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PACIFIC COAST SHUTTLES DBA FUTURA BUS NET, INC. (5)
INSURANCE ON FILE A-2024-045 WORK MAY PROCEED UNTIL INS,I i i CE EXPIRE' CITY CLERKAPF 2 8 2025 DATE. CONSENT TO SUB-LICENSE AGREEMENT tti) This CONSENT TO SUBLICENSE AGREEMENT("Agreement") is dated as of April 16,2024, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation l�V existing under the Constitution and laws of the State of California("City"), Pacific Coast Shuttles,LLC,a California limited liability company dba Futura Bus Net, Inc., a California corporation ("Licensee"), and Ohana Shuttles,LLC,a California limited liability company("Sublicensee"). RECITALS A. Licensee and Sublicensee provide bus transportation services throughout the state of California. B. On October 17,2023,Licensee entered into License Agreement No.A-2023-180("License Agreement"), which is incorporated herein by this reference and attached as Exhibit A. The License Agreement provides for 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(as defined in the License)that utilize Licensee's bus services ("Transit Services"). The bus bay subject to this Agreement is Bus Bay#8 ("License Area") as described in Section 1.1 of the License Agreement. C. Pursuant to Section 1.8 of the License Agreement,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. D. Licensee desires to allow Sublicensee the use and access of the License Area 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, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Consent to Sublicense. Pursuant to Section 1.8 of the License Agreement,the City hereby confirms its consent to the sub-license by Licensee to Sublicensee. Sublicensee acknowledges and agrees that it will be bound by the terms and Conditions of the License Agreement including but not limited to indemnifying the City and providing the insurance requirements more fully described in the License Agreement. 2. Fee. As consideration for this Agreement, Sublicensee shall be required to pay $1,500.00 per month in compensation to the City, as further described in Exhibit B, which is attached hereto and incorporate herein by this reference. Licensee shall continue to pay the monthly license fee as provided in Section 1.6 of the License Agreement. 3. Term.This Sublicense shall commence on May 1, 2024 and terminate on April 30, 2025, with the option for the City to grant up to three(3), 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 the License Agreement. In the event the City and/or Licensee terminates the License Agreement, this Agreement shall automatically terminate without any further action by the City. Page 1 of 3 4. Miscellaneous. 4.1 Entire AjUeement,.Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City,Licensee and Sublicensee. 4.2 No Assignment. Sublicensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 4.3 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 4.4 Litigation Expenses. If the parties 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. 4.5 Authori . The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement,said party is formally bound to the provisions of this Agreement. 4.6 Notices. Any notices,requests,or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing,postage prepaid, by certified mail,return receipt requested,to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three(3) days after the deposit for mailing. Notices shall be sent to; If to Licensee: If to City: City Clerk Futura Bus Net, Inc. City of Santa Ana 4425 E. Olympic Blvd. 20 Civic Center Plaza(M-30) Los Angeles, CA 90023 P.O. Box 1988Santa Ana, CA 92702-1988 If to Sublicensee: Ohana Shuttles,LLC 4425 E. Olympic Blvd. Los Angeles, CA 90023 4.7 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. [signatures on following page] Page 2 of 3 SIGNATURE PAGE TO CONSENT TO SUB-LICENSE AGREEMENT IN WITNESS WHEREOF, City and I,icensce have entered into this Agreement as of the clay and year first written above. CITY OF SANTA ANA ATTEST _ -1 Minh Thai enni er . Mall Assistant City Manager City Cler II'' APPROVED AS TO FORM LICENSEE �0.G t �i C Lo as� Sh u�t IeS L LC Sonia R.Carvalho City Attorney Jonathan T. Martinez By: E��'C Lo Assistant City Attorney Title: Q PQ-r �(3 � /� /" �� ef RECOMMENDED FOR APPROVAL SUBLICENSEE O r-A0, S H u I-a-�e S L L (�Nabil Saba 13 e 5S1cu LpP2Z Executive