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HomeMy WebLinkAbout10 SR. TRANS W OCTA 11-01-99NO. 10 11-01-99 DATE I n t e r- C o NOVEMBER 1, 1999 TO: FROM: SUBJECT: WILLIAM A HUSTON, CITY MANAGER PATRICK SANCHEZ, DIRECTOR, PARKS AND RECREATION AMENDMENT TO THE 1999-00 AGREEMENT FOR SENIOR TRANSPORTATION SERVICES WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY S~Y:': Requ .~_ CoUncil approval to amend the City's Agreem~at wii. h the Ofmqge Cotmty Transpo~On AUthOrity to provideSeniors with transPortation for the congregate meal program,: I extending its exPiration dste to June 30, 2000. DISCUSSION: In July of 1998, the City entered into an original agreement with the Orange County Transportation Authority to provide senior transportation services for the congregate meal program. The Orange County Transportation Authority has forwarded us an amendment to the agreement, extending the expiration date of the agreement from November 1, 1999 to June 30, 2000. It is the only change to the original agreement, and we are seeking Council approval to execute the amendment. The City Attorney has reviewed the attached amendment and has approved it as to form. This request to amend the existing amendment is separate from our interest in entering into a new agreement for the Senior Transportation Pilot Program for Congregate Meals. This current contract provides for services to and from Area Agency on Aging-sponsored Congregate Meal Programs in 19 Orange Coumy Cities. OCTA is looking at alternative ways to provide senior transportation services, and the City Of Tustin is exploring a new agreement. The new agreement is designed to allow cities to receive funding directly, to operate the service directly. The overall goal of the proposed new program is to provide a higher level of service that better meets the needs of the City of Tustin with the existing level of funding. This would provide us an oppommity to deploy a second van driver and increase the opportunity for trips such as shopping, medical and recreation. RECOMMENDATION: Authorize the Director of Parks and Recreation Services to execute the attached Amendment to the Agreement between the Orange County Transportation Authority and the City of Tustin. Respectfully, Patrick Sanchez Director, Parks and Recreation Services Crmydocs/ps/stall' reports/octa c-8-0198 ameadmeat 3.doc 2] AMENDMENT NO. 3 TO AGREEMENT NO. C-8-0198 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND . . THE CITY Of TUSTIN THIS AMENDMENT NO. 3 is made and entered into this ~da¥ of ,1999 by and between the Orange County Transportation Authority ("AUTHORITY") and the City' of Tustin WITNESSETH: WHEREAS, by Agreement No. C-8-0198 dated July 1, 1998, as last changed by Amendment No. 2 dated June 17, 1999, AUTHORITY and CITY entered into a Contract for CiTY to purchase transportation services from AUTHORITY for the purposes of providing a means for seniors to participate in the Area Agency on Aging (AAA) senior nutritional program; and WHEREAS, both parties have agreed to extend this Agreement for eight months to continue senior transportation services; NOW THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that Agreement No. C-8-0198 is hereby amended in the following particulars only: 1. Amend ARTICLE 8. TERM OF AGREEMENT, Page 4 of 6, to delete in its entirety and in lieu thereof insert the following: ARTICLE 8. TERM OF AGREEMENT The term of this Agreement shall be twenty-two (22) months, commencing September ~3 24 1, ! 