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HomeMy WebLinkAboutItem 08 - Approve an Agreement for Charter Transportation ServicesParks, Recreation, and Community Services Agency www.santa-ana.org/parks-recreation Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 18, 2024 TOPIC: Coach Max Corp and Elite Executive Charter, LLC to provide charter bus transportation services TITLE Approve an Agreement with Coach Max Corp and Elite Executive Charter, LLC to Provide Charter Bus Transportation Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute aggregate agreements with Coach Max Corp and Elite Executive Charter, LLC to provide charter bus transportation for City programs and events for a term from July 1, 2024 through June 30, 2027, with two (2), one (1) year renewal options for a total amount, including extensions, not -to -exceed $500,000 (General Fund) (Agreement Nos. A-2024-XXX and A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City of Santa Ana provides, through a contracted vendor, transportation services to groups of people for round-trip excursions from various points within City limits to other destinations, on an as -needed basis, throughout the year. These services will be for, but are not limited to: senior programs, youth field trips, community excursions, and other special events for the community. The Request for Proposal (RFP) No. 24-027 was issued on March 19, 2024 on the City's online bid and management publication system. A summary of the invitation for bids and buds received follows: 81 Vendors Notified 6 Santa Ana vendors Notified 34 Vendors downloaded the bid packet 4 Bids received 0 Bids received from Santa Ana Vendors Approve an Agreement with Coach Max Corp and Elite Executive Charter, LLC to Provide Charter Bus Transportation Services June 18, 2024 Page 2 The proposals were evaluated according to the criteria listed in the RFP, which includes vendor responsiveness, experience, cost of proposal, and references to ensure that the proposals met the standards of the department. The following are the results of the evaluation. Rating Proposer 300 Max Coach Max 248 Elite Executive Charter 242 Out of the four submitted proposals, two were considered non -responsive due to missing required elements in their proposal submittal. City staff decided to award aggregate agreements to both remaining vendors as this will provide more flexibility and ensure transportation availability. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available for the following years, subject to City Council approval. Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 24-25 01113230-62300 General Fund PRCSA- Recreation and $100,000 Community Services - Contractual Services Professional FY 25-26 01113230-62300 General Fund PRCSA- Recreation and $100,000 Community Services - Contractual Services Professional FY 26-27 01113230-62300 General Fund PRCSA- Recreation and $100,000 Community Services - Contractual Services Professional FY 27-28 01113230-62300 General Fund PRCSA- Recreation and $100,000 Community Services - Contractual Services Professional FY 28-29 01113230-62300 General Fund PRCSA- Recreation and $100,000 Community Services - Contractual Services Professional Total $500,000 Approve an Agreement with Coach Max Corp and Elite Executive Charter, LLC to Provide Charter Bus Transportation Services June 18, 2024 Page 3 EXHIBIT(S) 1. Agreement -Coach Max Corp 2. Agreement -Elite Executive Charter, LLC Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation, and Community Services Approved By: Alvaro Nunez, Acting City Manager CITY OF SANTA ANA AGREEMENT WITH COACH MAX CORP. FOR ON -CALL CHARTER BUS SERVICES THIS AGREEMENT is made and entered into on this 18th day of June, 2024 by and between Coach Max Corp., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 19, 2024, the City issued Request for Proposal No. ("RFP") 24-027, by which is sought qualified contractors to provide on -call charter bus services for the City's Parks Recreation and Community Services Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-027. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in REP 24-027, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of two (2) contractors selected to provide charter bus services on an on -call basis under RFP 24-027. The total compensation for these services provided by all such contractors selected under RFP 24-027 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars and 00/100 ($500,000) for the entire term of this Agreement, including any extension periods exercised by the parties. The annual aggregate amount, available to all selected Contractors, shall not exceed $100,000. Page 1 of 10 #19793v7 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. In the event that Contractor arrives more than fifteen (15) minutes late for the scheduled pick-up time at the scheduled location, the Contractor shall pay to the City liquidated damages in the amount of $100 for each fifteen (15) minutes of unexcused delay, at the sole discretion of the Director of Parks, Recreation, and Community Services, up to a maximum of Five Hundred Dollars and 00/100 ($500). These liquidated damages, if any, shall be offset against the charge for Contractor's services invoiced for the day Contractor was late. The parties acknowledge this liquidated damage amount represents a reasonable estimate of the City's damages in the event of a delay, considering the difficulty of proving such damages and the potential disruption to the City's event(s). 3. TERM This Agreement shall commence on July 1, 2024 for a three (3) year term with the option for the City to grant up to two (2) one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or Page 2 of 10 #19793v7 caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE The selected Contractor shall provide the required evidence of insurance coverage as set forth in this Agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor shall maintain, for the duration of the Agreement, insurance coverages required by City, as stated below. Coverage shall be at least as broad as: a. Minimum Scope and Limit of Insurance (1) Commercial General 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 and $4,000,000 aggregate. (2) Automobile Liability (AL). ISO Form Number CA 00 01 covering owned, hired and non -owned autos with a limit of no less than $5,000,000 per occurrence for bodily injury, $3,000,000 for property damage and $10,000,000 aggregate. (3) Workers' Compensation. As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Sexual Abuse or Molestation Liability (SAML). If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. (5) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 3 of 10 #19793v7 b. Self -Insured Retentions. Self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall cause its insurer(s) to reduce or eliminate such self -insured retentions as respects City, its City Council, officers, officials, employees, agents and volunteers; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. c. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL, AL, and SAML policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. (2) Waiver of Subrogation. Contractor's insurance company(ies) agree(s) to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which may arise from work performed by Contractor under this Agreement. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (3) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (4) Severability of Interest (Cross -Liability). A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. Page 4 of 10 #19793v7 (6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. e. Claims -Made Policies. If any of the above required insurance policies are on a claims -made basis: (1) The retroactive date must be show, and must be before the date of the Agreement of the beginning of contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement. (3) If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the Agreement effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. f. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage 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 Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. g. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, including requirements stated above in other insurance provisions on insurance required from subcontractors. h. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal Page 5 of 10 #19793v7 injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this 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 Page 6 of 10 #19793v7 nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all 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 the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Page 7 of 10 #19793v7 Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by Page 8 of 10 #19793v7 first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: Coach Max Corp. Attn: Dennis Wong 500 N Ford Blvd. Los Angeles, CA 90022 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 9 of 10 #19793v7 SIGNATURE PAGE FOR AGREEMENT WITH COACH MAX CORP. FOR ON -CALL CHARTER BUS SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bra Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONTRACTOR: pe;y?l, Now Dennis Wong (Jun 10, 202 0:07 PDT) Dennis Wong CEO Page 10 of 10 #19793v7 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Proposer(s) shall perform the services as set forth below. OVERVIEW The City of Santa Ana seeks a qualified licensed charter motorcoach/bus services company to provide transportation of groups of people for pre -arranged round-trip excursions from various points within City limits to other destinations in the southern California area on an as -needed basis throughout the year. These events include, but are not limited to: senior programs, youth field trips, community excursions, and other special events. Transportation services will be requested on an as -needed basis by designated City staff. All proposals shall include turnkey pricing for all services requested, and the City reserves the right to reasonably increase or decrease the amounts and change specifications upon award. PART I - SCOPE OF SERVICES I. TRANSPORT SERVICES TO BE PROVIDED 1. Scheduled Departure Time: a. is the time that City has provided to Carrier when the vehicle is to leave the Pick - Up Point for the Destination Point. b. Actual Departure Time: is the actual time the vehicle leaves from the Pick -Up Point or the Destination Point. c. Late Arrival: is arrival at the Pick -Up Point that is later than the required arrival time of at least 20 minutes before the Scheduled Departure Time. Liquidated damages apply. d. Late Show: is arrival at the Pick -Up Point that is later than the Scheduled Departure Time. Liquidated damages apply; Contract termination may apply. 