Background:
On March 4, 2025, City Council authorized acceptance of $1.8 million grant award for The CMO Voucher Pilot Program. The CMO Voucher Pilot Program provides funding for community-driven mobility projects that increase residents’ access to key destinations by providing clean transportation options. All projects funded by CMO must directly benefit residents of a low-income community or a disadvantaged community (DAC). The project area must either be DAC as defined by SB 535, a low-income community or household as defined by Assembly Bill 1550 or Tribal land within DACs or low-income communities.
As identified in the March 4, 2025 City Council Agenda Report (Attachment 5), the first phase of the program included outreach and engagement with the community. Additionally, staff can recommend changes to the vehicle type or route to the Program Administrator as a result of community outreach findings. The initial CMO grant proposal designated four MotoEV Electro Transit Buddy vehicles at a total budgeted cost of $228,000. However, limitations such as speed restrictions and street-legal compliance issues with the vehicles were identified. After further 1 Meeting Date: June 17, 2025 Agenda Item: 11T.
CITY OF SAN CLEMENTE
discussions with the vendor’s sales and procurement team, it was determined that an alternative vehicle type would be necessary for the program.
Additional constraints, such as fixed-route ADA compliance requirements, further limit the availability of suitable vehicles on the market. To identify viable alternatives, staff explored options listed on the California HVIP website, which includes vehicles potentially eligible for incentive funding, pending availability. In addition, staff attended the Advanced Clean Transportation Expo to gather further insights into the current available vehicle options.
As a result, staff identified three alternative vehicle options: 1) Hometown Trolley, 2) KarsanDamera Mini Bus, and 3) EV Star Mobility Plus Shuttle. Images and descriptions of these vehicles are provided in Attachment 2. To gather public input, these options were presented at three community events: the Earth Day Fair on April 26, 2025; the Cinco de Mayo Festival on May 3, 2025; and the Annual San Clemente Car Show on May 31, 2025. Additionally, a map of the service areas and nearby amenities (Attachment 4) was also presented to collect community input, helping inform the number and placement of transit stops.
The first two events showcased all three vehicle options (Attachment 2), along with estimated costs and passenger capacities, to help inform public feedback. Following these events, staff analyzed the collected data, price points, and capacity metrics, and subsequently narrowed the selection to two vehicle options (Trolley or Shuttle). For the final community event, staff updated the presentation poster (Attachment 3) to feature only the two remaining options, detailing the features and benefits of each. Additionally, the shuttle image was revised – replacing the original plain white shuttle with a more visually engaging depiction of two shuttles featuring colorful vehicle wraps.
The survey results of the engagement sessions are as follows:
Events Option #1:
Trolley
Option #2: Mini
Bus
Option #3:
Shuttle
4/26/25 15 8 3
4/3/25 37 10 5
4/31/25 38 n/a 35
Community engagement data initially indicated a strong preference for the Trolley; however, responses from the final engagement session were nearly split between the Trolley and the Shuttle(s).
A key distinction between the alternative vehicle options is cost. Both vehicle options are substantially more expensive than the small electric shuttles cited in the original grant application, but two shuttles (approximately $300,000 each) can be acquired for approximately the same cost as a single trolley (approximately $550,000 to procure a model consistent with CMO Program requirements). Another significant difference is the level of service: with two shuttles, wait times would be reduced, and the shuttle vehicles would be better suited to navigate narrow streets if the route did not follow arterials.
2 Meeting Date: June 17, 2025 Agenda Item: 11T.
CITY OF SAN CLEMENTE
The data collected for the desired transit stop locations identifies numerous desired stops within and adjacent to the grant service areas (Attachment 4), which indicates a higher level of service could be warranted and supports the selection of multiple Shuttles, rather than a single Trolley.
Another factor to consider is the driver(s) costs, which is still expected to be the greatest cost of the program. Given the shift from four vehicles to one or two, staff costs are expected to be reduced enough to offset the increased vehicle purchase costs. Accordingly, staff are not requesting City Council authorization for additional City funding or grant match beyond the $534,000 that was authorized in March 2025. The grantor has indicated they are amenable to an amendment to their grant agreement and budget to enable the City to purchase the desired vehicles and that operational funds may be shifted from reduced driver costs.
Due to recent changes with the existing e-trolley manufacturer – including the adoption of a new electric chassis supplier and extended lead times – staff recommends proceeding with the acquisition of two electric shuttles in order to provide the service required by the grant terms and desired by the community. Staff proposes that the selection of the final make and model be made by staff through evaluation of price, lead time, and reliability ratings.
Council Options:
Approve Resolution No. 25-103, directing staff to negotiate necessary budget revisions to the Clean Mobility Options (CMO) Voucher Pilot Program Grant to enable the purchase of the alternative, qualifying electric vehicles, and finding the project statutorily exempt from the California Environmental Quality Act (CEQ) under California Public Resources Code § 21080.25.
Continue the item and direct staff to provide additional information.
Environmental Review/Analysis:
The City of San Clemente’s proposed project under the Clean Mobility Options (CMO) Voucher Pilot Program is statutorily exempt from CEQA under California Public Resources Code § 21080.25 because it involves a new transit service on existing public right of way within an urbanized area.
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council approve Resolution No. 25-103, which would:
1. Direct the City Manager, or designee, to negotiate necessary budget revisions to the Clean Mobility Options (CMO) Voucher Pilot Program Grant, to enable the purchase of the alternative, qualifying vehicles consistent with City Council recommendation and requirements of the grantor; and
2. Find the Clean Mobility Options (CMO) Voucher Pilot Program, as modified, statutorily exempt from the California Environmental Quality Act pursuant to California Public Resources Code § 21080.25.
3 Meeting Date: June 17, 2025 Agenda Item: 11T.
CITY OF SAN CLEMENTE
..endAttachments:
1. Resolution 25-103
2. Community Engagement Poster – Vehicle Options 1
3. Community Engagement Poster – Vehicle Options 2
4. Community Engagement Poster – Desired Transit Stop Location Map
5. Resolution 25-18 and March 4, 2025 Agenda Report
Notification:
None.
4 Attachment 1
RESOLUTION NO. 25-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, DIRECTING STAFF TO
NEGOTIATE NECESSARY BUDGET REVISIONS TO A $1.8
MILLION GRANT AWARD FOR CLEAN MOBILITY OPTIONS
VOUCHER PILOT PROGRAM’S 2023 MOBILITY PROJECT
VOUCHER, TO ENABLE THE PURCHASE OF
ALTERNATIVE QUALIFYING ELECTRIC VEHICLES, AND
FINDING THE PROJECT STATUTORILY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
CALIFORNIA PUBLIC RESOURCES CODE § 21080.25
WHEREAS, the Clean Mobility Options Voucher Pilot Program (“CMO”) provides funding for community-driven mobility projects that increase residents’ access to key destinations by providing various clean transportation options; and WHEREAS, on February 21, 2023, the City Council of the City of San Clemente directed City staff to apply for a grant under the CMO Voucher Pilot Program’s 2023 Mobility Project Voucher (“MPV”); and
WHEREAS, the City of San Clemente, qualifies as a voucher applicant per the Implementation Manual for the Clean Mobility Options (hereinafter “CMO”) Voucher Program (hereinafter “Program”); and
WHEREAS, the City of San Clemente, as Lead Applicant, submitted a Mobility Project Voucher Application on March 1, 2023, for the Clean Mobility Options Voucher Pilot Program (“CMO”), which application was for the procurement of light or medium duty battery electric vehicles to serve local mobility needs for the AB 1550 Low-income Communities west of Interstate 5, south of Avenida Pico, and north of Avenida Valencia; and WHEREAS, CALSTART, as the CMO Program Administrator, desires to contract with City of San Clemente for, and City of San Clemente desires to provide mobility services described in its application for the CMO MPV; and
WHEREAS, the City of San Clemente is eligible to receive funding through CMO, a statewide initiative funded by California Climate Investments and California Energy Commission Clean Transportation Program Investments, and administered by California Air Resource Board’s Program Administrator team to provide funding for zero-emission shared mobility options to under-resourced communities in California; and WHEREAS, the City of San Clemente will comply with the requirements of the program and on March 6, 2025 the City Council passed a resolution to accept CMO voucher funds in the amount of up to $1,800,000 for the San Clemente NEV Circulator Program for FY 2024/25 through 2029/30; and
WHEREAS, the City of San Clemente staff have reviewed commercially available vehicle models and associated costs of procurement and operation, and procurement of any 5 Resolution No. 25-103 Page 2
qualifying commercial vehicles will require a revision to the grant agreement to reallocation or potion of operations costs to capital costs, in order to provide the service required by the grant terms and desired by the community.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That based on the record as a whole, as may be revised to enable purchase of alternative qualifying vehicles, the project is hereby determined to be statutorily exempt from the California Environmental Quality Act under California Public Resources Code § 21080.25 because it involves a new transit service on existing public right of way within an urbanized area.
SECTION 2. That the City Manager, or designee, is hereby authorized and directed to negotiate revisions to Agreement Number MP23W2A-11G, previously approved by City Council on March 4, 2025, to reallocate up to $400,000 from vehicle operations funds to vehicle purchase capital costs (for total capital costs not to exceed $628,000, with no changes to the City’s previous commitment of $534,000 in matching funds for operations, reiterate the City’s CMO program commitment and compliance, and solicit draft contract agreements with the CMO Program Administrator Team and a qualifying vehicle provider.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________
City Clerk of the City of
San Clemente, California
__________________________
Steve Knoblock, Mayor of the
City of San Clemente, California
6 Resolution No. 25-103 Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-103 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
7 Karsan-Damera e-JEST $290,000 10 Passengers, 2 fold-down seats, 1 ADA (& 9 max standing) Clean Mobility Options Voucher Program (CMO) CMO is a statewide initiative that provides funding for zero-emission shared mobility options to under-resourced communities in California. CMO is available throughout California to all eligible disadvantaged and low-income communities and tribal governments, to increase access to safe, reliable, convenient and affordable transportation options. For eligibility requirements, application information and to contact the technical assistance team, please visit: www.cleanmobilityoptions.org. $1.8 Million CMO Grant Project to Expand Transit Options Funds to be utilized for Vehicles & Drivers Vehicle & Route Selection Guided by Public Input Year-Round Route to Connect Business & Commercial Centers to Neighborhoods & Existing Routes Green Power Motor Company EV Star Mobility Plus $201,000 18 Passengers, 2 wheelchairs, & driver Hometown Trolley-Motiv $350,000 - $450,000 30 Passengers (configurations vary) Option 1 Trolley Option 2 Mini-Bus Option 3 Shuttle Attachment 2 8 Clean MobHlty Option$ Voucher Program (CMG} Clean ~Mo~ility Options (,~ • .<', - ~'<; ~ AA~«-<} - - f~ -, IU .lj • .l i1 .J - - \ ' ., ,' .......... 'II a -- \~ ~ , ' 1· -~ ... , 1,·' ·" ' ·~··· ' / ~. 'i'. ,, is-!'! . I .· 1 '.' '. · . i>1: .• . ',, I I lo,,' ,, ,.., .· 1 ~, ,, \1)f 1•1 r..-)~ , ... , i ' -=-- . '\. ' '~ .\ . ,,, _ _ ,, ' Details:
• $200,000 - $300,000• 18 Passengers & 2 wheelchairs• $60k HVIP Zero-Emission Incentive• Range: 150 miles• Charging: Level 2 (8h) & DCFC (2h)• Weight: 14,330 lbs. “CMO is a statewide initiative that provides funding for zero-emission shared mobility options to under-resourcedcommunities in California. CMO is available throughout California to all eligible disadvantaged and low-incomecommunities and tribal governments, to increase access to safe, reliable, convenient and affordabletransportation options. For eligibility requirements, application information and to contact the technicalassistance team, please visit: www.cleanmobilityoptions.org.” Details:
• $480,000 - $520,000• 30 Passengers & 2 wheelchairs• $85k HVIP Zero-Emission Incentive• Range: 105 miles• Charging: Level 2 (3.75-8 hours)• Weight: 26,000 lbs.
Clean Mobility Options Voucher Program (CMO)
$1.8 Million CMO Grant Project to Expand Transit Options • Funds to be utilized for Vehicles & Drivers• Vehicle & Route Selection Guided by Public Input• Year-Round Route to Connect Business & Commercial Centers to Neighborhoods & Existing Routes
Option 2Hometown Trolley
Option 1Electric Shuttle
PROS
• Lower Cost – Could Acquire Two Vehicles• Shorter Wait Times with Two Vehicles• Nimble on Narrow Streets PROS
• Higher Capacity for Passengers• Matches Existing Trolleys• Open-Air Attachment 3
9 10
Number of Pins by Looation
• 1 .4
• 5.9
- 10-13
• 14-18
19-22
•SWvk:e.Areas
- Shopping [)jlibict:I
Parks
Trolley~ .
• Blu~Une
- Red Une
-Greenune:
• Blueand Red Une.
II Green and Red Une
Attachment 4
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11U.
Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO ACCEPT OCTA MEASURE M2 PROJECT V GRANT FUNDING of $8,235,081, APPROVE FIRST AMENDMENT TO TWO PROFESSIONAL
SERVICES AGREEMENTS WITH LAZ PARKING CALIFORNIA LLC FOR ADDITIONAL
TROLLEY OPERATION SERVICES, APPROVE A SOLE SOURCE PURCHASE OF A TROLLEY FROM HOMETOWN MANUFACTURING, INC., APPROVE RELATED SUPPLEMENTAL APPROPRIATIONS TOTALING $1,223,238.88 FOR ALL LINES, AND
FINDING THE ACTIONS STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:
The recommended action would accept Orange County Transportation Authority (OCTA) grant revenue of $8,235,081, amend two professional service agreements to add additional trolley operation expenditures of $400,355.26 and $275,629.14 to the original contract that was approved on June 18, 2024, and authorize a supplemental appropriation of $23,875.10 from the General Fund to provide the City’s 10% local match requirement for purchase of a new trolley.
There will need to be a supplemental appropriation in the amount of $860,568.40 for the Red and Blue Line, as well as $362,670.38 for the Green Line for Fiscal Year 2024-25 and 2025-26, but both of these amounts will be offset with the OCTA revenue. There will be no impact to the General Fund, as the 10% contribution has already been budgeted for in the both Fiscal Years 2024-25 and 2025-26. Additional detailed financial information is discussed below.
Summary:
Before the City Council is the formal acceptance of the OCTA Measure M2 Project V grant funding, approval of the First Amendment to two Professional Services Agreements with LAZ Parking to provide additional trolley operation services (Attachment 2 & 3), and approval of a sole source purchase of one additional trolley from Hometown Manufacturing in the amount of $238,751.
Background:
The City Trolley Program is funded through a Measure M2 Project V Grant from OCTA. OCTA reimburses the City for 90% of operational costs within the allotted annual grant amounts. The existing standard schedule of services in the grant agreement provided for daily trolley operations between Memorial Day weekend and the final weekend in September on both the Red Line (downtown) and Blue Line (connection to Dana Point).
1 Meeting Date: June 17, 2025 Agenda Item: 11U.
CITY OF SAN CLEMENTE
Last year, the City submitted an application to OCTA for the 2024 Project V Grant, requesting year-round weekend service on the Red Line, seasonal operations on the Green Line, and funding for the purchase of an additional trolley. Staff is pleased to announce the recent approval of that grant, which will support both the newly proposed services and existing operations for the next seven years through FY 2030/31. See Attachment 4 for a Grant Summary. Under this approved grant, the City was awarded year-round Red Line operations from Friday through Sunday, as well as Green Line, Blue Line, and Red Line services operating from Memorial Weekend through the end of September.
The City will receive $8,235,081 through the 2024 OCTA Project V Grant to support additional trolley service lines, expanded operating dates, and the purchase of a new trolley. While the cooperative agreement is still in process, the projects have been granted pre-award authority by OCTA to allow the City to begin implementation efforts. Staff will return to the City Council for approval at a future date once the cooperative agreements are ready for execution.
Discussion:
On June 18, 2024, the City Council approved two three-year Agreements with LAZ Parking California LLC (LAZ) for operation of the trolleys. See Attachment 5 and 6. Currently, the LAZ Contract for Red Line operations does not include the newly approved year-round Friday through Sunday service, and therefore requires an amendment. Additionally, the LAZ Agreement for Green Line operations was originally limited to service from July 1 through September 30. With the recent grant approval to begin operations starting Memorial Day weekend, an amendment is also needed to align the Green Line schedule with the other trolley lines. These amendments will fund the additional service hours for the remainder of the contract term, through July 1, 2027.
As a result, a First Amendment to the LAZ Contract for Red and Blue Line operations in the amount of $400,355.26 is required to add year-round Friday through Sunday service on the Red Line for three years, including the current fiscal year. Additionally, a First Amendment to the LAZ Contract for Green Line operations in the amount of $275,629.14 is required to support operations beginning Memorial Day Weekend. These amendments will fund the additional service hours for the remainder of the contract term, through July 1, 2027.
Since the amount of the Project V grant funding was not known at the time of the request for proposal process or at the time that the contract was awarded to LAZ on June 18, 2024, during the budget process, staff is recommending a supplemental appropriation to fund both Fiscal Years 2024/25 and 2025/26. A supplemental appropriation in the amount of $860,568.50 and $362,670.38 will be recommended for the Red/Blue Line and Green Line, respectively. The total supplemental appropriation for all lines is $1,223,238.88. As previously mentioned, OCTA is funding 90% with 10% funding from the City. Below is a chart of the City’s and OCTA’s contribution for each respective year:
2 Meeting Date: June 17, 2025 Agenda Item: 11U.
CITY OF SAN CLEMENTE
Red &
Blue OCTA 90% General Fund Contribution 10% 021-808-43690 Year 1
FY25 $ 70,318.35
$
7,813.15 $ 78,131.50
Year 2
FY26 704,193.21 78,243.69 782,436.90
Totals $774,511.56
$
86,056.84 $ 860,568.40
Green
Line OCTA 90% General Fund Contribution 10% 021-808-43690 Year 1
FY25 $ 80,258.85
$
8,917.65 $ 89,176.50
Year 2
FY26 246,144.49 27,349.39 273,493.88
Totals $326,403.34
$
36,267.04 $ 362,670.38
In addition, through the OCTA Project V 2024 grant, the City was awarded up to $300,000 for the purpose of purchasing a new trolley. Staff recommends to proceed with a sole source procurement for the purchase of one additional trolley from Hometown Manufacturing, the same supplier that provided the last five trolleys currently in operation. See Attachment 7 for Sole Source Justification Memo.
Based on the City’s Procurement Policy and Procedure (pages 45-46), staff believes that several requirements have been met and competitive bidding is not necessary at this time. A sole source procurement ensures fleet consistency, operational efficiency, and time efficiency. Given the specific requirements for vehicle uniformity, operational needs, the limited number of vendors available and long production time (18 months), staff recommends proceeding with a sole source procurement with Hometown Trolley (see Attachment 7 for Sole Source Justification Memo).
The cost to purchase a new trolley from Hometown Manufacturing is $238,751. See Attachment 8 for Trolley Price Quote. OCTA contribution is 90% with a City local match of 10%.
Trolley Purchase Breakdown:
OCTA Contribution (90%) $214,875.90
City Contribution (10%) $23,875.10
Purchase of New Trolley $238,751.00
3 Meeting Date: June 17, 2025 Agenda Item: 11U.
CITY OF SAN CLEMENTE
Council Options:
Approve Resolution No. 25-104, which will formally accept the OCTA Measure M2 Project V grant funding, authorize the City Manager to execute the First Amendment to the two Professional Services Agreements with LAZ Parking California, LLC for additional trolley operation services, approve related supplemental appropriations, and authorize the sole source purchase of one additional trolley from Hometown Manufacturing in the amount of $238,751.
Modify and approve Resolution No. 25-104.
Continue to the Item with direction to provide additional information. Deny Resolution No. 25-104 and do not accept the grant funding or extend the trolley operations.
Environmental Review/Analysis:
Staff recommends that the City Council determine this project to be statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rightsof-way already in use.
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-104, which would:
..recommendation
1. Find the project statutorily exempt from CEQA under Public Resources Code section 21080(b)(10);
2. Accept the OCTA 2024 Project V Grant for trolley operations in the amount of $8,235,081 (to Local Transit Program revenue account 021-000-33757);
3. Approve a supplemental appropriation in the amount of $1,223,238.88 to the Local Transit Program revenue account 021-000-33757, which will offset the trolley contract expenditure account 021-808-43690;
4. Approve a supplemental appropriation in the amount of $214,875.90 from the Local Transit Program revenue account 021-000-33757 to the Local Transit Program automotive equipment expenditure account 021-808-45600;
5. Approve a supplemental appropriation in the amount of $23,875.10 from the General Fund Balance to the Local Transit Program automotive equipment expenditure account 021-808- 45600; and
6. Approve, and authorize the City Manager to execute, Amendment No. 1 to the Professional Services Agreement with LAZ Parking California LLC for Red and Blue Line trolley services, 4 Meeting Date: June 17, 2025 Agenda Item: 11U.
CITY OF SAN CLEMENTE
increasing the total not to exceed contract amount from $1,871,665.80 to $2,272,021.06 ($400,355.26 increase); and
7. Approve, and authorize the City Manager to execute, Amendment No. 1 to the Professional Services Agreement with LAZ Parking California LLC for Green Line trolley services, increasing the total not to exceed contract amount from $545,092.08 to $820,721.22 ($275,629.14 increase); and
8. Approve a sole source procurement and authorize the City Manager and/or Public Works Director to execute all necessary documents and agreements to purchase a trolley in the amount of $238,751 through Hometown Manufacturing LLC (Local Transit Program automotive equipment expenditure account 021-808-45600). ..end
Attachment:
1. Resolution No. 25-104
2. OCTA Project V Grant Summary Application
3. First Amendment to LAZ Contract- Red & Blue Line Operations
4. First Amendment to LAZ Contract- Green Line Operations
5. LAZ Professional Service Contract- Red & Blue Line Operations
6. LAZ Professional Service Contract- Green Line Operations
7. Sole Source Justification Memo Signed by City Manager
8. Quote from Hometown Manufacturing Inc.
Notification:
None.
5 Attachment 1
RESOLUTION NO. 25-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ACCEPTING OCTA
MEASURE M2 PROJECT V GRANT FUNDING,
APPROVING THE APPROPRIATIONS OF FUNDS TO THE
CITY LOCAL TRANSIT PROGRAM FUND, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENTS TO TWO PROFESSIONAL SERVICES
AGREEMENTS WITH LAZ PARKING CALIFORNIA LLC
FOR ADDITIONAL TROLLEY OPERATION SERVICES IN
AMOUNTS NOT TO EXCEED $2,272,021.06 AND
$820,721.22 RESPECTIVELY, APPROVING A SOLE
SOURCE PURCHASE OF A TROLLEY FROM HOMETOWN
MANUFACTURING, INC. FOR $238,751, AND FINDING
THE ACTIONS STATUTORILY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
PUBLIC RESOURCES CODE SECTION 21080(B)(10)
WHEREAS, on June 18, 2024, City Council approved two three-year contracts with LAZ Parking California LLC (LAZ) for continued trolley operation and also authorized staff to submit a grant application for Orange County Transportation Authority (OCTA) Measure M2 Project V funding for continuation and potential expansion of the City’s trolley program; and
WHEREAS, the City was awarded $8,235,081 for an expanded trolley program with funds available from Fiscal Year (FY) 2024/25-2030/31; and WHEREAS, the City is requried to match OCTA grants funds with a 10 percent fair share contribution; and
WHEREAS, the Project V grant award allows the City to operate three trolley lines (Red Line, Blue Line and the Green Line) from Memorial Day weekend through September, and operation of the Red Line all year on Friday through Sundays until 2031; and WHEREAS, the amount of the Project V grant funding was not known at the time of the request for proposal process or at the time that the contracts were awarded to LAZ on June 18, 2024; and
WHEREAS, on June 18, 2024, the City Council awarded two three-year agreements to LAZ Parking California LLC (LAZ) for operation of the trolleys; and WHEREAS, the current LAZ agreement for Red Line operations does not include the newly approved year-round Friday through Sunday service and the current LAZ agreement for Green Line operations was originally limited to service from July 1 through September 30, therefore both agreements require amendments to operate the trolley lines consistent with actual grant funds awarded; and
6 Resolution No. 25-104 Page 2
WHEREAS, the extended scope of trolley services based on actual grant funds was within the scope of the original request for proposals for this program and requires amendments to both the three-year LAZ professional service agreements, specifically amending the Red and Blue Lines not to exceed contract amount from $1,871,665,80 to $2,272,021.06 (an increase of $400,355.26) and amending the Green Line not to exceed contract amount from $545,092.08 to $820,721.22 (an increase of $275,629.14); and WHEREAS, Section 1.7 of Article XI.A.1 of the City’s Procurement Policies and Procedures allows for an exemption to the City’s formal and informal solicitation process for sole source suppliers; and
WHEREAS, Hometown Manufacturing LLC is a sole source vendor for the purchase of the additional trolley that the City needs to fully implement the trolley operations funded by the grant award.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated fully herein.
SECTION 2. That this project is statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rights-of-way already in use.
SECTION 3. That the City hereby accepts the OCTA 2024 Project V Grant for trolley operations in the amount of $8,235,081 (to Local Transit Program revenue account 021-000-33757).
SECTION 4. That a supplemental appropriation in the amount of $1,223,238.88 to the Local Transit Program revenue account 021-000-33757 and offset with the trolley contract expenditure account 021-808-43690 is hereby approved.
SECTION 5. That a supplemental appropriation in the amount of $214,875.90 to the Local Transit Program revenue account 021-000-33757 and to the Local Transit Program automotive equipment expenditure account 021-808-45600 is hereby approved.
SECTION 6. That a supplemental appropriation in the amount of $23,875.10 from the General Fund to the Local Transit Program automotive equipment expenditure account 021-808-45600 is hereby approved.
SECTION 7. That the City Manager is authorized and directed to execute Amendment No. 1 to the Professional Services Agreement with LAZ Parking California LLC for Red and Blue Line trolley services in a total amount not to exceed $2,272,021.06, in a form substantially similar to that presented to City Council on June 17, 2025.
7 Resolution No. 25-104 Page 3
SECTION 8. That the City Manager is authorized and directed to execute Amendment No. 1 to the Professional Services Agreement with LAZ Parking California LLC for Green Line trolley services in a total amount not to exceed $820,721.22, in a form substantially similar to that presented to City Council on June 17, 2025.
SECTION 9. That the City Manager is hereby authorized and directed to execute all necessary documents and agreements to purchase a trolley in the amount of $238,751 through Hometown Manufacturing LLC (Local Transit Program automotive equipment expenditure account 021-808-45600) as a sole source vendor.
SECTION 10. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of June, 2025.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 8 Resolution No. 25-104 Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-104 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ___________, _____. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
9 RECOMMENDED FOR FUNDING No Agency Project 1,2 Initial Marketing O&M Total M2 Grant Local Match Match Rate Total Project Cost 1 Anaheim Anaheim Canyon Circulator -$ - $ 331,714 $ 331,714 $ 36,857 $ 10% 368,571 $ 2 County of Orange Expanded RanchRide Transit Service Program -$ 339,660 $ 3 880,124 $ 1,219,784 $ 135,532 $ 10% 1,355,316 $ 3 Dana Point Dana Point Trolley Continuity Program -$ - $ 2,702,000 $ 2,702,000 $ 2,157,326 $ 44% 4,859,326 $ 4 Irvine Irvine Special Event Circulators 44,500 $ 407,086 $ 4,019,835 $ 4,471,421 $ 552,648 $ 11% 5,024,069 $ 5 Laguna Beach Off-Season Weekend and Seasonal Services -$ - $ 5,212,250 $ 5,212,250 $ 622,550 $ 11% 5,834,800 $ 6 Laguna Beach Laguna Canyon Road/El Toro Road Laguna Local Service 12,500 $ - $ 2,011,989 $ 2,024,489 $ 2,024,489 $ 50% 4,048,978 $ 7 Laguna Niguel Laguna Niguel Summer Trolley Program 72,000 $ 1,853,176 $ 3 1,530,609 $ 3,455,785 $ 383,976 $ 10% 3,839,761 $ 8 Los Alamitos Los Alamitos On-Demand Service 1,000 $ 333,056 $ 3 1,596,416 $ 1,930,472 $ 1,930,472 $ 50% 3,860,944 $ 9 Mission Viejo Mission Viejo Circulator and Special Event -$ 51,100 $ 4,372,445 $ 4,423,545 $ 507,727 $ 10% 4,931,272 $ 10 Newport Beach Balboa Peninsula Trolley Service Continuation 18,000 $ 1,315,260 $ 3 1,241,460 $ 2,574,720 $ 318,692 $ 11% 2,893,412 $ 11 San Clemente Trolley Program 9,000 $ 270,000 $ 3 7,956,081 $ 8,235,081 $ 915,009 $ 10% 9,150,090 $ 12 San Clemente On-Demand Transit Programs 7,500 $ 398,448 $ 3 2,858,480 $ 3,264,428 $ 3,313,522 $ 50% 6,577,950 $ 13 San Juan Capistrano Expanded Summer Weekend and Special Event Trolley Service 9,000 $ 595,800 $ 3 1,921,212 $ 2,526,012 $ 280,668 $ 10% 2,806,680 $ 42,371,701 $ 13,179,468 $ 55,551,169 $ *Adjustments between phase allocations within a project can occur after programming approval; however, changes will not impact total M2 grant amoun FUTURE CONSIDERATION FOR FUNDING 1 Huntington Beach Special Event Shuttle Service 4 11,250 $ 439,830 $ 426,510 $ 877,590 $ 122,510 $ 12% 1,000,100 $ 2 Newport Beach Balboa Island/Corona del Mar Microtransit Service 5 -$ - $ 2,142,648 $ 2,142,648 $ 2,142,648 $ 50% 4,285,296 $ 3 Orange, City of Orange Community Circulator 1,6 80,000 $ - $ 2,146,600 $ 2,226,600 $ 247,400 $ 10% 2,474,000 $ 5,246,838 $ 2,512,558 $ 7,759,396 $ NOT RECOMMENDED FOR FUNDING 1 Costa Mesa Costa Mesa Community Based On-Demand Services 7 -$ 218,148 $ 939,803 $ 1,157,951 $ 1,273,331 $ 52% 2,431,282 $ 2 Garden Grove Garden Grove On-Demand Service 7 4,968 $ 303,061 $ 1,622,785 $ 1,930,814 $ 1,934,092 $ 50% 3,864,906 $ 3,088,765 $ 3,207,423 $ 6,296,188 $ 4. Project award contingent on receipt of application review comment response information. Future funding amount request and match rate may differ from what is listed here. 5. Project V-funded planning study anticipated to be completed by December 2024. City indicated following their initial request that they are considering traditional fixed route, as well as microtransit. Future funding amount request and match rate may differ from what is listed here. 6. Project V-funded planning study anticipated to be completed by December 2024/January 2025. Future funding amount request and match rate may differ from what is listed here. 7. Did not meet Project V general program objectives. Acronyms: M2 - Measure M2 O&M - Operations and maintenance OCTA - Orange County Transportation Authority TOTAL UNFUNDED 1. The cities of Buena Park and Orange submitted Project V applications that were not considered for funding. Local jurisdictions were deemed ineligible to receive M2 funds by the OCTA Board of Directors on May 28, 2024. 2. The cities of Huntington Beach and Seal Beach withdrew applications, Huntington Beach (HB) On-Demand Rideshare Program, totaling $3,220,000, and Seal Beach Microtransit Service Program, totaling $3,358,446, respectively. 3. Capital funding request to support vehicle lease or purchase, consistent with the intent of the Comprehensive Transportation Funding Programs Guidelines for Project V. 2024 Measure M2 Community-Based Transit Circulators (Project V) Call for Projects Programming Recommendations Capital TOTAL RECOMMENDED PROGRAMMING* TOTAL PENDING Attachment 2 10 11
2024 Measure M2 Community-Based Transit Circulators (Project V) Call for Projects Service Descriptions
RECOMMENDED FOR FUNDING:
11 .. ,:.r,1r~
San Clemente
Trolley Program
Continuation of Existing Service,
Expansion of Existing Service, and
New Service
.. ,:.r,1r~
e1111.•~U•:
The City of San Clemente is proposing to continue its existing Project V services, which operates daily summer and special events trolley services for approximately ten hours a day, connecting the new Outlets, San Clemente Pier, Metrolink Station, El Camino Real, and Avenida del Mar. The existing service is being requested for an expanded timeframe within each year and an additional seven years through June 30, 2031.
The City is also proposing a new "Green Line" route to expand their existing service area providing new connections to Southern San Clemente including the State Beach, several hotels and a connection with a shuttle from Camp Pendleton. A similar service was proposed in the 2020 Call for Projects but at that time the route mirrored Route 1. Changes have been made from the previous application to the 2024 proposed service that now complements Route 1 service as well as the existing Trolley services.
The City also proposed a new ''Yellow Line" route but prioritized expansion of the existing Trolleys and the new "Green Line" route for the funding that is available when considering the maximum annual allocation allowance. Essentially, the request for funding for this route was withdrawn to prioritze the funding for the other Trolley services.
Capital funds are being requested to purchase one vehicle. City to utilize existing Project V-funded vehicles. e:.arq,.-r~~l•H[•:
12 I San Clemente IThe City of San Clemente is requesting to continue their existing SC shared-ride hailing service, beyond its 6/30/2025 On-Demand Transit Programs expiration date. The on-demand service provides daily year-round transit for previous riders of OCTA routes 191 and 193.
The rideshare program picks up riders within 500 feet of former routes 191 and 193 bus stops. The C~y is requesting to Continuation of Existing Service and continue the existing service for an additional six years through June 30, 2031.
New Service
The City is also proposing a new on-demand "Last Mile" microtransit service which could either be provided by expanding the existing SC Rides service to neighborhoods not already served by either the Trolley or SC Rides or by hiring a mictrotransit provider. The new or expanded service would provide first and last mile connections to specific trolley stop locations and would only operate when the Trolleys operate.
