HomeMy WebLinkAboutCOAST YELLOW CAB COOPERATIVE"KE
LICENSE AGREEMENT uft
THIS AGREEMENT, made and entered into this .r2 -- �(T , 'day of December, 2000 by ff
and between Coast Yellow Cab Cooperative, Inc., a California corporation (hereinafter.
"Licensee"), and the City of Santa Ana, a charter city and municipal corporation of the State of
California (hereinafter "Licensor").
RECITALS
A. Licensee desires to obtain a nonexclusive license to staff and provide taxi service at a
taxi stand at the Depot in Santa Ana.
B. In undertaking the performance of this Agreement, Licensee represents that it is
knowledgeable in its field and that any services performed by Licensee Linder this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional taxi company.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
Licensee shall perform those services as set forth in Exhibit A to this Agreement,
2. COMPENSATION
Licensee agrees to pay to Licensor, in advance of the first day of February 2001 and
thereafter on the first day of each month of this License Agreement, a license fee in the
amount of $6,350.00 per month. Said payment to be made payable to the City of Santa
Ana, Post Off -ice Box 1988 (M-86), Santa Ana, California 92701. The total amount
Licensee shall pay to Licensor during the term of this Agreement is $152,400.00.
This Agreement shall commence on February 1, 2001 and terminate on January 31, 2003,
zn
unless terminated earlier in accordance with Section 12, below. The term of this Agreement may
be extended for two additional one year terms upon a writing executed by the Executive Director
of the Community Development Agency and the City Attorney.
Licensee shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City of Santa Ana. This Agreement is not
intended nor shall it be construed to create an employer -employee relationship, a joint venture
relationship, or to allow Licensor to exercise discretion or control over the professional manner
in which Licensee performs the services which are the subject matter of this Agreement;
however, the services to be provided by Licensee shall be provided in a manner consistent with
all applicable standards and regulations governing such services. Licensee shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Licensee shall maintain
and shag require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Licensee shall maintain commercial general
liability insurance naming the City, its officers, agents, volunteers, and employees as additional
insured(s) and shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from
any act or occurrence arising out of Licensee's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence.
Licensee shall supply City with a frilly executed additional insured endorsement in substantially
the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in
form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Licensee, if Licensee has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Licensee agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Licensee is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Licensee
pursuant to this section:
(i) Licensee shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to Licensor upon execution of
this Agreement and shall be approved in form by the City Attorney.
2
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to Licensor.
e. If Licensee fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish Licensor with required proof that insurance has
been procured and is in force and paid for, Licensor shall have the right, at Licensor's
election, to forthwith terminate this Agreement.
6. INDEMNIFICATION
Licensee agrees to and shall indemnify and hold harmless Licensor, its officers, agents,
employees, Licensees, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Licensee or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) frorn any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Licensee further agrees to indemnify, hold harmless, and pay all costs
for the defense of Licensor, including fees and costs for special counsel to be selected by
Licensor, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. Licensor may snake all reasonable decisions with respect to its representation in any
legal proceeding.
7. CONFIDENTIALITY
If Licensee receives from Licensor information which due to the nature of such
information is reasonably understood to be confidential .and/or proprietary, Licensee agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Licensee disclosed in a publicly available source; (c) is in rightful possession of the
Licensee without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Licensee without reference to information
disclosed by Licensor.
8. CONFLICT OF INTEREST CLAUSE
Licensee covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To Licensor:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and,
John Reekstin
Executive Director of the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Licensee:
Coast Yellow Cab Cooperative, Inc,
11611 Westminister Avenue
Garden Grove, California 92843
4
Attn: Janice M. Cotton
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between Licensor and
Licensee, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by Licensor and by an authorized representative of Licensee. The parties
agree that any terms or conditions of any instrument that are inconsistent with, or in addition to,
that terms and conditions hereof, shall not bind or obligate Licensee nor Licensor. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which
are not embodied herein.
11. ASSIGNMENT
Licensee may not assign, transfer, delegate, or subcontract any interest herein without the
prior written consent of Licensor and any such assignment, transfer, delegation or subcontract
without Licensor's prior written consent shall be considered null and void. Nothing in this
Agreement shall be construed to limit Licensor's ability to have any of the serviceswhich are the
subject to this Agreement performed by City personnel or by other entities retained by Licensor.
12. REVOCATION
Licensor reserves the right to revoke this Agreement automatically if Licensee fails to
comply with any of the provisions of this License Agreement prior to the above ending date.
13. DISCRIMINATION
Licensee shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Licensee affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Licensee shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Licensee shall notify Licensor
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify Licensor fully, including reasonable costs and attorney's fees, for any injuries or
damages to Licensor in the event that such authority or power is not, in fact, held by the signatory or
is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
EXHIBIT A
SCOPE OF SERVICES
Licensee shall perform the following services pursuant to this License:
a. Provide and maintain in a clean condition, a taxi stand at The Depot at Santa Ana
for up to four (4) taxis. No more than four (4) taxis will be parked in the taxi zone
at any time.
b. During peals hours, 6:00 -- 9:00 a.m. and 3:00 -- 7:00 p.m., Monday through
Friday, a minimum of three (3) taxis shall be on the premises at all times.
