trolley program for the City of Laguna Beach. Each of these cities will tell you we are focused on not only serving the community, but also their departments. We understand the requirements of the program, the documentation required and the time frames that you must submit them in.

In addition to the trolleys programs we run the shuttles for 7 local universities, Kaiser, John Wayne Airport and the OC Fairgrounds.

Please feel free to contact any one of our clients where we manage their trolley operations.

CITY OF DANA POINT CITY OF MISSION VIEJO
Jennifer Anderson Mark Chagnon
City of Dana Point City of Mission Viejo
Senior Management Analyst Director of Public Works
(949) 248-3571 (949) 470-3091
[email protected] [email protected]

CITY OF SAN JUAN CAPISTRANO CITY OF NEWPORT BEACH
Thomas Toman Eric Loke
Public Works Director Senior Civil Engineer
City of San Juan Capistrano City of Newport Beach
949-234-4580 949-644-3336
[email protected] [email protected]

CITY OF SAN CLEMENTE CITY OF LAGUNA BEACH
Tom Bonigut, P.E. Michael Litschi
Public Works Director/City Engineer Deputy Director of Public Works City of San Clemente City of Laguna Beach
(949) 361-6187 (949) 497-0303
[email protected] [email protected]
30 | Page

KEY PERSONNEL
Commitment to Success - LAZ is committed to ensuring the City of Laguna Niguel made the right decision when awarding the contract to our company. The local management team will be heavily involved with the daily operations to ensure your team is satisfied. We will provide the City with the highest level of supervision in the industry.

Contractor, Trolley Driver & Field Manager Responsibilities • Manager shall respond within one hour to City calls
All employees will be trained and scheduled accordingly > Director shall respond to any complaint within 24 hours Trolleys will be operated in a safe and responsible manner Drivers will document activity and report issues immediately On site manager will monitor headways, customer service, maintenance Manager will communicate with City staff as needed and requested A A All employees will act professional at all times
We will comply with state, federal and fairground regulations We shall address performance and enforce policy & procedure Below is our organizational structure
Mario Montenegro
General Manger
Mike Caldin
Portfolio Manager
Jackie Apollo Marco Carrillo Lauro Lopez
Director of Operations Director of Operations Director of Operations Orange County Shuttle LA County Shuttle
Parking Operations
Operations Operations
We understand the success or failure of the trolley program for both LAZ and the City comes down to the performance and execution of the drivers and on-site management. Throughout our proposal we have emphasized how much support and attention we will provide the City to ensure the drivers aren't simply driving around with little regard for safety, professionalism and consistency in the shuttle routes.

We have specific set of Standard Operating Procedures to ensure all drivers are trained the same and that they understand what is expected of them. After all, you get what you inspect, not what you expect. As a result, our standards are higher than the Management Expectations listed in the RFP. 31 | Page
Employee Resume - Mike Caldin

EDUCATION AND PROFESSIONAL TRAINING
Orange Coast Community College - Costa Mesa
Completed Associates Degree in Business Administration.

EDUCATION AND PROFESSIONAL TRAINING
LAZ Parking. - Costa Mesa, CA
Portfolio Manager, 2009 - present
The Portfolio Manager is responsible for the day to day operations of all the shuttle operations at Laguna College of Art & Design, UCI, CULB, CSUDH and Long Beach City College. This includes driver training, passenger safety, shuttle maintenance, client satisfaction, compliance with state and federal regulations and rider satisfaction.

In addition to the shuttle programs, He is responsible for analyzing passenger trends and working with each client to suggest areas of concern, improvement and changing demands.

Mike has been involved with all aspects of the trolley programs in Dana Point since day one. With over 5 years' experience overseeing multiple trolleys operations in San Juan Capistrano, San Clemente and Newport Beach, he is well suited to oversee the City of Laguna Niguel trolley program.

Aquatic Zone - Corona, CA
Vice President and Owner, 1998 - 2009
As a startup company specializing in teaching kids how to swim I was responsible for all aspects of the organization. My responsibilities included the design of our own swim facility, purchasing, training, customer service, finances, legal issues and daily operations.

Our company taught kids and adults how to swim using a program we developed. Because of our success with our training program, we copyrighted the program and marketed it to other swim facilities.

As the VP I travelled across the country teaching companies like LA Fitness how to structure and create their own swimming program. This led to my helping fitness centers in San Francisco, Colorado, Minnesota and Texas.
32 Page
Employee Resume - Mario Montenegro

EDUCATION AND PROFESSIONAL TRAINING
UruralG - Guatemala
BA in Business Administration

EDUCATION AND PROFESSIONAL TRAINING
LAZ Parking - Costa Mesa, CA
General Manager, 2013 - present
The General Manager is responsible for the day-to-day operations of the arking and shuttle operations. This includes client satisfaction, contrac ompliance, training and development of management staff, safet policy adherence, and compliance with state and federal regulations as well as rider satisfaction.

SP Plus - Long Beach, CA
Senior Program Manager, 2011 - 2013
Oversee the operation of 31 self-park locations for the City of Long Beach; including 18 downtown parking facilities and several beach lots. Closely monitored and reported daily revenues and parker user data to the City Traffic Engineer. Closely work with various other departments within the City in order to improve the condition of the parking facilities and the service that they provide the public. Ensure fiscal compliance; enhance revenues through controls, processes and procedures.

Central Parking - San Jose, CA
Regional Manager, 2009-2011
My responsibilities included overseeing the daily operation of over 30 locations, Public and Private, with an inventory in excess of 10,000 spaces. Reporting to the City's DOT and various private owners and property managers. Direct supervision of special event plans for over 100 major annual special events, including Music Festivals, Major Conventions and Sporting Events.

Central Parking - Costa Mesa, CA
Operations Manager, 2003 - 2009
I was responsible for overseeing the day-to-day operations of The Toll Roads of Orange County. This included training and development of up to 112 employees, including 3 senior Project Managers and 12 Shift Managers. Ensure contractual compliance and maintain accurate records of a $5M budget while generating in excess of $40M in collected revenues.
33 | Page
Employee Resume - Ralph L. Caldin Jr.

EDUCATION AND PROFESSIONAL TRAINING
Bachelor of Science Criminal Justice - California State University Graduated in 1988 from the Long Beach Campus.

CEO - Concrete Angel - a non-profit organization dedicated to providing relief and development to orphans in Southeast Asia, West Africa and South America.

EDUCATION AND PROFESSIONAL TRAINING
LAZ Parking - Costa Mesa, CA
VP Transportation, 2009 - present
As the VP of Transportation, I am responsible for all aspects of the transportation programs within the company portfolio. This includes client satisfaction, compliance, employee performance, financial reporting, and all aspects of business development.

University of Minnesota - Minneapolis, MN
Assistant Dept. Dir. of Parking & Transportation, 2008 - 2009 The University of Minnesota is the 2* largest university in the country and I was responsible for overseeing the day to day operations. The department had a fleet of 23 shuttles providing service 17 hours a day, seven days a week. The department's fleet was recognized as one of the Top 100 fleets in America.

Central Parking System - Costa Mesa, CA
General Manager, 1998 - 2008
During my ten plus year career at Central Parking 1 oversaw a variety of shuttle programs including the employee shuttle programs for UCl Medical Center, Maguire Properties, Harrah's Casino and South Coast Plaza. I also had complete responsibility for over 60 projects and 500 employees spread throughout the state, including several airport shuttle programs.
34 | Page

FEE SCHEDULE
LAZ believes in creating a true partnership with our clients, where goals and objectives are mutually aligned. Traditionally, the transportation financial structure is set up as an hourly operating cost paid to the vendor. In this structure, the vendor takes 100% of the risk for escalating fuel and insurance costs as well as unforeseen mechanical repairs.

Our fee structure is all inclusive. The hourly rate includes the shuttle, shuttle wrap, fuel, insurance, labor and related fees, shuttle repairs, GPS, a back up shuttle and management oversight. Additionally, we will have a back up shuttle that will able to restore service within 30 minutes.

FEE STRUCTURE
City of Laguna Niguel
Trolley Service (5) Year Opearting Budget
(2) 20 Passenger Shuttles
2022 2023 2024 2025 2026 Total
Hourly Rate
Summer Trolley $114.50 $117.94 $121.47 $125.12 $128.87
• Special Events $95.00 $97.85 $100.79 $103.81 $106.92
Annual Total
Summer Trolley* $166,254 $171,242 $176,379 $181,670 $187,120 $882,665 Special Events** $16,150 $16,635 $17,134 $17,648 $18,177 $85,743 Trolley APP $5,000 $5,000
Total $187,404 $187,876 $193,512 $199,318 $205,297 $973,408 • Based on 4 days a week (92 hours a week / 15 weeks a year) Includes holidays - Memorial Day / 4th of July / Labor Day * Includes (10) Special Events - 170 Annual Hours
(6) Summer Concerts, 4th of July, Carnival, Haunted Trails, and Holiday Shuttle Service "Special events can change at City discretion - subject to a 4 hour minimum per event NOTE: For the nonoperational days in early May we can get one of the shuttles wrapped by May 1 if the contract is executed in early April. The second shuttle would be wrapped prior to the start of the Summer Program.

Special event pricing based on 1 shuttle for each event. 4th of July Pricing includes Holiday premium. 35 | Page

DISTINGUISHED DIFFERENCES
Executive Summary: 10 Reasons why LAZ is the best partner for the City of Laguna Niguel and where we bring added value:

1. Trolley Expertise
• LAZ respects that summer programs are unique environments with a variety of customers who need patient and kind attention.

Regulation Awareness: Our leadership understands PUC, CHP, DOT, and more. This understanding allows LAZ to be a strategic partner to our municipal clients.

Safety Training: Our front-line LAZ driver receives safety training and a variety of other First Aid trainings as requested by specific partners.

With over 100 municipal operations nationally, LAZ works with academic organizations of all sizes.

2. Passionate Leadership
• Privately owned and founded by friends in Hartford, CT, the LAZ family is a group of passionate leaders who care genuinely about our employees.

With a variety of backgrounds, degrees, and areas of specialty, our leaders bring industry expertise, business acumen, and servant leadership.

Our Vice President of LAZ Transportation Services, Ralph Caldin, spent over 10 years running his own shuttle company. This involvement taught him a true passion for the challenges of an effective trolley program and an attention to detail.

3. Engaged Employees
• LAZ has a passion for people. The first half of our mission statement is to 'provide opportunities for our employees! We live this in our daily values and seek to develop our university leaders from within the operations.

The LAZ Innovation Award winner went to our CT team for their amazing Superhero Day at Connecticut Children's Medical Center.

We recognize our employees regularly; so they continue to feel appreciated and connected to the mission of LAZ and the mission of the cities we serve. We RAVE (Recognizing Acts of Value and Excellence) our employees when we receive a positive patient letter. Examples can be found on our website: Testimonials

4. Sophistication and Professionalism
• LAZ leadership is the developer and host of the National Healthcare Parking Symposiums. These sessions are held several times per year around the country and allow hospital leaders to network and discuss how parking and transportation impact the overall patient experience.