No capital funds are requested. Vehicles are to be provided by selected transit operator.
Acronyms: ADA - The Americans with Disabilities Act of 1990 HB - Huntington Beach
Min- Minute
PCH - Pacific Coast Highway
SC - San Clemente
TBD - To be determined TNC - Transportation network company UCI - University of California, Irvine
VMT - Vehicle miles traveled
1 Seasonal,
Special Event
e:aar~
• Start Date: July 2024; July 2024 (new service) • Service Period / Days: Varies per route, season, and special event • Service Span: Varies per route and season • Service Frequency: Every 15 to 25 min, contingent on route e:.ar~
On-Demand, 1· Start Date: July 2024; January 2025 (new service) Shared-Ride Hailing, • Service Period/ Days: Year-Round, 365 days Microtransit • Service Span: Varies per route and season • Service Frequency: On-Demand
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application
Application Instructions
Project #1: Applicant: A. PROJECT INFORMATION
Project Name:
Service Type: Project Area Population Density (persons/sq. mi): 6,300 City (municipal boundary) Population Density (persons/sq.mi): 6,300 Yes If yes, how many? 4 (describe below) 1
2 3
4 Is this Project exclusively operating Special Event service? click to select B. OPERATING SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS 1 4,050 4,074 3,894 3,960 3,990 4,020 4,044 28,032 2 2,700 2,716 2,596 2,640 2,660 2,680 2,696 18,688
3 2,700 2,716 2,596 2,640 2,660 2,680 2,696 18,688
4 3,168 3,138 3,294 3,264 3,168 3,168 3,168 22,368
12,618 12,644 12,380 12,504 12,478 12,548 12,604 87,776 New Service
New Service
Existing Service - Other Service Modification
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
San Clemente Trolley Program - Updated
San Clemente Trolley Program - Updated
Traditional
City of San Clemente
See attached - Supporting Documentation. Project Description: Brief discussion of each Service Areas/Route named above with relevant information for each including, but not limited to:
- Route descriptions (where does it go from XX to XX, and roadways used) - Ridership market (Whom) is this intended to serve? (e.g., commuters, local activities, seasonal visitors, etc..) - Service Period (summer, seasonal, daily, weekend, special events, etc..) - Service Frequency/Days/Hours of Operations]
Clearly differentiate between new, expanded, and extended services.
Revenue Vehicle Hours (RVH)
RVH do not include 'deadhead' hours to maintenance and storage facility at beginning and end of shift. If Applicants pay separate costs for deadhead hours, these costs may be included with projected annual O&M costs (Section C).
Only include (SE) Special Event RVH if providing special event service outside of normal operating hours (see Section F.) Does your Project include more than one Traditional or On Demand service? (e.g. fixed route/trolley/shuttle etc., or ride-hail/microtransit etc.) Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) Proposed Service Name(s)
Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) Existing Service - Other Service Modification (explain in Project Description) Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Current Service Status:
Route Name(s)
Red Line - Dwtn Route Cont. Project (Mem - Sept 30
Blue Line - Dwtn Route Cont. Project (Mem - Sept
Green Line - Pier to SC State Beach (Mem - Sept 30 -
Red Line - Fri - Sun Year Round (excluding Mem -
Project Total
12 Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application C. COST SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 9,000 $ - $ - $ - $ - $ - $ - $ 9,000 $ 1,000 $ - $ - $ - $ - $ - $ - $ 1,000
$ 10,000 $ - $ - $ - $ - $ - $ - $ 10,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 270,000 $ - $ - $ - $ - $ - $ - $ 270,000 $ 30,000 $ - $ - $ - $ - $ - $ - $ 30,000
$ 300,000 $ 300,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,047,845 $ 1,086,832 $ 1,093,556 $ 1,132,802 $ 1,161,299 $ 1,198,338 $ 1,235,409 $ 7,956,081 $ 116,427 $ 120,759 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ 884,009 $ 1,165,532 $ 1,208,850 $ 1,216,322 $ 1,259,929 $ 1,291,592 $ 1,332,746 $ 1,373,937 $ 8,848,907 $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (8,817) $ 1,164,272 $ 1,207,591 $ 1,215,063 $ 1,258,669 $ 1,290,333 $ 1,331,486 $ 1,372,677 $ 8,840,091 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,326,845 $ 1,086,832 $ 1,093,556 $ 1,132,802 $ 1,161,299 $ 1,198,338 $ 1,235,409 $ 8,235,081 $ 147,427 $ 120,759 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ 915,009 $ 1,474,272 $ 1,207,591 $ 1,215,063 $ 1,258,669 $ 1,290,333 $ 1,331,486 $ 1,372,677 $ 9,150,091 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 592,000 $ 610,000 $ 628,000 $ 647,000 $ 665,000 $ 685,000 $ 705,000 $ 4,532,000 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 OVERALL 90.0% 90.0% 90.0% 90.0% 90.0% 90.0% 90.0% 90.0%
10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0%
D. COST BREAKDOWN
Include description of anticipated expenditures below
Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 2,500 2 $ 5,000
3 $ 2,500
Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 300,000 Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 80,000 2 $ 45,000
3 $ 10,000
4 $ 1,030,531
5 Maps $ 2,500
6 $ 5,000 Annual 7 $ 2,500
Project Summary OCTA % Match
Local % Match
Signage
OCTA Maximum Limits Annual Allocation
Subsidy Rate per Boarding
Cost per Boarding
Combined Match Rates - Initial Marketing, Capital, and O&M Combined Total Total Funding Request Total Local Match
Project Total Cost
OCTA Contribution
Local Match (10%)
Total O&M Cost
Less fares collected
Net O&M Cost
Capital Total
OCTA Contribution
Local Match (10%)
Total Capital Cost
Operations & Maintenance (O&M)
Annual
Note: M2 Funding amounts will be updated in OCFundTracker at the end of each Fiscal Year to reflect transfers of savings authorized by the OCTA Board on 8/10/2023.
Marketing Total
Total Initial Marketing Cost
OCTA Contribution
Local Match (10%)
Purchase of Trolley Vehicle
Initial Marketing
One-Time
Capital
Maps
Signage
Flyers
One-Time (1st year)
One-Time (1st year)
One-Time (1st year)
Annual
Annual
Annual
Trolley Washing
Trolley Vehicle Operations (varies yearly) see attached breakdown Flyers
Fuel
Trolley Maintenance
Operations & Maintenance (O&M)
Annual
Annual
13 I
I I
I I
-----
I I
I
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application
E. FUNDING SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,000 $ - $ - $ - $ - $ - $ - $ 1,000
$ 30,000 $ - $ - $ - $ - $ - $ - $ 30,000
$ 116,427 $ 120,759 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ 884,009 $ 915,009
Average User Fare ($) Anticipated per Boarding (FY 24/25 - 30/31): $ 0.00 Funding Source
(FY 24/25 to FY
30/31)
Initial
Marketing Capital O&M Funding Total
1 Fares Collected n/a n/a $ 8,816.50 $ 8,817
2 $ 7,000.00 $ 30,000.00 $ 878,891.00 $ 915,891
$ 924,708
$ 915,891
Level of Commitment
Local Funding Total
Local Match (Less Fares)
Proposed Local Match
Marketing
Capital
O&M
Proposed Local Match Total
Identify party providing funds (applicant, 3rd party, etc), phase of funding contribution (marketing, capital, O&M), total funding toward the Project, and current level of funding commitment (planned, binding agreement, programmed). Enter funding totals projected for the life of the grant period (FY 24/25 to FY 30/31).
Proposed Local Match (reference only)
Funding Sources, Phases, and Amounts
There is no additional funding sources. The City's match will be coming out of the General Fund.
Programmed
General Fund Planned
If selecting "Other" regarding Level of Commitment for funding sources, provide additional information below.
There is no additional funding sources. The City's match will be coming out of the General Fund.
Describe the Agency's contingency plan to manage budget to align with service demands, and address potential local, 3rd Party partner, and/or advertising revenue, funding, and match shortfalls
14 --------
15 Orange County Transportation Authority
Application Instructions
2024 Measure M2 Call for Projects
Project V Application
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
Project #1 San Clemente Trolley Program • Updated Applicant: City of San Clemente F. OPERATING PROFILE & SERVICE CALENDAR
Proposed Service Area/ Route #1
Red line - Dwtn Route Cont. Project (Mem - Sept 30 -
Daily)_
rlMl-!1Pl:ili,
3 3 3
Does this service include Special Event operations outside of the regular operating hours and periods identified above? click to select (if yes)
p-f-M··SH,+1 click ta enter.
click to enter.
Provide any additional relevant information regarding Red line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) or related special event operations, below.
The City requets up to 10 additional days of service for City Events/and or Holidays. The City events can not be determined at this time.
F-1
16 Orange County Transportation Authority
Application Instructions
2024 Measure M2 Call for Projects
Project V Application
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
Project #1 San Clemente Trolley Program • Updated Applicant: City of San Clemente F. OPERATING PROFILE & SERVICE CALENDAR
Proposed Service Area/ Route #2
Blue line - Dwtn Route Cont. Project (Mem - Sept 30 -
Daill'.!.
~,••IT·ai,l.i.1,~l-m&;n'l!I.
6.9 moles 15 mons.
rf Ml-:'Pi:ili,
2 2 2
Does this service include Special Event operations outside of the regular operating hours and periods identified above? click to select (if yes)
click to enter.
Provide any additional relevant information regarding Blue line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) or related special event operations, below.
The City requets up to 10 additional days of service for City Events/and or Holidays. The City events can not be determined at this time.
F-2
17 Orange County Transportation Authority
Application Instructions
2024 Measure M2 Call for Projects
Project V Application
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
Project #1 San Clemente Trolley Program • Updated
F. OPERATING PROFILE & SERVICE CALENDAR
Proposed Service Area/ Route #3
Green Line - Pier to SC State Beach (Mem - Sept 30 -
Daill'.)_
2 Does this service include Special Event operations outside of the regular operating hours and periods identified above? (if yes)
Applicant:
2 click to select
Provide any additional relevant information regarding Green line - Pier to SC State Beach (Mem - Sept 30 - Daily) or related special event operations, below.
City of San Clemente
enter start L end time
The City requets up to 10 additional days of service for City Events/and or Holidays. The City events can not be determined at this time.
F-3
~lMl·:'Pl:ili~
2 click to enter.
18 Orange County Transportation Authority
Application Instructions
2024 Measure M2 Call for Projects
Project V Application
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
Project #1 San Clemente Trolley Program • Updated Applicant: City of San Clemente F. OPERATING PROFILE & SERVICE CALENDAR
Proposed Service Area/ Route #4
Red Line • Fri • Sun Year Round (excluding Mem • Sept
30Dall}')_
~lMl-!'di:ili~
~f 9 .. ,;;.:;;;,
3 3 3
Does this service include Special Event operations outside of the regular operating hours and periods identified above? click to select (if yes)
enter start Lend time click to enter.
Provide any additional relevant information regarding Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) or related special event operations, below.
The City requets up to 10 additional days of service for City Events/and or Holidays. The City events can not be determined at this time.
F-4
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application G. TRANSIT NETWORK and ACTIVITY CENTER CONNECTIVITY Regional Transit Service Connections - OC Bus routes, regional transit centers and rail stations (within 1/4 mile of Project) Operating Agency Connecting Transit Center and/or Fixed Route OCTA Route 1 1 OCTA Route 91 1 Amtrak Rail Service 1 Metrolink Rail Service 1 Local Transit Connections - locally operated fixed routes, shuttles, Project V services, etc
(within 1/4 mile of Project) Operating Agency Connecting Transit Center and/or Fixed Route Project V Funded (y/n) Service Total Connections Dana Point Dana Point Trolley Yes 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 20 On Demand SC Rides San Clemente Yes 2 Blue Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) 20
Senior Mobility Program San Clemente No 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 20 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) 20 Project Total Connections 80 Activity Center Connections - list all relevant activity centers (within a reasonable distance) served by the Project routes/service areas Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily)
Key Destinations Community and Cultural Centers
Enter total number of transit connections for each Project route / service area below.
San Clemente Outlets, San Clemente Pier, etc. San Clemente Library San Clemente Outlets, DMV, Dana Point Line, etc. Click to enter. San Clemente State Park, San Onofre State Park, Hotels and more San Clemente Library San Clemente Outlets, San Clemente Pier, etc. San Clemente Library Affordable Housing and High-Density Communities Tourist Attractions and Event Venues Retail,
Downtown Workforce Serra Housing San Clemente Outlets, San Clemente Pier, Beaches, Parks, Caminio Capistrano Shores San Clemente Outlets, San Clemente Pier, Beaches, Parks, Ave Comercio, Ave Magdalena (Ocean Fairways) San Clemente State Park, Beaches, Parks, WSL Surfing World Title at Trestles - San Onofre State Beach Downtown Workforce Serra Housing San Clemente Outlets, San Clemente Pier, Beaches, Parks, Other Regional Trip Generators Retails Retail, Hotels, SC Municipal Golf Course, Schools, Apartments, Medical Centers Retail 19 Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application H. COST EFFECTIVENESS FORECAST Provide rationale and supporting materials for opening date of service and ridership projections withing supplemental application documentation Anticipated use of Project V 2024 grant funding
Service Opening Mo. of Service Opening FY of Service Projected Average Annual Ridership Annual Operating Days Avg Daily Rideship 1 Red Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) Jan FY 24/25 299,000 130 2,300.0 2 Blue Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) Jan FY 24/25 65,000 130 500.0
3 Green Line - Pier to SC State Beach (Mem
- Sept 30 - Daily) Jan FY 24/25 35,750 130 275.0
4 Red Line - Fri - Sun Year Round (excluding
Mem - Sept 30 Daily) Jan FY 24/25 230,000 100 2,300.0 Average Annual Project Ridership (an cipated): 629,750 Average Annual O&M Cost (FY 24 to FY 31): 1,262,870 $ 100.71 $ 2.01 I. PROJECT READINESS Yes
(if Yes) Dates of existing contract procurement (advertisement) and award (selection) or extension: 5-14-24 (RFP Released) and 6-18-24 (Awarded) (if Yes) Was existing contract competitively procured? Yes (if Yes) Duration and expiration date of current transportation service Vendor contract? 6/30/2027 with two (1 year) extensions available When does Agency plan to procure (or re-procure) transporation service Vendor contract for Project V operations? 5/1/2027 Implementation Timeline
Performance Monitoring
See attached - Supporting Documenation.
Average Cost per
Boarding
Does Agency have an active contract with an appropriate transporation service Vendor and plan to use Vendor to operate proposed Project V services? For each Existing and New service proposed, provide a proposed timeline with proposed dates for key Project Readiness activities, including vehicle and operator procurement; any required training, startup testing and marketing activities in anticipation of revenue operations in the opening month/year for all Services identified in Section H tables, above. (Note: If Agencies have an existing Transportation Service Vendor, successful Project V recipients must competitively reprocure Vendor services by June 30, 2026.) See attached - Supporting Documenation.
Describe Agency approach to establishing reasonable thresholds and monitoring Project V Vendor key performance indicators (KPIs) including Customer Satisfaction (CS) and On-Time Performance (OTP) Average Cost per Rev. Hr
20 ti
Attachment 3
FIRST AMENDMENT TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR
SAN CLEMENTE TROLLEY TRANSIT OPERATION SERVICES – RED & BLUE LINE
This First Amendment to Professional Consultant Services Agreement for San Clemente Trolley Transit Operation Services – Red & Blue Line (this “First Amendment”) is made and entered into on this ____ day of ________, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and LAZ Parking California LLC (“Consultant”).
R E C I T A L S:
A. City and Consultant entered into that certain Professional Consultant Services Agreement for San Clemente Trolley Transit Operation Services – Red & Blue Line (the “Original Agreement”) on or about June 18, 2024.
B. City and Consultant desire to amend the Agreement in the manner provided herein.
C O V E N A N T S:
Section 3.1.1 of the Agreement is hereby amended to expand trolley services by including year-round Friday service on the Red Line, beginning October 1, 2025, resulting in an additional 5,034 service hours over the three-year term.
Section 3.3.1 of the Agreement is hereby amended to increase the total not to exceed contract amount from $1,871,665.80 to TWO MILLION TWO HUNDRED SEVENTY-TWO THOUSAND TWENTY-ONE AND SIX CENTS ($2,272,021.06).
Exhibit D of the Agreement is hereby amended to increase the Estimated Annual Service Hours for Year 1 to 8,908, Year 2 to 2,008, and Year 3 to 2,008.
Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
21 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: _________________________
___________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
____________________________
LAZ Parking California LLC
(“CONSULTANT”)
By:________________________________
(Name, Title)
Dated: ___________________________
By:________________________________
(Name, Title)
Dated: __________________________
22 Attachment 4
FIRST AMENDMENT TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR
SAN CLEMENTE TROLLEY TRANSIT OPERATION SERVICES – GREEN LINE
This First Amendment to Professional Consultant Services Agreement for San Clemente Trolley Transit Operation Services – Green Line (this “First Amendment”) is made and entered into on this ____ day of ________, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and LAZ Parking California LLC (“Consultant”).
R E C I T A L S:
A. City and Consultant entered into that certain Professional Consultant Services Agreement for San Clemente Trolley Transit Operation Services – Green Line (the “Original Agreement”) on or about June 18, 2024.
B. City and Consultant desire to amend the Agreement in the manner provided herein.
C O V E N A N T S:
Section 3.1.1 of the Agreement is hereby amended to expand trolley services by starting services Memorial Weekend, resulting in an additional 2,682 service hours over the three-year term.
Section 3.3.1 of the Agreement is hereby amended to increase the total not to exceed contract amount from $545,092.08 to EIGHT HUNDRED TWENTY THOUSAND SEVEN HUNDRED TWENTY-ONE AND TWENTY-TWO CENTS ($820,721.22).
Exhibit D of the Agreement is hereby amended to increase the Estimated Annual Service Hours for Year 1 to 2,662, Year 2 to 2,662, and Year 3 to 2,662.
Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
23 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: _________________________
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
LAZ Parking California LLC
(“CONSULTANT”)
By:________________________________
(Name, Title)
Dated: ___________________________
By:________________________________
(Name, Title)
Dated: __________________________
24 Attachment 5
25 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4
CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 18 day of June, 2024, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and LAZ Parking California, LLC, a Connecticut limited liability company, with its principal place of business at 10635 Santa Monica, Suite 145, Los Angeles, CA 90025 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provIsIon of certain professional trolley operation services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional trolley operation services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional trolley operation services for the San Clemente Trolley Transit Operation Services - Red & Blue Line project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional trolley operation services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to July 1, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of 26 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4 this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers' compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers' compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.
3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.
3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel 2 55452 .01100\31193624.5
27 Docusign Envelope ID : 94A28E08-D25C-41 F6-B964-4A83963BF6B4 of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mario Montenegro, General Manager.
3.2.7 City's Representative. The City hereby designates Dave Rebensdorf, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.8 Consultant's Representative. Consultant hereby designates Mario Montenegro, General Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences , and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3 55452.01100\31193624.5
28 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF684
3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION EIGHT HUNDRED SEVETY ONE THOUSAND SIX HUNDRED SIXTY-FIVE AND EIGHTY CENTS ($1,871,665.80) for the initial three-year term without written approval of the City Council. Extra Work may be authorized , as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement. 4 55452.01100\3 1193624.5
29 Docusign Envelope ID : 94A28E08-D25C-41 F6-B964-4A83963BF6B4
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1 .2, the rate set forth in Exhibit "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D."
3.3.6 Labor Code Requirements.
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses 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 and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
5 55452 .01100\31193624.5
30 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1 .2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1 .3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
LAZ Parking California, LLC
10635 Santa Monica Blvd, Suite 145
Los Angeles, Ca 90025
ATTN: Mario Montenegro
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 6 55452 .01100\31193624.5
31 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4 that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers . 7 55452.01100\31193624.5
32 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4
3.5.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California . Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third party 8 55452 .01100\31193624.5
33 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4 beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person , other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 9 55452 .01100\31193624.5
34 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4 ATTEST:
La11,£ pagnoto(Jul22,202~0829PDT)
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
Finance Authorization
55452 .01100\31193624.5
CITY OF SAN CLEMENTE
B Y, . A*Ha(t AndyHatt{Ul11,1oz414:~sPDT)
Andy Hall, City Manager
Dated: 7117 20 24 --------' --
~
Doc,1
i~eQ~SUL TANT")
/? /~
By: ____ __,.__-;.o=~,14.g;j,~--- 201g11irnG •• Qw ....
Mike Kuziak, COO
7/2/2024 Dated: ________ , 20 __
DocuSigned by:
Jok!A, s ~Jwl,.J
7/10/2024
Dated: ________ , 20 __
35 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4 EXHIBIT "A"
SCOPE OF SERVICES
10 Consultant shall perform the following services for the City and such additional services as the City requests in connection with the Project (collectively, the "Services"):
A. GENERAL INFORMATION
The Consultant will provide high quality, transportation operations service of the trolleys and timely expertise where needed. The scope of services for the trolley operation services includes supplying properly licensed and experienced drivers to operate the trollies, inspection of the trollies, providing insurance to cover the trollies and the trolley drivers. The City has on-site trolley maintenance, trolley washing, and fuel at the City Yard that can be used for trolley operation services by the Consultant.
The Consultant will fuel the trolley vehicles using City fuel tanks located in the City Yard near the trolley route. The City has the auditing process and reporting needed to track the trolley fueling. The fuel costs, trolley maintenance and washing will not be included in the Consultant's operation cost per hour per vehicle.
Since OCTA is providing the grant funds, the following requirements apply:
•
•
•
•
•
•
Separate and distinct operating hours and cost must be provided in the detail and as requested by the City, OCTA, and Federal Transit Administration, e.g., revenue vehicle hours, total boardings, boardings per revenue hour, operating costs, etc.
These records are to be provided monthly to the City.
Allow inspection and audit of records .
Operator shall indemnify City against liability for operation .
Termination for convenience within 60 days written notice .
Compliance with all applicable federal, state, and local laws and licenses .
Meet all ADA accessibility requirements .
Operators will record the number of users at each stop, vehicle hours, and other necessary reporting, separated by service, necessary to meet National Transit Database reporting.
The trolley service will be free for riders. Consultant shall provide a smartphone trolley tracker app for use on iPhone and Android platforms.
The Consultant shall be entitled to request an annual fee adjustment which is to be no greater than the United States Consumer Price Index (CPI) published by the Department of Industrial Relations for Southern California Region, commencing one year after execution of the Agreement.
The City and OCTA will require complete indemnification. By submitting a proposal, the Consultant agrees that the contents and requirements of the City's Request for Proposals shall become part of the Agreement for this work, and that it accepts the terms thereof.
The City reserves the right to order a decrease or increase in the level of service such as removing or adding routes or stop locations at any given time.
Consultant understands and agrees that the City is currently in discussion with OCTA for additional lines of service and operating dates. Trolley operating lines, schedule, times, and days are subject to change at the City's request. The City reserves the right to negotiate final cost and operating plans with the Consultant at any time.
Consultant shall also provide the ability to provide two (2) ADA accessible passenger shuttles 11 55452.01100\31193624.5
36 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4 and drivers for the operation of expanded service areas such as the 2023 "Green Line" transit service. The Green Line is expected to connect the San Clemente Pier to San Clemente State Beach. The City may alter the route or stops at its sole discretion. If the City is awarded the additional OCTA funds, the Green Line would likely be needed daily from July 1 through September.
B. ADMINISTRATION
Consultant shall be responsible for:
1. Identifying an On-site Manager who will oversee the proper operation and administration of all trolley services. The designated Manager must be available to the City at all times.
An organizational chart of Consultant's management personnel shall be included in the proposal.
2. Consultant shall adhere to the performance standards set by the City, and shall meet periodically with the City to evaluate its performance under the Agreement.
3. Attending preliminary meetings (if requested by the City) with City staff to finalize the logistics and paperwork to properly implement, coordinate, and administer the Trolley program to the satisfaction of the City and OCT A.
4. Hiring capable and courteous drivers.
5. Notifying the City of all trolley accidents and passenger injuries immediately and in writing by the close of the next business day.
6. Include the development and implementation of a smartphone trolley tracker app for use on iPhone and Android platforms.
C. CONSUL TANT EMPLOYEES
Consultant agrees that all individuals employed for this program will be employees of Consultant and Consultant will provide recruitment, hiring, and firing of employees.
The Consultant shall investigate all public complaints concerning trolley operations services. Consultant shall furnish a written report of the incident to the City Public Works Department within three (3) business days after the occurrence.
Consultant agrees that in carrying out its responsibilities under this Agreement, and in particular with regard to the employment of persons and sub-Consultants working on the project, it will not discriminate on the basis of race , color, creed, national origin, religion, sex, age, or handicap.
D. PAYROLL
Consultant (including the actual processing/distribution of payroll checks, processing payroll reports, etc.) will handle all payroll services. 12 55452 .01100\31193624.5
37 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4 EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City's satisfaction according to the timeframe and schedule requested by the City.
1 55452.01100\31193624.5
38 Docusign Envelope ID: 94A28E0B-D25C-41 F6-B964-4A83963BF6B4 EXHIBIT "C"
INSURANCE REQUIREMENTS
3.2.12 Insurance.
3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001 , or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $10,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1 ,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing , underground storage tanks , laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery,
55452.01100\31193624.5
39 Docusign Envelope ID : 94A28E08-D25C-41 F6-B964-4A83963BF6B4 business interruption, cyber extortion, social engineering , infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or ( 4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.
3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 55452.01100\31193624.5
40 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4 insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance 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 the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 effective upon notice.
3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.12.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
55452 .01100\31193624.5
41 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF6B4
3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.12.15 Sexual Abuse/Molestation Insurance: Sexual Abuse/ Molestation Liability Coverage with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Coverage may be provided as part of Commercial General Liability Coverage, Professional Liability Coverage, or as a separate policy. 55452 .01100\31193624.5
42 Docusign Envelope ID: 94A28E08-D25C-41 F6-B964-4A83963BF684 EXHIBIT "D"
COMPENSATION
In total compensation for the Services provided under this Agreement, the City shall pay the Consultant for actual hours of trolley operations based on the following schedule:
TROLLEY OPERATIONS:
ESTIMAT:ED
YEAR HOURLY RATE ANNUAL SERVICE TOTAL
1 2
3 HOURS
$76.75 7,890 $605,557.50
$79.05 7,890 $623,704,50
$81.42 7,890 $642.,403.80
GRAND TOTAL Y1EARS 'l-3 $1,871,665.80
✓ The above pricing applies to the Red and Brue Lir e servfce. The hourly rn,te le; inalm,!ve of all the fixed arid variable costs asoo<Jiated w•ith providing the service as outlined in the RFP. f or purpo·ses of tt,e talble, we have assumed a 3% (ncre,ase fn the subsequent years.
Total compensation under this Agreement shall not exceed $1,871,665.80 for the initial threeyear term. Additional work shall require approval in writing in advance by the City Manager. 55452.01100\31193624.5
43 Ooc!JSlgn Envelope ID; FC986DED-2755-428B-94BD-7DE0B71 034F9 WORKER'S COMPENSATION INSURANCE CERTIF_ICAIIO~
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of pe~ury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I
I
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier L /1.1 I,vSuru4AJ(£ LDIL(.)01Z,4no tv
Policy Number \AJJL\50 ( 02 0 (Y.-/ 5 / 0 53
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO
CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
55452.01100\31193624.5
44 Docusign Envelope ID: 94A28E08-D25C-41 F6-8964-4A83963BF684 ( 11 TI-Hl\11\'IM---tr
By: (\f\_ CC'i, l 'b vu____a ~-+--{,,lA -e ] ro
~::f\N~(•,~\ tf\A_ tvvi._a._J~
Title
q 4 9 )G (J --r1t eo Q__s-,) r.)y , -:tts Ir·
Address
Co~~~ ----'-t"A-{_--e._f_~_ O-_A- q ;}--.£ d6
55452.01100\31193624.5
45 CONTRACT SUBMITTAL FORM
(FOR USE IN SENDING CONTRACTS TO THE CITY CLERK'S DEPARTMENT FOR PROCESSING) Contract/Project Name: TROLLEY OPERATION SERVICES FOR THE RED/BLUE LINE AND GREEN LINE (2 SEPARATE CONTRACTS)
Has this contract been authorized by your Department Head? _X_Yes --No
(The City Clerk's Office will return your contract to you unprocessed if your Department Head has not authorized this contract.)
This contract is funded from Account:
021-808-43690-000-00000
Contractor Name: LAZ
Staff Contact: Phone Extension:
TANA TEMORY 949-361-6115
City Council Approval Date (Required for contracts over $25,000):
JUNE 18, 2024
Has the contractor signed all copies of the contract? And has the contractor signed the Workers Compensation Insurance Certification page at the end of the contract? X Yes No - - ---
(Note: With the exception of contracts requiring execution by a higher governmental agency, such as the State of California or County of Orange, contracts must be signed by the contractor prior to being submitted to the City Clerk's Department.)
COMMENTS: Thank You!
INSURANCE (Completed by City Clerk):
Y/N _ General Liability Y/N _ Workers' Compensation
Y/N _Auto Y /N _ Endorsement
Y /N _ Professional Liability Other:
DOES THIS CONTRACT REQUIRE STATE
NOTIFICATION PER CITY POLICY 801-3?
YES NO
46 Red Blue Signed by LAZ
Final Audit Report
Created:
By:
Status:
Transaction ID:
2024-07-17
Megan Jimenez ([email protected])
Signed
CBJCH BCAABAAjc 1 BJkx7 gU7Xb24zjl_ QoyO _HCAZbdbZ
"Red Blue Signed by LAZ" History
fJ Document created by Megan Jimenez ([email protected]) 2024-07-17- 2:42:22 PM GMT
2024-07-22
G?.. Document emailed to Elizabeth Mitchell ([email protected]) for signature 2024-07-17 - 2:42:33 PM GMT
g Document emailed to Andy Hall ([email protected]) for signature 2024-07-17- 2:42:33 PM GMT
C1.. Document emailed to Matthew Schmelzel ([email protected]) for signature 2024-07-17 - 2:42:34 PM GMT
P-.. Document emailed to Laura Campagnolo ([email protected]) for signature 2024-07-17- 2:42:34 PM GMT
fJ Email viewed by Matthew Schmelzel ([email protected]) 2024-07-17 - 3:19:11 PM GMT
O"o, Document e-signed by Matthew Schmelzel ([email protected]) Signature Date: 2024-07-17 - 3:24:02 PM GMT - Time Source: server fJ Email viewed by Laura Campagnolo ([email protected]) 2024-07-17- 5:33:41 PM GMT
fJ Email viewed by Andy Hall ([email protected])
2024-07-17 - 9:45:45 PM GMT
0"0 Document e-signed by Andy Hall ([email protected]) Signature Date: 2024-07-17 - 9:46:03 PM GMT - Time Source: server fJ Email viewed by Elizabeth Mitchell ([email protected]) 2024-07-19- 5:59:57 PM GMT
11 Adobe Acrobat Sign
47 0-0 Document e-signed by Elizabeth Mitchell ([email protected]) Signature Date: 2024-07-19 - 6:00:39 PM GMT - Time Source: server fj Email viewed by Laura Campagnolo ([email protected]) 2024-07-22 - 3:29:36 PM GMT
0-0 Document e-signed by Laura Campagnolo ([email protected]) Signature Date: 2024-07-22 - 3:29:48 PM GMT - Time Source: server 0 Agreement completed.
2024-07-22 - 3:29:48 PM GMT
II Adobe Acrobat Sign
Attachment 6
48 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E
CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 18 day of June, 2024, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and LAZ Parking California, LLC, a Connecticut limited liability company, with its principal place of business at 10635 Santa Monica, Suite 145, Los Angeles, CA 90025 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provIsIon of certain professional trolley operation services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional trolley operation services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional trolley operation services for the San Clemente Trolley Transit Operation Services - Green Line project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional trolley operation services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to July 1, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of 49 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed . Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers' compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
3.2.2 • PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers' compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.
3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.
3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel 2 55452.01100\31193624.5
50 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mario Montenegro, General Manager.
3.2.7 City's Representative. The City hereby designates Dave Rebensdorf, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.8 Consultant's Representative. Consultant hereby designates Mario Montenegro, General Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.10 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3 55452.01100\31193624.5
51 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E
3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed FIVE HUNDRED FORTY-FIVE THOUSAND AND NINETY-TWO DOLLARS AND EIGHT CENTS ($545,092.08) for the initial three-year term without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement. 4 55452.01100\31193624.5
52 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D."
3.3.6 Labor Code Requirements .
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq ., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing , then pursuant to Labor Code sections 1725.5 and 1771 .1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing , the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771 .1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses 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 and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
5 55452 .01100\31193624.5
53 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E
3.5.1 .1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1 .3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
LAZ Parking California, LLC
10635 Santa Monica Blvd, Suite 145
Los Angeles, Ca 90025
ATTN: Mario Montenegro
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 6 55452.01100\31193624.5
54 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 7 55452.01100\31193624.5
55 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E
3.5.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries.
8 55452.01100\31193624.5
There are no intended third party
56 Docusign Envelope ID: C87E3034-CDB1 -4CF8-9CB8-44289422408E beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty·, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted .
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 9 55452 .01100\31193624.5
57 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E ATTEST:
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
Finance Authorization
55452 .01100\31193624.5
CITY OF SAN CLEMENTE
By. ~wfWI,, • Andyttatt{U( 17, 2024 14:44 POT)
Andy Hall, City Manager
Dated: 7117 20 24 --------' --
~
DocuS~~GQNSLJL TANT")
/? ;-c;
By: ____ -2A=797_16D=65_E94-D3 ___ _
Mike Kuziak, COO
7/2/2024
Dated: ________ , 20 __
By: ______ Q==~=~=:=:~ ..... :~""':'""' .... f-~_J_
John Svenblad, President
7/10/2024
Dated: ________ , 20 __
58 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E EXHIBIT "A"
SCOPE OF SERVICES
10 Consultant shall perform the following services for the City and such additional services as the City requests in connection with the Project (collectively, the "Services"):
A. GENERAL INFORMATION
The Consultant will provide high quality, transportation operations service of the trolleys and timely expertise where needed. The scope of services for the trolley operation services includes supplying properly licensed and experienced drivers to operate the trollies, inspection of the trollies, providing insurance to cover the trollies and the trolley drivers. The City has on-site trolley maintenance, trolley washing , and fuel at the City Yard that can be used for trolley operation services by the Consultant.
