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1999-0409_OC TRANSPORTATION AUTHORITY_Inter-Agency AgreementORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) INTER -AGENCY AGREEMENT This ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) INTER- AGENCY AGREEMENT ("Agreement"), is made and entered into this _J__ day of6jou � 1999, by and between the Orange County Transportation Authority, a California public authority ("OCTA") and the City of San Juan Capistrano, a California general law municipal corporation ("City"). WITNESSETH: WHEREAS, the Orange County Taxi Administration Program ("OCTAP") is a voluntary association of Orange County cities which have delegated the issuance of taxicab vehicle licenses and driver permits and other administrative functions to the Orange County Transportation Authority ("OCTA"): and, WHEREAS, the objective of OCTAP is to increase public safety, reduce administrative costs for the public and private sector, and to expand the provision of private transportation service in Orange County. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: SECTION 1. Mutual Obligations. The parties hereto agree to; A. Participate in the OCTAP with the goal of increasing public safety, reducing administrative costs, and expanding the provision of private transportation service in Orange County. B. Mutually adopt OCTAP Regulations to govern the administration of taxi service within the City. SECTION 2. City's Obligations. The City agrees to; A. Participate as a Member of OCTAP effective upon the effective date of an ordinance adopting a taxi administration program. B. Appoint the City Manager or his/her designee to be a member of the OCTAP Steering Committee and the City's Chief of Police or his/her designee to serve on the OCTAP Public Safety Committee. C. Adopt and enforce a City taxi cab ordinance and regulations consistent with 0 P: OCTAP Regulations, and use such ordinance as the exclusive method of regulating taxi cabs within the City. D. Enforce and if necessary prosecute all violations of the City's taxi cab ordinance and regulations. SECTION 3. OCTA's Obligations. The OCTA agrees to: A. Provide staff and administrative services necessary to implement and enforce the OCTAP regulations. B. Collect license and permit fees to offset administrative costs. SECTION 4. Indemnification. To the fullest extent permitted by law, OCTA and City agree to save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or any injury or damage of any kinds whatsoever, whether actual, alleged or threatened, actual attorney fees, court costs, interest, defense costs and expenses associated therewith including the use of experts, and any other costs of any nature without restriction incurred in relation to, as a consequence or, or arising out of, the performance of this agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this Agreement for the percentage of liability determined as set forth in this section. SECTION 5. Assi mg Hent. The expertise and experience of OCTA are material considerations for this Agreement. The City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon OCTA under this Agreement. In recognition of that interest, OCTA shall not assign or transfer any portion of this Agreement of the performance of any of OCTA's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. SECTION 6. Termination of Aereement. Either party may terminate this Agreement, with or without cause, at any time by giving twelve (12) months written notice to the other party. 2 0 0 SECTION 7. Miscellaneous. (a) Notices. All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or at such other address as the parties may from time to time designate by written notice in the aforesaid manner. To CITY: City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Tel: (949) 443-6317 FAX: (949) 493-1053 To OCTA: Chief Executive Officer OCTA 550 South Main Street P.O. Box 14184 Orange, CA. 92863 Tel: (714) 560-5584 FAX: (714) 560-5790 (b) Authority to Execute. The person or persons executing this Agreement on behalf of OCTA warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind OCTA to the performance of its obligations hereunder. (c) Binding Effect. This Agreement shall be binding upon and inure to the benefit of each party to this Agreement and their respective heirs, administrators, representatives, successors and assigns. (d) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the parties. (e) Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by the City of any work or services by OCTA shall not constitute a waiver of any of the provisions of this Agreement. (f) Law to Govern Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. (g) No Presumption in Drafting. The parties to this Agreement agree that the general rule that an Agreement is to be interpreted against the party drafting it or causing it to be prepared shall not apply. (h) Attorneys' Fees. Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. (i) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. 0) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). (k) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to both parties to this Agreement. IN WITNESS WHEREOF, the City and OCTA have executed this Agreement this '3 day of 1999. ORANGE COUNTY TRANSPORTATION AUTHORITY Chief Executive Officer OF SAN JUAN CAPISTRANO Jo Greiner, Mayor ATTEST: Cheryl Johnso "/City E erk APPROVED AS TO FORM: 2,, John Ahaw, City Attorney 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) December 17, 1998 Son • HIppMG 1961 1776 Mr. Mike Greenwood Orange County Transportation Authority P. O. Box 14184 Orange, California 92863 Re: Orange Countv Taxi Administration Program Dear Mr. Greenwood: MEMBERS OF THE CITY COUNGL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER At their meeting of December 15, 1998, the City Council of the City of San Juan Capistrano took the following actions leading to City participation in the Orange County Taxi Administration Program: Introduced an Ordinance which will amend the City's Municipal Code to provide consistency with the Orange County Taxi Administration Program rules. 940.70 Adopted Resolution No. 98-12-15-8, which approved fees, fares and regulations, as established by the Orange County Transportation Authority. 3. Approved an Inter -Agency Agreement with the Orange County Transportation Authority for the City's participation in the Orange County Taxi Administration Program. The Ordinance is scheduled for adoption at the meeting of January 5, 1999, and a copy of the Agenda and staff report will be forwarded to you prior to that meeting. A copy of Resolution No. 98-12-15-8 is enclosed for your files. Two copies of the agreement have been signed by the City and are enclosed. Upon approval by the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. If you have any questions, please feel free to contact Diane Regier at 443-6304. Ve truly yours, Cheryl John City Clerk Enclosure cc: Yellow Cab Express (with copy of Resolution) Orange County Taxi/Orange County Yellow Cab (with copy of Resolution) Laguna Silver Cab Company (with copy of Resolution) Administrative Services Director (with copy of Resolution/Agreement) Diane Regier (with copy of Resolution/Agreement) San Juan Capistrano: Preserving the Past to Enhance the Future (2%bumps hristine Steelman, 26881 Windsor Drive, also suggested installation of speed and stop signs. She stated that there area lot of walkers and joggers who use ghland Drive and also described her experiences on the road. (3) Do%conha s, 26941 Berkshire Lane, stated that she is a regular jogger in that area andlf of the road has a defined sidewalk. She stated that raising the speed limbe very dangerous. Council Comments: Discussion ensued regar\theation on Highland Drive. Mr. Huber advised that staffwould meet with the resiew the situation regarding special circumstances and report to Council in one hether modifications can be made to the recommended speed limits. Introduction of Ordinance: The City Clerk read the title of the Ordt nce next in order. Further reading of all Ordinances had been waived earlier in the me ing. It was moved by Council Member Campbell, seconded by Council Member Hart that e following Ordinance be introduced: IkL- 1VLA 11f LU lALL101111 V\ J11:L.L L11V 10 ! I VAI\1Vun LOCATIONS - AN ORDINANCE OF THE CIT F SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA CIE SPEED LIMITS AT VARIOUS LOCATIONS BY AMENDING ITLE 4, CHAPTER 6, ARTICLE 5, SECTION 4-6.501 OF THE SA UAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart. Campbell, and Mayor Greiner NOES: None ABSENT: None ADMINISTRATIVE SERVICES DIRECTOR 1. APPROVAL OF AGREEMENT AND REGULATIONS RELATING TO PARTICIPATION IN THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (600.50/940.70) ITN - Written Written Communications: Report dated December 15. 1998, from the Director of Administrative Services, advising that at the request of several Orange County cities, the Orange County Transportation Authority Citv Council Minutes -Io- 12/15/98 0 0 had formed the Orange County Taxi Administration Program to administer taxicab licensing and to establish regulations associated with taxi cab companies. The objective of the Orange County "Taxi Administration Program was to increase public safety, reduce administrative costs for the public and private sector, and to expand the provision of private transportation service in Orange County. In order to participate in the Program, the City must adopt and enforce a taxicab ordinance consistent with the Orange County Taxi Administration Program rules; adopt a resolution approving the fees, fares and regulations established; and, approve an Inter -Agency Agreement. Introduction of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Campbell, seconded by Council Member Jones that the following Ordinance be introduced: AMENDING TITLE 4 OF THE MUNICIPAL CODE - TAXICAB REGULATIONS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO REPEALING CHAPTER 5 OF TITLE OF THE MUNICIPAL CODE, AND ADDING ANEW CHAPTER 5 THERETO, REVISING REGULATIONS APPLICABLE TO THE OPERATION OF TAXICABS WITHIN THE CITY The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None Adoption of Resolution: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution approving fees, fares and regulations be adopted: RESOLUTION NO. 98-12-15-8, APPROVING FEES, FARES AND REGULATIONS - TAXICABS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING ADMINISTRATIVE FEES, RATES OF FARE AND REGULATIONS APPLICABLE TO THE OPERATION OF TAXICABS, AS ESTABLISHED BY THE ORANGE COUNTY TRANSPORTATION AUTHORITY The motion carried by the following vote: City Council Minutes -I I- 12/15/98 0 0 AYES: Council Members Jones. Swerdlin, I fart, Campbell and Mayor Greiner NOES: None ABSENT: None Approval of Agreement: It was moved by Council Member Campbell, seconded by Council Member .Tones and unanimously carried to approve the Inter -Agency