2. Cancelation: a. If City cancels requested service due to Carrier's Late Arrival at the Pick -Up Point or Late Show, which causes City to cancel the event due to time restrictions at the destination point, then Carrier shall not charge City any fees whatsoever and liquidated damages apply. b. If City cancels requested service any time before vehicle is dispatched, then Carrier shall not charge City any fees whatsoever. c. If City cancels requested service after vehicle is dispatched, then City will pay the Trip Charge and no other charges. Trip Charges are to be prorated downward in cases where the vehicle dispatch point was closer to Santa Ana, CA and where the vehicle is re-routed to another customer's location. 3. Head Count: a. Conduct a head count (roll call) prior to all departures. RFP 24-027 City of Santa Ana Page 18 of 41 a CITY OF SANTA ANA 4. Pick -Up Point: a. Is the predefined location within the City limits for the passengers to be picked up by Carrier. This is where the trip begins. Driver must be at Pick -Up Point at least 20 minutes before Scheduled Departure Time. Standby Rate is applicable until the Actual Departure Time; Drive Time Rate begins thereafter. 5. Destination Point: a. is the predefined location, which may be outside of the City limits, but not outside of the Southern California area. This is the Destination Point, the main purpose of the trip. There may be multiple Destination Points. Drive Time Rate ends; Standby Rate begins until vehicle leaves for the Drop-off Point. Standby Rate is applicable until the Actual Departure Time; Drive Time Rate begins thereafter. 6. Drop -Off Point: a. is the predefined location within the City limits for the passengers to be dropped off by Carrier. Note that the Drop -Off Point is normally the same as the Pick -Up Point. This is where the trip is completed. Drive Time Rate ends; Standby Rate begins until last passenger leaves the vehicle. 7. Round Trip: a. is from Pick -Up Point to Destination Point to Drop-off Point. There may be multiple Destination Points before reaching the Drop-off Point. II. SCHEDULE 1. Provide the services on the agreed -upon schedule, generally, Monday through Friday, 9:00 am to 5:00 pm. 2. Note that the dates and times are subject to change or cancellation. 3. Note City will provide advance notice, typically 72 hours or more, for services or cancellations. III. TYPICAL ANNUAL REQUIREMENTS: (NOT IMPLIED AS A GUARANTEE) 1. The City conducts about 40 - 60 trips a year, which are generally 5 - 65 miles round trip. 2. Approximately two - three trips a week during the: a. 8 - 10 weeks of Summer (July -August) 3. Approximately two trips a month during the following months: a. September, October, December, January, February, March, April, May IV. PRICES 1. It shall be understood that the unit prices are firm for the initial year of the contract. 2. An increase or decrease may be made to the bid item prices for subsequent renewals the term of the contract. 3. Pricing must be inclusive of freight. RFP 24-027 City of Santa Ana Page 19 of 41 aCITY OF SANTA ANA 4. Additional Charges: not allowed, no fuel surcharges, no mileage rates PART II — ADDITIONAL REQUIREMENTS V. BIDDER QUALIFICATIONS 1. Possess the appropriate California Public Utilities Commission (CPUC) licenses for operating the types of vehicles and carrying the number of passengers in conjunction with the service requirements. 2. Must be listed at the CPUC website http://www.cpuc.ca.gov/PUC/CEC/z_cpucconsumers/e_carriers.htm under Limos, Shuttles, and Buses: Consumer Information Center; Hiring a Limo, Shuttle, or Bus; List of Companies. VI. SPECIFIC TERMS AND CONDITIONS 1. LEGAL a. Comply with all legal requirements: federal, state, and local laws, regulations b. Comply with all CPUC requirements as stated in the CPUC's Transportation License Section apply unless the company, classificiation, service, etc. are especially excluded therein. c. Comply with all ADA requirements 2. LICENSING a. CPUC issues operating authority to companies that are for hire to transport passengers, including charter buses that operate in California. Companies must display their CPUC file number on their vehicles and in advertisements; for example, "PSC 1234" or "TCP 1234." b. Drivers must be licensed as required under the California Vehicle Code and must comply with the driver provisions of Title 13, California Code of Regulations. c. Drivers must be the permit or certificate (CPUC authority) holder or under the complete supervision, direction and control of the operating carrier, and be an employee of the authority holder, or an employee of a sub -carrier, or an independent owner -driver who holds charter -party carrier authority and is operating as a sub -carrier. VII. CONTROLLED SUBSTANCES AND ALCOHOL 1. Provide for a drug testing program in accordance with General Order 157 Series (TCP) and General Order 158 Series (PSC), whichever is applicable. RFP 24-027 City of Santa Ana Page 20 of 41 ate?)CITY OF SANTA ANA 2. Do not permit any driver to operate any vehicle, in conjunction with these service requirements that does not conform to all of the applicable drug testing program requirements. 3. Do not permit any Controlled Substances and Alcohol to be used on the vehicle by anyone. Vill. DMV PULL NOTICE 1. Be enrolled in the DMV Employer Pull Notice Program (EPN). 2. Do not permit any driver to operate any vehicle, in conjunction with these service requirements that does not conform to all DMV requirements. IX. BACKGROUND CHECKS 1. Note that some passengers may be of minority age. 2. Utilize only the drivers have had Department of Justice criminal background checks completed and had those checks properly screened for these service requirements. 3. Perform background checks at least once every two years on individuals who are utilized in conjunction with these service requirements. X. PASSENGER INFORMATION 1. Make the following information available immediately to the passengers: a. Check the license status of the company: Call CPUC at 1-800-877-8867; Access the information from our website at www.cpuc.ca.gov. b. File a complaint against your CPUC-authorized passenger transportation company: Call CPUC at 1-800-894-9444; Email CPUC at CIU_intake@cpuc.ca.gov; Write the Passenger Section, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102; Use the complaint form on our website at: http://www.cpuc.ca.gov/static/forms/complaints/psg+complaint+form.pdf if your complaint is by email or in writing. XI. SAFETY, FIRST AID, EMERGENCIES 1. Note that other Safety, First Aid, Emergencies requirements are contained in other sections of these specifications. 2. Ensure that all drivers are up-to-date on first aid, CPR, and other related training. 3. Ensure that each vehicle used, in conjunction with these service requirements, has properly stocked first aid kits, fire extinguishers, and other related first aid devices as appropriate for the number of passengers and the expected duration of the trip. 4. Have emergency and critical incident procedures, arrangements and personnel in place to protect passengers and minimize disruption from on -road incidents, vehicle and/or system failures. RFP 24-027 City of Santa Ana Page 21 of 41 ate?)CITY OF SANTA ANA 5. Provide a list of primary and a secondary point of contact names and phone numbers for emergencies. XII. VEHICLES 1. Provide the following information for each vehicle that is available for service: a. The make, model, year, miles, condition, and attributes for each vehicle. b. License plate numbers, VIN numbers, and seating capacities. c. Provide updates within 10 days of adding or deleting any vehicle from this list. 2. Seating a. Use the appropriate sized -vehicle with the appropriate number of seats for a given Round Trip. b. Do not carry more passengers than the number of seats unless specifically allowed by law. c. Ensure that all seats have the appropriate and fully functional restraint devices (seat belts, child safety seats) for the type of vehicle being utilized. 3. Vehicle service requirements shall: a. Be appropriate for the intended use. b. Have passenger capacity to accommodate all passengers comfortably. c. Have the necessary safety equipment. d. Be fueled to at least 7/8ths of a tank, that other fluids including oil, antifreeze/coolant, power steering, brake fluid, washer fluid, battery fluid, and the like are topped -off before arrival at Pick-up Point. e. Have had battery performance checked within the last 30 calendar days. f. Be equipped with fully functional heating, air conditioning, doors, windows, windshield wipers, emergency radios, escapes (where appropriate), tires (spare included) that are in very good condition rated for the type of vehicle and weight loads. g. Have the appropriate charger for the mobile phones utilized by the driver for contact. h. Be clean inside and outside prior to scheduled service. Have the appropriate storage/baggage compartments. Be safeguarded at all times during the Round Trip. k. Be very well -maintained, up-to-date on their maintenance requirements. RFP 24-027 City of Santa Ana Page 22 of 41 aCITY OF SANTA ANA Provide replacement transportation to ensure a timely arrival at specified destinations in the event of mechanical malfunctions or breakdowns. m. Ensure that any backup or replacement vehicles meet the same criteria as the replaced vehicle. n. Use only Carrier's company -owned or -leased vehicles unless otherwise approved in advance by CR. o. Comply with all Department of Transportation Federal Highway Administration (DOT/FHWA) regulations with regard to their service. p. Make available all vehicle maintenance records utilized in these services for inspection by City within 3 working days' notice from City. q. Allow the City reserves the right to inspect the Vendors equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this agreement. XIII. DRIVERS Note that the split of responsibilities is provided as a general grouping an does not represent or limit the responsibilities of the Carrier and Drviers 1. Carrier Responsibilities a. Ensure that only drivers who are in good health (not mentally, emotionally, or physically compromised for operating the vehicles; and not contagious with any disease that might infect the passengers); well -rested; alert; and not under the influence of any illegal substances, substances or chemicals that would detract from their ability to operate the vehicle at optimal levels are utilized for these services. b. Remove drivers from operating a vehicle in conjunction with these service requirements that do not meet the foregoing requirements. c. Provide the appropriate number of drivers and relief drivers as required for the expected Round Trip travel time at no additional cost to City. d. Ensure that drivers are provided the appropriate breaks for meals and the like. e. Provide a fully -charged, fully -functional mobile phone to the driver to be available for contact at any time during the trip by Carrier or by City. f. Are trained and regularly evaluated for conformance with all applicable requirements. 