The Consultant will fuel the trolley vehicles using City fuel tanks located in the City Yard near the trolley route. The City has the auditing process and reporting needed to track the trolley fueling . The fuel costs , trolley maintenance and washing will not be included in the Consultant's operation cost per hour per vehicle.
Since OCTA is providing the grant funds, the following requirements apply:
•
•
•
•
•
•
Separate and distinct operating hours and cost must be provided in the detail and as requested by the City, OCTA, and Federal Transit Administration, e.g., revenue vehicle hours, total boardings, boardings per revenue hour, operating costs, etc.
These records are to be provided monthly to the City.
Allow inspection and audit of records .
Operator shall indemnify City against liability for operation .
Termination for convenience within 60 days written notice .
Compliance with all applicable federal, state, and local laws and licenses .
Meet all ADA accessibility requirements .
Operators will record the number of users at each stop, vehicle hours, and other necessary reporting, separated by service, necessary to meet National Transit Database reporting.
The trolley service will be free for riders. Consultant shall provide a smartphone trolley tracker app for use on iPhone and Android platforms.
The Consultant shall be entitled to request an annual fee adjustment which is to be no greater than the United States Consumer Price Index (CPI) published by the Department of Industrial Relations for Southern California Region, commencing one year after execution of the Agreement.
The City and OCTA will require complete indemnification. By submitting a proposal, the Consultant agrees that the contents and requirements of the City's Request for Proposals shall become part of the Agreement for this work, and that it accepts the terms thereof.
The City reserves the right to order a decrease or increase in the level of service such as removing or adding routes or stop locations at any given time.
Consultant understands and agrees that the City is currently in discussion with OCTA for additional lines of service and operating dates. Trolley operating lines, schedule, times, and days are subject to change at the City's request. The City reserves the right to negotiate final cost and operating plans with the Consultant at any time.
Consultant shall also provide the ability to provide two (2) ADA accessible passenger shuttles 11 55452 .01100\31193624.5
59 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E and drivers for the operation of expanded service areas such as the 2023 "Green Line" transit service. The Green Line is expected to connect the San Clemente Pier to San Clemente State Beach. The City may alter the route or stops at its sole discretion. If the City is awarded the additional OCTA funds, the Green Line would likely be needed daily from July 1 through September.
B. ADMINISTRATION
Consultant shall be responsible for:
1. Identifying an On-site Manager who will oversee the proper operation and administration of all trolley services. The designated Manager must be available to the City at all times.
An organizational chart of Consultant's management personnel shall be included in the proposal.
2. Consultant shall adhere to the performance standards set by the City, and shall meet periodically with the City to evaluate its performance under the Agreement.
3. Attending preliminary meetings (if requested by the City) with City staff to finalize the logistics and paperwork to properly implement, coordinate, and administer the Trolley program to the satisfaction of the City and OCT A.
4. Hiring capable and courteous drivers.
5. Notifying the City of all trolley accidents and passenger injuries immediately and in writing by the close of the next business day.
6. Include the development and implementation of a smartphone trolley tracker app for use on iPhone and Android platforms.
C. CONSUL TANT EMPLOYEES
Consultant agrees that all individuals employed for this program will be employees of Consultant and Consultant will provide recruitment, hiring, and firing of employees.
The Consultant shall investigate all public complaints concerning trolley operations services. Consultant shall furnish a written report of the incident to the City Public Works Department within three (3) business days after the occurrence.
Consultant agrees that in carrying out its responsibilities under this Agreement, and in particular with regard to the employment of persons and sub-Consultants working on the project, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap.
D. PAYROLL
Consultant (including the actual processing/distribution of payroll checks, processing payroll reports, etc.) will handle all payroll services. 12 55452.01100\31193624.5
60 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City's satisfaction according to the timeframe and schedule requested by the City.
1 55452.01100\31193624.5
61 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E EXHIBIT "C"
INSURANCE REQUIREMENTS
3.2.12 Insurance.
3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001 , or the exact equivalent, with limits of not less than $2 ,000,000 per occurrence and no less than $4 ,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $10,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery,
55452.01100\31193624.5
62 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or ( 4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.
3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium .
3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 55452 .01100\31193624.5
63 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance 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 the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 effective upon notice.
3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.12.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
55452 .01100\31193624.5
64 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E
3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.12.15 Sexual Abuse/Molestation Insurance: Sexual Abuse/ Molestation Liability Coverage with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Coverage may be provided as part of Commercial General Liability Coverage, Professional Liability Coverage, or as a separate policy. 55452 .01100\31193624.5
65 Docusign Envelope ID: C87E3034-CDB1-4CF8-9CB8-44289422408E EXHIBIT "D"
COMPENSATION
In total compensation for the Services provided under this Agreement, the City shall pay the Consultant for actual hours of trolley operations based on the following schedule:
SHUTTLE OPERATIONS
F~TIMATFn
YEAR HOURLY RATE ANNUAL SERVICE TOTAL
1 2
3 HOURS
$99.75 1,768 $176,358.00
$102. 74 1,768 $181 ,644.32
$1Q5.S2 1,768 $187,089.76
GRANO TOTAL YEARS 1-3 $545,092.08
✓ The above pricing appHes to the Green Line service. The hourly rate is inclusive of all the fixed and variable costs associated wiU1 providing the service as outlined in the RFP. For purposes -of the table, we have assumed a 3% increase in the subsequent years.
Total compensation under this Agreement shall not exceed $545,092.08 for the initial three-year term. Additional work shall require approval in writing in advance by the City Manager. 55452.01100\31193624.5
66 DoctJSlgn Envelope 10: FC986DED-2755-4288-948D-7DE0B71034F9 WORKER'S COMPENSATION INSURANCE CERTIFICATIOt:,i
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of pe~ury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I
I
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier L 111 Irvsuru4.AJ(£ LDILvo/Z,4no t0
PolicyNumber vJA50 [D20CX-/5/O53
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO
CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
55452.01100\31193624.5
67 Docusign Envelope ID: 94A28E08-025C-41 F6-8964-4A83963BF684 By:
("Offi~-1::1-1 TANT")
(\f\_ U.'\ ~ 0 ~U,__Q ~-1--l,,IA -e_] r-{)
~-::f \t~ '( Ci'-.,\ i/V\ CVvL Q_ J ~ Title
q 4 9 5'G U-ftA Co C\.S·~ r.:>,, -ifS r r ·
Address
~~+6\_ _,!_i~_-e._f._~-+---O_A- q ;}-.£ d6
55452.01100\31193624.5
68 Green signed by LAZ only
Final Audit Report
Created:
By:
Status:
Transaction ID:
2024-07-17
Megan Jimenez ([email protected])
Signed
CBJCHBCAABAA7Y68s-SSLxeHvvWtXoFTi56HrtL5-fsV
"Green signed by LAZ only" History
'El Document created by Megan Jimenez ([email protected]) 2024-07-17 - 2:57:14 PM GMT
2024-07-22
g Document emailed to Elizabeth Mitchell ([email protected]) for signature 2024-07-17 - 2:57:30 PM GMT
G?. Document emailed to Andy Hall ([email protected]) for signature 2024-07-17 - 2:57:30 PM GMT
g Document emailed to Matthew Schmelzel ([email protected]) for signature 2024-07-17- 2:57:31 PM GMT
E1. Document emailed to Laura Campagnolo ([email protected]) for signature 2024-07-17 - 2:57:31 PM GMT
'El Email viewed by Matthew Schmelzel ([email protected]) 2024-07-17 - 3:24:52 PM GMT
&o, Document e-signed by Matthew Schmelzel ([email protected]) Signature Date: 2024-07-17 - 3:25: 18 PM GMT - Time Source: server 'El Email viewed by Laura Campagnolo ([email protected]) 2024-07-17 - 5:35:56 PM GMT
'El Email viewed by Andy Hall ([email protected])
2024-07-17 - 9:44:03 PM GMT
&o, Document e-signed by Andy Hall ([email protected]) Signature Date: 2024-07-17 - 9:44:29 PM GMT - Time Source: server fl Email viewed by Elizabeth Mitchell ([email protected]) 2024-07-19 - 5:55:27 PM GMT
II Adobe Acrobat Sign
69 &0 Document e-signed by Elizabeth Mitchell ([email protected]) Signature Date: 2024-07-19 - 5:59:09 PM GMT - Time Source: server 'El Email viewed by Laura Campagnolo ([email protected]) 2024-07-22 - 3:30:02 PM GMT
&0 Document e-signed by Laura Campagnolo ([email protected]) Signature Date: 2024-07-22 - 3:30:13 PM GMT - Time Source: server 0 Agreement completed.
2024-07-22 - 3:30:13 PM GMT
II Adobe Acrobat Sign
Attachment 7
70 San
Clemente
MEMORANDUM
THE SPAN ISH VILLAGE BY T H E SEA
Date: April 1 , 2025
To: Andy Hall, City Manager
From: Zak Ponsen, Assistant City Enginee0f
Subject: Sole Source Justification for the Purchase of a Trolley Through the OCTA Project V 2024 grant, the City was awarded $300,000 for the purpose of purchasing a new trolley. As of July 1, 2024, the City had authorization from OCTA to use these funds. City Staff recommends to proceed with a sole source procurement for the purchase of one additional trolley from Hometown Trolley, the same supplier that provided the last five trolleys currently in operation. Given the specific requirements for vehicle uniformity, operational needs, the limited number of vendors available and long production time (one-year estimated), Staff recommends moving forward with a sole source procurement based on the following factors:
1. Consistency in Vehicle Design and Performance:
The City's fleet of trolleys must maintain uniformity in both design and functionality.
Since the five trolleys currently in use were all purchased from Hometown Trolley, any new trolleys need to be identical in terms of design, technology, and performance standards to ensure compatibility with existing fleet operations. The introduction of vehicles from a different vendor could lead to operational inefficiencies, including discrepan(?ies in maintenance, repair processes, and the training required for operators.
2. Limited Number of Qualified Vendors:
There are very few vendors in the market that specialize in trolley production. With so few qualified suppliers, Hometown Trolley is effectively the only feasible option for maintaining fleet uniformity.
3. Operational Efficiency and Maintenance Considerations:
Having a fleet composed of trolleys from a single vendor streamlines both day-today operations and long-term maintenance. The City's current maintenance and technical operators (Transdev) are already familiar with the specifications and mechanics of the trollies, which simplifies repairs and service. A mix of trolleys from different manufacturers would complicate maintenance schedules and potentially increase the cost of parts and repairs, as specialized tools, training, and spare parts would be needed for each different vehicle model. 5/14/25
71 San
Clemente
MEMORANDUM
T H E SPAN IS H V ILLAGE BY TH E SEA
4. Cost and Time Efficiency:
The estimated production timeline for a new trolley is approximately one year. Any deviation from this vendor would require additional procurement time, which could delay the purchase of the trolley longer.
Based on the City's Procurement Policy and Procedure (pages 45-46), several requirements have been met, and competitive bidding is not necessary at this time. This sole source procurement ensures fleet consistency, operational efficiency, and time efficiency. Given the unique circumstances and the limited availability of qualified vendors, Staff recommends proceeding with a sole source procurement with Hometown Trolley.
If approved, Staff will present the trolley purchase along with the acceptance of the Project V 2024 Grant, to the City Council in May.
APROVED:
David R ensdorf, Public Works Director/City Engineer
Date
President
Purchaser Signature
Notes/Comments: Includes ADA Cover
6/5/2025
Contact Name
Title
Title
City, St, Zip
$ 35,812.65
$ 202,938.35 is due at time of pick up or delivery.
Email Fax
Phone
QUOTE #
VL178G - Villager 29' FORD F53 V-8 7.3L
GASOLINE
Payment Terms:
Company
Model
2027
Year
Customer:
Factory Discount/DD
DLV040 - DEALER
SCHEDULED DELIVERY
$0.00
Passengers
24-26
GVW
Date Requested: No Specification
Address
22000
(15%) is due at time of placing the Purchase Order
$ 35,812.65 (15%) is due 90 days before build completion Total Cost Delivered
Quantity
Grand Total
Double K, Inc. d/b/a Hometown Trolley Signature
Title:
Totals
TROLLEY TREATS
$ 238,751.00 Total Cost
(Base+Options)
Options see page 2 $ 37,445.00
Date: Date:
Price Quote 2025 Created for: City of San Clemente
Fatana Temory
6/5/2025
101824DH-02
Fatana Temory
Management Analyst
[email protected]
$ 238,751.00
City of San Clemente, CA
$238,751.00
1 $ 201,306.00 Body and Chassis Base
Price see page 2
**Customer is responsible for all taxes and licensing requirements** $ 238,751.00 Customer has secureed in financing
CUSTOMER NAME:
VILLAGER
Hometown Trolley/Coach Price Quote 2025
Georgia DOAS Pricing / Contract #99999-SBD-SBD0000212-0002 P.O. Box 185 Crandon, WI 54520
P. 715-301-0149
www.hometown-mfg.com
QUOTE Page 172
Attachment 8
QUOTE #
TROLLEY TREATS
Price Quote 2025 Created for: City of San Clemente
Fatana Temory
6/5/2025
CUSTOMER NAME: 101824DH-02
Hometown Trolley/Coach Price Quote 2025
Georgia DOAS Pricing / Contract #99999-SBD-SBD0000212-0002 P.O. Box 185 Crandon, WI 54520
P. 715-301-0149
www.hometown-mfg.com
$ 675.00
CHASSIS OPTIONS
Standard - STANDARD WIRING WITH PRINTED WIRE
CH0220 - SPARE TIRE/WHEEL 19.5" SHIP LOOSE $ 887.00
$ 675.00
Trolley Upgrades/Options in addition to base price
(in some cases replaces what is listed as standard equipment) $ 877.50
$ 3,375.00
$ 3,375.00
AV0100 - PAGE, SPEAKER EXTERIOR (EACH)
$ 877.50
$ 3,375.00
$ 3,375.00
EX0040 - FRONT BUMPER COW CATCHER WOVEN WIRE - BLACK
Standard - ALTRO TRANSIT ONE-PIECE FLOOR - TAN $ - 1 $ - $ 101.25
1 $ 887.00
AV0140 - MIC,HANDHELD PANASONIC
$ 1,282.50
$ - $ -
AUDIO VIDEO OPTIONS:
$ 101.25 1
CH0320 - WHEEL, SIMULATORS 19.5" (SET OF 4)
$ 3,626.00
Exterior Options:
1 Flooring Options:
HVAC OPTIONS:
$ 135.00 $ 135.00
$ 7,323.75
Paratransit Options:
ADA200 - Q'STRAINT SLIDE-N-CLICK ( EACH POSITION)
ADA020 - LIFT, PACKAGE BRAUN CENTURY, PLATFORM PRIORITY SEATING SIGNS, ADA LOCATION SIGNS, ADA
LIGHTING, INTERLOCK, AUDIBLE
$ - 2 $ -
1 1
EX0050 - OPEN AIR SECTION (PAIR) FRONT HALF INCLUDES RAIN CURTAINS AND GUARD RAILS EX0051 - OPEN AIR SECTION (PAIR) REAR HALF INCLUDES RAIN CURTAINS AND GUARD RAILS $ -
$ -
Standard - OAK INTERIOR WITH TRIM $ - 1 $ -
SA0225 - BACK UP CAMERA- COLOR MONITOR
ADA280 - STORAGE BOX FOR BELTS - HOLDS 1 SETS
ADA221 - DUAL CHIME SIGNAL, PASSENGER STOP REQUEST BULKHEAD MOUNTED $ 594.00
$ 243.00
$ 7,323.75 1
$ -
$ 918.00
$ 648.00 1 $ 648.00
$ 1,053.00 1 $ 1,053.00
$ -
$ 74.25
$ -
Safety Options:
2 2
ADA240 - 2 POSITION FLIP SEAT PERIMETER FOLD UP WITH WOOD SLATS 1 $ 918.00
Standard - STAINLESS HANDRAILS HORIZONTAL AND ENTRY
1 $ 243.00
1 $ 972.00
EL0180 - DC ALTERNATOR 240 AMP ALTERNATOR ( Ford)
Part # / Description Each QTY
EL0200 - INVERTOR FOR 110v OUTLET (USED FOR DECORATIVE LIGHTING) $ -
$ 1,282.50
1 1
1 Electrical Options:
$ -
1 $ 972.00
1 $ -
1 Extension
Standard - AM/FM/CD/IPOD/USB WITH 8 SPEAKERS
AV0120 - PAGE SYSTEM REI W/ 4 SPEAKERS
AV0300 - PROVISION BUS WATCH 4 CAMERA SYSTEM $ 3,626.00 1 $ -
GR100 - THIRD PPG COLOR COMBINATION - BODY $ 769.50 1
Standard - 2 Tone PPG Paint and HT Stripe Package (stock vinyl colors only) $ - Fare Collection Options:
IN0120 - INTERIOR OAK AD CARD HOLDER J-RAIL BOTH SIDES
SA0020 - ESCAPE HATCH DELUXE MODEL (TRANSPEC)
Graphics Options:
Interior Options:
$ 769.50
8 1
1 IN0240 - LEATHER GRAP STRAPS
$ -
QUOTE Page 273
QUOTE #
TROLLEY TREATS
Price Quote 2025 Created for: City of San Clemente
Fatana Temory
6/5/2025
CUSTOMER NAME: 101824DH-02
Hometown Trolley/Coach Price Quote 2025
Georgia DOAS Pricing / Contract #99999-SBD-SBD0000212-0002 P.O. Box 185 Crandon, WI 54520
P. 715-301-0149
www.hometown-mfg.com
Total Options $ 37,445.00
FCD120 - TRANSIGN LED DESTINATION SIGN W/SOFTWARE AND CONTROL (SYSTEM INCLUDED FRONT LED SIGN , PROGRAMING CONTROLLER PAD, SOFTWARE) $ 3,172.50 1 $ 3,172.50 DLV040 - DEALER SCHEDULED DELIVERY $ 7,417.00 1 $ 7,417.00 Delivery Options
Extended Warranty Options
Passenger Seating Options:
Driver Seating Options:
Standard - Vintage style seats with oak slats (per double seat) TROLLEY $ - 1 $ - Standard - BOSTRUM AIR SUSPENSION SEAT BLACK FABRIC $ - 1 $ - QUOTE Page 374
75 VILLAGER STANDARDS
• Marine Plywood sub floor
• Engine alarm system high water temp
• Lowoilpressure-Lowwaterpressuregauge/alarm
• Standardrearbumperand4x4straightfront
bumper
• Rear and front tow hooks
• Front and rear wheel well flares
• Aluminum locking fuel door
• Dash AC/defrost/heat
• 4 Magnadyne ceiling speakers
• A&M electric entry door 32" w x 92" high with
header access
• Entry door angled hand railings both sided
• Front driver area windows clear no tint
• Arch top windows with egress compliant w/ FMVSS
• Master disconnect in sealed battery compartment
• Interlock brake and transmission
• Vintage oak passenger seating
• Interior rear mirror and convex mirror
• 12v chrome center headlight
• Clearance light chrome guards
• LED exterior lighting DOT approved
• LED interior ADA light, door light, Driver light and
stepwell lighting
• All required signage
• One piece transit style flooring
• Black barymat acoustic drivers mat
• Mechanical drivers seat- black fabric
• White step edges
• White standee line
• Engine cover
• Stainless steel hand railings including entry railings and drivers guard
• Oak panel interior
• Backup alarm
• Fire extinguisher Slb
• Triangle reflector kit and safety kit
• Exterior interior PA with 2 way switch
• Undercoating
• Gong bell with pull cord, continues rings or pull ding • LED lighting as requested
• Cupola windows with etchings
• Single body color and white roof with standard
pinstripe package
• Drivers fan
76 B
<
A
2 344.75
/\ I FLIP DOWN SEAT
1 ENGINE COMPARTMENT-
/\
I-+- D
GI
"\
l
WWJ WWJ WWJ WWJ --1 I
I
LIFT/ 38.00" DOOR 1.. ..1
D =EMERGENCY EXIT 178" WHEEL BASE
UNLESS OTHERWISE SPECIFIED:
DIMENSIONS ARE IN INCHES
TOLERANCES:
FRACTIONAL±
ANGULAR: MACH± BEND ±
TWO PLACE DECIMAL !
THREE PLACE DECIMAL ±
~--------------!INTERPRET GEOMETRIC
PROPRIETARY AND CONFIDENTIAL TOLERANCING PER:
THE INFORMATION CONTAINED IN THIS MATERIAL
DRAWING IS THE SOLE PROPERTY OF
HOMETOWN TROLLEY. ANY
NAME
DRAWN TMJ
CHECKED
ENG APPR.
MFG APPR.
Q.A.
COMMENTS:
DATE
4/22/16
TITLE: 178 VILLAGER
FLOOR PLAN
TOP VIEW
A l0HOMETOWN REV A REPRODUCTION IN PART OR AS A WHOLE I FINISH WITHOUT THE WRITTEN PERMISSION OF
HOMETOWN TROLLEY IS
PROHIBITED. I DO NOT SCALE DRAWING SCALE: 1 :40IWEIGHT: SHEET 1 OF 2 2 1
B
A
77 B
A
2 28"
HIP-TO-KNEE MIN.
2 1
B
A
1 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11V.
Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO ACCEPT OCTA MEASURE M2 PROJECT V GRANT FUNDING, APPROVE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $150,000, AWARDING A PROFESSIONAL SERVICES AGREEMENT TO LYFT, INC. FOR SAN
CLEMENTE RIDESHARE SERVICES PROGRAM (SC RIDES), AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:
This action will accept Orange County Transportation Authority (OCTA) grant revenue of $3,264,428 for On-Demand Transit Services, and enter into a professional service agreement with Lyft, Inc. (Lyft) for a three-year contract for $1,050,000. The estimated total annual cost for the SC Rides program is $350,000. OCTA will fund 50% of this program up to $150,000 per year, resulting in a potential $200,000 annual match from the City. There are available funds within the Local Transit Program Fund for the Fiscal Year (FY) 2025/26 approved budget. Funding for future years will be recommended during the FY 2026/27 and FY 2027/28 budget process. Additional detailed financial information is discussed below.
Summary:
Staff requests the approval of Resolution No. 25-105 authorizing the formal acceptance of the OCTA Measure M2 Project V grant funding for on-demand transit services, and approving a Professional Services Agreements between Lyft and the City of San Clemente for Rideshare Services.
Background:
In 2016, the City Council approved an agreement with Lyft to implement a pilot on-demand transportation service titled “SC Rides,” designed to help mitigate the loss of former local bus routes 191 and 193 which were cancelled by the Orange County Transportation Authority (OCTA). In 2018, the City executed an agreement with Butterfli to provide a companion service capable of providing on-demand rides for SC Rides users requiring special assistance (e.g., wheelchairs, canes, walkers) that can’t be accommodated by typical Lyft contracted drivers.
The SC Rides program allows riders daily discounted rides within a 0.25-mile radius of the original 191 and 193 bus routes. Riders save up to $9 on rides, and pay as low as $2 a ride. The SC Rides program has an average of 3,500 riders a month.
Under the previous OCTA’s Project V grant program, OCTA awarded funds to the City to provide 1 Meeting Date: June 17, 2025 Agenda Item: 11V.
CITY OF SAN CLEMENTE
up to 90% of the cost of this program through June 30, 2025. The Butterfli agreement was 100% funded by OCTA.
Last year, the City submitted an application to OCTA for the 2024 Project V Grant, requesting a new grant to continue the program. Staff is pleased to announce the recent approval of the grant, which will allow for continuation of the SC Rides program and the creation of a new Last Mile On-Demand Transit Program through the Fiscal Year (FY) 2030/31. The Last Mile Program will be brought to City Council at a later date for a potential start of the program in the summer of 2026.
The City will receive $3,264,428 through the 2024 OCTA Project V Grant to support on-demand transit programs through FY 2030/2031. However, under the new grant guidelines, OCTA’s contribution will decrease to 50%, requiring the City to provide a matching contribution of 50%.
Additionally, under recent OCTA requirements, the selected vendor must provide ADA-compliant rides, either directly or through a subcontractor. The City can no longer have two separate contracts for these services.
While the cooperative agreement is still in process, the projects have been granted pre-award authority by OCTA to allow the City to begin implementation efforts. Staff will be returning to the City Council at a future date once the cooperative agreements are ready for final approvals. In the future, the City may consider reducing its cost for the program by reducing the area of service and decreasing the rider subsidy.
Discussion:
The current contracts with Lyft and Butterfli are set to expire on June 30, 2025. Pursuant to City Policy 201-2-3, Staff conducted a Request for Proposals (RFP) for Rideshare Services on May 19, 2025 through PlanetBids. Staff advertised a Request for Proposals (RFP) from qualified transportation service contractors to provide rideshare services for the period of three years commencing July 1, 2025, with the option, at the City's sole discretion, to award two additional years.
On June 4, 2025, the City received a proposal from one (1) vendor: Lyft, Inc. After careful evaluation, Staff found Lyft demonstrated superior knowledge in the program and working alongside OCTA to provide accurate data analysis required for Project V reporting. In addition, Lyft is currently the provider the City’s rideshare program and has provided good service to the City and its riders. Lyft has been accessible, responsive and willing to work with the City to adjust practices and reporting as needed throughout the existing contract. Lyft has also proposed that ADA rides will be provided through Butterfli; Butterfli will be serving as a subcontractor to their contract. Staff’s recommendation is based on the combination of various factors including technical expertise, methodology and work plan, project experience, staff qualifications, delivery schedule, quality control, local knowledge and fair and reasonable cost. Staff recommends the contract be awarded to Lyft.
The current average monthly invoice for Lyft is approximately $26,000, with a City subsidy rate of $9 per ride. Beginning July 1, 2025, the City’s required match for the program will increase to 50%. As a result, the City may consider adjusting the subsidy rate if program costs rise. If the subsidy rate and ridership remains the same, the estimated annual total cost is $350,000. OCTA 2 Meeting Date: June 17, 2025 Agenda Item: 11V.
CITY OF SAN CLEMENTE
will fund 50% of this program up to $150,000, resulting in a potential $200,000 annual match from the City. However, since costs have remained consistent to date, Staff recommends maintaining the current subsidy rate. Staff will continue to monitor costs closely and, if necessary, return to Council with a recommendation to reduce the City’s subsidy rate contribution or alter the program if it appears to potentially exceed the $200,000 cost to the City.
Since the Project V grant funding amount was not known at the time of the adoption of the FY 2025/26 City budget, staff is recommending a supplemental appropriation of $150,000 to fund operational cost for FY 2025/26 from the OCTA grant.
Council Options:
Approve Resolution No. 25-105, which will formally accept the OCTA Measure M2 Project V grant funding, authorize a supplemental appropriation of $150,000, and authorize the City Manager to enter a Professional Services Agreement between Lyft and the City of San Clemente for Rideshare Services.
Modify and adopt Resolution No. 25-105.
Continue the Item and provide Staff with alternative direction. Do not approve the Professional Services Agreements with Lyft for Rideshare Services. Note:
The Lyft and Butterfli contract expire on June 30, 2025. This would result in the City disrupting the SC Rides Program.
Environmental Review/Analysis:
Staff recommends that the City Council determine this project to be categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rightsof-way already in use.
Recommended Actions:
Staff Recommendation ..recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-105, which would:
..recommendation
1. Find the project statutorily exempt from CEQA under Public Resources Code section 21080(b)(10).
2. Accept the OCTA 2024 Project V Grant for on-demand transit service in the amount of $3,264,428 (to Local Transit Program revenue account 021-000-33790); and
3. Approve a supplemental appropriation in the amount of $150,000 from the Local Transit Program revenue account 021-000-33790 to the SC Rides contract expenditure account 021- 808-43890; and
3 Meeting Date: June 17, 2025 Agenda Item: 11V.
CITY OF SAN CLEMENTE
4. Award a three-year Professional Services Agreement contract to Lyft, Inc. for on-demand SC Rides rideshare services with the option, at the City's sole discretion, to award two additional years; and
5. Approve, and authorize the City Manager to execute the three-year Professional Services Agreement contract by and between the City of San Clemente and Lyft, Inc. for on-demand SC Rides rideshare services with the option, at the City's sole discretion, to exercise two additional years, in an amount not to exceed $1,050,000 in a contract form substantially similar to that presented to City Council on June 17, 2025. ..end
Attachment:
1. Resolution No. 25-105
2. OCTA Project V Grant Summary Application
3. Lyft Professional Services Agreement
4. Lyft Proposal
Notification:
None.
4 Attachment 1
RESOLUTION NO. 25-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ACCEPTING OCTA
MEASURE M2 PROJECT V GRANT FUNDING,
APPROVING A SUPPLEMENTAL APPROPRIATION TO
THE CITY LOCAL TRANSIT PROGRAM FUND,
AUTHORIZING THE CITY TO ENTER INTO CONTRACT
BETWEEN LYFT FOR THE SAN CLEMENTE RIDESHARE
SERVICES PROGRAM (SC RIDES), AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT AND
FINDING THE PROJECT CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER PUBLIC RESOURCES CODE SECTION
21080(B)(10)
WHEREAS, on June 18, 2024, City Council authorized staff to submit a grant application for Orange County Transportation Authority (OCTA) Measure M2 Project V funding for conitnuation and expansion of the City’s on-demand SC Rides rideshare program; and
WHEREAS, the City was awarded $3,264,428 for on-demand transit programs with funds available from Fiscal Year (FY) 2024/25-2030/31; and WHEREAS, the City is requried to match OCTA grants funds with a 50 percent fair share contribution and all cost above $150,000; and
WHEREAS, the City wishes to continue providing rideshare services to help mitigate the loss of former local bus routes 191 and 193; and
WHEREAS, the professional on-demand transportation services under Amendment No. 3 with Lyft and Butterfli expires on June 30, 2025.
WHEREAS, the City of San Clemente released a Request For Proposals for Rideshare Services on PlanetBid; and
WHEREAS, the City of San Clemente deemed Lyft, Inc. as the highest-ranked firm among the proposals received; and
WHEREAS, the City of San Clemente requests the approval of a new professional services agreement between Lyft, Inc. and the City of San Clemente for rideshare services through July 1, 2028 in an amount not to exceed $1,050,000.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated fully herein.
5 Resolution No. 25-105 Page 2
SECTION 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rights-of-way already in use.
SECTION 3. That the City hereby accept the OCTA 2024 Project V Grant for ondemand transit programs in the amount of $3,264,428 (to Local Transit Program revenue account 021-000-33790).
SECTION 4. That the supplemental appropriation in the amount of $150,000 from the Local Transit Program revenue account 021-000-33790 to the SC Rides contract expenditure account 021-808-43890 is hereby approved.
SECTION 5. That a three-year Professional Services Agreement is hereby awarded to Lyft, Inc. for on-demand SC Rides rideshare services with the option, at the City's sole discretion, to award two additional years.