Director Tit Pena t'o�s Mom,aIIC Public Works Agency J Page 3 of 3 EXHIBIT A LICENSE AGREEMENT INSURANCE ON FILE A-2023-180 WORK MAY PROCEED UNTIL INSURANCE EW icy CTKI:� CITY CLEF!,% �- DAT�: iV0 1 7 ZOZ3 (�.. Pvj 14 c' LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA \AAAe 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 uiterstate 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. AGREEMENTS 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. TERMS 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 Term. This Agreement shall expire in six (b) 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`9Invitees" 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 Ct Approval 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 qualifcations 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. 2 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 For, 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 of ten eroent QOEQ shall be applied to any payment hereunder duo but unpaid after the 10t"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 A cement to Protect and Maintain )facilities. Llcensee, 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' noncompliance with any of the terms or 3 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;(e)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:RoVt-datoryApprovals.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, 1.1.2 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 4 i 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. MINIMCIM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as; 1. Commercial General Liability(CGL);Insurance Services Office(ISO)Form CO 00 01 covering CGL on an"occurrence'basis, including products and completed operations,properly 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(180 CO 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 180 Form CG 20 1011 85 or if notavailable,through the addition of both CG 20 10, CG 20 26,CG 20 33,or CG 20 3 8;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 CO 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 o,('Subrogation 5 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,uniess 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 waivethe Licensee's obligationto 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'PERMS 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 maybe 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: TO CfTY; Futura Bus Net,Inc. Public Works Agency 4425 E.Olympic Blvd, City of Santa Ana Los Angeles,CA 90023 20 Civic Center Plaza(M-22) Santa Ana, California 92701 Attention:Executive Director ofPubiie Works 6 i 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.A 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 Governing 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 commencos 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 desarlbe the scope,content, or intent of this Agreement. 7 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; (ti) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice;(ili)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 Severabillty. 1n 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 unenforecability 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 Licensoc 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] 8 i i I i i ' IN WITNESS WHEREOF,tho parties Loreto have mused this Agreement to be executed by and through thou-authorized officcrs the day,month and year first written above. I ! ATTFST: CITY OF SAN`I'A ANA 4y G nuifer L. I Steven A. Mendoza ter Acting City Manager . �rl APPROVED AS TO FORM: Sonia R.Carvalho City Attorney y� By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: PACIFIC COAST SHUTTLES, LLC. ODA FUTURA BUS NET,INC. Aa r Sq <r abil Saba,P.E. By: E r i c. v Executive Director Title: � �t � �er Public Works Agency 9 I i i lg)WlBff"A" F F i I F EXHIBIT Santa Ana Regional Transportation t w lSa�t •. � ';. SantA Ma Regional �'�, • - �`''�Tr»risportat!ari�"`�;, �� • • �+5anta Aria Reglcre! � �� , r �R � � Transportano� rI ,.Pn7et +- y Sante Ana ' s �i �; � Lte�tro!Inx�Stet!on 1- ® BOC g lJ1 7� - d � r •� `� Hardwoods 1 � �••-� • ,..