2. Driver Responsibilities RFP 24-027 City of Santa Ana Page 23 of 41 ate?)CITY OF SANTA ANA a. Posses, at all times, a valid State of California Department of Motor Vehicle Driver License qualifying them to operate the vehicles. b. Are professional, courteous, and provide excellent customer service. c. Capable of communicating the English language: understanding, speaking, reading, and writing it. d. Attend and pass a defensive driver training course at least once every four years. e. Are trained, familiar with, and skilled at the operation of the vehicle to be used for this service. f. Ensure vehicles and contents are secure at all times. 3. Parking Tolls & Fees a. City will reimburse Carrier for the exact amount of all documented parking and toll fees for each Round Trip. These charges may be added onto the monthly invoice. 4. Fines a. Carrier is sole responsible for all fines including, but not limited to all DMV fines, towing, storage, etc. 5. Fuel Surcharges: a. Not allowed XIV. LEGAL AND BEST PRACTICE REQUIREMENTS 1. Be self -informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. 2. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices 3. Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations. XV. AUDIT REQUIREMENTS 1. City reserves the right to periodically inspect and audit Contractor's accounting procedures and supporting documentation in conjunction with the performance of the bid specifications. 2. City will notify Contractor in writing of any such requested audit. RFP 24-027 City of Santa Ana Page 24 of 41 ate?)CITY OF SANTA ANA 3. City will inspect and audit in a reasonable manner and at City's expense. 4. Contractor must fully cooperate with any such audit(s). 5. City will notify Contractor in writing of any exception taken as a result of an audit. 6. During required audits, in accordance with this article, discloses overcharges (of any nature) by Contractor to the City of the value of that portion of the Agreement that was audited, the actual cost of the City's audit shall be reimbursed to the City by Contractor for the entirety of the term including all extensions. RFP 24-027 City of Santa Ana Page 25 of 41 EXHIBIT B CONTRACTOR'S PROPOSAL TRANSPORTATION USA Coach Max Corp. 500 N Ford Blvd Los Angeles, CA 90022, USA Phone: (626) 786-8899 Email: den nis(c-usa-trans.com Website: https://www.coachmax.us/ Proposal for Charter Bus Services RFP No. 24=027 City of Santa Ana To: Timothy Pagano, Deputy Director of Parks, Recreation & Community Services City of Santa Ana — Parks, Recreation & Community Services 20 Civic Center Plaza, Santa Ana, CA 92701 E Table of Contents I1�d6]kv/4:»=1a94N II. SERVICES PROVIDED A. Transportation Services To Be Provided B. Schedule C. Typical Annual Requirements D. Prices III. AGREEMENT STATEMENT A. Concurrence B. Commitment to Compliance and Collaboration IV. FIRM AND TEAM EXPERIENCE A. Company Overview B. Safety Operations C. Nearest Address Serving Santa Ana D. Project Manager/Principal Agent Contact E. Key Staff Profiles V. PROPOSED WORK PLAN A. Understanding of Scope of Services B. Approach and Methodology C. Deliverables and Implementation Plan VI. COST PROPOSAL A. Pricing Model B. Payment Schedule C. Inclusions D. Proposal Validity VII. CERTIFICATIONS (ATTACHMENTS) A. Attachment A-1: Proposer's Certification B. Attachment A-2: Proposal Item Pricing C. Attachment B: References D. Attachment C: Proposer's Statement E. Attachment D: Non -Collusion Affidavit F. Attachment E: Non -Lobbying Certification G. Attachment F: Non -Discrimination Certification 3 I. COVER LETTER Coach Max Corp. 500 N Ford Blvd Los Angeles, CA 90022, USA Timothy Pagano, Deputy Director of Parks, Recreation & Community Services City of Santa Ana — Parks, Recreation & Community Services 20 Civic Center Plaza, Santa Ana, CA 92701 Dear Mr. Pagano, On behalf of Coach Max Corp., I am honored to submit our proposal in response to RFP No. 24-027 for charter bus services, issued by the City of Santa Ana. With over 30 years of distinguished service in the transportation industry, primarily within the Greater Los Angeles region, Coach Max Corp brings a wealth of experience and dedication to providing high -quality charter bus transportation solutions. We were founded on the principles of providing a high -quality and efficient transportation experience for our passengers. Our clients include private groups, corporations, colleges/universities, large-scale events, airlines, hotels and more. No matter the type of event, we ensure that we remove the headache of arranging transportation for our clients so that they can focus their energies on their own services. Our dispatch and services are available 24/7, 365 days a year. Our team of transportation professionals is dedicated to providing exceptional service, ensuring that every journey with us is memorable. We pride ourselves on our ability to meet the diverse transportation needs of any client. We are confident that Coach Max Corp. is the ideal partner for the City of Santa Ana and look forward to the possibility of working together. Thank you for considering our proposal. Should you have any questions or require further information, please do not hesitate to contact me directly. Warmest regards, CEO, Coach Max M II. SERVICES PROVIDED Coach Max Corp. is committed to providing unparalleled charter bus transportation services to meet the City of Santa Ana's needs as outlined in the Request for Proposal (RFP) No. 24-027. Our proposal encompasses a comprehensive approach to ensure the delivery of high -quality, efficient transportation solutions for community activities and events. The following details our proposed services in alignment with the RFP's Scope of Services. A. Transportation Services To Be Provided 1. Timely Departures and Arrivals Scheduled Departure Time: Coach Max Corp. will adhere strictly to the City - provided schedule, ensuring that vehicles leave the Pick -Up Point for the Destination Point on time. Actual Departure Time: We guarantee the accuracy of our departure times, leaving no room for discrepancies. Late Arrival and Late Show: Our stringent punctuality policy minimizes the risk of late arrivals. In the rare event of a delay, liquidated damages will apply, and in cases of significant delay, contract termination may be considered. 2. Cancellation Policy City -Initiated Cancellations: Should a service be canceled due to our late arrival or failure to show, no fees will be charged to the City. Additionally, trip charges will be prorated or waived if the cancellation occurs before vehicle dispatch or in the event the vehicle can be rerouted efficiently. 3. Head Count A thorough roll call will be conducted prior to all departures to ensure the safety and accountability of all passengers. 4. Designated Points Pick -Up and Drop -Off Points: Designated locations within City limits will be strictly adhered to, with drivers arriving at least 20 minutes before the scheduled 5 departure time. We understand the importance of these logistics in the smooth execution of each trip. 5. Destination Points Our services cover destinations both within and just outside City limits, adhering to Southern California boundaries. Multiple destination points within a single trip will be accommodated as per the City's requirements. 6. Round Trip Services We provide comprehensive round-trip services, from the Pick -Up Point to the Destination Point(s) and back to the Drop -Off Point, ensuring a seamless experience for all passengers. B. Schedule Our services are available as per the City's schedule, primarily from Monday through Friday, 9:00 am to 5:00 pm, with the flexibility to adjust to changes or cancellations. We commit to accommodating the City's advance notice for services or cancellations, typically provided 72 hours or more in advance. C.Typical Annual Requirements Coach Max Corp. is prepared to meet the City's annual transportation needs, with an estimated 40 - 60 trips annually, 5-65 miles round trip generally. Our planning accounts for the peak summer period as well as the regular scheduling throughout the rest of the year, ensuring readiness and availability to meet the City's diverse transportation needs. D. Prices Our pricing strategy is designed with the City's interests in mind, providing firm unit prices for the initial contract year with the possibility of adjustments in subsequent renewals. Our proposal guarantees that pricing will be inclusive of all costs, with no hidden fees, fuel surcharges, or additional mileage rates. C III. AGREEMENT STATEMENT Coach Max Corp. hereby acknowledges and agrees to the terms and conditions set forth in the Consultant Agreement presented by the City of Santa Ana. We have thoroughly reviewed each section of the agreement, including but not limited to the Scope of Services, Compensation, Term, Independent Contractor status, Ownership of Materials, Insurance requirements, Indemnification clauses, Intellectual Property Indemnification, Confidentiality, Conflict of Interest, Non -Discrimination policies, and all other provisions. A. Concurrence: We concur with the provisions as laid out in the agreement and are fully prepared to commit to the standards, terms, and expectations it establishes. We especially appreciate the clarity provided around the Scope of Services, Compensation, and Terms of the agreement, which aligns well with our operational capabilities and business practices. The sections regarding Ownership of Materials and Confidentiality also reflect our mutual interests in protecting intellectual property and sensitive information. B. Commitment to Compliance and Collaboration: Coach Max Corp. is committed to full compliance with all applicable laws, regulations, and standards governing our services. We believe that a collaborative approach to addressing the aforementioned concerns will result in a mutually beneficial agreement that facilitates the successful provision of charter bus services for the City of Santa Ana. We are prepared to engage in further discussions to address these concerns and finalize an agreement that reflects our shared commitment to excellence, safety, and community service. Coach Max Corp. looks forward to the opportunity to serve the City of Santa Ana and contribute positively to its transportation infrastructure. 