SECTION 6. That the City Manager is authorize to execute the three-year Professional Services Agreement contract by and between the City of San Clemente and Lyft, Inc. for on-demand SC Rides rideshare services with the option, at the City's sole discretion, to award two additional years, in an amount not to exceed $1,050,000 in a form substantially similar to that presented to City Council on June 17, 2025.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of June, 2025.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 6 Resolution No. 25-105 Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-105 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of June, 2025. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
7 ATTACHMENT A RECOMMENDED FOR FUNDING No Agency Project 1,2 Initial Marketing O&M Total M2 Grant Local Match Match Rate Total Project Cost 1 Anaheim Anaheim Canyon Circulator -$ - $ 331,714 $ 331,714 $ 36,857 $ 10% 368,571 $ 2 County of Orange Expanded RanchRide Transit Service Program -$ 339,660 $ 3 880,124 $ 1,219,784 $ 135,532 $ 10% 1,355,316 $ 3 Dana Point Dana Point Trolley Continuity Program -$ - $ 2,702,000 $ 2,702,000 $ 2,157,326 $ 44% 4,859,326 $ 4 Irvine Irvine Special Event Circulators 44,500 $ 407,086 $ 4,019,835 $ 4,471,421 $ 552,648 $ 11% 5,024,069 $ 5 Laguna Beach Off-Season Weekend and Seasonal Services -$ - $ 5,212,250 $ 5,212,250 $ 622,550 $ 11% 5,834,800 $ 6 Laguna Beach Laguna Canyon Road/El Toro Road Laguna Local Service 12,500 $ - $ 2,011,989 $ 2,024,489 $ 2,024,489 $ 50% 4,048,978 $ 7 Laguna Niguel Laguna Niguel Summer Trolley Program 72,000 $ 1,853,176 $ 3 1,530,609 $ 3,455,785 $ 383,976 $ 10% 3,839,761 $ 8 Los Alamitos Los Alamitos On-Demand Service 1,000 $ 333,056 $ 3 1,596,416 $ 1,930,472 $ 1,930,472 $ 50% 3,860,944 $ 9 Mission Viejo Mission Viejo Circulator and Special Event -$ 51,100 $ 4,372,445 $ 4,423,545 $ 507,727 $ 10% 4,931,272 $ 10 Newport Beach Balboa Peninsula Trolley Service Continuation 18,000 $ 1,315,260 $ 3 1,241,460 $ 2,574,720 $ 318,692 $ 11% 2,893,412 $ 11 San Clemente Trolley Program 9,000 $ 270,000 $ 3 7,956,081 $ 8,235,081 $ 915,009 $ 10% 9,150,090 $ 12 San Clemente On-Demand Transit Programs 7,500 $ 398,448 $ 3 2,858,480 $ 3,264,428 $ 3,313,522 $ 50% 6,577,950 $ 13 San Juan Capistrano Expanded Summer Weekend and Special Event Trolley Service 9,000 $ 595,800 $ 3 1,921,212 $ 2,526,012 $ 280,668 $ 10% 2,806,680 $ 42,371,701 $ 13,179,468 $ 55,551,169 $ *Adjustments between phase allocations within a project can occur after programming approval; however, changes will not impact total M2 grant amoun FUTURE CONSIDERATION FOR FUNDING 1 Huntington Beach Special Event Shuttle Service 4 11,250 $ 439,830 $ 426,510 $ 877,590 $ 122,510 $ 12% 1,000,100 $ 2 Newport Beach Balboa Island/Corona del Mar Microtransit Service 5 -$ - $ 2,142,648 $ 2,142,648 $ 2,142,648 $ 50% 4,285,296 $ 3 Orange, City of Orange Community Circulator 1,6 80,000 $ - $ 2,146,600 $ 2,226,600 $ 247,400 $ 10% 2,474,000 $ 5,246,838 $ 2,512,558 $ 7,759,396 $ NOT RECOMMENDED FOR FUNDING 1 Costa Mesa Costa Mesa Community Based On-Demand Services 7 -$ 218,148 $ 939,803 $ 1,157,951 $ 1,273,331 $ 52% 2,431,282 $ 2 Garden Grove Garden Grove On-Demand Service 7 4,968 $ 303,061 $ 1,622,785 $ 1,930,814 $ 1,934,092 $ 50% 3,864,906 $ 3,088,765 $ 3,207,423 $ 6,296,188 $ 4. Project award contingent on receipt of application review comment response information. Future funding amount request and match rate may differ from what is listed here. 5. Project V-funded planning study anticipated to be completed by December 2024. City indicated following their initial request that they are considering traditional fixed route, as well as microtransit. Future funding amount request and match rate may differ from what is listed here. 6. Project V-funded planning study anticipated to be completed by December 2024/January 2025. Future funding amount request and match rate may differ from what is listed here. 7. Did not meet Project V general program objectives. Acronyms: M2 - Measure M2 O&M - Operations and maintenance OCTA - Orange County Transportation Authority TOTAL UNFUNDED 1. The cities of Buena Park and Orange submitted Project V applications that were not considered for funding. Local jurisdictions were deemed ineligible to receive M2 funds by the OCTA Board of Directors on May 28, 2024. 2. The cities of Huntington Beach and Seal Beach withdrew applications, Huntington Beach (HB) On-Demand Rideshare Program, totaling $3,220,000, and Seal Beach Microtransit Service Program, totaling $3,358,446, respectively. 3. Capital funding request to support vehicle lease or purchase, consistent with the intent of the Comprehensive Transportation Funding Programs Guidelines for Project V. 2024 Measure M2 Community-Based Transit Circulators (Project V) Call for Projects Programming Recommendations Capital TOTAL RECOMMENDED PROGRAMMING* TOTAL PENDING Attachment 2 8 9
2024 Measure M2 Community-Based Transit Circulators (Project V) Call for Projects Service Descriptions
RECOMMENDED FOR FUNDING:
11 .. ,:.r,1r~
San Clemente
Trolley Program
Continuation of Existing Service,
Expansion of Existing Service, and
New Service
.. ,:.r,1r~
e1111.•~U•:
The City of San Clemente is proposing to continue its existing Project V services, which operates daily summer and special events trolley services for approximately ten hours a day, connecting the new Outlets, San Clemente Pier, Metrolink Station, El Camino Real, and Avenida del Mar. The existing service is being requested for an expanded timeframe within each year and an additional seven years through June 30, 2031.
The City is also proposing a new "Green Line" route to expand their existing service area providing new connections to Southern San Clemente including the State Beach, several hotels and a connection with a shuttle from Camp Pendleton. A similar service was proposed in the 2020 Call for Projects but at that time the route mirrored Route 1. Changes have been made from the previous application to the 2024 proposed service that now complements Route 1 service as well as the existing Trolley services.
The City also proposed a new ''Yellow Line" route but prioritized expansion of the existing Trolleys and the new "Green Line" route for the funding that is available when considering the maximum annual allocation allowance. Essentially, the request for funding for this route was withdrawn to prioritze the funding for the other Trolley services.
Capital funds are being requested to purchase one vehicle. City to utilize existing Project V-funded vehicles. e:.arq,.-r~~l•H[•:
12 I San Clemente IThe City of San Clemente is requesting to continue their existing SC shared-ride hailing service, beyond its 6/30/2025 On-Demand Transit Programs expiration date. The on-demand service provides daily year-round transit for previous riders of OCTA routes 191 and 193.
The rideshare program picks up riders within 500 feet of former routes 191 and 193 bus stops. The C~y is requesting to Continuation of Existing Service and continue the existing service for an additional six years through June 30, 2031.
New Service
The City is also proposing a new on-demand "Last Mile" microtransit service which could either be provided by expanding the existing SC Rides service to neighborhoods not already served by either the Trolley or SC Rides or by hiring a mictrotransit provider. The new or expanded service would provide first and last mile connections to specific trolley stop locations and would only operate when the Trolleys operate.
No capital funds are requested. Vehicles are to be provided by selected transit operator.
Acronyms: ADA - The Americans with Disabilities Act of 1990 HB - Huntington Beach
Min- Minute
PCH - Pacific Coast Highway
SC - San Clemente
TBD - To be determined TNC - Transportation network company UCI - University of California, Irvine
VMT - Vehicle miles traveled
1 Seasonal,
Special Event
e:aar~
• Start Date: July 2024; July 2024 (new service) • Service Period / Days: Varies per route, season, and special event • Service Span: Varies per route and season • Service Frequency: Every 15 to 25 min, contingent on route e:.ar~
On-Demand, 1· Start Date: July 2024; January 2025 (new service) Shared-Ride Hailing, • Service Period/ Days: Year-Round, 365 days Microtransit • Service Span: Varies per route and season • Service Frequency: On-Demand
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application
Application Instructions
Project #1: Applicant: A. PROJECT INFORMATION
Project Name:
Service Type: Project Area Population Density (persons/sq. mi): 6,300 City (municipal boundary) Population Density (persons/sq.mi): 6,300 Yes If yes, how many? 4 (describe below) 1
2 3
4 Is this Project exclusively operating Special Event service? click to select B. OPERATING SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS 1 4,050 4,074 3,894 3,960 3,990 4,020 4,044 28,032 2 2,700 2,716 2,596 2,640 2,660 2,680 2,696 18,688
3 2,700 2,716 2,596 2,640 2,660 2,680 2,696 18,688
4 3,168 3,138 3,294 3,264 3,168 3,168 3,168 22,368
12,618 12,644 12,380 12,504 12,478 12,548 12,604 87,776 New Service
New Service
Existing Service - Other Service Modification
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
San Clemente Trolley Program - Updated
San Clemente Trolley Program - Updated
Traditional
City of San Clemente
See attached - Supporting Documentation. Project Description: Brief discussion of each Service Areas/Route named above with relevant information for each including, but not limited to:
- Route descriptions (where does it go from XX to XX, and roadways used) - Ridership market (Whom) is this intended to serve? (e.g., commuters, local activities, seasonal visitors, etc..) - Service Period (summer, seasonal, daily, weekend, special events, etc..) - Service Frequency/Days/Hours of Operations]
Clearly differentiate between new, expanded, and extended services.
Revenue Vehicle Hours (RVH)
RVH do not include 'deadhead' hours to maintenance and storage facility at beginning and end of shift. If Applicants pay separate costs for deadhead hours, these costs may be included with projected annual O&M costs (Section C).
Only include (SE) Special Event RVH if providing special event service outside of normal operating hours (see Section F.) Does your Project include more than one Traditional or On Demand service? (e.g. fixed route/trolley/shuttle etc., or ride-hail/microtransit etc.) Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) Proposed Service Name(s)
Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) Existing Service - Other Service Modification (explain in Project Description) Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Current Service Status:
Route Name(s)
Red Line - Dwtn Route Cont. Project (Mem - Sept 30
Blue Line - Dwtn Route Cont. Project (Mem - Sept
Green Line - Pier to SC State Beach (Mem - Sept 30 -
Red Line - Fri - Sun Year Round (excluding Mem -
Project Total
10 Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application C. COST SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 9,000 $ - $ - $ - $ - $ - $ - $ 9,000 $ 1,000 $ - $ - $ - $ - $ - $ - $ 1,000
$ 10,000 $ - $ - $ - $ - $ - $ - $ 10,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 270,000 $ - $ - $ - $ - $ - $ - $ 270,000 $ 30,000 $ - $ - $ - $ - $ - $ - $ 30,000
$ 300,000 $ 300,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,047,845 $ 1,086,832 $ 1,093,556 $ 1,132,802 $ 1,161,299 $ 1,198,338 $ 1,235,409 $ 7,956,081 $ 116,427 $ 120,759 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ 884,009 $ 1,165,532 $ 1,208,850 $ 1,216,322 $ 1,259,929 $ 1,291,592 $ 1,332,746 $ 1,373,937 $ 8,848,907 $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (8,817) $ 1,164,272 $ 1,207,591 $ 1,215,063 $ 1,258,669 $ 1,290,333 $ 1,331,486 $ 1,372,677 $ 8,840,091 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,326,845 $ 1,086,832 $ 1,093,556 $ 1,132,802 $ 1,161,299 $ 1,198,338 $ 1,235,409 $ 8,235,081 $ 147,427 $ 120,759 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ 915,009 $ 1,474,272 $ 1,207,591 $ 1,215,063 $ 1,258,669 $ 1,290,333 $ 1,331,486 $ 1,372,677 $ 9,150,091 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 592,000 $ 610,000 $ 628,000 $ 647,000 $ 665,000 $ 685,000 $ 705,000 $ 4,532,000 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 OVERALL 90.0% 90.0% 90.0% 90.0% 90.0% 90.0% 90.0% 90.0%
10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0%
D. COST BREAKDOWN
Include description of anticipated expenditures below
Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 2,500 2 $ 5,000
3 $ 2,500
Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 300,000 Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 80,000 2 $ 45,000
3 $ 10,000
4 $ 1,030,531
5 Maps $ 2,500
6 $ 5,000 Annual 7 $ 2,500
Project Summary OCTA % Match
Local % Match
Signage
OCTA Maximum Limits Annual Allocation
Subsidy Rate per Boarding
Cost per Boarding
Combined Match Rates - Initial Marketing, Capital, and O&M Combined Total Total Funding Request Total Local Match
Project Total Cost
OCTA Contribution
Local Match (10%)
Total O&M Cost
Less fares collected
Net O&M Cost
Capital Total
OCTA Contribution
Local Match (10%)
Total Capital Cost
Operations & Maintenance (O&M)
Annual
Note: M2 Funding amounts will be updated in OCFundTracker at the end of each Fiscal Year to reflect transfers of savings authorized by the OCTA Board on 8/10/2023.
Marketing Total
Total Initial Marketing Cost
OCTA Contribution
Local Match (10%)
Purchase of Trolley Vehicle
Initial Marketing
One-Time
Capital
Maps
Signage
Flyers
One-Time (1st year)
One-Time (1st year)
One-Time (1st year)
Annual
Annual
Annual
Trolley Washing
Trolley Vehicle Operations (varies yearly) see attached breakdown Flyers
Fuel
Trolley Maintenance
Operations & Maintenance (O&M)
Annual
Annual
11 I
I I
I I
-----
I I
I
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application
E. FUNDING SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,000 $ - $ - $ - $ - $ - $ - $ 1,000
$ 30,000 $ - $ - $ - $ - $ - $ - $ 30,000
$ 116,427 $ 120,759 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ 884,009 $ 915,009
Average User Fare ($) Anticipated per Boarding (FY 24/25 - 30/31): $ 0.00 Funding Source
(FY 24/25 to FY
30/31)
Initial
Marketing Capital O&M Funding Total
1 Fares Collected n/a n/a $ 8,816.50 $ 8,817
2 $ 7,000.00 $ 30,000.00 $ 878,891.00 $ 915,891
$ 924,708
$ 915,891
Level of Commitment
Local Funding Total
Local Match (Less Fares)
Proposed Local Match
Marketing
Capital
O&M
Proposed Local Match Total
Identify party providing funds (applicant, 3rd party, etc), phase of funding contribution (marketing, capital, O&M), total funding toward the Project, and current level of funding commitment (planned, binding agreement, programmed). Enter funding totals projected for the life of the grant period (FY 24/25 to FY 30/31).
Proposed Local Match (reference only)
Funding Sources, Phases, and Amounts
There is no additional funding sources. The City's match will be coming out of the General Fund.
Programmed
General Fund Planned
If selecting "Other" regarding Level of Commitment for funding sources, provide additional information below.
There is no additional funding sources. The City's match will be coming out of the General Fund.
Describe the Agency's contingency plan to manage budget to align with service demands, and address potential local, 3rd Party partner, and/or advertising revenue, funding, and match shortfalls
12 --------
13 Orange County Transportation Authority
Application Instructions
2024 Measure M2 Call for Projects
Project V Application
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
Project #1 San Clemente Trolley Program • Updated Applicant: City of San Clemente F. OPERATING PROFILE & SERVICE CALENDAR
Proposed Service Area/ Route #1
Red line - Dwtn Route Cont. Project (Mem - Sept 30 -
Daily)_
rlMl-!1Pl:ili,
3 3 3
Does this service include Special Event operations outside of the regular operating hours and periods identified above? click to select (if yes)
p-f-M··SH,+1 click ta enter.
click to enter.
Provide any additional relevant information regarding Red line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) or related special event operations, below.
The City requets up to 10 additional days of service for City Events/and or Holidays. The City events can not be determined at this time.
F-1
14 Orange County Transportation Authority
Application Instructions
2024 Measure M2 Call for Projects
Project V Application
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
Project #1 San Clemente Trolley Program • Updated Applicant: City of San Clemente F. OPERATING PROFILE & SERVICE CALENDAR
Proposed Service Area/ Route #2
Blue line - Dwtn Route Cont. Project (Mem - Sept 30 -
Daill'.!.
~,••IT·ai,l.i.1,~l-m&;n'l!I.
6.9 moles 15 mons.
rf Ml-:'Pi:ili,
2 2 2
Does this service include Special Event operations outside of the regular operating hours and periods identified above? click to select (if yes)
click to enter.
Provide any additional relevant information regarding Blue line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) or related special event operations, below.
The City requets up to 10 additional days of service for City Events/and or Holidays. The City events can not be determined at this time.
F-2
15 Orange County Transportation Authority
Application Instructions
2024 Measure M2 Call for Projects
Project V Application
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
Project #1 San Clemente Trolley Program • Updated
F. OPERATING PROFILE & SERVICE CALENDAR
Proposed Service Area/ Route #3
Green Line - Pier to SC State Beach (Mem - Sept 30 -
Daill'.)_
2 Does this service include Special Event operations outside of the regular operating hours and periods identified above? (if yes)
Applicant:
2 click to select
Provide any additional relevant information regarding Green line - Pier to SC State Beach (Mem - Sept 30 - Daily) or related special event operations, below.
City of San Clemente
enter start L end time
The City requets up to 10 additional days of service for City Events/and or Holidays. The City events can not be determined at this time.
F-3
~lMl·:'Pl:ili~
2 click to enter.
16 Orange County Transportation Authority
Application Instructions
2024 Measure M2 Call for Projects
Project V Application
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.
Project #1 San Clemente Trolley Program • Updated Applicant: City of San Clemente F. OPERATING PROFILE & SERVICE CALENDAR
Proposed Service Area/ Route #4
Red Line • Fri • Sun Year Round (excluding Mem • Sept
30Dall}')_
~lMl-!'di:ili~
~f 9 .. ,;;.:;;;,
3 3 3
Does this service include Special Event operations outside of the regular operating hours and periods identified above? click to select (if yes)
enter start Lend time click to enter.
Provide any additional relevant information regarding Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) or related special event operations, below.
The City requets up to 10 additional days of service for City Events/and or Holidays. The City events can not be determined at this time.
F-4
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application G. TRANSIT NETWORK and ACTIVITY CENTER CONNECTIVITY Regional Transit Service Connections - OC Bus routes, regional transit centers and rail stations (within 1/4 mile of Project) Operating Agency Connecting Transit Center and/or Fixed Route OCTA Route 1 1 OCTA Route 91 1 Amtrak Rail Service 1 Metrolink Rail Service 1 Local Transit Connections - locally operated fixed routes, shuttles, Project V services, etc
(within 1/4 mile of Project) Operating Agency Connecting Transit Center and/or Fixed Route Project V Funded (y/n) Service Total Connections Dana Point Dana Point Trolley Yes 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 20 On Demand SC Rides San Clemente Yes 2 Blue Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) 20
Senior Mobility Program San Clemente No 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 20 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) 20 Project Total Connections 80 Activity Center Connections - list all relevant activity centers (within a reasonable distance) served by the Project routes/service areas Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily)
Key Destinations Community and Cultural Centers
Enter total number of transit connections for each Project route / service area below.
San Clemente Outlets, San Clemente Pier, etc. San Clemente Library San Clemente Outlets, DMV, Dana Point Line, etc. Click to enter. San Clemente State Park, San Onofre State Park, Hotels and more San Clemente Library San Clemente Outlets, San Clemente Pier, etc. San Clemente Library Affordable Housing and High-Density Communities Tourist Attractions and Event Venues Retail,
Downtown Workforce Serra Housing San Clemente Outlets, San Clemente Pier, Beaches, Parks, Caminio Capistrano Shores San Clemente Outlets, San Clemente Pier, Beaches, Parks, Ave Comercio, Ave Magdalena (Ocean Fairways) San Clemente State Park, Beaches, Parks, WSL Surfing World Title at Trestles - San Onofre State Beach Downtown Workforce Serra Housing San Clemente Outlets, San Clemente Pier, Beaches, Parks, Other Regional Trip Generators Retails Retail, Hotels, SC Municipal Golf Course, Schools, Apartments, Medical Centers Retail 17 Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application H. COST EFFECTIVENESS FORECAST Provide rationale and supporting materials for opening date of service and ridership projections withing supplemental application documentation Anticipated use of Project V 2024 grant funding
Service Opening Mo. of Service Opening FY of Service Projected Average Annual Ridership Annual Operating Days Avg Daily Rideship 1 Red Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) Jan FY 24/25 299,000 130 2,300.0 2 Blue Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) Jan FY 24/25 65,000 130 500.0
3 Green Line - Pier to SC State Beach (Mem
- Sept 30 - Daily) Jan FY 24/25 35,750 130 275.0
4 Red Line - Fri - Sun Year Round (excluding
Mem - Sept 30 Daily) Jan FY 24/25 230,000 100 2,300.0 Average Annual Project Ridership (an cipated): 629,750 Average Annual O&M Cost (FY 24 to FY 31): 1,262,870 $ 100.71 $ 2.01 I. PROJECT READINESS Yes
(if Yes) Dates of existing contract procurement (advertisement) and award (selection) or extension: 5-14-24 (RFP Released) and 6-18-24 (Awarded) (if Yes) Was existing contract competitively procured? Yes (if Yes) Duration and expiration date of current transportation service Vendor contract? 6/30/2027 with two (1 year) extensions available When does Agency plan to procure (or re-procure) transporation service Vendor contract for Project V operations? 5/1/2027 Implementation Timeline
Performance Monitoring
See attached - Supporting Documenation.
Average Cost per
Boarding
Does Agency have an active contract with an appropriate transporation service Vendor and plan to use Vendor to operate proposed Project V services? For each Existing and New service proposed, provide a proposed timeline with proposed dates for key Project Readiness activities, including vehicle and operator procurement; any required training, startup testing and marketing activities in anticipation of revenue operations in the opening month/year for all Services identified in Section H tables, above. (Note: If Agencies have an existing Transportation Service Vendor, successful Project V recipients must competitively reprocure Vendor services by June 30, 2026.) See attached - Supporting Documenation.
Describe Agency approach to establishing reasonable thresholds and monitoring Project V Vendor key performance indicators (KPIs) including Customer Satisfaction (CS) and On-Time Performance (OTP) Average Cost per Rev. Hr
18 ti
Attachment 3
55452.01100\31193624.5
4900-8014-0366 v1
CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and Lyft, Inc., a Delaware corporation, with its principal place of business at 185 Berry Street, #400, San Francisco, CA 94107 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional rideshare services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional rideshare services for the City’s SC Rides Program, is licensed in the State of California, if applicable, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional rideshare services for the SC Rides Program project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional rideshare services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2025 to July 1, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this 19 55452.01100\31193624.5
2 4900-8014-0366 v1
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.
3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.
3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
20 55452.01100\31193624.5
3 4900-8014-0366 v1
3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Buck Poropatich, Vice President of Healthcare and Community Access Partnerships.
3.2.7 City's Representative. The City hereby designates David Rebensdorf, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.8 Consultant's Representative. Consultant hereby designates Buck Poropatich, Vice President of Healthcare and Community Access Partnerships or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely 21 55452.01100\31193624.5
4 4900-8014-0366 v1
completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION FIFTY THOUSAND ($1,050,000) for the initial three-year term without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give 22 55452.01100\31193624.5
5 4900-8014-0366 v1
written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless previously authorized in writing by City, or included in Exhibit "D" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”
3.3.6 Labor Code Requirements.
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal 23 55452.01100\31193624.5
6 4900-8014-0366 v1
business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Lyft, Inc.
185 Berry Street, Inc.
San Francisco, CA 94107
ATTN: Earl Kang
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: LAURA CAMPAGNOLO, CITY CLERK
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, 24 55452.01100\31193624.5
7 4900-8014-0366 v1
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 25 55452.01100\31193624.5
8 4900-8014-0366 v1
3.5.6 Indemnification.
3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants 26 55452.01100\31193624.5
9 4900-8014-0366 v1
of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 27 55452.01100\31193624.5
10 4900-8014-0366 v1
3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
___________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
Lyft, Inc.
Consultant’s License Number 3181802
By:_____________________________
Jorden Glassberg, Vice President,
Business Development & Partnerships
Dated: __________________, 2025
By:___________________________
28 55452.01100\31193624.5
11 4900-8014-0366 v1
Buck Poropatich, Vice President of Lyft
Business
Dated: __________________, 2025
29 55452.01100\31193624.5
12 4900-8014-0366 v1
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall perform the following services to the City’s satisfaction (collectively, the “Services”) related to the Orange County Transportation Authority (OCTA) approved grant for a San Clemente rideshare program due to the termination of OCTA bus routes 191 and 193 and the City’s on-demand transportation service called "SC Rides" designed to help mitigate the loss of former local OCTA bus routes 191 and 193, by providing discounted rideshare services to passengers:
Consultant shall provide a program with the following components:
a. A rideshare service accessible via a computer or smartphone application (app) for users aged 18 and older, with a valid electronic payment option and a viable option for ADA riders.
b. The rideshare service must be able to provide shared-rides. Shared rides involve one or more people sharing a single vehicle to travel together, often to the same or nearby destinations.
Consultant must ensure all SC Rides trips are offered as “shared rides” in accordance with OCTA guidelines. However, if no other riders are matched along the route, the trip may proceed as a single-passenger ride.
The current program has an average of 3,500 rides a month and average of 120 daily boardings.
Hours of Operation: The rideshare service will operate similar to the time frames of the previous bus routes 191 and 193 service, from 6am to 8pm, daily.
Route Descriptions: Pickups and drop-offs within a quarter mile of former route 191 and 193 bus stops. Please see Attachment A for area coverage map or visit Public Mobility Map, which are incorporated fully herein by this reference Consultant shall be responsible for:
Identifying a Project Manager who will oversee the proper operation and administration. The designated Project Manager must be available to the City at all times.
Performance monitoring: Prepare and submit all operating reports on-time in the format requested by the City. The City anticipates a monthly billing report that would include customers name and Program ID (if applicable), trip origin and destination, trip mileage, pickup and drop off times, number of trips provided, trip duration, and any other relevant information.
Attend meetings with staff as requested.
30 55452.01100\31193624.5
13 4900-8014-0366 v1
Respond to all customer comments related to service.
Services must comply with local, state and federal laws. Maintain and provide reports on service feedback/customer satisfaction including, a compliment/complaint web-based portal.
Consultant shall notify City within 24 hours of any accident or incidents that occur while providing the service.
The City reserves the right to decrease or increase hours of operation, area map, or the City subsidy rate at any given time.
Under its Project V grant program, OCTA has awarded funds to the City to provide up to 50% of the cost of this program.
The City’s program operates under a cooperative agreement with OCTA and in compliance with 2024 OCTA CTFP Guidelines (Refer to Attachment B). The Consultant must provide the rideshare services and operate the program in compliance with the Scope of Work and 2024 OCTA CTFP Guidelines to ensure that the City maintains eligibility to receive OCTA funding support.
31 55452.01100
\31193624.5
14 4900-8014-0366 v1
32 55452.01100\31193624.5
15 4900-8014-0366 v1
EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timeframe requested by the City.
33 55452.01100\31193624.5
16 4900-8014-0366 v1
EXHIBIT “C”
INSURANCE REQUIREMENTS
3.2.12 Insurance.
3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and 34 55452.01100\31193624.5
17 4900-8014-0366 v1
shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. 35 55452.01100\31193624.5
18 4900-8014-0366 v1
3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance 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 the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 effective upon notice.
3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.12.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
36 55452.01100\31193624.5
19 4900-8014-0366 v1
3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
37 55452.01100\31193624.5
20 4900-8014-0366 v1
EXHIBIT “D”
COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following described variable calculated rates. Total compensation shall not exceed $350,000 per contract year.
Utilizing Lyft’s Dynamic Pricing Algorithm, each ride will be priced and billed to the City according to Lyft’s prevailing prices for the Orange County region.
The Algorithm automatically adjusts fares on a ride-by-ride basis. The Algorithm ride is based on many factors, but includes: distance traveled, time of service, supply of available Lyft drivers in the area, demand of ridership, and insurance cost, etc.
Lyft will invoice the City a maximum of $9 per ride based on the Fee Structure below. The Fee Structure is subject to change by City Council action.
Current and Proposed Fee Structure for riders:
Initial Rider Base
Fare
Maximum City Subsidy Total
$2 $9 $11 (user pays Lyft the initial $2 fare and all
cost beyond $11)
Under the proposed Fee Schedule, the rider pays the first $2 for a ride, then the City/OCTA provides a subsidy of up to next $9 of the Lyft fare, and the user then pays any additional amount if the total fare exceeds $11.
There shall be no up-front software implementation costs, nor any ongoing fees for technology and operations support.
ButterFLI WAV Trips (ADA):
WAV trips are subject to longer boarding and alighting times per trip, as well as the additional training and certifications required to meet the needs of WAV passengers. As such, on-demand WAV trips are priced using an alternative rate structure, provided by ButterFLI as Consultant’s subcontractor, that reflect the higher costs of service.
For the SC Rides program, Consultant shall provide ButterFLI services with a flat rate per ride, based on the following ADA Fee Structure:
Mon-Fri: $95.00 flat rate; no mileage or distance-based fare Sat/Sun: $125.00 flat rate; no mileage or distance-based fare Consultant will act as a direct pass through between ButterFLI and the City. No additional markups to the cost of each WAV trip delivered by ButterFLI will be added to the cost to the City.
Consultant will work with the City to ensure that the passenger facing fare for WAV rides remains equal to the fare offered to all other passengers in the program. 38 55452.01100\31193624.5
21 4900-8014-0366 v1
FARE PAYMENT
Consultant will utilize its automated process of fare collection and agency invoicing. The Lyft platform collects customer co-pays automatically after each ride using the primary payment method designated on their Lyft account. At the end of a trip, the cost after deducting any agencyprovided subsidies is billed directly to the rider. Consultant will invoice the City for the subsidy portion as per the Fee Structure above on a monthly basis. 39 55452.01100\31193624.5
22 4900-8014-0366 v1
WORKER’S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO
CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
40 n
□
55452.01100\31193624.5
23 4900-8014-0366 v1
Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
41 RESPONSE TO RFP:
Rideshare Services
Prepared by:
Lyft, Inc.
185 Berry Street, #400
San Francisco, CA 94107
[email protected]
415.226.9162
For:
City of San Clemente
Department of Public Works
Attn: Fatana Temory,
Management Analyst;
[email protected]
Submitted June 4, 2025
Attachment 4
42 lyA
1: Cover Letter
A cover letter not to exceed three (3) pages in length should summarize key elements of the consultant/contractor’s proposal. The letter must be signed by an individual authorized to bind the consultant/contractor. The letter must stipulate that the proposed price will be valid for a period of at least 90 days. Indicate the address and telephone number of the consultant’s/contractor’s office located nearest to San Clemente, California, and the office from which the project will be managed. 43 June 4, 2025
City of San Clemente
Department of Public Works
Attn: Fatana Temory, Management Analyst
RE: RESPONSE TO RFP: RIDESHARE SERVICES
Dear Fatana Temory:
Thank you for this opportunity to deepen our collaboration with the City of San Clemente.
Since 2016, Lyft has had the privilege of working alongside your team on the SC Rides program, helping to address a gap in regional transit services following the termination of OCTA bus routes 191 and 193. We have learned a great deal from nearly a decade of partnership with your team, and from the riders who depend on this collaboration to access jobs, doctor appointments, groceries, and social and recreational opportunities.
The attached proposal describes Lyft’s approach to the next phase of our partnership. To facilitate your evaluation, we have provided highlights from our technical proposal below, organized according to the proposal evaluation criteria listed in Section 14 of the RFP instructions:
● Qualifications of Company and Personnel: The City will be working closely with Lyft’s Transit Partnerships team: a think tank of urban transportation planners, data scientists, and engineers who have helped launch over 100+ rideshare-based transit partnerships to date. The national scale of our partnerships has allowed us to cultivate a transit center of excellence at Lyft, with breadth and depth of experience in transit planning and operations, technology, analytics, and performance measurement. The Transit Partnerships Team will be able to continuously monitor day-to-day operations and address any performance issues or service risks that may arise over the course of our partnership with the City.
● Relevant Project Experience: Lyft has nearly 17 years of successful experience in transportation, including over a decade of partnership with the City of San Clemente on the SC Rides program.
We have a proven track record of executing multi-year contracts with public and private agencies, including over 100+ rideshare-based transit partnerships launched to date. We have used these opportunities to pioneer innovative service models that leverage the non-dedicated network of drivers on the Lyft platform. These partnerships are helping cities and transit agencies across the United States expand mobility for all residents, especially communities that have historically faced transportation barriers. In addition to the City of San Clemente, Lyft partners with the cities of Santa Monica, Monrovia, and El Segundo in Southern California. ● Technical Expertise: Lyft’s flagship product allows riders to request, track real-time information, and pay for rides through the Lyft app: our smartphone-based technology platform that matches ride requests to an available seat in a nearby vehicle—on-demand. Today, we facilitate millions of rides every day across 360+ cities, and employ thousands of team members across multiple regional offices. Lyft’s User Experience Research team works with our riders, drivers, and city and transit agency partners to continuously simplify and enhance the end-to-end rider experience, from the initial trip request, through pick up and drop off. We draw on principles of universal design to ensure that our services are accessible to all riders within the communities we serve, including those who have historically faced barriers to access. Our tireless efforts to improve the user Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E 44 lyA
experience for riders was recognized in 2018, when Lyft won the 2018 Material Design Award for Innovation. This award recognized how we adopted user experience to build upon and extend our technology in inspiring new directions.
● Methodology: Lyft’s transit partnerships are built around our turnkey Digital Transit Pass, which allows agency partners to design programs that grant riders a defined number of Lyft rides at an agency-specified level of subsidy. The City will have the ability to design subsidized ride programs based on multiple eligibility criteria, including geographical boundaries, days of the week, hours of the day, vehicle types, and trip types (e.g. shared vs. non-shared). For example, the Digital Transit Pass for the current SC Rides program is set up to apply a subsidy up to $9 to Lyft rides taken between 6am to 8pm, so long as they are picked up and dropped off within a .25 miles radius of the original 191 and 193 bus routes. These rides must also be requested in a Shared ride mode to be eligible.
● Quality Control: The Lyft team will leverage significant investments in technology that Lyft has made to help ensure a reliable, high-quality experience on the Lyft platform. These include real-time supply balancing mechanisms that automatically alert drivers on our platform to areas of greater ride demand, data-driven ETA estimate algorithms based on the tens of thousands of on-demand trips every day in Orange County, and continuous screening mechanisms that help encourage drivers to always deliver the best possible service to riders. ● Innovation: Our Transit Partnerships team is always learning. Our collaborative ethos and iterative, data-driven approach to program design allow agency partners to continually experiment with and refine their innovative mobility programs. The City can easily pilot new programs and scale them up or down thanks to our pay-as-you-go pricing structure tied to trips delivered. With Lyft, expanding or sunsetting a program is straightforward, as programs are unconstrained by sunk capital investments in fleet or technology, and there are no contractual commitments to minimum trip volume/spend. Together, these features lower the barriers to experimentation that are so critical to the success and scalability of innovative mobility programs. As a result, we are always learning with our partners, and from our partners, developing industry best practices that we are able to share across all our programs.
● Project Timeline: The current SC Rides program is already live, and can continue to serve riders while we work with the City to execute a new contract. There will be no disruption to the existing service during the contract negotiation period, and no ramp up time to launch a new service once a final contract is executed.
● Cost: Lyft’s iterative approach to shared mobility has helped agency partners across the United States create transit programs that are both financially sustainable and scalable. Partnering with Lyft requires no up-front software or technology development costs, nor any ongoing fees for technology and operations support. We offer a pay-as-you go structure tied to trips booked and delivered through the platform, which means that instead of a set per-month or upfront fee commitment, the City is only required to pay for each ride taken, at our prevailing public rate card for the Orange County region.
The letter must be signed by an individual
authorized to bind the consultant/contractor.
Buck Poropatich, Vice President Healthcare and
Community Access, Lyft is authorized to bind Lyft to
the terms of any future contract that may arise from
this RFP.
The letter must stipulate that the proposed price
will be valid for a period of at least 90 days.
