HomeMy WebLinkAboutPACIFIC COAST SHUTTLES DBA FUTURA BUS NET, INC.INSURANCE ON FILE A-2023-180
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
CITY CLERK
DATE: NO 17 ZR3
9. 9W k C% LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA
(61.L,,,-ch)Ake PACIFIC COAST SHUTTLES, LLC DBA FUTURA BUS NET FOR USE OF
THE SANTA ANA REGIONAL TRANSPORTATION CENTER FACILITIES
This LICENSE AGREEMENT ("Agreement") by and between the City of Santa Ana, a municipal
corporation of the State of California ("City") and Pacific Coast Shuttles, LLC, a California limited liability
company dba Futura Bus Net, Inc., a California Corporation (Referred to as "Licensee") is dated as of
October 17, 2023 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party"
and collectively as "Parties."
RECITALS
A. Licensee is a provider of interstate bus transportation services throughout the Western
United States as well as international travel to various destinations throughout Mexico.
B. Licensee previously submitted a proposal to the City's Request for Proposal No. 20-032
("Proposal"). City will incorporate the information from this Proposal for this License Agreement. The
terms and conditions of this License Agreement shall supersede any costs, details, or other information in
the attached exhibits and Proposal which may conflict with this License Agreement.
C. Licensee desires the use of and access to the Santa Ana Regional Transportation Center
Facilities ("SARTC" or "Facilities"), located at 1000 East Santa Ana Boulevard in the City of Santa Ana,
for a bus stop for the purpose of drop off and pick up of its Invitees (defined below) that utilize Licensee's
bus services ("Transit Services"). City desires to allow Licensee the use of and access to the Facilities for
a bus stop for the purpose of drop off and pick up of its Invitees and allowing its Invitees to utilize the
Transit Services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter
contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties
agree as follows:
1.1 Facilities Subject to License. City owns the real property commonly known as the Santa
Ana Regional Transportation Center (SARTC). Subject to the terms and conditions of this Agreement, City
hereby agrees to allow Licensee the non-exclusive use of and access to one (1) bus bay at the Facilities as
a bus stop for the purpose of drop off and pick up of its Invitees (defined below). - THE BUS BAY
SUBJECT TO THIS LICENSE IS BUS BAY #8 ("License Area"). See Exhibit A for description of License
Area. The parties understand that the City may unilaterally reassign the License for Bus Bay #8 to another
bus bay in the future upon written notice by the City and that all terms and conditions of this license will
likewise apply to any replacement bus bays.
1.2 Term, Grant of License, Terms of License. Term. City hereby grants to Licensee a non-
exclusive license ("License"), during the term of this Agreement, for vehicular and pedestrian ingress to
and egress from the Facilities and vehicular and pedestrian use of the Facilities for its regularly scheduled
passenger service. Licensee shall offer patrons the ability to pay in cash or by credit card. THIS
AGREEMENT IS INTENDED AND SHALL BE CONSTRUED ONLY AS A REVOCABLE LICENSE
TO USE THE LICENSE AREA AND NOT AS A LEASE OR GRANT OF ANY POSSESSORY OR
OTHER INTEREST. At all times, Licensee is required to fully and adequately meet the requirements
presented in Licensee's proposal, which is attached hereto as Exhibit B and incorporated herein by
reference. The Parties understand that the Licensee is not authorized to begin business operations until the
conditions in Section 1.5 of this Agreement have been fully complied with by Licensee.
1.3 Tenn. This Agreement shall expire in six (6) months from November 1, 2023
("Commencement Date") with the option for the City to grant up to four (4) one (1) year renewals,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance
with Section 1.10 of this Agreement. If, at the sole determination of the City, the Licensee has not fully
complied with Section 1.5 of this Agreement, any rights granted to the Licensee under this Agreement shall
terminate, and this Agreement shall be automatically terminated as of that date without any further action
by the City.
1.4 Restrictions on Use of Facilities. Licensee shall not use, and shall prohibit its Agents
(defined as follows) or Invitees (defined as follows) from using the Facilities other than for the purposes
specified herein. The term "Agents" shall mean Licensee's officers, directors, members, agents,
employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees"
shall mean Licensee's invitees, guests, customers or business visitors.
The Invitees shall have access, during normal operating hours, to the Licensed Area by way of the
common areas of SARTC. Notwithstanding the foregoing, the public and Licensee's Invitees shall not block
any paths in ingress or egress or the permitted areas of any other licensee or tenant of SARTC.
