HomeMy WebLinkAbout04 AG LAIDLAW TRANSIT 03-05-01AGENDA R%P OR'T
MEETING DATE'
March 5, 2001
,
I I I
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM'
PARKS AND RECREATION SERVICES
SUBJECT:
TRANSIT OPERATIONS AGREEMENT BETWEEN THE CITY AND LAIDLAW
TRANSIT SERVICES, INC. ,
SUMMARY:
The Agreement would provide for the continuation of Senior Transportation Services to the
Tustin Area Senior Center for the congregate meal program. The service provides over 4,500
trips per year.
RECOMMENDATION'
The City Council approve the attached Transit Operations Agreement between the City and
Laidlaw Transit Services, Inc.
FISCAL IMPACT:
OCTA will provide funding to the City to contract with Laidlaw Transit to provide personnel,
management and support services for the operation of the Senior Transportation Program.
Under terms of the Agreement the City will provide two vehicles, fuel and maintenance. The
vehicles were donated by Orange County Transportation Authority (OCTA) and the Feedback
Foundation and were renovated with City resources,
The City's contribution to fund the program will increase in FY 2001/2002 however, the number
of service hours provided will also increase. During FY 2000/2001 the City's contribution will be
approximately $10,000 for 3 hours of service daily while under terms of the proposed agreement
the annual cost will be $14,000 for 5 hours of service per day. The additional hours will
supplement services currently provided at the senior center for transportation to medical
appointments, congregate meals and homebound service provision.
BACKGROUND'
Due to demand for Senior Transportation Services, OCTA and the Area Agency on Aging .(AAA)
have been working to implement alternative strategies to meet those needs. Temporarily, under a
pilot program, OCTA provides transportation services using Laidlaw Transit Services at the Tustin
Area Senior Center.
After the current program ends, OCTA will provide funding only for cities to. contract directly with
service providers. The City recently issued an RFP to solicit qualified vendors to provide Senior
Transportation Services using City owned vehicles. Laidlaw Transit was selected as the most
qualified provider.
Laidlaw Transit Services currently provides transportation services at the Senior Center through a
contract with OCTA. Laidlaw provided the City with a copy of the proposed Insurance Certificate
on the required form and the Certificate has been reviewed and approved by the Risk Manager.
The City Attorney has reviewed the Agreement and has approved it as to form. In order to avoid
any interruption in services staff is requesting that the City Council approve the proposed
ent.
Patrick Sanc ez ~
Parks e~eation
Director, and
Services
Superinten e~l,~¢
Attachment: Transit Operations Agreement between the City of Tustin & Laidlaw Transit
LAIDLAWCC
City of Tustin/Laidlaw Transit Services, Inc.
TRANSIT.OPERATIONS AGREE NT
TI-]/S AGREEMENT is made this day of .., 2001 by and between the
City of Tustin, hereinafter referred to as "City" and Laidlaw Transit Services, Inc. a Delaware
Corporation hereinafter referred to as "Contractor".
WITNESSETH:
WHX;REAS, on September 20, 2000 the City of Tustin solicited proposals for the operation of
public transportation services; and
WHEREAS, Contractor submitted a proposal dated November 1, 2000 responsive to the Request
for Proposals (RFP) to provide such services in the method and manner and the costs set forth in
the proposal; and
WHEREAS, City has determined that Contractor has the management and technical personnel,
expertise and other useful assets of sufficient quantity and quality to provide Tustin with public
transportation services; and
WHEREAS, the subject RFP is attached to this agreement as Exhibit A and Contractor's proposal
is attached as Exhibit B and are by this reference made a part of this agreement;
NOW, THEREFORE, in consideration of the foregoing recital and covenants and a~eements of
each of the parties, the parties do agree as follows:
1. PurpOse: City hereby contracts with Contractor to operate and maintain public
transportation services upon the terms and conditions set forth.
,
Term of Agreement.
(a) Initial Term' The initial term of this a~eement shall be from March 1, 2001 through and
including June 30, 2001.
(b) Extension Options: Upon completion of the initial term, City, with approval of contractor,
may extend the term of this agreement on a multiple year, year to year, multiple month or month
to month basis, provided that changes in the terms and conditions of the extension are mutually
agreed upon by both parties, not to exceed two (2) additional years. Any extension of Agreement
shall require a written amendment to the Agreement.
3. Scope of Work. Contractor will provide the services to be rendered as .set forth in Exhibit
A, "Request for Proposals".