The pricing described in this response will be valid
for a period of at least 90 days.
Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E 45 Indicate the address and telephone number of
the consultant’s/contractor’s office located
nearest to San Clemente, California
185 Berry Street, Suite 400
San Francisco, CA 94107
The office from which the project will be
managed.
185 Berry Street, Suite 400
San Francisco, CA 94107
Respectfully submitted,
Buck Poropatich
Vice President of Healthcare and Community Access Partnerships Lyft, Inc.
185 Berry Street, Suite 400
San Francisco, CA 94107
Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E 46 2: Background and Approach
2.1. The Background and Approach Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished.
Since 2016, Lyft has had the privilege of working alongside your team on the SC Rides program, helping to address a gap in regional transit services following the termination of OCTA bus routes 191 and 193. We have learned a great deal from nearly a decade of partnership with your team, and from the riders who depend on this collaboration to access jobs, doctor appointments, groceries, and social and recreational opportunities.
As your team and community of riders knows, our proposal leverages Lyft’s proven technology platform, which matches riders to an existing network of drivers operating across Orange County and the City of San Clemente. Rides can be requested 24/7, with typical wait times of under 5-10 minutes across the region. For the SC Rides program, rides can be requested in a Shared ride mode, which matches customer trip requests to active trips heading in the same direction, allowing riders to share the overlapping portion of their ride.
The City can seamlessly tap into that existing network to design their own rideshare-based transit programs, thanks to Lyft’s Transit Technology Suite. The suite includes our Digital Transit Pass, which allows the City to distribute in-app program passes that automatically apply subsidies to select Lyft rides that meet defined eligibility criteria. For example, the Digital Transit Pass for the current SC Rides program is set up to apply a subsidy up to $9 to Lyft rides taken between 6am to 8pm, so long as they are picked up and dropped off within a .25 miles radius of the original 191 and 193 bus routes.
These rides must also be requested in a Shared ride mode to be eligible.
By entering the code “SCRIDES” into the Lyft app or scanning a digital QR Code, San Clemente riders can enjoy subsidized rides, courtesy of the City of San Clemente and the Orange County Transportation Authority.
Our self-service Program Planning Dashboard will guide City staff through each step of the program development process, giving your team the freedom to design, launch, and refine your own custom rideshare-based transit programs. Your team will also have the ability to create customized in-app touchpoints for the Digital Transit Pass, allowing you to offer rideshare-based transit programs that look and feel like seamless extensions of the City of San Clemente.
Lyft’s iterative approach to shared mobility has helped agency partners across the United States create transit programs that are both financially sustainable and scalable. Our approach is defined by:
1. Robust data. Ongoing program evaluation and refinement for our partnerships are supported by a reporting and invoicing protocol that provide robust visibility into program ridership, health and spend.
47 2. Pay-as-you-go pricing. Partnering with Lyft requires no up-front software or technology development costs, nor any ongoing fees for technology and operations support. We offer a pay-as-you go structure tied to trips booked and delivered through the platform, which means that instead of a set per-month or upfront fee commitment, the City is only required to pay for each ride taken, at our prevailing public rate card for the Orange County region.
3. Flexible program design. The flexibility of our platform allows the city to efficiently administer a range of cost-sharing subsidies, and adjust these subsidies on the fly as program and budgetary needs evolve. This flexibility will help the City to deliver meaningful service options at a reasonable cost.
We are grateful to have had the opportunity to partner with OCTA and the City of San Clemente on a community transit service that has proven to be safe, clean and convenient; tailored to the needs of the City of San Clemente’s residents; complementary of regional bus and rail service; and served as a cost-effective transit option in suburban areas of the region that have been challenging for transit to serve. 48 3: Methodology
Lyft’s transit partnerships are built around our turnkey Digital Transit Pass, which allows agency partners to design programs that grant riders a defined number of Lyft rides at an agency-specified level of subsidy. The City will have the ability to design subsidized ride programs based on multiple eligibility criteria, including geographical boundaries, days of the week, hours of the day, vehicle types, and trip types (e.g. shared vs. non-shared).
For example, the Digital Transit Pass for the current SC Rides program is set up to apply a subsidy up to $9 to Lyft rides taken between 6am to 8pm, so long as they are picked up and dropped off within a .25 miles radius of the original 191 and 193 bus routes. These rides must also be requested in a Shared ride mode to be eligible.
The Digital Transit Pass will automatically verify rider eligibility at the time of booking, and apply a subsidy up to $9 to any qualifying trip. Lyft will invoice these subsidies to the agency on a recurring basis, and riders will be responsible for any remaining fare beyond the $9 subsidy. The City will not be invoiced for any ride that does not qualify for a subsidy based on the eligibility criteria.
The City can set up different Digital Transit Passes to meet the needs of different groups of riders. For example, the City could enroll select groups of low-income riders that live in outlying communities in a separate Digital Transit Pass program that applies a higher level of subsidy (e.g. $18 vs $9).
The subsections below discuss the Digital Transit Pass setup process in more detail, followed by an overview of how riders would request rides through the Lyft app.
3.1.1. DIGITAL TRANSIT PASS SETUP
Our new Program Planning Dashboard will give agency staff the ability to design, launch, and modify program parameters in response to changing program needs. The self-service dashboard will walk staff through each step of the pass development process, from defining restrictions based on service area (i.e trip origins/destinations), service hour, and trip type, to enrolling and managing rider eligibility (e.g. pre-authorized customers). There are no limits on the number of different digital passes (i.e benefit levels) that can be created.
These steps are described more fully in the subsections below:
3.1.1.1 CHOOSING A SUBSIDY STRUCTURE
The dashboard will allow the City to design transit programs based on a range of different subsidy structures. Again, there are no limits to the number of benefit levels that can be created. Examples are highlighted below:
● $X Discount / Free Rides up to $X. The agency covers rides up to $X, with the remainder being covered by the rider. For example, Lyft could subsidize eligible rides up to $9, and bill the customer for any remaining fare above $9. 49 ● Fixed Fare $A up to $Z. Rider pays a fixed fare of $A. The agency covers remaining fare up to $Z. Rider responsible for any remaining fare. ● % Discount on Rides up to $Y. The agency covers a % of ride costs up to $Y. Lyft would bill the customer for any remaining fare greater than $Y. ● Up to X Rides a Day/Month. Agencies can also place caps on the total number of trips that are eligible for subsidies over a given time period, for example up to 50 rides a month or 2 rides a day. Different passes can be set up for different benefit levels (e.g. 10, 20, 30, 40). These rides can be replenished automatically at the beginning of each day/month.
3.1.1.2 DEFINING TRIP ELIGIBILITY
The dashboard will allow the City to create tailored ride programs based on custom geographical boundaries, days of the week, hours of the day, vehicle types, and trip types (e.g. shared vs. non-shared.
● Trip Type / Mode Eligibility. The City will be able to restrict the trip type or mode that riders can request
through the Lyft platform. Our transit partnerships
typically include one or more of the below trip types,
including both shared and non-shared options.
● Geofencing/Service Area Eligibility. The Lyft platform includes a geofencing feature that allows our agency
partners to define customized paratransit service areas.
Program subsidies would only be applied to trips that
start and end within a defined zone. For example,
geofences could be set up to subsidize trips within the entire City of San Clemente service area, or to provide higher levels of subsidy within a portion of the service area with a high proportion of low-income riders.
● Service Hour Eligibility. Lyft has developed a
“timeboxing” technology that allows our agency
partners to limit program subsidies to trips that take
place within a defined time window, for example between 12AM and 4AM.
3.1.1.3 ENROLLING RIDERS AND MANAGING ELIGIBILITY LISTS The Program Planning Dashboard allows the City to design programs that are open to the general public, or restricted to a list of authorized participants. For general public programs such as SC Rides, the City can share out or post a QR code or unique activation code (e.g. SCRIDES) that riders can use to activate their pass within the Lyft app.
50 X Coverage Area
_j Plc:kups and drop-offs must be within the
coverage area.
0 3.1.1.4 CREATING A BRANDED EXPERIENCE
We understand that our transit partners want to offer programs that look and feel like seamless extensions of their agency’s network. From the initial invitation to activate the digital pass through the ride booking process, the City will have opportunities to create customized in-app touchpoints and features that look and feel familiar to their riders.
Branded Monthly Pass Invitation. Once added to the program eligibility list, riders will be sent an invitation to activate their digital microtransit pass. The invitation can be clearly branded with the City logo, and include a friendly welcome message to riders.
Dynamically-Updated, Branded Program Pass. Riders will have access to their San Clemente-branded transit program pass within the Lyft app that describes the ride program, including eligible service areas, hours, and trip types; available subsidies; remaining trips; and valid dates.
3.2. A rideshare service accessible via a computer or smartphone application (app) for users aged 18 and older, with a valid electronic payment option.
Program participants will be able to request, track real-time information, and pay for rides through the Lyft app: our smartphone-based technology platform that matches ride requests to an available seat in a nearby vehicle—on-demand. The Lyft app is available for free download from both the Apple Store and Google Play.
The following narrative provides a high-level overview of the rider experience for Lyft Pass users.
3.2.1.1 ACTIVATING THE DIGITAL MICROTRANSIT PASS
The City can distribute or post a QR Code or unique code (e.g. SCRIDES) that riders can use to activate their digital pass. Once activated, riders will have access to a branded program pass within the Lyft app that describes the ride program, including eligible service areas, hours, and trip types; available subsidies; remaining trips; and valid dates.
3.2.1.2 RIDE BOOKING
To request a ride, participants simply open the Lyft app and enter their destination. The Lyft app will display available options, along with estimated arrival times and rider fares, net of any City-provided subsidies.
Once a transportation option is selected, riders confirm that the GPS location for pick-up is correct, and then tap the “Request” button. Our platform will then route the ride request to nearby drivers in real-time.
3.2.1.3 COORDINATING PICK-UP
The Lyft platform includes multiple features to help drivers and riders find each other:
● Real-time tracking. Once a match is made, the app will alert riders with an audible chime and tactile feedback. The alert is sent to the rider as a “push” 51 notification through the Lyft app, and as a text to the rider’s registered mobile number. Riders can then use the app to see how far away the driver currently is, and the estimated time of arrival (in minutes). The system continues to calculate and update the estimated ETA in real-time until the rider is picked-up. ● Driver and vehicle information. The app will display a photo of the driver, a photo of the driver’s vehicle, and the vehicle’s license plate number. The license plate number is displayed prominently in the app during pick-up, making it easier for passengers to match it with the arriving vehicle.
● Arrival notifications. Riders receive notifications when their dispatched vehicle is two minutes away from the designated pickup location, and then again when the vehicle has arrived. These notifications are sent to the rider as a “push” notification through the Lyft app, and as a text to the rider’s registered mobile number.
● Direct Communication. Once a driver has been matched with a rider, both parties can use the Lyft app to call or text each other. The Lyft app anonymizes the phone numbers to protect the privacy of both the passenger and driver. ● No-Show Policy. If drivers arrive at the designated pick-up location and are unable to locate the passenger, they are instructed to wait at least 5 minutes, and attempt to contact the passenger by phone or text before departing.
3.2.1.4 FARE PAYMENT
Lyft’s technology automates the process of fare collection and agency invoicing. Our platform collects customer co-pays automatically after each ride using the primary payment method designated on their Lyft account. During initial set-up, users are prompted to enter a primary payment method for their account. This primary payment method can be a major credit card (e.g. American Express, Visa, MasterCard, Discover), debit cards tied to checking accounts, prepaid debit cards, or Lyft Cash. At the end of a trip, the ride cost after deducting any agency-provided subsidies is billed directly to this primary payment method. Lyft will invoice the City for the subsidy portion of the fares on a monthly basis.
If a trip is not eligible for a subsidy, the initial fare estimate presented to the rider will not reflect a subsidy, and the customer will be responsible for the full trip fare.
Unbanked Riders
Our prepaid debit card solution and Lyft Cash payment option ensures that cities and transit agencies who partner with Lyft can meet Title VI requirements to provide unbanked riders access to the Lyft network. Riders without a credit card or checking account can pay for rides using prepaid debit cards. Debit cards can be purchased with cash at most grocery stores, convenience stores, and pharmacy chains, including CVS, Walgreens, Stop & Shop, Wegmans, and 7-Eleven. Riders can sign up for Lyft and designate a prepaid debit card as their primary payment method instead of a credit or debit card. Lyft has prioritized prepaid debit card solutions because it does not tie up funds for use on Lyft rides only, providing a more flexible payment experience to cash-based users. Lyft Cash is a stored value payment method that allows riders to 52 pre-load funds into a digital account, and use those funds for future Lyft rides. Riders can visit one of Lyft’s 35,000+ retail partners (Walgreens, Walmart, Kroger, Family Dollar, etc.) across the United States to refill their balances using cash.
3.3. The contract should also include a viable option for ADA riders.
All vehicles approved on the Lyft platform can accommodate collapsible wheelchairs.
In addition, riders who need a fixed-frame wheelchair-accessible vehicle will be able to request one through the current WAV provider for the SC Rides program–ButterFLI.
ButterFLI will continue to serve program riders that need a wheelchair accessible vehicle or extra assistance with boarding and alighting. The existing booking flow that SC Rides riders use to request these rides from ButterFLI will remain the same, providing a seamless transition for program riders under any future contract.
If awarded a contract under this RFP, ButterFLI would be incorporated as a subcontractor under Lyft.
WAV trips are subject to longer boarding and alighting times per trip, as well as the additional training and certifications required to meet the needs of WAV passengers. As such, on-demand WAV trips are priced using an alternative rate structure, provided by ButterFLi, that reflect the higher costs of service. For the SC Rides program, ButterFLI offers a flat rate per ride, based on the following schedule:
● Mon-Fri: $95.00 flat rate; no mileage- or distance-based fare ● Sat/Sun: $125.00 flat rate; no mileage- or distance-based fare As we do with all our other transit partnerships, Lyft will work with the City to ensure that the passenger facing fare for WAV rides remains equal to the fare offered to all other passengers in the program.
3.4. The rideshare service must be able to provide shared-rides. Shared rides involve one or more people sharing a single vehicle to travel together, often to the same or nearby destinations. Please note, the awarded contractor must ensure all SCRides trips are offered as “shared rides” in accordance with OCTA guidelines. However, if no other riders are matched along the route, the trip may proceed as a single-passenger ride.
The City will be able to restrict the trip type or mode that riders can request through the Lyft platform to shared rides only. Under the current program, Lyft’s Shared ride mode matches customer trip requests to active trips heading in the same direction, allowing riders to share the overlapping portion of their ride. If no other riders are matched along the route, the trip will effectively operate as a single-passenger ride.
3.5. Hours of Operation: The rideshare service will operate similar to the time frames of the previous bus routes 191 and 193 service, from 6am to 8pm, daily.
Lyft has developed a “timeboxing” technology that allows our agency partners to limit program subsidies to trips that take place within a defined time window, such as time of 53 day or day of week. The City can use this to limit program subsidies to rides taken between 6am to 8pm, daily.
3.6. Route Descriptions: Pickups and drop-offs within a quarter mile of former route 191 and 193 bus stops. Please see Attachment A for area coverage map or visit Public Mobility Map.
The Lyft platform includes a geofencing feature that allows our agency partners to define customized paratransit service areas. Program subsidies would only be applied to trips that start and end within a defined zone. Under the current SC Rides program,, geofences are set up to restrict subsidies to requests that pickup and dropoff within a quarter mile of the former route 191 and 193 bus stops.
3.7. Identifying a Project Manager who will oversee the proper operation and administration. The designated Project Manager must be available to the City at all times.
Mike Calma will serve as Lyft’s dedicated project manager. Mike will be supported by Jenny Clemmens, Head of Lyft’s Transit Partnerships team. Mike started out in the healthcare logistics space and has spent the last five years focused on account and project management. During his tenure at Lyft, Mike upholds the role as the main point of contact for both transit and healthcare partners. His expertise lies in developing trusted client relationships with a deep understanding of their operations. Being committed to customer obsession has led Mike to addressing the client's challenges with strategic problem-solving.
3.8. Performance monitoring: Prepare and submit all operating reports on-time in the requested format. The City anticipates a monthly billing report that would include customers name and Program ID (if applicable), trip origin and destination, trip mileage, pickup and drop off times, number of trips provided, trip duration, and any other relevant information
We provide all agency partners with invoices reflecting the total cost of services delivered in the previous month. Each invoice is accompanied by a detailed trip-level report that has been carefully designed in partnership with our public agency partners to inform ongoing program planning, evaluation, and refinement—including NTD Reporting—while still protecting the personal travel privacy of customers. The data is provided in a csv/excel format, and structured in such a way that can be quickly imported into any off-the-shelf spreadsheet or GIS tool for further analysis and summary. These trip-level reports would be available for the the City to access at any time through our Program Planning Dashboard, and are updated daily with newly completed ride details.
3.9. Attend meetings with staff as needed.
Mike Calma will be available to meet with City staff on a regular and as-needed basis. 54 3.10. Respond to all customer comments related to service.
Lyft maintains an online Help Desk and 24/7 critical response line that riders and drivers can access through the Lyft app. Agents are available 24 hours a day, 7 days a week to respond to vehicle accidents, safety incidents, and citations. All issues from a lost hat to a reported accident are digitally tracked from initial registration of a complaint to final resolution. In addition, Lyft offers multiple non-emergency channels of support for riders, drivers, and our agency partners, all supported by a team rated “Best Customer Service in Rideshare” by Newsweek for four consecutive years.
Additional channels of support include:
● Real-Time Driver Feedback System. Drivers on the Lyft platform are evaluated on an ongoing, real-time basis through our driver feedback system. At the end of each ride, riders are invited to rate their driver on a scale of 1-5 stars, and provide written feedback about their encounters. If the rider rates their driver 3 stars or lower, they will not be matched with the driver again. Rider feedback is shared anonymously with the driver to help them identify issues and provide the best possible experience for riders. Drivers that receive consistently low ratings will be flagged for a follow up by the Lyft team, leading to support and coaching to improve an issue, and/or potentially resulting in the suspension of the driver from the platform.
● Online Help Center. Lyft’s support team manages an online Help Center (https://help.lyft.com/hc/en-us) with how-to guides and responses to frequently asked questions, as well as a robust contact form that riders can use to flag issues to our Lyft Rider Experience team.
● Twitter. Lyft has dedicated staff to address rider concerns over social media @AskLyft.
● Price Review. If a passenger is unsatisfied with their ride receipt, they can request an internal price review at the bottom of their receipt, or through the ride history section of their account.
● Lost and Found. To help our passengers reconnect with items they inadvertently left in a Lyft ride, we have developed a feature that allows passengers to securely connect with their previous drivers. Riders can access this feature through the Lyft app or via the link in their email ride receipt. For calls and messages, the Lyft app uses a masked phone number so that the rider’s personal contact information remains hidden. If the rider is unable to reach the driver directly, they can contact our 24/7 support team for assistance.
3.11. Services must comply with local, state and federal laws.
Lyft has a dedicated team of experts responsible for ensuring we operate in compliance with applicable laws, rules, regulations, and ordinances governing our operations. This includes all applicable laws and ordinances of the State of California and City of San Clemente.
55 3.12. Maintain and provide reports on service feedback/customer satisfaction including, a compliment/complaint web-based portal.
Please see [3.10] for a description of our 24/7 critical response line, as well as additional channels of support that riders can access.
3.13. Contractor shall notify City within 24 hours of any accident or incidents that occur while providing the service.
Every safety allegation on the Lyft platform results in an investigation by our safety team.
Lyft’s agency partners have a direct line to our Transit Partnerships and Agency Special Resolutions Team, which acts as the agency’s dedicated liaison with Lyft’s general support organization. In the event of an incident, accident or any other issue involving an agency rider, the Special Resolutions team will investigate the accident and report its findings back to designated agency staff. The team will contact all parties involved to collect relevant information regarding the alleged incident or accident, and perform a holistic review of the associated user accounts. Throughout the process, the Special Resolutions team will provide updates to designated agency staff. In the unlikely event that a safety incident occurs, Lyft is willing to work with the City of San Clemente to share relevant information. Incidents would be handled on a case-by-case basis. We are open to exploring protocols that work for the City and align with Lyft’s privacy obligations under law and our privacy policy for Lyft platform users.
3.14. The City reserves the right to decrease or increase hours of operation, area map, or the city subsidy rate at any given time.
The City can create tailored ride programs based on custom geographical boundaries, days of the week, hours of the day, vehicle types, and trip types (e.g. shared vs. non-shared. The trip eligibility parameters described in [3.1.1.2], as well as subsidy amounts can be adjusted on the fly as program and budgetary needs evolve. This flexibility will help the City to deliver meaningful service options at a reasonable cost.
3.15. The City’s program operates under a cooperative agreement with OCTA and in compliance with 2024 OCTA CTFP Guidelines (Refer to Attachment B). The Contractor selected to provide the rideshare services must operate and provide the service in compliance with the Scope of Work and 2024 OCTA CTFP Guidelines to ensure that the City maintains eligibility to receive OCTA funding support.
Lyft has a dedicated team of experts responsible for ensuring we operate in compliance with applicable laws, rules, regulations, and ordinances governing our operations. This includes all applicable laws and ordinances of the State of California and City of San Clemente.
56 4: Work Plan
4.1. Describe the sequential work tasks you plan to carry out in accomplishing this project.
Indicate all key deliverables and their contents. Identify how much of the work will be done on site.
See [7.1] for a discussion of our implementation schedule.
4.2. Identify methods that Contractor will use to ensure quality control, as well as budget and schedule control for the project.
The team will leverage significant investments in technology that Lyft has made to help ensure a reliable, high-quality experience on the Lyft platform. These include real-time supply balancing mechanisms that automatically alert drivers on our platform to areas of greater ride demand, data-driven ETA estimate algorithms based on the tens of thousands of on-demand trip requests every day in the Orange County region, and continuous screening mechanisms that help encourage drivers to always deliver the best possible service to riders.
Lyft’s technology platform connects independent contractor drivers operating their own vehicles to people in their communities who require transportation. As part of the onboarding process, each driver is pre-screened to ensure that they meet Lyft’s platform standards, as well as any applicable federal, state, and local requirements.
Background Checks
Lyft partners with three of the top background check agencies in the country to implement a driver pre-screening process that includes a driving history review and a criminal background check. These include:
● Driving History Review. Lyft reviews individuals’ motor vehicle records before they are approved to drive on the Lyft platform. Lyft also conducts continuous monitoring of driving records, providing our team with rapid insight into new citations and enabling us to quickly deactivate those who no longer meet Lyft’s safety standards. Applicants and existing drivers are prohibited from providing services on the Lyft platform if their motor vehicle records do not comply with the requirements set by the state, local statutes, or with Lyft’s internal criteria. ● Criminal Background Check. All Lyft drivers must pass a criminal background check. This background check includes a Social Security number trace, a nationwide criminal search, a county court records search, a federal criminal search, as well as a U.S. Department of Justice 50-state sex offender registry search. Any disqualifying criminal convictions are immediately flagged for review.
Drivers are prohibited from providing rides on the Lyft platform if their criminal background checks do not meet standards set by the state, local statutes, or with Lyft’s internal criteria. The screening process meets or exceeds requirements established by the state of California for the safe and legal delivery of 57 transportation services through a transportation network company (TNC). Drivers that do not meet these standards are prohibited from providing services through the Lyft platform.
Driver Onboarding
Lyft’s technology platform connects independent contractor drivers operating their own vehicles to people in their communities who require transportation. The driver onboarding process includes a series of tutorials and how-to guides that cover all aspects of service delivery, and provide guidance on how to maintain a safe, inclusive and welcoming community—both inside and outside the car.
Our guidance materials include the following general topic areas:
● Passenger Assistance. Lyft has partnered with Open Doors Organization, a non-profit dedicated to improving the lives of people with disabilities, to advise drivers on best practices for assisting passengers with mobility devices. The resources help drivers understand the different assistive mobility devices they might encounter, and how to safely break down and stow them in their car. The resources include tips for how to communicate respectfully with riders who may need additional assistance.
● Customer Service. Our onboarding materials include modules on customer service. We provide guidance on how to accommodate customers with disabilities that limit their vision and hearing, or passengers who travel with a service animal companion. Lyft also delivers service reminders to Lyft drivers through our driver hub website and regular communication channels of email and text. ● Passenger Sensitivity. Lyft’s onboarding process includes tutorials that remind drivers that they will be serving a diverse group of customers, including passengers who might have limited hearing, vision, or mobility. To help ensure an inclusive and welcoming community for all riders, our tutorials include the following reminders: (1) Some riders may need additional time or assistance boarding their Lyft ride; (2) If you’re not sure what a rider needs, ask your rider, “How may I assist you?”; (3) Willingness to find a way to communicate are your best tools.
● Service Animal Policy. As part of the onboarding process, Lyft reminds drivers that they must comply with applicable laws and Lyft’s Service Animal Policy, which states that drivers may not deny service or otherwise discriminate against riders with service animals. Drivers must transport a rider with a service animal regardless of whether a driver is allergic or afraid of these animals, or has a religious or cultural objection to them. Failure to abide by Lyft’s Service Animal Policy could result in immediate and permanent deactivation if an investigation confirms that a wrongful denial took place
● Anti-Discrimination Policy. Discrimination against passengers or drivers on the basis of race, color, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation is not allowed, and can result in a driver or rider’s deactivation from the Lyft platform. 58 ● Road Safety. Lyft’s driver onboarding process includes tutorial videos and how-to guides that cover all aspects of ride fulfillment, including Lyft’s platform road safety policies and practices. These materials advise drivers on how to maximize safety for themselves, their riders, and other users of the road while picking up, delivering, or finishing a ride. We share common sense advice, such as reminding drivers to go hands-free, follow the rules of the road, and to take their mandatory driving breaks.
● Community Safety. Lyft has developed a community safety education program designed to help drivers understand how to create a safe and comfortable ride for their riders. The program broadly covers the topics: (1) How to read other people’s boundaries; (2) What’s appropriate for an in-car conversation; (3) How to avoid intrusive questions; (4) Tips for defusing an uncomfortable situation. ● COVID-19. Our driver guidance is continuously being updated in response to the ever-changing environment in which we operate. For example, in response to COVID-19, we quickly launched in-app guidance for drivers and created an online course to help drivers protect themselves and others. We regularly update our website with the latest CDC guidelines for rideshare, and share frequent updates with the Lyft community.
Continuous Monitoring
Once onboarded, we have multiple mechanisms in place to ensure drivers remain eligible to provide services through the Lyft platform. These include our real-time driver feedback system, as well as our continuous criminal monitoring and driving record checks:
● Real-Time Driver Feedback. Drivers on the Lyft platform are evaluated on an ongoing, real-time basis through our driver feedback system. At the end of each ride, riders are invited to rate their driver on a scale of 1-5 stars, and provide written feedback about their encounters. If the rider rates their driver 3 stars or lower, they will not be matched with the driver again. Rider feedback is shared anonymously with the driver to help them identify issues and provide the best possible experience for riders. Drivers that receive consistently low ratings will be flagged for a follow up by the Lyft team, leading to support and coaching to improve an issue, and/or potentially resulting in the suspension of the driver from the platform.
● Continuous Driving Record Monitoring. Drivers must be enrolled in continuous driving record monitoring, which monitors for disqualifying driving records on a continuous basis. Applicants and existing drivers are prohibited from providing services on the Lyft platform if their motor vehicle records do not comply with the requirements set by the State, local statutes, or with Lyft’s internal criteria. ● Continuous Criminal Monitoring. In addition to annual background checks, all active drivers on the Lyft platform are enrolled in continuous criminal monitoring, which reports to Lyft disqualifying criminal records on an ongoing basis. Drivers are prohibited from providing rides on the Lyft platform if their criminal 59 background checks do not meet standards set by the state, local statutes, or with Lyft’s internal criteria.
● Zero Tolerance Policy Enforcement. Lyft actively monitors rider feedback for indicators of zero tolerance drug and alcohol policy violations. For example, Lyft’s system will automatically escalate comments containing keywords such as “drunk” or “drugs” for immediate followup by our Trust and Safety team. Our monitoring parameters are intentionally broad to ensure that Lyft errs on the side of caution.
For example, passenger feedback containing the phrase “trip to drug store” would be immediately escalated because the word “drug” was used. If passenger feedback suggests a violation of our zero tolerance policy, Lyft will immediately suspend a driver while our Trust & Safety team conducts an investigation. If the investigation results in definitive evidence or even a strong suspicion of a zero tolerance policy violation, the driver will be permanently banned from the Lyft platform.
Operational Scalability
The supply of vehicles on the Lyft platform in any given region, at any given time, responds dynamically to meet demand. As a result, we measure our performance not by the number of active drivers in a region, but by the wait times (ETAs) delivered to riders.
In Orange County, the Lyft platform facilitates tens of thousands of trips every day, with average pick up times of ~10 minutes or less.
Our platform includes several features that help us quickly adapt to changes in demand.
This includes dynamic supply balancing algorithms that direct drivers to areas of high demand, and the ability to expand driver supply in response to an overall increase in ridership.
Budget Control
By tapping into Lyft’s on-demand network on an as-needed basis, agencies are less constrained by the sunk costs and contractual commitments to minimum trip volume/spend that are typically associated with dedicated service models. Leveraging Lyft’s non-dedicated network thus provides more flexibility to adjust or wind down programs as program needs or budgets evolve, allowing for seamless demobilization.
This unlocks the kind of rapid, iterative, data-driven experimentation that is so critical to the success of innovative mobility programs.
Furthermore, the flexibility of our platform allows the city to efficiently administer a range of cost-sharing subsidies, and adjust these subsidies on the fly as program and budgetary needs evolve. This flexibility will help the City to deliver meaningful service options at a reasonable cost.
4.3. Contractor is encouraged to propose enhancements or procedural or technical innovations to the Scope of Work that do not materially deviate from the objectives or required content of the project.
60 Our Transit Partnerships team is always learning. Our collaborative ethos and iterative, data-driven approach to program design allow agency partners to continually experiment with and refine their innovative mobility programs. As a result, we are always learning with our partners, and from our partners, developing industry best practices that we are able to share across all our programs.
4.4. Provide samples of any past collateral for similar rideshare programs. Copies of samples should be included with the original proposal and each proposal copy.
We are happy to support City staff in the development supportive marketing collateral for the SC Rides program.
61 5: Project Organization and Staffing
5.1. Describe your approach and methods for managing the project.
The City will be working closely with Lyft’s Transit Partnerships team: a think tank of over 40 urban transportation planners, data scientists, product managers, and engineers who have helped launch over 100+ rideshare-based transit partnerships to date. The national scale of our partnerships has allowed us to cultivate a transit center of excellence at Lyft, with breadth and depth of experience in transit planning and operations, technology, analytics, performance measurement, and community outreach. The Transit Partnerships Team will be able to continuously monitor day-to-day operations and address any performance issues or service risks that may arise over the course of our partnership with the City.
Lyft structures our transit partnerships to integrate seamlessly with our operations infrastructure, providing a built-in foundation for ongoing issue resolution, marketing, reporting/evaluation, and refinement once launched. In addition, Lyft provides each of its transit partners an additional layer of support through our dedicated Transit Partnerships Account Management team. Lyft’s Transit Partnership team fields and responds to all inquiries that come into our team directly from program passengers and from agency staff, and will serve as a white-glove interface between the the City and Lyft’s general support teams.
The team will leverage significant investments in technology that Lyft has made to help ensure a reliable, high-quality experience on the Lyft platform. These include real-time supply balancing mechanisms that automatically alert drivers on our platform to areas of greater ride demand, data-driven ETA estimate algorithms based on the tens of thousands of on-demand trip requests every day in Orange County, and continuous screening mechanisms that help encourage drivers to always deliver the best possible service to riders.
Our Transit Partnerships team is always learning. Our collaborative ethos and iterative, data-driven approach to program design allow agency partners to continually experiment with and refine their innovative mobility programs. As a result, we are always learning with our partners, and from our partners, developing industry best practices that we are able to share across all our programs.
5.2. Provide an organization chart showing all proposed project team members. Describe the responsibilities of each person on the project team. Identify the Project Director and/or Manager and the person who will be the key contact with the City of San Clemente.
Mike Calma will serve as Lyft’s dedicated Project Manager and key point of contact with the City of San Clemente. Mike will be supported by Jenny Clemmens, Head of Lyft’s Transit Partnerships team. Please see [5.3] for a full team roster and brief bios. 62 5.3. Provide brief descriptions of the qualifications of key personnel including their responsibilities on this project and experience on other similar projects. Team member resumes may be included, but should be concise.
Brief bios for Mike and Jenny, along with other supporting staff, are provided below.
MIKE CALMA | Transit Partnerships Account Manager
Mike started out in the healthcare logistics space and has spent the last five years focused on account and project management. During his tenure at Lyft, Mike serves as the main point of contact for both transit and healthcare partners.
His expertise lies in developing trusted client relationships with a deep understanding of their operations. Being committed to customer obsession has led Mike to addressing the client's challenges with strategic problem-solving.
JENNY CLEMMENS | Head of Transit Partnerships
Jenny has spent the last 7+ years at Lyft building key partnerships and implementing strategic platform integrations in the Medicaid and Medicare NEMT space. Prior to joining Lyft, Jenny worked in both the advertising technology (Facebook) and financial technology (Orchard) space learning how to modernize legacy systems in video advertising and alternative lending. She has a wealth of experience architecting solutions that allow new technology to optimize highly regulated spaces. Jenny has a bachelors in Corporate Communication and Plan II Honors from The University of Texas in Austin.
EARL KAING | Senior Transit Planner and Analytics
Earl helps design and evaluate solutions tailored to the unique challenges facing our public partners. He brings 17+ years of transit and infrastructure planning experience, including roles as a business intelligence consultant with Accenture, where he focused on public infrastructure; and as a transit planner and analytics manager at San Francisco MTA, where he led complete streets projects to improve the transit rider experience. Earl has a Master of City Planning from UCLA, and a B.S. Mechanical Engineering from UC Berkeley. 63 6: Related Experience
6.1. Describe recent, directly related experience. Include on each listing the name of the client; description of the work done; primary client contact, address and telephone number; dates for the project; name of the Project Director and/or Manager and members of the proposed project team who worked on the project, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address and telephone number. The City of San Clemente reserves the right to contact any of the organizations or individuals listed.