7 IV. Firm and Team Experience A. Company Overview Coach Max Corp., with over three decades of expertise in the charter bus transportation industry, has established itself as a premier provider within the Greater Los Angeles region and beyond. Our firm has grown to embody the pinnacle of reliability, safety, and customer satisfaction in charter bus services. Our dedication to excellence has seen us partner successfully with numerous city governments, schools, corporations, and private groups, providing a wide range of transportation solutions tailored to each client's unique needs. At Coach Max Corp., we take pride in our fleet of state-of-the-art vehicles, including 56- seater and 60-seater motorcoaches, as well as versatile minibuses and luxury Mercedes Sprinter Vans, all equipped with modern amenities to ensure a comfortable and enjoyable travel experience. Our focus extends beyond the mere provision of transportation services; we aim to create memorable journeys, emphasizing safety, comfort, and reliability. Our team comprises seasoned transportation professionals, each bringing a wealth of experience and dedication to excellence. This collective expertise allows us to adapt to and meet the diverse transportation needs of the communities we serve, ensuring we remain at the forefront of the industry. B. Safety Operations At Coach Max, we continually strive to improve upon our safety practices day -in and day -out. With over three decades of experience within the industry in complying with Department of Transportation (DOT) guidelines, we have developed a proven track record of safe and efficient transportation services. We want our partners to understand that we place safety as the number one priority in our organization. Below is an overview of our safety operations: Fleet Cleanliness Plan Our buses are completely sanitized with FDA -approved disinfectants Buses are sanitized before and after each trip Response to Vehicle Breakdowns • Drivers undergo accident training in the incident of such circumstances. In such an event, our drivers' first method of action is to ensure safety of the passengers & bus, and then immediately notify our dispatch office. Once the severity of the accident is analyzed, we react appropriately by contacting police and/or sending mechanics to repair any breakdowns. Each of our buses is equipped with GPS so that we can easily monitor and identify their locations at any time Example exterior & interior of our SPAB-certified tour coach: E i 14 • All vehicles are equipped with Samsara GIPS and dash -cams that utilize state-of-the-art Al technology to provide alerts for harsh movement & distracted driving. • All vehicles are located at Coach Max's private, gated lot located at 500 N. Ford Blvd, East Los Angeles, CA 90022 with 24/7 surveillance cameras. Drivers Driver Hiring, Training & Evaluation All our drivers are first screened by our Safety Assistant to ensure they have the proper DOT, DMV & license credentials, work experience, and attitude to be able to be employed under our company. After screening, potential candidates are to undergo a drug & alcohol test at a licensed testing facility. Once cleared, drivers undergo a road test with our Safety Director. During the road test, we test the driver's ability to complete pre -trip inspections, familiarity with the vehicle, and operation of the vehicle through a fixed route. Upon satisfactory passing & the driver is confirmed to be hired, they are given an orientation by our Safety Team through company processes & 10 safety practices. All new drivers are diligently monitored by our team throughout their first two weeks on duty. Drug Testing Policy As mentioned above, drivers undergo a drug & alcohol test at a local, licensed facility before conducting their first drive -test. Once hired, drivers are enrolled into our drug & alcohol testing program, of which our facility conducts random drug & alcohol tests every year. Preventive Maintenance Plan All drivers are required to perform pre -trip inspections before leaving the fleet yard, and post -trip inspections upon returning. Every bus undergoes the required oil changes and 45-day inspections as required by FMCSA/DOT and PUC regulations. Any possible maintenance issues found during 45-day inspections are immediately resolved upon by our licensed mechanics. Compliance Documentation and Maintenance Records Each driver turns in their required pre -trip and post -trip inspection forms, as well as work orders logging their miles and hours driven. Logs that are required for longer trips are turned in as necessary. Every work order and inspection form is reviewed by our safety team and then signed off by our Safety Director. Safety Team All of our operations follow standard FMCSA/DOT & PUC transportation regulations. Our Safety Director is a retired CHP Officer from the Commercial Vehicles division who keep us informed of any new tour bus accidents within California. Within 48 hours of an accident notice, we hold an Accident Analysis Meeting to determine causes and how it could be prevented. 11 . We conduct Biweekly Safety Meetings where we discuss feedback from our safety inspector who performs random inspections on our drivers and collects performance data. Inspectors analyze whether drivers are following safety regulations in accordance to DOT standards and are accounted for within an internal point system. C. Nearest Address Serving Santa Ana Our headquarters and nearest operational location to Santa Ana, ensuring prompt and efficient service, is located at: 500 N Ford Blvd, Los Angeles, CA 90022, USA This strategic location allows us to effectively serve the City of Santa Ana and the surrounding Southern California region, providing a reliable foundation for our operational excellence. D. Project Manager/Principal Agent Contact For this project, Coach Max Corp. designates Christy Yu as the primary contact. Christy brings extensive experience in managing large-scale transportation projects and will oversee all aspects of our service delivery for the City of Santa Ana. Her expertise ensures that all operations run smoothly, from planning and coordination to execution. Contact Information: Name: Christy Koizumi Phone: 626-786-8899 Email: cris@usa1988.com Role: Christy will be responsible for all communications with the City, ensuring transparency, efficiency, and responsiveness throughout the project's duration. She will also represent Coach Max Corp. during presentations and interviews, providing detailed insights into our proposed services and addressing any queries or concerns. 12 E. Key Staff Profiles Our proposal includes detailed profiles for key staff members, each selected for their specialized skills and proven track record in delivering exceptional charter bus services. These profiles highlight their relevant experience, qualifications, and the unique value they bring to this project, ensuring that the City of Santa Ana receives the highest quality of service. Kit Soon (Dennis) Wong o Location: Los Angeles, CA o Role: CEO o Experience: ■ 35+ years owning and running private bus transportation companies ■ Main point of contact for all partnered vendors and clients ■ Exclusive vendor of Homeland Security in arranging private fleet for global political leaders ■ Excel in emergency requests for flight diversions/nurse strikes/disaster events Ruben Hernandez o Location: Los Angeles, CA o Role: Safety Director o Experience: ■ 27 years of experience as a California Highway Patrol officer in the Commercial Buses Division; now retired ■ Full knowledge of CHP/DOT regulations and safety trends ■ Screening & onboarding of new drivers and administering road tests Christy Koizumi o Location: Los Angeles, CA o Role: Strategic Development Director o Experience: ■ 18 years of experience as a Strategy Director within transportation management industry ■ Originally worked with top 5 travel agencies in Singapore to resolve emergencies occurring in outbound travels ■ Develop new business and maintain relationships with partners 13 Art Chuang o Location: Los Angeles, CA o Role: Operations Supervisor o Experience: ■ 7 years of experience dispatching VIP shuttles ■ Work closely with C-level management in coordinating interdepartmental operations Each team member has been carefully chosen for their expertise in operations, customer service, safety compliance, and logistical planning, making our team uniquely qualified to meet the City's transportation needs. Their collective experience and commitment to excellence underpin Coach Max Corp.'s reputation as a leader in the transportation industry. V. Proposed Work Plan A. Understanding of Scope of Services Coach Max Corp. fully understands the scope of services required by the City of Santa Ana as detailed in RFP No. 24-027. Our comprehensive grasp of the project's scope — encompassing timely transportation for various community activities, adherence to scheduled departures and arrivals, a robust cancellation policy, and the execution of head counts —aligns perfectly with our expertise and operational capabilities. With our extensive experience in providing charter bus services, particularly in managing transportation for city governments and large groups, we are uniquely positioned to meet the City's needs effectively. We recognize the importance of reliable, safe, and comfortable transportation services that accommodate the diverse needs of Santa Ana's community, including senior programs, youth field trips, and other special events. B.Approach and Methodology Our proposed method for delivering the required services is rooted in our commitment to operational excellence, customer satisfaction, and technological innovation. Our approach includes: 14 • Timely Coordination: Utilizing our advanced dispatch and routing software to ensure punctuality for all scheduled departures and arrivals. This includes real- time tracking of vehicles to anticipate and mitigate potential delays. • Communication and Flexibility: Establishing a direct line of communication with the City's coordinators to facilitate smooth operations and quick adjustments to service requirements as needed. • Safety and Compliance: Prioritizing safety by conducting regular maintenance checks on our fleet and ensuring all drivers meet stringent background checks, drug testing, and safety training requirements. • Innovative Technologies: Incorporating our Samsara GPS to monitor our buses as needed. C. Deliverables and Implementation Plan Coach Max Corp. has developed a detailed implementation plan to ensure the successful delivery of charter bus services for the City of Santa Ana, in alignment with RFP No. 24-027. Our plan is designed to meet the project objectives effectively, emphasizing timely execution, comprehensive service coverage, and exceptional service quality. Below are the key deliverables and the timeline for implementation: Key Deliverables: • Operational Plan Development: A complete operational blueprint detailing service schedules, route optimization, contingency plans, and communication protocols. • Fleet Readiness Report: Documentation verifying the readiness of our fleet, including maintenance records, safety inspections, and compliance with all relevant regulations. • Staff Training Completion: Certification of completed training sessions for all drivers and support staff, focusing on safety, customer service, and operational efficiency. 