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CITY OF SANTA ANA
AGREEMENT WITH ELITE EXECUTIVE CHARTER LLC FOR
ON-CALL CHARTER BUS SERVICES
THIS AGREEMENT is made and entered into on this 18th day of June, 2024 by and between Elite Executive Charter LLC , a California limited liability company (“Contractor”), and the C ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On March 19, 2024, the City issued Request for Proposal No. (”RFP”) 24- 027, by which is sought qualified contractors to provide on- call charter bus services for the City’s Parks Recreation and Community Services Agency.
B. Contractor submitted a responsive proposal that was among those se lected by the City.
Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-027.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP 24-027, which is attached as Exhibit A, and as more specifically delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B .
Contractor is one of two (2) contractors selected to provide charter bus services on an on-call basis under RFP 24- 027. The total compensation for these services provided by all such contractors selected under RFP 24-027 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars and 00/100 ( $500,000) for the entire term of this Agreement, including any extension periods exercised by the parties. The annual aggregate amount, available to all selected Contractors, shall not exceed $100,000.
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b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly i nto Contractor’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
c. In the event that Contractor arrives more than fifteen (15) minutes late for the scheduled pick-up time at the scheduled location, the Contractor shall pay to the City liquidated damages in the amount of $100 for each fifteen (15) minutes of unexcused delay, at the sole discretion of the Director of Parks, Recreation, and Community Services, up to a maximum of Five Hundred Dollars and 00/100 ( $500). These liquidated damages, if any, shall be offset against th e charge for Contractor’s services invoiced for the day Contractor was late. The parties acknowledge this liquidated damage amount represents a reasonable estimate of the City’s damages in the event of a delay, considering the difficulty of proving such d amages and the potential disruption to the City’s event(s).
3. TERM
This Agreement shall commence on July 1, 2024 for a three (3) year term with the option for the City to grant up to two (2) one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
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
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drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Docu ments & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of th e Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
The selected Contractor shall provide the required evidence of insurance coverage as set forth in this Agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor shall maintain, for the duration of the Agreement, insurance coverages required by City, as stated below.
Coverage shall be at least as broad as:
a. Minimum Scope and Limit of Insurance
(1) Commercial General Li ability (CGL). Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
(2) Automobile Liability (AL). ISO Form Number CA 00 01 covering owned, hired and non- owned autos with a limit of no less than $5,000,000 per occurrence for bodily injury, $3,000,000 for property damage and $10,000,000 aggregate.
(3) Workers’ Compensation . A s required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(4) Sexual Abuse or Molestation Liability (SAML). If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
(5) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified
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minimum limits of insurance and coverage shall be available to the City.
b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At the option of City, Contractor shall cause its insurer(s) to reduce or eliminate such self -insured retentions as respects City, its City Council , officers, officials, employees, agents and volunteers; or Contractor shall provide a fi nancial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
c. Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL, AL, and SAML policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
(2) Waiver of Subrogation. Contractor’s insurance company(ies) agree(s) to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which may arise from work performed by Contractor under this Agreement. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(3) Primary Coverage. For any claims related to this contract, the Contractor ’s insurance coverage shall be primary and a ny insurance or self -insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(4) Severability of Interest (Cross-Liability). A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
(5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment.
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(6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701.
d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
e. Claims-Made Policies. If any of the above required insurance policies are on a claims-made basis:
(1) The retroactive date must be show, and must be before the date of the Agreement of the beginning of contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement.
(3) If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the Agreement effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
f. Verification of Coverage . Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
g. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, including requirements stated above in other insurance provisions on insurance required from subcontractors.
h. Special Risks or Circumstances . City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
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injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor , its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City m ay make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent re quired by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the cost s incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agree ment, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all
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nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Cont ractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all o ther agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor . The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor , Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment , transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this
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Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain s uch permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
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first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
T
o City:
City
Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
W
ith courtesy copies to:
Executive Director,
Parks, Recreation, and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
Elite
Executive Charter LLC
Attn: Cenk Ozkay
7111 Garden Grove Blvd. STE 220
Garden Grove, CA 92641
A
party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. M
ISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
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SIGNATURE PAGE FOR
AGREEMENT WITH ELITE EXECUTIVE CHARTER LLC FOR
ON-CALL CHARTER BUS SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney
By:
Brandon Salvatierra Cenk Ozkay
Deputy City Attorney Principal Agent
RECOMMENDED FOR APPROVAL:
Hawk Scott
Executive Director
Parks, Recreation, and Community Services Agency
Cenk Ozkay (Jun 10, 2024 12:27 PDT)
EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
P
roposer(s) shall perform the services as set forth below.
OVERVIEW
The City of Santa Ana seeks a qualified licensed charter motorcoach/bus services company to provide transportation of groups of people for pre-arranged round-trip excursions from various points within City limits to other destinations in the southern California area on an as-needed basis throughout the year.
These events include, but are not limited to: senior programs, youth field trips, community excursions, and other special events. Transportation services will be requested on an as-needed basis by designated City staff.
All proposals shall include turnkey pricing for all services requested, and the City reserves the right to reasonably increase or decrease the amounts and change specifications upon award.
PART I - SCOPE OF SERVICES
I. TRANSPORT SERVICES TO BE PROVIDED
1. S
cheduled Departure Time:
a. is the time that City has provided to Carrier when the vehicle is to leave the Pick- Up Point for the Destination Point.
b. Actual Departure Time: is the actual time the vehicle leaves from the Pick-Up Point or the Destination Point.
c. Late Arrival: is arrival at the Pick-Up Point that is later than the required arrival time of at least 20 minutes before the Scheduled Departure Time. Liquidated damages apply.
d. Late Show: is arrival at the Pick-Up Point that is later than the Scheduled Departure Time. Liquidated damages apply; Contract termination may apply.
2. Cancelation:
a. If City cancels requested service due to Carrier’s Late Arrival at the Pick-Up Point or Late Show, which causes City to cancel the event due to time restrictions at the destination point, then Carrier shall not charge City any fees whatsoever and liquidated damages apply.
b. If City cancels requested service any time before vehicle is dispatched, then Carrier shall not charge City any fees whatsoever.
c. If City cancels requested service after vehicle is dispatched, then City will pay the Trip Charge and no other charges. Trip Charges are to be prorated downward in cases where the vehicle dispatch point was closer to Santa Ana, CA and where the vehicle is re-routed to another customer’s location.
3. Head Count:
a. Conduct a head count (roll call) prior to all departures.
EXHIBIT I
SCOPE OF SERVICES
RFP 24-027
City of Santa Ana
CITY OF SANTA ANA
4. Pick-Up Point:
a. Is the predefined location within the City limits for the passengers to be picked up by Carrier. This is where the trip begins. Driver must be at Pick-Up Point at least 20 minutes before Scheduled Departure Time. Standby Rate is applicable until the Actual Departure Time; Drive Time Rate begins thereafter.
5. Destination Point:
a. is the predefined location, which may be outside of the City limits, but not outside of the Southern California area. This is the Destination Point, the main purpose of the trip. There may be multiple Destination Points. Drive Time Rate ends; Standby Rate begins until vehicle leaves for the Drop-off Point. Standby Rate is applicable until the Actual Departure Time; Drive Time Rate begins thereafter.
6. Drop-Off Point:
a. is the predefined location within the City limits for the passengers to be dropped off by Carrier. Note that the Drop-Off Point is normally the same as the Pick-Up Point. This is where the trip is completed. Drive Time Rate ends; Standby Rate begins until last passenger leaves the vehicle.
7. Round Trip:
a. is from Pick-Up Point to Destination Point to Drop-off Point. There may be multiple Destination Points before reaching the Drop-off Point.
II. SCHEDULE
1. Provide the services on the agreed-upon schedule, generally, Monday through Friday, 9:00 am to 5:00 pm.
2. Note that the dates and times are subject to change or cancellation.
3. Note City will provide advance notice, typically 72 hours or more, for services or cancellations.
III. TYPICAL ANNUAL REQUIREMENTS: (NOT IMPLIED AS A GUARANTEE)
1. The City conducts about 40 - 60 trips a year, which are generally 5 - 65 miles round trip.
2. Approximately two - three trips a week during the:
a. 8 - 10 weeks of Summer (July - August)
3. Approximately two trips a month during the following months:
a. September, October, December, January, February, March, April, May IV. PRICES
1. It shall be understood that the unit prices are firm for the initial year of the contract.
2. An increase or decrease may be made to the bid item prices for subsequent renewals the term of the contract.
3. Pricing must be inclusive of freight.
RFP 24-027
City of Santa Ana
CITY OF SANTA ANA
4. Additional Charges: not allowed, no fuel surcharges, no mileage rates
PART II – ADDITIONAL REQUIREMENTS
V. BIDDER QUALIFICATIONS
1. Possess the appropriate California Public Utilities Commission (CPUC) licenses for operating the types of vehicles and carrying the number of passengers in conjunction with the service requirements.
2. Must be listed at the CPUC website
http://www.cpuc.ca.gov/PUC/CEC/z_cpucconsumers/e_carriers.htm under Limos, Shuttles, and Buses: Consumer Information Center; Hiring a Limo, Shuttle, or Bus; List of Companies.
VI. SPECIFIC TERMS AND CONDITIONS
1. LEGAL
a. Comply with all legal requirements: federal, state, and local laws, regulations
b. Comply with all CPUC requirements as stated in the CPUC’s Transportation License Section apply unless the company, classificiation, service, etc. are especially excluded therein.
c. Comply with all ADA requirements
2. LICENSING
a. CPUC issues operating authority to companies that are for hire to transport passengers, including charter buses that operate in California. Companies must display their CPUC file number on their vehicles and in advertisements; for example, “PSC 1234” or “TCP 1234.”
b. Drivers must be licensed as required under the California Vehicle Code and must comply with the driver provisions of Title 13, California Code of Regulations.
c. Drivers must be the permit or certificate (CPUC authority) holder or under the complete supervision, direction and control of the operating carrier, and be an employee of the authority holder, or an employee of a sub-carrier, or an independent owner-driver who holds charter-party carrier authority and is operating as a sub-carrier.
VII. CONTROLLED SUBSTANCES AND ALCOHOL
1. Provide for a drug testing program in accordance with General Order 157 Series (TCP) and General Order 158 Series (PSC), whichever is applicable.
RFP 24-027
City of Santa Ana
CITY OF SANTA ANA
2. Do not permit any driver to operate any vehicle, in conjunction with these service requirements that does not conform to all of the applicable drug testing program requirements.
3. Do not permit any Controlled Substances and Alcohol to be used on the vehicle by anyone.
VIII. DMV PULL NOTICE
1. Be enrolled in the DMV Employer Pull Notice Program (EPN).
2. Do not permit any driver to operate any vehicle, in conjunction with these service requirements that does not conform to all DMV requirements.
IX. BACKGROUND CHECKS
1. Note that some passengers may be of minority age.
2. Utilize only the drivers have had Department of Justice criminal background checks completed and had those checks properly screened for these service requirements.
3. Perform background checks at least once every two years on individuals who are utilized in conjunction with these service requirements.
X. PASSENGER INFORMATION
1. Make the following information available immediately to the passengers:
a. Check the license status of the company: Call CPUC at 1-800-877-8867; Access the information from our website at www.cpuc.ca.gov.
b. File a complaint against your CPUC-authorized passenger transportation company: Call CPUC at 1-800-894-9444; Email CPUC at
[email protected]; Write the Passenger Section, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102; Use the complaint form on our website at:
http://www.cpuc.ca.gov/static/forms/complaints/psg+complaint+form.pdf if your complaint is by email or in writing.
XI. SAFETY, FIRST AID, EMERGENCIES
1. Note that other Safety, First Aid, Emergencies requirements are contained in other sections of these specifications.
2. Ensure that all drivers are up-to-date on first aid, CPR, and other related training.
3. Ensure that each vehicle used, in conjunction with these service requirements, has properly stocked first aid kits, fire extinguishers, and other related first aid devices as appropriate for the number of passengers and the expected duration of the trip.
4. Have emergency and critical incident procedures, arrangements and personnel in place to protect passengers and minimize disruption from on-road incidents, vehicle and/or system failures.
RFP 24-027
City of Santa Ana
CITY OF SANTA ANA
5. Provide a list of primary and a secondary point of contact names and phone numbers for emergencies.
XII. VEHICLES
1. Provide the following information for each vehicle that is available for service:
a. The make, model, year, miles, condition, and attributes for each vehicle. b. License plate numbers, VIN numbers, and seating capacities. c. Provide updates within 10 days of adding or deleting any vehicle from this list.
2. Seating
a. Use the appropriate sized-vehicle with the appropriate number of seats for a given Round Trip.
b. Do not carry more passengers than the number of seats unless specifically allowed by law.
c. Ensure that all seats have the appropriate and fully functional restraint devices (seat belts, child safety seats) for the type of vehicle being utilized.
3. Vehicle service requirements shall:
a. Be appropriate for the intended use.
b. Have passenger capacity to accommodate all passengers comfortably.
c. Have the necessary safety equipment.
d. Be fueled to at least 7/8ths of a tank, that other fluids including oil, antifreeze/coolant, power steering, brake fluid, washer fluid, battery fluid, and the like are topped-off before arrival at Pick-up Point.
e. Have had battery performance checked within the last 30 calendar days.
f. Be equipped with fully functional heating, air conditioning, doors, windows, windshield wipers, emergency radios, escapes (where appropriate), tires (spare included) that are in very good condition rated for the type of vehicle and weight loads.
g. Have the appropriate charger for the mobile phones utilized by the driver for contact.
h. Be clean inside and outside prior to scheduled service.
i. Have the appropriate storage/baggage compartments.
j. Be safeguarded at all times during the Round Trip.
k. Be very well-maintained, up-to-date on their maintenance requirements.
RFP 24-027
City of Santa Ana
CITY OF SANTA ANA
l. Provide replacement transportation to ensure a timely arrival at specified destinations in the event of mechanical malfunctions or breakdowns.
m. Ensure that any backup or replacement vehicles meet the same criteria as the replaced vehicle.
n. Use only Carrier’s company-owned or -leased vehicles unless otherwise approved in advance by CR.
o. Comply with all Department of Transportation Federal Highway Administration (DOT/FHWA) regulations with regard to their service.
p. Make available all vehicle maintenance records utilized in these services for inspection by City within 3 working days’ notice from City.
q. Allow the City reserves the right to inspect the Vendors equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this agreement.
XIII. DRIVERS
Note that the split of responsibilities is provided as a general grouping an does not represent or limit the responsibilities of the Carrier and Drviers
1. Carrier Responsibilities
a. Ensure that only drivers who are in good health (not mentally, emotionally, or physically compromised for operating the vehicles; and not contagious with any disease that might infect the passengers); well-rested; alert; and not under the influence of any illegal substances, substances or chemicals that would detract from their ability to operate the vehicle at optimal levels are utilized for these services.
b. Remove drivers from operating a vehicle in conjunction with these service requirements that do not meet the foregoing requirements.
c. Provide the appropriate number of drivers and relief drivers as required for the expected Round Trip travel time at no additional cost to City.
d. Ensure that drivers are provided the appropriate breaks for meals and the like.
e. Provide a fully-charged, fully-functional mobile phone to the driver to be available for contact at any time during the trip by Carrier or by City.
f. Are trained and regularly evaluated for conformance with all applicable requirements.
2. Driver Responsibilities
RFP 24-027
City of Santa Ana
CITY OF SANTA ANA
a. Posses, at all times, a valid State of California Department of Motor Vehicle Driver License qualifying them to operate the vehicles. b. Are professional, courteous, and provide excellent customer service. c. Capable of communicating the English language: understanding, speaking, reading, and writing it.
d. Attend and pass a defensive driver training course at least once every four years. e. Are trained, familiar with, and skilled at the operation of the vehicle to be used for this service.
f. Ensure vehicles and contents are secure at all times.
3. Parking Tolls & Fees
a.
City will reimburse Carrier for the exact amount of all documented parking and toll fees for each Round Trip. These charges may be added onto the monthly invoice.
4. Fines
a.
Carrier is sole responsible for all fines including, but not limited to all DMV fines, towing, storage, etc.
5. Fuel Surcharges:
a.
Not allowed
XIV. LEGAL AND BEST PRACTICE REQUIREMENTS
1. Be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times.
2. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices
3. Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations.
XV. AUDIT REQUIREMENTS
1. City reserves the right to periodically inspect and audit Contractor’s accounting procedures and supporting documentation in conjunction with the performance of the bid specifications.
2. City will notify Contractor in writing of any such requested audit.
RFP 24-027
City of Santa Ana
CITY OF SANTA ANA
3. City will inspect and audit in a reasonable manner and at City’s expense.
4. Contractor must fully cooperate with any such audit(s).
5. City will notify Contractor in writing of any exception taken as a result of an audit.
6. During required audits, in accordance with this article, discloses overcharges (of any nature) by Contractor to the City of the value of that portion of the Agreement that was audited, the actual cost of the City’s audit shall be reimbursed to the City by Contractor for the entirety of the term including all extensions.
RFP 24-027
City of Santa Ana
EXHIBIT B
CONTRACTOR’S PROPOSAL
Elite Charter 7111 Garden Grove Blvd Garden Grove, CA Timothy Pagano, Deputy Director of Parks, Recreation & Community Services City of Santa Ana Parks, Recreation & Community Services 20 Civic Center Plaza Santa Ana, CA 92701 Dear Prospective Client, Thank you for the opportunity to bid on this RFP. This letter is to give an insight into the standards and practices that we have in place to ensure your safety and comfort while in our hands. We believe that in order to ensure each trip is a total success there must be but we strive for a million and one! From the time you email or call to book your transportation until you are delivered to your destination it is our belief that you will be treated to service and accommodations that are first class and second to none. We are growing at Elite with our contracted work and with that comes experience. Though we as a company have been around for many years it has been more on the retail side. We started to expand our shuttle services; and grew into the SPAB sector which has been very rewarding. We now are thriving with our contracted districts and expanding as we grow. I will dedicate my time and knowledge to making the needs of the City of Santa Ana a priority. I have worked in charter transportation for close to 16 years. I come from the San Francisco Bay area where I have implemented many commuter shuttle routes for large tech companies, airport shuttle routes that run for 20 hours a day with multiple hotel pick-ups and intercampus shuttles for UCSF. My goal was to bring my logistics management experience to Elite and help grow the company and we are succeeding in regard to that challenge. I have used many GPS platforms before and even used passenger ridership tracking software in the past. Currently we have Azuga in all our buses. Our fleet is well taken care of, and our charter buses are all 2018 or newer with impeccable maintenance records. We look forward to serving you. Please do not hesitate to give us a call should you have any questions regarding the information herein. Sincerely Cenk Ozkay
OTHER:(Per accident)(Ea accident)$$THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.$$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMITAUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOOFFICER/MEMBER EXCLUDED?DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPER$EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDED RETENTION $$PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)CLAIMS-MADE OCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC HIREDAUTOS ONLYproof of coverage
Elite Executive Charter, LLC. 38776
1,000,000W350BF2301015ST11201-01
11090Lloyds of LondonSiriuspoint America Insurance Company5,0005ST11201-01Incline Casualty Ins Comp2,000,0001,000,0002,000,000100,000Each VictimLess $2,500 Ded [email protected],000,000
17853 Santiago Blvd Ste 107-23392705A $1,000,000
Cowan Heights
$305.0005ST11201-0106/01/202401/24/2025
Michael Scott Greenwood 714-744-41192,000,00092861Michael Greenwood13281 Eton PlaceA 02/23/2023 Villa Park4,000,000A 02/23/2024BA 4,000,00001/24/2024
04/23/2024
CSexual Abuse & MolestationComp & Coll08/12/20243,000,00001/24/20251,000,000WC11653200 714-744-425501/24/202501/24/202401/24/202506/01/202301/24/2024