6.1.1. CITY OF SANTA MONICA BIG BLUE BUS
Project Name Mobility On-Demand Every Day
Client City of Santa Monica Big Blue Bus (Los Angeles County, CA) Client Contact Information Alfredo Torales, Strategic Transit Planner [email protected]
Phone number provided upon request
Description Of Work Performed Big Blue Bus (BBB) has partnered with Lyft to provide on-demand services via a rebranded Dial-A-Ride program for older adults and people with disabilities living in Santa Monica.
The new service called MODE, Mobility On-Demand Every Day, launched on July 1, 2018 to overcome vehicle supply constraints and provide added mobility options for their Dial-a-Ride users.
Lyft's technology and flexible transportation service network is allowing MODE to meet the high demand for service during peak times when members are most interested in traveling while increasing efficiency when the demand for transportation decreases. This innovation addresses a long-standing issue with Big Blue Bus Dial-A-Ride, where members often encountered challenges booking a ride during high demand periods.
Total Project Cost Contract Value: ~3k rides per month
Lyft’s Contracting Role Lyft is the prime contractor for this project.
Period Over Which The Work
Was Completed,
07/2018 - Present
Project Team Daniel Kim: Transit Partnerships Account Manager/Project Manager
Earl Kaing: Senior Transit Planner and Analytics
Jenny Clemmens: Head of Transit Partnerships
64 THE CHALLENGE
Santa Monica’s Big Blue Bus’ Dial-A-Ride program members were eager for a new solution that embedded more flexibility into the agency’s paratransit offering. Members often encountered challenges booking a ride during high demand periods: the system was oversubscribed between 9am and noon on weekdays, and undersubscribed most other times, making it difficult to ensure riders were receiving a consistent level of service.
For BBB’s Dial-A-Ride, trips usually needed to be booked 24 hours in advance to a telephone information dispatcher who would schedule and dispatch the service for customers. The system didn’t allow BBB to offer on-demand ride requests, track vehicles, or digitally process payments, which was becoming increasingly important information needed to measure program usage. BBB wanted to set up a new system that would improve quality of life for customers and offer more flexible journey capacity without increasing BBB’s existing budget.
THE SOLUTION
Big Blue Bus (BBB) partnered with Lyft to provide on-demand services via a rebranded Dial-A-Ride program for older adults and people with disabilities living in Santa Monica.
The new service called MODE, Mobility On-Demand Every Day, was launched on July 1, 2018 to overcome vehicle supply constraints and provide added mobility options for Santa Monica residents. Lyft's technology and flexible transportation service network is allowing MODE to meet the high demand for service during peak times when members are most interested in traveling while increasing efficiency when the demand for transportation decreases.
The service is available seven days a week, and users can book a MODE ride via the Lyft app or online. Members are limited to a total of 30 rides per month. MODE offers two fare types for a ride: a Low-Income Fare which costs $0.75, and a regular fare which costs $1.50.
Big Blue Bus also uses Lyft’s API integration with Spare Platform to book rides for riders that prefer to make a telephone reservation. Riders phone into Big Blue Bus’s program call center, and a reservationist uses the Spare Platform to schedule and dispatch the ride on the rider’s behalf.
OUTCOME AND IMPACT
The program has made a dramatic difference on riders’ lives, helping seniors continue to live independently and stay connected to their community. Program participants have expressed that the new MODE service with Lyft is helping them stay more active and less 65 m6de MOBILITY ON DEMAND EVERY DAY
SUPPORTING
YOUNG-AT-HEART SENIORS
BY MAKING YOUR TRAVEL
EASIER, FASTER, AND MORE CONVENIENT!
isolated, reflecting the positive public health impacts of having reliable access to transportation. “This partnership is reflective of the changing mobility landscape and how transit agencies can adopt new technology to enhance the travel experience for MODE members throughout our City. Continuing to understand customer needs and meeting those needs through quick and innovative service delivery is critical to our success in providing outstanding and efficient service," said Ed King, Director of Transit Services.
6.1.2. CITY OF MONROVIA, CA
Project Name GoMonrovia
Client City of Monrovia (Los Angeles County, CA)
Client Contact Information Sophia Sousa, Management Analyst [email protected]
(626) 932-5512
Description Of Work Performed In response to the evolving transportation needs of suburban communities, the City of Monrovia partnered with Lyft to launch the GoMonrovia program. Through the GoMonrovia program, we have worked to develop a new transportation program that will provide greatly improved mobility options for the suburban user.
The program allows residents, employees, and visitors to Monrovia to access a subsidized Lyft Shared ride anywhere in the service area. This unique and innovative public-private partnership was designed to provide the community with
enhanced and affordable public transportation options that leverages Lyft as a convenient microtransit solution.
Total Project Cost Contract Value: ~10k rides per month Lyft’s Contracting Role Lyft is the prime contractor for this project.
Period Over Which The Work
Was Completed,
3/2018 - Present
Project Team Daniel Kim: Transit Partnerships Account Manager/Project Manager
Earl Kaing: Senior Transit Planner and Analytics
Jenny Clemmens: Head of Transit Partnerships
THE CHALLENGE
Monrovia, an increasingly popular suburb of Los Angeles, stretches about 14 square miles with a population of around 38,000 people. The Southern California Association of Governments expects the region’s population to grow by 4 million people in the next 25 years. Looking at Monrovia, that figure isn’t hard to believe. During the past three years, the City has added more than 2,000 new jobs, nearly 2,000 new residents, and the community is in the process of adding more than 2,200 new housing units to address 66 skyrocketing housing costs. And while the growth is welcome, it also presents transportation challenges.
In early 2018, Monrovia city leaders were looking for innovative ways to offer transportation options, to prepare the city for the mobility issues that come with increased population density and growing competition for limited parking.
Historically, Monrovia ran a traditional “Dial-a-Ride” shuttle service called Monrovia Transit to help residents move around the community and connect to regional transit services. The Dial-a-Ride transit program was a curb-to-curb service with flexible routing instead of a fixed route or schedule. That program cost the city about $1 million a year and provided around 38,000 trips annually.
Monrovia’s Dial-a-Ride system was inconvenient and inefficient, struggling to get residents where they needed to go in a timely manner. City officials realized that the community needed a transit system that was more responsive to their transportation needs to save people time and
convenience, while improving the operation’s efficiency.
THE SOLUTION
The City’s leadership aimed to combine local resources
and existing services with innovative technology
platforms to build an entirely new public transportation model for suburban communities like Monrovia. The City
looked for transportation partners with whom they could work closely and who recognized the role of both public transit and emerging services in enhancing community
mobility. That ethos aligned with Lyft’s mission to
complement public transit.
Lyft and City officials developed and launched
GoMonrovia, a first-of-its-kind partnership that was launched in March 2018. The program, which replaced the Dial-a-Ride program, incentivizes Shared Rides to transit and around the City.
OUTCOME AND IMPACT
The adoption of GoMonrovia’s new microtransit program with Lyft has exceeded expectations, having grown ridership well over 1,000 percent. GoMonrovia is now one of the most successful new mobility partnerships in the United States and has become an interesting case study of how to grow shared commuting, increase access to transit, and decouple mobility from car ownership in suburban communities. The City has received the Chapter President’s Award by the Southern California Chapter of the American Society for Public Administration (ASPA), as well as a Local Government Excellence 67 Award from the International City/County Management Association (ICMA) for the GoMonrovia program.
By partnering with Lyft, the City of Monrovia has been able to offer improved access to a larger variety of transit services for its growing communities. Ultimately, this unique partnership program has demonstrated that a new model for suburban mobility can be achieved through microtransit services with organizations like Lyft.
6.1.3. PINELLAS SUNCOAST TRANSIT AUTHORITY
Project Name Mobility On Demand
Client Pinellas Suncoast Transit Authority (Tampa Bay Area, FL) Client Contact Information Bonnie Epstein
Director of Mobility Services
727.540.1980
Description Of Work Performed In February 2019, Pinellas Suncoast Transit Authority partnered with Lyft to launch their innovative Mobility on Demand (MoD) program for paratransit riders. By tapping into Lyft’s ubiquitous ridesharing network, the MoD partnership allows PSTA to offer riders an on-demand option that complements the Authority’s traditional ADA paratransit service (PSTA Access). Tens of thousands of MoD trips have been delivered through the Lyft platform since then, providing paratransit riders with easier access to jobs, education, healthcare, and social and
recreational opportunities. “Since I’m not able to drive and I live alone, the Mobility on Demand program provides me with the necessary transportation to go to medical appointments,” explained one PSTA rider. “The reason the [MoD Program] works great for me is because I am able to schedule appointments where I don’t have to wait hours in the doctor’s office…to get picked up.” Furthermore, because the MoD program is built around Lyft’s non-dedicated rideshare network, PSTA has been able to more cost-effectively serve demand for rides, especially during peak periods. In Fall 2021, for example, the Authority reported a roughly 40% reduction in per-trip costs through the MoD partnership. The success and popularity of MoD led PSTA to expand their partnership with Lyft in Summer 2021, adding a first/last-mile- and a late night jobs access program to the Authority’s MoD offerings.
Lyft is integrated into PSTA’s white-label “PSTA Access” app. which riders use to book rides for the Mobility on Demand program. The PSTA Access app is powered on the back-end by Spare Labs.
Total Project Cost Contract Value: ~15k rides per month Lyft’s Contracting Role Lyft is the prime contractor for this project. 68 Lyft is integrated into PSTA’s white-label “PSTA Access” app, which riders use to book rides for the Mobility on Demand program. The PSTA Access app is powered on the back-end by Lyft’s API Integration with the Spare Labs platform.
Period Over Which The Work
Was Completed,
02/2019 - Present
Project Team Spencer Harrison: Transit Partnerships Account Manager/Project Manager
Earl Kaing: Senior Transit Planner and Analytics
Jenny Clemmens: Head of Transit Partnerships
69 7: Project Schedule
7.1. Provide a schedule for completing each task in the work program, including deadlines for preparing all project deliverables.
Lyft is able to execute the contract and launch the proposed program without delay.
Our proposal leverages capacity within the existing network of drivers providing services through the Lyft platform. That network fulfills tens of thousands of on-demand trip requests every day across the Orange County—24/7. The the City can seamlessly integrate with that network to launch the proposed program on an expedited timeline, and scale their program up or down on an iterative basis as operational data is collected and analyzed.
Below we outline our general implementation timeline for instituting a new program.
However, the current SC Rides program is already live, and so we can continue to serve riders while we work with the City to execute a new contract. There will be no disruption to the existing service during the contract negotiation period, and no ramp up time to launch a new service once a final contract is executed.
WEEKS FROM CONTRACT EXECUTION
TASKS 1 2 3 4 5 6
PRE-LAUNCH
1 Develop Final Mobilization & Service Plan
2 Configure Technology Platform (Digital Passes)
3 Test Service Plan
4 Marketing and Outreach
POST-LAUNCH
5 Program Management (Auditing, Reporting,
Invoicing)
70 8: Compensation
8.1. Proposed schedule should clearly show the costs for meeting the objectives of the program and include a list of limitations regarding the service and include any issues that would not fully meet the objectives of the program.
Partnering with Lyft requires no up-front software implementation costs, nor any ongoing fees for technology and operations support. We offer a pay-as-you-go structure tied to trips booked and delivered through the platform, which means that instead of a set per-month or upfront fee commitment, City of San Clemente would only pay for rides taken under one of your programs. We are proposing that each ride would be priced according to Lyft’s prevailing prices for the region, which apply to all Lyft rides in Orange County.
Lyft’s Dynamic Pricing Algorithm automatically adjusts fares on a ride-by-ride basis in response to changing costs (e.g. insurance). As such, historic pricing will not be predictive of future costs. Furthermore, we also dynamically calculate prices based on real-time movements in supply and demand. This can result in higher or lower prices for trips of equal distance/time. This dynamic pricing model helps us redirect drivers from areas of low demand to areas of high demand in real-time, and deliver competitive, market-rate pricing to riders and the City of San Clemente.
Since January 2025, Lyft has delivered about 15k trips or roughly 3k trips per month through the SC Rides program. The average total cost of the trip has been about $11.10, with the City of San Clemente covering roughly $7.72 in subsidies per trip.
8.1.1. ButterFLI WAV Trips
WAV trips are subject to longer boarding and alighting times per trip, as well as the additional training and certifications required to meet the needs of WAV passengers. As such, on-demand WAV trips are priced using an alternative rate structure, provided by ButterFLi, that reflect the higher costs of service.
For the SC Rides program, ButterFLI offers a flat rate per ride, based on the following schedule:
● Mon-Fri: $95.00 flat rate; no mileage or distance-based fare ● Sat/Sun: $125.00 flat rate; no mileage or distance-based fare Lyft will act as a direct pass-through between ButterFLI and the City; we do not add additional markups to the cost of each WAV trip delivered by ButterFLI.
As we do with all our other transit partnerships, Lyft will work with the City to ensure that the passenger facing fare for WAV rides remains equal to the fare offered to all other passengers in the program.
71 9: Statement of Compliance
9.1. Consultant/Contractor must submit a Statement of Compliance with all parts of the Request for Proposal and Draft Agreement terms and conditions, or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance must declare either: a. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or b. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. For each exception and/or suggested change, the consultant/contractor must include: i. The suggested change in the RFP or rewording of the contractual obligations. ii. Reasons for submitting the proposed exception or change. iii. Any impact the change or exception may have on project costs, scheduling or other considerations.
This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed:
We have reviewed Attachment C: City of San Clemente Professional Services Agreement, and broadly reserve the terms of the agreement for further clarification and discussion.
Lyft receives ride requests and seeks to match those ride requests with available drivers performing the transportation services (“Lyft’s Business Model”). We have developed a General Services Agreement (GSA) for public agency rideshare agreements based on this unique business model, specifically for and in collaboration with our government agency partners. The GSA includes a description of the terms and insurance we generally include in our contracts, which have been derived and informed by similar agreements that we have crafted to support 100+ public agency partnerships.
Should we be fortunate enough to be selected for an award, we would like to propose the terms in the GSA as a starting point for contracting. We have approached each of our 100+ partnerships with a collaborative spirit, and generally reserve for discussion only those elements of the City’s proposed service agreement as necessary to adequately capture the business relationship and risks and to reflect evolving industry standards.
We appreciate the opportunity to work with the City of San Clemente on a final contract and scope of services that conforms to industry standards and all applicable federal, state, and local laws, while meeting the City of San Clemente and OCTA’s requirements.
72 10: Other Information
10.1. Acknowledgement of receipt of all RFP addenda, if any.
We acknowledge receipt of Addendum Number 1 issued May 20, 2025. 73 EXHIBIT “D”
COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following hourly rates:
WORKER’S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO
CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
Safety National Casualty Corporation
SP 4066817
Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E 74 n
r7
D
Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
Lyft, Inc.
185 Berry Street, Suite 400 San Francisco, CA 94107
VP, Lyft Business
Buck Poropatich
Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E June 2, 2025
75 THANK YOU FOR THIS OPPORTUNITY!
76 You don't often get email from . Learn why this is important From: Karen Railla
Sent: Tuesday, June 17, 2025 8:07 AM
To: Cabral, Victor <[email protected]>; Knoblock, Steve <[email protected]>; [email protected]; Loeffler, Rick <[email protected]>; Wu, Zhen <wuz@sanclemente.org>; CityClerk Mail <[email protected]> Subject: Properties we rent for vacation in San Clemente Dear San Clemente City Council,
I heard recently that you may be considering dis-allowing vacation rentals in San Clemente.
I am writing to ask you to please not do this. My family and I have stayed at various properties in San Clemente for our annual family reunion for the past 8 years.
We have been satisfied with each property; they all are nice, accommodating and affordable for us.
The hotels in the surrounding areas are too expensive
for us to afford the rooms for my husband, myself and
our 3 children.
Please do not remove our ability to enjoy our family and San Clemente. We would so appreciate it!!!
Thank you very much,
Karen Raill
Thousand Oaks, CA
--ATTACHED AT BOTTON OF EMAIL IS OUR FULL CONTRACT
Visit our website: westernwhitehousesc.com
Bradley Wright
Founder/Publisher
(949) 498-0705
southcoastmagazine.com
westernwithousesc.comrg
VACATION RENTAL AGREEMENT
1. OCCUPANT: __________________________________________________ (“Occupant”) agrees as follows:
2. PROPERTY: Occupant rents, for vacation purposes only. The furnished real property is situated in San Clemente, California.
The premises has 4 bedroom(s), and 3 bathroom(s), 1 bonus room, a pool and jacuzzi.
3. ARRIVAL AND DEPARTURE:
Arrival: ______________ (Date) at __________ (Time). Departure: ______________ (Date) at __________ (Time)
4. AUTHORIZED USE AND GUESTS: The premises are for the sole use as a personal vacation residence by no more than ______ adults and ______ children. In addition to the Occupant identified in paragraph 1, only the following and same guests shall reside at the Premises: No other guests, visitors or persons are permitted without written permission from the owner. If the Premises are used, in any way by more or different persons than those identified in the liability of release forms; (i) Occupant, Authorized Guests and all others may be removed from the Premises; (ii) Occupant is in breach of this Agreement, and (iii) Occupant forfeits its right to return of any security deposit. No more than THREE vehicles on the premises and/or street and all the same cars. Additional guests, a $500 penalty per person, per day/night will be charged. NO SUBLETTING.
5. PAYMENTS: Occupant agrees to the following payments:
A. The Premises will not be held for Occupant until this Agreement signed by Occupant has been received by Management.
A credit card will be held on file up to $5,000 for Party/Event/Destruction of Property. In the event the Occupant holds a party/event or destroys the property, the credit card will be charged accordingly. Late check-out is charged at $525 and must be approved by the host prior to your arrival.
B. Category Amount Payment Due Date
Party/Event/Destruction Deposit $
Rent $
Cleaning Fee $
Pool/Spa Heating $
Transient Occupancy Tax (10%) $
Pet Fee ($250 per pet) $
AIRBNB Guest Service Fee $
TOTAL PAID TO AIRBNB $
CHECK HERE IF YOU PLAN TO HEAT THE POOL/SPA CHECK HERE IF YOU ARE NOT HEATING THE POOL/SPA *Party/Event Deposit is 100% Refundable (Minus any applicable Fees) Credit cards will not be run unless you have breached this contract with additional guests, party, event or destruction of property.
6. BALANCE DUE, ADDITIONAL FEES, LATE CHARGE: If any amount due is not received by the applicable Payment Due Date, Owner may terminate this Agreement at his discretion. Credit cards will be used to cover security deposit, additional fees, major damages, unauthorized person(s) occupying the property, parties/events or additional cars. A $250 per night/per person for unauthorized guests, and $500 per night for each additional car over the maximum of three cars. If a credit card is approved, occupant agrees not to reverse charges for any reason.
7. SECURITY DEPOSIT:
A. The security deposit will be transferred to and held by Owner. The following items of expense may be charged against security deposit. (i) fees or other sums due; (ii) repairs, damage, or destruction (excluding ordinary wear and tear), caused by the Occupant or Occupant’s guest; (iii) excessive cleaning of the premises; (iv) additional unauthorized guests; (v) breach of contract hosting party or event; (vi) credit card fees.
B. No interest will be paid on the security deposit.
8. CANCELLATION/REFUND: The traveler acknowledges there is a NO Cancellation policy on this rental and no monies will be refunded after the booking is accepted. No refunds or credits for early departure.
This contract may be cancelled by owner without notice for good cause, including but not limited to earthquake, fire damage, act of God, war, riot, flood, sale or foreclosure of property and other circumstances that may arise with a 15 day written notice or Email at will, with or without cause. If cancelled by owner, all monies paid would be returned in full including the security deposit.
9. HOLDING OVER: Occupant agrees there shall be no holding over or late departure without written approval. Any unauthorized hold over by Occupant shall be subject to a charge of 3 times the daily prorated rent (“Holdover Rate”), plus any additional damages incurred including, but not limited to, the cost of alternative housing of guests displaced by Occupant’s holding over.
10. CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon termination of occupancy, Occupant will deliver the Premises in the same condition less ordinary wear and tear. If the Premises are not returned in the same condition, an additional charge will be deducted from the security deposit. All dishes must be washed and put away and all trash taken out and put into the proper trash cans. The glass stove top must be cleaned and free of grease and food. Again, property is to be left in the same manner it was received. 4:00 pm 10:00 am
Fee charged by and paid to VRBO
Occupant acknowledges and agrees to all stipulations.
(Page 1 of 3) Occupant’s Initials (_________) (_________) ABSOLUTELY NO PARTIES / LOSS OF SECURITY DEPOSIT / $500 PER DAY-PER PERSON FEE ~ IF YOU’RE GOING TO THROW A PARTY OR ANY TYPE OF EVENT WITH MORE THAN THE REGISTERED GUESTS, PLEASE DON’T RENT THIS PROPERTY!
11. PETS: We are a pet friendly rental — pets are only allowed by prior authorization and with a pet fee. No pets are allowed unattended inside the house. If an unattended or unauthorized pet is on the Premises, (i) Occupant is responsible for all damages caused by the pet, (ii) Occupant, guests, unauthorized pet(s) and all others may be required to immediately leave the premises, or be removed from it, (iii) Occupant is in breach of this Agreement, and (iv) Occupant forfeits their rights and the return of any security deposit.
Please let us know before you sign the contract, if you plan on bringing a pet(s).
12. NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Occupant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from it, (iii) Occupant is in breach of this Agreement, and (iv) Occupant forfeits its right to return of any security deposit. If you smoke or any of the guests smoke (anywhere on the premise), do not rent this property if you are a smoker.
13. NSF CHECKS: If a check is returned NSF, Occupant shall pay $100 as an NSF fee. Occupant agrees that this charge represents a fair and reasonable estimate of the costs Owner may incur by reason of Occupant’s NSF payment. An NSF check will result in cancellation of this Agreement if the required payment is not made by the applicable Payment Due Date.
14. CONDITION OF PREMISES: If Occupant has not viewed the Premises prior to entering into this Agreement.
Occupant shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are disrepair. Reporting repairs does not give Occupant the right to cancel this Agreement, receive a refund of any payments made, or write a negative review. Do not move furniture.
15. UTILITIES: No telephone is available. Wi-Fi is not guaranteed as it is provided by outside vendor. NO AIR CONDITIONING!
16. RULES; REGULATIONS; NO COMMERCIAL USE: Occupant agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Occupant. Occupant shall not, and shall ensure that guests and licensees of Occupant shall not: (i) disturb, annoy, endanger, or interfere with other occupants of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial, wedding rehearsals, dinners, reception or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
17. MAINTENANCE: Occupant shall immediately notify Owner or Owner’s Representative of any problem, malfunction or damage. Occupant shall pay for all repairs or replacements caused by Occupant, guests, and licensees of Occupant, excluding ordinary wear and tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction, or damage in a timely manner. Occupant shall pay for the repair of drain blockages or stoppages unless caused by defective plumbing parts or tree roots invading sewer lines. Children should never touch any remote controls or station controls. Do not touch the Audio TV System. POOL & SPA: Occupant agrees to pay for all service and/or repair charges caused by them. Children should never touch controls for the pool/spa heating system and if adults accidentally drain the spa and need service, they are responsible for the charges — specific directions will be provided. If Occupant has any issues with any aspect of rental, Occupant agrees to contact the owner immediately after check-in by text or more importantly by Email.
18. ALTERATIONS: Occupant shall not make any alterations in or about the Premises including, but not limited, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials.
19. ENTRY:
A. Owner and Owner’s Representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Occupant has complied with the terms of this Agreement; or (iii) in case of emergency or parties.
B. Owner and Owner’s Representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, tenants, mortgagees, lenders, appraisers or contractors.
20. NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is sublet, (i) Occupant, Authorized Guests, Assignee(s), Sublessee(s) and all others may be required to immediately leave the Premises, or be removed from it; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return of any security deposit (iv) Occupant will be charged for each additional person(s) $500 per person, per day.
21. UNAVAILABILITY: If for any reason beyond the control of Owner or Owner’s Representative, the Premises is unavailable. Owner or Owner’s Representative may substitute a comparable unit or cancel this Agreement with a 14 day written or verbal notice and refund in full to Occupant all payments made if Guest chooses.
22. OCCUPANT’S OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy, Occupant shall: (i) give Owner all copies of all keys or opening devices to the Premises, including any common areas: (ii) vacate the Premises and surrender it to Owner empty of all persons; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Owner in the same condition less ordinary wear and tear as received upon arrival.
23. PERSONAL PROPERTY AND INJURY:
A. Owner Insurance: Occupant’s or guests’ property, including vehicles, are not insured by Owner against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner does not insure against personal injury to Occupant, guests or licensees due to any reason.
B. Occupant Insurance: Owner recommends that Occupant carry or obtain insurance to protect Occupant, guests and licensees and their personal property from any loss or damage and indemnify’s Owner of all liability while on the property.
C. Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner and Owner’s Representative from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant’s guests or licensees or their personal property.
Occupant acknowledges and agrees to all stipulations.
(Page 2 of 3) Occupant’s Initials (_________) (_________) ABSOLUTELY NO PARTIES / LOSS OF SECURITY DEPOSIT / $500 PER DAY-PER PERSON ~ IF YOU’RE GOING TO THROW A PARTY OR ANY TYPE OF EVENT WITH MORE THAN THE REGISTERED GUESTS, PLEASE DON’T RENT THIS PROPERTY!
24. DATA BASE DISCLOSURE: NOTICE: The California Department of Justice, Sheriff’s Departments, Police Department serving jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood.
25. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Occupant, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually.
26. TRANSIENT OCCUPANCY: Occupant is renting the Premises as a transient lodger for the number of days specified in paragraph three (3) from Owner who retains full legal, possessory and access rights; and has all residents rights.
27. KEYS; LOCKS: Upon arrival, Occupant will receive: x ______ key(s) to Premises Occupant acknowledges that locks to the Premises have x have not been re-keyed. If Occupant re-keys existing locks or opening devices, Occupant shall immediately deliver copies of all keys to Owner or Owner’s Representative. Occupant shall pay all costs and charges related to loss of any keys or opening devices. Occupant may not remove locks, even if installed by Occupant.
28. POOL HEATING: We can never guarantee the pool heating and movable parts for pumps, if the pool heater pump stops, you will be reimbursed per day the cost you paid for heating the pool. You agree if this happens, you will not write a bad review because of an act of God.
29. BACK HILL/CONSTRUCTION ZONE: This area is and has always been forbidden due to a combination of rattlesnakes and the new construction. This area is extremely dangerous — with nails sticking out, loose construction, rattlesnakes, and mountain lions. (Our experiences with children, they have the most curious minds and must be informed by the parents of how STRICT the rules are.) Again, this area is very dangerous and is completely prohibited. The boundaries are very simple, obvious and well designated with signage that is more than adamant: NO ENTRANCE. It’s one of our House Rules — if you break this house rule you lose your deposit — we want to be very up-front and very candid about this rule. This property has its own separate address and is private property with a neighbor partnership.
30. QUIET TIME BEGINS AT 8:00 PM: Code enforcement or Sheriff response to property - If neighbors complain, there will be a $1000 fine. Your group will be asked to leave the property. This is an upscale neighborhood the City has taken a no-tolerance position on noise control.
31. Owner will secure two closets, office and garage with personal property. Some light work will be performed around property during tenant stay, such as landscaping and painting. The North side of the house and back half-acre is Care Takers and not accessible to Occupant. Occupant agrees to not enter these areas. These areas are inhabited by wildlife, rodents, snakes, etc. that does not constitute termination of this contract. The owner has the right to enter the main residence if more people than are contracted are inside the owners residence/property. There is absolutely no receptions, parties or events allowed on these premises. In the event such behavior and breach of this contract occurs, owner will, accompanied with Sheriff, will ask the occupants to vacate the property immediately and owner will immediately reside in the master bedroom.
32. ENTIRE FULLY INTEGRATED CONTRACT: This contract supersedes all prior written or verbal agreements between Owner and Occupant, this document constitutes the entire contract. It is intended as a final expression of the parties’ agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement. This contract supersedes all other written or oral agreements preceding this fully integrated signed document and contract.
33. REVIEW CLAUSE: We are a beck and call type of Host for over 20 years — by signing this contract, you agree to inform us in writing or by email of any issues you have with the home within the first two nights of your arrival. Occupant agrees not to write a bad review due to any mechanical problems with appliances, spa/pool heater, washer or dryer heater, electrical outages in the area, etc. NO negative reviews of any type — If breach of this clause occurs, you will forfeit your deposit and be subject up to $25,000 liability in damages to owner. If you write a bad review, you agree to remove it from all platforms.
34. SECURITY SYSTEM: If you alter or touch our security system, you will forfeit your Security Deposit, plus any damages done to the equipment. If you or anyone in your group goes on the property roof or on the back lot of the property you will lose your security deposit.
35. OTHER TERMS AND CONDITIONS, including ATTACHED SUPPLEMENTS:
x Liability Release Form (Must be signed and submitted for each person and child.) CREDIT CARD # _____________________________________________ EXP. ________ CVC _______ ZIP _________ OCCUPANT __________________________ SIGNATURE ________________________________ DATE ___________ ADDRESS ___________________________________ CITY ____________________ STATE ______ ZIP ____________ TELEPHONE ______________________________________ EMAIL ________________________________________ DRIVER’S LICENSE # _____________________________ (Mandatory ~ must submit a copy of your license with contract) For more information regarding the Premises or this Agreement, contact Owner x Owner Representative NAME: ____________________________________DATE __________________ ADDRESS: _________________________________ CITY: _____________________ STATE: ______ ZIP: ____________ TELEPHONE: _________________ EMAIL: ___________________________ (2)
P.O BOX 1085 SAN CLEMENTE CA 92674
(949) 498-0705
BRADLEY WRIGHT
[email protected]
Occupant acknowledges and agrees to all stipulations.
(Page 3 of 3) Occupant’s Initials (_________) (_________) ABSOLUTELY NO PARTIES / LOSS OF SECURITY DEPOSIT / $500 PER DAY-PER PERSON ~ IF YOU’RE GOING TO THROW A PARTY OR ANY TYPE OF EVENT WITH MORE THAN THE REGISTERED GUESTS, PLEASE DON’T RENT THIS PROPERTY! You don't often get email from . Learn why this is important From: PAUL ODDEN
Sent: Monday, June 16, 2025 1:37 PM
To: Cabral, Victor <[email protected]>; Knoblock, Steve <[email protected]>; [email protected]; Loeffler, Rick <[email protected]>; Wu, Zhen <wuz@sanclemente.org>; CityClerk Mail <[email protected]> Subject: Vacation Rentals
To San Clemente Council Members,
It has come to my attention that the council is considering a ban on Vacation Rentals in San Clemente.
As a long time Vacation Rental person to the city of San Clemente, I strongly urge you to vote against this proposal.
I have been coming to San Clemente for several years now with a group (7-8) of my buddies from college for an annual reunion. We have come to enjoy not only the location but also all the amenities San Clemente has to offer, restaurants fishing, golf just to name a few.
In addition, many in my group have regularly brought their family and/or friends here for special occasions or special events in the area or just a vacation.
Vacation rentals offers us a more economical and convenient way to be together than hotels or smaller condominiums.
As I mentioned earlier, the city has so much to offer without having to leave town. restaurants, fishing, golf and shopping for the wife's just to name a few. I would think this adds a substantial amount of revenue to the local businesses since most vacation renters stay 5-7 days.
For these reasons, San Clemente has remained a favorable location for our gatherings. If this is taken away we will have to consider other local locations such as Dana Point or Oceanside who do offer Vacation Rentals and have similar amenities.
Sincerely,
Paul Odden
Some people who received this message don't often get email from . Learn why this is important
From: Paris Riley
Sent: Monday, June 16, 2025 12:40 PM
To: Cabral, Victor <[email protected]>; Knoblock, Steve <[email protected]>; [email protected]; Loeffler, Rick <[email protected]>; Wu, Zhen <wuz@sanclemente.org>; CityClerk Mail <[email protected]> Subject: Please keep single-family home rentals in San Clemente Dear Mayor Knoblock, Mayor Pro Tem Enmeier, Councilmember Cabral, Councilmember Loeffler, and Councilmember Wu:
I'm writing to you today as a San Clemente homeowner deeply concerned about the future of single-family home rentals in our city. My parents, who are long-time residents, rely significantly on the income from their VRBO/Airbnb to support themselves.
Renting out our home has been a truly rewarding experience. We've loved welcoming visitors to San Clemente and sharing all that our wonderful community has to offer. These rentals also provide a crucial option for tourists and families who prefer the comfort and amenities of a home over a hotel, directly benefiting our local businesses.
I respectfully urge the Council to maintain clear regulations and quality controls that support the continued operation of single-family rentals. Protecting these options is not just about supporting homeowners like my parents; it's about preserving a vital part of our local economy and continuing to welcome visitors who contribute so much to San Clemente.
Sincerely,
Paris Riley
San Clemente Enthusiast and Homeowner
From:
To: Knoblock, Steve; Cabral, Victor; Enmeier, Mark; Loeffler, Rick; Wu, Zhen Cc: Hall, Andy; Atamian, Adam; ;
Subject: Support for Item 10A: Protect Neighborhoods, Welcome Responsible Tourism Date: Sunday, June 15, 2025 8:02:50 PM
Dear San Clemente City Council,
I’m writing to express my strong support for the amortization/expiration of short-term lodging units (STLUs) in residential neighborhoods. While it’s true this may reduce some tax revenue, protecting the integrity of our single-family neighborhoods is FAR MORE important. In Southwest San Clemente, we’ve seen time and again that businesses are eager to profit in areas meant for families and long-term residents. We’re simply asking the City to stand by the zoning laws that are already in place.