15 • Monthly Performance Reviews: Monthly reports providing insights into service performance, including punctuality, customer feedback, and any incidents or issues resolved. • Annual Service Evaluation: An in-depth annual review assessing the overall performance, customer satisfaction, and areas for improvement or adjustment. Implementation Timeline: Month 1: Planning and Coordination • Week 1: Finalize contract and prepare all necessary insurance & legal documentation to send to the City. • Week 2: Completion of staff training sessions, focusing on operational protocols, safety standards, and any other services requested upon by the City. Month 2: Service Launch and Monitoring • Week 1: Launch of transportation services, with real-time monitoring to ensure smooth operations from the outset. • Week 2-4: Continuous evaluation of service delivery, with adjustments made as necessary to optimize performance and efficiency. Month 3 and Onwards: Ongoing Management and Evaluation • Quarterly: Review meetings with City coordinators to discuss service performance, upcoming schedule adjustments, and any additional requirements. • Annually: Conduct the Annual Service Evaluation to review the year's performance, identify best practices, and outline strategies for continued improvement. Our implementation plan is designed to be flexible, allowing for adjustments based on real-time feedback and changing needs. Coach Max Corp. is committed to working closely with the City of Santa Ana to ensure that our charter bus services not only meet but exceed the community's expectations, providing safe, reliable, and efficient transportation solutions. 16 VI. Cost Proposal Coach Max Corp. presents the following cost proposal for charter bus services as outlined in RFP No. 24-027 by the City of Santa Ana. Our pricing model is designed to offer the City transparent, competitive rates that encompass all necessary costs to ensure high -quality, reliable transportation services without any hidden fees or additional charges. A. Pricing Model See page 19 for Proposal Pricing attachment. Cancellation Policy: • No charge if cancellation occurs more than 72 hours before scheduled departure. • Full Minimum Charge if cancellation occurs within 72 hours of scheduled departure. B. Payment Schedule Invoices will be issued monthly for services rendered during the previous month. Payment terms are net 30 days from the invoice date. The City of Santa Ana will have the flexibility to review and dispute any charges within 15 days of invoice receipt, ensuring transparency and satisfaction with the services provided. C.Inclusions • Rates are all inclusive of applicable taxes and fees. • No additional charges for travel -related expenses, including tolls, lodging and parking, will be requested upon by Coach Max. D. Proposal Validity This cost proposal will remain valid for a minimum of 180 days following the submission deadline, providing the City of Santa Ana ample time to review and consider our offer without any changes to the proposed rates. 17 viii. CERTIFICATIONS (ATTACHMENTS) I. Attachment A-1: Proposer's Certification II. Attachment A-2: Proposal Item Pricing III. Attachment B: References IV. Attachment C: Proposer's Statement V. Attachment D: Non -Collusion Affidavit VI. Attachment E: Non -Lobbying Certification VII. Attachment F: Non -Discrimination Certification (z) CITY OF SANTA ANA ATTACHMENT A-1 PROPOSER'S CERTIFICATION 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 (Exhibit 1) and am qualified to provide services being requested as specified herein. 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'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Coach Max Corp 323-268-9998 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 500 N Ford Blvd, East Los Angeles, CA 90022 BUSINESS ADDRESS Dennis Wong CEO RINTED NAME OF AUTHORIZED AGENT TITLE 4/21/2024 Bennis@usa-trans.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 95-4528401 NIA FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) NIA CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND 1F AN AWARD 1S MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 34 of 41 (9) CITY OF SANTA ANA ATTACHMENT A-2 PROPOSAL PRICING Please provide pricing for each type of bus and motor coach. Pricing shall be inclusive of all costs; NO ADDITIONAL CHARGES. DESCRIPTION HOURLY RATE MINIMUM CHARGE DAILY RATE 47 & 55 passenger, Deluxe Tour Coach (SPAB Certified) w/ restroom facilities $ 250 $ 1,250 $ 3,000 47 & 55 passenger, Deluxe Tour Coach (SPAB Certified) w/ restroom facilities, Lift Equipped $ N/A $ N/A $ N/A Regular School Bus Sizes: 48/72, 52/78, & 59 passenger w/ 3 pt Seat belts $ N/A $ N/A $ N/A Regular School Bus Sizes: 48/72, 52/78, & 59 passenger w/ 3 pt Seat belts, Lift Equipped $ N/A $ N/A $ N/A CANCELLATION RATES/FEES 72 Hour Notice $ Full Minimum Charge under 72-Hours MISCELLANEOUS CHARGES/FEES NOT REFLECTED ABOVE 26 passenger, no restroom, non-SPAB, Lift Equipped Description: $215 $ Hourly 1 $1,100 Minimum 1$2,400 Daily Description: $ Description: $ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 35 of 41 a CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: City of Pasadena Address: 175 Garfield Ave Pasadena, CA 91101 Contact Individual: Jayme Fllippini Phone Number: 323-896-9947 EMAIL: jfil-contractor@cityofpasadena.net Contract Amount: Open Contract Year: 2010 - Present Description of supplies, equipment, or services provided: Provide shuttle buses for City of Pasadena's ArtNight events REFERENCE Customer Name: City of Pomona Contact Individual: Ruth Alvarado Address: 499 E. Arrow Hwy Phone Number: Pomona, CA 91767 909-802-7730 EMAIL: ruth.alvarado@pomonaca.gov Contract Amount: Open Contract Year: 2022 - Present Description of supplies, equipment, or services provided: Provide charter buses for City of Pomona's Neighborhood Services Department REFERENCE Customer Name: Pasadena City College Contact Individual: Peter Benson Address: 1570 East Colorado Blvd Phone Number: Pasadena, CA 91106 626-585-7223 EMAIL: pcctransportation1@gmail.com Contract Amount: Open Contract Year: 2000 - Present Description of supplies, equipment, or services provided: Provide charter buses for students of Pasadena City College THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 36 of 41 CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Coach Max Co Signed and Printed N; Title CEO Date 4/21/2024 Dennis Wong THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 37 of 41 (a CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that makia@-a-fafskcertificaFiZ> may subject the certifier to criminal prosecution. Stat C County of _ Ly 3 Ln q-:�� t'°3 Subscri ed and sworn to (or affirmed) before me on this day of j 20 by Sban Jnyi proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ------------ MICHELLE 5, CHENG Nctary P--bic • California Los Angeles County r' Commission Y 2390677 Comm. Expires Jan 13, 2D26 No a blic Signa u e Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 38 of 41 CITY OF SANTA ANA A'AGHMNI' E NON -LOBBYING The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that nguage of this certification be included in all lower tier subcontracts, which exceed $100,00 and that N such su)recipients shall certify and disclose accordingly. Sig Title: CEO Firm: Coach Max Corp Date: 4/21 /2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 39 of 41 a CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract RFP 24-027 City of Santa Ana Page 40 of 41 (Z) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: -` CEO Firm: Coach Max Corp Date: 4/21/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 41 of 41 Agreement —Coach Max Corp (6.18.24 CCM)_FI NAL_6.5.24-Unsigned Final Audit Report 2024-06-11 Created: 2024-06-10 By: Julie Hoang Qhoang@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAVORLGW2iGRHZpSvk9_C51QWhFo2kgvMU "Agreement_ Coach Max Corp (6.18.24 CCM)_FINAL_6.5.24-Un signed" History Document created by Julie Hoang Qhoang@santa-ana.org) 2024-06-10 - 2:21:42 PM GMT Document emailed to Dennis Wong (dennis@usa-trans.com) for signature 2024-06-10 - 2:21:55 PM GMT Email viewed by Dennis Wong (dennis@usa-trans.com) 2024-06-11 - 3:06:56 AM GMT &0 Document e-signed by Dennis Wong (dennis@usa-trans.com) Signature Date: 2024-06-11 - 3:07:07 AM GMT - Time Source: server Agreement completed. 2024-06-11 - 3:07:07 AM GMT a Adobe Acrobat Sign CITY OF SANTA ANA AGREEMENT WITH ELITE EXECUTIVE CHARTER LLC FOR ON -CALL CHARTER BUS SERVICES THIS AGREEMENT is made and entered into on this 18th day of June, 2024 by and between Elite Executive Charter LLC, a California limited liability company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 19, 2024, the City issued Request for Proposal No. ("RFP") 24-027, by which is sought qualified contractors to provide on -call charter bus services for the City's Parks Recreation and Community Services Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-027. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP 24-027, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of two (2) contractors selected to provide charter bus services on an on -call basis under RFP 24-027. The total compensation for these services provided by all such contractors selected under RFP 24-027 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars and 00/100 ($500,000) for the entire term of this Agreement, including any extension periods exercised by the parties. The annual aggregate amount, available to all selected Contractors, shall not exceed $100,000. Page 1 of 10 #19793v7 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. In the event that Contractor arrives more than fifteen (15) minutes late for the scheduled pick-up time at the scheduled location, the Contractor shall pay to the City liquidated damages in the amount of $100 for each fifteen (15) minutes of unexcused delay, at the sole discretion of the Director of Parks, Recreation, and Community Services, up to a maximum of Five Hundred Dollars and 00/100 ($500). These liquidated damages, if any, shall be offset against the charge for Contractor's services invoiced for the day Contractor was late. The parties acknowledge this liquidated damage amount represents a reasonable estimate of the City's damages in the event of a delay, considering the difficulty of proving such damages and the potential disruption to the City's event(s). 3. TERM This Agreement shall commence on July 1, 2024 for a three (3) year term with the option for the City to grant up to two (2) one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or Page 2 of 10 #19793v7 drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE The selected Contractor shall provide the required evidence of insurance coverage as set forth in this Agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor shall maintain, for the duration of the Agreement, insurance coverages required by City, as stated below. Coverage shall be at least as broad as: a. Minimum Scope and Limit of Insurance (1) Commercial General 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 and $4,000,000 aggregate. (2) Automobile Liability (AL). ISO Form Number CA 00 01 covering owned, hired and non -owned autos with a limit of no less than $5,000,000 per occurrence for bodily injury, $3,000,000 for property damage and $10,000,000 aggregate. (3) Workers' Compensation. As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Sexual Abuse or Molestation Liability (SAML). If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. (5) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified Page 3 of 10 #19793v7 minimum limits of insurance and coverage shall be available to the City. b. Self -Insured Retentions. Self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall cause its insurer(s) to reduce or eliminate such self -insured retentions as respects City, its City Council, officers, officials, employees, agents and volunteers; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. c. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL, AL, and SAML policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. (2) Waiver of Subrogation. Contractor's insurance company(ies) agree(s) to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which may arise from work performed by Contractor under this Agreement. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (3) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (4) Severability of Interest (Cross -Liability). A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. Page 4 of 10 #19793v7 (6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. d. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. e. Claims -Made Policies. If any of the above required insurance policies are on a claims -made basis: (1) The retroactive date must be show, and must be before the date of the Agreement of the beginning of contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement. (3) If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the Agreement effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. f. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage 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 Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. g. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, including requirements stated above in other insurance provisions on insurance required from subcontractors. h. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal Page 5 of 10 #19793v7 injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this 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 Page 6 of 10 #19793v7 nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all 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 the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Page 7 of 10 #19793v7 Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by Page 8of10 #19793v7 first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: Elite Executive Charter LLC Attn: Cenk Ozkay 7111 Garden Grove Blvd. STE 220 Garden Grove, CA 92641 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 9 of 10 #19793v7 SIGNATURE PAGE FOR AGREEMENT WITH ELITE EXECUTIVE CHARTER LLC FOR ON -CALL CHARTER BUS SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bra Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONTRACTOR: -5;t C-- Cenk Ozkay (Jun 10, 2024 12:27 PDT) Cenk Ozkay Principal Agent Page 10 of 10 #19793v7 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Proposer(s) shall perform the services as set forth below. OVERVIEW The City of Santa Ana seeks a qualified licensed charter motorcoach/bus services company to provide transportation of groups of people for pre -arranged round-trip excursions from various points within City limits to other destinations in the southern California area on an as -needed basis throughout the year. These events include, but are not limited to: senior programs, youth field trips, community excursions, and other special events. Transportation services will be requested on an as -needed basis by designated City staff. All proposals shall include turnkey pricing for all services requested, and the City reserves the right to reasonably increase or decrease the amounts and change specifications upon award. PART I - SCOPE OF SERVICES I. TRANSPORT SERVICES TO BE PROVIDED 1. Scheduled Departure Time: a. is the time that City has provided to Carrier when the vehicle is to leave the Pick - Up Point for the Destination Point. b. Actual Departure Time: is the actual time the vehicle leaves from the Pick -Up Point or the Destination Point. c. Late Arrival: is arrival at the Pick -Up Point that is later than the required arrival time of at least 20 minutes before the Scheduled Departure Time. Liquidated damages apply. d. Late Show: is arrival at the Pick -Up Point that is later than the Scheduled Departure Time. Liquidated damages apply; Contract termination may apply. 2. Cancelation: a. If City cancels requested service due to Carrier's Late Arrival at the Pick -Up Point or Late Show, which causes City to cancel the event due to time restrictions at the destination point, then Carrier shall not charge City any fees whatsoever and liquidated damages apply. b. If City cancels requested service any time before vehicle is dispatched, then Carrier shall not charge City any fees whatsoever. c. If City cancels requested service after vehicle is dispatched, then City will pay the Trip Charge and no other charges. Trip Charges are to be prorated downward in cases where the vehicle dispatch point was closer to Santa Ana, CA and where the vehicle is re-routed to another customer's location. 3. Head Count: a. Conduct a head count (roll call) prior to all departures. RFP 24-027 City of Santa Ana Page 18 of 41 a CITY OF SANTA ANA 4. Pick -Up Point: a. Is the predefined location within the City limits for the passengers to be picked up by Carrier. This is where the trip begins. Driver must be at Pick -Up Point at least 20 minutes before Scheduled Departure Time. Standby Rate is applicable until the Actual Departure Time; Drive Time Rate begins thereafter. 5. Destination Point: a. is the predefined location, which may be outside of the City limits, but not outside of the Southern California area. This is the Destination Point, the main purpose of the trip. There may be multiple Destination Points. Drive Time Rate ends; Standby Rate begins until vehicle leaves for the Drop-off Point. Standby Rate is applicable until the Actual Departure Time; Drive Time Rate begins thereafter. 6. Drop -Off Point: a. is the predefined location within the City limits for the passengers to be dropped off by Carrier. Note that the Drop -Off Point is normally the same as the Pick -Up Point. This is where the trip is completed. Drive Time Rate ends; Standby Rate begins until last passenger leaves the vehicle. 7. Round Trip: a. is from Pick -Up Point to Destination Point to Drop-off Point. There may be multiple Destination Points before reaching the Drop-off Point. II. SCHEDULE 1. Provide the services on the agreed -upon schedule, generally, Monday through Friday, 9:00 am to 5:00 pm. 2. Note that the dates and times are subject to change or cancellation. 3. Note City will provide advance notice, typically 72 hours or more, for services or cancellations. III. TYPICAL ANNUAL REQUIREMENTS: (NOT IMPLIED AS A GUARANTEE) 1. The City conducts about 40 - 60 trips a year, which are generally 5 - 65 miles round trip. 2. Approximately two - three trips a week during the: a. 8 - 10 weeks of Summer (July -August) 3. Approximately two trips a month during the following months: a. September, October, December, January, February, March, April, May IV. PRICES 1. It shall be understood that the unit prices are firm for the initial year of the contract. 2. An increase or decrease may be made to the bid item prices for subsequent renewals the term of the contract. 3. Pricing must be inclusive of freight. RFP 24-027 City of Santa Ana Page 19 of 41 aCITY OF SANTA ANA 4. Additional Charges: not allowed, no fuel surcharges, no mileage rates PART II — ADDITIONAL REQUIREMENTS V. BIDDER QUALIFICATIONS 1. Possess the appropriate California Public Utilities Commission (CPUC) licenses for operating the types of vehicles and carrying the number of passengers in conjunction with the service requirements. 2. Must be listed at the CPUC website http://www.cpuc.ca.gov/PUC/CEC/z_cpucconsumers/e_carriers.htm under Limos, Shuttles, and Buses: Consumer Information Center; Hiring a Limo, Shuttle, or Bus; List of Companies. VI. SPECIFIC TERMS AND CONDITIONS 1. LEGAL a. Comply with all legal requirements: federal, state, and local laws, regulations b. Comply with all CPUC requirements as stated in the CPUC's Transportation License Section apply unless the company, classificiation, service, etc. are especially excluded therein. c. Comply with all ADA requirements 2. LICENSING a. CPUC issues operating authority to companies that are for hire to transport passengers, including charter buses that operate in California. Companies must display their CPUC file number on their vehicles and in advertisements; for example, "PSC 1234" or "TCP 1234." b. Drivers must be licensed as required under the California Vehicle Code and must comply with the driver provisions of Title 13, California Code of Regulations. c. Drivers must be the permit or certificate (CPUC authority) holder or under the complete supervision, direction and control of the operating carrier, and be an employee of the authority holder, or an employee of a sub -carrier, or an independent owner -driver who holds charter -party carrier authority and is operating as a sub -carrier. VII. CONTROLLED SUBSTANCES AND ALCOHOL 1. Provide for a drug testing program in accordance with General Order 157 Series (TCP) and General Order 158 Series (PSC), whichever is applicable. RFP 24-027 City of Santa Ana Page 20 of 41 ate?)CITY OF SANTA ANA 2. Do not permit any driver to operate any vehicle, in conjunction with these service requirements that does not conform to all of the applicable drug testing program requirements. 3. Do not permit any Controlled Substances and Alcohol to be used on the vehicle by anyone. Vill. DMV PULL NOTICE 1. Be enrolled in the DMV Employer Pull Notice Program (EPN). 2. Do not permit any driver to operate any vehicle, in conjunction with these service requirements that does not conform to all DMV requirements. IX. BACKGROUND CHECKS 1. Note that some passengers may be of minority age. 2. Utilize only the drivers have had Department of Justice criminal background checks completed and had those checks properly screened for these service requirements. 3. Perform background checks at least once every two years on individuals who are utilized in conjunction with these service requirements. X. PASSENGER INFORMATION 1. Make the following information available immediately to the passengers: a. Check the license status of the company: Call CPUC at 1-800-877-8867; Access the information from our website at www.cpuc.ca.gov. b. File a complaint against your CPUC-authorized passenger transportation company: Call CPUC at 1-800-894-9444; Email CPUC at CIU_intake@cpuc.ca.gov; Write the Passenger Section, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102; Use the complaint form on our website at: http://www.cpuc.ca.gov/static/forms/complaints/psg+complaint+form.pdf if your complaint is by email or in writing. XI. SAFETY, FIRST AID, EMERGENCIES 1. Note that other Safety, First Aid, Emergencies requirements are contained in other sections of these specifications. 2. Ensure that all drivers are up-to-date on first aid, CPR, and other related training. 3. Ensure that each vehicle used, in conjunction with these service requirements, has properly stocked first aid kits, fire extinguishers, and other related first aid devices as appropriate for the number of passengers and the expected duration of the trip. 4. Have emergency and critical incident procedures, arrangements and personnel in place to protect passengers and minimize disruption from on -road incidents, vehicle and/or system failures. RFP 24-027 City of Santa Ana Page 21 of 41 ate?)CITY OF SANTA ANA 5. Provide a list of primary and a secondary point of contact names and phone numbers for emergencies. XII. VEHICLES 1. Provide the following information for each vehicle that is available for service: a. The make, model, year, miles, condition, and attributes for each vehicle. b. License plate numbers, VIN numbers, and seating capacities. c. Provide updates within 10 days of adding or deleting any vehicle from this list. 2. Seating a. Use the appropriate sized -vehicle with the appropriate number of seats for a given Round Trip. b. Do not carry more passengers than the number of seats unless specifically allowed by law. c. Ensure that all seats have the appropriate and fully functional restraint devices (seat belts, child safety seats) for the type of vehicle being utilized. 3. Vehicle service requirements shall: a. Be appropriate for the intended use. b. Have passenger capacity to accommodate all passengers comfortably. c. Have the necessary safety equipment. d. Be fueled to at least 7/8ths of a tank, that other fluids including oil, antifreeze/coolant, power steering, brake fluid, washer fluid, battery fluid, and the like are topped -off before arrival at Pick-up Point. e. Have had battery performance checked within the last 30 calendar days. f. Be equipped with fully functional heating, air conditioning, doors, windows, windshield wipers, emergency radios, escapes (where appropriate), tires (spare included) that are in very good condition rated for the type of vehicle and weight loads. g. Have the appropriate charger for the mobile phones utilized by the driver for contact. h. Be clean inside and outside prior to scheduled service. Have the appropriate storage/baggage compartments. Be safeguarded at all times during the Round Trip. k. Be very well -maintained, up-to-date on their maintenance requirements. RFP 24-027 City of Santa Ana Page 22 of 41 aCITY OF SANTA ANA Provide replacement transportation to ensure a timely arrival at specified destinations in the event of mechanical malfunctions or breakdowns. m. Ensure that any backup or replacement vehicles meet the same criteria as the replaced vehicle. n. Use only Carrier's company -owned or -leased vehicles unless otherwise approved in advance by CR. o. Comply with all Department of Transportation Federal Highway Administration (DOT/FHWA) regulations with regard to their service. p. Make available all vehicle maintenance records utilized in these services for inspection by City within 3 working days' notice from City. q. Allow the City reserves the right to inspect the Vendors equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this agreement. XIII. DRIVERS Note that the split of responsibilities is provided as a general grouping an does not represent or limit the responsibilities of the Carrier and Drviers 1. Carrier Responsibilities a. Ensure that only drivers who are in good health (not mentally, emotionally, or physically compromised for operating the vehicles; and not contagious with any disease that might infect the passengers); well -rested; alert; and not under the influence of any illegal substances, substances or chemicals that would detract from their ability to operate the vehicle at optimal levels are utilized for these services. b. Remove drivers from operating a vehicle in conjunction with these service requirements that do not meet the foregoing requirements. c. Provide the appropriate number of drivers and relief drivers as required for the expected Round Trip travel time at no additional cost to City. d. Ensure that drivers are provided the appropriate breaks for meals and the like. e. Provide a fully -charged, fully -functional mobile phone to the driver to be available for contact at any time during the trip by Carrier or by City. f. Are trained and regularly evaluated for conformance with all applicable requirements. 2. Driver Responsibilities RFP 24-027 City of Santa Ana Page 23 of 41 ate?)CITY OF SANTA ANA a. Posses, at all times, a valid State of California Department of Motor Vehicle Driver License qualifying them to operate the vehicles. b. Are professional, courteous, and provide excellent customer service. c. Capable of communicating the English language: understanding, speaking, reading, and writing it. d. Attend and pass a defensive driver training course at least once every four years. e. Are trained, familiar with, and skilled at the operation of the vehicle to be used for this service. f. Ensure vehicles and contents are secure at all times. 3. Parking Tolls & Fees a. City will reimburse Carrier for the exact amount of all documented parking and toll fees for each Round Trip. These charges may be added onto the monthly invoice. 4. Fines a. Carrier is sole responsible for all fines including, but not limited to all DMV fines, towing, storage, etc. 5. Fuel Surcharges: a. Not allowed XIV. LEGAL AND BEST PRACTICE REQUIREMENTS 1. Be self -informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. 2. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices 3. Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations. XV. AUDIT REQUIREMENTS 1. City reserves the right to periodically inspect and audit Contractor's accounting procedures and supporting documentation in conjunction with the performance of the bid specifications. 2. City will notify Contractor in writing of any such requested audit. RFP 24-027 City of Santa Ana Page 24 of 41 ate?)CITY OF SANTA ANA 3. City will inspect and audit in a reasonable manner and at City's expense. 4. Contractor must fully cooperate with any such audit(s). 5. City will notify Contractor in writing of any exception taken as a result of an audit. 6. During required audits, in accordance with this article, discloses overcharges (of any nature) by Contractor to the City of the value of that portion of the Agreement that was audited, the actual cost of the City's audit shall be reimbursed to the City by Contractor for the entirety of the term including all extensions. RFP 24-027 City of Santa Ana Page 25 of 41 EXHIBIT B CONTRACTOR'S PROPOSAL Elite Charter 7111 Garden Grove Blvd Garden Grove, CA Timothy Pagano, Deputy Director of Parks, Recreation & Community Services City of Santa Ana — Parks, Recreation & Community Services 20 Civic Center Plaza Santa Ana, CA 92701 Dear Prospective Client, Thank you for the opportunity to bid on this RFP. This letter is to give an insight into the standards and practices that we have in place to ensure your safety and comfort while in our hands. We believe that in order to ensure each trip is a total success there must be "a million things done right" but we strive for a million and one! From the time you email or call to book your transportation until you are delivered to your destination it is our belief that you will be treated to service and accommodations that are first class and second to none. We are growing at Elite with our contracted work and with that comes experience. Though we as a company have been around for many years it has been more on the retail side. We started to expand our shuttle services; and grew into the SPAB sector which has been very rewarding. We now are thriving with our contracted districts and expanding as we grow. I will dedicate my time and knowledge to making the needs of the City of Santa Ana a priority. I have worked in charter transportation for close to 16 years. I come from the San Francisco Bay area where I have implemented many commuter shuttle routes for large tech companies, airport shuttle routes that run for 20 hours a day with multiple hotel pick-ups and intercampus shuttles for UCSF. My goal was to bring my logistics management experience to Elite and help grow the company and we are succeeding in regard to that challenge. I have used many GPS platforms before and even used passenger ridership tracking software in the past. Currently we have Azuga in all our buses. Our fleet is well taken care of, and our charter buses are all 2018 or newer with impeccable maintenance records. We look forward to serving you. Please do not hesitate to give us a call should you have any questions regarding the information herein. Sincerely Cenk Ozkay Services Provided Our proposed charter bus services are tailored to meet the transportation needs of the City, as outlined in Section III — Scope of Services. We understand the importance of safe, reliable, and efficient transportation options. Our comprehensive range of services is designed to enhance the charter bus experience. 1. Flexible Transportation Solutions: We offer customizable charter bus services to accommodate a wide range of needs, including group outings, corporate events, school trips, and special occasions. Our fleet of modern, well -maintained buses can be tailored to suit varying group sizes, schedules, and destinations, providing flexible transportation solutions to meet the specific requirements of our clients. 2. Safe and Reliable Service: Safety is our top priority. Our experienced drivers undergo rigorous training and adhere to strict safety protocols to always ensure the well-being of passengers. Our fleet is regularly inspected and maintained to the highest standards, minimizing the risk of mechanical issues and ensuring reliable service delivery. 3. Accessibility and Inclusivity: We are committed to providing transportation services that are accessible to all members of the community. Our buses are equipped with features such as wheelchair lifts, priority seating, and audio-visual announcements to accommodate passengers with disabilities and ensure equal access to transportation services for everyone. 4. Eco-Friendly Practices: Sustainability is a core value of our company. We prioritize eco-friendly practices, such as using fuel -efficient vehicles, implementing idling reduction measures, and exploring alternative fuels, to minimize our environmental impact and contribute to the City's sustainability goals. 5. Customer Service Excellence: Our dedicated customer service team is available to assist clients with booking inquiries, itinerary changes, and any other concerns or requests they may have. We pride ourselves on delivering exceptional customer service and strive to exceed our clients' expectations with every interaction. 