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HomeMy WebLinkAboutCARE AMBULANCE SERVICES, INC.-2017I!VbuRAN,,E ON F'EUL A-2017.239 WORK MAY PROCEED UNTIL, INSURANCE-: EXPIRES cieERK r c;uuNcll DATE:®EC 0 4 201 FIRST AMENDMENT ® < TO EMERGENCY TRANSPORTATION AGREEMENT s/{U CAtiTHIS FIRST AMENDMENT, made and entered into this 51h day of September, Vj ,tt (i 2017, by and between CARE Ambulance Service, Inc., a California corporation, (hereinafter "CONTRACTOR"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), RECITALS: A. CITY entered into an agreement (Agreement #A-2012-196, "said Agreement") with CONTRACTOR for the provision of emergency ambulance transportation services in the City of Santa Ana in accordance applicable federal, state and local laws and pursuant to the terms of CONTRACTOR'S proposal (the "Proposal") submitted by CONTRACTOR on July 9, 2012, pursuant to CITY'S Request for Proposals ("RFP") (Phase 2) issued June 14, 2012, as attached to and incorporated in said Agreement as Exhibit "B". B. The effective Term of said Agreement commenced 12 a.m. September 20, 2012 and covered an initial three (3) year contract period ending 12 a.m. September 20, 2015 with an option for up to two (2) additional one (1) year terms, exercisable by the City Manager and the City Attorney, made with the concurrence of the Orange County Fire Authority based upon successful past performance by CONTRACTOR during the initial contract period. C. CITY, with the concurrence of the Orange County Fire Authority, exercised its option to extend said Agreement for additional one (1) year terms, respectively on September, 3, 2015 (A-2012-196-01) and again on August 11, 2016 (A-2012-196-02). The final extension of said Agreement shall expire 12 a.m. September 20, 2017. D. In order to develop a comprehensive RFP and selection process for future ambulance services, the parties wish to amend said Agreement to further extend the Term for an additional period commencing 12 a.m. September 20, 2017 and ending June 30, 2018 with an option for an additional six (6) month term ending December 31, 2018, exercisable by the City Manager and the City Attorney, upon the concurrence of the Orange County Fire Authority based upon successful past performance by CONTRACTOR during the initial contract extension period ending June 30, 2018. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Emergency Transportation Agreement, the parties agree as follows: 1. Section 3. CONTRACT PRICE AND PAYMENT, shall be amended to increase the original agreed upon Contract Price as set forth in the Proposal by eight percent (8%) to compensate CONTRACTOR for providing continuing contractual services for the initial contract extension period commencing 12 a.m, September 20, 2017 and ending June 30, 2018, for a total additional contract amount not to exceed $2,725,000. CITY and CONTRACTOR further agree that in the event that CITY elects to exercise its option to extend said Agreement for an additional six (6) month term commencing July 1, 2018 and ending December 31, 2018 the Contract Price shall remain the same as applicable through the initial extension period ending June 30, 2018, fora total additional contract amount not to exceed $1,752,000. 2. Section 5, TERM, shall be amended to extend the Term of said Agreement for an additional period commencing 12 a.m. September 20, 2017 and ending June 30, 2018 with an option for an additional six (6) month term ending December 31, 2018, exercisable by the City Manager and the City Attorney, upon the concurrence of the Orange County Fire Authority based upon successful past performance by CONTRACTOR during the initial contract extension period ending June 30, 2018, unless terminated earlier in accordance with Section 6 of said Agreement. 3. Section 31, EXECUTION, the paragraph below shall be added to said Agreement as follows: This Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. {Signatures on following page) IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA dF Clerk of the Council.•' SONIA R. CARVALHO City Attorney BY:C�Ckcn c c_..' Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONTRACTOR CARE Ambulance Service, Inc. Francisco Gutierrez Executive Director Troy Wgen, CE Finance & Management Services Agency CARE Ambulance Service, Inc. Tax ID# 3 3_ 0 2 9 XgS3 A --?„o(2- ) 8660 Page x of z A%C R& CERTIFICATE OF LIABILITY INSURANCE n11/2s/ oi7Y' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or 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 ONT Willis of Seattle, Inc.NE t). 3-877-995-7978 FAX, NCI: 1�Ba8-467-2378 PHO�o ezAIL c/o 26 Century Blvd ADUSE , cartificatasQwillia.cwm P.O. Box 305191 IN8Uit_ER{Sj AFFORDING COVERAGE r NAIC9 Nashvilla, IN 372305191 USA A INSOREII Covert's Specialty Insurance Company 15686 INSURER'; Greenwich Insurance Company v 22322 Cara Ambulanoa Ssrvioes:. Ino. -.— __...._._........._._ _ _.� _ .,„„_...,._ 1517 West araden Court _tNSUREij CSteadfast Insurance Company INSURER ?.6967 Orange, CA 92883 INSURERD: XL Specialty Insurance Company 376a5 GEN'L AGGREGATE LIMIT APPLIES PER: INSURERS_._....708 ��____...._. �_, ..........__.__ INSURER F: COVERAGES CERTIFICATE NUMBER: W4491393 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN'1ft -'"._...__'TYPE OF INSURANCE AODL 8U8 , ��POLICY NUMBER PoLICYBFF PPLICY a LIMITS � X COMMERCIAL GENERAL LIABILITY CLAIMEINADE I OCCUR EACH S 1,000,000 TO DAMAGE�� 1 400,000 P. EMISES Es accurterica S _ X A Products Claims Made MED EXPCj:nY one Person) Is 5,000 w y 5^10013 10/01/2017 10/01/2018 PER30NAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S _.. w 2,000,000 X POLICY ❑ JEEl LOC�....m• PRODUCTS-COMP/OP ADD $ 2:000,000 _— OTHER; S AUTOMOBILE LIABILITY COMOINEDSINGLE LIMITS 1,000,000 Es eccIdenl X ANYAUTO BODILY INJURY (Per person) S B AUTOS SCHEDULED y AUTOS ONLY AUTOS MS00047602 30/01/2017 10/01/2018 BODILY INJURY(Pafeccldam) S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE ~^ (Perawlden0 S ... C X UMBRELLACIAD EXCESS CIA' X OCCUR CLAIM"ADE Y UHB5414770-04 16/0112017 10/01/201.3 EACH OCCURRENCE 5 1S, UOD,000 AGGREGATE S 15,000,000 DED I I RETENTIONS Is D WORKERS COMPENSATION AND EMPLOYERS'UASIUTY ANYPROpRiETORtPAAINERIEXECVTiVE YIN OFFiCERIMEMDEREXCLUOEA? o NIA tMendatory in NHi RWD3000955-02 3010112017 10(01/2018 X I STATUTE ERS _ ---- EL_EACH ACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If ea, tlesaite under R FOPERATIONS below E.L. DIS&$E•POLICY LIMIT S 11000,000 A Mian Medical Professional. 5-10013 10/01/2017 10/01/2013 Per Claim $1,000,000 Liability Aggregate $2,000,000 Claims Made Abuse 6 Molestation $1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS/ VEHICLES (ACORD 191,Additlonal Remarks Schedule, maybe attached flmorc space Is Im9ulse) 11 Lr 1 This Voids and Replaces Previously Issued Certificate Dated 10/24/2017 WITH ID; W4092490. ///! Umbrella/excess Fallows Form. Pa5z /� J RR'4010yKI The City of Santa Ana and their respective officers, officials, employees, representative and volunteers are included as Additional Insureds per Contract or Agreements with the City of Santa Ana in accordance with the policy provisions CERTIFICATE HOLDER CANCELLATION 01088.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD US M 15362924 sATM 526623 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Santa Ana 20 Civic Center Pxaaa AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 01088.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD US M 15362924 sATM 526623 AGENCY CUSTOMER ID: LOC $: r • f ADDITIONAL . *SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED Willis of Seattle, Inc, Care AnnuldnOe Service., Inc. 1511 West Braden Court orange, CA 92868 _ POWCYNUMBER Bee Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 The AQORD name and logo are regqistered marks of ACORD SR ID: 5362924 wrresv 526623 02M W4491393 COVE R$Y INSURANCE COMPANY Attached to and forming part of Policy Number: First Named Insured: Policy Perlod: 5-10013 _ Falck USA, Inc.; Care Ambulance Services 10/1/2017-10/1/2018 Policy Number: First Named Insured: Policy Period: Effective Date of Change: 5-10013 Feick USA, Inc.; Care Ambulance Services 