On the flip side, I also fully support the proposed hotel projects at the Outlets and on Del Mar. San Clemente is long overdue for a couple of thoughtfully designed, high-quality hotels. Most of our existing options are older and in need of major upgrades. These two projects are responsibly located, appropriately zoned, and bring a welcome alternative to STLUs in residential areas. They’ll provide a boost in TOT revenue and add real value, especially with the 2028 Olympics putting San Clemente on the world stage as the host of surfing events.
This is a chance for us to strike a smart, much-needed balance: keeping our neighborhoods livable and family-friendly, while still embracing tourism in the right places and in the right ways.
I support the staff recommendation on Item 10A and urge a YES vote.
Sincerely,
Sarah Schneider
Founder, Southwest San Clemente Alliance
From: Jodi Dewey
Sent: Sunday, June 15, 2025 8:31 PM
To: Knoblock, Steve <[email protected]>; Enmeier, Mark <EnmeierM@sanclemente.org>; Wu, Zhen <[email protected]>; Cabral, Victor <[email protected]>; Loeffler, Rick <[email protected]>; Hall, Andy <[email protected]> Subject: Support for Item 10A: Protect Neighborhoods, Welcome Responsible Tourism Subject: Support for Item 10A: Protect Neighborhoods, Welcome Responsible Tourism Dear San Clemente City Council,
I’m writing to express my strong support for the amortization/expiration of short-term lodging units (STLUs) in residential neighborhoods. While it’s true this may reduce some tax revenue, protecting the integrity of our single-family neighborhoods is far more important. In Southwest San Clemente, we’ve seen time and again that businesses are eager to profit in areas meant for families and longterm residents. We’re simply asking the City to stand by the zoning laws that are already in place.
On the flip side, I also fully support the proposed hotel projects at the Outlets and on Del Mar. San Clemente is long overdue for a couple of thoughtfully designed, high-quality hotels. Most of our existing options are older and in need of major upgrades. These two projects are responsibly located, appropriately zoned, and bring a welcome alternative to STLUs in residential areas. They’ll provide a boost in TOT revenue and add real value, especially with the 2028 Olympics putting San Clemente on the world stage as the host of surfing events.
This is a chance for us to strike a smart, much-needed balance: keeping our neighborhoods livable and family-friendly, while still embracing tourism in the right places and in the right ways.
I support the staff recommendation on Item 10A and urge a YES vote.
Sincerely,
Jodi and Brian Dewey
Southwest San Clemente Alliance
Sent from Yahoo Mail for iPhone
From: Negin Aminian
Sent: Monday, June 16, 2025 2:15 PM
To: Cabral, Victor <[email protected]>; Knoblock, Steve <[email protected]>; [email protected]; Loeffler, Rick <[email protected]>; Wu, Zhen <wuz@sanclemente.org>; CityClerk Mail <[email protected]> Subject: Writing about single-family home rentals in San Clemente Some people who received this message don't often get email from .
Learn why this is important
Dear Mayor Knoblock, Mayor Pro Tem Enmeier, Councilmember Cabral, Councilmember Loeffler, and Councilmember Wu:
As a California resident who frequently visits San Clemente, I'm writing to express my concern about the decreasing availability of single-family home rentals (like those on VRBO/Airbnb) for family vacations. These rentals offer the space, privacy, and full kitchen that hotels simply can't, and they're essential for our cherished San Clemente getaways. This experience is part of the reason we return to San Clemente time and time again.
Without these options, my family will be forced to seek accommodations elsewhere, directly impacting local small businesses that we support during our visits.
I respectfully ask the Council to maintain strict quality controls for single-family rentals and ensure their continued availability. By doing so, you ensure that San Clemente remains a welcoming destination for families, and you help sustain the vibrant local economy that makes your city so special.
Sincerely,
Negin Aminian
California Resident and Frequent San Clemente Visitor
Some people who received this message don't often get email from . Learn why this is important
From: Analis Martin
Sent: Monday, June 16, 2025 10:40 PM
To: Cabral, Victor <[email protected]>; Knoblock, Steve <[email protected]>; Loeffler, Rick <[email protected]>; Wu, Zhen <[email protected]>; CityClerk Mail <[email protected]>
Subject: California Resident and Frequent San Clemente Visitor mber
Loeffler, and Councilmember Wu:
As a California resident who frequently visits San Clemente, I'm writing to express my concern about the decreasing availability of single-family home rentals (like those on VRBO/Airbnb) for family vacations. These rentals offer the space, privacy, and full kitchen that hotels simply can't, and they're essential for our cherished San Clemente getaways.
Without these options, my family will be forced to seek accommodations elsewhere, directly impacting local small businesses that we support during our visits.
I respectfully ask the Council to maintain strict quality controls for single-family rentals and ensure their continued availability. By doing so, you'll help families like mine keep visiting San Clemente and support our wonderful local economy.
Sincerely,
Analis,
California Resident and Frequent San Clemente Visitor
Some people who received this message don't often get email from [email protected]. Learn why this is important
From: Amber Villavicencio <[email protected]>
Sent: Tuesday, June 17, 2025 8:45 AM
To: Cabral, Victor <[email protected]>; Knoblock, Steve <[email protected]>; Loeffler, Rick <[email protected]>; Wu, Zhen <[email protected]>; CityClerk Mail <[email protected]>
Subject: Single-Family home rentals
Dear Mayor Knoblock, Mayor Pro Tem Enmeier, Councilmember Cabral, Councilmember Loeffler, and Councilmember Wu:
As a California resident who frequently visits San Clemente and as a business owner who often hosts out of town clients, I'm writing to express my concern about the decreasing availability of single-family home rentals (like those on VRBO/Airbnb) for family vacations. These rentals offer the space, privacy, and full kitchen that hotels simply can't, and they're essential for our cherished San Clemente getaways. Our out-of-town clients often come back to visit San Clemente with they're family and friends.
Without these options, my family and company will be forced to seek accommodations elsewhere, directly impacting local small businesses that we support during our visits.
I respectfully ask the Council to maintain strict quality controls for single-family rentals and ensure their continued availability. By doing so, you'll help families like mine keep visiting San Clemente and support our wonderful local economy.
Sincerely,
Amber Villavicencio
California Resident and Frequent San Clemente Visitor
Best Regards,
Amber Villavicencio | Vilden Associates, Inc. | Phone: 562.513.5642 | Fax: 562.997.7200 | [email protected]
From: Carter Redish
Sent: Monday, June 16, 2025 9:18 AM
To: Cabral, Victor <[email protected]>; Enmeier, Mark <[email protected]>; Knoblock, Steve <[email protected]>; Loeffler, Rick <[email protected]>; Wu, Zhen <[email protected]>; Hall, Andy <[email protected]> Subject: RE: Support for Item 10A: Protect Neighborhoods, Welcome Responsible Tourism Dear San Clemente City Council,
I’m writing to express my strong support for the amortization/expiration of short-term lodging units (STLUs) in residential neighborhoods. While it’s true this may reduce some tax revenue, protecting the integrity of our single-family neighborhoods is far more important. In Southwest San Clemente, we’ve seen time and again that businesses are eager to profit in areas meant for families and long-term residents. We’re simply asking the City to stand by the zoning laws that are already in place.
On the flip side, I also fully support the proposed hotel projects at the Outlets and on Del Mar. San Clemente is long overdue for a couple of thoughtfully designed, high-quality hotels. Most of our existing options are older and in need of major upgrades. These two projects are responsibly located, appropriately zoned, and bring a welcome alternative to STLUs in residential areas. They’ll provide a boost in TOT revenue and add real value, especially with the 2028 Olympics putting San Clemente on the world stage as the host of surfing events.
This is a chance for us to strike a smart, much-needed balance: keeping our neighborhoods livable and family-friendly, while still embracing tourism in the right places and in the right ways.
I support the staff recommendation on Item 10A and urge a YES vote.
Sincerely,
Southwest San Clemente Alliance
Carter & Kathrine Redish
1 From: Darrel Calipo
Sent: Tuesday, June 17, 2025 4:36 PM
To: [email protected]; Loeffler, Rick; Wu, Zhen; CityClerk Mail; Cabral, Victor; Knoblock, Steve
Subject: Agenda Item - San Clemente Short-Term Rental
Attachments: City of San Clemente Ltr - 06.16.2025.pdf
Please see the attached letter regarding Short-Term Rentals.
Sincerely,
Darrel and Kim Calipo
Some people who received this message don't often get email from Learn why this is important
Visit our website: westernwhitehousesc.com
Bradley Wright
Founder/Publisher
(949) 498-0705
southcoastmagazine.com
westernwithousesc.com
31879
Rick A. Varner
Attorney at Law
Shields Law Offices
1920 Main Street
Suite 980
Irvine, California 92614 Tel. (949) 724-7900
Fax (949) 724-7905
December 16, 2024
Gayle Palmer
Carlsbad Unified School District
Dear Ms. Palmer,
I write this letter in support of and as my personal recommendation of Brad Wright, Brad has been an ardent supporter of children’s education for as long as I have known him and would be an outstanding addition to any faculty.
I first met Brad shortly after I was admitted as an attorney to the California Bar in 1992. At the time, he was serving as a member of the CUSD Foundation - a 501c3 organized by private individuals to support teachers and students in the Capistrano Unified School District with grants, scholarships and school funding for technology improvements, computers and music and art programs. At the time, we understood CUSD to be the fourth or fifth largest school district in California and the fastest growing in the State. Brad invited me to become involved and eventually Brad served as President of the CUSD Foundation and I served as Vice President and then succeeded him as President. In all, we each served for six years on the Board of Directors, with many dedicated women and men from the local business community.
Brad’s leadership, vision and dedication to helping support and improve education in the CUSD was both exemplary and inspiring as the foundation raised funds and executed its mission “We do it for the Children”. He was instrumental in forming important partnerships in the community, including with former Los Angeles Laker star Byron Scott and his foundation The Byron Scott Challenge for Children.
I have known Brad now for more than 32 years. I know of his dedication to children, including his own, as well as his dedication to the communities in which he has lived and worked. I give him my highest recommendation and know that he will be a valuable asset to any school district or organization.
Sincerely,
Rick A. Varner
Rick A. Varner
December 18, 2024
Gayle Palmer
Carlsbad Unified School District
Dear Ms. Palmer:
I am writing to highly recommend my dear friend, Brad Wright for a substitute teaching position. I have had the privilege of knowing Brad since we graduated from California Lutheran University, and I am confident that he would be an outstanding addition to your team.
Throughout our friendship, I have consistently been impressed by Brad’s passion for education and his dedication to students, and his exceptional teaching abilities. He possesses a natural talent for communicating complex concepts in an engaging and accessible way, ensuring that every student feels supported and motivated to learn.
Brad is incredibly organized and has a strong understanding of the middle school and high school levels, which would make him a tremendous asset in the classroom.
In addition to his teaching expertise, Brad is also a compassionate and empathetic individual, always taking the time to understand the needs of students both academically and emotionally. His ability to build rapport with students and create a positive, inclusive classroom environment sets him apart from other educators.
Brad will bring his enthusiasm, commitment, and expertise to the Carlsbad Unified School District. He would be a wonderful addition to your faculty, and I wholeheartedly endorse his application.
I have been a high school teacher for 30 plus years and coached the basketball program at Simi Valley High School, where I worked with many teachers, mentors and other coaches. I can confidently say there is no one more dedicated, committed, and enthusiastic to join your school district.
If you have any further questions or would like more information, please feel free to contact me at 805 404-4517 or via email at
Respectfully,
Dean Bradshaw
You don't often get email from Learn why this is important From: sbaine1
Sent: Monday, June 16, 2025 9:22 AM
To: Hall, Andy <[email protected]>
Subject: Subject: Support for Item 10A: Protect Neighborhoods, Welcome Responsible Tourism Dear San Clemente City Council,
I’m writing to express my strong support for the amortization/expiration of short-term lodging units (STLUs) in residential neighborhoods. While it’s true this may reduce some tax revenue, protecting the integrity of our single-family neighborhoods is far more important. In Southwest San Clemente, we’ve seen time and again that businesses are eager to profit in areas meant for families and longterm residents. We’re simply asking the City to stand by the zoning laws that are already in place.
On the flip side, I also fully support the proposed hotel projects at the Outlets and on Del Mar. San Clemente is long overdue for a couple of thoughtfully designed, high-quality hotels. Most of our existing options are older and in need of major upgrades. These two projects are responsibly located, appropriately zoned, and bring a welcome alternative to STLUs in residential areas. They’ll provide a boost in TOT revenue and add real value, especially with the 2028 Olympics putting San Clemente on the world stage as the host of surfing events.
This is a chance for us to strike a smart, much-needed balance: keeping our neighborhoods livable and family-friendly, while still embracing tourism in the right places and in the right ways.
I support the staff recommendation on Item 10A and urge a YES vote.
Sincerely,
Shannon Baine
Southwest San Clemente Alliance
Sent from Yahoo Mail for iPhone
You don't often get email from . Learn why this is important From: JJ Resnick
Sent: Friday, June 13, 2025 2:00 PM
To: CityClerk Mail <[email protected]>
Subject: Template of a renter
Dear Mayor Knoblock, Mayor Pro Mark Enmeier, Councilmember Cabral, Councilmember Loeffler, and Councilmember Wu:
I’m writing as a family that has rented a single‐family home in San Clemente every Christmas, Thanksgiving, and summer vacation for the past several years. These stays have become our most cherished tradition—cooking holiday meals together in a full kitchen, sharing stories by the fireplace, and watching our kids play on the lawn. But this year, we’re deeply concerned we may not find a suitable place to stay.
Hotels aren’t an option. Booking four or more standard hotel rooms is prohibitively expensive—often two to three times the cost of renting one house —and still leaves us split across cramped spaces with no common living or dining area. Sharing corridors and lobbies with strangers simply isn’t the family experience we’ve come to expect.
Condominiums and STAR units fall short. Scattered condo units lack the privacy and cohesive space we need. Kitchenettes are too small for a holiday feast, and shared walls mean we can’t let our children play freely.
Single‐family rentals are essential. Only a standalone home provides bedrooms grouped together, a dining table large enough for everyone, and a living room where we can reconnect. It truly feels like a “home away from home,” allowing our extended family to gather under one roof.
If San Clemente cannot preserve and expand its permitting for single‐family short‐term leases, we will be forced to seek holiday accommodations in other communities—or even other states—where our traditions can continue uninterrupted. That would be heartbreaking for our family and would strip local businesses of the seasonal revenue our visits bring.
Please consider the following steps to ensure visiting families like ours can keep making memories here:
Maintain quality controls to guarantee every rental remains clean, safe, and family‐friendly.
Thank you for your attention to this matter. By supporting single‐family short‐term leasing, you’ll help countless families—including ours—continue to celebrate life’s milestones in San Clemente for years to come.
Sincerely,
JJ Resnick
Visiting Guest and Holiday Renter
Some people who received this message don't often get email from Learn why this is important
From: Julianna Stewart
Sent: Monday, June 16, 2025 1:10 PM
To: Cabral, Victor <[email protected]>; Knoblock, Steve <[email protected]>; [email protected]; Loeffler, Rick <[email protected]>; Wu, Zhen <wuz@sanclemente.org>; CityClerk Mail <[email protected]> Subject: Single-Family Home Rentals - San Clemente
Dear Mayor Knoblock, Mayor Pro Tem Enmeier, Councilmember Cabral, Councilmember Loeffler, and Councilmember Wu:
As a California resident who frequently visits San Clemente, I'm writing to express my concern about the decreasing availability of single-family home rentals (like those on VRBO/Airbnb) for family vacations. These rentals offer the space, privacy, and full kitchen that hotels simply can't, and they're essential for our cherished San Clemente getaways.
Without these options, my family will be forced to seek accommodations elsewhere, directly impacting local small businesses that we support during our visits.
I respectfully ask the Council to maintain strict quality controls for single-family rentals and ensure their continued availability. By doing so, you'll help families like mine keep visiting San Clemente and support our wonderful local economy.
Sincerely,
Julianna Stewart
From: Bradley Wright <[email protected]>
Sent: Tuesday, June 17, 2025 1:15 AM
To: Cabral, Victor <[email protected]>; Knoblock, Steve <[email protected]>; [email protected]; Loeffler, Rick <[email protected]>; Wu, Zhen <wuz@sanclemente.org>; CityClerk Mail <[email protected]> Subject: STLU THE TRUTH ALWAYS PREVAILS
Some people who received this message don't often get email from [email protected]. Learn why this is important I'll save most of my words for tomorrow night. However, I will say it was disheartening to see your chamber emotionally bum-rushed with
sensationalism, theatricality, hysteria, and an accusatory demeanor that lacked any professionalism.
Wayne and I have always worked well together and enjoyed each other's social company when we engaged.
South Coast Magazine and several of our other regional magazines, donated space to Wayne on many occasions for the Marine Monument. To hear him use the analogy my home is like living across from a drug rehab home just astonished me. Probably one of the most horrible analogies I've ever witnessed anybody make for the effect of disgusting shock. Poorly done.
Then, for Kathy to keep referring to me as the greedy guy up on the hill, she knows exactly who I am.
We will have some questions for Matthew's fabricated, unsubstantiated claims.
Then to hear them threaten you folks on future voting items if they didn't get their way, and for Kathy to tell you how to administrate and erase what had been a 4-1 in favor of continuing short-term vacation rentals. Also, to further say I had agreed to this ending....if they can produce any document I signed or any way, where I was involved in any kind of a settlement, I'd be very interested to see such evidence. I wasn't involved, but when I did hear the news, it was represented to me that it would be reviewed/revisited in eight years. And it was.
Resulting in a 4-1 vote by the council on May 20th.
Matthews' theatrical charade, "on the shoulders of those who came before you" is not how it works. At every level of government, city, county, state, and federal, the new administrations have the choice to change things.
Executive order perfect example. This is not Water polo!! Visit our website: westernwhitehousesc.com
Bradley Wright
Founder/Publisher
(949) 498-0705
southcoastmagazine.com
westernwithousesc.com
WHITEHOUSE • SAN CLEMENTE
THE SPANISH VILLAGE BY THE SEA
The laid-back town of San Clemente is known for its majestic beaches, sunsets, and a lot more amazing things One of the best places to enjoy the most of what the city brings is visiting the San Clemente Pier. It’s where most locals and guests spend their free time to relax and unwind. This golden spot is an icon the city where you can dine under blue skies or watch as the sun kisses the horizon. Walk along and immerse yourself in the beauty around you in this 1,296 feet wooden structure in SC.
Welcome
We are excited to host you and hope that you have a wonderful time during your visit.
Please let us know if there’s anything we can do to enhance your stay. In the mean time, here are some quick notes to get you started.
How to Reach Us - If there’s anything we can do to make your stay more enjoyable, please give us a call at (949) 498-0705.
Added Services - Perhaps these items might be helpful
• Beach Chairs / Beach Towels / Body Boards
• Portable Pack N’ Plays
Check-Out - Please assist us in making sure the property is secured by:
• Turning off the heat, lights and electronics
• Loading and running the dishwasher (please do not launder the linens) • Taking out any excess trash
• Closing and locking all the windows and doors
House Rules
Respect the Neighbors - We have made assurances to all the neighbors that our guests will treat this property and the neighborhood as if it were their own. Please ensure that you are adhering to the quiet hours of 8:00 pm to 9:00 am. Noise and nuisance violations will be reported and have severe consequences.
Maximum Occupancy - The maximum occupancy for this home was clearly stated in your contract. At no time are you to exceed the maximum occupancy even for guests that are not staying overnight (unless you have received advanced permission).
No Smoking - Smoking is prohibited at all times in the home.
Broken Items - We understand that things happen. If anything in the home breaks during your stay, please contact us so that we can ensure we promptly repair or replace.
Pool/Hot Tub - Please follow the instructions for all pool equipment to avoid any damages.
Thank you for choosing to stay with us on your vacation! WHITEHOUSE • SAN CLEMENTE
Housekeeping is
Preparing the Home for
Your Arrival.
Guests waiting out front is
bothersome to the neighbors.
Thank You, WW Team
In case you need to reach us during your stay,
please call AND text!
BRADLEY WRIGHT (949) 498-0705
COLBY WRIGHT (949) 307-1014
TANNER WRIGHT (949) 689-0590
KEVIN MacGILLIVRAY (949) 466-0072
LA TANYA BLANKENSHIP (949) 201-6785
(Security)
Internet Login: Jamesbond
Password: 9494980705
Thank you for choosing to stay with us on your vacation! TEAM
1st
2nd
3rd
4th
SAFETY ALERT: Rattlesnake
captured directly behind on the
back part of the property.
RATTLESNAKES
Do not venture beyond
the pool fence ... it’s
rattlesnake season and
very dangerous.
DANGER!
Do not go down the back hill, there are
mountain lions, bobcats, rattlesnakes, and
coyotes that inhabit the canyon.
Guests with Dogs
Supervise your dogs both walking and
out by the pool. Coyotes come up from
the canyon looking for small prey.
ORANGE COUNTY ORDINANCE:
All dogs must be on a leash
when off the property.
NO FIREWORKS
ALLOWED!
The use of all fireworks, including Safe & Sane fireworks, are strictly prohibited within city limits. The City of San Clemente will host its annual Independence Day
celebration for the community featuring a spectacular
fireworks display at 9 p.m. from the Municipal Pier.
Smoking and the consumption of alcohol is prohibited
on all City beaches, and NO dogs allowed.
Any questions or concerns call or text
Kevin MacGillivray at (949) 466-0072
Any complaints of surrounding properties
letting off fireworks please call or text
La Tanya Blankenship at (949) 201-6785
From the desk of
La Tanya Blankenship
NEIGHBOR COMPLAINT
Please do not hesitate to reach out for
excessive parking on your street.
All Vacation Rentals are allowed
three (3) cars only.
Any questions or complaints,
please call La Tanya at 949-201-6785
In case of a power
outage, flashlights
are located inside the
kitchen pantry. Please
put all flashlights
back after use.
Thank You WW Staff
POOL HOURS
STRICTLY ENFORCED
BY CITY
9:00 am till 8:00 pm
Thank You!
NO JUMPING
Absolutely no jumping
or diving off of the
water slide or stairs!
POOL IS SHALLOW!
To our Wonderful Guests
These chlorinators are intricate for our pool
maintenance and to avoid algae! Please don’t allow
children or adults to play with or touch them.
The chlorinators can cause serious eye
and skin injury.
Thank You - WW Team
POOL
CLEANING ON
FRIDAYS
Please vacate the pool when the pool
person arrives and wait 30 minutes after
he’s finished to re-enter the pool.
(During the summer ...
he may clean twice a week)
NO PARTIES OR
EVENTS!
Absolutely no parties or events
allowed on the premises — a
maximum of three (3) cars only. Failure
to adhere to these rules, will result in
immediate removal from the property.
(Only guests listed on the rental agreement will be allowed on the property — No other guests may enter the property, all guests must be the same for the entire stay.)
Any questions or concerns
call or text
Bradley Wright at (949) 498-0705
WHITEHOUSE • SAN CLEMENTE
While you’re on
vacation our neighbors
are not ... please be
respectful of noise.
Quiet Time Front Yard 7 pm to 9 am
Thank You WW
Vacation Rentals Noise Ordinance
Remind your guests to review the house rules
Communities are worried that disruptive house parties might take place in their neighborhood. While these events rarely occur at VRBO properties, we recommend talking with this guest to make sure they understand your house rules and the VRBO policy on house parties.
These tips may help reduce the possibility of disruptive events at your rental:
Review this booking
Remind this guest to review your house rules and that disruptive parties are not allowed.
You may also want to let them know about applicable public health limitations on group gatherings. If you need to, you can cancel this booking in your conversation without penalty.
Establish a relationship with your neighbors
Make sure that neighbors have your contact information so they can share issues with you directly.
Consider a noise-monitoring device from NoiseAware
You can remotely monitor your properties and respect guests’ privacy by using a noise-monitoring device. VRBO offers exclusive discounts on devices and monitoring subscriptions.
Guests must be notified in advance of noise-monitoring devices.
Follow local regulations
Your area may not allow one-night bookings or gatherings above a certain number of guests. Make sure that your property and any guests follow the regulations in your area.
Tell us about misconduct
If guests act inappropriately, including hosting a house party, let us know. Contact us if you need assistance or wish to submit a complaint. In case of emergency, contact local emergency services.
Thank you for helping friends and loved ones travel better together.
Please Recycle,
for a better
tomorrow!
Thank You WW Staff
GUEST FEEDBACK & REVIEW
Thank you for choosing the Western Whitehouse for your stay in San Clemente.
Your assistance in completing this form is greatly appreciated. Your honest feedback will help us improve our property and the accommodations for upcoming guests.
GUEST NAME __________________________________ RESERVATION DATE How did you hear about us? _________________________________________________________ Why did you choose us? ____________________________________________________________ HOW WOULD YOU RATE US:
1. Cleanliness of Property
2. Bedding & Towels
3. Kitchen Accessories
4. Amenities Offered
5. The Property’s View
6. The Properties Pool
7. The Properties Neighborhood
8. Response Time from the Property Manager
9. Ease of Checking In/Out
What would you add to this property to make your experience more pleasurable? _______________ ________________________________________________________________________________ What if anything would you take away from this property as far as not being necessary? _________ ________________________________________________________________________________ Would you recommend us? _________________________________________________________ Let us know what made your trip special? ______________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
POOR FAIR GOOD EXCELLENT
CONTACT US
The laid-back town of San Clemente is known
for its majestic beaches, sunsets, and a lot more
amazing things One of the best places to enjoy
the most of what the city brings is visiting the San
Clemente Pier. It’s where most locals and guests
spend their free time to relax and unwind. This
golden spot is an icon the city where you can
dine under blue skies or watch as the sun kisses
the horizon. Walk along and immerse yourself in
the beauty around you in this 1,296 feet wooden
structure in SC.
www.sanclementeguide.com
Family Time
WHERE THE LOCALS GO
Spanish
Village
BY THE SEA
CONTACT US
In addition to its world renowned beaches and golf,
San Clemente has 5 major trail networks detailed
below, spanning the City from the beach, to the
canyons, and along the ridgelines. These trails have
been designed to provide a safe walking, hiking and
riding experience while maintaining San Clemente’s
coastal rural environment. Be advised, deer, coyote,
and bobcats are common as is a full compliment of
local and seasonal bird life.
www.san-clemente.org
(949) 361-8264
Bikes & Dogs Welcome
CONTACT US
T-STREET: T-Street is the quintessential “Endless
Summer” California beach hangout offering
everything you need to enjoy a day in the sun.
(kid friendly)
TRESTLES: Located a few miles north of San
Clemente, Lower Trestles is a surfers’ paradise. If
you had to take a wave peak to heaven, this would
be it.
www.californiabeaches.com
Locals Favorites
BEST SURFING BEACHES IN SOUTHERN CALIFORNIA
THE PIER: San Clemente
Pier Beach is the main city
beach of San Clemente.
The beach has a wide
sandy spot on both sides
of the pier and is a nice
setting with palm trees and
grassy areas near the pier
entrance. (kid friendly)
CONTACT US
Shop big brands at deep blue discounts in a
stunning, Spanish-style village overlooking the
Pacific Ocean in Southern California. Orange
County’s first and only coastal outlet shopping
experience, conveniently situated between Los
Angeles and San Diego. Plus, the Metropolian
Theater, complete with stadium seating, reserved
seating, and advance ticketing.
www.outletsatsanclemente.com
(949) 535-2323
101 W Avenida Vista Hermosa • San Clemente
Shopping & Dining
A BEAUTIFUL WAY TO SHOP, DINE, BE ENTERTAINED
Special
Events
ALL YEAR ROUND
The Amtrak Pacific Surfliner route hugs the
majestic California coastline to top destinations
in San Diego, Orange, Los Angeles, Ventura,
Santa Barbara, and San Luis Obispo counties.
Along with business and vacation travelers, cyclists and surfers are welcome on board with bikes and boards. Cruise by sparkling beaches
and rolling hills as you travel to beloved surf
cities, vibrant downtowns, and renowned wine
countries. Let us take you to SoCal’s most
inviting and inspired communities.
www.pacificsurfliner.com
All Aboard
MAJESTIC CALIFORNIA COASTLINE
Explore the
SoCal Coast
BY TRAIN
Incredible fresh fruits and vegetables, baked
goods, cheeses, sausages, smoked meats,
nuts, dired fruit, old fashioned popcon, jellies,
honeys, and jams and other delectable goodies at the Old Town San Clemente Farmer’s Market. All Farmers bring local porduce,
meats, cheases, fish and other are “the real
LOCAL thing,” where genuine farmers sell their
crops directly to the public. Food demonstration tables where you can try various recipies and learn how to cook, blend, stir, mix up
something incredible and a garden technolgy
gardening section where they sell hydroponics
and upside down vegitable gardens.
www.farmersmarketsanclemente.com
Farm to Table
OLD TOWN SAN CLEMENTE
From farm to
You!
HEALTHY = HAPPY!
300-Foot Slip ‘N Slide • Kids Zone Games
& Activities • Laser Tag
75-Ft Obstacle Course & Inflatables
Military Vehicle Display • Live Music
Food Trucks • Beer Garden
LINDA LANE PARK
Concerts on the
Beach
THURSDAYS • 6:00 PM to SUNSET
7/10 ~ TUNNEL VISION
7/17 ~ KELLY BOYZ
7/24 ~ WIGS & TIES (Linda Lane)
7/31 ~ FAMILY STYLE
8/14 ~ WHEELAND BROTHERS
SAN CLEMENTE PIER • CALIFORNIA
S tars, S tripes &
Slip ‘n Slide
FRIDAY, JULY 4 • 10:00 AM to 2:00 PM
CONTACT US
Cinco de Mayo
Fiesta
SATURDAY, MAY 3 • 2:00-6:00 PM
Celebrate Cinco de Mayo at Max Berg
Plaza Park with live music, food, drinks and
a whole lot of fun for the whole family.
MAX BERG PLAZA PARK
1100 CALLE PUENTE
SAN CLEMENTE • CALIFORNIA
FRESH SEAFOOD SINCE 1981
The creation of the Fisherman’s Restaurant and
Bar concept is meant to reflect the style of family
dining featuring Pacific Northwest Seafood.
www.thefishermansrestaurantsanclemente.com
EXPERIENCE THE HEART OF PIZZA
AMERICANA AT PARLOR
All of the pizzas, pastas, salads and signature
plates are made from scratch, starting with
fresh, local, high quality ingredients prepared
daily. Their sauce is made with hand crushed
tomatoes grown in California.
www.parlorsanclemente.com
Parlor
CONTACT US
Fisherman’s Restaurant
BEST MEXICAN RESTAURANT IN TOWN
It began inside a 17-foot food truck with the burning
desire to change the way guests perceived food
truck cuisine to be. Believing Mexican food should
be MORE! Sol Agave serves more complex,
modern, enjoyable and healthier for your body.
www.solagave.com
Sol Agave
OPEN TABLE & SEMI-PRIVATE DINING
Vine is an all-encompassing Wine Country dining experience, a full bar, featuring craft cocktails, It offers South Orange County residents a fine dining night out with a
complete food and wine experience.
www.vinesanclemente.com
CLASSIC AMERICAN COMFORT FOOD
Nick’s is dedicated to perfecting the dining experience through continuous innovation, offering the highest quality food and beverage, and executing impeccable standards of hospitality.
www.nicksrestaurants.com/nicks/
Nick’s
CONTACT US
The Vine
VINTAGE UPSCALE DINING
A modern dining aesthetic, featuring our signature
style of wood-fired, Santa Maria style-grilling for
meats, alongside sustainably-sourced seafoods,
and a progressive cocktail program.
www.raresociety.com/san-clemente
Rare Society
MEXICAN FOOD + BAR
This popular downtown eatery serves creative
and traditional Mexican dishes in a
hacienda-style location. The guacamole and
queso fundido are a must have.
www.nicksrestaurants.com/southofnicks/san-clemente/
WINE, MUSIC, GREAT FOOD + A COFFEE BAR
YES, HEAVEN IS REAL.
Offering customers a wide selection of perfectly
ripe cheeses in a friendly environment that will
entice both a novice and veteran cheese lover.
Serving farmhouse cheeses as well as carefully
selected European and international varieties.
www.thecellarsite.com
The Cellar
CONTACT US
South of Nick’s
LIVE THE BUONA LIFE
Experience Italian wood-fired pizzas with
perfectly soft-yet-crispy crusts Handmade
pasta dishes bursting with rich flavors, fresh
seafood specialties, and decadent desserts will
all leave you craving more.
www.buonaforchettasd.com
Buona Forchet ta
RESTAURANT + COCKTAIL BAR
Located inside the San Clemente Inn, Riviera
aims to elevate the local dining scene in
San Clemente by offering a unique culinary
experience and design-driven atmosphere that’s
equally exciting, creative, and worldly as it is
familiar, welcoming, and inviting.
www.rivierasc.com
ORGANIC, GRASS-FED & FINISHED
100% PURE BURGERS
Pure Burger Bar is a true pioneer in this age of
compromised taste and quality. Inspired by a
true love for burgers and a passion for quality
food. They create their sauces from scratch
and slice up produce fresh to order,
serving real food that’s really delicious.
www.pure-burger.com
CONTACT US
SERVING BREAKFAST + LUNCH
Serving classic American food with a
French twist in a friendly and relaxed
atmosphere. The owner Veronique believes
that a restaurant is an extension of your
home, your second kitchen.
www.antoinescafe.com
VOTED BEST PIZZA IN SAN CLEMENTE
Savor authentic Detroit-style pizzas at Gibroni’s,
featuring classic pies and unique creations like
the Fun Guys pizza with porcini cream sauce.
Enjoy delicious starters and sides, including
wings, salads, pizza sticks, and pastas.
www.gibronispizza.com
FROM ITALY TO SAN CLEMENTE
Whether you’re craving classic pasta dishes,
authentic pizzas, or delectable seafood
options, Pronto’s got you covered. Every bite is
a journey through the rich flavors and traditions
of Italy, crafted with love and passion by their
talented chef Adriano Piazza.
www.prontoitaliandeli.com
Pronto Cucina I taliana
CONTACT US
Gibroni’s Pizza
COCKTAIL BAR
An intimate, neighborhood cocktail bar
serving only the finest beverages in the most
classy of settings. With pieces gathered from
around the world, Jane provides locals, and
travelers, a place to enjoy carefully curated
libations and small plates.
www.bar-jane.com
Jane’s
Can’t Say Enough!