998 and expiring at the end of business or 5:00 p.m., whichever occurs last on June 30, 2000. / Page 1 of 4 l0 13 ]4 2O 2] 22 2,4 AMENDMENT NO.3 AGREEMENT NO. C-8-0198 o following: following: Amend ARTICLE 9. PAYMENT, to make the following changes: A. Page 4 of 6, paragraph 1, to delete in its entirety and in lieu thereof insert the For services provided by AUTHORITY under this Agreement, CITY shall pay AUTHORITY the amount of Two Dollars and Four Cents ($2.04) per passenger trip through October 31, 1999. For services provided by AUTHORITY under this Agreement for the period November 1, 1999 through June 30, 2000, CITY shall pay AUTHORITY the amount of One Dollar and Eighty-Four Cents ($1.84) per passenger trip, which conforms to Authority's service standard up to but not to exceed the amount of Twelve Thousand Five Hundred Eighty-One Dollars and Twenty-Eight Cents ($12,581.28), which would be the amount equivalent to the provision of the maximum number of passenger trips from September 1, 1998 through June 30, 2000. The AUTHORITY's standard service is curb-to-curb service. Should the agency or center request door-to-door service, there will be and additional charge of eighty cents ($0.80) at each end of a on,e way trip utilizing premium service. Agencies or centers must provide to AUTHORITY a written list of those passengers who may receive premium service. B. Page 4 of 6, paragraph 2, to delete in its entirety and in lieu thereof insert the AUTHORITY shall submit quarterly invoices to CITY for payment pursuant to this Agreement within 30 days after the close of each of the following periods: for period July 1, 1998 through September 30, 1998; for the period October 1, 1998 through December 31, 1998; for the period January 1, 1999 through March 31, 199; for the period April 1, 1999 through June 30, 1999; for the period July 1, 1999 through October 31, 1999; for the period November 1, 1999 through December 31, 1999; for the period January 1, 2000 through KPF__.AL=_:CF:$iR:CF V,O CTAi,,,rTO3.~AMMDATA\CAMM\~LERIGAL\WORDPROCVkGREE~AMF. ND~AM380198.DOC Page 2 of 4 12 13 14 15 16 17 18 19 2O 21 22 23 25 i 26 K~'EALE:CF:81~:CF AMENDMENT NO.3 AGREEMENT NO. C-8-0198 o following: the following: March 31, 2000 and for the period April 1, 2000 through June 30, 2000. The AUTHORITY does not agree that all budgeted trips will be provided. Failure of CITY to pay AUTHORITY amount due under this contract within 30 days from date of invoice shall entitle AUTHORITY to, in addition to any other legal remedies available to AUTHORITY, suspend or diminish its performance under this Agreement if it so .elects. If any portion of the invoice is disputed by CITY, CITY agrees to identify disputed amount and pay AUTHORITY all remaining undisputed costs. All disputed costs shall be resolved within 30 days and shall be included as part of the subsequent month's payment to AUTHORITY. Amend Exhibit A "Scope of Work," as follows: A. Page I of 21 paragraph 9, to delete in its entirety and in lieu thereof insert the 9. The AUTHORITY requires all passengers be'ready for the transportation vehicle at the scheduled pick up time. The drivers shall wait only five minutes after the scheduled time. If the passenger is not ready within this time, the driver must proceed to the next location and the passenger will be recorded as a "No Show". The CITY will be billed for all "No Shows" at.the rate of $2.04 each through October 31, 1999. For the period November 1, 1999 through June 30, 2000 the CiTY will be billed for all "No Shows" at the rate of $1.84 each. B. Page 2 of 2, paragraph 11 delete in its entirety and in lieu thereof insert 11. The CITY has budgeted $1,965.12 for the period November 1, 1999 through June 30, 2000. The service provided to the center(s) shall not exceed this amount. The estimated number of trips for all centers from November 1, \\O C, TANT031GA M M DATA\,.?,AM M~CLE RICAL',,WO RDP RO C~GRE E~M ~.N D'v~M38019g.DOC Page 3 of 4 14 2O 2] 23 24 AMENDMENT NO.,3 AGREEMENT NO. C-8-0198 1999 through June 30, 1999 is 1,068. The AUTHORITY does not guarantee that all budgeted trips will be provided. If Agencies or centers hold seating for passengers who are not using the service due to vacation, extended illness, etc. the CITY agrees to pay $1.84 for the unused trip. The balance of said Agreement remains unchanged. Upon execution by both parties, this Amendment No. 3 shall be made effective November 1, 1999. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. C-8-0198 to be executed on the date first above written. THE CITY OF TUSTIN By Name Title By Name Title KD=~,L~-:C: :,~ ;/~:CF ',\0 ~..TAt~'TO3\CAMMDATA~CAMM"~-,LERI~'AL~WORDPROC'gAGREE~'AMEND''AM380198.DOC ORANGE COUNTY TRANSPORTATION AUTHORITY By, Corey Creasey Section Manager- Procurement APPROVED AS TO FORM: By Kennard R. Smart, Jr. General Counsel Page 4 of 4 ,, o. 4 2! 25 AGREEMENT'NO. 8-0198 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF TUSTIN THIS AGREEMENT, made and. entered into this and between the Orange County Transportation Authority 550 South Main Street, P.O..Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinaRer referred as ".AUTHORITY") and the City of Tustin, 300 Centennial Way, P.O. Box 1089, Tustin, California 927.~0-3767. (hereinafter--.--,r'~"rr='~, ...., to as "CITY"). .-' WITNESSETH: WHEREAS, AUTHORIT'f has been retained by the Area agency on Aging (AAA) to provide countywide transpo~ation of seniors to nutritional sites funded by AAA,; WHEREAS, CITY is a participant in the AAA senior nutritional program and desirous of obtaining transpo~ation service from AUTHORITY for the purpose of providing a means for seniors to participate in the program; NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained hereof, the :~arties nereid agree as follows: ARTICLE 1. COMPLETE AGREEMENT This Agreement fully expresses all unders;anding of the parties concerning all maters covered and shall constitute the total Agreement. No prior writt, en or oral provisions or unaers~andings joe~veen the sa,,'ties shall have any force or affect. No addition to or alteration of the te,mq, s of this Agreement ah, all be valid unless made in writing and formally adopted in the same manner as this Agreement. Page I of 5 12 15 2O 22 24 AGREEMENT 8-01 98 ARTICLE 2. RESPONSIBILITY AUTHORITY, through an Agreement with a SUBCONTRACTOR of its choosing, assumes all responsibiiity as appropriate for the operation, scheduling and maintenance of any vehicles, which · are to be operated in the performance of this Agreement. AUTHORI ~'FY and/or SUBCONTRACTOR shall ob~a.in and maintain all licenses, registrations and accreditatior~s governing its operation, which are necessary.to perform the obligations under this Ag reemer~t. ARTICLE 3. INSURANCE AUTHORITY, shall ensure that SUBCONTRACTOR obtain at its sole cost and file with CIq'Y, · prior to.exercisir~g any right or performing any obligation pursuant to this Aareement and maintair~ for the period covered by the Agreement, the following insurance, which shall be full-coverage insurance not subject to self-insurance conditions: (I) Commercial General Liability insurance with a least One Million Dollars · 0 C,., U rr,., r'l,,,,.,, ($1.000.000.00) per ~', ,=, ,'~' and (2) Com.~rehensive Automobile Liabiiity insurance of combined sin~te timit Primary-~odity injury and Primary Proper~y Damage in an' amount not less than Two Million dollars (,$2,000,000.00) per .occurrence. · (3) Workers' compensation insurance with limits established and required by the State of California. =ach policy of the insu,-ance required in subse~ions (1) and (2') shall name CFFY as an additional insured with respect to performance hereunder. Should any of the above-desc, ribed policies 12e canceled before the expiration dat. e thereof; the isSuin2 company will endeavor to mail 30 Cs.v w,fibe,~ notise to the certificate holder named. Rm':.vourty~e.ce ,: ,.',~,AMM~,;..ER~ALb=,GF,-:--"IAGiiD1 BE :to !1 I2 13 14 17 18 19 2O 21 AGREEMENT 8-01 