Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AGMT - Cabco Yellow, Inc., dba California Yellow Cab (Professional Senior Transportation Services)
PROFESSIONAL SERVICES AGREEMENT for Professional Senior Transportation Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Cabco Yellow Inc., dba California Yellow Cab 520 W. Dyer Road Santa Ana, CA 92707 (714)427-2555 This Professional Service Agreement ("the Agreement') is made as of May 24, 2021 (the "Effective Date"), by and between Cabco Yellow Inc., dba California Yellow Cab ("Contractor"), a California corporation, and the City of Seal Beach ("City'), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional senior transportation services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025, City desires to engage Contractor to provide professional senior transportation services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents,thai the principal members of its firm are qualified professional and are fully qualified to perform the services contemplated by this Agreement in a good and: professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the lomm'ises,, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services (collectively "Services') set forth in the Request for ,Proposal and Contractor's Proposal attached hereto as Exhibit and Exhibit B, respectively, and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement, to City to enter into this Agreement, Contractor hereby represents that it has the. experience necessary to undertake the Services to be provided: In light of such status and experience, Contractor hereby covenants that it .shall follow the customary professional standards in performing all Services. The City relies ;upon the skill of Contractor; and Contractor's `staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at: all times, meet or exceed any and all applicable professional standards of care.. The acceptance of Contractor's work;by the City'shall not operate -as a release of Contractor from such standard of care and workmanship. 2of15 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and. in writing. The City Manager .may authorize extra work tofund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of ,this Agreement shall commence as of the Effective Date and shall continue for.a term of three (3) years ("Original Term") and shall expire at midnight on May 24, 2024, unless sooner terminated or extended as provided by this Agreement. 2.2. The City,. at its sole option, may electto extend the Original Term of this Agreement, upon the same terms and conditions, for up two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term, extending from May 24, 2024 through and including. May 24, 2025, .unless_ sooner terminated or extended pursuant to this Agreement. IYtimely elected by the City, the second extension shall be from May 24, 2025 through and including May 24, 2026, unless sooner terminated pursuant to this Agreement,Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit B for the Services _but in no event will the City pay more than the total not -to -exceed amount of $180,000.00 (One Hundred Eighty Thousand and 00/XX.dollars) for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2:2 of this Agreement, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set,forth in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of'$60,000.00 (Sixty Thousand and 00/XX dollars) for each extension. 3.3. Contractor will not be compensated for any work performed not specified: in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approvedat the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council 3of15 ,pursuant to this Section will be compensated in accordance with the fee schedule set'forth in Exhibit B. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the=end of the month during which therServices were rendered and shall describe, in detail the Services rendered during the period', the days worked, number of hours worked; the hourly rates charged, and the Services performed for each. day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable. business hours all records, invoices, time cards; cost control sheets and other recordsmaintained by. Contractor in connection with this Agreement City's rights under this Section 4.2 shall,survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable..cause, upon giving the other party written notice thereof not less than 30 days' prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy; 5.3. In the event of termination, City shall compensate Contractor for all services satisfactorily performed up to the date of termination. City shall not be obligated to Contractor for services performed after the date of termination. Contractor shall deliver all records, equipment and materials (to the extent equipment and%or materials are owned by City), finished or unfinished documents; reports, photographs, films, charts, data, ^studies, surveys, drawings, models, maps, or other documentation related to the performance of this Agreement to City within three (3) business days of the date of termination. Neither party shall have any other claim against the other party by reason of such termination. 4of15 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Tim Conlon is the Contractor's primary representative for purposes of this Agreement. Tim Conlon shall be responsible during the term of this Agreement for directing all activities `of Contractor and. devoting sufficient time to personally supervise the :Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail , first class postage prepaid and addressed to the party at the following addresses;' To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Cabco Yellow Inc., dba California Yellow Cab 520 W. Dyer Road Santa Ana, CA 92707 Attn: Tim Conlon, President 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless^of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractors employees or other personnel under Contractor's supervision, and -Contractor and all of Contractor's personnel shall possess the, qualifications, permits, and licenses required by State and local law to perform such 'Services, including, without limitation, a City of Seal Beach business license as .required by the' Seal Beach Municipal Code. Contractor will determine'the means, methods, and, details by which Contractor's personnel will perform the Services. Contractor shall be solely responsible for the satisfactory Work ' performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 5of15 8.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall atall 'times be underContractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's' .employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the. Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services,off of City premises at locations of Contractor's choice, except as otherwise may from°time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by, law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement,or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation,. statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to; eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8,4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this 6of15 Section 8.0. In addition to all other remedies available under law, City shall have the right, to offset against the amount of any fees due to Contractor under this Agreement anyamount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement,or indemnification arising under this Section: This duty of indemnification is in addition to Contractor's duty to defend, indemnify and .hold harmless as set forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS', and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of'PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement .shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Contractor shall defend (with legal counsel approved by City,'whoseapproval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 Confidentiality Contractor acknowledges that officials and employees of Contractor in 'the course of their duties may have access to financial, accounting, statistical, medical and other personnel data of private individuals and employees of City. Contractorcovenants that all data, documents, discussion, or other information developed ,or received by Contractor' or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without, prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City -data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 7of15 11.0 Subcontractors No portion of this Agreement shall be approval of the City. Contractor is fully of any and all subcontractors. 12.0 Assignment subcontracted, without the prior written responsible to City for the performance Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent.shall be void and without effect. 13.0 Inspection'and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including lbut expressly not limited to, all Servicesperformed, salaries, wages, invoices, time cards cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all timesAuring regular business hours, Contractor shall provide City with free access to such :records, and the right`to.examine and audit the same and to make copies and transcripts as. City deems necessary, and shall allow inspection of all program data, information; documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records :and all other records related to the Services and performance of this Agreement for at least five (5), years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13;0 shall survive for (5) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work ,performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 8of15 15.0 Insurance 15.1r:l Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement.on forms satisfactory to the City. The certificates and endorsements for each, insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences.. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than XVIII, licensed to do business in California, and satisfactory to the City:. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and if Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds, (2) AutomobileLiability: Insurance Services Office Business Auto Coverage form number CA 0001„ code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Contractor shall maintain. limits no less'than> (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability' $1;000,000 per accident for bodily injury, and property damage; and (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease, and if a "claims made" policy is provided, then the.. policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to.state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has.been.given ;to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not 9of15 affect coverage provided to the:City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken 'chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon'to contribute with it; (4) for general liability insurance, that the, City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials,, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials,, officers, employees, agents and volunteers shall be covered;as additional insureds with respect to the ownership, operation, maintenance; use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 15.4. All insurance required by this Section shall contain standard ;separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the 'City, its directors, ,officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related, investigation costs, claims and administrative and defense expenses. 16:0 Indemnification, Hold Harmless, and Duty to Defend The provisions of this indemnity provision are intended by the Parties to be interpreted and construed ito provide the fullest protection possible under the law to the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 1.6.1. Indemnification. To the fullest extent permitted by law, the Contractor shall, at sole cost;and expense, protect, defend, hold harmless and indemnify, the City, its elected.and appointed officials, officers, attorneys, agents, employees, designated volunteers successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in'this Section 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated 10 of 15 therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions,, or willful misconduct, of the Contractor, and/or its directors, "officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their directors, officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the' legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the City or any of the other Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any. Claims with counsel acceptable to City (whose consent shall not be unreasonably withheld) or at the City's option reimburse the City and other Indemnitees their costs of defense using counsel of their choice, including.butnot limited to+all reasonable attorneys' fees, experts' costs and court costs actually incurred by the City and the other Indemnitees in connection with such defense. 16.2. Subcontractor Indemnification, Contractor shall obtain executed indemnity agreements with, provisions identical to those in this Section 16.0 from each, and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in Jaw or equity, whether actual, alleged,or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for claims arising from the sole negligence or willful misconductofthe City or other Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.3. Insurance Not Limiting. The obligations of Contractor under this or any other provision of this Agreement shall not limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation. set forth in,this Section 16.0 shall not be limited by the limits of any policies of insurance required or ,provided by Contractor pursuant to this Agreement. 16.4. Survival. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of thisAgreement. 11 of 15 17.0 Equal Opportunity and Nondiscrimination 17.1_ Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not "discriminate,, harass or retaliate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, physical disability, mental disability, medical condition', genetic information, ancestry, sex', gender, sexual orientation, gender identity, gender expression, marital status, age, military or veteran status, or any other basis protected by federal, state or local laws, including but is not limited to, in all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, ortermination. 17.2. .Contractor warrants that in providing the Services, Contractor shall not discriminate; harass or retaliate against any.customer, patron, client, or!other member of the public because of race, religion, color, national origin, handicap, physical disability, mental disability, medical, condition, genetic information, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, military or veteran status, or any or other basis protected by federal, state or local laws. 18.0 Workers' Compensation Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer;to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance:of the Services. 19.0 Background Checks Contractor shall be registered with the Department of Justice as a Human Resources Agency. Contractor shall at a minimum perform background checks on drivers utilizing a vendor such as Live Scan to ensure that drivers with inappropriate backgrounds are not -employed to provide Services under this Agreement. Drivers shall have no felony conviction history consistent with Contractor's obligations under Government Code Section 12952. 20.0 Warranty Contractor warrants that it shall perform the Services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages, occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, .State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, 12 of 1'5 payments; suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performanceunder this Agreement. 21.0 Non -Exclusive Agreement Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 22.0 Time of Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing may not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.. 23.0 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. 24.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 25.0 Venue and Governing Law This Agreement is made, entered into, and executed in Orange County, California,. and any action filed in any court or administrative agency for the interpretation, enforcement or -other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court or administrative agency in Orange County, California. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 26.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 13 of 15 27.0 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. 