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
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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.
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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
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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
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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
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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