�:: r•^ Mr V• �N7< NqN'i i i I El XHLBIT"B" i I i I i SEALED PROPOSAL FOR FP 20-032 BUS PASSENGER SERVICES ANTA ANA REGIONAL TRANSPORTATION CENTER DO NOT OPEN WITH REGULAR MAIL City of Santa Ana Attn: Cabriela P. Lomeli Public Works Agency, M-22 20 Civic Center Plaza; Foss Annex Santa Ana, CA 92701 d. Monthly Bus Bay Rental Fee $2,500..00 For our Option B: 1 Bus Say we propose paying the rent of$ e-for the Sus 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, 5:30am, 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. Ill. GENERAL Company Name: Pacific Coast Shuttles LLC dba Futura Net- provides bus and shuttle services. 9 I i Sister Company: Future Bus Net, Inc.M pmvidos ticket sales Purpose of bus service: Our service ourrsntiy connects travelers between the San DiagoMjuana 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 burdon on our Grange County customers from having to drive to our Loa Angeles hub in order to got to their desired destination. Opening a terminal in SARTC would permit more customers to utilise 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 Carllfonrils. Our Shuttle Service departs hoody to provide i door-to-door service to our Southern California customers. Customers can be picked up at the SARTC and take a trip to San Dlego and either arrive at the San Diego terminal as a final destination or be transported directly to their hotel or residence within certain parametera. Customers can ardve at SARTC and we would transport them directly to their hotel or residence in Orange County. I We currently operate the most crossed border in the world,whers,25,000 pedestrians cross near our Transit Center in San YsidroMjuana. Many of these pedestrians utilize our Shuttle Service to travel to Los Angeles and Orange Counties. i We provide a service to bring as many of those travelers whose final destination is In Grange County,to the city of Santa Ana. Our Shuttle Service will be a boast 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 wo pay In our other locations in the Los Angeles Bus Terminal and the International Transit Center at tree Son Ysidro 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: Pee 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 Ysidro Port of Entry, our Bus bay lease is$9,W0.00 per bay and our tickel booth Is$2,t 85.00 per month for a total of$3,815.00 per month. Anticliprated destinations: Our anticipated destinations from the SARTC are the following: San Diego,San Ysidro, Otay, Cross Border Xpress, Tijuana Airport,Tijuana Bus Station, Los Angeles, Huntington Park, Fontana, Pacoima, Bakersfield, Fresno, 10 i Marced, Modesto, Stockton,Sacramento, Redding,Arizona (Phoenix,Tucson),Texas (EI Paso), Nevada(Les Vegas), Utah (Saint George, Cedar City,Salt take 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,Teplc). Other transit stops: Future Net serves numerous transit locations throughout Southern California, Including stops In Pacoima, Downtown Las Angeles, least Los Angeles,San Yeldro, Fontana, as well as transit stops throughout Mexico, Including Fresnillo, Jerez, Huejucar,Tlaltenango. We also serve transportatlon locations through our 0ornpetitive partnerships at numerous other piok up and drop off points. Proposad transportation sobodule: Southbound departures every hour at the bottom of the hoar. Northbound/Eastbound departures orrery hour at the top of the hour. i Operating from 6,00am until 1O:Obpm. Total estimated trips per day: 30 On there;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 passengors per month depending capon seasonal dornand. Our daily demands range from about 225 to 480 passengers daily. Company local address:4425 E. Olympic Blvd,Los Angeles, CA 90023 Phone: (323)286-2233 Ownership Detaller. Privately held California limited liability company whose Managing Member Is Tavin Lopez, Operations Manager Is Eric Lopez, Legal services and bueineas ror1suiting by Orloff&Associates APC. Management operations supported by Rafeel Lopez. Ticket sales through Future Sus Net Inc. Account Ropresentative: Eric Lapel Phone: (562)806.3565 Certifications: Bachelor of Science from CalWarnia State University, Long Beach, Secretary of the Border Transportation Council. 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 per month for the lease of the bus bay Option B -one bus bay only. Proposed additional $2,CCC 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: ( I-C DBA F J-uuraa 0(_4 Item# Bid Item (by Site) Monthly Fee Proposed Annual Fee Proposed Option A 2 Bus Bays $ $ Option B 1 Bus Bay $ �.,r,n nn $ 1rh�i hl� I ,I�GIS� 4ies LL./a COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D.NO. SINESS ADDRESS STREET CITY/STATE ZIP CODE X � ter/ -�/�4 r�ir� 16 z2a62&P11JG SIGNATURE OF AufFrbR D AGENT NAME(PRINT) TITLE 2At-II gj e-C8S7".SNL r`TLeS j26Y4A1( . Cv!