28.0 Prohibited Interests; Conflict of Interest 28.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any, manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall"be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term ofthis Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§'1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 28.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this,Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, Cityshall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contiactor hereunder the full amount or value ofany such fee, commission, percentage or gift. 28.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete; written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 29.0 Attorneys' 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 14 of 15 the.losing party all of its attorneys' fees and other costs incurred in connection therewith. 30.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 31.0 Corporate Authority The, person executing this, Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement,on,behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH 0 0 Gloria D. Harper, Approved as t For By: aig Steele, City Attorney CONTRACTOR: Cabco Yellow Inc., dba California Yellow Cab, a California rr `?By: Name: <nv,% o Its: I1c6biaO-V% fPfease note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories., (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 15 of 15 EXHIBIT A Request for Proposals City of Seal Beach Request for Proposals for Senior Transportation Services RFP responses to be received until 2:00 P.M., March 3, 2021 in the Public Works Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising: Iris Lee City Engineer Date Issued: February 3, 2021 Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VIL FEE AND COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS - EXHIBIT A — Sample Contract )ample contract omitted from Exhibit.A Request for Proposal attachment. P&WAD Wim REQUEST FOR PROPOSALS FOR SENIOR TRANSPORTATION SERVICES ALL INTtERESTEi),FARTIES MUST'REGISTER BY EMAILING ileegsealbeach-6a':gov:. . COMMUNICATION'ANl).ADDENDA,.IF ANY, WILL;BE DISTRIBUTED.T.O REGISTERED ` _ _ ,. F,ARTIES VIA EMAIL FRQVIDED. INTRODUCTION The City of Seal Beach (City) operates a Senior Transportation Services program (Program), for qualified and registered residents. This program is partially funded by Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP) funding, and shall adhere to all program requirements. The City formally contracted Senior Transportation services that provided both shuttle and on -demand rideshare services (Dial -a -Ride). This vendor has since terminated its contract. Due to extenuating circumstances, OCTA has allowed the City one year to procure a contract vendor to continue providing' services. The City currently has an interim Dial` -a-Ride service in place. The. City is seeking one or more contractors who would be able to provide (1) shuttle service, and/or (2) Dial-a- Rde:service for an anticipated term of three (3):years, with an option to extend. The final agreement amount and term will depend:on'the quality, diversity, and responsiveness of the proposals. The City reserves the right to not accept the Contractor's proposed scope and fee, and to let any project for competitive bid at the discretion of the City. II. QUALIFICATIONS Minimum Qualifications • Valid license of operations for the work to, be conducted. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Ability to meet the Qualifications and Expertise detailed in this RFP. Desirable Qualifications • Knowledge and experience working in the City of Seal Beach. Knowledge and experience with similar community transit programs. Knowledge of Seal Beach areas, in particular, Leisure World. III. SCOPE OF SERVICES The City of Seal Beach. Senior Transportation Services program (Program) typically operates, Monday through Friday, 7:30 a:m. to 5:00 p.m. Days and times may vary due to demand. It is envisioned that there will be two (2) components to the Program — (1) shuttle service that operates a fixed route within the City; and, (2) on - demand Dial -a -Ride service. The Program is free of -charge to all qualified registered users. To qualify, one must be a Seal Beach resident age 6Q and over. Residents must register through the City to use the Program. Registered users will be issued a unique ID number. Shuttle Service. Prior shuttle services included the following routes. These routes are subject to change • Thursday Shopper Shuttle: Leisure World, Main Street, Seal Beach Pier • Senior Nutrition Program: Leisure" World, Rossmoor Shopping Center The shuttle services, averaged approximately 250 vehicle service hours per month under pre-COVID-19 pandemic conditions. Dial -a -Ride The Dial -a -Ride program averaged approximately 75 vehicle service hours per month under pre-COVID pandemic conditions, running concurrently with the shuttle service. Registered users may use this program for travel within the Seal`Beach city limits, There are three (3) exceptions for travel outside of city limits: 1. VA Hospital in Long Beach 2. Los Alamitos Medical Center 3. Up to three (3) miles outside the City limits for non -emergency medical purposes Contractor may propose owthe Shuttle Service;, Dial -a -Ride Service, or both. The following sections describe the qualifications and tasks required by this Program, at a minimum. 9 _11101; _19ZOEM6(vt ru4 Billing Form, Records and Reports: The Contractor shall maintain a record of all work performed, including but not limited to miles per trip, service hours per trip; type of trips, cost pertrip, on-going updated registration list, and any other metrics requested by the City to fullyand completely meet OCTA reporting requirements. A copy of such record shall be provided to the City with the monthly invoice on or before the 10`" business day of the following month.' Contractor shall maintain such record through the term of the Agreement, plus five (5) years after Contract termination. Contractor shall provide a billing form and progress payment form approved by the City. Staffina Reauirements Contractor shall provide the necessary, management and administrative personnel whose expertise will ensure efficient operations of Program. The City, recognizes that a high quality operations begins with key personnel. As such, a.minimum level of staffing is described below: Project Manager: The Project Manager will be the person in charge of all management and day-to-day operations. The Project Manager shall maintain consistent and sufficient contact and communication with the City's designated point of contact. Reservation, Scheduling, and Dispatch'Staff: Contractor shall provide adequate staffing to ensure efficient and timely administration of reservations, scheduling and dispatching of service trips/drivers in accordance with the service schedules and policies set forth by the City. At a minimum,°these staff will have the following responsibilities: Reservations • Maintain and update list of registered users • Handle telephone requests and inquiries so as to maximize customer service, giving timely, accurate and courteous service • Carry out trip reservation activities in,a manner thatwill'maximize productivity • Ensure that the City's and OCTA'spolicies and procedures are followed. Scheduling • Manage Program services in accordance to City's and OCTA's policies and procedures. Receive, approve, and process requests for service • Review and refine daily trip itineraries ensuring the most efficient and effective travel patterns • Initiate client call. back regarding discrepancies and/or schedule changes • Administer and process cancellations, track passenger no-shows, mailing letters, and making phone calls PUBAG works Dispatching • Schedule, and _assign drivers and vehicles in accordance with the service hour schedules and scheduled trip,each day • Ensure that all scheduled trips are promptly executed • Assist drivers while they are on service to carry out assigned trip on-time, providing address assistance and,telephoning passengers, as needed • Monitor the performance of scheduled trips,. reassigning trips and/or adjusting the number of vehicles in services, as necessary, to ensure on-time performance in the most efficient and effective manner Drivers • Drivers must be legally licensed and properlyinsured to operate a bus, taxi, rideshare,;and/or applicable; modes of transportation in the State of California as,well as maintain any other licenses or certificates' required by, applicable federal, state, or local regulations • Drivers must be in good standing with -the DMV • Drivers must be able to speak, understand, and read English adequately • Drivers are required to treat all passengers with respect and courtesy Dress and Appearance Standard • Contractor shall provide a uniform to be worn by all drivers when operating a vehicle in City service that will convey a professional image It is the- Contractor's responsibilityto see that driver's uniforms remain in good repair, and do not appear old or worn out. Uniforms that are not in good repair must be replaced Personnel Policies • Contractor shall have in effect personnel policies that conform to all local, state, and federal laws including, but'not limited to, all regulations concerning Equal Employment Opportunities, FTA Drug and Alcohol Regulations, Compensation,; Worker's Compensation, and other regulations, as appropriate • Contractor shall maintain at all times a current list of personnel assigned to the Program and provide the City with an updated roster of all drivers each month • Purchasing or consuming illegal substances or alcoholic beverages while in uniform shall not be allowed. It shall be Contractor's responsibility to terminate any employee doing so • City promotes.and supports a smoke-free work environment. There is no smoking allowed on vehicles used to provide the City's transportation service • City retains the right to review Contractor's personnel policies and the list of personnel assigned to the Program Removal of Drivers • City may require that any driver be removed from; transporting City customers for excessive complaints, rudeness, or other'inappropriate behavior or appearance. D AV=f11 6 Any driver receiving three or more valid customer complaints within a rolling 30 -day period will be subject to a thirty (30) day probation period. The City will notify the Contractor, in writing, of any driver determined unsuitable. Within ten days of receipt of such notice, Contractor shall, at its sole discretion, either propose to replace the driver or present to the City.a plan for correcting the driver's performance deficiencies. if either the City rejects the plan or the driver's performance deficiencies are not corrected to the City's satisfaction within ,the 30 -day plan period, the Contractor shall immediately replace the driver. Driver Feedback As drivers are the first line out in the field, driver feedback about schedules, customer needs, vehicle maintenance and working conditions,is imperative. The Contractor must have on-going mechanisms, including monthly driver meetings evaluate driver feedback. The City shall be allowed to participate in monthly driver meetings. Traininq and Safety Programs State and Federal Regulations 1. Motor Vehicle'Codes - All Contractors are to comply fully with local, state and federal vehicle code regulations pertaining to the licensing and operations of vehicles. 2. Drug -Free Workplace - The Contractor shall comply with all local, state and federal requirements for maintaining a drug free work place and all, applicable local, state and federal drug testing regulations, . 3. Contractor shall. maintain a Program services safety policy. 4. Contractor shall maintain its vehicles and provide all services in compliance with the Americans with Disability Act. 5. California OSHA - Contractor shall comply with all California OSHA requirements. Reservations; Schedulinq and Dispatch Transportation Service Scheduling Contractor shall provide a dedicated "toll-free' reservation number for the Program. Reservations shall betaken by qualified and trained personnel to answer and properly respond to all telephone, facsimile and TOO calls for trip reservations, cancellations, ride check status, service inquiries, and general information requests. Automated reservation systems are not acceptable. Scheduling is to be based upon 24-hour advanced reservations, unless Contractor is available to schedule within a shorter reservation window. Same'day pickup options is desirable, but not mandatory. In r % a �sbBBc f�®r�rs Reservations staff shall at. a minimum be on -duty during the hours of 7:00 a.m. to 6:00 p.m. on weekdays. Cancellations can also be taken by voice mail. Cancellations received during the weekend for a Monday ride must be processed to avoid unnecessary no-show activity on Monday. Dispatching Contractor shall provide qualified and trained personnel to: • Schedule and assign drivers and vehicles in accordance with the service hour schedules and scheduled trips for each day • Assist drivers while they are in service to carry out the assigned trips on-time, providing address assistance and telephoning passengers, as needed • Monitor the performance of scheduled trips, reassigning trips and/or adjusting the number of vehicles in service as needed to ensure on-time performance in the most efficient manner Ensure that unanticipated service demands, passenger and vehicle accidents, other events and general service delivery are.handled appropriately • Be available between the hours of 7:30 a.m. and 6:00 p.m. Monday -Friday, excluding weekends and holidays • Ensure that the City's policy of "No stranded passengers" is achieved Vehicle Operations: Service Schedules Service schedules are subject10 change due to varying factors. Contractor shall cooperate with City to revise and refine the service levels, as required by the City. In the evenYthat major changes, increase or decreases, are required from the service levels specified by the City, in most cases the City will give the Contractorat least 5 working days to respond to major changes requiring more drivers or major adjustments to work shifts. As little as 24 hours' notice may be given to respond to minor adjustments. The Contractor shall not supply vehicle service hours/trips without City approval. Such hours will not be paid for by the City. Driver Trip Sheets Drivers shall maintain a detailed log of trips completed in order for the City to track changes in service levels and needs. M Vehicles Fuel The City will provide the following 17 -passenger wheelchair accessible vehicles for theuse under the 1. 1997 Ford E-450 with a 7.31 Diesel engine 2. 1997 Ford' E-450 with a'7.31 Diesel engine 3. 