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17-0927_ORANGE COUNTY TRANSPORTATION AUTHORITY_Transmittal from OCTAOCTA BOARD OF DIRECTORS September 26, 2017 Michael Hennessey Chairman Lisa A. Bartlett Ken AWmam Vice Chair Finance Director Laurie Davies City of San Juan Capistrano Director 32400 Paseo Adelanto Barbara Delgleize San Juan Capistrano California 92675 Director Andrew Do Director SUBJECT: FUNDING AGREEMENT NO. C-7-1983 Lori Donchak Director Orange County Taxi Administration Program Steve Jones Director Dear Mr. Al -Imam, Mark A Murphy Director Enclosed is one (1) original document for Agreement No. C-7-1983 for your review Richard Murphy and signature. Director Al Murray Please sign the document in blue ink where indicated and return to Director Georgia Martinez by Tuesday, October 3, 2017. A copy of the fully -executed Shawn Nelson agreement will then be provided to you for your records. Director Miguel Director Should you have any questions, please contact Ms. Martinez at (714) 560-5605. Director Tim Shaw Director Sincerely, Todd Spitzer Director o n 4 Michelle Steel Director Tom Tait Cathy Foreman Director Office Specialist Gregory T. Winterbottom Contracts Administration and Materials Management Director Ryan Chamberlain Enclosures Ex -Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560 -OCTA (6282) OCTA BOARD OF DIRECTORS September 26, 2017 Michael Hennessey Chairman Lisa A. Bartlett Ken AI -Imam Vice Chair Finance Director Laurie Davies City of San Juan Capistrano Director 32400 Paseo Adelanto Barbara Delgleize San Juan Capistrano, California 92675 Director Andrew Do Dear Mr. AI -Imam: Director Lori Donchak Director As you may know, the Orange County Transportation Authority (OCTA) has been working with the Orange County City Managers Association (OCCMA) on the Steve Jones Director continued operation of the Orange County Taxi Administration Program Mark A. Murphy (OCTAP). Enclosed along with this letter is an agreement for your agency to Director provide funding and an invoice for OCTAP services. Given that this issue is not Richard Murphy well known and invoicing for OCTAP is new, an explanation is provided that Director hopefully is useful. At Murray Director Many may not realize that OCTA administers OCTAP on behalf of Shawn Nelson Orange County cities and the County of Orange. OCTAP was created in 1998 to Director consolidate the licensing, application and administrative functions to assist Miguel do Director Director Orange County cities in meeting their requirements set forth in Government Code Section 53075.5 and Vehicle Code Section 21100, et seq. At that time, OCTA Tim Shaw Director Iwas selected by the cities to provide staff and administrative services necessary Todd Spitzer to permit taxi operations and enforce OCTAP Regulations adopted by the cities Director and the County. Michelle Steel Director Since its inception, OCTAP has been funded entirely though permit and license Tom Tait fees. However, with the arrival of Transportation Network Companies (TNCs) Director such as Uber, Lyft and others, the marketplace has greatly reduced the number Gregory T. Winterbottom of taxi permits in the county, which, in turn, has created a financially Director unsustainable condition for the continuation of OCTAP as currently funded. Ryan Chamberlain Ex -Officio Member To address this issue, OCTA has been working through the OCCMA as well as the OCTAP Steering Committee (which includes taxi providers as well as CHIEF EXECUTIVE OFFICE member agency representatives) since spring of 2016 to come up with both short - Darrell Johnson and long-term solutions. Chief Executive Officer The cost to administer OCTAP for fiscal year 2017-18 will exceed expected revenues and OCTAP will only have enough funding to operate through December 2017. In May of 2017, the OCCMA decided that it was in the best Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560 -OCTA (6282) City of San Juan Capistrano September 26, 2017 Page 2 interest for member agencies to fund the shortfall to allow for OCTA to administer OCTAP at least through June 2018 while a long—term solution is identified. It is expected that the amount needed to fully fund OCTAP operations beyond December 31, 2017, through June 30, 2018 is approximately $166,800. The estimated cost for each agency, based on population, is attached for your reference. It is widely believed that OCTAP is an effective model that delivers efficiencies benefitting all member agencies. However, due to the changing marketplace with taxis and TNCs, and the fact that OCTA has no legal requirement to regulate taxis, further administration of OCTAP by OCTA beyond June 30, 2018, may not be an option. The future of OCTAP will be the focus of OCTA and OCCMA discussions over the next six months. As always, local agency input is constructive and welcomed. Thank you for your attention to this matter and please