�A 323 L I-io�> EMAIL ADDRESS PHONE NUMBER CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana—RFP 20-032 Bus Passenger Services at SARTC A3-6 (page 1) I k f �,r�u7� �ry �^Y I 7X.41L�,fJY "C" [Lease Agm®ement rntentlonoliy Omitted ; I i 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 POLICY EXPIRATION COI DATE FILE NUMBER DATE NAME PCS LLC COI FOR INSURED AUTOMOBILE LIABILITY 5C22111035 11/18/2023 09/13/2023 UNITS SANTA ANA COI- KL.pdf Pacific Coast GENERAL LIABILITY CPS7829096 07/12/2024 10/30/2023 Shuttles LLC COI SARTC.pdf PCS LLC WORKERS WORKERS COMPENSATION AND COMP -COI EMPLOYERS'LIABILITY A9WC460356 05/26/2024 09/13/2023 -CITY OF SANTA ANA- AC.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 11/9/2023 3:55 PM EXHIBIT B SUBLICENSEE PROPOSAL SEALED PROPOSAL FOR SUS PASSENGER SERVICES SANTA ANA REGIONAL TRANSPORTATION CENTER DO NOT OPEN WITH REGULAR MAIL City of Santa Ana Attn: Michael Ortiz & Nadia Orozco Public Works Agency, M-22 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Eric Lopez Operations Manager 0hana Shuttles LLC Phone. (562) 805-3565 Email: eri z i .co Dear Michael, Ghana Shuttles LLC is pleased to submit this proposal to the city of Santa Ana for a sub lease of bus bay #8 in the Santa Ana Regional Transportation Center ("SARTC"), bus bay #8 is currently leased to Pacific Coast Shuttles LLC which are the same owners as Ohana Shuttles LLC. Ohana Shuttles LLC has been in the transportation business since 2022 and its sister company Pacific Coast Shuttles LLC DSA Futura Net has been in the transportation industry since 2015. It is our intention to provide affordable access to transportation of the Santa Ana community and its surrounding cities. We are looking forward to the opportunity to provide a service to the traveling public as we have been doing for more than 15 years. Sincerely, x � Eric Lopez 2126124 2 f TABLE OF CONTENTS I. REQUEST FOR PROPOSAL 4 II. GENERAL 4 III. FEE PROPOSAL ! LEASE LENGTH 5 7rP Y' �L F pY i S 1. REQUEST FOR PROPOSAL a. Finn/Team Experience and Staffing Levels: Ghana Shuttles LLC is an intercity bus line providing service throughout California. Destinations which we service include San Diego and the border at San Ysidro, several locations in Los Angeles, San Fernando, Bakersfield, Fresno, Sacramento and cities in between, Ghana Shuttles LLC began in 2022 its sister company Pacific Coast Shuttles LLC began in 2015 however Pacific Coast Shuttles LLC is only 15 passengers at$1.5 million insurance and Ohana Shuttles is 40+ passengers at $5 million insurance. In 2022 Ohana Shuttles LLC was opened due to the demand of more passengers servicing the customers to not leave passengers behind in any departure. b. Selected Option: Ohana Shuttles LLC submits a proposal to sublease Bus Bay#8 from its sister company Pacific Coast Shuttles LLC. We believe that one Bus Bay for both companies is enough for our scope of work and would permit us to serve Orange County. Our scheduling would not conflict both companies using the same bus bay#8 for the fact that we would schedule them hours apart to never have an Ohana Shuttles LLC bus and Pacific Coast Shuttles LLC van at the same time at bus bay#8. c, Monthly Bus Bay Rental Fee For our Option: Subleasing Bus Bay#8 We propose Ohana Shuttles LLC paying the rent of$1,500.00 for sub leasing the Bus Bay#8. II. GENERAL Company Name: Ohana Shuttles LLC - provides passenger transportation bus services. Sister Company: Pacific Coast Shuttles LLC - Currently leasing a ticket booth and bus bay#8 at the SARTC. Anticipated destinations: Our anticipated destinations from the SARTC are the following. San Diego, San Ysidro, Otay, Cross Border Kpress, Tijuana Airport, Tijuana Bus Station, Los Angeles, Huntington Park, Fontana, Pacoima, Bakersfield, Fresno, 4 Merced, Modesto, Stockton, Sacramento, Bedding, Arizona (Phoenix, Tucson), Texas (El Faso), Nevada (Las Vegas), 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, Topic). Company local address: 1000 E. Santa Ana Blvd. Santa Ana, CA 92701 Phone; (714)547-7555 Account Representative: Eric Lopez Phone: (562)805-3565 Certifications: Bachelor of Science from California State University, Long Beach, Vice President of the Border Transportation Council. Any recent defaults: No Any recent bankruptcies: No Proof of Insurance: Yes (attached) IV. FEE PROPOSAL 1 LEASE LENGTH $1,500 per month for the sub lease of the bus bay#8 currently being used by Pacific Coast Shuttles LLC. We propose to sublease bus bay#S at 5 years with option of renewal. rJ " NOTICE OF ,ACCEPTANCE SUBJECT TO VERIFICATION BY INSURANCE COMPANY(lES) 108fl-2211513 STONEMARK, INC. 6601 wade Blvd, Sulte 020 10/26/2023 Frisco,Tx 70034 Refer to this nonber on all Phonoc (600)965.0083 correspondence ww►v.slonarnarkirrc,cont check your account online.-Your usomarno Is 1`080-2211013. Yourpassword is g2236A#u111e38e you have than odif. Borrower (12647026) Agent or woker OHANA SHUTTLES LLC DAVALOS INSURANCE AGENCY LLC 5645 SHULL ST 745 S ATLANTIC BLVD BELL GARDENS, CA 90201 LOS ANGELES, CA 90022 CONTRACT INFORMATION A B C D E F Total Premium Down Payment Amount Financed Finance Charge Total of Payments Annual Percentage Rate (A minus B) (C plus 0) 36,312.64 8,058.24 27,264.40 2,350.80 29,605.20 18.399 The Amount of Credit to The Amount the Credit The Total Amount to be Cost of the Credit as a be Paid will cast Peid Yearly Rate PAYMENT SCHEDULE(Monthly) 10 2,960.52 11/26/2023 26th SCHEDULE OF POLICIES TBI 10/26/2023 NATIONAL LIABILITY& FIRE INS. 21,658.00 0.00 TBI 10/26/2023 NATIONAL FIRE&MARINE INS. 12,410.00 394.64 Broker Fees: 850.00 Total Must Agree with Box"A"Above»> 35,312.64 TO THE INSURED We are pleased to notify you that we have accepted your Premium Finance Agreement and it is now a binding contract subject to approval of the financing by the insurance company(Ies). INPUTI.rfonv01(01106) 3 . NO- . �{ ..,, NOTICE OF ACCEPTANCE SUBJECT TO VERIFICATION BY INSURANCE COMPANY(IES) 1080 -2211613 STONEMARK, INC. 8501 Wade Blvd, Suite 620 10/26/2023 Frisco,TX 75034 Rnfor to this number on all Phone: (800) 955.0083 correspondence www.sionamarkinc.com View your client's account status onlino Agent or Broker (12647029) awrower DAVAL©S INSURANCE AGENCY LLC OHANA SHUTTLES LLC 745 S ATLANTIC BLVD 5645 SHULL ST LOS ANGELES, CA 90022 BELL GARDENS, CA 90201 CONTRACT"INFORMATION A B C D E F Total Premium Down Payment Amount Financed rFlniiance Charge Total of Payments Annual Percentage Rate (A minus B) (C plus D) ' 35,312.64 8,058.24 27,254.40 ,360.80 29,605.20 18.399 The Amount of Credit to The Amount the Credit The Total Amount to be Cost of the Credit as a r . be Paid will Cost Paid Yearly Rate PAYMENT SCHEDULE(Monthly) 10 2,960.52 1112612023 26th , SCHEDULE OF POLICIES TBI 10/26/2023 NATIONAL LIABILITY&FIRE INS. 21,658.00 0.00 ' TBI 10126/2023 NATIONAL FIRE&MARINE INS. 12,410.00 394.64 Broker Fees: 850.00 Total Must Agree with Box"A"Above>>> 35,312.64 R TO THE INSURED We are pleased to notify you that we have accepted your Premium Finance Agreement and It is now a binding contract subject to approval of the financing by the Insurance company(ies). Scheduled Funding Release Date: 1112/2023 I INPUT t•NOAV01(01106) ►e CERTIFICATE OF LIABILITY INSURANCE rh=6026YYj D1/2t3t2EY11 THIS CERTIFICATE is IWED AS.A MATTER Oft INFORMA'11ON ONLY AND CONFERS NO MON S UPON THE CltAWICATH HOLOSIL THIS CE"tGATE LIM NOT ArFIRtMATWELY OR N1:�C3ATIVOLY AMEND, tiICTEND Oil ALTER THE COV'ERllGG AFFOAD90 RY INS POLICIFS BELOW THIS CERTIFICATE OF INSURANCR DOB$ NOT CONSTITUTE A CONTRACT BRTWEEN INN 18$I1ll G INSUAER(S), AUTMOFt I3 REPRE&ENTATINT OR PRODUCER,AND THE C eFkT1FICATE IIOLOgR. iMPQRt AN1: H#4 Crrtifieste holder Is on ADDIIIC)NA4 INSUREO,the ppl"Josl must h0V0 ADOtl'IONAL iNSi►ftl?p provirlonr or be ondorsod. It SUBROGATION 18 WAP&O,subject to flto torMt,and conditions of tiro policy,cerfsin policies may rsryults an andorr emont4 A slatownt on this esrtitleato does net terror rights to the cartlijcsto hoide.t`In lieu of such endorsomen s. P#ODV I7010y Urma AvBnue Truumnco Sorvl5 C-I 826 542 331?' Aaa. a nuainsursnceservioas@gma11.C4m >r1 Manio>CA 91I•Si ovev+sUReR s AFFORMNd aleua +! _Str�to N0110flal IrlsuianC0 COMPOny,Inc 12831 ultex a• State National lnaurance Company,Inn 12831 Ohara Shuttles LLC tNt�IZR u�.:�..rv,..�. �ma... 1000 E.