1.5 City pproval of Licensee's Buses.
Licensee shall provide the City with documentation listing for each and every bus providing
services at the SARTC:
(1) Registered owner;
(2) VIN number;
(3) License plate number;
(4) USDOT number;
(5) Proof of authorization from the Federal Motor Carrier Safety Administration ("FMCSA");
(6) Proof of insurance; and
(7) An annual list of all licensed drivers who may operate the buses. Licensee may utilize drivers
not identified on the list in case of unavailability so long as all substitute drivers have all applicable licenses
and qualifications and the names and qualifications of the substitute drivers are provided to the City within
fourteen (14) days of said substitution.
In the event such information is the subject of a request under the California Public Records Act,
City will refrain from disclosing personal contact or other information that may be private, but only to the
extent permissible under the Act and its interpreting authorities.
Additionally, Licensee shall ensure that use of the Bus Bays shall be by clearly marked buses
identifying the Licensee company name and USDOT number. Licensee agrees that it will provide the City
with a list of buses that will use Bus Bay #8 as a precondition for use of the Bus Bays. Any additional
buses must be approved by the City prior to beginning service. The use of any non -approved bus at the
SARTC by Licensee or Licensee's failure to have the required authorizations from USDOT and FMCA, or
any other applicable government or regulatory body, shall constitute a breach of this Agreement and will
result in immediate termination thereof.
1.6 Compensation. As consideration for its use of the License Area and related Facilities,
Licensee agrees to pay a monthly fee of Two Thousand Five Hundred Dollars ($2,500.00) per month
("License Fee") for the term of this Agreement. Licensee shall commence the payment of the License Fee
on the Effective Date. Such payment shall be made payable to the City of Santa Ana, in advance for each
month, and at the following address: payable to "The City of Santa Ana" and remitted to: City of Santa
Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge often percent
00%) shall be applied to any payment hereunder due but unpaid after the 1 Ott' of the month. The
consideration for this License shall be subject to a CPI adjustment annually for the most current period
(for All Urban Consumers) annually on the anniversary of the Effective Date of this Agreement.
1.7 AS -IS Condition. City makes no representation or warranty of any kind as to the condition
of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby
disclaims and waives any and all objections to the physical and other characteristics and conditions of the
License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of
Licensee's own investigation of the condition of the License Area. The license to use the License Area
shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty
expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby
acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use.
Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition
at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area
is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged
or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no
obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe.
1.8 No assignment of License. The permission, rights and privileges granted hereunder are
nonexclusive and nontransferable. Licensee shall not, either voluntarily or by action of law, assign or
transfer this License or any obligation, right, title or interest assumed by Licensee herein without the prior
written consent of the City. If Licensee attempts an assignment or transfer of this License or any obligation,
right, title or interest herein, City may at its option, terminate the License pursuant to Section 1.10 below
and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee.
1.9 Agreement to Protect and Maintain Facilities. Licensee, on behalf of its Agents and
Invitees, agrees to take all prudent action to protect the Facilities from any damage or injury caused by the
exercise of this License. Licensee shall immediately notify City of any damage or injury to the Facilities
caused by its use of the Facilities.
No temporary or permanent signs or awning shall be erected or maintained upon or attached to the
outside of the premises except such signs which have been approved in advance by City.
1.10 City's Right of Suspension, Termination. City reserves the right to immediately suspend
all activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or
conditions of this Agreement or the Lease Agreement attached hereto as Exhibit C, and incorporated herein
by reference. Such suspension or termination shall be effective immediately.
City may temporarily suspend access to and use of all or any portion of the License Area for
operational, maintenance, repair, security, emergency or other purposes at City's discretion. City will
provide Licensee with as much notice as is reasonably possible prior to any such suspension, which notice
will include: (a) the date when such suspension of access and use will commence; (b) the anticipated
duration of such suspension of access and use; (c) the reason for such suspension of access and use; and (d)
that portion of the License Area subject to such suspension of access and use. During such periods of
suspension, Licensee will be unable to access, use or operate on that portion of the License Area to which
City has suspended access and use. If, during such periods, Licensee desires or needs to continue to operate
its bus service, it shall be solely responsible for the provision of the same without the use of that portion of
the License Area over which access and use have been suspended. City shall not be liable for any cost or
damage incurred by Licensee as a result of any suspension of access or use pursuant to this Section 1.10,
including, without limitation, any consequential damages resulting therefrom. City shall use reasonable
commercial efforts to provide alternate space in the License Area during the period of suspended access
and use.