Can’t say enough good things about this place! Now I know how the movie stars live.
Everything was perfect. Accommodations, privacy , peaceful, and so easy to work with Bradley, and his deputies. I let my organizing daughter take the lead, as she is very familiar with the Airbnb protocol. If we’re out west again, I know who I’m calling first.
Bradley Wright. Easy to deal with, and HE knows people!! — Pat Big Lake, MN
June 2025
An Amazing Stay
We had an amazing stay at The Western Whitehouse. Our daughter was getting married in Laguna Beach and we needed a place that could accommodate our daughter and her bridesmaids, and we found it with The Western White House. When we arrived, we were greeted by Kevin, the host’s manager, he is a very nice person, he showed us around the house and told us where the grocery store was and some good restaurants that were nearby. Bradley and Rose had a gift basket waiting for us, with my daughter’s favorite wines and some awesome food from Trader Joe’s (which is one of our favorite places to shop). Whenever we are back down in So Cal and San Clemente, we will definitely stay at Bradley and Rose’s Airbnb again. They are fantastic hosts. — Carol Pleasanton, CA
April 2025
Excellent! Five Stars!
Everything stands out excellent out of five stars. I wish I could select 100 stars because 5 it’s not enough to qualify the house and of course the host. He is in every single detail. 100% recommended.! Thanks Brad and Rose for everything . God Bless you and keep you! Hope to rent this house again in the future!
— Daniel Tigre, Argentina
February 2025
A Beautiful Home
A beautiful home located in a prosperous neighborhood up the hill overlooking San Clemente. A patriotic home with vast history of the US, tons of books throguhout the house, and pictures/portraits of former presidents. A four bedroom/three bath house with an added on room that doubles as the second family room. Yes, two family rooms with TVs, eight beds in total in the house. The master bedroom is massive. An open kitchen layout with all the necessities for people who plan to cook at home, like we did. Stainless steel pans and pots, wooden spandulas, plates, bowls, mugs, drip coffee, etc. Plus a stocked cupboard of seasonings. A big pantry to store things. The back with a view has a pool, with a slide, jacuzzi attached. The pool slide is also a waterfall and is made from a rock structure. Very unique. Also in the back bbq, and outdoor patio furniture. A very cool vibe. The house is prestine. Bradley is well communicative and a gracious host. We plan on staying at his lovely home again! — Nicole Nevada City, CA
February 2025
AIRBNB REVIEWS ~ AS SEEN ON LISTING #42099147
Very Pristine Setting
The pictures are very accurate. A very pristine setting, super peaceful, fun, just right for us. AIRBNB only let’s you rate up to 5 stars, but hands down I give it a 10. The host was great, super easy to work with. When we come back to Cali, I hope we stay here again.
Thank you!
— Parker Anchorage, AK
January 2025
Sophisticated Host
Fantastic, well organized and sophisticated host. I’d stay here again in a heartbeat.
Beautiful home, fantastic location, gorgeous views.
— Samuel San Antonio, TX
March 2024
One of the best Airbnb stays ever!
We stayed at the Western Whitehouse as a group of 10 people (4 adults and 6 children) and it was spectacular from A to Z! The kids particularly loved the pool, hot tub, water fall and water slide. Bradley was communicative and very professional throughout.
The place had an excellent kitchen with amenities and multiple grills that we used to make an epic BBQ one night. The views from the backyard are gorgeous! The location is peaceful and zen, yet close to attractions. My favorite room was the presidential room. It almost felt like you’re walking into a museum. Thanks again Bradley and team for your warm hospitality!
— Antonio Carlsbad, CA
May 2024
Family Gathering
We had a family gathering to celebrate our son’s military graduation at Camp Pendleton. Perfect location. Owner let us know of any issues and provided accommodations.
The city does have more regulations than other areas. If your vacation fits in those parameters, this is a fun, beautiful home with wonderful hosts. — Khanh-Lein Palm Coast, Florida
October 2024
Wonderful Stay
A group of 7 for a mens Christian retreat. Owner was so accommodating and made sure we were comfortable during our stay. Gorgeous views and gorgorgeous home. — Alex Camoden, SC
September 2024
AIRBNB REVIEWS ~ AS SEEN ON LISTING #42099147
Perfect for Our Needs
Brad was very helpful and the house was perfect for our needs. Brad and his team were very accommodating and thoughtful.
— Dillon New York, NY
June 2024
Amazing Weekend in a Relaxing Home
Our stay at the Western Whitehouse was wonderful! We had multiple generations of family for a mini “staycation” and the layout was perfect with plenty of space and bedrooms. Everything was clean and exactly as stated. The pool was the hit with the kids and the ocean view is so nice and relaxing. Very private residence and very quiet neighborhood! Bradley was always super responsive and friendly and helped with everything we needed right away! An exceptional host! Thank you Bradley and Rose for a wonderful place to host our family get-together!
— Whitney San Clemente, CA
June 2024
Best Host Ever
You will not find a better host anywhere. We’re from the east coast and have always heard not so great things about the West, they’re not true. Always very help with every little detail of the towns, restaurants, weather, you name it he was there to help. Great Experience we will be back.
— Loren Crown City, OH
May 2024
Fantastic Host
5 STAR across the board. Very reaponsive to msgs and very adoptable to requests. Definitely will come back and will recommend to friends and Families! — Ronald Los Angeles, CA
April 2024
Peaceful & Quiet!
We were a family of 3 (two children each). We specifically looked for a place with a great backyard with a heated pool. Pool has a slide which was a huge plus for the kids. Host was nice, extremely responsive and tended to everything we needed. The neighborhood is very peaceful and quiet. This is NOT the place to throw loud parties, etc. If you’re a family with kids looking for a peaceful getaway, this the place. Beach, restaurants, piers are relatively closely.
— Vijay San Jose, CA
December 2023
AIRBNB REVIEWS ~ AS SEEN ON LISTING #42099147
Perfect Privacy
This home, secluded in the hills of San Clemente, overlooking the Pacific Ocean, has a private pool, slide and awe-inspiring ocean views. The jacuzzi was heated to 102 degrees for our kids. Our trip blossomed into the perfect vacation for our family. The owners went out of their way to cater to our elderly parents. It was so wonderful for our children to experience this time with their grandparents. This seashore paradise and beautiful village atmosphere are sensational with strawberry rose-colored skies at sunset. In our opinion, the best places to view the sunsets are Fisherman’s Restaurant on the Pier or at the top of Misty Ridge overlooking the Dana Point Harbor. The owner has been a resident of San Clemente for over 35 years and helped us navigate this whole virus situation. The City has fabulous restaurants, and the City administration has allowed the restaurants to facilitate customers outside. They have created a relaxed sidewalk vibe with patio style dining throughout the community. The owner gave us direct contact with the restaurant owners to make reservations. He seems to be friends with all of them. We will be back, and the pool was the top amenity, our kids are like fish now.
Five stars for sure!
— Scarlette B Penn Valley, CA
December 2023
Awesome Vacation
Our family has stayed at this property a few times and we love this property. This property has everything we need for our kids it’s close to downtown, close to the State Beach and the San Clemente Pier. When we first stayed at the property the owner was the person we dealt with throughout the process. Everything was perfect and the property was completely organized and clean. They hired a property manager we went through last year and our experience was nowhere near the same. This year the owner took back management for obvious reasons. We had decided to entertain securing a different property this summer and then we received this beautifully designed electronic newsletter announcing the owners were taking back the management of their home. We booked immediately Bradley the majority owner was again at our beck and call. Everything was ideal again and our kids were ecstatic to be back. One of our major concerns this year was obviously the COVID virus. We expressed our concerns about just normal cleaning and Bradley went out and investigated different sanitation for both indoor and outdoors and found a product called Wysiwash (check out their web site for the COVID 19 sanitation) It had originated through professional dog kennel sanitation and the company made a move into the COVID industry and it’s an extremely effective product.
This is the type of proactive management we became used to before they hired a property manager. We could not get the company to even answer their emergency phone line or complaint line. And from what Bradley shared with us they had reneged on several promises when they sold them on property management. When we told Bradley we were going to write this review he asked that we not use the property manager’s name. Just a real classy request. His expression was “We never look back at those types of experiences or bad choices. We just try to improve going forward. We came to the decision the best thing for our guest would be if we handled the property ourselves and AIRBNB REVIEWS ~ AS SEEN ON LISTING #42099147
preformed to all our guest needs.” We rebooked again for September the home is located on an extremely upscale huge wide street with complete privacy. Approximately 18 custom-built homes on acreage and the neighbors are extremely nice folks. There have also been major improvements they now have Aqui Link for the pool and spa. All you have to do now is push a button for the waterslide or Jacuzzi. Everything is automated heating the pool.
— Michelle M San Clemente, CA
December 2023
Above and Beyond
This was my first time staying at an Airbnb. Bradley and his team went above and beyond to meet our needs. Starting with the personalized gift basket that was waiting for us when we checked in to saving us parking spots on the street when neighbor was having a party (during the rain!) He checked in constantly and was super responsive when I needed something. This was such a great first Airbnb experience and I would definitely stay here again vs a hotel. Thank you Bradley, William and Rose! — Karen Bakersfield, CA
December 2023
Amazing Stay!
Wow-what a fabulous property this is. We have two families who have traveled together for years. This home is ideal for our kids. It’s in a neighborhood, so private no one comes down the street unless they belong there. The beaches are gorgeous, and the house is located less than five minutes to State Beach and San Clemente Pier. This home has an awesome pool, slide, and an unbelievable ocean view of the Pacific Ocean.
The owners were so accommodating and gave us gift certificates for our kids to go to a trampoline center. The best recreation jump center we have ever seen for all ages called Big Air. The owner brought us beautiful flowers and wine after check-in we don’t drink alcohol, and an hour later, there were more flowers and sparkling cider delivered to our door. They also were very diligent in all aspects of booking the property, including asking us if we had any special needs. Asking if there was anything we wanted to have at the property when we arrived. Everything we had asked for was done for us. This took all the hassle out of the equation. The owners are the publisher of SouthCoastmagazine. Go check out their web site. And reach out to them. They know all the chefs and restaurant owners and gave us some great places to eat out and order into the home.
These folks could not have been more accommodating, friendly, and helpful. 0ne-eleven Coastal and the Fisherman’s Restaurant were our favorites. Fishermen’s is located right at the base of the San Clemente Pier had a kid-friendly atmosphere. The kids played at the beach before and after dinner. Daylight saving time had just started in California, so we stayed till around 9:30. On the beach with an open-pit fire. The views from the Pier to San Clemente Island and Catalina Island made you feel like you can reach out and touch them. The Sun Set directly behind Catalina the night we were there. San Clemente is most definitely Paradise. The downtown is so adorable and extremely cool vibe from the locals. Two brand new 55 inch Big Screens. The pool has a new aqua link system, AIRBNB REVIEWS ~ AS SEEN ON LISTING #42099147
which is so easy to use and is on automatic no valves to turn. We choose to heat the pool because even in the spring-summer, we like our pool 84 degrees. We just let the owners know ahead of time. We made friends with one of the neighbors, and we will be back.
Just the best family atmosphere we have experienced. You’ll love San Clemente and this family-style home.
— Alyssa M Ladera Ranch, CA
December 2023
Pool Stoled the Show!
Bradley was an excellent host! He provided a beautiful welcome basket and checked on us regularly. The pool, spa and backyard stole the show! — Katrina Bakersfield, CA
December 2023
Exceptional Hospitiality
Great hosts. The hospitality is exceptional. Beautiful home. — Sydney Phoenix, AZ
November 2023
San Clemente ~ Cool Beach Town
This home was very comfortable for our family vacation! House was well stocked, everything from cookware, spices in the cabinet, pool towels and more. Whether we wanted to cook in, go out, or a mix, this place had us covered. Pool with the slide was a lot of fun for the kids, the ocean view was a great place to hang out as well. Communication with the owner was prompt and he was eager to make sure our stay was comfortable, Brad was very accommodating to our family and helpful. From the holiday lights out front, comfortable beds, amazing pool layout, this place had it all. San Clemente was a cool beach town with all sorts of shops, places to grab a drink or meal and close to some great places to check out the ocean. We really enjoyed our stay! — Dave Baxter, MN
November 2023
Pool Provides an Ocean View Backdrop
The basket of goodies that Brad left us was beautiful and we were greeted by a professional that showed us all the home amenities. The home had everything we could have possibly needed. In fact, it had more cooking and serving items than any rental we’ve ever had. The furnishings were plentiful, tasteful and functional. The home was perfectly set up for a group and was beautiful (inside and out). The pool, waterfall/slide and jacuzzi functioned perfectly and provided an ocean view backdrop for great gatherings.
In short, Bradly was a caring host and the home provided everything we could have asked for in a rental property. Our group was sad to leave this serene, ocean view setting. — Joe San Clemente, CA
November 2023
AIRBNB REVIEWS ~ AS SEEN ON LISTING #42099147
Great House & Host!
Walked in to a feast of a welcome back from wine, snacks and other necessities. Big rooms with large kitchen and living area to hang out.
— David San Clemente, CA
October 2023
Wonderful Home, Beautiful View
Owners are so gracious, responsive and helpful. We had a great stay! — Lisa Monterey Park, CA
May 2023
One of the Best Airbnb’s We’ve Stayed At!
We had 4 adults and 5 kids. The kids were in the pool first thing in the morning and last thing before bed when we got back. The kitchen and living room were great with the amount of kids. The bedroom situation was also perfect with two adjoining bedrooms that were perfect for the kids. Huge Master. Bradley and team were extremely responsive, gave incredible recommendations, provided a thoughtful gift basket, and overall the best host experience we’ve had.
— Saunder St. George, UT
May 2023
Great Host
Bradley was a great host! The house was perfect for our family! — Brianna Bermuda Dunes, CA
May 2023
Perfect for Families
Beautiful property and great location, the house was perfect for a family to stay together. We loved the house and Bradley was very kind to us. Thank you for everything, we really had a lot of fun.
— Janina Woodside, CA
May 2023
A+ Host
We really enjoyed our time here, and Bradley was an A+ host. This is a beautiful property close to town with a lot to do, would definitely come back! — Ben Evans, FL
April 2023
AIRBNB REVIEWS ~ AS SEEN ON LISTING #42099147
Pool & Slide Made it Seem Like a Resort
Brad was a terrific host! Very attentive, kept checking to see if we needed anything. We even enjoyed a glass of wine together! We would happily stay here again! There were 11 of us, family members, including 2 small children. Plenty of room, towels, etc. The pool and the slide made it seem like a resort!
— Susan Springboro, OH
December 2022
AIRBNB REVIEWS ~ AS SEEN ON LISTING #42099147
Great Host! Very nice house!
We had 7 adults and 2 kids. We had plenty of room in this spacious house. The host is phenomenal. He helps the whole stay from questions answered to recommendations on everything. Loved the backyard the most and so did the kids!! Thanks again for everything, would definitely recommend!!! Julie W, Wed, May 21 – Wed, May 28, 2025
6/1/2025 at 3:42 AM Waterloo, IL
Beautiful location, Attentive host, Memories with family Though SC had a marine layer the days we visited, this location allowed us to be above it, enjoy the beautiful sun, and play in the pool all day. This house has everything needed to vacation beyond comfortably. This was a trip to remember and we will be staying here whenever we come to Sc from now on!
Misty M, Mon, Apr 7 – Fri, Apr 11, 2025
4/14/2025 at 8:55 PM Kent, WA
Good spot - awesome pool
Large kitchen, plenty of space. Host very nice and thoughtful. Patio was the hangout spot with nice view of canyon and ocean
Alexis P, Wed, Mar 19 – Sat, Mar 22, 2025
3/23/2025 at 11:32 PM Sparks, NV
Good times
We had a lovely time!
Jennifer W, Sat, Mar 1 – Sat, Mar 8, 2025
3/9/2025 at 3:57 PM Sartell, MN
Great space with wonderful views!
We enjoyed our time at the home over the weekend. The hosts were friendly and attentive during our stay.
Sasha Marie S, Thu, Jan 23 – Sun, Jan 26, 2025
2/9/2025 at 12:26 AM Playa Del Rey, CA
Annual Early Thanksgiving Family Celebration
The “Western White House,” as it is nicknamed, lived up to every rave review. It is in a safe and quiet neighborhood and has incredible ocean views. The house is nicely laid out, well stocked, and has a spectacular pool with hot tub and water slide. To top it off, the owner was exceptionally communicative and responsive. We highly recommend this beautiful home!!
— Jamet M 11/11/2024 at 11:47 PM
VRBO REVIEWS ~ AS SEEN ON LISTING #89478
Hill Top Home with Views
Beautiful and interesting home in a lovely, safe neighborhood. Gorgeous landscaping and inviting fun pool/spa. We were an elderly group with several family members experiencing mobility issues. It was nice to have a single story home with walk-in shower options and grab-bars. All beds comfortable. Kitchen was well stocked with easy to use appliances. Beach towels, paper items, supplies all provided. Host was welcoming and provided all we needed for a comfortable stay. Questions/concerns answered timely.
Highly recommend this lovely home. You won’t be disappointed. — Robin B 9/16/2024 at 9:12 PM Lake Forest, CA
Location. Location. Location.
The location of this large home was a perfect jumping off spot for our week! We needed at least 5 bedrooms, and wanted a backyard amenity like the pool space at this home.
The kitchen was well stocked with plenty of cookware, dishware and coffee cups (we drink a lot of coffee!) We enjoyed the pool and kitchen area tremendously! A great space for a family reunion or friend travel trip! 8/30/2024 at 1:20 PM — Traci P 8/30/2024 at 1:20 PM Festus, MO
Great for Family Gatherings
Grandma and two families- 5 kids in all. Add we all had a great time! Plenty of space for sleeping, playing and getting away for quiet when needed. The pool was a huge hit, although it took a couple of days to get the 4-year old to go on the slide. Easy to get to the beach and restaurants although we did most of our meals at the house. Everything you need is there for cooking. Host is a communicator so no problems at all. Do it! — Susan B 8/10/2024 at 12:06 AM Royal Oak, MD
Great Home Base for our Family Vacation
We had a wonderful time staying at this home and exploring the surrounding area during a week long stay with family. It was a quick drive to the beach, dining and nature. Location was also great because we had activities planned in both San Diego and the LA area. Bradley was great with communication and offering recommendations for activities in the area. All in all we had a great stay! — Nora L 7/10/2024 at 3:31 PM West Baldwin, ME
Ahhhmazing Reunion
My family had a great time at this VRBO. It is a large eclectic home with a beautiful view. Great swimming pool. Great neighborhood. The host is wonderful to work with. I highly recommend.
— Karen M 7/8/2024 at 7:58 AM San Clemente, CA
VRBO REVIEWS ~ AS SEEN ON LISTING #89478
Wonderful Stay
We came to California for a family visit and this house provided a nice space with plenty of room for two families to stay comfortably and a nice pool with slide, hot tub, cliff side view of the ocean and only 5 minutes drive to the beach. Had all needed amenities for cooking and grilling at home. Plenty of TVs for variety of viewing preferences. The owner was highly available with great dinner and sunset suggestions. He was always very friendly and responsive to every need. If we ever stay in the San Clemente area, we would definitely stay here again.
— Nestor G 6/30/2024 at 9:58 PM Downs, IL
Awesome Place
Terrific location with all the amenities. The hosts are incredible. Couldn’t have been happier with this rental. Very highly recommended. — Frank C 5/6/2024 at 6:08 PM Greenwich, CT
Disney Princess Beach House
The pool and hot tub was so clean and perfect !
— CC 5/4/2024 at 4:30 PM Carlsbad, CA
Wedding Weekend
Property as advertised. Pool, spa and great view were big hits. Super quiet and peaceful neighborhood. Beds were comfortable and kitchen well stocked. — Bob D 3/28/2024 at 1:13 AM Simi Valley, CA
Wonderful Southern Cali
This place was awesome for our trip to Southern California with our kids and grandkids. Great location, wonderful house and back yard. It was comfortable, and had everything we needed. The hosts are very attentive and great communicators. — Stephen Q 3/17/2024 at 1:28 PM Welie, TX
Perfect Place to Make Forever Memories
We stayed here while in town for our son’s wedding. We wanted a place that we could all gather but also provided enough space for everyone to have a little privacy. This home was perfect! The open concept kitchen and living area provided an indoor space for gathering when the weather was not ideal and the yard gave us the opportunity to spend together outside! The spa was a lovely 100 degrees and enjoyed by many in our group. Kevyn was great at check in with a quick tour. Bradley was an amazing host always in communication answering questions and checking in! We highly recommend this property!
— Dawn R 12/26/2023 at 9:18 PM Howell, MI
VRBO REVIEWS ~ AS SEEN ON LISTING #89478
Bradley & Rose are Wonderful Hosts!
As long time VRBO travelers, we are always looking for a clean home in a great location... and we found it with this rental. From the moment we drove up the road and saw this home in an exclusive (and safe) neighborhood to how clean and well kept the home was, we were impressed! Bradley was very friendly and responsive, even though we didn’t have any issues during our stay. While the weather was a bit cool, the pool and hot tub were warm, and the restaurants in the area were top notch. The best part about the stay... the comfy beds and linens and the unexpected but wonderful view of the canyon and ocean. Thank you Bradley and Rose! — Brad P 1/4/2023 at 10:48 PM Shoreview, MN
Our grandson said it “Best Thanksgiving Ever”
One of the easiest rental experiences. Bradley is very helpful. — Tony R 11/27/2022 at 2:15 AM Terry Town, NY
Family Staycation
Great pool, great views, great host! Great Fun! Bradley was a generous and kind host especially to my 97 year old father. Grandchildren absolutely loved the pool. Father enjoyed the expansive ocean views from the deck. A memorable 5 days. Definitely a 5* rating for our wonderful experience. The main house is one level which was great for our Dad. The library/bonus room to the left of the entrance is a cozy step down library with an emphasis of our U.S. Presidents. The expansive master suite also has a step down into the private sanctuary with its en-suite large walk in shower. This home is a wonderful retreat for a family to all be together. We had a wonderful experience with our sons and their families. We loved sitting around the table looking out into the back yard with our morning coffees and our BBQ dinners. Thank you Bradley and Rose for sharing your beautiful home.
— Mary Anne C 9/17/2022 at 6:02 PM Granada Hills, CA
Clean & Friendly
We recently stayed at the property with our large family. We were greeted promptly upon arrival and given a thorough tour of the property . We were also greeted with welcome treats for the kids and wine for the adults. The pool is amazing and our kids swam and played for hours and hours. The view from the balcony is stunning as well! The owners checked in frequently to ensure we had everything we needed and were comfortable. They were also quick to respond with any questions we had as well. The house was equipped with beach chairs, toys, towels and boogie boards for our beach excursions. Would definitely recommend to anyone looking in the area. — Michael Y 8/5/2021 at 4:42 PM Granada Hills, CA
VRBO REVIEWS ~ AS SEEN ON LISTING #89478
Great Trip
We had such a nice trip. What a great 4th!!! The host was very friendly and accommodating and we had a lovely happy hour getting to know the host. He even got fresh mint leaves and all the fixings to make some mojitos! We would love to make this an annual trip! Perfect location, amazing trip!! Thank you thank you Thank You! — Kara W 7/6/2021 at 7:57 PM Porter Ranch, CA
Fun House for Gathering
We celebrated my dads 70th birthday this past weekend and it was a great house for a family gathering with a lot of space! The view and jacuzzi were perfect to enjoy a glass of wine in the evenings and the kitchen was great for cooking. — Lindsay L 7/1/2021 at 3:45PM Larkspur, CA
Memorable Pool & Good Times
We were warmly greeted by Kevin and Bradley then welcomed with lovely wine and treats. The house is big and had plenty of space for our 2 families. The kids (ages 4-7) had a blast in the pool. It was the highlight of our stay. We didn’t want to cook (it’s vacation after all!) and were pleased there were plenty of takeout places around. If you do cook, there are plenty of ingredients, utensils, and kitchen equipment at the house. The kids stayed in the room with bunk beds, which had so many books for the kids to read. They had fun reading and coloring during down time, which was helpful for us parents. Bradley was quick to answer my questions about the pool heater and generously corrected the issue. The house was in a great location, and the neighborhood is beautiful, nice, and quiet. We went to Legoland and the SD zoo during the first half of our stay and found the drive easy except for some early evening traffic on the way up which was expected.
We took the kids to Laguna Beach, and the current was way too strong. Next time, we will take Bradley’s advice and go to San Clemente Pier and the beach there. Looking forward to our next visit. Thanks, Bradley and team!
— Sarah C 7/5/2021 at 4:14 PM Tiburon, CA
Annual Get Together
Well, we are too old college roommates, teammates, and best friends for 40 years. Every once in a while we like to get away drink some of the best California red wines, Pinot Noirs our favorite. The best one we shared was Cherry Pie (Pinot Noir compliments of the owner) and smoke cigars (outside of course). We found this Western White House on-line on a couple of different platforms and decided to book through VRBO. This is one of the most unique properties one will ever find in California. Perched on an acre overlooking the Pacific Ocean very rare with real estate costs. The home is also very unique inside the WesternwhitehouseSC web page show a little preview of it. The theme is actually a library with the history of United States Presidents, only in the library. The remainder of the home has a really cool array of different artists with a theme to each room. African, surf, children’s animals, Plein air, Flower Fields, and several of the most VRBO REVIEWS ~ AS SEEN ON LISTING #89478
attractive artful Palm paintings throughout the home. Most of our time was spent drinking our reds and smoking cigars but we did take some breaks to enjoy this phenomenal pool, big screens for sports viewing, and grilling on two different grills. LOL Downtown San Clemente is a cool vibe but also a lot more electrifying than it used to be. The restaurant scene is positively energized with an array of layouts for outdoor seating. They have developed a new culture in San Clemente for dining. Red Wine at Rocco’s is a must. LOL It was a pleasant surprise to find the bottles of Pinot Noir and a couple of Montecristo and Cohiba cigars. This staff does their homework as we were gazing at a quarter moon in conversation we figured out the assistant to the owner had cleverly asked particular questions to find out what we liked. There were only two of us, we like a lot of room. — Paul O 6/21/2021 at 7:28 PM Mission Viejo, CA
Great Stay!
We thoroughly enjoyed our stay. Brad was always very responsive and met us at checkin to walk through the property and show us how to use everything. He had fresh flowers, treats for the kids, wine for the adults and a fully stocked pantry with all the cooking supplies we needed. The kids really enjoyed the pool and water slide and the house was more than large enough for our party of 8. The location is in a quiet cul-desac that was close to town, the beach, and the freeway. Brad continued to be available during our stay and recommended a few local restaurants for us, a couple that made our short list. Brad went above and beyond and dropped off gift cards for the restaurants we were planning to visit during our stay. It was a very unexpected and welcome surprise.
We would definitely stay again.
— Bianca L 6/19/2021 at 5:54 PM Elmhurst, IL
Incredible Home for a Family Vacation!
Brad and Rose were just incredible. From booking our stay all the way up to the check in and through the check out, the communication was AMAZING! We had two families with children as well as our parents stay and it was just a PERFECT home for each and every age group. Brad had great follow up and asked if we needed anything during our stay, and we did! We needed a speaker for music! He went and bought a Bose and brought it right over with a bottle of wine for us. He also brought candy and snacks from Costco for the kids! The house is mainly one story with a step here or there and has great views to the pool and outside from the kitchen, living room and dining rooms. The visual to the pool was important to us because we had 6 kids swimming at any given time.
The house is fully stocked with towels, linens, paper towels and toilet paper. The kitchen is well equipped with anything you might need. The neighborhood is quiet and the view is STUNNING. We wouldn’t have changed anything about our stay. It was perfection! Thank you Brad and Rose! We look forward to staying again next year! — Brittany L 6/15/2021 at 7:40 PM Larksupur, CA
VRBO REVIEWS ~ AS SEEN ON LISTING #89478
Great Neighborhood Cooperative Owner
The property and the pool are spectacular. The owner has just put in a new slide and completely refurbished the pool so it makes for a great poolside BBQ. Also just upgraded the wi-fi which was important to our group. The only snafu was on our end. One knucklehead in our group claimed up on the roof and jumped in the pool obviously a complete immature act by my friend Jason. The neighbor called Bradley who was out of town. I did not hear my phone ring when he called us. About thirty minutes after Jason jumped off the roof La Tanya from security was at the front door. La Tanya was cool but very firm. We also had additional guests, not on the contact which I knew was against the rules. La Tanya let us know Bradley wanted to facetime. The bottom line he let me know about the liability we had presented upon the property, city, and the neighbors we’re not happy. We had more folks than the contract allowed and he could have made us depart. Bradley takes the neighbor’s advice on what to do and they gave us the thumbs up to stay. He let us know the city could fine him for noise, charged us for the extra guests (fair enough), and gave us a no-tolerance pass to stay the rest of our visit.
Our group asked Jason to leave and we had a fabulous time and completely respectful to the neighbors going forward. Once again Bradley sorry for our beginning behavior in our group and thank you for not enforcing our departure and ruining our vacation. This would have been entirely our blameworthy. We will refer other groups to you. — Constant R 5/11/2021 at 4:27 PM Dallas, TX
Not perfect, but very enjoyable
The house had everything a family needs. The pool, water slide, spa, and pool deck were fabulous. The kitchen was fully operational as were the bathrooms, laundry room, hot water, and heat. The beds were comfortable, though the height of the bed in the master made getting into it difficult. Internet was usable but on the slow side. Brad was more than accommodating, he was generous. However, the furniture was tired, and the house cluttered. It wasn’t perfect, but we enjoyed our entire time there. — Bernard H 4/5/2021 at 4:00 AM Key Biscayne, FL
A beautiful property!
Our stay was amazing. The owner personally checked us in and gave us the local scoop.
When walking up to the home, the first thing we see is the beautiful sunset climbing through thick beveled glass windows of these cool distressed double doors. We were an hour and a half late for check-in, and Bradley was totally chill about it. The home is located on the widest street we have ever experienced booking vacation rentals, with stunning designed homes and views. The rest of our stay is the reason why we booked after reading WesternWhiteHouseSC.com reviews. Tammy the owner’s assistant, made reservations for us at three different restaurants and was cool in vibe, food and wine.
I personally don’t pontificate in reviews. Everything about this stay is five STARS! An exceptional combination of service and privacy.
— Julie R 2/6/2021 at 2:26 AM Big Bear Lake, CA
VRBO REVIEWS ~ AS SEEN ON LISTING #89478
Wonderful Experience!
We absolutely had a super-duper Thanksgiving break in Brad’s house. Clean, spacious and well-stocked......everything was great! The heated pool is a highlight for our kids and we also enjoyed the spa very much. I was glad that the kids could swim and play rather than just staying indoors and on TV/computers all the time! Brad is very quick to answer our questions and response to our requests. We would have spent more time chatting with him and learned more about this area if it were not Covid! We so appreciated Brad and his house especially during this pandemic. Definitely highly recommend :) — Shiao-Ching C 12/8/2020 at 8:01 PM Tiburon, CA
Beautiful, fun property with a gorgeous view!!
Everything was incredible at the house! The pool is always a great temp and the jacuzzi shuts off automatically after a couple hours! Also so many comfortable, clean beds to sleep in for extra guests! Brad was great to deal with and very communicative! We would come back again!
— Kevin H 10/14/2020 at 8:28 PM San Diego, CA
VRBO REVIEWS ~ AS SEEN ON LISTING #89478
Dear Mayor Knoblock, Mayor Pro Mark Enmeier, Councilmember Cabral, Councilmember Loeffler, and Councilmember Wu:
Hi, my name is Lori Dobis and I am from Big Bear Lake, Ca and I am a frequent visitor to San Clemente. We rent a single-family home in San Clemente for Christmas and summer vacations for the past several years. We love your town, and renting a home allows us to stay together as a family, cooking, swimming, and just having family time that means the most. You get to get up in the morning and there is your grandchild with you, to make breakfast, watch tv together, privacy that you don’t get to experience with a hotel.
With the limited number of hotels in the area, rental homes are vital as an option for bigger groups. San Clemente has amazing beaches, cuisine and shopping. We would hate to have find another cozy beach town to vacation. This home in particular, The Western White House, is such a find for its views and amenities. We always do our best to be respectful of the neighbors and surrounding property. The owner is very clear regarding rules and noise levels.
We treasure our time at this property and in San Clemente. We truly hope your decision will consider how valuable San Clemente is as a vacation destination and the need for homes to accommodate visitors.
Thank You For Your Consideration,
Lori Dobis
-----Original Message-----
From: Gretchen Elg
Sent: Tuesday, June 17, 2025 8:58 AM
To: CityClerk Mail <[email protected]>
Subject: Please keep San Clemente short term vacation rentals [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
We have been renting out our second home in San Clemente as a short term rental for over 20 years now.
We provide an affordable vacation that families cannot get in a hotel, with a more relaxed setting of a living room and kitchen. Also, there are very few hotels in San Clemente that are walking distance to the beach which we have on the Montalvo Lobeiro loop.
Many people use our home to celebrate family weddings, or to visit family that live in San Clemente, but cannot accommodate them in their home. We also have lots of military families that want to meet with their loved ones when they are on leave or about to be deployed. They are so grateful to be in a home setting to enjoy family time with their loved ones.
I also want to note that I pay my 10% tax faithfully. It seems to me that the city should be using their efforts to shut down illegal short term rentals that are not paying their tax or their license fees instead of going after those of us who are paying tax to the city and following all of the rules. We are aware of cheaters out there who are collecting tax on Airbnb and VRBO and then not submitting it to the city.
Unfortunately, I cannot attend the meeting tonight, so I hope we will take my thoughts under consideration Gretchen Elg
Sent from my iPhone