20A - AA - AGMT - ELDERLY AND DISABLED TRANSIT GRANT

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Standard Agreement DOT -213 City of Santa Ana 642572 Page 23 of 29 EXHIBIT C capacity of fifteen (15) or less, or one million five hundred thousand dollars ($1,500,000) per occurrence for bodily Injury in respect to vehicles with seating capacity of sixteen (16) or more. c. Vehicle Physical Damage: The CONTRACTOR shall place Vehicle Physical Damage, including collision and comprehensive (fire, theft, ate.) insurance for amounts equal to the actual cash value of each vehicle and any other equipment that is part of the PROJECT equipment, with deductibles acceptable to the STATE. This insurance shall include a provision designating the State of California, Department of Transportation as the Loss Payee for all purposes of adjusting, settling, or paying claims for damage to the Insured vehicle(s). 51. Excise Tax. The State of California Is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The STATE will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax Imposed by another state. 52. Potential Subcontractors A. No Relationship Between STATE and Third -Party Contractor. Nothing contained in this Agreement or otherwise, shall create any contractual relation, obligation or liability between the STATE and any third -party contractors, and no third -party agreement shall relieve the CONTRACTOR of his responsibilities and obligations hereunder. The CONTRACTOR agrees to be as fully responsible to the STATE for the acts and omissions of its third -party contractors and of persons either directly or Indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONTRACTOR. The CONTRACTOR'S obligation to pay its third -party contractors is an Independent obligation from the STATE'S obligation to make payments to the CONTRACTOR. As a result, the STATE shall have no obligation to pay or to enforce the payment of any moneys to any third -party contractor.. B Third -Party Contracts and Subagreements Affected. To the extent applicable, Federal requirements extend to third -party contractors and their contracts at every tier, and to the subcontractors of third- party contractors and their subagreements at every tier. Accordingly, the CONTRACTOR agrees to includo, and to require its third -party contractors to Include appropriate clauses in each third -party contract and each subagreement financed in whole or in part with financial assistance provided by FTA. C. No Federal Government Obli ag tions to Third Parties, The CONTRACTOR agrees that, absent of the Federal Government's express written consent, the Federal Government shall not be subject to any obligations or liabilities to any contractor, any third -party contractor, or any other person not a party to the Grant Agreement in connection with the performance of the PROJECT. Notwithstanding any concurrence provided by the Federal Government in or approval of any solicitation, or third -party agreement, the Federal Government continues to have no obligation or liabilities to any party, Including the CONTRACTOR or third -party contractor. D. Obligations on Behalf of the STATE. The CONTRACTOR shall have no authority to contract for or on behalf of, or Incur obligations on behalf of the STATE. E. STATE Approval of All Third -Party Contracts. The STATE shall approve in writing all proposed third - party contract agreements. Memorandums of Understanding (MOU), or similar documents relating to the performance of the Agreement prior to implementation. The CONTRACTOR agrees that it will not enter into any third -party contracts unless the same are approved in writing by the STATE. Any proposed amendments to such third -party contracts must be approved by the STATE prior to implementation. G f. 20A -28 Rev. 03/25/2014