Licensee may at any time terminate the license created by this Agreement by prior written notice
pursuant to Section 2.1 of this Agreement to the City.
1.11 Compliance with Laws; Regulatory Approvals. Licensee shall, at its sole expense, conduct
and cause to be conducted all activities on the Facilities in compliance with all laws, regulations, codes,
ordinances and orders of any governmental or other regulatory entity, and whether or not in the
contemplation of the parties.
1.12 Indemnification. Licensee shall indemnify, defend, and hold harmless City, and its
respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and
against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and
damages to persons and property, including death, arising out of or related to Licensee's use of the License
Area, the entry by any Licensee Party on the License Area or any portion of the Property or surrounding
property, or Licensee's breach or default in the performance of any of its obligations under this Agreement;
provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims
arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or
proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of
written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel
reasonably acceptable to Covered Party. Payment of any settlement or judgment by Covered Parties shall
not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of
liability or an obligation to indemnity shall not be a condition precedent to the duty to defend. The
provisions of this Section 1.12 shall survive the termination or expiration of this Agreement.
1.13 Insurance.
Certificate Holder must be addressed as follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Licensee shall procure and maintain for the duration of the contract insurance against claims forinjuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder and the results of that work by the Licensee, his agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering
CGL on an "occurrence" basis, including products and completed operations, property damage, bodily
injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/
location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code
1), or if Licensee has no owned autos, hired (Code 8) and non -owned (Code 9) autos, with limit no
less than $1,500,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and
Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or
disease.
If the Licensee maintains broader coverage and/or higher limits than the minimums shown above, the City
requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Licensee.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the
CGL policy with respect to liability arising out of work or operations performed by or on behalf of the
Licensee including materials, parts, or equipment furnished in connectionwith such work or operations.
General liability coverage can be provided in the form of an endorsement to the Licensee's insurance (at
least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG
20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Licensee's insurance coverage shall be primary coverage at least
as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its officers,officials, employees, or volunteers shall be
excess of the Licensee's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice
to the City.
Waiver of'Subrogation
Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may
acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain
any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require theLicensee to
purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy language shall provide, or be
endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Licensee shall furnish the City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City
before work begins. However, failure to obtain the required documents prior to the work beginning shall not
waive the Licensee's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior
experience, insurer, coverage, or other special circumstances.
2. MISCELLANEOUS TERMS
2.1 Notices, Demands and Communications between the Parties.
2.1.1 Formal notices, demands and communications between Licensee and City shall be
deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal
Service, postage prepaid, return receipt requested, as designated in this Section; or (ii) by messenger service
for immediate personal delivery; or (M) by electronic transmittal, including fax transmissions with
telephonic verification receipt. Such written notices, demands and communications may be sent in the same
manner to such other addresses as either Party may from time to time designate by written notice to the
other Party.
2.1.2 All notices, demands and communications shall be sent, as follows:
TO LICENSEE:
Futura Bus Net, Inc.
4425 E. Olympic Blvd.
Los Angeles, CA 90023
TO CITY:
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-22)
Santa Ana, California 92701
Attention: Executive Director of Public Works
Fax: (714) 647-6515
2.1.3 Notices that are dispatched by registered or certified mail through the United States
Postal Service shall be deemed to be received, regardless of whether or when any return receipt is received
by the sender or the date set forth on such return receipt, five (5) calendar days after deposit with the United
States Postal Service. Notices that are dispatched by messenger for immediate personal delivery services
shall be deemed received upon the day dispatched. Notices dispatched by express delivery services shall
be deemed received upon execution of the delivery receipt by the Party receiving such notices. Notices
dispatched through electronic transmittals shall be deemed received upon telephonic verification of such
receipt.
2.2 Amendment. With the exception of a reassignment of the License Area as described in
section 1.1, this Agreement may be amended at any time by the mutual consent of the Parties by an
instrument in writing signed by both Parties.
2.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations
under this Agreement and the satisfaction of the conditions of this Agreement.
2.4 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
2.5 Time is of the Essence. For each provision of this Agreement which states a specific
amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the
essence.