4. Maximum Obligation. City agrees to pay Contractor in consideration for its se~ices as
described herein. The maximum cost to be paid by the City to Contractor shall not exceed
$22,823 during the initial term.
Transit Agreement
City of Tustin/Laidlaw Transit Services, Inc.
o
Price Formula. City agrees to pay Contractor for performance of the services set forth in
this agreement as follows'
(a) Payment of fixed hourly rate per billable service hour of $19.81 in the initial term.
Billable service hours shall be defined as each hour a vehicle is available for passenger
transportation of' Tustin Senior Transportation within the span of service hours set forth
by the City, less deadhead as defined on page 2 of City's RFP.
(b) Payment ora fixed monthly rate of $1,735.26 in the initial term.
(c) The Contractor or the City may request immediate renegotiation of rates contained herein
in the event of the following occurrence during the term of this Agreement or any
extensions thereof:
(cl) An increase or decrease in the cost of fuel, including taxes of 10% or more during
any 12 month period.
(c2) An increase or decrease in the mandated minimum wages or payroll taxes of 10%
or more during any 12 month period, applicable to employees of the Contractor that
were unknown to Contractor when it submitted its Bid to the City.
(c3) Changes in laws or regulations adopted by Federal, State, Regional or Local
governmental bodies that result in substantial increases or decreases in Contractor's
operating costs.
(c4) Any increase or decrease in vehicle service hours of 10% or more.
In the event of a Contractor cost increase or decrease as described herein, Contractor shall notify
the City in writing of the cost increase and Contractor and City shall meet to negotiate a change to
Contractor's rates herein. In the event the Contractor and the City cannot reach an A~eement on
a new Contractor rate; the Contractor or City may terminate this Agreement upon ninety (90)
days written notice to the City.
The City shall provide the vehicles to be used for the services hereunder, including the vehicle's
registration, fuel and maintenance. Additionally the City shall provide marketing, tickets, passes,
brochures, and related materials. Compensation for these items shall not be included in the
hourly rate as defined above in Paragraph 5 (a).
6. Invoices. Contractor shall submit an invoice to the City for services provided as follows:
All hourly costs and monthly fixed rate shall be invoiced to the City monthly following the
service month provided. Said invoices shall specify the dates of service and the number of
vehicle service hours claimed. Hourly costs shall be directly traceable to the dispatcher and/or
driver trip sheets and/or employee time cards, copies of which shall be submitted to the City
monthly with each invoice.
7. Payment. All payments by the City to Contractor shall be made in arrears..Payments
shall be made by the City no more thm~ thirty, (30) days from the city's 'receipt of an invoice.
Payment of invoices will be made on a monthly basis. If the CiD' disputes any item on an invoice
for a reasonable cause, the City may deduct that disputed item from the payment, but shall not
delay payment for the undisputed portions. The muounts and reasons for such deletions shall be
documented to Contractor within fifteen (15) working days of the receipt by the CID'. The city
Transit Agreement
City of Tustin~aidlaw Transit Services, Inc.
shall assign a sequential reference number to each such deletion. 'Payments shall be by voucher
or check payable and mailed first class to:
Laidlaw Transit Services, Inc.
FILE #73286
P.O. Box 60000
San Francisco, CA 94161-3286
8. Operating Revenue. All operating revenues collected by Contractor are the
property of the City. Operating revenues include, but are not limited to, fares, extra services,
sales of tickets and passes. They shall be counted and kept separately under appropriate security.
All operating revenue collected by the Contractor will be deducted from the monthly statement
and invoice for payment.
9. Extra Services. Contractor will provide extra Services and promotional services upon
prior written authorization by the City as follows'
(a) When extra services fall entirely within normal service hours and the City directs that normal
operating personnel should be used to provide the extra sen, ices, such service will be provided at
the regular cost as defined in the "Price Formula", but at the expense of a lower level of'service
for normal operations. Such services are considered part of this agreement.
(b) Extra Services outside normal operating hours and extra services within but in addition to
normal operation shall be considered a change to this agreement as defined under "changes", and
shall be in excess of the maximum price defined in the "Maximum Obligation." The costs will-be
determined on an individual trip basis at a regular hourly rate of $36.43 and billed separately
from the contract. The hourly rate will be billed from gate-to-gate. A minimum of 3 hours will be
billed for every extra service provided.
10. Control.
(a) Ail services to be rendered by Contractor under this a~eement shall be subject to the control
of the City. Contractor shall advise the City of matters of importance and make recommendations
when appropriate; however, final authority shall rest with City.