2008 Ford E-450 with a 6.81 Gasoline engine Vehicle will be delivered in good working order. No communication radio will be provided with the vehicles. The Contractor will be responsible for providing all fuel necessary to operate City -owned and/or Contractor -owned vehicles under this Program. Back -Up and Overflow Service In an effort to reduce the number of unmet transportation needs and to increase the overall efficiency of service delivery, Contractors are encouraged to "propose the use of supplemental sedan and taxicab services or other innovative practices to supplement regular transportation services. Vehicle Storage The vehicle shall be stored at the Contractor's facilities. The Contractor's yard shall not be more than 40 miles away from the City of Seal Beach. Performance: Standards -Management & Operations Contractor shall strive at all timesto provide service in a manner that will maximize productivity and customer service. Continued nonperformance of Contractor and/or violation of service standards may result in contract termination. Annual Review: of Standards The City may from time to time review the standards established for the Program to ensure those standards are met. In consultation with Contractor, the City may, at its discretion, adjust standards, and penalties to ensure and encourage increased efficiency and improved performance of services. Data Collection/Reporting: Dispatch Log Contractor dispatch staff shall. create and maintain a daily dispatch log that records the basic services C7 provided on that day and, particularly, any and all accidents, incidents, road calls and other unforeseen events that.may have occur and any response taken. On a monthly basis; Contractor shall provide the City an electronic copy of all dispatch logs for that month in a format acceptable to the City. Accident Reporting and Follow Up Contractor shall.notify the City within 24 hours of any accident/incidents, including: • Collisions between a vehicle and another vehicle, person or object. • Passenger accidents, including falls to vehicle passengers who are entering, occupying or exiting the vehicle. • Disturbances, ejectment, fainting,; sickness, deaths or assaults. • Accidents the driver witnesses. • Passenger complaints of injury or property or other circumstances likely to result in'the filing of claims against the Contractor or City. • Any passenger, driver and service complaint that arises from an accident. The Contractor shall ensure proper follow up on any accidents or incidents, where appropriate, to ensure that any unresolved safety hazards or liability issues are addressed. Contractor shall provide copies of reports to the City. Daily and Monthly Operations Reporting On a monthly basis, Contractor shall prepare a,Monthly Operating Report which shall be submitted to the City with the monthly invoice on or before the 10t6 business day of the following month. The Monthly Operating Report shall include, at a minimum; the following data: Operating Data: Vehicle Service Hours Total Passengers Total Trips Trip Type/Reason No -Shows Canceled Trips Missed Trips Fare Revenue Received (when collected) Telecommunications: Calls accepted Calls answered Average wait time for answered calls Public Warks Maximum wait time for answered calls Averagecalllength Average number of agents on duty Additionally, the Monthly Operating Report will be accompanied by an electronic copy of the Dispatch Logs for the month just completed as well as the revenue collected from fare proceeds. All data collected by the Contractor shall be available upon request for audit and inspection by the City, OCTA or any other governmental agency. Accounting All service costs incurred in the performance of this, Agreement; shall be recorded In an account separate from those used for other business activities of the Contractor and shall be available for inspection or audit during normal business hours upon City request. Invoices and Billing All relevant back-up documentation, including monthly operations summaries, must be included with invoice. Invoices shall be submitted'to"the City within ten (10) days of the close of the month's billing cycle. Vehicle Maintenance Services: Vehicle Maintenance Vehicle maintenance shall be provided by and the sole expense of the Contractor. The City reserves the right to inspect the vehicles at any for vehicle cleanliness or other maintenance needs. Through an approved PreventiveMaintenance program, the Contractor shall cause all components of each City -and/or Contractor -owned vehicle used for the Program, including its body, frame, furnishing, mechanical, electric, hydraulic or other operatingsystems to be maintained in proper working condition free from damage and malfunction. Any, significant vehicle damage caused in any accident or otherwise shall require_ the Contractor to immediately :repair such damage, which is determined to impair safe mechanical operation of the bus. No vehiclesshall be; operated in revenue service that has body, paint, or interior damage unless special permission has ,been granted by the City due to extraordinary circumstances. In no event shall the City be required to repair, replace, or maintain any vehicle. The Contractor, at Its sole cost and expense, shall maintain all necessary equipment and parts for the proper maintenance and operation of all vehicles under this Program. Vehicle Cleanliness, Aesthetics Requirements To facilitate customer service and improve vehicle life, it is imperative vehicles remain clean and free from body damage. Vehicles are subject to City inspection and shall by immediately remedied as noted by the City. 11 Daily'. Vehicle Cleanliness Standards Vehicles shall be cleaned on a daily basis in a manner which maintains cleanliness via the following guidelines: Clean inside of all windows, removing all dust, fingerprints and head prints. Remove all dust from seats, dashboards, wheel wells, rails, ledges. Sweep all.floor areas; mop all liquid spills. Ensure vehicle is free of all paper, gum and debris, etc. Repair all damaged seats. • Daily removal/repair of graffiti. Monthly. Mai or Cleaning Standards At minimum, every 30 days the interior of the vehicle:will receive a complete, major cleaning which shall be documented in writing listing the coach number and date of major cleaning. This documentation shall be submitted to the City. The monthly major cleaning shall consist of all the items included in daily cleaning standards as well as: • Clean the ceiling, sidewalls, windows, ledges and dash. • Clean all seats. • Mop the floor; remove all gum and apply light coat of nonskid wax, after stripping old wax from the floor. Preventive Maintenance/Maintenance Repair Procedures Contractor's Preventive Maintenance/Repair Program shall include procedures to address repair and maintenance, of all vehicles, including is not limited to, the following: daily pre -trip inspections and checklists to identify each vehicle component and system inspected; scheduled preventive maintenance that meets or exceeds vehicle manufacturer's standards, maintenance of maintenance records for each vehicle for five years; and cooperation for any required annual inspections conducted; by the California Highway Patrol. Contractor's maintenance records shall be made available to the City at all times. Contractor shall be responsible for all costs of preventive and regular maintenance to City -supplied vehicles and/or Contractor -supplied vehicles. Contractor shall strive at all times to provide vehicle maintenance services in a manner which will maximize program efficiency, vehicle reliability and operating safety. IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: ,..1,r1 Public Works Iris Lee. Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal.Beach, CA 90740 ileela) sea Ibeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by February 23, 2021. V. SCHEDULE The following dates reflectthe anticipated schedule! • Request for Proposal Solicitation • Pre -Proposal. Question Deadline • Proposal Submittal Deadline • Contractor Interview (if conducted) • Contract Award by City Council • Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 2/3/2021 2/23/2021 31312021, 2.00 p.m. March 2021 April 2021 May 2021 Proposals are,due.by 2:00 PM on March 3, 2021 to the following". Postmarks will not be accepted. Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach; CA 90740 ilee aa)sealbeachca.gov (562) 431-2527 ext. 1322 Please submit one (1) unbound original, two (2) bound Hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed, or implied obligation for City reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to 'public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. 13 MAIC I►®rars The City reserves the right to retain all, proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). Information to be Submitted The following information shall be provided,, at a minimum: Cover. Letter Sample Letter Proposal Table of Contents Cost Proposal Company Qualifications Exceptions Local Staffing List Business Entity Understanding/Approach DIR Registration Number/Contractor's License References Contract Signatories Cover Letter: Cover letter shall not exceed.two pages. It,shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table -of Contents: The table of contents shall list,the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a.summary of`the Contractor's qualifications, including background and experience. Contractor shall also provide the following information: (1) List all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years. (2) List the dates of any voluntary or involuntary bankruptcy judgments against any the company and/or principal having an interest in this Bid. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor's firm and the Contractor's project manager. Understanding/Approach; Describe the Contractor's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the, Contractor will approach the scope of services and each task 'needed 'to complete the project. Any task assumptions and/or exclusions shall be clearly identified. 14 l' j 'tea...,,' ✓f,' References: Contractor should provide a minimum of three (3) references the Contractor has performed similar work for within the last five (5) years. Information shall include, at a minimum: • Agency/Company name • Scope of work and/or services provided • Contract value • Dates • Client project manager name, valid telephone number, and email Cost Proposal: Contractors will be required to-submit.a "Cost Proposal for Senior Transportation Services'. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed on the Cost Proposal. Exceptions: The Contractor shall review this RFP and attachedsample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions maybe negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). DIR Registration/Contractor's License: Clearly indicate the Contractor's Department of Industrial Relations registration number for the prime/sub-Contractor, and provide the Contractor and sub -Contractor's license information. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE,AND COST PROPOSAL In preparing the fee.and cost proposal for this project, the Contractor shall take into consideration the following: 1. Compensation for services, and any optional tasks, provided will be on a time -and -materials. 2. Fee proposal and ;billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year. 3. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor. VIII. INTERVIEW Top ranked Contractor'team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION' PROCESS Proposals will, be evaluated on the basis ofthe response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarilyan all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right:to'modify the"evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that,, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. P;OTENTIALfVALUATION CRITERIA 1. Completeness of Response (Pass/Fail) Responses,to this RFP must be complete_ Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria; and may receive. no further consideration. 2. Qualification, Experience, & Background a. Relevant experience, specific qualifications, and technical expertise of the Contractor to perform the work. b. Contractor's background,.including financial condition, litigation, and claims. c. Experience workinguwith OCTA's Senior Mobility Program. d. Local presence and, familiaritywith the City of Seal Beach. e. Contractor's experience. working ,in the public sector and knowledge of public sector procurement, processes, in.particular City of Seal Beach processes, and policies. f. Quality of references the Contractor currently or have previously provided similar transportation services for in the past five (5) years. 3. Organization & Approach a. Contractor'srange of providing shuttle and/or dial -a -ride service. b. Contractor's.ability to demonstrate the most efficient and effective program utilizing City fleet or Contractor -furnished fleet. c. Contractor's ability to provide the necessary resources towards the Program. d. Contractor's understanding of the.nature of public sector work and its decision-making process. e. A facilities inspection ma 'be:includeed as part of this section's evaluation. 4. Fee a. Cost proposal b. Ability to provide a cost effective program 16 0 11 101" 1/1 fpl All; bgl®rlrs The City reserves the right to determine whether or not a, proposal meets the specifications and requirements, of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non -emergency and pre -planned projects out for formal bidding. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may .be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Normal working hours will generally be between the hours of 7:30 AM and 5:30 PM,, Monday through Friday. The Contractor must receive the approval of the City prior to commencing Work during hours outside those stated above. b. Contractor shall maintain an adequate crew of experienced employees to perform the services required. c. Contractor will be required to supply a list of vehicles/equipmentowned and available for Work. d. Contractor will be required to.supply a list of references for similar work performed. e. Contractor will be required to supply additional experience references, if requested. f. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. g. Contractor shall be responsible for Contractor,s.compliance iwall respects with the prevailing wage rates to all the laborersinvolved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of 'Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. h. Hourly rates .and unit prices quoted shall include all labor, equipment and material required, unless otherwise stated. i. Contractor shall protect any and all public and private property. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. Contactor shall adhere to all Cal -OSHA rules and,regulations for any and all Work performed under this Contract. k. Contractor.mustbe able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. A ax O f �ew& 6r,429,WA PERSONNEL The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Laborers The Contractor shall require each, of his/her employees to adhere to basic standards of working attire. These are to,include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other geacrequired by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times. b. Typical Tasks Contractor shall supply staff with the necessary skills to perform duties in connection with Program services. c. Licenses Contractor shall possess all valid'licenses and insurances issued by the appropriate agency by the time of proposal submittal and shall remain valid for the term of the. Agreement. Contractor shall have a valid City of Seal Beach business license for the term of the Agreement, if selected. Contractor and applicable Contractor's staff will be required to possess a valid and current California Driver License, including all insurances as required by the City. EQUIPMENT The, contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. The. Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by Contractor's staff performing the Work. The Contractor's Project Manager shall check with the City bi-weekly as to (1) schedule of Work; (2) complaints, and (3) adequacy of performance. The,Contractorshall submit such reports as the City may require ensuring Program compliance. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers'who can be; called for emergency conditions at, any time that Contractor's representatives are not immediately available. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for 0 46�0 92®ibB/P. iili;y service, etc. (an answering service will not .be considered sufficient for this purpose) during normal City business hours. Normal City business hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. XI. GENERAL CONDITIONS A. Signature The Proposal.shall be signed by an individual authorized to bind the Contractor. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response,to this RFP. The City reserves the right to accept or reject any and .all proposals, or any part 'of, or waive any informalities or irregularities. The -City reserves the right to withdraw, to cancel this!RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The. Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www. sea lbeachca.gov. D. Labor Law Compliance Consultant shall perform the "services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and. wages; occupational health and, safety; fair employment and employment practices, workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including attorneys' fees and costs, presented, brought, or recovered `against City for, or:on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. E. Criminal, History Background Investigation Contractor shall be registered with the Department of Justice as a Human Resources Agency. Contractor shall at a minimum perform background checks on drivers utilizing a vendor such as Live Scan tocensure, that drivers with inappropriate backgrounds are not employed to provide Services under this Agreement. Drivers shall have no felony conviction history consistent with Contractor's obligations under Government Code Section 12952. 19 EXHIBIT B Contractor's Proposal Senior Mobility Program City of Seal Beach February 25, 2021 Table of Contents CoverLetter..................................................................................3 CompanySummary......................................................................5 Project Summary & Proposed Operational System.— .... ................... 