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16-004 Royal Coach Tours, Agreement for Contract Services for Charter Bus Servicest,.,o I (o --lf I 2 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND ROYAL COACH TOURS INC. FOR CONTRACTOR SERVICES FOR CHARTER BUS SERVICES THIS AGREEMENT, for reference dated October 29, 2013, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Royal Coach Tours, a California corporation, whose address is 630 Stockton Avenue, San Jose, CA 95126; phone 408.279.4801 (hereinafter referred to as "Contractor"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Contractor is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Contractor desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall have commenced on November 1, 2013, and shall terminate on December 31, 2016, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Contractor shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in as follows: For the perioid of 1111/13-12/31/15 rates are defined in Exhibit Bl. For the period of 111/16-12/31/16 the rates are in Exhibit "B2" which are attached hereto. Total compensation shall not exceed $148, 000. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with those who specialize in this area, including without limitation, the standard under Civil Code Section 2100, and following. All services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, ifrequired, are the responsibility of Contractor. 6. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 7. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS: A Contractor shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. B. Claims for Other Liability. Contractor shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or Contractor's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Contractor shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to Contractor's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 9. INSURANCE: On or before the commencement of the term of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9 A, B, C, D and E. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: 1. Commercial General Liability $5,000,000 per occurrence for bodily injury, personal injury and property damage or $5,000,000 annual aggregate. 2. Automobile Liability $5,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer Liability $1,000,000 combined single As required by the Labor Code of the State of limit per accident California. for bodily injury and property damage. B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to his/her insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to confer with Contractor's insurance broker to determine adequate coverage for Contractor. 10. CONFLICT OF INTEREST: Contractor warrants that it is not a conflict of interest for Contractor to perform the services required by this Agreement. Contractor may be required to fill out a conflict of interest form if the services provided under this Agreement require Contractor to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 11. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, Contractor may not use subcontractors to perform this Agreement. In the event that Contractor employs subcontractors, such subcontractors shall furnish the same insurance as required of Contractor, including without limitation, the obligation that the City is an additional named insured under the policy. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 13. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement, shall be the exclusive property of City. Contractor shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Contractor may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Contractor may be used by City in execution or implementation of: (1) (2) (3) The original Project for which Contractor was hired; Completion of the original Project by others; Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. 14. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 15. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: Senior Center City of Cupertino 21251 Stevens Creek Blvd Cupertino, CA, 95014 Attention: Kim Frey All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Royal Coach Tours Inc. 630 Stockton A venue San Jose, CA, 95126 16. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving thirty (30) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 17. COMPLIANCES: Contractor shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 18. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 19. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 20. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 21. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 22. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONTRACTOR ~ii1~k Date /,P p.P /ts-, CITY OF CUPERTINO A Municipal Corporation By KimFrey Title Recreation Coordinator Date December 18, 2015 RECOMMENDED FOR APPROVAL: (2~ /? T;tfe_,%c,S-~ APPROVED AS TO FORM: ATTEST: .2. 6Nk11'5~111= (-/-t(p City Clerk EXPENDITURE DISTRIBUTION: 100-64-624-600-639 Account Number $148,000 Amount r ;, 1, ~ ... r ~ f \ 1 / 1 L t ~1,o-oD Exhibit "Bl" Royal Coach Rate Chart Mini Bus Full Bus Full Bus Full Bus Type Capacity 24 pax 36 PAX 47/48 PAX 56 PAX First 4 hours $ 431.97 $ 462.82 $ 490.87 $ 539.49 5 hours $ 510.51 $ 546.97 $ 580.12 $ 637.58 6 hours $ 589.05 $ 631.12 $ 669.37 $ 735.67 7 hours $ 667.59 $ 715.27 $ 758.62 $ 833.76 8 hours $ 746.13 $ 799.42 $ 847.87 $ 931.85 9 hours $ 824.67 $ 883.57 $ 937.12 $ 1,029.94 10 hours $ 903.21 $ 967.72 $1,026.37 $ 1,128.03 11 hours $ 981.75 $ 1,051.87 $ 1,115.62 $ 1,226.12 12 hours $ 1,060.29 $1,136.02 $ 1,204.87 $ 1,324.21 Live Mileage $ 3.93 $ 4.21 $ 4.46 $ 4.90 Overnight (per day) $1,060.29 $1,136.02 $ 1,204.87 $ 1,324.21 SFO/OAK Transfer $ 457.38 $ 490.05 $ 519.75 $ 571.23 SJC Transfer $ 367.50 $ 367.50 $ 404.25 $ 404.25 Additional Charges 1. Driver Gratuity 2. $15 service fee will be added for each Charter bus on all orders. 