(b) The City shall not interfere with the management of Contractor's normal internal business
affairs and shall not attempt to directly discipline or terminate Contractor employees. The City
may advise Contractor of muy employee's inadequate performance that has a negative effect on
the service being provided, or on maintenance to vehicles.
11. Management. During the term of this agreement Contractor shall provide sufficient
executive and administrative personnel as shall be necessary..' and required to perform its duties
and obligations under the terms of the agreement.
12. Medical Assistance to Passengers. Contractor's employees shall not be required to
perform any medical or quasi-medical functions for passengers. In the event of illness or accident
on board a vehicle, the driver shall advise the dispatcher by radio. The dispatcher shall check
with qualified personnel for appropriate action and shall report back to the driver. The driver
may vacate his/her route if it is necessary to proceed to a medical faciliD, for help, either before or
Transit Agreement
City of Tustin/Laidlaw Transit Services, inc.
after receiving advice. Any actions or judgment on behalf of the employees shall be the
responsibility of the Contractor and not the City.
13. Uniforms. Contractor shall purchase uniforms for employees and shall require the
employees to wear them. The design, type and logo of the uniform shall be subject to City
approval. Uniforms shall include, but not be limited to, shirts, and pants, all employees of
Contractor conducting work under this agreement shall be required to maintain a neat and clean
appearance.
14. Contractor Assignment. This .agreement shall not be sold, assigned, transferred,
conveyed or encumbered by Contractor without the prior written consent of the City. Contractor
shall not sell or otherwise transfer its interest in this agreement without prior written notification
to the City. Upon receiving such notification from Contractor, the City may, at its sole discretion,
decide to exercise its right to terminate this agreement. Subject to these provisions, the
agreement shall be binding upon the heirs, executors, administrators, successors and assigns of
the respective parties.
15. Qualification for Future Contracts. As a result of having entered into this agreement,
Contractor shall not be inhibited, penalized, or disqualified from submitting proposals for
subsequent transportation management and operation programs under the jurisdiction of the City.
16. Disputes.
(a) Any controversy or claim arising out of or relating to the provisions of this agreement or the
breach thereof, shall be settled by arbitration at the election of either party in accordance with the
Rules of the American Arbitration Association in Orange County and judgment upon the award
rendered by the arbitrators may be entered in any court having jurisdiction thereof. The loosing
party or parties shall bear the cost of any arbitration proceeding or .judicial action commenced
thereunder, such cost to include reasonable arbitrator's fee, attorney's fees incurred by the
prevailing party. '
17. Termination. At any time, and without cause the City and Contractor shall have the right
to terminate this a~eement by giving six~-y (60) days written notice to the other party. In the
event of such termination, the City shall pay Contractor only for services rendered to the effective
date of termination and for all unrecovered start up costs as a result of early termination. If
termination occurs, all data and materials relevant to the operation shall be made available to the
City at no additional cost.
18. City Remedies on Breach. It is agreed that in the event of failure by Contractor to
perform the services required by this agreement, in addition to all other remedies, penalties, and
damages provided by law, the City may provide such services, and deduct the cost of doing so
from the amounts due or to become due to the Contractor.
19. Integrated Agreement. This writing constitutes the entire agreement between the
parties' relative to the subject matter of this agreement, in addition to all other remedies, penalties
and damages provided by law, the City may provide such services, and deduct the cost of doing
so from the amounts due or to become due to the Contractor.
20. Amendment. This Agreement may only be modified by written ag-reement executed by
both parties.
Transit Agreement 4
City of TustinJLaidlaw Transit Services, Inc.
21. Notices. All notices required to be given with respect to this agreement shall be in writing
and mailed first class, postage pre-paid to the persons named below'
If to Contractor:
Laidlaw Transit Services, Inc.
Attention' Mr. Irwin Rosenberg
15260 Ventura Boulevard, Suite 1050
Sherman Oaks, California 91403
If to City:
City of Tustin
Attention' Director, Parks & Recreation Services
300 Centennial Way
Tustin, California 92780
22. Proprietary Rights. All inventions, improvements, discoveries, proprietary rights,
patents, and copyrights made by Contractor under this agreement shall be available to the City
with no royalties, charges, .or other costs, but shall be owned by Contractor. All manuals
prepared by Contractor for use by Contractor in other locales shall be made available to the City
at no charge but shall be owned by Contractor and shall not be disclosed, or released by the City
without prior written consent of Contractor. Reports and manuals prepared by Contractor under
this agreement for specific use in the City transit system shall become the property of the City.
Contractor, however, shall have the right to print and issue copies of these reports. Contractor
may make presentations and releases relating to the project. Papers and other form publications
shall have the right to print and issue copies of these reports. Contractor may make presentations
and releases relating to the project. Papers and other .formal publications shall be approved by the
City prior to release.
23. Force Majeure. Contractor shall not be held responsible for losses, failure to perform, or
excess costs by events beyond the control of Contractor. Such events may include, but not
restricted to the following; Acts of God, fire, epidemics, earthquake, flood, or other natural
disaster; riots, strikes, war or other civil disorders. In every case, Contractors shall resume
performance at the earliest possible date following the eessation of such unforeseen causes or
events. Contractor shall be entitled to no compensation for any service, the performance of which
is excused, pursuant to this paragraph.
24. Information and Documents. All information, data, reports, records, maps, survey
results as are existing available and necessary for carrying out the work under this agreement,
shall be furnished to Contractor without charge by the Ci~; and the City shall cooperate in every
way possible in the carrying out of the work without undue delay.
25. Emergency Procedures. In the event of a major emergency such as an earthquake, flood,
or manmade catastrophe, Contractor shall make transportation and communication resources
available to the degree possible for emergency assistance. If the normal line of direct authority
from the City is intact. Contractor shall follow instruction of the city. 2If the normal line of direct
authority is broken, and for the period it is broken, Contractor shall make best use of
transportation resources following to the de~ee possible the direction of the City of Tustin, the
Orange County Office of Emergency Services, and/or the police or fire department which appears
Transit Agreement
City of Tustin/Laidlaw Transit Services, Inc.
to have assumed responsibility within the service area. Emergency uses of transportation may
include evacuation, transportation of injured, and movement of people to food and shelter.
Contractor shall be reimbursed in accordance with the normal "Price Formula" and "Payment" or,
if the normal method does not cover the types of emergency services involved, then on the basis
of fair, equitable, and prompt reimbursement or Contractor's actual costs. Reimbursement for
such major emergency services shall be over and above "Maximum Obligation" of this contract.
Immediately when the emergency condition ceases, Contractors shall reinstate normal
transportation services.
26. Audit and Inspection. Contractor shall permit the authorized representative of' the City,
the U.S. Department of Transportation, the Comptroller General of the United State Controller's
office to inspect and audit all data and records of the Contractor relating to performance under
this agreement. Further, Contractor agrees to maintain all required records for at least three years
after the City makes final payments and all other pending matters are closed.
27. Transportation Data Reporting. Contractor shall report operating and financial data to
the City in accordance with the California Public Utilities Code, Chapter 4, Section 99243, and
California Administrative Code title 21, Chapter 3, Subchapter 2.as required under California
Transportation Development Act, and, if applicable, with Level "C" of the Uniform Financial
Accounting and Reporting Elements (FARE) as required under Section 15 o.f the Urban Mass
Transportation Act of 1964 as amended.
28. Permits and Licenses. At its sole cost and expense, Contractor shall obtain any and all
permits, licenses, certificates, or entitlements to operate as are now or hereafter required by any
agency, specifically including the California Public Utilities Commission, the CHP and local
jurisdictions, to enable the Contractor to perform this agreement, and shall provide copies of all
such entitlement to the City when received by Contractor. In the event that any aspect of this
agreement requires prior approval by the PUC, the Contractor shall submit necessary application
forms. Both parties shall appear as necessary and cooperate in the commission approval process.
The City reserves the right to oppose support or be neutral on any such request and the PUC's
ruling thereon. When and if applicable. City shall directly pay for all costs associated with
licensing and certification for General Public Paratransit Vehicle (GPPV) requirements.
29. Nondiscrimination.
(a) In connection with the execution of this agreement, Contractor shall not discriminate against
any employee or applicant for employment because of race, religion, color, sex, age or national
origin. The Contractor 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,
age, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or trm~sfer, recruitment or recruitment advertising, layoff or
terminations, rates or pay or other forms of compensation, and selection of training, including
apprenticeship. Contractor further agrees to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials.
(b) Contractor shall also comply with the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-3 52) and. with all applicable regulations, statutes, laws, etc., promulgated pursuant to the
civil rights act of the state and federal government now in existence or hereafter enacted. Further,
Contractor shall also comply with the provisions of Section 1735 of the California Labor Code.
Transit Agreement 6
City of Tustin/Laidlaw Transit Services, Inc.
30. Insurance. Contractor shall at its sole cost and expense, for the full term of the
agreement, shall obtain and maintain at minimum all of the following insurance coverages;
(a) Types of Insurance and Minimum Limits. The coverage may be satisfied by any combination
of specific liability and excess liability policies.
(1) Worker's Compensation and Employee Liability Insurance in conformance
with the laws of the State of California for the statutory limits.
Vehicle Insurance, including owned, non-owned (e.g. used by Contractor's
employees in the course and scope of employment), in the minimum amount
of One Million Dollars ($1,000,000.00) combined single limit per accident
for bodily injury and property damage.
(3)
Comprehensive or commercial General Liability Insurance coverage which
shall include, but not be limited to, coverage for premises operation,
explosion and collapse hazard, underground hazards, contractual insurance,
broad form property damage, independent contractors, and personal injury
liability. The limit of such insurance shall be at least One Million Dollars
($1,000,000.00) combined single limit liability for personal injury and
property damage.
(4)
The City may, by resolution, from time to time. Reasonably increase said
insurance to the amounts which other contractors doing business in a
manner similar to the Contractor and operating in the jurisdiction of the City
are required to provide so long as said increased coverage is reasonably
available. Any increased costs required for an increase in the liability limits
will be reimbursed by the City if reasonably justified by the Contractor.
(b) The City and its officers and employees shall be named as addition insured by endorsement
(except worker's compensation) at no cost to the City.
(c) Prior to providing services under the A~eement, Contractor shall furnish proof to the
City that satisfactory policies of insurance described above are in place issued by companies
licensed in California rated Grade "A" or better and Class VII or better by the latest edition of
Best' s Key Ratina Guide, except for worker's compensation for which a Grade "B" is acceptable.
(d) All insurance policies shall provide that in the event of material change, reduction,
cancellation, or non-renewal by the insurance carrier for any reason, not less than thirty (30) day
notice will be given to the City by registered mail of'one (1) copy of a written notice of such
intent to cancel or not renew the coverage are in force. If for any reason Contractor fails to obtain
or keep insurance in force, the City may, but shall not be required to, obtain such insurance, in
which event Contractor shall promptly reimburse the City's premium cost therefore plus one and
one-half percent (1 ~/2 %) monthly interest thereon until paid.
(e) In the case of damage or destruction of any vehicle or vehicles provided by the CiD, under the
terms of this agreement, the City agrees that liability of Contractor for said damage or destruction
shall be limited to the appraised fair market value of the vehicle(s) at the time of loss. Contractor
and the City agree that he appraised fair market value shall be the value established by the
insurance carrier providing the collision and comprehensive physical damage coverage required
under this para~aph or such other appraiser as mutually agreed upon.
Transit Agreement 7
~ty of Tustin/Laidlaw Transit Services,
(f) In the event that an addition, deletion, or acquisition of new vehicles by the City changes the
vehicle fleet listed in the Scope of Work, the compensation paid to Contractor for purposes of
maintaining liability and physical damage coverage on said vehicles shall be adjusted
immediately to reflect the adjusted actual premium.
31. Indemnification. Contractor shall defend and hold City, its governing board, officers,
agents, and employees from and against every liability, claim or demand (including costs of suit,
attorney's fees and all other related costs and expenses of whatever kind or character), which may
be made by any person firm or corporation, or other entity arising from or caused by any act,
neglect, default or omission of Contractor in the performance of this agreement, except to the
extent that such claim or demand arises from or is caused by the negligence or willful misconduct
of City, its governing board, officers, agents or employees.
To the extent permitted by law, City shall defend and hold Contractor, its officers, employees,
agents, successors and assigns hannless and does hereby indemnify Contractor, its officers,
employees, agents, successors and assigns from and against every liability, claim or demand
(including costs of suit, attorney's fees and all other related costs and expenses of whatever kind
or character) which may be made by any person, firm, corporation or other entity arising from or
caused by any act, neglect, default, or omission of City, its governing board, officers, employees,
or agents, except to the extent that such claim or demand arises from or is caused by negligence
or willful misconduct of Contractor, its officers, employees, agents, successors or assigns.
32.
Disadvantaged Business Enterprise.
(a) It is the policy of the U.S. Department of Transportation that Disadvantaged Business
Enterprises (DBE) as defined in 49 CER Part 23, shall have the maximum opportunity to
participate in the perfmxnance of contracts financed in whole or in part with federal funds under
this agreement. Consequently~ the DBE requirements of 49 CFR Part 23 applies to this
agreement.
