Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000803

 

MEETING DATE:

05/20/25

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Kimberly Engelby (714) 834-3530 

 

 

Maria Agrusa (714) 834-6889

 

 

Subject:  Approve Regional Cooperative Agreement for Rideshare Transportation Services

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     N/A

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         N/A

 

RECOMMENDED ACTION(S):

 

Authorize the County Procurement Officer or Deputized designee to execute Contract for Rideshare Transportation Services with Uber Technologies, Inc., for a five-year term effective upon Board of Supervisors approval and all necessary signatures.

 

 

 

SUMMARY:

 

Rideshare Transportation Services will offer a modern, efficient, and cost-effective solution that enhances service delivery, supports effective resource management, and promotes environmental responsibility, benefiting both employees and the clients served, in alignment with the County of Orange’s goals.

 

 

BACKGROUND INFORMATION:

 

The County of Orange (County) is seeking to establish a Regional Cooperative Agreement (RCA) with a company or companies to take advantage of the County’s economies of scale and reduce the duplication of efforts across the County.

 

The County is comprised of 22 Departments and over 18,000 employees. The County’s core businesses are public safety, public health, environmental protection, regional planning, public assistance, social services and aviation. The County has over 100 locations/facilities that may require servicing.

 

Local schools, cities, and other public entities may take advantage of this RCA which was competitively bid by the County; the County shall not be a signer on those contracts and shall have no legal liability to either the contracting entities or to third parties as a result of the contracts.

 

The County is seeking to partner with a qualified Ride Share Transportation Services company or companies who can provide exceptional performance and competitive pricing. The County’s intent is to obtain the most cost-effective Ride Share Transportation Services while maximizing the quality and level of service. The Contractor is to provide Ride Share Transportation Services on an on-going or as needed basis.

 

Departments may have different hours of operations; however, all non-urgent deliveries shall be completed between 7:00am – 5:00pm. All emergency/urgent deliveries shall be coordinated with each respective ordering Department.

 

Request For Proposal (RFP)

On June 7, 2024, the County Procurement Office (CPO) released an RFP via the County’s online bidding system to solicit proposals from qualified firms to provide Rideshare Transportation Services for the County. The Orange County Preference Policy is not applicable to this contract award.

 

The County received a total of three proposals; one was deemed as non-responsive. The two responsive proposals were thoroughly reviewed and independently scored by an RFP evaluation panel comprised of five subject matter experts with over 14 years of combined experience in client transportation, procurement management RCAs and corporate programs. The RFP evaluation panel consisted of staff from various County Departments. The evaluation panel recommended award of contracts to the two top-ranked proponents.

 

Proponent

Ranking

Uber Technologies, Inc. (Uber)

1

MJ Reliable Transportation Services

2

 

A Notice of Intent to Award letter was posted to the County’s online bidding system on July 17, 2024. No protests were received.

 

CPO staff have conducted due diligence on the recommended firms. Reference checks were satisfactory and completed with the entities listed below regarding similar services.

 

 Contractor

 References

Uber

1. City of Long Beach

2. El Paso County, Texas

3. New York City

MJ Reliable Transportation

1. Department of Health Care Services (DHCS)

2. Ivy Park at Santa Monica

3. iLingo Translation Service

 

MJ Reliable Transportation had no exceptions to the County’s terms and conditions; therefore, the contract was executed on August 21, 2024.

 

The proposed Contract with Uber for Rideshare Transportation Services is brought forward for Board of Supervisors (Board) approval as it contains non-standard Indemnification, Warranty/Disclaimer and Limitation of Liability language. Although the proposed Contract scope of work requires Uber to perform criminal background checks for drivers (which operate as independent contractors) and requires for drivers to have insurance, Uber’s nonstandard provisions seek to limit Uber’s liability and the County’s recourse against Uber for various types of claims. For example, Uber’s indemnification of the County omits tort damages and various other claims (although Uber’s indemnification of the County includes breach of contract and some intellectual property claims), and Uber has limited its liability for damages to one (1) million dollars. After exhaustive negotiation efforts, Uber remained firm on its proposed terms. The references above demonstrate that Uber has contracts with public agencies not only in California but throughout the United States including the County of Riverside and the State of Utah, and justifies their firm stance based on that. The County Executive Office/Risk Management has deemed these provisions acceptable; please see Attachment D for Risk Assessment Form which includes a summary of each revised provision as well as the risk to the County. It is important to note that although the County does not currently have a contract with Uber, County staff have already been utilizing Uber’s services to conduct County business – employee travel needs and in some social services activities. Approval of the proposed Contract will allow for the centralization of all departmental usage which will make it easier for the County to track.

 

Subcontracts

This Contract includes subcontractors. See Attachment B Contract Summary Form for information regarding subcontractors.

 

 

FINANCIAL IMPACT:

 

The proposed RCA with Uber does not financially obligate the County to a minimum amount of expenditures. Contract costs will be included as part of individual Departments’ subordinate contracts. 

 

Contingency of Funds

The proposed Contract includes provisions that the Contract is contingent upon the availability of funds and inclusion of sufficient funds in the budget approved by the Board for each fiscal year the Contract remains in effect or operation. In the event such funding is terminated or reduced, the County may terminate the Contract, reduce the County’s maximum obligation or modify the Contract, without penalty.

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A – RCA-017-25010002 Rideshare Transportation Services-Uber Technologies, Inc.
Attachment B – Contract Summary Form
Attachment C – Final Summary of Evaluators Scoring
Attachment D – Risk Assessment Form