$onts Ana BhW:Sto Los Angalos,CA 90D22 LEE IN9�iq , COVERAGES -_--. CERTIFICATE Nt1NIE3 ER: REVISION NUMBER: THUS tS TO CERTIFY THAT THE I5Mlcly$OF INSURANCE Lweo BELOW HAVE SEP-N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO`tWITHSTANDINO ANY REQUIREMENT,TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH Tests CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU13JEECT TO ALL THE TERMS, EXCLUSIONS AND OONDITIONS OF SUCH POUmES.LIMITS SHOWN MAY HAVe arM REDUCED.BY PAID CLAIMS. lNSR 7YPB QFRrSURANCE -~ AM T FF POLIL �� Lt1,STE PO NUMBER X C OMM Uu.4FAr;RALLUIBII:ITY FacHoccuRReNCE g 2,000,000 GLAtE+t3�4Ap� QGGtfR EM E5 S 100,000 •. MEO (A Omp" s 5,000 _ A Y Y NX LR4T9XR40-GL 111041=4 i1.10112025 pERwg&asovuuuRY S i,at#O,iHIQ�� oEnACC;RE"TELUTAPIPUESPFk GENMALAOOREWE s ZOD0.0oo MLICY 0 JECTT L PRODUCTS-COMPJDPAGr. s 1,06�,000 o $ AUTOMOWLttLlASIL" NGLE LUTE AWAUrG aOMY INJURY(Par panwo)OwNw S AUTOS MY AtrT� O WMLY IWAY(Per acMwit) S HIRED NON-OWNED PROPER OA ME AUTOS ONLY AUTOS ONLY Parat � S U10"ILA"O X OcaIR FAG HOCCURRr=NCE s 51000,000 13 IOCCMsma CLAR 08 Y Y NXTLR4i'9XR-00-GL 11/0M024 1110/12026 Apppf.pAT4 3 5.000,000 DED I e. WORIc6Rs COMPENSAT10N AHUEMPLOYMIUASILM YIN $TAYUlE _..a...0...... _�,....,....�,...,,.._._... . AIMROPRIETORIPARTNEWEXECUTNE �^ NIA @.L EACH A.CCloeff $ OFFICERIEREXCLUDED? L_J �. _ .. Bw ,tescrltreM[ E L DIBFASE»$11 EAAPLOYE ; yyeess a�.— r?E9G�JPTiO'V&EPAMONS x F-L D1SEASC-POUCY LI iT 3 i;tmMWW OF gpER VCNSI LOCATtM i VSItICR.REB(ACURD i0t,Additnnl Remarks Schsduts,may he auaehed R more space Is nquked) City of Santa Ana A77Ns PWA FaWllt1wBARTO 1000 E Sarlltt Arta Blvd, Tu Trafi byTu "� Santa Arun.CA 92*101 N�Uy� APPROVED . n ;q 9 n oroo By Tu Tran Nguyen at 10:38-am Apr_09,2025. CERTI [CATO HOLDER CANCELLATION SHOULD ANY OF THE ABOVE ORSORIBSO POLICIES Be CANCELLED 88POAE THE EXPItZA-RON DATE THEREOF, NOTICE WILL 13E Dl;UVI F'tED tN 01ty Bf Santa Ana ACCORDANCE V 17H THE POLICY PROV1$IOUS, ATYN:PWA Fodtltio"AtI C 100U�.sort R Ana 131Yd. AEITHDREZEn 9E#t A Santa Arta,CA 92701 CtSRD CORPORATION, All right reserved; ACORO 25(2016103) The ACiORQ name and Toga ate n1pleturod marks o1 ACORD AiC RD " CERTIFICATE OF LIABILITY INSURANCE DAre(MMrDDmyv) •r/ 03/2D12025 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 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 endorsement(s). PRODUCER CONTACT Leticia Davalos NAME: Davalos Insurance Agency,LLC PHONE 323-7$0-0$61 A!c No; 323-7$0 9435 745 South Atlantic Blvd, AIL ADDRess: davalosinsurance@aol.com INSURERS AFFORDING COVERAGE NAIC# Las Angeles CA 90022 INSURER A: Prime Insurance Company 12588 INSURED INSURERB; The Pielnsurance 21857 Ohana Shuttles LLC INSURER C: 5645 Shull St, INSURER D: Bell Gardens,CA90201 INSURERE: 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. 1NSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER fMMIDDNYYYI tMM1DD1YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ DAMAGE TO RENT CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one parson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES FIER: GENERAL AGGREGATE $ JECT POLICY PRO ❑ LOG PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 5,000,000 Ea aooldenl ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED SC24110389 11/04/2024 11/04/2026 BODILY INJURY Per accident) $ AUTOS ONLY AUTOS HIRED NDN•OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBI $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR(PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICERIMEMBEREXCLUDED? II NIA WC-PI-1916438-300 12/10/2024 1211012025 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Ilyes,describe under 1 D00,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES tACORD 101,Add hLlonal Remarks Schedule,maybe attached if more space Is requlred) COVERAGE IS ONLY PROVIDED TO THE ADDITIONAL INSURED WITH RESPECT TO ACCIDENTS OTHERWISE COVERED UNDER THE POLICYICOVERAGE WHERE THE INSURED IS FOUND DIRECTLY LIABLE AND NOT WHERE THE ADDITIONAL INSURED IS FOUND INDEPENDENTLY NEGLIGENT OF THE INSURED. APPROVED 0y Tu Tran.Nguyen$f 10,319 am Apr'09..2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS, ATTN:PWA FACILITIES-SARTC 1000 E SANTA ANA BLVD, AUTHORIZED REPRESENTATIVE LETICIA DAVAL05 SANAT ANA, CA 92701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NXTLR4T9XR-00-GL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless another date is Indicated below. Named Insured:Ohana Shuttles LLC SCHEDULE Name(s)Of