98 ARTICLE 4. REQUIRED LICENSES & CERTIFICATES AUTHORITY, through its agreement with the SUBCONTRACTOR, shall employ only cuatified drivers to operate any vehicles In performance'of this Agreement. Prior to employment, SUBCONTRACTOR shall review the records maintained and made avaiiabte by the Department of Motor Vehicles regarding each of said drivers. Each of said drivers shall possess and maintain any licenses or certificates reouired by law and necessary Cdr their individual perf.0rmances on behalf of SUBCONTRACTOR under this Agreement. ARTICLE 5. FEDERAL. STATE AND LOCAL LAWS Notwithstanding any other provision of this Agreement, AUTHORITY and CITY agree to comply with all appticabie federal, state and local taws and regulations. ARTICLE 6. INDEMNIFICATION A. AUTHORITY shall indemnify, defend and save harmless CITY, its officers, directors., employees a6d agents from and against, any and all claims (including attorney's fees and reasonable e.xpenses for litigation or settlement) for any loss or damages for bodily injuries, inciuding death or loss of, damage to or loss of use of prope~y caused by the negii.2ent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees, agents, subcont,"a=ors or suppliers in connection with or arising out of the performance of tlqis .Agreement. B. CITY shall indemnify, defend and save harmless AUTHORITY, its officers, directors, employees and agents from and acainst any and all claims (including attorney's fees and reasonable ex:)enses for litigation or settlement) for any loss or damages for bodily injuries, inciudin~o death or loss of, damage to or loss of use of property caused by the negti..2ent acts. omissions or willful misconauct by ~,.-v . ~,, its officers, diresT, ors, employees, aaents, subsonl:ractors or su~siiers ir~ connection with or ansing out of the performance of t~is Agreement. · / i / Paae 3 of 6 10 11 12 14 15 16 2O AGREEMENT 8-01 98 o. ARTICLE 7'. DELIVERY LOCATIONIS) Passengers shall be picked up, transported and delivered from and to such. Locations and at such times as are described in EXHIBIT A -"STATEMENT OF SERVICES"- attached hereto and by this reference incorporated herein. ARTICLE 8. TERM OF AGREEMENT The term of this Agreement'shall be one-(l) year, commencing July 1, 1998, and expiring at the end of business or ,5:00 p:m., whichever occurs last on June 30, 1999. ARTICLE 9. PAYMENT For services provided by A"UTHORITY under this Agreement, CI ~-'Y, shall pay AUTHORITY the amount of Two Dollars and Four Cents ($2.04) per passenger trip, which conforms to AUTHORIT'Y'S .service standard up to but not to exceed the amount of Eigi~t Thousand Four Hundred Eighty-Eight Dollars (S8,488.00), which would be the amount equivalent to the provision of the maximum number of passenger trips specified in EXHIBIT'A - STATEMENT OF SERVICESi The AUTHORI~-Y'S standard service is curb-to-curb service. Should the agency or CIT'f reauest door-to-door service, there will be an additional charge of eighty cents (.80¢) at each end of s one way .trip utilizing premium service. Agencies or CITIES must provide to AUTHORI i'FY a wdtte~ iisi of those passengers who may receive premium service. AUTHORITY shall submit quarterly invoices to CI i'FY for payment pursuant to this Agreement within 30 days a~er the close of each of the following periods: for period July, 1, 1998, through September 30, 1998; for the period October I, 1998, through December 31, !998; for the ~eriod January 1 I~=~ throuc~h Marsh 3~ I~:~= and for the period April 1 !~::, through June 30 I~99 Failure of CITY, to pay ALFFH.'DRIT¥ amount due under this contract, within 30 days from ~gate of invoice shall entitle AUTHORI~~ to, in addition to any other te2aI remedies avaits~ie to A!,JTH',ORiT¥, sus:)end or diminisi~ its pefforman~.e under this Agreement if it so elects. Page 4 of ~ 10 12 ]4 15 16 17 !9 2O AGREEMENT 8-0198 ARTICLE 10. AVAILAB'LITY OF FUNDS A. It is mutually understood between the par~ies that this Agreement may have been written before ascertaining the .availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if the AUTHORITY has entered into a service Provider Agreement with the County of Orange Area Agency on Aging (AAA). It is mutually agreed that if the AAA and the AUTHORITY do not enter into an Agreement, this Agreement shall be amended to refl.e~ a reduction in funds or service levels or may be terminated. · C. - In the event that insufficient funds are appropriated; this Agreement may be canceled at any time by either pa~Y; by giving thirty (30) days wriben notice to the other par~y. ARTICLE 11. NOTICES All notices pertaining to this Agreement, and any communications from the parties may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: To CITY: To AUTHORi ~'TY: City of Tustin Orange County Transportation Authority P.O. Box 1089 550 South Main Street 300 Centennial Way P.O. Box 14184 Tustin,.CA 92780-3767 Orange, CA, 92863-1584 A'FTENTION' Jim Box AT'T=_NTION· Rebecca Potter (714) 573-3349 Procurement Administrator (7'~ 4) 560-5619 ARTICLE 12. TERMINATION Any of the par~ies may sance! this Agreement Dy giving thirty (30) days written notice of said cancellation to the other party. In the event of te,mnination or cancellation for any reason, CITY, shall Page 5 of 5 l0 14 20 24 26 AGREEMENT 8-01 98 pay'AUTHORITY for services rendered up to the effe~ive date of such termination. CITY shall be liable for any and all reasonable costs.incurred by AUTHORITY as a result of such cancellation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first '. above written. CITY OF~IN Director of Parks & Recr~-~ion APPROVF_~.AS,T,Q FORM:_ ~=: ~ ~ Ci~'~/Attomey~/ //~/ ORANGE C¢~INTY TRANSPORTATION AUTHORITY Iisa Mills hieft~xecutive officer APPR' ~~-' .P~TOFORM: Kenn~rd R. Smart, Jr. General Counsel ..,REEMENT NO. C-8-0198 EXHIBIT A o. 'STATEMENT OF SERVICES FOR CITY. OF TUSTIN SENIOR TRANSPORTATION · 1. . . . . . The AUTHORITY, through-SUBCONTRACTOR, shall provide special agency transportation service to the following senior centers for the purpose of community meals and related activities: Tustin Senior Center, 200 C Street, Tustin service shall commence on July I 1998 when = contract is .xe..ut..d between the AU'FHORITY and the contracting CITY. Contracts not executed within thirty (30) days after the effe~ive date shall result in an interruption of service. The AUTHORITY, or its SUBCONTRACTOR, upon approval and dire=ion by the AUTHORITY, shall schedule and operate a vehicle or vehicles Monday through Friday within the hours mutually agreed upon by the Authority and the senior center. The service level will be determined according to the provisions stated in .ARTICI = -o "Availability of Funds", found in Agreement No.. C-E-0198. The AUTHORITY at its discretion shall assign vehicles it deems necessary for this trans:)ortation. The model and configuration of the vehicte may vary from time to time. . The vehicles are not for the sole pu ,r'pose of the senior transportation and there may be ACCESS rides booked on the routes. The CONTRACTOR, upon approval and dire=ion of the AUTHORITY,, shall assign any equipment it feels appropriate for the needs of the ciient and reserves the right to reassign both equipment and drivers as needs may occur either for the passengers or for AUTHORITY scheduling. The AUTHORIT'Y or its CONTRACTOR, upon approval and direction of AUTHORI ~'P¢, shall deny transportation to any passengers who may pose a danger to themselves, other passengers or the drivers or who may require special handing beyond 'the scope of the driveffs responsibility and/or training. Ail rides provided shall be on a space avaitaiale basis. Geographic considerations may affect the AUTHORITY's ability to schedule riders. Passengers using transportation se,~,ices under this Agreement are subject to all policies and procedures applicable tc ~u ~ ~,~RITY paratransit se~ices. The' AUTHORITY reouires treat all passengers be ready for the trans,Dor~ation vehicle at the scheduled pick us time. The drivers sr~all wait only five minutes after the scheduled time. If the passenger is not ready witnir, this time ti~e driver must proceed to the , . r....ora..c as a o Show". The CIT'Y will be billed for lo~.ation and the :;assenoer wit', ~e =~ '~ ~ "N all "No Shows" at the rate of S2.3~ each. R F~:y~3u."ty3)e.ctr '_ '~,AMM,~,~len=aAWorcDro:V',GREE~agSOlgSa .-'age I o? -~ _.EMENT NO. C-8-0198 EXHIBIT A 10. 11. 13.' 14. 15. .o Cancellations must be called in or faxed to SUBCONTRACTOR before 5:00 p.m. on the day prior to the trip. The fax number is (714) 741-3235. Same day cancellations will be handled as a "No Show" and the CI ~'FY will be billed at the same rate as "No Shows" for these tdps. The CITY has budgeted $8,488.00 for FY, 98-99. The service provided to the center(s) shall not-exceed this amount. The estimated number of trips for all centers from July 1, 1998 through June 30, 1999, is 4,185. The AUTHORITY does not guarantee that all trips budgeted for will be provided. If Agencies or CITIES hold seating for passengers who are not using the service due to vacation, extended illness, etc. the CI ~'FY agrees to pay ,$2.04 for the unused trip. A Report will be provided to the Gl i'FY on a monthly basis reflecting the number of trips used. Invoicing for the service will be on a quarterly basis within thirty (30) days after the third service month ends. PaymenTs must be made to A UTHOR.i ~-Pf within 30 days to ensure uninterrupted service. Any concern or issue regarding the contract, service, billing, etc. should be alr_,,~..d to ACOESS at (714) 636-7433. Client cards need to be completed before passenger rides. Holiday and closure schedule must be completed and returned to the AUTH'ORI~'F1/ eve,w 2 months. Failure to communicate a closure will result in the center being billed for the service. L:'..~AMIM~,C, ler, call,Wor~orc~'~G R~ g E, D1 Page 2 of 2 10 11 I: 13 14 16 24 AMENDMENT NO. 1 TO AGREEMENT NO. C-8-0198 BETWEEN · ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF TUSTIN THIS AMENDMENT NO. I is made and entered into this day of , 1998 by and between the Orange County Transportation Authority ("AUTHORITY") and the City of Tustin ("C.~ ~-h'"). - WITNES$'ETH: WHEREAS.. by Agreement No. C-8-0198 dated July I: 1998, AUTHORITY and CITY entered int~ a Contract for CITY, to purchase transportation services from AUTHORITY', for the pu~oses of providing a means fo: seniors to participate in the Area Agency on Aging (AAA) senior nutritional program; and WHEREAS, both parties have agreed to amend this Agreement to allow for several .~rogram changes as stipulated below; NOW THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that Agreement No. C-8-0198 is hereby amended in the following particulars only: !. Amend ARTICLE 8. TERM OF AGREEMENT. Page 4 of 6, line 6 to ..delete "Jui:y I, !998" as the effective date of.this Agreement and in lieu thereof inse~ "September i, 1998." 2. Amend ARTICLE 9. PAYMENT. to make the following changes: A. Page 4 of 5, lines 11 and 12, to delete "Eight Thousand Four Hundred Eighty- Eight Dollars ($8,488.00)" as the not to exceed amount and in lieu thereof insert "Seven Thousand Six Hundred Forty-Five (S7,545.00)." Page I of 2 11 12 13 14 15 16 17 lg 20 2] 25 26 AMENDMENT NO. 1 AGREEMENT NO. C-8.;0198 "September 1, 1998." 3. Amend Exhibit A "Scope of Work," as follows' A. Page I, paragrapi~ 2, to delete "July 1, 1998" and "September 1, 1998." · Page 4 of 6,' line 19, to detete "July 1, 1998" and in lieu thereof inse~ in lieu thereof inse~ -:3. Page 2, paragraph 11 delete in its entirety and in lieu thereof insert the following' 11. 