do not hesitate to contact me at (714) 560-5570 or dsimpsonPocta_.net with any questions. Sincerely, r Dave Simpson Manager, Regional Initiatives DS:ds c: OCCMA OCTAP Ad Hoc Committee Members OCTAP Steering Committee City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FUNDING AGREEMENT NO. C-7-1983 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN JUAN CAPISTRANO FOR ORANGE COUNTY TAXI ADMINISTRATION PROGRAM THIS FUNDING AGREEMENT (the "Agreement") is effective this _ day of , 2017, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, CA 92863-1584, a public corporation of the State of California (hereinafter referred to as "Authority"), and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, a municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "City") each individually known as "Party" and collectively known as "Parties". WITNESSETH: WHEREAS, the Orange County Taxi Administration Program ("OCTAP") is a voluntary association of Orange County cities and the County of Orange ("County"), including City, which have delegated the issuance of taxicab vehicle licenses and driver permits and other administrative functions to the Authority; and WHEREAS, the City agreed to participate in OCTAP in order to increase public safety, reduce administrative costs, and expand the provision of private transportation service in Orange County; and WHEREAS, the Authority provides staff and administrative services necessary to implement the OCTAP rules and regulations. The City retains all responsibility for taxicab regulation and enforcement within its borders; and WHEREAS, the Authority collects permit fees to offset the costs of administering the program. Due to the declining revenues from permit fees, however, the Authority determined it is unsustainable for Page 1 of 3 Last Rev: 9/20/2017 AGREEMENT NO. C-7-1983 1 OCTAP to continue as funded and therefore provided the requisite 12 -month notice to all cities and the 2 County that the Authority will withdraw as the OCTAP administrative agency; and 3 WHEREAS, the Orange County cities and County have requested, and the Authority has agreed, 4 to continue administration of the OCTAP program on behalf of the Orange County cities and the County 5 upon receipt of funding from each city and the County, including City; 6 NOW, THEREFORE, it is mutually understood and agreed by Authority and City as follows: 7 1. Term. This Agreement shall remain in full force and effect until June 30, 2018 ("Term"), 8 unless extended upon mutual written agreement by the Parties. 9 2. City responsibilities. City agrees to pay Authority the amount designated in Exhibit A, 10 attached hereto and incorporated by this reference, and will continue to participate as a member of 11 OCTAP. 12 3. Payment. City agrees to pay Authority within thirty (30) days of receipt of an invoice from 13 Authority. 14 4. Authority responsibilities. Based upon the condition that City makes the payment to 15 Authority referenced in Paragraph 3, Authority agrees to continue to administer OCTAP on behalf of City 16 through the Term of this Agreement at the level allowed by available funding. 17 5. Termination. Should Assembly Bill 1069 (2017) or similar legislation pass and become 18 effective during the Term of the Agreement, the Authority reserves the right to terminate the Agreement. 19 If so terminated, the Parties agree to meet and confer regarding any unexpended funds provided by City 20 pursuant to the Agreement. 21 / 22 / 23 / 24 / 25 / 26 / Page 2of3 1 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 AGREEMENT NO. C-7-1983 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. CITY OF SAN JUAN CAPISTRANO By. r `- Ken AI -Imam Finance Director ORANGE COUNTY TRANSPORTATION AUTHORITY By: Virginia Abadessa Director, Contracts Administration and Materials Management Page 3 of 3 FUNDING AGREEMENT NO. C-7-1983 EXHIBIT A Orange County Taxi Administration Program Member Agency Contributions Fiscal Year 2017-18 City 2016 Population or Trips Funding Share Cost Recovery 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 5.87% $ 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% $ 171214.04 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% T 166,800.00 OCTA AFFILIATED AGENCIES: Orange County Transit. Local Transportation Authority. Service Authority for Freeway Emergencies. Service Authority for Abandoned Vehicles. Consolidated Transportation Service Agency. Congestion Management Agency 550 SOUTH MAIN STREET ORANGE, CA 92863-1584 (714)560-5730 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DESCRIPTION OCTAP CONTRIBUTION FOR FY 17-18 PURSUANT TO AGREEMENT NO. C-7-1983 QUESTIONS? PLEASE CALL SUE ZUHLKE (714)560-5574 PLEASE REMIT PAYMENT TO: OCTA - ACCTG DEPT P.O. BOX 14184 ORANGE, CA 92863-1584 INVOICE DATE: 09/12/2017 CUSTOMER NO: R02461 INVOICE NO: AR139380 TERM: NET -30 AMOUNT —__..._..... _...... PLEASE PAY THIS AMOUNT $ 1,811.36