7 References..................................................................................15 ProposedStaff............................................................................17 2 California Yellow Cab 520 West Dyer Road Santa Ana, California 92707 714.427.2555 www.CaliforniaYellowCabxom February 25, 2021 Iris Lee, Deputy Public Works Director/City Engineer City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Ilello Ms. Lee, Cabco Yellow Inc., dba California Yellow Cab (CYC) would kindly like to express interest in providing transportation services to the City of Seal Beach. The proposal shall remain valid for a period of not less than 120 days from the date of submittal. In business since 1995, CYC has a long history of providing transportation services that go far beyond the traditional forms of taxicab services. Early in the company's history, we identified underserved segments of Orange County's population, and sought to craft an on -demand service option for those affected by the challenges of public transportation. Today, CYC remains the largest and most adaptive taxicab fleet in the county, providing seniors and paratransit passengers the opportunity to get where they need to go, without doing so according to a bus schedule. We are confident that at CYC we have the dedicated drivers and representatives to complete all tasks. In addition, our drivers not only are professional, but they will treat seniors with respect, help them in and out of the vehicle if permitted, have patience, and drive cautiously at all times. Currently, we are contractors to the City of Seal Beach along with numerous senior transportation programs in the county including Brea, Cypress, Fountain Valley, Fullerton, Laguna Hills -Mission Viejo, Orange, Garden Grove, Laguna Niguel and others. CYC is delighted to have the opportunity to submit this Proposal to you and we welcome the opportunity to continue to meet the transportation needs of seniors in your fine City. Sincerely 11- ^ � Tim Conlon President 520 W.Dyer Road, Santa Ana, CA 92707 T714.427.2555 X112 teen lonCeiicave I Iow.com Company Summary Legal Name of Company: Cabco Yellow. Inc. Dba Name of Company: California Yellow Cab 520 W. Dyer Rd Santa Ana, Ca 92707 www.CaliforniaYellowCab.com Dispatch Phone Numbers: (714)444-4444 (949)444-4444 (657)444-4444 (877)935-5692 Name and Title of Person Completing Proposal: Tim Conlon, President P (714)427-2555 Ext. 112 F (714)438-0405 tcon lon ca7.cayel low. com Employer Identification Number: 33-0723354 Statement of Ownership: Cabco Yellow, Inc. is a California S -Corp, Wholly owned by William Rouse 5 Years in Business: Since 1995; 25 years Failures or Refusals to Complete Any Contracts: None Arbitrations; lawsuits, settlements, etc. in the last 5 years There is no pending litigation or arbitration for Cabco Yellow. Inc., other than that related to normal operational vehicle accident activity which has resulted in routine litigation, which is being addressed by our company's insurance carrier. Additionally, there are no other conditions — including those identified above — that Cabco Yellow believes would impede on the company's ability to service the program. Financial Interests in Other Lines of Business: DriveU San Diego, Long Beach Yellow Cab, Administrative Services Company Orange, County Taxi Administration Program (OCTAP) Permit: EEE 9 Project Summary & Proposed Operational System for City of Seal Beach California Yellow Cab - CYC -proposes to establish a toll-free telephone number for use 1. by the Senior Mobility Program (SMP) patrons in the City of Seal Beach. By using this number, program participants may call for on -demand service with the expectation of a cab arriving at the pick-up address within sixty (60) minutes, during program service hours The phone number will automatically identify the -caller as a program participant, and the participant would then only need to provide basic trip information along with their SMP LD number. In addition to routine on -demand service, program participants may use the same phone number with the same identifying protocols for reservation service when possible, up to two weeks in advance. This can provide CYC dispatch with the ability to pre -route these trips to select drivers. Reporting and Billing Documentation and reporting on the part of CYC Is managed via our proprietary digital - dispatch system. In addition,to monthly trip data and invoicing, highly detailed electronic records are. kept in our archiving, and can be accessed and placed into a report in as little as twenty-four hours. Information submitted, stored and readily available for any reporting purposes 'include rudimentary dispatch data like passengers' names, pick-up locations, destinations, dates and times of travel, passenger ID number, and additional contact information. Additionally, this data includes GPS "ping" information from the cabs themselves that provide accurate data on the route taken during a trip, vehicle speed, performance standards data, records of customer contact including audio recordings of every call to or from a customer, and event records for each trip like times of pickups and drop offs. Complaints and Incidents All complaints will be reviewed by the Project Manager within 24 hours. From there, a remedy for the issue would be offered in addition to the City being contacted as to the status of the issue within 48 hours. Appropriate action would be taken to ensure the complaint does not arise again. in any area of our operations. We view incidents between drivers and passengers as among the most serious of problems that can occur in a program like this. CYC is a service business, and therefore any incident that may occur is not acceptable. Once a report of an incident is received, the Field Operations Supervisor will be charged with obtaining the details of the incident and following up. A detailed report of any accident, injury, or any dispute will be completed and provided to the City. Per our routine day-to-day operations, any and all accidents receive the immediate attention of CYC accident investigators. These individuals are charged with rapidly responding to an accident scene. They use the appropriate reporting protocols to complete a formal investigation report that includes interviews of affected parties, measurements of the scene and photographs of the incident and the surroundings. 8 CYC was one of the first taxicab companies in the U.S. to electronically archive all trip data and continues to do so as a matter of routine, for three years so as to permit rapid forwarding of this data upon request. Detailed itemization of trip data is included in the monthly invoicing. An accounting of ridership, in a line -by-line format is provided so as to aid in auditing and oversight of the program. Experience CYC has been in the Seniors and Paratransit transportation business since its inception some twenty plus years ago (1995), and is the current service contractor for seniors' programs in the cities of Brea, Fullerton, Cypress, Laguna Hills, Laguna Woods, Mission Viejo, Orange, Garden Grove, Rancho Santa Margarita and others. Additionally, we are the primary contractor for John Wayne Airport, a franchise in the City of Anaheim and have a number of independent private care organizations, all requiring ADA compliance and driver Sensitivity Training programs. Of particular note are the twelve years' experience servicing the 25,000 seniors residing in Laguna Woods with a consistent sub 1 %u complaint record. As the John Wayne Airport (JWA) contractor, we are continually challenged to innovate and update our fleet and methods for accommodating the traveling public. What we learn from our operations at JWA are modern fleet protocols, advanced customer service methods, situational awareness training for our staff and drivers; and skills is handling 9 seniors, developmentally disadvantaged and varying cultural expectations. These advances are incorporated into our street -fleet driver training programs and help ensure consistency throughout our fleet. Fleet and Maintenance CYC has a diverse fleet consisting of conventional sedans, 6 -passenger minivans, and ADA compliant wheelchair -access vans. The average age of the CYC fleet is 4 years. All of our taxicabs undergo a rigorous maintenance program, designed to ensure safe and dependable transportation for passengers. Records of inspections and maintenance logs are kept by our company as a permanent record for the vehicles. These records are available for City staff review upon request. The heart of our vehicle maintenance program called Preventive Safety and Maintenance Inspection (PSMI). This program is designed to identify and correct any and potential vehicle issues before they become a more serious problem. 10 All CYC cabs are professionally washed on a weekly basis and drivers are required to maintain a clean and tidy vehicle at all times. All cabs are randomly inspected in the field. Any dirty or foul smelling vehicles are removed from service right away, and re -inspected for corrections before being returned to service. California Yellow Cab has been taking the following steps to protect both the seniors and drivers from the spread of the'Covid-1.9 virus..Although it is not guaranteed that they will not be exposed, studies have shown that if followed there will be a greatly decreased likelihood of contracting the virus. Every Three Days • Vehicle is disinfected at the main office • Complete thorough cleaning of all interior surfaces • Restock of all required supplies Startof Each Day • .Driver will check supply inventory of masks, gloves,and disinfecting wipes • Wipe down of all interior surfaces • Safely dispose of any used cleaning supplies or protective equipment After Each Passenger • Using the disinfecting wipes and while wearing gloves they will wipe down passenger area. Specifically, any area of contact; door handles, window controls, credit card processor, headrest, etc. Note: While we encourage 11 the wearing of facial coverings by all passengers and will make them available for drivers to offer those passengers that do not have them it is still a personal choice that each passenger will make for themselves (unless the City requires all passengers to wear one). All CYC cabs are distinct and identical in appearance with a black lower 1/3" panel and a yellow upper body. Identifying decals are in black, and the decals are arranged in the same position on all vehicles with the California Yellow Cab logo on the front Operations Base in Santa'Ana Owned by us, our base has approximately 2600 sq. feet of office space and more than 5000 sq. feet of logistics and maintenance facilities,we employ six full-time staff members in our administrative offices and contract with a dozen more on-site fleet -maintenance technicians and specialists in our independently owned and operated service facility. All scheduled and unscheduled maintenance, with the exception of certain bodywork and machine shop work, is performed'here. Our maintenance facility is fully equipped to easily perform maintenance ranging°from routine oil changes to complete driveline and chassis rebuilds. Our shop meets all local zoning requirements and possesses the equipment and is staffed by highly trained and certified technicians. Driver Training & Policies All drivers with California Yellow Cab (CYC) are independent contractors, as is the case with all cab companies in the County. 17 All applicants must be able to produce the following: An Excellent Driving Record o Current, valid California Driver's License o Verified ten-year (H6) driving record with no more than two moving violations i x within the previous three years, and ZERO serious violations such as reckless driving, or driving while under the influence of drugs or alcohol • OCTAP Taxi Driver Permit o Pass a drug and alcohol screening initially, annually, and randomly o Be Live Scan fingerprinted with the Orange County Sheriff's Department o Successfully pass a State and Federal background check o Provide proof of legal°residency o Be placed on the DMV Pull -Notice program o Be photographed with -copies placed into their permanent OCTAP record Only after successfully producing She above will a prospective driver be considered fora Lease under the CYC livery. CYC uses a driver training program comprised of a four -module training platform called Operations, Safety, Service and Review (OSSR). OSSR focuses much more in-depth on customer service, fare collection policies and sensitivity training for providing rides to seniors and individuals with disabilities. Encompassing some 30 hours of classroom and on -the -road training, and typically presented over a 3 -day training period. 13 All of the seniors programs we service have asked that our drivers wear a white shirt with dark trousers and dark -color shoes. Drivers have the option of participating or not, but if they electto participate, they must adhere the programs' requirements. 14 References California Yellow Cab (CYC) is aware of the scope of work and all the tasks that the City of Seal Beach requires. The following information includes references and current clients: 2003 -Present City of Mission Viejo Fran Aihara, Senior Department Assistant 24932 Veterans Way, Mission Viejo, CA 92692 T949-470-3062 x5024 faiharaL@citvofmissionvieio.org 2004 -Present City of Laguna Woods Yolie Trippy, Deputy City Clerk 24264 EI Toro Road, Laguna Woods, CA 98263 T949-639-0561 ytrippy(@cityoflagunawoods.com 2012 -Present City of Orange Katherine Connaghan, Executive Director 15 170 S Olive, Orange, CA 92866 T714-538-9633 katherine a orangeseniorcenter.oro 2017 -Present City of Laguna Niguel Ben Dieterle, Recreation Coordinator 24602 Aliso Creek Rd, Laguna Niguel, CA 92677 T949-425-5153 bdieterle(a>citvoflaqunaniguel.org fEV Prosed Staffing`. All located at the Santa Ana office. 520 W Dyer Rd Santa Ana CA Tim Conlon- Mr. Conlon had served as the General Manager responsible for the day-to-day operations of California Yellow Cab (CYC) since the company's inception in 1995. As the company's current President, Mr. Conlon's responsibilities include supervision of mechanical staff, vehicle inspections, securing proper vehicle permits and registrations, and administering riskmanagement functions. Mr. Conlon has a bachelor's degree from California Polytechnic University and will remain the primary contact for the City of Seal Beach with a high commitment for this assignment, available throughout the program's duration. Melissa Gomez- As the Directocof Marketing since January 2017 Ms. Gomez is responsible for ensuring our company meets program guidelines and outcome objectives according to the highest standards of service. Ms. Gomez is also the Project Manager managing existing relationships and leading in handling service, issues and/or complaint resolutions relevant to the programs in,Orange County. Ms. Gomez has a long history in the transportation sector as a dispatcher, non -emergency transportation driver, and now as a Project manager ensuring seniors receive the best service possible and are transported in a safe and timely manner. Ms. Gomez received a bachelor's degree from California State University San Bernardino and a master's degree in Communications from California Baptist University. 17' Key Personnel Statement: President Tim Conlon, Director of Marketing/Program Manager Melissa Gomez, and Assistant Program Manager Cristina Valle will be available to the extent proposed for the duration of the project and acknowledge that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. 18 TIMOTHY CONLON President EDUCATION Mount San Antonio College. California Polytechnical University, Pomona PROFESSIONAL California Yellow Cab, 1996 to Present President/ General Manager responsible for the day-to-day operations of the Company including driver hiring and training, supervision of mechanical staff, vehicle inspections, securing proper vehicle permits and registrations, administering risk management functions, West Coast Transportation Network, 1994-1996 Series of progressively responsible positions from, dispatcher, accident investigator, office.manager, general, manager. GMS Imports, 1990-1994 Regional Sales Manager for a furniture importer for the Western United States. Responsible for merchandising and marketing new lines and implementing and conducting sales training for affiliates. Conlon Tire, Inc., 1972-1990 19 President and General Manager of family owned business until sold in 1990. Series of progressively responsible positions including, marketing and advertising director, merchandising coordinator, customer service and human resources director. AFFILIATIONS Santa Ana Chamber of Commerce ACHIEVMENTS Newport Beach Chamber of Commerce AWARDS Lions International, Past Committee Chairperson Project Caring Connections — Newport Mesa Unified School District Anaheim / Orange County Visitor and Convention Bureau Taxi and Paratransir Association of California — Director / Past President While Cabco Yellow Inc. will utilize over 200 independent contractor drivers and our experienced call center staff for the day to day operations of this program, it will be the responsibility of the President, Tim Conlon, with help of Program Manager, Melissa Gomez to coordinate these efforts. Mr. Conlon will communicate with City staff regarding complaint resolutions, accident investigations, and any other issues or con cerns=relevant to the success of this program. Tim,Conlon will bring over (15) years of passenger transportation experience in Orange County to this program. Mr. Conlon has been the primary contact for several similar programs, including the OCTA — Senior Nutrition Program and the City of Mission Viejo — Senior Dial A taxi Program. This experience, coupled with a sincere desire to serve this segment of the County's; population will make.him an excellent manager of this program. 