'The CiTY has buciDeted $7,545.00 for FY 98-99. The serVice provided to the city(s) shall not exceed this amount. The estimated number of trips for all cities from September 1, 1998 tiqrougn Juhe 30,.1999 is 3 751. The AUTHORITY does not guarantee ~at alt triss budgeted for will .be provided. If Agencies or CITIES hold seating for passengers who are. not using the service due to vacation, extended illness, etc. the CI'FY, agrees to pay $2.04 for the unused trip. The balance of said Agreement remains unchanged. This Amendment No. I shall De made effective SePtember 1, 1998. IN WITNESS WHEREOF, tlqe parties hereto have caused this Amendment No. Agreement No. C-8-0198 to be executed on the daze first above written. CiTY OF TUSTIN Title By Name Title 1 to ORANGE COUNTY TRANSPORTATION AUTHORITY ~v Corey Creasey Section Manager- Procurement APPROVED AS TO FORM: By Kennaro P,. Smart, Jr. . General CoUnsel : '--AM M',-'":- ;.ER 1 ~AL~WDR'D= R C ,'-'~,,G R E=."LAM-=ND~AM 1801 gE, ='a=e 2 of 2 AMENDMENT NO. 1 TO AGREEMENT NO. C-8-0198 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF TUSTIN THIS AI'~ENDMENT NO. 1 is made and entered into this ~day of 1998 t:)y and between the Orange County Transportation Authority ("AUTHORI%Y") and the City of Tustin WlTNESSETH' WHEREAS, by Agreement No. C-8-0198 dated July I, !998, AUTHORi~' and C~ entered into ~ Con;tact for CI~ to purchase transpo~ation semices from AUTHORI~ for the pu~oses of Providing a means for seniors to pa~icipate in the Area Agency on Aging (AAA) senior nutritional program;and WHEREAS, both parties have agreed to amend this Agreement to allow for severa! program 2o 2~ changes as stipuiated beiow; NOW THEREFORE, it is mutually understood and agreed by AUTHORITY and CI ,,--v' that Agreement No. C-8-0198 is hereby amended in the following particulars only: 1. Amend ARTICLE 8. TERM OF AGREEMENT. Page 4 of 6, line 6 to delete "July I, 1998" as the effect~ive date of tills Agreement and in lieu thereof insert "September I, !998." 2. Amend ARTICLE 9..mAYMENT. to make the following changes: A. Page 4 of 6, lines 11 affd 12, ~o deie~e "Eight Thousand Four Hundred Eighty- Eight Dollars ($8,4B~.00)" as the not to exceed amount and in lieu thereof insert "Seven Thousand Six Hund -',~ ..... r..,, ~or~y-Five ($7,54=.00). Page i of 2 1 2 3 4 6 7 10 i! 14 16 17 lg !9 20 21 22 26 ! AMENDMENT NO. 1 AGREEMENT NO. C-8-0198 "September 1, 1998." '. 3. Amend F_xhibit A "Scope of Work," as follows: A. Page 1, paragraph 2, to delete "July I, !998" and in "September 1, !998." $. Page 2, paragraph .I I delete in its entirety and in lieu thereof insert the following: 11. The Cf]FY has budgeted '$7,645.00 for ~ 98,-99. The se~ice provided to the city(s) shall not exceed this amount The estimated number of Trips for all cities from SeptemDerl, 1998 through June30, 1999 is 3.751. The ALJTH©RI?Y does not guarantee that all trips budgeted for will be provided. If Agencies or CITIES h~id seating for passengers who are not using the service due to va~tion, extended illness, etc. the CITY agrees to pay $2.04 for the unused trip. The balance of said Agreement remains unchanged. This Amenciment No. I shall be made effemive September 1, !998. IN WITNESS WHEREOF, the pat. isa hereto have caused this Amendment No. 1 to Agreement No. C-8-0198 to be executed on the date first aPove written. CI']'~' OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORI ,'FY page 4 of 6, line !9, to delete "July 1, 1998" and in lieu thereof insert lieu thereof inser~ Bv Corey Creasey Section Manager- Procurement APPROVED AS TO FORM: By By Name Title Ker~nard R. Smart, Jr. General Counsel Page 2 of 2 10 11 12 14 15 16 1'2 lg !P 2O 21 23 25 AMENDMENT NO. 2 TO AGREEMENT NO. C-8-0198 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY . AND TH E CITY OF TU STI N , THIS AMENDMENT NO. 2 is made and entered into this 'i./ / day of ~¢,-,~_ , 1999 by and between the Orange County. Transpo~ation Authority ("AUTHORITY") and the City of Tustin " WITNESSETH: WHEREAS, by Agreement No. C-8-0198 dated July 1, 1998, as changed by Amendment No. I dated October 12, I..