(b) Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR
part 23 have the maximum opportunity to participate in the performance of contracts. Contractor
and its subcontractors shall not discriminate on the basis of race, creed, national origin, or sex in
the award and performance of federal-assisted contracts.
(c) Contractor shall cooperate fully with the City in meeting any of the City's commitments and
goals with regard to the maximum utilization of disadvantaged business enterprises. Contractor
shall keep records of DBE participation in all activities earned out pursuant to this agreement, and
shall report to the City all such participation and efforts made to encourage DBE participation as
required by the City.
33. Conservation. Contractor shall recognize mandatory stm~dards and policies relation to
energy efficiency which are contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (42 RSC Section 6321 et. seq.).
34. Interest of Members of or Delegates to Congress. In accordance with 18 USC, Section
431, no member of, or delegate to the Congress of the United States shall be admitted to any
share or part of this agreement or to any benefit m-ising therefi'om.
Transit Agreement 8
City of Tustin/Laidiaw Transit Services, Inc.
35. Conflict of Interest. No Board member, officer or employee of the City during his/her
tenure or one-year thereafter, or during the length of the initial agreement term, shall have any
interest, direct or indirect, in this contract or the proceeds thereof.
36. Clean Air and Water Acts. Contractor agrees to comply with all applicable standards,
orders, or requirements issued under Section 306 of the Clean Air Act 42 USC 1857 (11), Section
50-8 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental
Protection Agency regulation (40 CFR, Part IS) which prohibit the use under nonexempt Federal
contracts, grants, or loans, of facilities included on the EPA list for Violating Facilities.
Contractor shall report violations to UMTA and to the USEPA Assistant Administration for
Enforcement (ENO329).
37. Debarred Bidders. The Contractor, including any of its officer or holders of a
controlling interest is obligated to inform the City whether or not is or has been on any debarred
bidders' list maintained by the United States Government. Should the Contractor be included on
such a list during the performance of this project, he/she shall so inform the City.
38. Conflict of Transportation Interests. Contractor shall not divert any revenues,
passengers, or other business from the City project to any taxi or other transportation operation o£
Contractor.
39.
Independent Contractor.
(a) Neither of the parties hereunder shall be deemed to be the agent, employee, partner, or'joint
venture of the other. Contractor is and should be an independent Contractor performing service
under this agreement' for the consideration hereinabove set forth.
(b) Contractor's employees shall at all times be and remain the sole employees of Contractor, and
Contractor shall be solely responsible for payment of all employee's wages and benefits.
Contractor, without any cost or expense to the City shall faithfully comply with the requirements
of all applicable State and Federal enactment with respect to employer's liabiliB', worker's
compensation, unemployment insurance and other forms of Social Security, and also with respect
to withholding or income tax at its source from wages and said employee and shall indemnify and
hold harmless the City from and against any and all liability, damages, claims, costs and expenses
of whatever nature arising from alleged violation of such enactment or from any claims, or
subrogation provided for in such enactment or otherwise.
(c) This agreement does not constitute a contract of employment between the City and Contractor
or any agents, officers, or employees of Contractor. After the expiration or termination of this
a~eement Contractor's successor shall be permitted to hire any Contractor employee previously
employed on this program. At that time, in hiring a Contractor employee or a former Contractor
employee, the City shall insure and require that such employment process fairly treat former
Contractor employees as members of the general public with no discrimination, no waiver of job
advertising, no consideration of employee's seniority with Contractor and no other privilege
different from that accorded to members of the general public.
40. Conflicting Use. Contractor shall not use an), vehicle, equipment, personnel or other
facilities which are dedicated to the City for performing services under this agreement for any use
whatsoever other than provided for in this a~eement without the prior approval of the City.
Transit Agreement 9
,~ity of Tustin/Laidlaw Transit Services,
41. California Law Governs. This Agreement is made in Orange County California and
shall be interpreted in accordance with California Law.
42. Severability. If any court of competent jurisdiction holds any provisions of this
agreement invalid or unconstitutional, such decision shall have no effect on the validity of the
remaining provisions shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and
through their respective officers thereunto duly authorized on the date noted above.
CITY OF TUSTIN
Tracy Wills Worley, Mayor
LAI ~,~iCES, ,,INC.
Irwi~"'R0senbe~~, 'ea Vice President
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM
Lois E. Jeffrey, City Attorney
Trm~sit Agreement 10