6. Collaboration with City Authorities: We work collaboratively with City authorities and regulatory agencies to ensure compliance with local transportation regulations and ordinances. By maintaining open lines of communication and adhering to regulatory requirements, we aim to operate in harmony with the City's transportation infrastructure and contribute to its overall transportation objectives. By offering these comprehensive charter bus services, we aim to enhance the mobility and accessibility of the City while providing safe, reliable, and convenient transportation options for residents and visitors alike. Our commitment to excellence, safety, and sustainability ensures that we meet the needs of the City as described in Section III — Scope of Services, and we look forward to serving the community with dedication and integrity Agreement Statement We hereby agree to the terms and conditions outlined in EXHIBIT II — Sample Agreement of this RFP. After careful review, we have found the provisions contained within the agreement to be acceptable and aligned with our business practices and objectives. We are fully committed to fulfilling our obligations under the terms of the agreement and to providing the proposed services to the best of our abilities. Should there be any concerns or areas requiring clarification, we will communicate them promptly to ensure mutual understanding and resolution. Our primary objective is to establish a mutually beneficial partnership that facilitates the successful implementation of the proposed services while upholding the highest standards of professionalism, integrity, and quality. We appreciate the opportunity to participate in this RFP process and look forward to the possibility of working together to achieve the goals outlined therein. ���e Cenk Ozkay 4/22/24 Firm and Team Experience - Elite Executive Charter I. General Description of the Firm: Elite Executive Charter is a premier provider of luxury charter bus services, specializing in delivering top -tier transportation solutions to Orange County and surrounding areas. As a distinguished leader in the industry, we pride ourselves on our commitment to excellence, reliability, and customer satisfaction. Our firm employs a team of highly skilled professionals dedicated to delivering unparalleled service to our clients. Size and Number of Employees Working Directly with the City: Elite Executive Charter operates with a team of over 40 employees directly involved in providing services to our clients. For the City of Santa Ana contract, we will assign a dedicated team of professionals to ensure seamless service delivery and client satisfaction. Firm's Nearest Address Serving the City of Santa Ana: Our nearest address serving the City of Santa Ana is located at 7044 Garden Grove Blvd, Garden Grove, CA 92841. Headquarters Address: Elite Executive Charter's headquarters is located at 7111 Garden Grove Blvd, Suite 220 Garden Grove, CA 92841. II. Name and Contact Information of the Supervising Project Manager/Principal Agent: Name: Cenk Ozkay Title: Project Manager/Principal Agent Contact Information: Email: cenk@elitecharter.com Phone: (562) 244-2779 Cenk Ozkay, will serve as the primary point of contact and representative of our firm for the City of Santa Ana contract. With extensive experience in managing transportation projects and a commitment to client satisfaction, I will ensure the successful implementation of our services and serve as the liaison between Elite and the City. III. Resumes for Key Staff Proposed: Below are resumes for key staff proposed to work on the City of Santa Ana contract: 1. Adam Swaby - CEO • Brings a wealth of expertise in strategic leadership and operations management. Adam's visionary leadership style and passion for innovation have propelled Elite Executive Charter to become a leading provider of luxury charter bus services. • Led Elite Executive Charter through periods of growth and expansion, overseeing the development and implementation of strategic initiatives to drive business performance and enhance market competitiveness. 2. Cenk Ozkay - Project Manager/Business Development Manager • Over 15 years of experience in the transportation industry. • Proven track record of successfully managing charter bus services for corporate and municipal clients. 3. Valeria Raya - Operations Manager • 4 years of experience in transportation logistics and operations. • Skilled in overseeing fleet maintenance and ensuring compliance with safety regulations. 4. Ben Lopez — Dispatcher • 6 years of experience in customer service and relationship management. • Dedicated to delivering exceptional service and exceeding customer expectations. • Proficient in handling client inquiries, resolving issues, and maintaining positive relationships. 5. Sean Frazier — Fleet Mechanic • 8 years of experience in fleet management. • Dedicated to delivering exceptional service. • Proficient in handling emergency situations. Our team of experienced professionals is committed to delivering high -quality charter bus services that meet the needs and expectations of the City of Santa Ana. We are fully prepared to adhere to the terms and conditions outlined in the Contract Documents and to perform the requested services with excellence and integrity. Cenk Ozkay 4/23/24 Scope of Services Understanding We fully understand the Scope of Services outlined in the Request for Proposal (RFP). Our team comprehensively reviewed the requirements and objectives specified, and we are committed to delivering services that meet or exceed the expectations outlined therein. Our understanding encompasses the need for safe, reliable, and efficient transportation solutions that enhance mobility, accessibility, and connectivity within the City. Anticipated Approach to Performing Services: Our approach to performing the charter bus services is grounded in efficiency, safety, and customer satisfaction. We will begin with the schedule set forth for transportation needs and requirements of the City, including anticipated passenger volumes, destinations, and scheduling preferences. Our experienced team will handle all aspects of service delivery, from booking and scheduling to route planning and execution. We will utilize modern, well -maintained buses equipped with the latest safety features to ensure the comfort and security of passengers. Our drivers will undergo comprehensive training and adhere to strict safety protocols to minimize risk and promote a safe travel experience for all passengers. (9) CITY OF SANTA ANA ATTACHMENT A-1 PROPOSER'S CERTIFICATION 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 (Exhibit 1) and am qualified to provide services being requested as specified herein. 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'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Elite Executive Charter LEGAL NAME OF COMPANY 7111 Garden Grove Blvd. Suite 220, Garden Grove, 92841 BUSINESS ADDRESS Cenk Ozkay PRINTED NAME OF AUTHORIZED AGENT �47 4/22/2024 SIGNATURE`101� AUTHORIZED AGENT DATE 92-0745081 PHONE AND FAX NUMBERS Business Development Man TITLE cenk@elitecharter.com E-MAIL ADDRESS PSGO042771 - DOT: 3973517 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 34 of 41 (9) CITY OF SANTA ANA ATTACHMENT A-2 PROPOSAL PRICING Please provide pricing for each type of bus and motor coach. Pricing shall be inclusive of all costs; NO ADDITIONAL CHARGES. MINIMUM DESCRIPTION HOURLY RATE CHARGE DAILY RATE 7 & 55 passenger, Deluxe Tour Coach (SPAB Certified) w/ restroom facilities $175 $ 875 $ 2450 7 & 55 passenger, Deluxe Tour Coach (SPAB Certified) w/ restroom facilities, $ N/A $ N/A $ N/A Lift Equipped Regular School Bus Sizes: 8/72, 52/78, & 59 passenger w/ 3 pt $ N/A $ N/A $ N/A Seat belts Regular School Bus Sizes: 8/72, 52/78, & 59 passenger w/ 3 pt $ N/A $ N/A $ N/A Seat belts, Lift Equipped CANCELLATION RATES/FEES 72 Hour Notice $ Prior to 72 hours $250 within 72 hours $500 MISCELLANEOUS CHARGES/FEES NOT REFLECTED ABOVE Description: Fuel $ 10% Description: $ Description: $ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 35 of 41 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:Long Beach Unified School DistrictContact Individual: Jason Perdew Address: 2700 Pine Ave, Long Beach, CA 90806 Phone Number: 562-426-6176 EMAIL: JPERDEW@lbschools.net Contract Amount: $300,000 Year: 2023/24 Description of supplies, equipment, or services provided: Charter bus services, SPAB REFERENCE Customer Name:Santa Monica Unified School Contact Individual: Neal Abramson Address: 1717 4th St. Phone Number: Santa Monica, CA 90401 (310) 264-1856 EMAIL: nabramson@smmusd.org Contract Amount: $150,000 Year: 2023/24 Description of supplies, equipment, or services provided: Charter bus services, SPAB REFERENCE Customer Name: Irvine Unified School District Contact Individual: Ramon Flores Address: 5050 Barranca Pkwy. Irvine Phone Number: EMAIL: RamonFlores@iusd.org Contract Amount: $100,000 Year: 2023/24 Description of supplies, equipment, or services provided: Charter bus services, SPAB THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 36 of 41 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Elite Executive Charter Signed and Printed Name: Cenk Ozkay Title Business Development Manager Date 4/22/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 37 of 41 (a CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed � C � Texas /� 304/2 /2024 Tarrant State of ccA County of 'DraTsae Subscribed and sworn to (or affirmed) before me on this 23rd day of April , 2024 by Cenk Ozkay , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ublic, State of Texas Notary Public Signature aYllllll/U����i `0,, <� - N6ft- II "bIic Seal Electronically signed and notarized online using the Proof platform. Mark Johnson ID NUMBER 134624548 COMMISSION EXPIRES November 28, 2027 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 38 of 41 (9) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Business Development Manager Firm: Elite Executive Charter Date: 4/22/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 39 of 41 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract RFP 24-027 City of Santa Ana Page 40 of 41 (a CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Business Development Manager Firm: Elite Executive Charter Date: 4/22/24 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 24-027 City of Santa Ana Page 41 of 41 ACC>RV CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/23/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Michael Greenwood A/CNNo Et): 714-744-4119 FAX No : 714-744-4255 Michael Scott Greenwood ADDRESS: mscottgreenwood@gmail.com 17853 Santiago Blvd Ste 107-233 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Incline Casualty Ins Comp 11090 Villa Park CA 92861 INSURED INSURER B : Lloyds of London INSURER C : Siriuspoint America Insurance Company 38776 Elite Executive Charter, LLC. INSURER D : 13281 Eton Place INSURER E : Cowan Heights CA 92705 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 5ST11201-01 08/12/2024 01/24/2025 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO ❑ LOC JECT PRODUCTS-COMP/OPAGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY 5ST11201-01 01/24/2024 01/24/2025 COMBINED SINGLE LIMIT Ea accident $ 2000000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ XHIRED PROPERTY DAMAGE Per accident $ NON -OWNED AUTOS ONLY /� AUTOS ONLY A UMBRELLA LIAB X OCCUR 5ST11201-01 01/24/2024 01/24/2025 EACH OCCURRENCE $ 3,000,000 X AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N WC11653200 02/23/2023 02/23/2024 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Sexual Abuse & Molestation W35OBF230101 06/01/2023 06/01/2024 Each Victim $1,000,000 A Comp & Coll 5ST11201-01 01/24/2024 01/24/2025 Less $2,500 Ded $305.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION proof of coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD