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HomeMy WebLinkAboutOrange County Transportation Authority (OCTA) - 2018-07-27 AGREEMENT NO. C-8-1818 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND CITY OF HUNTINGTON BEACH 6 This Agreement is effective this 027'day o , 2018, (the "Agreement") by and 7 between the Orange County Transportation Authority, 5 South Main Street, P.O. Box 14184, Orange, 8 California 92863-1584, a public corporation of the State of California (hereinafter referred to as 9 "Authority"), and the City of Huntington Beach, a municipal corporation, 2000 Main Street, Huntington 10 Beach, California 92648(hereinafter referred to as"City"). u WITNESSETH: 12 WHEREAS, the Orange County Taxi Administration Program ("OCTAP") is a voluntary 13 association of Orange County cities and the County of Orange ("County"), including City, which have 14 delegated the issuance of taxicab vehicle licenses and driver permits and other administrative functions 15 to the Authority. 16 WHEREAS, the City agreed to participate in OCTAP in order to increase public safety, reduce 17 administrative costs, and expand the provision of private transportation service in Orange County. 18 WHEREAS, the Authority provides staff and administrative services necessary to implement the 19 OCTAP rules and regulations. The City retains all responsibility for taxicab regulation and enforcement 20 within its borders. 21 WHEREAS, the Authority collects permit fees to offset the costs of administering the program. 22 Due to the declining revenues from permit fees, however,the Authority determined it is unsustainable for 23 OCTAP to continue as funded and therefore provided the requisite 12-month notice to all cities and the 24 County that the Authority will withdraw as the OCTAP administrative agency. 25 WHEREAS, the cities and County have requested, and the Authority has agreed, to continue 26 administration of the OCTAP program on behalf of the Orange County cities and the County upon receipt Page 1 of 3 Rev Date:3/6/2018 e they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City and/or the HBPOA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). The parties shall meet and confer within 30 days of a party's request to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney's fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney's fees for doctor's depositions. HBPOA MOU October 1,2017 through December 31,2019 50 ys of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 AGREEMENT NO. C-8-1818 1 of funding from each city and the County, including City. 2 NOW,THEREFORE, it is mutually understood and agreed by Authority and City as follows: 3 1. Term. This Agreement shall commence on January 1, 2018 and shall remain in full force 4 and effect until December 31, 2018 ("Term"), unless extended upon mutual written agreement by the s parties. 6 2. City responsibilities. For the period January 1,2018 through June 30,2018,City agrees 7 to pay Authority the amount designated in Exhibit A, attached hereto and incorporated by this reference, 8 and will continue to participate as a member of OCTAP. For the period July 1, 2018 through 9 December 31, 2018, City agrees to pay Authority the amount designated in Exhibit B, attached hereto 10 and incorporated by this reference, and will continue to participate as a member of OCTAP. 11 3. Payment. City agrees to pay Authority within thirty(30)days of receipt of an invoice from 12 Authority. 13 4. Authority responsibilities. Based upon the condition that City makes the payment to 14 Authority referenced in Paragraph 3,Authority agrees to continue to administer OCTAP on behalf of City 15 through the Term of this Agreement at the level allowed by available funding. 16 5. Termination. Should Assembly Bill 1069 (2017) or similar legislation pass and become 17 effective during the Term of the Agreement, the Authority reserves the right to terminate the Agreement. 18 If so terminated, the parties agree to meet and confer regarding any unexpended funds provided by City 19 pursuant to the Agreement. 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 2 of 3 e 24 County that the Authority will withdraw as the OCTAP administrative agency. 25 WHEREAS, the cities and County have requested, and the Authority has agreed, to continue 26 administration of the OCTAP program on behalf of the Orange County cities and the County upon receipt Page 1 of 3 Rev Date:3/6/2018 e they have met and conferred on the language of the medical/financial/employment releases to be used under this Agreement. If said releases cause undue delay and/or unforeseen adverse impact(s) to the City and/or the HBPOA and/or its members, then either party may request a meet and confer regarding said under delay and/or adverse impact(s). The parties shall meet and confer within 30 days of a party's request to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney's fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney's fees for doctor's depositions. HBPOA MOU October 1,2017 through December 31,2019 50 ys of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 AGREEMENT NO. C-8-1818 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth 2 above. 3 CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 4 5 By _v ac �2"r Gilbert arcia p, _ Pia Ve apen 4 Chief Financial Officer Man er, Contracts and Procurement 7 APPROVED AST O 8 9 By J es M. onich 11eneral Counsel 12 13 14 APPROVED 15 By. ICHAEL E.GA 16 CITY ATTORNEYS fit/ OF HUNTINGTON BEACH l7 18 19 20 21 22 23 24 25 26 Page 3 of 3 Tv he City Council of the City of Huntington Beach, California AGREEMENT NO.C-8-1818 EXHIBIT A ORANGE COUNTY TAXI ADMINISTRATION PROGRAM JULY 1, 2018 -JUNE 30, 2018 2016 Population Funding Cost Recovery City or Trips Share Based on Funding Share Aliso Viejo 50,509 1.52% $ 2,535.40 Anaheim 358,136 10.78% $ 17,977.34 Brea 43,710 1.32% $ 2,194.11 Buena Park 83,347 2.51% $ 4,183.77 Costa Mesa 114,603 3.45% $ 5,752.72. Cypress 49,743 1.50% $ 2,496.95 Dana Point 33,415 1.01% $ 1,677.33 Fountain Valley 56,714 1.71% $ 2,846.87 Fullerton 142,457 4.29% $ 7,150.91 Garden Grove 177,303 5.34% $ 8,900.07 Huntington,Beach . .. ' 195,212 S 87%:.. .. $ : �:". 9,799:05 Irvine 258,386 7.78% $ 12,970.19 Laguna Beach 23,617 0.71% $ 1,185.50 Laguna Hills 30,681 0.92% $ 1,540.09 Laguna Niguel 66,142 1.99% $ 3,320.13 Laguna Woods 16,213 0.49% $ 813.84 La Habra 62,064 1.87% $ 3,115.42 Lake Forest 83,910 2.53% $ 4,212.03 La Palma 16,057 0.48% $ 806.01 Los Alamitos 11,738 0.35% $ 589.21 Mission Viejo 96,701 2.91% $ 4,854.10 Newport Beach 84,270 2.54% $ 4,230.10 Orange 141,420 4.26% $ 7,098.85 Placentia 52,263 1.57% $ 2,623.44 Rancho Santa Margarita 48,516 1.46% $ 2,435.36 San Clemente 66,245 1.99% $ 3,325.30 San Juan Capistrano 36,085 1.09% $ 1,811.36 Santa Ana 342,930 10.32% $ 17,214.04 Seal Beach 25,078 0.75% $ 1,258.84 Stanton 39,751 1.20% $ 1,995.38 Tustin 82,717 2.49% $ 4,152.14 Villa Park 5,948 0.18% $ 298.57 Westminster 94,073 2.83% $ 4,722.18 Yorba Linda 67,637 2.04% $ 3,395.17 County of Orange(includes JWA)* 265,320 7.98% $ 13,318.25 TOTALS 3,322,911 100% $ 166,800.00 st to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney's fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney's fees for doctor's depositions. HBPOA MOU October 1,2017 through December 31,2019 50 ys of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49 ESTIMATED COST ALLOCATION AGREEMENT NO.C-8-1818 ORANGE COUNTY TAXI ADMINISTRATION PROGRAM EXHIBIT B JULY 1, 2018 - DECEMBER 31, 2018 2018 Cost Recovery CityPopulation Funding Based on Funding Share or Trips Share** Aliso Viejo 51,950 1.59% $ 2,367.24 Anaheim 357,084 10.95% $ 16,271.50 Brea 44,890 1.38% $ 2,045.53 Buena Park 83,995 2.58% $ 3,827.46 Costa Mesa 115,296 3.54% $ 5,253.77 Cypress 49,978 1.53% $ 2,277.38 Dana Point 34,071 1.04% $ 1,552.54 Fountain Valley 56,920 1,75%0 $ 2,593.71 Fullerton 144,214 4.42% $ 6,571.50 Garden Grove 176,896 5.42% $ 8,060.74 Huntington Beach 202,648 6.21% $ . 9,234.20. Irvine 276,176 8.47% $ 12,584.70 Laguna Beach 23,309 0.71% $ 1,062.14 Laguna Hills 31,818 0.98% $ 1,449.87 Laguna Niguel 65,377 2.00% $ 2,979.08 Laguna Woods 16,597 0.51% $ 756.29 La Habra 62,850 1.93% $ 2,863.93 Lake Forest 84,845 2.60% $ 3,866.19 Mission Viejo (Not in OCTAP) $ - La Palma 15,948 0.49% $ 726.71 Los Alamitos 11,863 0.36% $ 540.57. Newport Beach 87,182 2.67% $ 3,972.68 Orange 141,942 4.35% $ 6,467.97 Placentia 52,755 1.62% $ 2,403.92 Rancho Santa Margarita 49,329 1.51% $ 2,247.81 San Clemente 65,543 2.01% $ 2,986.64 San Juan Capistrano 36,759 1.13% $ 1,675.02 Santa Ana 338,247 10.37% $ 15,413.14 Seal Beach 25,984 0.80% $ 1,184.03 Stanton 39,470 1.21% $ 1,798.56 Tustin 82,344 2.53% $ 3,752.23" Villa Park 5,951 0.18% $ 271.17 Westminster 94,476 2.90% $ 4,305.05 Yorba Linda 69,121 2.12% $ 3,149.68 County of Orange (includes JWA)* 265,320 8.14% $ 12,090.02 TOTALS 3,261,148 100% $ 148,603.00 * Based on trips not population ** Costs are estimated, may adjust slighlty 6/13/18 $ 298.57 Westminster 94,073 2.83% $ 4,722.18 Yorba Linda 67,637 2.04% $ 3,395.17 County of Orange(includes JWA)* 265,320 7.98% $ 13,318.25 TOTALS 3,322,911 100% $ 166,800.00 st to meet and confer. C. Employees shall cooperate in providing a statement. D. This Agreement does not preclude a formal deposition of the applicant or the physician when necessary. Attorney's fees for employee depositions shall be covered by Labor Code section 5710. There will be no attorney's fees for doctor's depositions. HBPOA MOU October 1,2017 through December 31,2019 50 ys of receipt of the written proposal, the addition will be made. In the event there is an objection, the physician will not be added to the list. A physician may only be deleted from the exclusive list of medical providers if he/she breaches the terms and conditions of the contract with the City or by mutual agreement of the parties. HBPOA MOU October 1,2017 through December 31,2019 49 ual agreement of the parties. 151 HBPOA MOU October 1,2017 through December 31,2019 49