Person(s)Or Organization(s): City of Santa Ana, It's city council officers, officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s)or organization(s)shown in the Schedule, but only to the extent that subrogation is waived prior to the"accident'or the"loss"under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc.,2011 Page 1 of 7 POLICY NUMBER: NXTLR4T9XR-00-GL COMMERCIAL GENERAL LIABILITY CG 20 12 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-STATE OR GOVERNMENTAL AGENCY OF SUBDIVISIONS OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City of Santa Ana, It's city council officers, officials, employees, agents and volunteers 20 Civic Center Plaza(M29) Santa Ana, CA 92701 Section II—Who Is An Insured is amended to include as an insured any state or political subdivision shown in the Schedule, subject to the following provisions: 1.This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage"or"personal and advertising injury"arising out of operations performed for the state or municipality; or b. "Bodily injury"or"property damage" included within the "products-completed operations hazard." CERTIFICATE OF INSURANCE 1 °04/07/2025 PRODUCER AND THE NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Evolution Insurance Brokers,LLC. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED 8722 S.Harrison St. BY THE INSURANCE POLICIES BELOW. Sandy,UT 84070 INSURERS AFFORDING COVERAGE 801)304-5500 INSURED INSURER A: Prime Insurance Company Ohana Shuttles LLC DBA: INSURER B: 2640 E Beyer Blvd San Ysidro, CA 92173 INSURER C: -Company#12588 COVERAGES "LIMITS SHOWN ARE THOSE IN EFFECT AS OF POLICY INCEPTION" 765539 The policies of insurance listed below have been issued to the Insured named above for the policy indicated. Notwithstanding any requirement,term or condition of any contractor 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.Aggregate limits shown may have been reduced by paid claims. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMIDDIYY) LIMITS Commercial Liability Claims Made El Exclude Products Exclude Completed Operations 0 Commercial Auto Liability SC24110389 11/04/2024 11/04/2025 ❑ Any Auto $5,000,000 CSLIPer Accident All Owned Autos Q Scheduled Autos Hired Autos $15,000 U.M.Per Person Non-Owned Autos $30,000 U.M.Per Accident Drive Away $3,500 U.M.Property Damage Specifically Described Autos Commercial Garane Liability G.K.L.L. O.T.R.P.D. D.O.C. ❑ Cargo On Hook Contractual Liability Indemnification Wrongful Repossession Exclude Completed Operations Exclude Products El Claims Made Excess Liability Claims Made LIMITATION OF COVERAGE FOR ADDITIONAL INSURED Liability Coverage is only provided to the Additional Insured with respect to Accidents otherwise covered under the Policy/Coverage Contract where the Insured is found directly liable and not where the Additional Insured is found independently negligent of the Insured. DESCRIPTION OF OPERATION LOCATIONSIVEHICLESIEXCLUSIDNS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is limited to only insured activities or operations identified in the Policy. APPROVED By Tu Tran Nguyen at 10:38 am,Apr 09,2025 0 CERTIFICATE HOLDER Q ADDITIONAL INSURED LOSS PAYEE Q WAIVER OF SUBROGATION PRIMARY AND NON- CONTRIBUTORY City of Santa Ana,its City Council,officers,officials,employees,agents,and SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE volunteers EXPIRATION DATE THEREOF,NO WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND PWA Facilities—SARTC UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. 1000 E Santa Ana Blvd Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ,�jf UDA-F-030 14FE82020 '~�"`�^ ADDITIONAL INSURED ENDORSEMENT PAP-99-12 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The following requirements govern coverage under the Policy and must be adhered to for coverage to be provided to the Insured under the Policy. No activities conducted by the Insured are covered under the Policy unless they are conducted in full compliance with all of the requirements specified below and in the Policy. The Insured must advise its employees, agents, contractors, and/or subcontractors of these requirements and ensure that they also abide by them for coverage to be provided. The Insured agrees and understands that any noncompliance with the following specified requirements and/or the terms and conditions set