As a business member of the Schwartz Institute for Compassionate Care, LAZ gains insight and in-depth knowledge of the ever-changing healthcare industry through their rounds, conferences, and panel sessions. 36 Page

5. Technology Expertise
• LAZ has national expertise with all types of transportation technology. • We partner with GPS manufacturers, distributers, and service providers to ensure that we understand all products and innovations. We aim to always find innovations in the best interest of our clients and support them through transitions.
• LAZ Transportation Services has extensive experience in how to transition a municipal shuttle operation to a technology model without losing the personal touch of customer service through driver programs and constant communication.

6. Streamlined Trolley Services
• The wide-range of LAZ shuttle Programs allows you to streamline services under one contract which is not only cost-effective, but also reduces patient hand-offs and provides a consistent look and feel to several groups of front-line caregivers. ramn
With options like group and special event transportation, LAZ CARE Transportation Services offers a variety of unique and specialized services to meet any City need.

7. Analytics and Process Improvement
• With value-based thinking, process-driven programs, productivity measures, and a strong culture, LAZ enhances the entire guest experience with efficiency and strategic focus.

Our Business Intelligence team in Hartford utilizes our Cognos tool to use data to drive decisions on efficiency and effectiveness.

While going through the Malcolm Baldrige State Level Evaluation Process, LAZ won the Silver Award at the tri-state level, learned of the extreme importance of documented policies, procedures, and protocols within any shuttle operation.

Using a balanced scorecard approach, LAZ can report many metrics to our university clients as needed or requested.

8. Sustainability
• As a partner in transportation, LAZ understands and respects the link between environmental health and human health. Our green initiatives focus on enhancing a healthy environment.

LAZ Parking is an industry leader in sustainability initiatives and one of the founding members of the Green Parking Council.

Through technology optimization, emission reduction programs, and simply smart recycling habits, LAZ is a green champion.

All shuttles are cleaned as part of a waterless system, saving over 4,000 gallons of water annually 37 | Page

9. Philanthropic Focus
• The LAZ Charitable foundation donates hundreds of thousands of dollars per year to local charities of our choice and in partner with our clients.

As a sponsor of the Special Olympics and Challenged Athletes Foundation, our leadership is inspired to always give back to our communities. Our November 2019 Charity Golf Tournament raised over $60,000 for the Orange County Special Olympics. 2011
9/26 м 47
As a Partner in Parking, LAZ supports many local groups. In March 2019, LAZ was the presenting sponsor for the Saving Innocence Annual Gala. Saving Innocence is a Los Angeles based non-profit dedicated to helping underaged girls and boys get out of the sex trade industry. In the last 10 SAVING years they have rescued over 1600 children and have
become a model for other cities and states on how to INNOCENCE address this growing problem. END CHILD SEX TRAFFICKING

10. Professional and Innovative
• Our shuttle operations brand ourselves and our equipment per the requests or styles of each municipal partner. We participate in Bike, Ride & Walk and other sustainable events as a true Partner in helping our environment.
• We constantly strive for improvement in all that we do. We pride ourselves in bringing recommendations and strategic innovations to our municipal partners.
• With new products and services like Quick Ride and LAZGO, we are continuously finding ways to enhance the rider experience. 38 Page
VI-1. CERTIFICATION STATEMENT (SUBMIT WITH PROPOSAL)
This certification statement is provided in response to the City of Laguna Niguel's RFP titled:

Summer Trolley Operation Services
All proposals must include this certification statement, signed by a duly constituted official legally authorized to bind the Vendor to both its proposal and cost schedule.

1. Proposal may be released in total as public information in accordance with the requirements of the laws covering the same. Any proprietary information has been clearly marked.

2. Proposal and cost schedule shall be valid and binding for ninety (90) days following the proposal due date or any revised proposal submission date, whichever is later, and will become part of the contract that is negotiated with the City.

3. The Vendor has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise.

4. The Vendor certifies that this proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition.

5. The Vendor has not had any communication with a City Councilmember in relation to their proposal. If so, Vendor will provide a copy of such communication for the public record.

6. The Vendor has never been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation.
1, 25/22
Vendor's Signature Date
Cree Besin ViCE PRESIDENT
Print Name Title
Vendor's Federal Taxpayer Identification Number: 26-1164708 City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 24 of 46

ATTACHMENT F
OCTA Cooperative Agreement
1 COOPERATIVE AGREEMENT NO. C-9-1845
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF LAGUNA NIGUEL
6 FOR
7 LAGUNA NIGUEL SUMMER TROLLEY (PROJECT V COMMUNITY - BASED 8 TRANSIT/CIRCULATORS, PROJECT NO. 19-LNIG-CBT-3954)
9 10 THIS COOPERATIVE AGREEMENT is effective this_19 day of Febrary 2020 ("Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, 12 P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California 13 (hereinafter referred to as "AUTHORITY" or "OCTA"), and the City of Laguna Niguel, 30111 Crown 14 Valley Parkway, Laguna Niguel, California 92677, a municipal corporation (hereinafter referred to as 15 "CITY"), each individually known as "PARTY," and/or collectively known as "PARTIES." 16 RECITALS:
17 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the 18 roles and responsibilities related to funding between AUTHORITY and CITY for capital and operating 19 subsidy funds for community-based transit services for the Laguna Niguel Summer Trolley (hereinafter 20 referred to as PROJECT) in accordance with Exhibit A Scope of Work, entitled "Laguna Niguel Summer 21 Trolley"; and
22 WHEREAS, AUTHORITY's Board of Directors (Board) approved the Renewed Measure M2 23 Eligibility Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent 24 amendments, most recently on April 8, 2019; and
25 WHEREAS, AUTHORITY's Board approved the most applicable updated Comprehensive 26 Transportation Funding Programs (CTFP) Guidelines on February 12, 2018; herein

L:ICammICLERICALIWORDPROCVAGREEV4G91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 referred to as 2018 CTFP; and
2 WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility 3 Guidelines - Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent 4 update is incorporated herein by reference; and
5 WHEREAS, AUTHORITY and CITY agree that M2 funding is subject to CITY annually fulfilling 6 M2 eligibility requirements; and
7 WHEREAS, AUTHORITY and CITY agree that PROJECT must adhere to the 2018 CTFP 8 except where specific instruction is provided through Project V Guidelines or within this Cooperative 9 Agreement; and
10 WHEREAS, CITY will contract directly with service provider to operate PROJECT; and 11 WHEREAS, CITY's service is open to the public, and fully accessible for persons with 12 disabilities, in compliance with the Americans with Disabilities Act (ADA); and 13 WHEREAS, AUTHORITY has agreed to provide Project V funding in the amount not-to-exceed 14 Eight Hundred Eighty-Six Thousand, Eighty-Two Dollars ($886,082) for up to five (5) years, of which the 15 AUTHORITY and CITY agree the capital to be provided by AUTHORITY is Two Hundred Eighteen 16 Thousand, One Hundred Sixty Dollars ($218,160) and the annual operating subsidy will be provided 17 consistent with operating statistics as defined in the CTFP Guidelines in an uninflated amount of Six 18 Hundred Sixty-Seven Thousand, Nine Hundred Twenty-Two Dollars ($667,922); and 19 WHEREAS, CITY has agreed to provide a minimum of Ten Percent (10%) local match of at 20 least Twenty-Four Thousand, Two Hundred Forty Dollars ($24,240) for capital costs and Seventy-Four 21 Thousand, Two Hundred Fourteen Dollars ($74,214) for operating match for up to five (5) years in 22 accordance with Exhibit B, entitled "Laguna Niguel Trolley Funding Table" subject to performance 23 requirements outlined in the CTFP Guidelines and AUTHORITY funding limitations; and 24 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, roles and 25 funding responsibilities between the AUTHORITY and CITY for PROJECT; and 26

L:1CammICLERICALIWORDPROCIAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 WHEREAS, the AUTHORITY's Board approved this PROJECT on October 14, 2019; and 2 WHEREAS, CITY's Council approved this Cooperative Agreement on this Z/ day of 3 Janvary 2020 and
4 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 5 follows:
6 ARTICLE 1. COMPLETE COOPERATIVE AGREEMENT
A. This Cooperative Agreement, including any attachments incorporated herein and 8 made applicable by reference, constitutes the complete and exclusive statement of the terms) and 9 condition(s) of this Cooperative Agreement between the AUTHORITY and CITY and it supersedes 10 all prior representations, understandings, and communications on the terms of the Cooperative 11 Agreement. The invalidity in whole or in part of any term or condition of this Cooperative Agreement 12 shall not affect the validity of other term(s) or condition(s) of this Cooperative Agreement. The above 13 referenced Recitals are true and correct and are incorporated by reference herein. 14 B. AUTHORITY's failure to insist on any instances) of CITY's performance of any 15 term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or 16 relinquishment of AUTHORITY's right to such performance or to future performance of such terms) 17 or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. 18 Changes to any portion of this Cooperative Agreement shall not be binding upon AUTHORITY 19 except when specifically confirmed in writing by an authorized representative of AUTHORITY by way 20 of a written amendment to this Cooperative Agreement and issued in accordance with the provisions 21 of this Cooperative Agreement.
22 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any 23 term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or 24 relinquishment of CITY's right to such performance or to future performance of such terms) or 25 condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. 26 Changes to any portion of this Cooperative Agreement shall not be binding upon CITY except when

L:1CammICLERICALIWORDPROCIAGREEI4G91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 specifically confirmed in writing by an authorized representative of CITY by way of a written 2 amendment to this Cooperative Agreement and issued in accordance with the provisions of this 3 Cooperative Agreement.
4 ARTICLE 2. SCOPE OF COOPERATIVE AGREEMENT
5 This Cooperative Agreement specifies the roles and responsibilities of both AUTHORITY and 6 CITY as they pertain to the subjects and PROJECT addressed herein. Both AUTHORITY and CITY 7 agree that each will cooperate and coordinate with the other in all activities covered by this Cooperative 8 Agreement and any other supplemental Cooperative Agreements, including Letter Agreements, which 9 may be required to facilitate purposes thereof.
10 ARTICLE 3. RESPONSIBILITES OF AUTHORITY
11 AUTHORITY agrees to the following responsibilities for PROJECT:
12 A. Upon acceptable invoice, to provide CITY operating subsidy in the amount up to and 13 not-to-exceed Six Hundred Sixty-Seven Thousand, Nine Hundred Twenty-Two Dollars ($667,922) for 14 up to five (5) years consistent with Exhibit B, entitled "Laguna Niguel Trolley Funding Table". Operating 15 subsidy will be net of fares and no more than Nine Dollars ($9.00) per boarding or Ninety Percent (90%) 16 of operations and maintenance (O&M) costs whichever is lower. 17 B. AUTHORITY shall provide PROJECT funding for Ninety Percent (90%) of capital costs 18 in the amount up to and not-to-exceed Two Hundred Eighteen Thousand, One Hundred Sixty Dollars 19 ($218,160).
20 C. AUTHORITY will review CITY's project operating statistics and provide regular updates to 21 the OCTA Board on service performance.
22 D. AUTHORITY shall provide sixty (60) days' notice to CITY that support for service will be 23 discontinued in the event that the minimum performance standards are not met by the end of the first 24 year of service and maintained every year thereafter. 25 /
26

L:1CammICLERICALIWORDPROCIAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 After sixty (60) calendar day notice, AUTHORITY will discontinue funding due to 2 minimum performance standards not being met in accordance with the Board approved Project V 3 Guidelines.
4 F. AUTHORITY will provide M2 (OCGO) logos, which may include decals for vehicles and 5 digital artwork for marketing and publication purposes. CITY shall coordinate with OCTA in regard to the 6 sizing, placement, and furnishing of decals.
7 ARTICLE 4. RESPONSIBILITIES OF CITY
8 CITY agrees to the following responsibilities for PROJECT:

A. To provide transit or community shuttle service consistent with the project scope 10 identified in Exhibit A.
11 B. To provide eligible local match funds at a minimum of ten percent (10%) of Capital costs 12 and a minimum of ten percent (10%) of O&M costs (less fares) or to provide O&M costs (less fares) 13 required after AUTHORITY has paid Nine Dollars ($9) per boarding, inflated annually as needed, 14 whichever O&M contribution is greater, in accordance with Exhibit B, entitled "Laguna Niguel Trolley 15 Funding Table".
16 C. If CITY receives operating or capital subsidy for PROJECT from any other 17 non-AUTHORITY source, including fares, CITY will not invoice AUTHORITY for the amount received 18 from the other non-AUTHORITY sources).
19 D. CITY will submit project reports to AUTHORITY using Exhibit C, entitled "Project V 20 Quarterly Report", herein referred to as Exhibit C, and shall provide to AUTHORITY the monthly 21 Revenue Vehicle Hours, Revenue Vehicle Miles, Boardings, and project cost related to the PROJECT 22 service on a quarterly basis, as identified in the Project V Guidelines and as applicable. 23 F. CITY will invoice AUTHORITY not more frequently than quarterly to receive 24 reimbursement consistent with ARTICLE 5. REQUEST FOR REIMBURSEMENT. Furthermore, the 25 CITY shall provide separate and distinct cost accounting for all Project V funded services and include 26 and identify any non-AUTHORITY or grant revenues, including fares, received along with any

L: (Camm|CLERICALIWORDPROCAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 requirements associated with external fund sources for the PROJECT to confirm AUTHORITY share 2 and local match. A sample invoice is provided as Exhibit D. 3 G. CITY service shall meet minimum performance standard of an average of six (6) 4 boardings per revenue vehicle hour by the end of Year 1 of operation. In Year 2 of operation, City 5 service shall maintain an average of six (6) boardings per revenue vehicle hour each reporting period 6 and meet or exceed an average of ten (10) boardings per revenue vehicle hour by the end of Year 2.

CITY service shall maintain an average of at least ten (10) boardings per revenue vehicle hour 8 thereafter.
9 H. CITY acknowledges that if the Project V funded service does not adhere to the minimum 10 performance standards identified in Article 4, subsection G, AUTHORITY will cancel funding for service 11 upon sixty (60) calendar day written notice.
12 1. CITY agrees to place AUTHORITY's M2 (OCGO) decals on the vehicles used for 13 service and on marketing and related service publication materials, including software applications. 14 J. CITY is required to use capital goods purchased with Project V funding, such as but not 15 limited to bus/vehicles, equipment, facilites, and bus stop amenities, for their entire useful life and/or 16 through the termination of the service. For vehicles purchased with Project V funding, if termination 17 occurs prior to the completion of the capital item's useful life and/or grant term, CITY is responsible for 18 repaying AUTHORITY the same percentage of the sale price (or estimated value of the assets) based 19 on straight line depreciation of the asset[s]), consistent with the Project V percentage of the initial 20 purchase. Useful life shall be based upon AUTHORITY's policy for service life, where applicable. 21 K. CITY is required to coordinate and seek approval from AUTHORITY regarding any 22 changes to project scope in Exhibit A.
23 L. CITY shall be responsible for providing ample notification to its customers at a minimum 24 of fourteen (14) calendar days prior to any significant service changes and/or service cancellation. 25 M. CITY shall submit an ADA Service Plan to AUTHORITY for review and approval prior to 26 the starting services identified in Exhibit A and shall ensure service meets ADA requirements.