2.6 Governine Law. This Agreement shall be governed by the laws of the State of California
without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the
County of Orange, California, regardless of the order of the signatures of the Parties affixed hereto. Any
litigation or other legal proceedings which arise under or in connection with this Agreement shall be
conducted in a federal or state court located within or for Orange County, California. The Parties consent
to the personal jurisdiction and venue in federal or state court located within or for the County of Orange,
California and hereby waive any defenses or objections thereto including defenses based on the doctrine of
forum non conveniens.
2.7 Litigation Expenses. If either party to this Agreement commences an action against the
other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of
suit from the losing party.
2.8 Construction; References; Captions. Since the Parties or their agents have participated
fully in the preparation of this Agreement, the language of this Agreement shall be construed simply,
according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or
period for performance shall be deemed calendar days and not work days, except as otherwise specified in
this Agreement. All references to City include all officials, officers, employees, personnel, agents,
volunteers, contractors and subcontractors of City, except as otherwise specified in this Agreement. All
references to Licensee include its officials, officers, employees, personnel, agents, volunteers, contractors
and subcontractors, except as otherwise specified in this Agreement. The captions of the various articles
and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
2.9 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting
Party on any default shall impair such right or remedy or be construed as a waiver. Either Parties' consent
or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or
render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by either
Party of any default must be in writing and shall not be a waiver of any other default concerning the same
or any other provision of this Agreement.
2.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the
exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other default by the
other Party. All warranties and promises to indemnify shall survive the termination, abandonment, or
completion of this Agreement.
2.11 Legal Counsel Each Party acknowledges that: (i) it has read this Agreement; (ii) it has
had the opportunity to have this Agreement explained to it by legal counsel of its choice; (iii) it is aware of
the content and legal effect of this Agreement; and (iv) it is not relying on any representations made by the
other Party or any of the employees, agents, representatives, or attorneys of the other Party, except as
expressly set forth in this Agreement.
2.12 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect
any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
2.13 Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be
binding upon, each of the Parties and their respective successors and assigns.
2.14 Authorized Representatives. The person or persons executing this Agreement on behalf
Licensee and City warrants and represents that he/she has the authority to execute this Agreement on behalf
of that Party and that he/she has the authority to bind that Party to the performance of its obligations
hereunder.
2.15 Entire Agreement. This Agreement constitutes the entire and integrated agreement of
Licensee and City with respect to the subject matter hereof and supersedes any and all prior and
contemporaneous oral or written negotiations, representations or agreements.
[signature page to follow]
IN WITNESS WHEREOF, tho parties 11e1'et0 11:1Ve CaMod this Agreement to be executed by and
through their authorized officers the day, month and year first written abovo.
ATTEST:
nnifer L. F I
r
� \
\\
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
abit Saba, P.E.
Executive Director
Public Works Agency
CITY OF SANTA ANA
-
Steven A. Mendoza
Acting City Manager
PACIFIC COAST SHUTTLES, LLC. DBA
FUTURA BUS NET, INC.
L
BY:
Titte: QQ QAk p nq� er
EXHIBTT "An
4-
ith
El XIIIBIT "B"
SEALED PROPOSAL FOR
RFP 20-032
BUS PASSENGER SERVICES
SANTA ANA REGIONAL TRANSPORTATION CENTER
DO NOT OPEN WITH REGULAR MAIL
City of Santa Ana
Attn: Gabriela P. Lomeli
Public Works Agency; M-22
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
d. Monthly Bus Bay Rental Fee $2,500.00
For our Option B: 1 Bus Bay we propose paying the rent of $ for the Bus
Bay to which we are assigned.
II. SCOPE OF SERVICES AND SCHEDULES
Futura Net proposes to operate inside of SARTC, with regular departures from
6:00am-10:00pm. Our proposed departure times departing from Santa Ana to the
south, with destinations to San Diego, San Ysidro, Otay, Cross Border Xpress, Tijuana
Airport, Tijuana Bus Station and cities throughout Mexico are as follows: 6:15am,
7:30am, 8:30am, 9:30am, 10:30am, 11:30am, 12:30pm, 2:30pm, 4:00pm, 5:00pm,
6:00pm, 7:00pm, 8:00pm, and 9:00pm. Our departure times headed north and east
from Santa Ana, with destinations to Los Angeles, San Fernando, Las Vegas, Phoenix,
El Paso, Bakersfield, Fresno, Stockton, Sacramento, states of Oregon, Washington, are
as follows: 8:00am, 9:00am, 10:00am, 11:00am, 12:00pm, 1:00pm, 2:00pm, 3:00pm,
4:00pm, 5:00pm, 6:00pm, 7:00pm, 8:00pm, 9:00pm, 10:00pm.
We pride ourselves in our safety record and the consistency of our departure
times. Although departure times are subject to change due to extreme traffic conditions
and weather conditions, it is rare for our departures to vary dramatically. Futura Net
plans to have a total of 30 arrivals and departures per day operating a total of 16 hours
per day 365 days of the year, providing service to the traveling public at the SARTC.
Our fleet of shuttles allows us to offer a shuttle service for travelers to any local
address from the SARTC. Our shuttle service would also compliment the other tenants,
as we do in our other locations, to provide for travelers service to and from the doorstep
of their house or address that they choose. This largely eliminates the need for taxi,
Uber and Lyft services which often impact terminals in the amount of unnecessary
motor vehicle traffic. We plan to extend our personalized Shuttle service at the SARTC.
As in our other terminals, we would assign a manager on duty at the SARTC to ensure
that our operations are running smoothly at all times.
III. GENERAL
Company Name: Pacific Coast Shuttles LLC dba Futura Net - provides bus and shuttle
services.
0
Sister Company: Future Bus Net, Inc. - provides ticket sales
Purpose of bus service: Our service currently connects travelers between the San
Diego/Tljuana area directly through to Los Angeles. The purpose of establishing a
terminal in Santa Ana is to reduce the Impact of our Shuttle service from our Los
Angeles hub and to connect travelers to and from Orange County with our current
routes. Connecting SARTC would reduce the burden on our Orange County customers
from having to drive to our Los Angeles hub In order to get to their desired destination.
Opening a terminal in SARTC would permit more customers to utilize our services as
well as providing an additional stop to our current routes.
We provide bus service to our more distant locations and Shuttle Service
throughout Southern California. Our Shuttle Service departs hourly to provide
door-to-door service to our Southern California customers. Customers can be picked
up at the SARTC and take a trip to San Diego and either arrive at the San Diego
terminal as a final destination or be transported directly to their hotel or residence within
certain parameters. Customers can arrive at SARTC and we would transport them
directly to their hotel or residence in Orange County.
We currently operate the most crossed border in the world, where 25,000
pedestrians cross near our Transit Center in San YsidmMjuana. Many of these
pedestrians utilize our Shuttle Service to travel to Los Angeles and Orange Counties.
We provide a service to bring as many of those travelers whose final destination is in
Orange County, to the city of Santa Ana. Our Shuttle Service will be a boost to the
Santa Ana local economy.
Anticipated monthly rental amount per bay: We propose to pay $3,000.00 per month
for the single bay based upon the rent which we pay in our other locations in the Los
Angeles Bus Terminal and the International Transit Center at the San Ysldro Port of
Entry. Additionally, we Intend to lease a ticketing booth in SARTC as we do in other
terminals. The anticipated monthly rental of the booth is $2,000 per month, which will
be used to sell tickets from. Our total anticipated rental from SARTC Is $5,000 per
month. See attachment 3-6: Fee Schedule.
At the Los Angeles Bus Terminal, our total lease amount is $6,180.00 per month
for our bus bays and our separate booth combined for ticket sales, At the International
Transit Center at the San Ysldro Port of Entry, our Bus Bay lease Is $1,630.00 per bay
and our ticket booth is $2,185.00 per month for a total of $3,816.00 per month.
Anticipated destinations: Our anticipated destinations from the SARTC are the
following: San Diego, San Ysldro, Otay, Cross Border Xpress, Tijuana Airport, Tijuana
Bus Station, Los Angeles, Huntington Park, Fontana, Pacoima, Bakersfield, Fresno,
In
Merced, Modesto, Stockton, Sacramento, Redding, Arizona (Phoenix, Tucson), Texas
(El Paso), Nevada (Las Vegas), Utah (Saint George, Cedar City, Salt Lake City),
Oregon (Medford, Eugene, Salem, Portland), Washington (Tacoma, Seattle, Everett),
and Mexico (Chihuahua, Torreon, Fresnillo, Jerez, Zacatecas, Leon, Irapuato, Morelia,
Guadalajara, Aguascalientes, Mexico City, Nogales, Ciudad obregon, Los Mochis,
Culiacan, Mazatlan, Tepic).
