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19-0917_AGE WELL SENIOR SERVICES_1st Amd to the Agreement FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY SAN JUAN CAPISTRANO AND AGE WELL SENIOR SERVICES, INC. This First Amendment to the Agreement("Agreement")dated July 1, 2016, is made and entered by and between the City of San Juan Capistrano, a municipal corporation (the "City,") and AGE Well Senior Services, Inc. (thereinafter referred to as "Contractor") on the k -clay of August, 2019. City and Contractor are sometimes hereinafter individually referred t as "P rty",and hereinafter collectively referred to as the "Parties." The Parties are exercising the f t(1)year of the five (5) year extension authorized by the Agreement pursuant to Section 1, upon adoption of this First Amendment, four (4) additional extension years remain. The Agreement is attached hereto an incorporated herein by reference, and is being amended as follows: 1 Section 1. "Term" currently states: "1. TERM. This Agreement shall commence on July 1, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement. Such terms maybe extended for up to five (5) additional years upon written agreement of both parties to this Agreement." Section 1. "Term" is hereby amended and replaced to read as follows: "1. TERM. This Agreement shall commence on July 1, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2021, unless sooner terminated pursuant to the provisions of this Agreement. Such terms maybe extended for up to four (4) additional years upon written agreement of both parties to this Agreement." 2. Section 4 "Payment" subsection (a) currently states: "4. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payments as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed fifty thousand nine hundred sixty-eight dollars and seventy-five cents ($50,968.75)from July I, 2016 through June 30, 2017 and fifty Page 1 of 3 thousand nine hundred sixty-eight dollars and seventy-five cents ($50,968.75) annually through June 30, 2020 for a total of two hundred three thousand eight hundred seventy-five dollars ($203,875.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Any terms or conditions set forth on Exhibit A which does not describe the work to be performed, the payment rates and terms, or the payment schedule have not been agreed to by the City and shall not be deemed a part of this Agreement." Section 4 "Payment" subsection (a) is hereby amended and replaced to read as follows: "4. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payments as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed a total of two hundred seventy-one thousand six hundred and fifty dollars ($271,650) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Any terms or conditions set forth on Exhibit A which does not describe the work to be performed, the payment rates and terms, or the payment schedule have not been agreed to by the City and shall not be deemed a part of this Agreement." 3. Exhibit A Section 5 currently states: "5 Trip Rate. The trip rate for senior transportation services shall be $12.73 per one-way trip for the period of July 1, 2016 through July 1, 2017. The trip rate will be $13.11 from July 1, 2017 through June 30, 2018, $13.50 from July 1, 2018 through June 30, 2019 and $13.91 from July 1, 2019 through June 30, 2020." Exhibit A Section 5 is hereby amended and replace to read as follows: "5. Trip Rate. The trip rate for senior transportation services shall be $12.73 per one-way trip for the period of July 1, 2016 through July 1, 2017. The trip rate will be $13.11 from July 1, 2017 through June 30, 2018, $13.50 from July 1 , 2018 through June 30, 2019 , $13.91 from July 1, 2019 through June 30, 2020, and $14.33 July 1, 2020 through June 30, 2021. Page 2 of 3 4. Section 18.5 is hereby added to the Agreement to read as follows: "18.5. SUPPLEMENT, MODIFICATION, AND AMENDMENT. No supplement, modification, and/or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties." 5. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect. In witness thereof, the Parties here to have executed this Agreement: City of San Juan Capistrano Contractor A California municipal corporation By: _ By: 4.4/ /147, B NJAMIN IEGE STEVEN MOYER, City Manager Chief Executive Officer ATTEST: $41..W, "-VC MARIA MORRIS, DANIEL C. PALUMBO, City Clerk COO APPROVED AS TO FORM: By '3 JEFF BALLINGER, City Attorney Attachments: Agreement dated July 1, 2016 Page 3 of 3