L:1CammICLERICALIWORDPROC/AGREE/AG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 ARTICLE 5. REQUEST FOR REIMBURSEMENT
2 A. CITY shall contribute matching funds, as is specified within this Cooperative Agreement 3 in Article 4, paragraph B, toward the actual costs of PROJECT. 4 B. CITY shall invoice AUTHORITY within ninety (90) days of special event service or 5 seasonal service to receive reimbursement in accordance with Exhibit B, entitled "Laguna Niguel Trolley 6 Funding Table" and provide supporting documentation according to the payments procedures identified in the 2018 CTFP Guidelines and incorporated into this Cooperative Agreement. CITY's invoice shall 8 include allowable PROJECT costs incurred and paid for by CITY consistent with the PROJECT's Scope 9 of Work. The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the 10 accuracy of the included information. Advance payments by AUTHORITY are not allowed. 11 C. The invoice must be submitted on CITY's letterhead. 12 D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts 13 Payable Office. Each invoice shall include the following information:
14 Cooperative Agreement Number C-9-1845;
15 2. The total PROJECT expenditures including the percent and amount to 16 be reimbursed shall not exceed Ninety Percent (90%) of Capital cost and not exceed Ninety Percent 17 (90%) of O&M costs or Nine Dollars ($9) per boarding for O&M (less fares), whichever is less for O&M 18 in accordance with Exhibit B, entitled "Laguna Niguel Trolley Funding Table". In addition, if CITY 19 receives capital or operating subsidy from any other non-AUTHORITY source, CITY will not invoice 20 OCTA for the amount received from the other non-AUTHORITY source(s). Supporting documentation 21 for all expenses must be provided, including invoices. 22 3. Adequate detail describing all work completed.
23 4. Documentation providing evidence that the contractors), including 24 service provider/operator, has been paid by CITY.
25 5. Each invoice for O&M subsidy will include the following operating 26 statistics for the invoicing period and for the fiscal year (July 1 through June 30) to date: revenue vehicle

L:1CammICLERICALIWORDPROCIAGREEVAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 hours, total boardings, boardings per revenue vehicle hour, operating costs, net operating costs (costs 2 less fares), reimbursement per net operating costs, and reimbursement per boarding. 3 6. Such other information as requested by AUTHORITY.
4 E. Total payments shall not exceed the Funding Amount specified in Article 3, paragraphs 5 A and B above.
6 F. CITY shall submit final invoice no later than one hundred eighty (180) days after 7 completion of PROJECT.
8 ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Cooperative Agreement 10 are delegated to its Director of Public Works, or his/her designee, and the actions required to be taken 11 by AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's 12 Chief Executive Officer or his designee.
13 ARTICLE 7. AUDIT AND INSPECTION
14 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 15 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 16 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, 17 and other data and records of CITY for a period of five (5) years after final payment, or completion of 18 audit by the AUTHORITY, or after final payment of debt service, whichever is longer. For purposes of 19 audit, the date of completion of this Cooperative Agreement shall be the date of AUTHORITY'S 20 payment of CITY's final billing under this Cooperative Agreement. AUTHORITY shall have the right to 21 reproduce any such books, records, and accounts. The above provision with respect to audits shall 22 extend to and/or be included in contracts with CITY's contractors). 23 ARTICLE 8. MUTUAL INDEMNIFICATION
24 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and 25 expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold 26 harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified

L:1CammICLERICALIWORDPROC/AGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, 2 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses 3 including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising 4 from injuries to or death of persons (CITY's employees included), for damage to property, including 5 property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, 6 alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers, 7 directors, employees or agents in connection with or arising out of the performance of this Cooperative 8 Agreement.
9 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 10 cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold 11 harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), 12 from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, 13 arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal 14 costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to 15 or death of persons (AUTHORITY's employees included), for damage to property, including property 16 owned by CITY, or from any violation of any federal, state, or local law or ordinance, alleged to be 17 caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, 18 employees or agents in connection with or arising out of the performance of this Cooperative 19 Agreement.
20 C. The indemnification and defense obligations of this Cooperative Agreement shall survive 21 its expiration or termination.
22 ARTICLE 9. ADDITIONAL PROVISIONS:
23 PARTIES agree to the following mutual responsibilities:
24 A. Term of Cooperative Agreement: This Cooperative Agreement shall continue in full force 25 and effect from the effective date until December 31, 2025, unless otherwise terminated as provided in 26 this Article. This Cooperative Agreement may only be extended upon mutual consent by both

L:1CammICLERICALIWORDPROCVAGREE/4G91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 PARTIES.
2 B. Termination: In the event either PARTY defaults in the performance of their obligations 3 under this Cooperative Agreement or breaches any of the provisions of this Cooperative Agreement, 4 the non-defaulting PARTY shall have the option to terminate this Cooperative Agreement upon sixty 5 (60) calendar days' prior written notice to the other PARTY. 6 C. Termination for Convenience: Either PARTY may terminate this Cooperative 7 Agreement for its convenience by providing sixty (60) days' prior written notice of its intent to terminate 8 for convenience to the other PARTY.

D. Amendments: This Cooperative Agreement may be amended in writing at any time by 10 the mutual consent of all PARTIES. No amendment shall have any force or effect unless executed in 11 writing by all PARTIES.
12 E. PARTIES shall comply with all applicable federal, state, and local laws, statues, 13 ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. 14 F. Legal Authority: PARTIES hereto consent that they are authorized to execute this 15 Cooperative Agreement on behalf of said PARTIES and that, by so executing this Cooperative 16 Agreement, PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. 17 G. Severability: If any term, provision, covenant or condition of this Cooperative Agreement 18 is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent 19 jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, 20 provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the 21 fullest extent permitted by law.
22 H. Counterparts of Cooperative Agreement: This Cooperative Agreement may be executed 23 and delivered in any number of counterparts, each of which, when executed and delivered shall be 24 deemed an original and all of which together shall constitute the same Cooperative Agreement. 25 Facsimile signatures will be permitted.
26

L:ICammICLERICALIWORDPROCIAGREE/AG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 1. Force Majeure: Each of the PARTIES shall be excused from performing its obligations 2 under this Cooperative Agreement during the time and to the extent that it is prevented from performing 3 by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; 4 acts of God; commandeering of material, products, plants or facilites by the federal, state or local 5 government; national fuel shortage; or a material act or omission by the other PARTY; when 6 satisfactory evidence of such cause is presented to the other PARTY, and provided further that such 7 nonperformance is unforeseeable, beyond control and is not due to the fault or negligence of the 8 PARTY not performing.
9 J. Assignment: Neither this Cooperative Agreement, nor any of the PARTIES' rights, 10 obligations, duties, or authority hereunder may be assigned in whole or in part by any party without the 11 prior written consent of the other parties in their sole and absolute discretion. Any such attempt of 12 assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be 13 deemed consent to any subsequent assignment, nor the waiver of any right to consent to such 14 subsequent assignment.
15 K. Governing Law: The laws of the State of California and applicable local and federal 16 laws, regulations and guidelines shall govern this Cooperative Agreement. 17 L. Litigation fees: Should litigation arise out of this Cooperative Agreement for the 18 performance thereof, the court shall award costs and expenses, including attorney's fees, to the 19 prevailing party.
20 M. Notices: Any notices, requests, or demands made between the parties pursuant to this 21 Cooperative Agreement are to be directed as follows:
22 23 /
24 /
25 26

L:1CammICLERICALIWORDPROC/AGREEVAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 TO CITY: | To AUTHORITY:

City of Laguna Niguel Orange County Transportation Authority 2 3
30111 Crown Valley Parkway, 550 South Main Street
4 Laguna Niguel, CA 92677 P. O. Box 14184
Orange, CA 92863-1584
5 6 Attention: Jacki Scott Attention: Luis Martinez
7 Public Works Director Associate Contract Administrator 8 9
Tel: (949) 362-4337 Tel: (714) 560-5767
E-mail: [email protected] E-mail: [email protected] 11 13 N. Successors and Assigns: The provisions of this Cooperative Agreement shall bind and 14 inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES 15 hereto.
16 17
18 19
20 21 /
22 /
23 24 /
25 /
26

L:1Camm\CLERICALIWORDPROCIAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 This Cooperative Agreement shall be made effective upon execution by both parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement 3 No. C-9-1845 to be executed on the date first above written. 4 CITY OF LAGUNA NIGUEL ORANGE COUNT RANSPORTATION

AUTHORITY,
5 Jamara letown By
Tamara S. Letourneau Darrell E. Johnson
7 City Manager Chief Executive Officer
Date: 13/2020 Date: 2 - 19-2026
8 9 APPROVED AS TO FORM
alens By: Cassie to fir
10 By: _
11 Eileen C. Gomez James M. Donieh
City Clerk General Counsel
12 APPROVED AS TO FORM: APPROVAL RECOMMENDED:
13 By: Feveri 9L. Enmis
By:_
14 Kevin G. Ennis Kia Mortazavi
15 City Attorney Executive Director, Planning
16 2/3/2020 Dated: 2.18•2020
Dated:
17 18
19 20
21 22
23 24
25 26

L:ICammICLERICALIWORDPROCIAGREEVAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845

EXHIBIT A

SCOPE OF WORK

LAGUNA NIGUEL SUMMER TROLLEY

PROJECT SUMMARY
The Laguna Niguel Summer Trolley Service is a summer program service that shall operate between Memorial Day weekend and Labor Day weekend (approximately 15 weeks) and would run from Thursday through Sunday for a total of five (5) summers. The service includes a total of two (2) vehicles and one (1) back up vehicle. The vehicles shall hold a total of twenty (20) passengers and shall include branding/wrapping of the vehicle to clearly distinguish itself from local buses and/or shuttle services.

The City shall outsource administration and operations of the trolley service to a contractor. The trolley service contractor shall also develop and provide a real-time vehicle tracking application for passenger use. This application shall provide real-time vehicle location and arrival/departure times for stop locations.

In addition, the transit service contractor shall develop and provide General Transit Feed Specification (GTFS) data for the service route. The GTFS data shall assist with integrating the proposed service with other public transportation routes/systems such as the Orange County Transportation Authority (OCTA) or other Project V routes; this data may also be used by various trip planning software.

As the City shall be outsourcing for the administration and operations of the trolley service to a contractor, maintenance and maintenance facilities shall not be needed by the City. Maintenance of vehicles shall be performed by the vendor at the vendor's maintenance facility. In addition, a single back-up trolley shall be made available by the vendor in the event of vehicle breakdown/shut-down.

The proposed route times and connections are provided as follows, actual times and location may vary slightly:

Trolley Route Time Table
Stop Locations Time
Laguna Niguel Library 0:00
SB Pacific Coast FS Monarch Bay 0:07
Ritz Carlton Dr at Ritz Cartton 0:08
Loading/Unloading 0:12
NB Pacific Coast FS Niquel 0:14
NB Pacific Coast FS Monarch Bay 0:16
Laguna Niguel Library 0:22
Loading/Unloading 0:26
Fixed-Route Transit Connections
Service Provider Route
Dana Point Trolley Trolley Route
Laguna Beach Trolley 2 - South Laguna/Ritz
Laguna Beach Trolley 7 - Long Coastal
1 - Long Beach - San Clemente
OCTA 85 - Mission Viejo - Laguna Beach
OCTA 87 - Rancho Santa Margarita - Laguna Niguel
1 COOPERATIVE AGREEMENT NO. C-9-1845

EXHIBIT A

PROJECT LOCATION/SERVICE AREA
Stop No. Stop Name
Laguna Niguel City Hall
Station
acific Coast Highway
Crown Valley Phary Southbound / Monarch Ba
Drive
Library!
Civic Center Ritz Carlton Drive
(connection to Laguna
Beach / Dana Point trolleys)
Pacific Coast Highway -
Northbound / Niguel Road
Legend
acific Coast Highway
co° Jorthbound / Monarch Ba
- OCTA Routen
23 Beach Route Road
Beachi 025 05 15
Laguns Novel Trollay Transfer

SPECIAL EVENTS
Special event services shall also include the following events:

Special Event Transit (Revised)*
Event Name Location
Annual Summer Held each year, four separate Thursday or Friday:

Concert Series concerts on a Thursday or Friday 5pm - 9pm Laguna Niguel, CA between June - August.