10/1(2017-107112018 10/1/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part — Occurrence Coverage Form SCHEDULE Name of Person or Organization Party ID (if applicable) Retroactive Date (if applicable) Activities The City of Santa Ana, its We n/a Ambulance service as described in contract officers, employees, agents, volunteers and representatives Subject to all other terms and conditions of the POLICY, it is agreed and understood that Section II. Definition of Insured is amended to include as an INSURED the Person(s) or Organization(s) shown in the Schedule above, but only with respect to the activities Indicated above. This additional insured shall share in the Limits of Liability of the FIRST NAMED INSURED, and this extension of coverage shall not increase OUR Limit of Liability. We agree to notify the Named Person or Organization in writing at least thirty (30) days in advance of cancellation of this policy. Nothing in this endorsement shall vary, alter, waive or extend any of the terms and conditions of the POLICY, other than as expressly stated above. "2 �•k�'� P?�tj e Sam Mezzich Richard G. Hayes President Treasurer I I fZg1l7 Activit No: COM 003 CS 03115 Date Produced: 10/00/2015 Page 1 POLICY NUMBER: RAD500047602 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: FALCK USA, Inc. Endorsement Effective Date: October 1, 2017 SCHEDULE Name Of Person(s) Or Organization(s): Where required by written contract executed prior to loss. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section If — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. 1//z - Ill 7 1"I"I Aa,y `r/s 4ev, eIe(t CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 / Endorsement # 27 General Purpose Endorsement ZURICH Policy No. Eff. Date of Pol, E)p. Dale of Pol. Elf. Date of End. Producer Add) Prem. Return Prem, UMB 5414770-04 October 1, 2017 October' 201& October 1, 2017 18531000 -•• --- Named Insured and Mailing Address: Feick USA, Inc. 2154030th Drive SE, Ste. #250 Bothell, WA 98021 Producer: Willis of Seattle, Inc. 505 Fifth Avenue South, Ste. 200 Seattle, WA 98104 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: HEALTH CARE EXC ESS LIABILITY POLICY Paragraph 3, Persons or Entitles Insured of Section II: General Policy Provisions is amended to include as an additional Insured the person or organization shown in the Schedule of this endorsement, whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured but only because of liability caused in whole or in part by your acts or omissions. The insurance provided by this endorsement will not be broader than that provided by the "governing underlying insurance policy', Subparagraph D., Cancellation, of Paragraph 6., Conditions, is amended to include the following: If we cancel this insurance by written notice to the first "Named Insured" for any reason otherthan nonpayment of premium, we will provide 30 -day written notice to the additional insured listed in the Schedule below. However, this advance notification of pending cancellation of coverage is intended as a courtesy only and our failure to provide such advance notification will not extend the effective date of cancellation nor negate cancellation of this insurance. Subparagraph M., Transfer of Any "Insured's" Rights and Duties, of Paragraph 6., Conditions, is amended to include the following: If the first "Named Insured" is required by written contractor agreementwith the person or organization shown in the Schedule below to waive its rights of recovery, we agree to waive our rights of recovery. This waiver of rights only applies to the extent required by written contract, however, the contract must be entered into prior to the "occurrence" or "medical incident" that gives rise to a claim and shall not be construed to be a waiver with respect to any other operations in which the first "Named Insured" has no contractual interest. SCHEDULE Name of Person or Organization (Additional Insured): City of Santa Ana ALL OTHER TERMS AND CONDITIONS OF THIS POLICYREM AIN UNCHANGED. l/l22/r7 A, U-HCU-405-ACW (21100) Page 1 of 1