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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AND VIETNAMESE COMMUNITY OF ORANGE COUNTY (C-1-2492)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Please return an original executed agreement to entre office (M -30/T11) AMENDMENT NO. 2TO COOPERATIVE AGREEMENT NO. C-1-2492 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA AND VIETNAMESE COMMUNITY OF ORANGE COUNTY FOR A-2018-102 SENIOR MOBILITY PROGRAM THIS AMENDMENT NO. 2 is effective thisday of—L,L4, 2018 by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"), the City of Santa Ana (hereinafter referred to as "CITY") and Vietnamese Community of Orange County (hereinafter referred to as "CONTRACTOR"). RECITALS WHEREAS, by Agreement No. C-1-2492 dated June 9, 2011, as changed by Amendment No. 1 dated September 6, 2016, AUTHORITY, CITY and CONTRACTOR are entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation services for seniors receiving services through CONTRACTOR; and WHEREAS, AUTHORITY, CITY and CONTRACTOR agree that CITY to be removed as a party of this Agreement; and WHEREAS, AUTHORITY, CITY and CONTRACTOR agree to replace "CONTRACTOR" where it arises throughout the Agreement with "AGENCY'; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY. CITY and CONTRACTOR that Agreement No. C-1-2492 is hereby amended in the following particulars only: Page 1 of 3 AMENDMENT NO. 2TO AGREEMENT NO. C-1-2492 1 1. Delete "CITY" where it arises throughout the entire Agreement. 2 2. Replace "CONTRACTOR" with "AGENCY" throughout the entire Agreement. 3 3. Delete ARTICLE 4. in its entirety. 4 4. Delete ARTICLE 6 in its entirety and replace with the following: 5 "ARTICLE 6. NOTICES 6 All Notices pertaining to this Agreement and any communications from the parties may be 7 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or 6 certified mail, return receipt requested, postage prepaid and addressed as follows: 9 TO AGENCY: TO AUTHORITY: 10 Vietnamese Community of Orange County Orange County Transportation Authority 11 1618 West First Street 550 S. Main Street 12 P.O. Box 14184 13 Santa Ana, California 92703 Orange, California 92863-1584 14 ATTENTION: Christopher Nguyen ATTENTION: Sue Ding 15 (714) 558-6009 (714)560-5631" 16 5. Delete ARTICLE 10, Section Bin its entirety. 17 / 18 19 / 20 I 21 1 22 / 23 24 / 25 I 26 I Page 2of3 V 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.2 TO AGREEMENT NO. C-1-2492 The balance of said Agreement remains unchanged. This Amendment No. 2 to Cooperative Agreement No. C-1-2492 shall be made effective upon execution by all parties, IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Cooperative Agreement No. C-1-2492 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY Sy By Raul Godinez II V Pia Veesapen City Manager Manager, Contracts and Procurement ATTEST: APPROVED AS TO By l V l J �. y Maria D. Huizar Ja M. Don ct Clerk of the Council neral Counsel By �9a- 01 N , Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: By �....�e— �►�� Gerardo Mouet, Executive Director of Parks, Recreation and.Community Services Agency VIETNAMESE COMMUNITY OF ORANGE COUNTY By U ---'. Tricia Nguyen Chief Executive Officer Please return an original executed agreement to out office (M -30/T11) Page 3 of 3 01 AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO. C-1-2492 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND VIETNAMESE COMMUNITY OF ORANGE COUNTY FOR SENIOR MOBILITY PROGRAM THIS AMENDMENT NO. 3 is effective thisl^_day of 2018 by and between the Orange County Transportation Authority, a public corporation of the State of California (hereinafter referred to as "AUTHORITY") and Vietnamese Community of Orange County (hereinafter referred to as "AGENCY"). RECITALS WHEREAS, by Agreement No. C-1-2492 dated June 9, 2011, as last changed by Amendment No. 2, AUTHORITY and AGENCY are entered into a contract to provide the Senior Mobility Program (SMP) concerning senior transportation services for seniors receiving services through AGENCY; and WHEREAS, both parties agree to the allocated funding level for Fiscal Year 2017-18; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY that Agreement No. C-1-2492 is hereby amended in the following particular only: Amend Exhibit B, "Projected Funding Level FY 12 - FY 16", to delete in its entirety and replace with Attachment A, "Exhibit B, FY 2017-18 to FY 2021-22 Community Center Funding Projections". Page 1 of 2 AMENDMENT NO. 3 TO AGREEMENT NO. C-1-2492 1 The balance of said Agreement remains unchanged. 2 This Amendment No. 3 to Cooperative Agreement No. C-1-2492 shall be made effective upon 3 execution by both parties. 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to 5 Cooperative Agreement No. C-1-2492 to be executed on the date first above written. 6 VIETNAMESE COMMUNITYOF ORANGE COUNTY TRANSPORTATION AUTHORITY 7 ORANGE COUNTY 8 By By 9 Tricia Nguyen Pia Veesapen 10 Chief Executive Officer Manager, Contracts and Procurement 11 APPROVED AST R 12 By 13 Jarrlr M. Donic / general Counsel 14 �i,' 15 16 17 18 19 20 21 22 23 24 ` 25 26 Page 2 of 2 L CERTIFICATE OF COVERAGE 07/06/2017 PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, Alllant IDSUFBDCP S@PVICES, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OR POLICY P.O. BOX 6450 BELOW NEWPORT BEACH, CA 92658-6450 COMPANIES AFFORDING COVERAGE PH (949) 756.0271 / FAX (949) 756-2713 -_ ..__„.�..,_,. LICENSE NO. OC36861 COMPANY LETTER (A) BIG INDEPENDENT CITIES EXCESS POOL BIG INDEPENDENT CITIES EXCESS POOL MEMBER: CITY OF SANTA ANA ATTN: ED RAYA RISK MANAGER P.O. BOX 1988 SANTA ANA, CA 92702-1988 COMPANY LETTER (B) '.; COMPANY LETTER (C) I., COMPANY LETTER (D) I.:. COMPANY LETTER (E) : COMPANY LETTER (F) THIS IS TO CERTIFY THAT THE MEMORANDUM OF COVERAGE OR POLICY(IES) LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY OR MEMORANDUM PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGES AFFORDED BY THE MEMORANDUM OR POUCY(IES) DESCRIBED HEREIN ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM OR POLICY. ''.. TYPES CO OF LTR ! COVERAGES EXCESS LIABILITY OCCURRENCE FORM A INCLUDING AUTOMOBILE LIABILITY MEMORANDUM MEMORANDUM MEMORANDUM OR OR POLICY OR POLICY POLICY NUMBER EFFECTIVE EXPIRES BODILY INJURY BO -05 07/01/2017 07/01/2018 AND PROPERTY DAMAGE ',. COMBINED LIMIT DIFFERENCE BETWEEN $10,000,000 POOL LIMIT AND $2,000,000 SELF-INSURED RETENTION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS: AS RESPECTS AGREEMENT #C-2-0148 SENIOR MOBILITY PROGRAM. CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED SOLELY WITH RESPECT TO BODILY INJURY AND PROPERTY DAMAGE ARISING OUT OF OPERATIONS AS DESCRIBED BY OR ON BEHALF OF THE NAMED INSURED PER A'FltoED ENDORSEMENT, SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. ww ++ 9A�i�IrP11\�y ORANGE COUNTY TRANSPORTATION AUTHORITY ATTN: REBECCA POTTER, CPM SENIOR PROCUREMENT ADMINISTRATOR 550 S. MAIN STREET ORANGE, CA 92863-1584 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 29 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, Al THIS ENDORSEMENT DOES NOT CHANGE THE MEMORANDUM, PLEASE READ IT CAREFULLY. ADDITIONAL COVERED PARTY - COVERED INDEMNITY CONTRACT This endorsement indentifies coverage provided under the following: BICEP MASTER MEMORANDUM OF LIABILITY COVERAGE The following wording can be found in Section 11, Definitions: 6. COVERED PARTY -- means: f. Any person or entity holding a certificate of coverage duty issued by BICEP, as limited therein ("ADDITIONAL COVERED PARTY"). An ADDITIONAL COVERED PARTY is not covered for claims arising from the ADDITIONAL COVERED PARTY's sole negligence or for claims by another COVERED PARTY. g. Any person, entity or organization to whom the COVERED PARTY is obligated by virtue of a COVERED PARTY INDEMNITY CONTRACT to provide coverage solely with respect to BODILY INJURY AND PROPERTY DAMAGE arising out of: i. Premises leased, used or occupied by the COVERED PARTY ii. AUTOMOBILES leased or rented by the COVERED PARTY iii, Equipment owned, leased, rented, maintained or used by the COVERED PARTY iv. Mortgagees of the COVERED PARTY; or v. Property owners and property managers of property owned, leased, rented or occupied by the COVERED PARTY, vi. However, these COVERED PARTY INDEMNITY CONTRACT coverages do not apply to: aa. An OCCURANCE which takes place prior to or after the COVERED PARTY ceases to occupy the premise stated in the COVERED INDEMNITY CONTRACT, bb. Any structural alternation, new construction or demolition operations performed by or on behalf of the COVERED PARTY cc. Any PUBLIC ENTITY ERRORS AND OMISSIONS or EMPLOYMENT PRACTICES. h. The coverage set forth in subsection (g) immediately above will be limited to any limits of coverage within the terms of the COVERED INDEMNITY ONTRACT or the LIMITS OF COVERAGE within this MEMORANDUM,,)*&ver is less • d will apply in excess to any underlying insurance or thc. qo RED PA 'S SELF- INSURED RETENTION. BICEP will not be obligatfd fox')rifl�Il ,°.LIABILITY greater than that provided by this MEMORANDUM. f:` r ' cy ZQ( P C 71.201.4 Ed BICEP MOC Attachment Page 1 of 1