20 MELISSA GOMEZ Riverside, CA ® 951-809-8128 a m.-omcz@cayellow.com cayellow.com EDUCATION Riverside City College, 2009 California State University San Bernardino, 2014 California, Baptist University, 201,6 PROFESSIONAL California Yellow Cab, January 1017 to Present Director of Marketing who drives company through innovative strategic planning; interactive marketing, and sales promotion. In addition to being Marketing Director also the Program Manager that ensures all program guidelines are being met, passengers are transported at a timely and safely manner and ensures there are high levels of customer service being emphasized. Skilled at analyzing customenneeds to develop high standard customer service and,problem solver who adapts to change and exceeds expectations under any circumstances. Mission.lnu Foundation, August 1016- December 1016 Intern: Oversaw the planning and execution of logistics and operations for events through private meetings and conferences. Worked with event sponsors and vendors on all aspects of planning events. Assisted in achieving 21 business objectives with demanding timeframes and negotiated contracts with vendors and service providers. Happy Taxi, February 1011= January 2017 Supervising Dispatcher and Paratransit Driver When starting•with Happy Taxi answered routine employee and recruitment related questions such as appropriate documentation submission and application status.. Assisted in scheduling interviews and training times/dates for candidates. Providedtraining and orientation for new staff and routed customer orders in timely manner. When needed would transportseniors or paratransit members to and from their residence to senior centers, medical, shopping, and/or personal, appointments. Also, generated invoices and responded to customers with inquiries and/or complaints. 22 520 W. Dyer Rd., Santa Ana, CA 92707 Tel: 714.427.2555 Fax: 714.245.0313 For Se"Im 877.YELLOW CAB (9355692) February 25, 2021 Calico Yellow Inc., dba'California Yellow Cab would kindly like to express interest in providing transportation services to the City of,Seal Beach. Should the City of Seal Beach and Cabco Yellow Inc. come to an,agreement, Cabco will provide services to eligible participants using the rates below: • Trips within Seal Beach wilfbe billed at per trip (one-way), per participant • Trips outside of Seal Beach and 3 -mile radiusbutside of the city -limits will be billed at $15.00 per trip'(one-way), per participant The rates aboveshall remain consistent with the executed contract. Signed, Tim,Conlon President AGAVHOL-01 NICK CERTIFICATE OF LIABILITY INSURANCE DA 61MMMD ) THIS CERTIFICATE IS ISSUED AS A,MATTER OF IN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR. NEGATIVELY AMEND; EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.. THIS, CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE' HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If .SUBROGATION; IS. WAIVED, .subject to the,terms and conditions of the policy, certain policies may require an endorsement A statement on this: certificate does not confer rights to the certificate holder in lieu of, such endomement(s). PRODUCER License# OC36861 San Diego-Alliant Insurance Services, Inc. 701 BSt 6th Fl San Diego,.CA 92101 CONTACT Amy Nelson NAME: PHONE FAX INC; No, Eat): INC, No): ADDRESS: Amy.Nelson@alliant.com INSURERS AFFORDING COVERAGE NAIL# COMMERCIAL GENERAL LIABILITY INSURER A: Burlington Insurance Company 123620 INSURED INSURER B: Allied World Specialty Insurance Company 116624 INSURER C Cabco Yellow, Inc. INSURER D: 520 W. Dyer Rd Santa Ana, CA 92707 INSURER E INSURER F: 397BW58756 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE .POLICIES OF INSURANCE. LISTED 'BELOW,HAVE' BEEN, ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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.. (NSR LTRTYPE OF INSURANCE I DDO WOO POLICY NUMBER POLICYEFF .POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1'000,000 CLAIMS -MADE X OCCUR ❑ X 397BW58756 718(2020 7/812021 DAMAGE TO RENTED' I 100,000 _PJiEMI5E58Eanu42osV1 $ MED EXP (Any one person) __jb 2'500 PERSONAL B ADV INJURY 1,(100,000 GEN'L AGGREGATE LIMIT APPLIES PER (S GENERAL AGGREGATE I$ 2'000,000 PRODUCTS-COMPIOP AGG I $ Included X. POLICY ❑ jE& ❑'LOC OTHER' $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT LEa acgdenl 3 ANY AUTO BO_DILYINJURY Per �rson �$ OWNED SCHEDULED AUTOS ONLY ALIT O..ppS -BODILY INJURY (Per acodent) 8 DAMAGE $ Per acrldent AUTOS ONLY AUNOS O LSPROPERTY I$ B UMBRELLA LAGX OCCUR EACH OCCURRENCE $ 4'000,000 AGGREGATE S X EXCESS LIAR CLAIMS MADE 27307425 71812020 7/812021 DED RETENTIONS Aggregate $ 4,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN AOFFICERIMEMBER PEAT TE OERH EL EACH ACCIDENT. IS E . DISEASE - EA EMPLOYEE S EXCLUDED' ❑ (Mantlstory in NH) NIA. E. L. DISEASEPOLICYLIMIT S If yes"desoitie under DESCRIPTION OF OPERATIONS below DESCRIPTION OF. OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be attached R more space is required) Certificate is subject to policy, limits, conditions and exclusions. 30 -Day notice of. Cancellation- 10 Days for Non -Payment -Named Insured:. Agave Holdings, LLC SOY. Management, LLC SOY Capital,LLC SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION ACORD 25(2016(03) - ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE' DESCRIBED POLICIES BE CANCELLED BEFORE City CI Of.Seal,BeaCh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE Q TI- -nt a.0 -IL ACORD 25(2016(03) - ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORKY AGENCY CUSTOMER ID: AGAVHOL-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE NICK Page 1 of 1 AGENCY License # OC368.61 NAMED INSURED San Die o-Alliant Insurance: Services, Inc. 9 Cabco Yellow Inc. 520:W Dyer. Rd Santa Ana, CA 92707 POLICY NUMBER EE. PAGE 1.. CARRIERMAIC CODE EE PAGE 1 SEE P 1 EFFECME DATE:. SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description:of Operations/LocationsNehicles: Administrative Services'SD,.LLC dba: Yellow RadioServices SDYC',Holdings,. LLC' dba: Yellow Cab North County Transportatiom5ervices Cooperative,Inc. Cabco Yellow, Inc. dba: California Yellow Cab dba: Happy,Taxi City of Seal Beach, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insured. ACORD 101 (2008/01) © 2008 ACORD COKt URA I IUN., All ngnts reservea. The ACORD name and logo. are; registered marks: of ACORD POLICY NUMBER: 397BW58756 COMMERCIAL GENERAL LIABILITY CG!20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSONOR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL ,LIA31LITYCOVERAGE PART SCHEDULE Nam Additional Insured Persorl OKOrgenization(s): Any person or organization with whom you have agreed, in a written contract, that such person or organization should be added as an additional insured on your policy, provided such written contract is fully executed prior to an ' occurrence" in which coverageissought under this policy- Information required to com fete this Schodule, if not shown above, will be shown in the Declarations, A. Section II — Wlio, Is An Insured is amended to include as. an additional insured the persori(sl or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury', "property damage" or ''personal and advertising injury" caused, in whole or in part, by your acts or .emissions or the,acts or omissions of triose acting on your behalf; 1. In the performance of your ongoing operations; or 2. In connection with your prcmiscsrowned by or- rented rrented to you. However: 1. The insurance . afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is adced to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available. under the applicable Limits of Insurance, shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG.20260413 © Insurance' Services Office, Inc., 2012 Page 1 of 1 4COR0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDOIYYYY) 04119/2021 THIS'.. CERTIFICATE IS'ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. . ..RTIFICATE DOES NOT AFFIRMATIVELY OR.,'.NgGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE THIS'CE POLICIES BELOW. THIS.CE RTIFICATE OF INSURANCE DOESmOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED'. REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)'. must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of thepolicy, certain policies may require an: endorsement. Astatement on this certificate does not confer rights to the candidate holder in lieu of such endomement(s). PRODUCER American Business Insurance Services, Inc. 32107 W_Lindero Cyn Rd, Ste 120 Westlake Village, CA 91361 CONTACTNAME: Roxanne Principe PHONE:' 800-980-1950 ext 24 FAX: 800-980-1960 EMAILADDRESS: rexanne@ablweb.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:' New York Marine & General Ins Cc 16608 INSURED ,Cabco Yellow, Inc. doe California Yellow Cab .520 W. Dyer Rd. Santa Ana, CA 92707 INSURERS: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE�NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE,LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATEMAY. 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. INSR LTR TYPE OF. INSURANCE ADDL INSD SUER Me POLICY NU RISER POLICYEFF POLICYEXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURENCE CLAIMS -MADE ❑OCCUR DAMAGE TO RErviED PREMISES Eepmuvenca MED UP (Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑ PRO- ❑ LOC JECT PRODUCTS COMWOP AGO OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ee omnence BODILY INJURY (Per Pemen) - ANY AUTO A X ALL OWNEDSCHEDULED AUTOS BAUTOS X AU2019TLRO7302 10/01/19 10/01/21 BODILY INJURY (Per ncratlen0, PROPERTY DAMAGE Perawuem X HIRED AUTOS x NON -OWNED 'AUTOS UMBRELLA LIAB OCCUR EACH OCCURENCE AGGREGATE EXCESS UAB CLAIMS -MADE DEO RETENTIONS I I WORKERS COMPENSATION AND SEnTUTe OTH EMPLOYERILIABILITY YIN ANY PROPRI ETORNARTNERIEXECOTVEI FFICERIMEM..P E%Oi_U.EC' - OF7 . (Mandabry InAN, MIA EL EACH ACCIDENT E L DISEASP EA EMPLOYEE E L DISEASE- POLICY LIMIT II yes, desmee ender DESCRIPTION OF OPERATIONS Celow DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Seal, Beach, its elected or appointed officials officers, employees and volunteers are to be covered as additional insured. Contract C-1-2487 1. Deleted #257 2012 Dodge Grand Caravan' 2C4RDGBG4CR364902 Certificate holder is listed .. mie itional insured. -10 Day notice of cancellation In the event of non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of Seal, Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 211.8Ih$[reet EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY. PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE — I.,.. ".a, "b -POS -2014 ACORD CORPORATION. All rights reserved. The ACORD name end logo are registered marks of ACORD 1 ® ALS E CERTIFICATE OF LIABILITY INSURANCE DAM (MMDDryYYY) 07/01/2020 ,THIS CERTIFICATE IS ISSUED AS A -MATTER OF INFORMATION ONLY AND "CONFERS -NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE. OR PRODUCER, AND THE CERTIFICATEHOLDER. IMPORTANT: If the certificate holder is an; ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS'WAIVED, subject to terms and conditionsbfthe; policy, certain policies may require an endorsement. A statement on this certificate (foes not confer rights to the certificateholder in lieu Of such endorsement(s). PRODUCER CONTACT Lorelei C. Noonan NAME: Faith. Branvold c/o Sunset Business Insurance Solutions PH NE E.m_ 818-827-0315 TAIL No): 310-301-3280 ADE -MAIL DRass: lori@sunsetbis.com 7590 IN Glenoaks Boulevard,Suite 200 INSURER(S) AFFORDING COVERAGE NAICN Burbank, CA 91504 INSURERA: StarStone National Insurance Company 25496 MED EXP (Any one person) INSURED INSURER B: PERSONAL B ADV INJURY INSURERC GENT AGGREGATE LIMIT APPLIES PER. POLICY 1:1PRa IJ LOC' OTHER' Cabco.Yellow, Inc. INSURER D: PRODUCTS - COMPIOP AGO 520 West Dyer Road INSURER E: Ij Santa Ana, CA 92707 INSURER F: COVERAGES CERTIFICATE' NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE. POLICIES OF INSURANCE LISTED. BELOW HAVE; BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,, TERM OR CONDITION OF: ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED,OR. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ _.. _ _. INSR TR TYPE OF INSURANCE ADDLISUBR 211 8th Street POLICY NUMBER MMIDDY/YYW POLICY MMIDD EXP LIMITS COMM ERCIALGENERALLIABILITY CLAIMS -MADE ❑OCCUR I EACH OCCURRENCE I5 DAMAGE TO RENTED IRA' SES (Eaacwrrancej I$ MED EXP (Any one person) 5 PERSONAL B ADV INJURY S GENT AGGREGATE LIMIT APPLIES PER. POLICY 1:1PRa IJ LOC' OTHER' GENERALAGGREGATE 5 PRODUCTS - COMPIOP AGO S $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY EOa BINE /SINGLE LIMIT S BODILY INJURY (Per persor) I$ BODILY INJURY (PerauidengS I PROPERLDAMAGE Ler accI iden $ I I$ UMBRELLA LIAR EXCESS LIAR Ll OCCUR CLAIMS -MAGE EACH OCCURRENCE S AGGREGATE b I UEO RETENTIONS I Is A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory. in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y T10200737 0710112020 07101/2021 v I X I STATUTE I I FRH IEC EACH ACCIDENT b 1,000,000 EL. DISEASE - EA EMPLOYEEIS 1,000,000 EL. DISEASE - POLICY. LIMIT S 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is mquhedl Waiver of Subrogation in favor of City of Seal Beach, its elected or appointed officials, officers, employees and volunteers. CERTIFICATE HOLDER CANCELLATION ©,1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logoare registered marks of ACORD SHOULD ANY,OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 8th Street ACCORDANCE WITH THE POLICY PROVISIONS.. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ©,1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logoare registered marks of ACORD WORKERS'_COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 (Ed. 4-84) WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover ourpayments from anyone liable Foran injury covered by this policy. We will not enforce our right against the person or organization named, in the Schedule. (This agreement applies only to the e)dent that you perform workundera written contractthat requires you to obtain thisagreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement,shall be 0% of the Califomia workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Seal Beads 2,11 8th Street Seal Beads, CA 90740 Job Description Waiverof Subrogation in favor of City of Seal Beach, itselected or appointed offidals officers, employees, and volunteers The additional charge shall be no less than $0 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The in formation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Efective 07/0120 Policy No. T10200737 Endorsement No. 47 Insured CabCo Yellow, Inc. Policy Effective Date 07/0120 Insurance Company Star -Stone National Insurance Company Countersigned By ,'f4 WC 04 03 06 (Ed. 4-84) 917998 by the Workers' Compensation Insurance Raring Bureau of California: All riots reserved. Form W-9 11 10-2018) By signing the filled -out form, you: 1. Certify that the TIN. you are giving is correct (or you are waiting fora numbento be issued), 2. Certify that you are not subject to backup withholding, or '3.: Claim exemption from backup withholdingif you are aU.Sr exempt payee.. If, applicable, you are also certifying that as a U.S. person, your allocableshare of anypartnership income from a'U.S..trade of business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) enteredon this form (if any) indicating that you are exempt fromthe FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you area U.S, person and a requester gives you a form other than Forme W-9 to request your TIN, you must use the requester's form if it substantially similar to this Form W -9 - Definition of aU.S. person. For federal tax purposes, you are considered U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States aregenerally required to pay;a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable incoma from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner. is a foreign person, and pay the section 1446 withholding tax. Therefore; if. you are a U.S. person that is apartner in a partnership conducting a trade or,business inthe United States. provide Form W-9 to'the partnership to establish your U.S. status 'and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting atrade or business in the United States. • In the case of.a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and notthe entity; • In the case of a grantortrust with a U.S. grantor or other U.S. owner, generally, the. U.S. grantor or other U.S, owner of the grantor trust and not the trust; and • In thecase of.a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust)and not the beneficiaries_ of the trust.. Foreign person. If you are'a foreign person or the US. branch of a foreign bank that has elected to be treated as a U.S.person, do, not use Form W-9. In use the appropriate Form W-8 or Form, 8233 (see Pub. 515, Withholding of -Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may,use,the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income However,most tax treaties contain a provision "own as a"saving clause. Exceptions specified in the saving clause may permit an exemptionfrom tax: to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving'clause of a taxtreaty to claiman exemption from U.S. tax on certaintypes of income, you must attach a statement. to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimedexemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The. article number (or location) In the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty anicke. Example. Article 20 of the U.S.