C. The taxi .stand shall be compatible with the architectural style of The Depot and
shall be approved by Licensor prior to its construction. Licensee shall pay all
costs of improvement, including approved signage and curb painting.
2. Licensor reserves the right to allow the transportation tenants of The Depot, including
Greyhound Bus Lines and Amtrack, to contract out for other taxi companies to pick up
pre -ticketed passengers. If Licensor approves the other taxi companies it shall notify
Licensee of such approval.
3. Licensee agrees that it will relocate the taxi stand to another location at The Depot if
requested by Licensor, provided the new taxi stand location is adjacent to an entrance of
The Depot.
IN WITNESS WHEREOF, the par -ties hereto have executed this Agreement the date and
year first above written.
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!;XTRICIA E. HEALY MIGU'EL A. PULIDO
Clerk of the Council Mayor
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JOSEPH W. FLETCHER
City Attorney
By:
LAj SHEEDY
Deputy City Attorney
DAVID N. REA
City Manager
LICENSEE
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Rhice M. Cotton.
,."Chrcf:F inancial Officer
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92701; Its officers, employees, agents and volunteers are named as additional Insureds
C'addit(or,sl inturedel) with regard to liability and defense of suits arising front' the
operations and usez performed by or on ehaif of the rtarnea insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such lnsuranoe as Is afforded icy this policy is
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CITY COUNCIL MEETING DATE:
JUNE 4, 2001
tt"11,11411A
AGREEMENT FOR TAXI SERVICES
AT THE DEPOT AT SANTA ANA
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CITY MANAGER
FilviratNOW01
CJ As Recommended
El As Amended
(J Ordinance on 1st Reading
El Ordinance on 2nd Reading
• Implementing Resohtion
• Set PUblic Hearing For_
FILE NUMBER
Direct the City Attorney to prepare, and authorize the Mayor and the
Clerk of the Council to execute, an agreement with Coast Yellow Cab
Cooperative for a two-year period with options for two, one-year
renewals for taxi services at The Depot.
DISCUSSION
The City has contracted with a single company to provide taxi service as
a convenience for Depot patrons since 1986. The agreement is an
effective tool to ensure consistent service from a reliable taxicab
company. In 1998, the City Council approved an agreement with Coast
Yellow Cab Cooperative which has provided $42,060 in annual revenue.
With the expiration of the current contract, staff prepared a Request
for Proposals (RFD) to solicit bids for taxi services.
The notice inviting proposals was mailed on October 13, 2000. Below is
a summary of the proposals solicited and those received:
23 Request for Proposals mailed
3 Request for Proposals mailed to Santa Ana vendors
5 Proposals received
2 Proposals received from Santa Ana vendors
Parle 79 25nGE CS 3133
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Agreement for Taxi Services
At The Depot at Santa Ana
June 4, 2001
Page 2
The ratings for the five proposals received are as follows:
FIRM RATING
Coast Yellow Cab 355
Yellow Cab of North Orange County 290
American Livery, Inc. 275
Fiesta Taxi 263
A White & Yellow Cab 260
The proposals were evaluated by a Community Development Agency and
Police Department team using the following criteria: qualifications,
history of firm, reputation of firm, City of Santa Ana experience with
firm, and revenue offered in the proposal. Coast Yellow Cab
Cooperative, based in Garden Grove, received the highest rating based on
the evaluation criteria, and submitted the proposal with the highest
amount of potential revenue. Coast Yellow Cab Cooperative is the
current vendor and has performed at a high level during the contract
period.
FISCAL IMPACT
The agreement will provide revenue to The Depot in the amount of $6,350
per month for total revenues of $152,400 for the two-year period in the
Concession -Taxi Stand Revenue Account (account no. 67-01-5614).
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JbIn'n P. Rekstin
Executive Director
Community Development Agency
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Rod R. Coloma
Executive Director
Finance & Management Services Agency
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.,Laura,_..�.��,�,...,...�a.,....-.,._,.-..,_..,.,..ry..-.�.., ,.....�,�......�...�„ �..,,,��,.........Re: Yellow Cab Co, of Greater ..� .�_,..�,.,..-..
Good Morning Laura,
i received your voicemail message requesting a copy of the endorsement
issued on last year's general .liability policy for Yellow Cab Co. of
Greater Orange County until the new endorsement can be issued. The
attached endorsement actually doesn't have a policy number on it, so I
guess you cars use it for either year.
5 will send you a copy of the new endorsement for this year as soon as x
receive it from the company.
if there is anything further that you need, please don't hesitate to
call me.
Thanks and have a good day.
Win Youngblood