Agreement with the Orange County Transportation Authority for the City's participation in the Orange County Taxi Administration Program. The Mayor was authorized to sign the Agreement on behalf of the City. - None a. Council Member Jo es noted that the Finance Committee had met on December 14, 1998, and the report kvould be in the Council slots. b. Council m,;-noer Swerdlin noted t t the facility construction is on schedule. C. Orange Countv Vector Control District "60.50 Council Member Swerdlin advised that the v for of the month is the roof rat. COUNCIL COMMENTS 1. Anniversary Congratulations (610.40) It was moved by Council Member Campbell, seconded by Council ember Hart and unanimously carried to find the item unavailable prior to the publication o e agenda and consideration was necessary at this time. It was moved by Council MembCampbel1. seconded by Council Member Hart and unanimously carried to direct prepar on of a Resolution for Council signatures congratulating Diane Harrison on the occasion of h 25th wedding anniversary. City Council Minutes 12- 12/15/98 0 E AGENDA ITEM December 15, 1998 TO: George Scarborough, City Manager FROM: Cynthia L. Russell, Director of Administrative Services SUBJECT: Consideration of an Ordinance amending Title 4 "Taxicab Regulations", a Resolution approving fees, fares and regulations, and an Inter -Agency Agreement (Orange County Transportation Authority) for participation in the Orange County Taxi Administration Program By motion, (1) introduce the ordinance amending Title 4 "Taxi Regulations", (2) adopt a resolution approving fees, fares and regulations, and (3) approve an Inter -Agency Agreement with OCTA for City participation in the Orange County Taxi Administration Program, and authorize the Mayor to execute the agreement on behalf of the City. SITUATION: In 1997, at the request of several cities, the Orange County Transportation Authority (OCTA) formed the Orange County Taxi Administration Program (OCTAP) to administer the licensing and establish regulations associated with taxi cab companies. The objective of OCTAP is to increase public safety, reduce administrative costs for the public and private sector, and to expand the provision of private transportation service in Orange County. Participation in OCTAP is voluntary and, to date, twenty-four (24) jurisdictions, including most recently Dana Point and San Clemente, have joined the program. The OCTAP program provides consistency in taxi licensing requirements for the member jurisdictions. In addition, participation in OCTAP reduces staff time previously allocated for taxi licensing and administration, as OCTAP screens all cab companies, conducts background checks, vehicle inspections, monitors company compliance with rules and insurance requirements, collects all fees, and provides staff support at the OCTAP quarterly meetings. Participating cities must adopt and enforce a taxicab ordinance (Attachment A) consistent with OCTAP rules, and use the ordinance as the exclusive method of regulating taxicabs within the city. The city must also adopt a resolution (Attachment B) to adopts fees, fares and regulations established by the OCTAP Steering Committee. Upon execution of the OCTA Inter -Agency Agreement (Attachment C), the City Manager, or his designee, will be required to attend quarterly Steering Committee meetings, and the City Police Chief, or his designee, will be required to attend the quarterly OCTAP Public Safety Committee meetings. The three (3) taxicab companies that currently hold city permits in San Juan Capistrano, Laguna Silver Cab, Orange County Taxi/Orange Co. Yellow Cab, and Yellow Cab Express, have obtained permits from OCTAP to service participating cities, therefore, there will be no additional fees imposed on these companies if the city becomes an OCTAP member. These companies are vital to the community as they provide service to seniors who no longer drive and to tourists visiting San Juan Capistrano. FOR CITY COUNCIL AGE /4 a' AGENDA ITEM -2- December 15, 1998 At this time, staff recommends introduction of the ordinance, adoption of the resolution and approval of the Inter -Agency agreement with OCTA for city participation in the Orange County Taxi Administration Program COMMISSIONBOARD REVIEW, RECOMMENDATION: Not Applicable FINANCIAL CONSIDERATIONS: None. NOTIFICATION: Mr. Thomas Philbin (Laguna Silver Cab), Mr. Mahmood Naderi (Orange County Taxi/Orange CO. Yellow Cab), and Mr. Mohamad Chehrzad (Yellow Cab Express). ALTERNATE ACTIONS: (1) Introduce the ordinance amending Title 4 "Taxi Regulations", (2) adopt the resolution approving fees, fares and regulations and (3) approve the Inter -Agency Agreement (Orange County Transportation Authority) for participation in the Orange County Taxi Administration Program. 2. Do not approve City participation in the Orange County Taxi Administration Program. 3. Request additional information from staff. RECOMMENDATION: By motion, (1) introduce the ordinance amending Title 4 "Taxi Regulations", (2) adopt the resolution approving fees, fares and regulations and (3) approve the Inter -Agency Agreement (Orange County Transportation Authority) for city participation in the Orange County Taxi Administration Program and authorize the Mayor to execute the agreement on behalf of the city. Respectfully submitted G"Ca,1.,_ Cyndfia L. Russell CLR:dcr Attachments A. Ordinance B. Resolution C. Inter -Agency Agreement Prepared by, �(� � 04-- lliane C. Regier