forth in the Policy will result in the denial of coverage under the Policy meaning the Insurer will not be obligated to indemnify or defend you. Policy Number: SC24110389 Insured: Ohana Shuttles LLC Effective ©ate of the Endorsement: 04/04/2025 Additional Insured: City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers PWA Facilitiesr—SARTC 1000 E Santa Ana Blvd Santa Ana, CA 92701 The "Who its an Insured"provision of the Policy shall be amended to include the person or organization scheduled in this Endorsement as an Additional Insured for the limited purpose of liability arising from Your Work, as that term applies to the Named Insured only, and subject to all other terms and conditions of the Policy and this Endorsement. The coverage provided by this Endorsement only extends to cover the Additional Insured for allegations of liability based upon alleged, actionable conduct of the Insured and only to the extent the Insured would have been liable and coverage would have been afforded to the Insured under the terms and conditions of this Policy had such Claim been made against the Insured. No coverage shall be provided for any liability arising out of the Additional Insured's own alleged conduct. The Policy has been entered into in the State of Utah and any rights, remedies, or obligations provided for in the Policy shall be construed and enforced in accordance with the laws of the State of Utah. Furthermore, the Additional Insured understands and acknowledges that the Insurer conducts its business activities, including underwriting, risk management, and claims handling services,within the State of Utah and acknowledges that by entering into this policy of insurance,the Additional Insured is deemed to be transacting business within the State of Utah. Accordingly, the Additional Insured hereby understands and consents to the jurisdiction of the courts of the State of Utah and agrees that those courts shall be the exclusive forum to hear and decide disputes consisting of or relating to the Policy, including any insurance coverage issues and any payments due under the Policy. The Additional Insured is subject to all of the terms, provisions, conditions, exclusions, definitions, limitations, representations, and Endorsements of the Policy issued to the Insured and all related documents providing coverage to the Insured. The failure of the Insured to adhere to any such provisions will also defeat coverage under the Policy for all Additional Insureds. The Insurance afforded by the Policy to the Additional Insured(s)scheduled in this Endorsement as an Additional Insured,at the location scheduled in this Endorsement, for the limited purpose of liability arising from Your Work, as that term applies to the Insured only, and subject to all other terms and conditions of the Policy and this Endorsement is primary insurance. Any other insurance or self-insurance maintained by the Additional Insured(s) is excess of this insurance and shall not contribute to it. Endorsement No.: 9 PAP-99.12 06NOV2019 Page 1 of i Printed On;Monday,April 7,2025 WAIVER OF SUBROGATION ENDORSEMENT PAP-99-21 This Endorsement changes the terms and conditions of the Policy issued. Please read it carefullyl The Insurer hereby expressly waives its right to subrogate against the following person, entity, company, or organization: City,of Santa Ana. its City Council, officers, officials, employees, agents, and volunteers PWA Facilities—SARTC 1000 E Santa Ana Blvd Santa Ana CA 92701 The Insurer reserves its subrogation rights as to all other persons, entities, companies, and organizations not expressly listed in this Endorsement. Effective Date: 4-4-2025 PAP-99-21 20JUL2021 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an 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 extent that you perform work under a written contract that requires you to obtain this agreement 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 0.02 %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person Or Organization Job Description Any person or organization as required by written contract within states covered under this policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/09/2024 Policy No. WC PI 1916438-000 Endorsement No. Insured OHANA SHUTTLES LLC Insurance Company The Pie Insurance Company Countersigned By C WC 04 03 06 (Ed. 04-84)