3. Bridge Tolls, Airport Tax, Entrance Fee and Parking Fees will be added. 4. Driver's hotel room. Exhibit "B2" Type Capacity First 4 hours Overnight (per day) SFO/OAK Transfer SJC Transfer Mini Bus 24 pax $453.48 $ 1,113.08 $ 453.48 $ 367.50 Net Tariff for Cupertino Seniors January 1-December 31, 2016 ADDITIONAL CHARGES Full Bus 36 PAX $486.20 $ 1,193.40 $ 486.20 $ 367.50 $ $ $ Full Bus 47/48 PAX $514.25 1,262.25 514.25 404.25 Full Bus 50 PAX $556.33 $ 1,365.53 $ 556.33 $ 404.24 1) Driver Gratuity are not included in the above rates and maybe added at customer's discretion. Full Bus 56 PAX $565.68 $ 1,388.48 $ 565.68 $ 404.25 2) A $25 Service Fee will be added for each Charter Bus per day on all orders. $100 Max for multiple day trips. 3) A Fuel Surcharge may be added to above net prices if fuel prices increase. 4) Meet & Greet/On-Site Dispatch are $300/4 Hour Min, $100 each additional hour. 5) Bilingual Guide is $400/4 Hour Min, $125 each additional hour. 6) Step-On-Guide or Host Service is $300/4 Hour Min, $100 each additional hour. 7) Bridge Tolls, Airport Tax, Entrance Fee and Parking Fees will be added to the invoice. 8) Deadhead charges will be added for service commencing or terminating outside a 15 mile radius of San Jose. 9) Minimum of $300 Cleaning Fee applies if coach requires more than normal cleaning upon completion of the trip. 10) Driver's Hotel Room is the responsibility of the client for all out of town service (One Driver per Room). 11) There is an additional $25 fee for WIFI if requested. IMPORTANT NOTES A) Charter Rates are computed based on hourly/daily or mileage, whichever is greater. B) Overnight Stays (one night only) are based on 400 mile minimum. C) Cancellations less than ten business days prior to start of service are subject to full rate charge. D) One-Way Transfers must be completed within 2 hours & not exceed 50 miles. E) Cancellations made ten (10) or more days prior to service will be refunded, minus $50.00 per bus. Cancellations made less than ten (10) days prior to the service date will not be refunded. Cancellations for any trips that are multiple days, or more than one bus made thirty ROYACOA-01 NCVDMS ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 12/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 2~~~~cT Donna Schultz American Highways Ins. Agency wgNJo Extl: (800) 935-2442 I rie~ Nol: (330) 659-8912 3250 Interstate Drive i~DAJ~ss: service@highwaysinsurance.com Richfield, OH 44286 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: National Interstate Insurance Company 32620 INSURED INSURER B: Royal Coach Tours, Inc. INSURERC: 630 Stockton Ave. INSURER D: San Jose, CA 95126 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL :SUBR 1~l.~M%MYY1 ,~gJ5%~1 LTR INSD WVD POLICY NUMBER LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 I---D CLAIMS-MADE 0 OCCUR lJAMAGI:: I u '""' I c:D XPP1102770-12 02/01/2015 02/01/2016 PREMISES rEa occurrence\ $ 250,000 I--- MED EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $ 5,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 ~ DPRO-DLoc PRODUCTS -COMP/OP AGG $ 5,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 5,000,000 IEa accidentl A x ANY AUTO x XPP1102770-12 02/01/2015 02/01/2016 BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS x AUTOS x NON-OWNED iP~?~~c~d~~RAMAGE $ HIRED AUTOS AUTOS -$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION x I ~f~TUTE I I OTH-AND EMPLOYERS' LIABILITY ER A Y/N XWC1102770-12 02/01/2015 02/01/2016 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Physical Damage Deductibles: Charter Bus Vehicles $10,000 Specified Perils/Collision All Other Vehicles $2,500 Specified Perils/$5,000 collision Private Passenger/Service Vehicles $1,000 Comprehensive/Collision CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Cupertino-Cupertino Seniors THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 21251 Stevens Creek Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I o~,..~~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Exhibit "A" 1. The City expects annual service of forty (45) day trips per year; four (4) overnight trips that last between two to five days in duration; and five (5) round trip transfers to Bay Area airports. 2. The Contractor shall provide at least one of each size motor coach 56 passenger capacity bus, 47/48 passenger capacity bus, 36 passenger capacity bus, and 24 passenger capacity bus and motor coaches must be less than 5 years old; air -ride motor coach equipped with working stocked restroom, working microphone, DVD player, reclining seats, large windows with tinted safety glass that is not cracked, air conditioning and baggage binds, no wrap-around signs; 24 hour emergency contact; and single point of contact for scheduling and accounts payable. 3. The City shall incur no penalty for canceling any motor coach charter service with a two (2) week prior notice. The Contractor may apply a full -rate charge cancellation fee if cancellation notice is less than four days from trip date.