=8. AUTHORITY and CiTW ..nt..r..d into a Contract for CI ~'Pr' to purchase transportation services from AUTHORITY for the. purposes of providing a means for seniors to participate in the Area Agency on Aging (AAA) senior nutritional program; and WHEREAS, both parties have agreed to extend this Agreement for four monthS to continue senior transpo~ation semites; NOW THEREFO'RE, it is mutually understood and agreed by AUTHORITY and CITY that Agreement No. C-8-0198 is h=.=~,: amended in ,h.. following particulars only: 1. Amend ARTICLE 8. TERM OF AGREEMENT, Page 4 of 6, to delete in its entirety · and in lieu thereof insert the following' ARTICLE 8. TERM OF AGREEMENT l ne term of this .Agreement shall !:)e fourteen (14) months, commencing S..~t..mb..r I wn~n..v~, occurs last on October 31, 199~ !998 and expiring at the end of business or 5:00 p.m., ' '"' / / / Page I of 3 .1. 10 16 17 19 2O AMENDMENT NO. 2 AGREEMENT NO. C-8-0198 2. Amend ARTICLE 9. PAYMENT, to ~ake.the following changes: A. Page 4 of 6, lines 11 and 12, as changed by Amendment No. I., to delete "seven Thousand, Six Hundred Forty-Five Dollars ($7,645.00)" as the not to exceed amount and in lieu thereof insert "Ten Thousand, Six Hundred Sixteen Dollars and Sixteen. Cents ($I 0,616.16)." B. 1999 through October 31, 1999." 3. Page 4 of 6, line 21, to add "and for the period July 1, Amend Exhibit A "Scope of Work," as follows: A. fo flowing: "ARTI CLE 10." Page 1 of 2, paragraph 1, delete in its entirety and in lieu thereof insert the 1. The A'UTHORI.T'Y,' through CONTRACTOR, shall provide .special agency transpoAation service to the following senior centers for the purp3se of community meals and related activities: Tustin Senior Center, 200 C Street, Tustin AUTHORITY,' shall provide services to individuals designated by CI~'D¢ per AUTHORIT'¢'s contract with Area Agency on Aging. Page I of 2, paragraph 3, to'delete "ARTICLE 12" and in lieu thereof insert C. Page 2 of 2, paragraph. 10, to delete "(714) 74.1-3235" and in lieu thereof 1 inse~ "(714) 560-5914." I · D. Page 2 of 2, paragraph 11 delete in its enti.rety and in lieu thereof ins'e~ the 24 I~ followin~: 26 11. The CITY has budgeted $10,616.16 through October31, 1999. The service provided to the center(s) shall not exceed this amount. Th e estimated number of trips for all cities from September I, 1998 through O~,to)er 31, 1999 is 5,204. The AUTHORITY does not guarantee that all tri~s budgeted for will be provided. If Agencies or CITIES hold seating for passengers uvho are not 10 11 12 16 17 18 19 20 21 24 AMENDMENT NO. 2 AGREEMENT NO. C-8-0-198 using the service due ;o vacation, extended illness, etc. the CITY agrees pay $2.04 for'the unused trip. "quarterly." Page 2 of 2, paragraph 12, to delete "monthly" and in lieu thereof insert "560-5709." F. Page '~ of 7, paragraph 13 to deiete "a'~a '~/~" _ _ , ~,~v-,,~,~,~ and in lieu thereof inset1 The balance of said Agreement remains unchanged. Upon execution by both parties, this Amendment No. 2 shall be made effective July I, ! 999. IN WITN~'SS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. C-8-0198 to be executed on the date first above.written. THE CITY OF TUSTIN ORANGE COUNTY, TRANSPORTATION AUTHORITY, \\ C .--TAN"T'03 :~AMMDATA:_~AMM'.~.~: --R 12AL%WD P.D m RO ~'%AG RE =-%AM EN DV-CV'.gl:~ D 198.D CC Page 3 of 3 Corey Cre~sey Sectio.R-M-,a~ager ~ . APP/I~OVED AS'?~'FORM: · Kennard R. Sm'arl, Jr. General Counsel