-China income tax treaty allows an exemptionfromtax for scholarship income received by a Chinese student temporarily present in the United States, Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the. provisions of Article 20 to continue to apply even after the Chinese student becomes aresident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol). and is relying on this exception to,claim an exempbonfrom tax on his or her scholarship or fellowship income would attach to Fonn W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity,give the requester the appropriate completed Form W -B or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This`is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions; rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications,and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester. 2..You do not certify your TIN when required (see the instructions for Part 11 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for, reportable interest and dividends only), or' 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you .claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example. you may need to provide updated information if you area C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TLV changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you tail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. .Civil penalty for false information with respect to;Withholding. If you .make a false statement with no reasonable basis that results in no backupwithholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-2018) Criminal penalty, forfalsifying. information. Willfully falsifying certifications oraffirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If. the requester discloses or uses TINS in violation of federal law, the requestermay be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank.. The. name should match the name on your tax return. It this Form W-9 is fora joint account (other than an account maintained by aforeign financial institution (FFI)), list first, and then circle, the nameof the person or entity whosenumber you entered in Part I'of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally,onter the name shown on your tax return. If you have changed, your lastname without infomting the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicaniyour individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZyou filed with your application, b. Sole proprietor or single -member LLC. Enter your individual name as shown on your1040/1040A/1040EZ on 1. You may enter your business,trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return online 1 and any. business, trade, or'DBA 'name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This 'name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade; or DBA name on line 2. e. Disregarded entity. For U.S: federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered"online 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which, the in -come should be reported. For example;, if foreign. LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the L.S. owner's name is required to be provided: on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign=. person, the owner must completean appropriate Form W-8 instead of Form W-9. This is the case even if the foreign person has a U.S. TIN.. Line 2 If you haven business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box online 3 for the U.S. federal tax classification of the person whose 'name is entered on line 1. Check only one box on line 3. Page 3 IF theentity/person on line 1 is THEN check the box for ... a(n) ... • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and: disregarded for U.S. federal tax purposes. - LLC treated as a partnership for Limited liability: company and enter U.S. lederal taxpurposes, the appropnate tax classification. • LLC thathas filed Form 8832 or (P= Partnership; C= Ccorporation; 2553 to be taxed as a corporation, or S= S corporation) or . • LLC that is disregarded as an entity separate from its owner but the owner isanother LLC that is not disregarded for U.S. federal tax purposes. • Partnership Partnership • TrusUestate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any codes) that may apply to you. Exempt payee code. • Generally,individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' feesor grass proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding.. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or acustodial account under section 403(b)(7) if the account satisfies the requirements of section 401(1)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, aU.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States; the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the. Commodity Futures TradingCommission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 (Rev. 10-2018) The following chartshows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend ,payments All exempt payees except for 7 Broker transactions 'Exempt payees 1 through 4 and 6 through 11 and all Ccorporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reportedanddirectsales over 1 through 5' $5,000, Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions i See Form 1099-MISC, Miscellaneous Income, and its instructions. 0 However, the .fol)ovring payments. made m a corporation' and reportable on Form f 099 MISC are not exempt'nom backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments. for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this torte for accounts maintained outside of the United States by certain foreign financial institutions..Therefore, if you are only submitting this form for an account you,hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is: subject tothese requirements. A requester may indicate that a code is not required by,providing you with a Form W-9 with "Not Applicable' (or any similar indication)written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan asdefinetl in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions ouinstrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described In Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporationdescribed in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 651 oran entity registered at oil times during the tax year under the Investment Company Act of 1940 1—A common trust fund. as defined in section 584(a) J—A bank as defined in section 581 K—A broker L-A trust exempt item tax under section 664 or described in section 4947(x)(1) M—A tax exempt trust under a section 403(6) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine. whether the FATCA code and/or exempt payee code should be completed. Line'5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new, address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do hot have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see Now to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or FIN. If youare a single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnersnip, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. .How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get form SS -5, Application for Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number,.to"apply for an ITIN, or Form SS -4, Application for Employer identification Number, to apply for an EIN. You can apply for an EIN onlineby accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to wwwJrs.gov/Forms to view, download, or print Form W-7 and/or Form SS -4. Or, you can go to www.irs.gov/0rderForms to place an order and have Form W-7 and/or SS -4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a'TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the. requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W -8 - Part ll. Certification To establish to the withholding agent that you are a U.S, person, or .resident alien, sign Form W-9. You may be requested to sign by 'he withholding agent even if item 1. 4, or 5 below indicates otherwise. For a joint account, onlythe person whose TIN is shown in Part 1 should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. Form W-9 (Rev. 10-2018) 1.. Interest;' dividend, and barterexchange accounts opened before 1984'and broker accounts considered active during 1983, You must give your correct TIN, but you do not have to sign the certification. 2. Interest; dividend,. broker, and barter exchangeaccounts openedafter 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding:witl apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification beforesigning the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously.. given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise),medical and health care services (including payments to corporations), payments to anonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).. 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You musf give your correct TIN, but you do not have to sign the certification. What Name and Number To Give. For this 2. Two or more individuals (joint The acmal owner of the account or, if account) other than an account combined funds, the first indNidual on maintained by an FFI the account 3 -Two or more US. persons Each holder of the account pint account maintained by an FFP 4. Custodial account of s minor The mmort (Uniform Git to Minors Act) 5. a. The usual revocable savings Inst The grantor -trustee' (grantor is also trustee) b. So-called trust account that is no: The actual owner a legal or valid trust under stale law 6. Sole proprietorship or disregarded The owner entity owned by an individual 7. Grantor trust filing under Optional The grantor' Form 1099. Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) A!) For this type of. account: Give name ancrEIN of: S. Disregarded entity not owned by an The owner individual 9. A valid trust, estate, or pension trust Legal entity' 10. Corporation or LLC electing The corporation corporate status on Form 6832 or Form 2553 11. Association, club, religious. The organization charitable, educational, or other tax- exempt organlzatior. 12. Partnershio or multi -member LLC The partnership 13. A broker or registered nominee The broker or nominee For this type of account: I Give name and EIN of: Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receivosagriculhn al program payments 15. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4fb)(2)ME The tnust Page S ' List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. t Circle the minor's name and furnish the minor's SSN. ' You must show your individual name and you mayalso enter your business or DBA name on the "Business name/disregardedentity" name line. You may use either your SSN or. EIN (if you have one), but the IRS encourages you to use your SSN. ' List first and circle the name of the trust, estate, or, pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your Permission, to commit fraud or other crimes. An identity thief may use your SSN to get a lob or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identify Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/7DD 1-800-829-4059. Protect yourself from suspicious entails or phishing schemes. crushing is the creation and use of email and websites designed to mimic legitimate business annals and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private: information that will be used for identity theft. Form W-9 (Rev. 10-2018) The IRS does not initiate contacts with taxpayers via emails. Also, the IRS sloes not request personal, detailed information '.througbemail w ask taxpayers for the PIN numbers. passwords, or similar secret access information for their creditpard; bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, fonvard.this message to phishing@im.gov. You may also, report misuse of the IRS name, logo,, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam®uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If youhave been the victim of identity theft, see wwvvJdenbtyThafi and Pub. 5027. Visit wviw.irs.gov//dentityTheft to learn more about identity theft and how to reduce your risk. Page 6 Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies)who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interestyou paid; the :acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District. of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TI Nwhether or not you are required to file a tax. return. Under section 3406, payers must generally withhold apercentage of taxable interest, dividend, and certain other payments to a payee who does not give aTIN to the payer. Certain penalties may also apply for providing false or fraudulent information. October 21, 2020 Tim Conlon, President Cabco Yellow, Inc. 520 W. Dyer Road Santa Ana, CA 92707 SUBJECT: CITY OF SEAL BEACH — SENIOR TRANSPORTATION SERVICES PROFESSIONAL SERVICES AGREEMENT EXTENSION Dear Mr. Conlon: Pursuant to the Professional Services Agreement for Senior Transportation Services, dated May 26, 2020, by and between the City of Seal Beach (City) and Cabco Yellow Inc., dba California Yellow Cab (Cabco), the City is hereby notifying Cabco of its desire to exercise the six-month term extensions per Section 2.0 Term. The Agreement termination date is now revised to May 26, 2021. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ileeC@sealbeachca.eov. Sincerely, teve" My r Y Director of Public Works PROFESSIONAL SERVICES AGREEMENT for Senior Transportation Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Cabco Yellow Inc., dba California Yellow Cab 520 W. Dyer Road Santa Ana, CA 92707 (714) 427-2555 This Professional Service Agreement ("the Agreement") is made as of May 26, 2020 (the "Effective Date"), by and between Cabco Yellow Inc., dba California Yellow Cab, ("Contractor"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. On May 1, 2020, Keolis Transit America, Inc. submitted a request to terminate the existing Senior Transportation Services professional services agreement. B. City desires to continue providing certain senior mobility services for eligible residents pursuant to Orange County Transportation Authority Senior Mobility Program guidelines, to preserve senior health and well-being in the community. C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(A), City desires to engage Contractor to provide professional Senior Transportation Services in the manner set forth herein and more fully described in Section 1.0. D. Contractor represents that the firm is fully qualified to perform the services contemplated by this Agreement in a good and professional manner, and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the 2of14 Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of six (6) months ("Original Term") and shall expire at midnight on November 26, 2020, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to one (1) six-month additional term ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from November 26, 2020 through and including May 26, 2021, unless sooner terminated or extended pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $90,000.00 (Ninety Thousand dollars and 00/xx) for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to -exceed amount of $90,000.00 (Ninety Thousand dollars and 00/xx) for the extension. 3.3. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the 3of14 City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Tim Conlon is the Contractor's primary representative for purposes of this Agreement. Tim Conlon shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 4of14 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Cabco Yellow, Inc. 520 W. Dyer Road Santa Ana, CA 92707 Tim Conlon, President 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision, and Contractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor's personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees, and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel 5of14 require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and 6of14 contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 7of14 13.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or 8of14 damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages, and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 9of14 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as 10 of 14 determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.3. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 16.4. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 11 of 14 18.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 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. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 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. 25.0 Prohibited Interests; Conflict of Interest 12 of 14 25.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' 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 all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy 13 of 14 between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Atte By: Approved as to Form: By: Steele, City Attorney CONTRACTOR: Cabco Yellow, Inc., dba Californi Ye w Cab, a California corporatio By: Name: Tim onion Its: President By: -.,n no a =Lf j Name: R bert Bowsher Its: CFO (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 14 of 14 EXHIBIT A Contractor's Scope of Work & Fee Schedule Senior Mobility Program City of Seal Beach May 11, 2020 f _ California Yellow Cab R 520 West Dyer Road Santa Ana, California 92707 714.427.2555 www.ColiforniaYellowCab.com (714)444-4444 (949) 444-4444 (657) 444-4444 May 11, 2020 Iris Lee, Deputy Public Works Director/City Engineer City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Hello Ms. Lee, Cabco Yellow Inc., dba California Yellow Cab (CYC) would kindly like to express interest in providing transportation services to the City of Seal Beach. The proposal shall remain valid for a period of not less than 120 days from the date of submittal. In business since 1995, CYC has a long history of providing transportation services that go far beyond the traditional forms of taxicab services. Early in the company's history, we identified underserved segments of Orange County's population and sought to craft an on -demand service option for those affected by the challenges of public transportation. Today, CYC remains the largest and most adaptive taxicab fleet in the county, providing seniors and paratransit passengers the opportunity to get where they need to go, without doing so according to a bus schedule. We are confident that at CYC we have the dedicated drivers and representatives to complete all tasks. In addition, our drivers not only are professional, but they will treat seniors with respect, help them in and out of the vehicle if permitted, have patience, and drive cautiously at all times. Currently, we are the contractors to numerous senior transportation programs in the county including the cities of Brea, Cypress, Fountain Valley, Fullerton, Laguna Hills, Mission Viejo, Orange, Garden Grove, Laguna Niguel and others. CYC is delighted to have the opportunity to submit this Proposal to you and we welcome the opportunity to continue to meet the transportation needs of seniors in your fine City. Sincerely Tim Conlon President 520 W Dyer Road, Santa Ana, CA 92707 T714.427.2555 X112 tconlowkayellow.com Legal Name of Company: Cabco Yellow, Inc. Dba Name of Company: California Yellow Cab 520 W. Dyer Rd Santa Ana, Ca 92707 www.CaliforniaYellowCab.com Dispatch Phone Numbers: (714)444-4444 (949)444-4444 (657)444-4444 (877)935-5692 Name and Title of Person Completing Proposal: Tim Conlon, President P (714)427-2555 Ext. 112 F (714)438-0405 tconlon a�cayellow.com Employer Identification Number: 33-0723354 Statement of Ownership: Cabco Yellow, Inc. is a California S -Corp, Wholly owned by William Rouse Years in Business: Since 1995; 25 years Failures or Refusals to Complete Any Contracts: None Financial Interests in Other Lines of Business: DriveU San Diego, Long Beach Yellow Cab, Administrative Services Company Orange County Taxi Administration Program (OCTAP) Permit: #17 Project Summary & Proposed Operational System for City of Seal Beach California Yellow Cab - CYC - proposes to establish a toll-free telephone number for use by the Senior Mobility Program (SMP) patrons in the City of Seal Beach. By using this number, program participants may call for on -demand service with the expectation of a cab arriving at the pick-up address within sixty (60) minutes, during program service hours. The phone number will automatically identify the caller as a program participant, and the participant would then only need to provide basic trip information along with their SMP I. D. number. In addition to routine on -demand service, program participants may use the same phone number with the same identifying protocols for reservation service when possible, up to two weeks in advance. This can provide CYC dispatch with the ability to pre -route these trips to select drivers. Reporting and Billing Documentation and reporting on the part of CYC is managed via our proprietary digital - dispatch system. In addition to monthly trip data and invoicing, highly detailed electronic records are kept in our archiving, and can be accessed and placed into a report in as little as twenty-four hours. Information submitted, stored and readily available for any reporting purposes include rudimentary dispatch data like passengers' names, pick-up locations, destinations, dates and times of travel, passenger ID number, and additional contact information. Additionally, this data includes GPS "ping" information from the cabs themselves that provide accurate data on the route taken during a trip, vehicle speed, performance standards data, records of customer contact including audio recordings of every call to or from a customer, and event records for each trip like times of pickups and drop offs. Complaints and Incidents All complaints will be reviewed by the Project Manager within 24 hours. From there, a remedy for the issue would be offered in addition to the City being contacted as to the status of the issue within 48 hours. Appropriate action would be taken to ensure the complaint does not arise again in any area of our operations. We view incidents between drivers and passengers as among the most serious of problems that can occur in a program like this. CYC is a service business, and therefore any incident that may occur is not acceptable. Once a report of an incident is received, the Field Operations Supervisor will be charged with obtaining the details of the incident and following up. A detailed report of any accident, injury, or any dispute will be completed and provided to the City. Per our routine day-to-day operations, any and all accidents receive the immediate attention of CYC accident investigators. These individuals are charged with rapidly responding to an accident scene. They use the appropriate reporting protocols to complete a formal investigation report that includes interviews of affected parties, measurements of the scene and photographs of the incident and the surroundings. CYC was one of the first taxicab companies in the U.S, to electronically archive all trip data and continues to do so as a matter of routine, for three years so as to permit rapid forwarding of this data upon request. Detailed itemization of trip data is included in the monthly invoicing. An accounting of ridership, in a line -by-line format is provided so as to aid in auditing and oversight of the program. Experience CYC has been in the Seniors and Paratransit transportation business since its inception some twenty plus years ago (1995), and is the current service contractor for seniors programs in the cities of Brea, Fullerton, Cypress, Laguna Hills, Laguna Woods, Mission Viejo, Orange, Garden Grove, Rancho Santa Margarita and others. Additionally, we are the primary contractor for John Wayne Airport, a franchise in the City of Anaheim and have a number of independent private care organizations, all requiring ADA compliance and driver Sensitivity Training programs. Of particular note are the twelve years' experience servicing the 25,000 seniors residing in Laguna Woods with a consistent sub 1 % complaint record. As the John Wayne Airport (JWA) contractor, we are continually challenged to innovate and update our fleet and methods for accommodating the traveling public. What we learn from our operations at JWA are modern fleet protocols, advanced customer service methods, situational awareness training for our staff and drivers, and skills is handling seniors, developmentally disadvantaged and varying cultural expectations. These advances are incorporated into our street -fleet driver training programs and help ensure consistency throughout our fleet. Fleet and Maintenance CYC has a diverse fleet consisting of conventional sedans, 6 -passenger minivans, and ADA compliant wheelchair -access vans. The average age of the CYC fleet is 4 years. All of our taxicabs undergo a rigorous maintenance program, designed to ensure safe and dependable transportation for passengers. Records of inspections and maintenance logs are kept by our company as a permanent record for the vehicles. These records are available for City staff review upon request. The heart of our vehicle maintenance program called Preventive Safety and Maintenance Inspection (PSMI). This program is designed to identify and correct any and potential vehicle issues before they become a more serious problem. All CYC cabs are professionally washed on a weekly basis and drivers are required to maintain a clean and tidy vehicle at all times. All cabs are randomly inspected in the field. Any dirty or foul smelling vehicles are removed from service right away, and re -inspected for corrections before being returned to service. All CYC cabs are distinct and identical in appearance with a black lower 1/3rd panel and a yellow upper body. Identifying decals are in black, and the decals are arranged in the same position on all vehicles with the California Yellow Cab logo on the front. Operations Base in Santa Ana Owned by us, our base has approximately 2600 sq. feet of office space and more than 5000 sq. feet of logistics and maintenance facilities, we employ six full-time staff members in our administrative offices and contract with a dozen more on-site fleet -maintenance technicians and specialists in our independently owned and operated service facility. All scheduled and unscheduled maintenance, with the exception of certain bodywork and machine shop work, is performed here. Our maintenance facility is fully equipped to easily perform maintenance ranging from routine oil changes to complete driveline and chassis rebuilds. Our shop meets all local zoning requirements and possesses the equipment and is staffed by highly trained and certified technicians. Driver Training & Policies All drivers with California Yellow Cab (CYC) are independent contractors, as is the case with all cab companies in the County. All applicants must be able to produce the following: • An Excellent Driving Record o Current, valid California Driver's License o Verified ten-year (H6) driving record with no more than two moving violations within the previous three years, and ZERO serious violations such as reckless driving, or driving while under the influence of drugs or alcohol • OCTAP Taxi Driver Permit o Pass a drug and alcohol screening initially, annually, and randomly o Be Live Scan fingerprinted with the Orange County Sheriffs Department o Successfully pass a State and Federal background check o Provide proof of legal residency o Be placed on the DMV Pull -Notice program o Be photographed with copies placed into their permanent OCTAP record Only after successfully producing the above will a prospective driver be considered for a Lease under the CYC livery. CYC uses a driver training program comprised of a four -module training platform called Operations, Safety, Service and Review (OSSR). OSSR focuses much more in-depth on customer service, fare collection policies and sensitivity training for providing rides to seniors and individuals with disabilities. Encompassing some 30 hours of classroom and on -the -road training, and typically presented over a 3 -day training period. All of the seniors programs we service have asked that our drivers wear a white shirt with dark trousers and dark -color shoes. Drivers have the option of participating or not, but if they elect to participate, they must adhere the programs' requirements. California Yellow Cab (CYC) is aware of the scope of work and all the tasks that the City of Seal Beach requires. The following information includes references and current clients: 2003 -Present City of Mission Viejo Barbara Cassidy, Community Services Supervisor 200 Civic Center Mission Viejo, CA 92691 T949-470-3013 bcassidyCaD-cityofmissionvieio.org 2004 -Present City of Laguna Woods Yolie Trippy, Deputy City Clerk 24264 EI Toro Road, Laguna Woods, CA 98263 T949-639-0561 ytrippy0_cityoflaqunawoods.com 2012- Present City of Orange Katherine Connaghan, Executive Director 170 S Olive, Orange, CA 92866 T714-538-9633 katherine(cD-orangeseniorcenter.org 2017 -Present City of Laguna Niguel Ben Dieterle, Recreation Coordinator 24602 Aliso Creek Rd, Laguna Niguel, CA 92677 T949-425-5153 bdieterle cityoflagunaniguel.org Proposed Staffing: All located at the Santa Ana office. 520 W Dyer Rd, Santa Ana, CA Timothy Conlon- Mr. Conlon had served as the General Manager responsible for the day-to-day operations of California Yellow Cab (CYC) since the company's inception in 1995. As the company's current President, Mr. Conlon's responsibilities include supervision of mechanical staff, vehicle inspections, securing proper vehicle permits and registrations, and administering risk management functions. Mr. Conlon has a bachelor's degree from California Polytechnic University and will remain the primary contact for the City of Seal Beach with a high commitment for this assignment, available throughout the program's duration. Melissa Gomez- As the Director of Marketing since January 2017 Ms. Gomez is responsible for ensuring our company meets program guidelines and outcome objectives according to the highest standards of service. Ms. Gomez is also the Project Manager managing existing relationships and leading in handling service issues and/or complaint resolutions relevant to the programs in Orange County. Ms. Gomez worked for Happy Taxi for 5 years as a dispatcher and drove seniors and paratransit members to their medical, shopping, and personal appointments. Ms. Gomez received a bachelor's degree from California State University San Bernardino and a master's degree in Communications from California Baptist University. Key Personnel Statement: President Tim Conlon, Director of Marketing/Program Manager Melissa Gomez, and Assistant Program Manager Cristina Valle will be available to the extent proposed for the duration of the project and acknowledge that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. TIMOTHY CONLON President EDUCATION Mount San Antonio College California Polytechnical University, Pomona PROFESSIONAL California Yellow Cab, 1996 to Present President / General Manager responsible for the day-to-day operations of the Company including driver hiring and training, supervision of mechanical staff, vehicle inspections, securing proper vehicle permits and registrations, administering risk management functions. West Coast Transportation Network, 1994-1996 Series of progressively responsible positions from, dispatcher, accident investigator, office manager, general manager. GMS Imports, 1990-1994 Regional Sales Manager for a furniture importer for the Western United States. Responsible for merchandising and marketing new lines and implementing and conducting sales training for affiliates. Conlon Tire, Inc., 1972-1990 President and General Manager of family owned business until sold in 1990. Series of progressively responsible positions including, marketing and advertising director, merchandising coordinator, customer service and