Thursday:
9am - 9pm
Fourth of July Available each year if July 4 falls on Friday & Saturday: Laguna Niguel, CA Celebrations a Thursday - Sunday. 10am - 10pm
Sunday:
11am - 9pm
Friday & Saturday
eld each year, the third Friday 10am - 10pm Laguna Niguel, CA Annual Carnival unday of Augus Sunday:
11am - 9pm
Annual Haunted
Trails (Halloween eld each turdayo third Tersday - Thussy - Sunday pm - 10pl Laguna Niguel, CA Event)
Annual Holiday Held each year, the second Saturday Saturday: Laguna Niguel, CA f December 8am - 1pm
Date and times may change each year at the discretion of the Ci 2 COOPERATIVE AGREEMENT NO. C-9-1845

EXHIBIT B
Laguna Niguel Trolley Funding Table
Year 1* Year 2 Year 3 Year 4 Year 5

CAPITAL
OCTA Capital 90%1 42,525 $ 42,525 $ 44,370 44,370 44,370 Local Match 10%2 218,160
4,725 4,930 4,930 4,930 24,240
Total Capital $ 47,250 47,250 49,300 49,300 49,300 $ 242,400 0&M
OCTA Operations 90%1 136,922 127,458 129,960 $ 134,307 139,275 $ 667,922 Local Match 10% 15,214 14,162 15,475
74,214
Total O&M S 152,135 141,620 149,230 154,750 742,135
OCTA 90% Share $ 179,447 169,983 $ 174,330 $ 178,677 183,645 886,082 City 10% Match S 19,939 18,887 19,370
20,405 $
188,870 193,700 198,530 $ 204,050
*Service anticipated to start May 2020
1 Award may be escalated based on need and Consumer Price Index for future years.

OCTA operating subsidy will be no more than $9 per boarding, or 90% of net O&M costs, whichever is lower. There is no guarantee that OCTA will reimburse at 90% unless there is sufficient ridership to achieve a 90% reimbursement based on $9 per passenger.

COOPERATIVE AGREEMENT NO. C-9-1845

EXHIBIT C

OCTA PROJECT V QUARTERLY REPORT
Ridership & Statistical Data
Use this form to submit the required quarterly ridership reports for Project V funded services in operation. To remain in compliance with the CTFP Guidelines, service must the minimum service performance standards as outlined on page 6-6.

Project Title: Click here to enter text.

Agency: Click here to enter text.

Fiscal Year Quarter Time Period Estimated Costs
19/20 1 July 1 - September 30 Click to enter.

Ridership and Statistical Data
Month/Year Revenue Vehicle Revenue Vehicle Cost per
Miles (RVM) Boardings Hours (RVH) Boarding Cost per RVH Cost per RVM Click to Click to Click to
Click to enter. Click to enter. Click to enter. Click to enter. enter. enter. enter.

Click to Click to Click to
Click to enter Click to enter. Click io enter. Click to enter. enter enter. enter.

Click to Click to Click to
Click to enter. Click to enter. Click to enter Click to enie:
enter. enter. enter.

TOTAL Click to Click to
Click to enter. Click to enter. Click lo enter Click to enter. enter. enter.

Total Boardings per
RVH
(Boardings/RVH)
I hereby certify that the information provided here is true, complete, and correct in all material respects.

Click to enter.

Print Name Signature Date
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 COOPERATIVE AGREEMENT NO. C-9-1845

EXHIBIT D

INVOICE TEMPLATE

PROJECT V - CAPITAL AND OPERATIONS & MAINTENANCE INVOICE Project Title:

Agency: Invoice Date:

To: Orange County Transportation Authority Invoice Number 600 S Main Street Contract Number _
Orange, CA 92863-1584 Total Request $
Attn: Joseph Alcock
- $ Ts Total
Year 1 Year 2 Year 4 Year 5 Year 6
FY 20XX-XX FY 20XX-XX FY 20XX-XX FY 20XX-XX FY 20XX-XX FY 20XX-XX OCTA $ $ $ $
County Share $ : :
$ $ $ $ $ $
(minimum 10%)
Billing Period Costs Match % Local Share TOCTA Reimbursement |(A) |(B). (C =(A*B)) |(D= (A-C))
Month Year - Month Year $0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Total Reimbursement Requested: $0.00
Date Ridership and Statistical Data for Period Invoiced Required for O&M Invoicing Tolal Revenue Vehicle Hours (E) eimbursement Requested ( $0.00 et Operating Costs (costs less fares or off
Total Boardings (F) non-OCTA subsidy)'
Boardings per Revenue Vehicle Hour (F/E=G)? #DIV/O! Reimbursement/Net Operaling Costs(H/I)' #DIV/O! Operaling Costs 0.00 Reimbursement per Boarding (HIF)' #DIV/O! Trogress; The back omare and correct statement rice pre, cop rear brect and material respects
Signed Date
' Reimbursement shall not exceed $9 per boarding.