Other transit stops: Future Not serves numerous transit locations throughout Southern
California, including stops in Pacoima, Downtown Los Angeles, East Los Angeles, San
Ysidro, Fontana, as well as transit stops throughout Mexico, including Fresnillo, Jerez,
Huejucar, Tlaltanango. We also serve transportation locations through our competitive
partnerships at numerous other pick up and drop off points.
Proposed transportation schedule: Southbound departures every hour at the bottom
of the hour. Northbound/Eastbound departures every hour at the top of the hour.
Operating from 6:00am until 10:00pm.
Total estimated trips per day: 30
On time percentage: 97%
Expected ridership daily, monthly, and annually: Our current expected ridership
annually is 120,000 riders, which is approximately 6,000 to 12,000 passengers per
month depending upon seasonal demand. Our daily demands range from about 225 to
480 passengers daily.
Company local address: 4425 E. Olympic Blvd. Los Angeles, CA 90023
Phone:(323)266-2233
Ownership Detailer: Privately held California limited liability company whose Managing
Member is Tavin Lopez, Operations Manager is Eric Lopez, Legal services and
business consulting by Orloff & Associates APC. Management operations supported by
Rafael Lopez. Ticket sales through Future Bus Net Inc.
Account Representative: Eric Lopez
Phone:(562)805-3565
Certifications: Bachelor of Science from California State University, Long Beach,
Secretary of the Border Transportation Council.
11
Any recent defaults: No
Any recent bankruptcies: No
Any lawsuits with station/station manager: No
Years in business: Pacific Coast Shuttles LLC - 5 years. Futura Net - 13 years
Proof of Insurance: Yes
IV. FEE PROPOSAL / FEE SCHEDULE
$2,500
$3r;6 per month for the lease of the bus bay Option B - one bus bay only.
Proposed additional $-per month for the lease of the ticket booth. See attached
3-6 Fee Schedule $1,500
V. CERTIFICATIONS/STATEMENTS
Attachment 3-1: Non Collusion Affidavit
Attachment 3-2: Non -Lobbying Certification
Attachment 3-3: Non -Discrimination Certification
Attachment 3-4: Agreement Statement
Attachment 3-5: References
Attachment 3-6: Fee Schedule
12
Appendix
ATTACHMENT 3-6: FEE SCHEDULE
Certification - I certify that I have read, understand and agree to the terms and conditions
of this Request for Proposals. I have examined the Scope of Services (Appendix:
Attachment 1) and am familiar with the scope of work. I am familiar with all the existing
conditions and limitation that may impact work requests. I understand and agree that I
am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
Proposer Fee — Fee shall be based on either Option A or B
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Pgc �ic. Lhus� 51,��r�IPc i L( nC�A F,,iv a A)�i
Item #
Bid Item (by Site)
Monthly Fee Proposed
Annual Fee Proposed
Option A
2 Bus Bays
S
S
Option B
1 Bus Bay
S
STREET
CSLB NUMBER
City of Santa Ana — RFP 20-032
Bus Passenger Services at SARTC
A3-6 (page 1)
CODE
DIR REGISTRATION NUMBER
l-,
EXHIBIT "C"
[Lease Agreement Intentionally Omitted
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Pacific Coast Shuttles, LLC
Name:
Project TBD (074)
Number:
Project Lease Agreement By And Between The City Of Santa Ana And
Name: Pacific Coast Shuttles, LLC DBA Futura Bus Net, Inc. For Use
Of The Santa Ana Regional Transportation Center Facilities
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. Please see upcoming expiration for
Automobile Liability.
The compliant coverage(s) are:
TYPE OF INSURANCE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
1 1 /9/2023 3:55 PM
POLICY
EXPIRATION
FILE
COI DATE
NUMBER
DATE
NAME
PCS LLC
COI FOR
INSURED
5C22111035
11/18/2023
09/13/2023
UNITS
SANTA
ANA COI -
KL.pdf
Pacific Coast
CPS7829086
07/12/2024
10/30/2023
Shuttles LLC
COI
SARTC.pdf
PCS LLC
WORKERS
COMP - COI
A9WC460356
05/26/2024
09/13/2023
- CITY OF
SANTA
ANA-
AC.pdf