human resources director. AFFILIATIONS Santa Ana Chamber of Commerce ACHIEVMENTS Newport Beach Chamber of Commerce AWARDS Lions International, Past Committee Chairperson Project Caring Connections —Newport Mesa Unified School District Anaheim / Orange County Visitor and Convention Bureau Taxi and Paratransit Association of California — Director / Past President While Cabco Yellow Inc. will utilize over 200 independent contractor drivers and our experienced call center staff for the day to day operations of this program, it will be the responsibility of the President, Tim Conlon, with help of Program Manager, Melissa Gomez to coordinate these efforts. Mr. Conlon will communicate with City staff regarding complaint resolutions, accident investigations, and any other issues or concerns relevant to the success of this program. Tim Conlon will bring over (15) years of passenger transportation experience in Orange County to this program. Mr. Conlon has been the primary contact for several similar programs, including the OCTA — Senior Nutrition Program and the City of Mission Viejo — Senior Dial A taxi Program. This experience, coupled with a sincere desire to serve this segment of the County's population will make him an excellent manager of this program. MELISSA GOMEZ Riverside, CA ■ 951-809-8128 ■ mgomez@cayellow.com EDUCATION Riverside City College, 2009 California State University San Bernardino, 2014 California Baptist University, 2016 PROFESSIONAL California Yellow Cab, January 2017 to Present Director of Marketing who drives company through innovative strategic planning, interactive marketing, and sales promotion. In addition to being Marketing Director also the Program Manager that ensures all program guidelines are being met, passengers are transported at a timely and safely manner and ensures there are high levels of customer service being emphasized. Skilled at analyzing customer needs to develop high standard customer service and problem solver who adapts to change and exceeds expectations under any circumstances. Mission Inn Foundation, August 2016- December 2016 Intern: Oversaw the planning and execution of logistics and operations for events through private meetings and conferences. Worked with event sponsors and vendors on all aspects of planning events. Assisted in achieving business objectives with demanding timeframes and negotiated contracts with vendors and service providers. Happy Taxi, February 2012- January 2017 Supervising Dispatcher and Paratransit Driver When starting with Happy Taxi answered routine employee and recruitment related questions such as appropriate documentation submission and application status. Assisted in scheduling interviews and training times/dates for candidates. Provided training and orientation for new staff and routed customer orders in a timely manner. When needed would transport seniors or paratransit members to and from their residence to senior centers, medical, shopping, and/or personal appointments. Also, generated invoices and responded to customers with inquiries and/or complaints. Or* ifow May 11 2020 520 W. Dyer Rd., Santa Ma, U 92707 Tel: 714.427.2555 Fax 714.245.0613 For Service: 877. YELLOW UB (9355692) Cabco Yellow Inc. dba California Yellow Cab would kindly like to express interest in providing transportation services to the City of Seal Beach. Should the City of Seal Beach and Cabco Yellow Inc come to an agreement, Cabco will provide services to eligible participants using the rates below: Trips within Seal Beach will be billed at $12.00 per trip (one-way) per participant Trips outside of Seal Beach and 3 miles radius outside of the city -limits will be billed at $15.00 per trip (one-way) per participant. The rates above shall remain consistent with the executed contract. Signed, L-0— Tim Conlon President EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. Client#: 2152739 303AGAVEH01 ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) TYPE OF INSURANCE 5/27/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Masoud Shahri NAME: McGriff Insurance Services PHONE 619 231-1010 FAX arc ,Ext : ac, No): 888 328-1322 750 B Street Suite 2400 L San Diego, CA 92101 ADDRESS: PERSONAL & ADV INJURY $1 ,000,000 INSURER(S) AFFORDING COVERAGE NAIC N 619 231-1010 INSURER A: Burlington Insurance Company 23620 INSURED INSURER B: Mercer Insurance Company 14478 Agave Holdings, LLC LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY *(see below complete named insured) INSURER C 520 West Dyer Road INSURER D COMBINED SINGLE LIMIT Ea accident $ Santa Ana, CA 92707 INSURER E: PROPERTY DAMAGE !$ Peraccident) INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR LTR TYPE OF INSURANCE AODL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MWD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXIOCCUR X BI/PD Ded: $5,000 397BW52674 7/08/2019 07/0812020 j EACH '$1 000000 �OCCURRENCE PREMISES EaErrence $100,000 MED EXP (Any one person) s2,500 PERSONAL & ADV INJURY $1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ECOT- LOC OTHER: i GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ -. AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) 1$ BODILY INJURY (Per accident) $ PROPERTY DAMAGE !$ Peraccident) B X UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE 27307425 8/20/2019 07/08/2020 EACH OCCURRENCE $$4,000,000 AGGREGATE $$4,000,000 DED RETENTION $ $ WORKERS COMPENSATION EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER TIE R TAT E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT 1 $ i DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate is subject to policy limits, conditions and exclusions. 30 Day notice of Cancellation -10 Days for Non -Payment (See Attached Descriptions) City of Seal Beach 211 8th Street Seal Beach, CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1 ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25802374/M24213344 DARAM All rinhfA rP_SP_rvP_rt DESCRIPTIONS (Continued from Page 1) "Named Insured: Agave Holdings, LLC SDY Management, LLC SDY Capital, LLC Administrative Services SD, LLC dba: Yellow Radio Services SDYC Holdings, LLC dba: Yellow Cab North County Transportation Services Cooperative, Inc. Cabco Yellow, Inc. dba: California Yellow Cab dba: Happy Taxi City of Seal Beach, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insured. SAGITTA 25.3 (2016103) 2 of 2 #S25802374/M24213344 POLICY NUMBER: 397BW52674 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization with whom you have agreed, in a written contract, that such person or organization should be added as an additional insured on your policy, provided such written contract is fully executed prior to an 'occurrence" in which coverage is sought under this policy. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 4COR6" `ate CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONYYY) 05/27/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER American Business Insurance Services, Inc. 32107 W. Lindero Cyn Rd, Ste 120 Westlake Village, CA 91361 CONTACT NAME: Roxanne Principe PHONE: 800-980-1950 ext 24 FAX: 800-980-1960 EMAIL ADDRESS: roxanne@abiweb.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: New York Marine & General Insurance Co 16608 INSURED Cabco Yellow, Inc. dba California Yellow Cab 520 W. Dyer Rd. Santa Ana, CA 92707 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURENCE CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICYJECT PRO LOC El El PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea occurrence BODILY INJURY (Per Person) ANY AUTO A ALL OWNED SCHEDULED AUTOSX AUTOS X AU2019TLP07302 10/01/19 10/01/20 BODILY INJURY(Pernccident) PROPERTY DAMAGE Per accident HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION E WORKERS COMPENSATION AND EMPLOYER' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE/ ElE.L. OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N/A ISTATUTE ERH EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space is required) City of Seal Beach, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insured. 1. 2013 Ford C -max 1 FADP5CUXDL555296 Certificate holder is listed as additional insured. -10 Day notice of cancellation in the event of non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 211 8th Street EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Seal Beach, CA 90740 THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Amon -jr nn4e/not MIME -2014 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD �1 ACORU` 1114.� AGENCY CUSTOMER ID: cabcoyello ADDITIONAL REMARKS SCHEDULE LOC #: AGENCY American Business Insurance Services, Inc. NAMED INSURED Cabco Yellow, Inc. dba California Yellow Cab 520 W. Dyer Rd. Santa Ana, CA 92707 POLICY NUMBER AU2019TLP07302 CARRIER NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FOB! NUMBER: 25 FORM CERTIFICATE OF LIABILITY INSURANCE 2. 2017 Honda Odyssey 5FNRL5H33HB008228 3. #600 2014 Toyota Prius JTDZN3EU4E3295356 4. #602 2012 Ford Transit Connect NMOKS9CN8CT075530 5. #606 2014 Dodge Caravan 2C4RDGEGI ER251052 6. #607 2012 Ford Transit Connect NMOKS9CN6CT075039 7. #609 2014 Toyota Prius V JTDZN3EU7E3326289 8. #611 2013 Dodge Caravan 2C4RDGBGODR819956 9. #612 2014 Dodge Caravan 2C4RDGBG9ER259050 10. #613 2014 Dodge Grand Caravan 2C4RDGBGOER275671 11. #614 2013 Toyota Prius V JTDZN3EU7D3228703 12. #618 2012 Dodge Caravan 2C4RDGEG9CR281252 13. #619 2012 Ford Transit Connect NMOKS9CN6CT075994 14. #620 2013 Toyota Prius JTDZN3EU7D3264469 15. #621 2012 Toyota Prius JTDZN3EU4C3020857 16. #628 2014 Toyota Prius V JTDZN3EU6EJ004867 17. #630 2014 Toyota Prius V JTDZN3EU2EJ005532 18. #633 2014 Toyota Prius V JTDZN3EU5EJ008571 19. #634 2013 Toyota Prius V JTDZN3EU2D3270521 20. #636 2015 Toyota Prius JTDZN3EU5FJO24416 21. #637 2014 Toyota Prius V JTDZN3EU8E3335650 22. #638 2014 Toyota Prius JTDZN3EU6EJ007459 23. #639 2014 Dodge Caravan 2C4RDGCG9ER390350 24. #640 2014 Dodge Caravan 2C7WDGBG3ER467737 25. #641 2013 Dodge Caravan 2C4RDGCGXDR543655 26. #645 2014 Toyota Prius JTDZN3EU9EJ015510 27. #646 2014 Toyota Prius V JTDZN3EU1EJ000497 28. #650 2014 Dodge Caravan 2C4RDGEGXER276161 29. #652 2012 Toyota Prius V JTDZN3EU8C3033076 30. #653 2012 Ford Transit Connect NMOKS9CN6CT076000 31. #654 2014 Chrysler Town And Country 2C4RC1 BG2ER442922 32. #655 2014 Toyota Prius V JTDZN3EU4E3317288 33. #659 2014 Toyota Prius JTDZN3EU9EJ009206 34. #660 2015 Dodge Caravan 2C4RDGCGXFR641359 35. #661 2013 Toyota Prius JTDZN3EU6D3225534 36. #663 2014 Toyota Prius JTDZN3EU9E3332935 37. #664 2013 Toyota Prius JTDZN3EU7D3279005 38. #665 2014 Toyota Prius V JTDZN3EU9E3331445 39. #668 2014 Toyota Prius V JTDZN3EUOE3296925 40. #669 2014 Toyota Prius JTDZN3EU6EJ003461 41. #670 2014 Toyota Prius V JTDZN3EUXEJ003754 42. #671 2014 Dodge Grand Caravan 2C4RDGBG4ER166565 43. #672 2014 Toyota Prius V JTDZN3EU9E3354224 44. #674 2013 Toyota Prius JTDZN3EU8D3249690 45. #675 2013 Toyota Prius JTDZN3EU 1 D3240023 46. #678 2015 Toyota Prius V JTDZN3EU6FJO18351 47. #680 2012 Ford Transit Connect NMOKS9CNXCT075545 48. #684 2015 Toyota Prius JTDZN3EU9FJO19140 49. #686 2016 Toyota Prius JTDZN3EUXGJ048535 50. #689 2010 Chrysler Town & Country 2A4RR5D17AR284631 51. #690 2015 Toyota Prius V JTDZN3EU9FJ019588 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,4CQ/rQ" AGENCY CUSTOMER ID: cabcoyello LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY American Business Insurance Services, Inc. NAMED INSURED Cabco Yellow, Inc. dba California Yellow Cab 520 W. Dyer Rd. Santa Ana, CA 92707 POLICY NUMBER AU2019TLP07302 CARRIER NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FOBS NUMBER: 25 FORM CERTIFICATE OF LIABILITY INSURANCE 52. #692 2012 Ford Transit Connect NMOKS9CN 1 CT076003 53. #693 2006 Dodge Caravan 2D4GP44L26R850655 54. #695 2015 Toyota Prius V JTDZN3EU4FJO19711 55. #699 2014 Ford Fiesta 3FADP4AJOEM123318 56. #700 2016 Ford Transit 1 FBZX2YM5GKA85023 57. #706 2011 Ford Crown Victoria 2FABP7BVOBX109722 58. #707 2016 Toyota Prius V JTDZN3EU9GJ053466 59. #708 2010 Nissan Altima 1 N4AL2AP7AN439127 60. #710 2014 Toyota Prius V JTDZN3EU3E3334549 61. #711 2014 Toyota Prius V JTDZN3EU4EJ010599 62. #712 2015 Toyota Prius V JTDZN3EU6FJO18480 63. #713 2015 Toyota Prius JTDZN3EU6FJO19676 64. #714 2013 Dodge Caravan 2C4RDGBG1 DR656024 65. #715 2014 Toyota Prius V JTDZN3EU9E3313754 66. #716 2017 Toyota Prius V JTDZN3EUGHJ062848 67. #722 2013 Dodge Caravan 2C4RDGCG5DR626605 68. #730 2013 Dodge Grand Caravan 2C4RDGCG2DR553712 69. #737 2010 Chrysler Town & Country 2A4RR5D16AR491835 70. #740 2014 Toyota Prius JTDZN3EUOEJ013676 71. #747 2010 Toyota Corolla 2T1 BU4EE8AC399174 72. #750 2014 Dodge Caravan 2C4RDGCG2ER119811 73. #758 2012 Ford Transit Connect NMOKS9CN8CT075544 74. #761 2011 Ford Transit Connect NMOKS9CNOBT045422 75. #763 2014 Dodge Caravan 2C4RDGCG1ER154436 76. #773 2014 Dodge Caravan 2C4RDGBGXER175688 77. #774 2014 Chrysler Town & Country 2C4RC1 BG6ER403170 78. #775 2014 Dodge Caravan 2C4RDGBGOER167454 79. #777 2013 Dodge Caravan 2C4RDGCG2DR626769 80. #778 2014 Dodge Caravan 2C4RDGBG5ER292000 81. #786 2014 Dodge Caravan 2C4RDGCG3ER128842 82. #804 2019 Dodge Grand Caravan 2C4RDGBG8KR751337 83. #810 2013 Dodge Caravan 2C4RDGCG7DR685199 84. #840 2013 Dodge Caravan 2C4RDGCGXDR627281 85. #905 2014 Dodge Grand Caravan 2C4RDGBG6ER180922 86. #908 2015 Chrysler Town And Country 2C4RC1 BG5FR716177 87. #919 2013 Dodge Grand Caravan 2C4RDGCGODR738390 88. #927 2016 Chrysler Town And Country 2C4RC1 BG5GR141290 89. #946 2014 Dodge Grand Caravan 2C4RDGBGOER389461 90. #947 2017 Toyota Prius V JTDZN3EU6HJ065396 91. #954 2016 Toyota Prius JTDKARFU3G3020546 92. #955 2014 Toyota Prius V JTDZN3EU8EJ015174 93. #959 2014 Toyota Prius Plug-in JTDKN3DP6E3053021 94. #963 2015 Toyota Prius JTDKN3DU7FO472830 95. #967 2014 Toyota Prius JTDKN3DU5E1749547 96. #968 2014 Toyota Prius JTDKN3DU3E1828604 97. #971 2015 Toyota Prius JTDKN3DU8F1901712 98. #977 2016 Toyota Prius JTDKBRFU5G3510385 99. #982 2016 Toyota Prius JTDKARFUOG3516825 100. #986 2017 Toyota Prius JTDKBRFU2H3042942 101. #987 2016 Toyota Prius JTDKBRFU4G3022609 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �-1 ACORO" AGENCY CUSTOMER ID: cabcoyello ADDITIONAL REMARKS SCHEDULE LOC #: AGENCY American Business Insurance Services, Inc. NAMED INSURED Cabco Yellow, Inc. dba California Yellow Cab 520 W. Dyer Rd. Santa Ana, CA 92707 POLICY NUMBER AU2019TLP07302 CARRIER NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM CERTIFICATE OF LIABILITY INSURANCE 102. #990 2017 Toyota Prius V JTDZN3EU6HJ057623 103. #994 2013 Toyota Prius JTDKN3DU2D5594723 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF L! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED, the If SUBROGATION IS WANED, subject to the terms and conditions of th this certificate does not confer rights to the certificate holder in lieu of s PRODUCER Faith Branvoid Go Sunset Business Insurance Solutions 7590 N Glenoaks Boulevard, Suite 200 Burbank, CA 91504 INSURED Cabco Yellow, Inc. 520 West Dyer Road Santa Ana, CA 92707 ABILITY INSURANCE DATE (MMIDDIWYYY) 05/14/2020 Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED polfcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. e Policy, certain policies may require an endorsement. A statement on uch endomemen s . =CT Lorelei C. Noonan PHONE .818-827-0315 FAX 310-301-3280 EaMIUL W@sunsetbfs.COm M AFFORDING COVERAGE NAIL A INSURER A: StarStOne National Insurance Company 25496 INSURERS: INSURER C : INSURER D : INSURER E; INSURER F: - --- " —' FVWMoGR; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED REVISION NUMBER: TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED HEREIN IS SUBJECT TO ALL THE TERMS, INSR BY PAID CLAIMS. Y EFF POLK Y EXP LTR TYPE OF INSURANCE Am im Y NUMBER ffi@1fDD0YYYYI1 COMMERCIAL GENERAL LIAaEJTY LIIIIrI CLAIMS -MADE F-1 OCCUR EACH OCCURRENCE f MI f MED EXP (An one Person) S PERSONALdADV INJURY S GEWL AGGREGATE LIMIT APPLIES PER: POLICY SPR LOC GENERAL AGGREGATE f OTHER: PRODUCTS -COMPIOPAGG $ AUTOYOBILELIAeILnY COMBINED SINGLE USMIT ANY AUTO scokimtS OWNED SCHEDULEDBODILY INJl1RY (Per person) S AUTOS ONLY AUTOS HIRED NON -OWNED BODILY INJURY (Per accxWt) S AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE S UMeRELLAUABHCOCLACIUMRS-MADE f EXCESSLU1s EACH OCCURRENCE $ AGGREGATE S DED R I S WORKERS COMPENSATION $ AND EMPLOYERS' LU1eRM YIN X TR DTH• ER ANYPROPRIETORIPARTNEPRMCUTIVE A OFFICEWMEMBEREXCLUDED? �Y NIA N T10190737 07/01/2019 07/01/2020 (Mandefty In NH) E.LEACHACCIDENT $ 1,000,000 N yes, deaarbe urdw E.L. DISEASE • EA EMPLOYE S 1.000.000 DE OF TI E.L. DISEASE - POLICY LIMIT S 1.000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES iACORD 10t, AddWonai Raaarka SeheduK maybe agached if mora spew is re**" CERTIFICATE HOLDER City of Seal Beach 211 8th Street Seat Beach. CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. - Wlvge-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD