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HomeMy WebLinkAboutVIDEO ENGINEERING SERVICES (THOMAS BYSTRY) (2)INSURANCE NOT ON FILE WORK MAY NET PROCEED CLERK OF COUNCIL. A-2015-096-02 DATE: �%/� SECOND AMENDMENT TO AGREEMENT WITH THOMAS BYSTRY DBA VIDEO 0:C.1110 0), (Dais�t ��caz��• ENGINEERING SERVICES THIS SECOND AMENDMENT to the above -referenced Agreement is entered into on June 10, 2020, by and between Thomas Bystry dba Video Engineering Services, a sole proprietor ("Consultant"), N and the City of Santa Ana, a charter city and municipal corporation organized and existing under the o Constitution and laws of the State of California ("City"). .• RECITALS z A. The parties entered into an Agreement No. S-2015-096 dated June 2, 2015 to provide video engineering services for City Council Meetings, the Mayor's State of the City Address, as needed video engineering services and technical expertise for purchase, installation and maintenance of audio and video equipment in the City Council Chambers and other City conference rooms ("Agreement"). B. On April 13, 2018, the City exercised the Yost (of two) optional one-year extensions. This extended the term of the Agreement from July 1, 2018 to June 30, 2019. C. On May 21, 2019, the parties amended the Agreement to add $15,000 to the rest of the current term (ending June 30, 2019) and an additional $15,000 for the last optional one-year extension. The total annual not to exceed amount for each optional extension was $80,875 and the total Agreement not to exceed amount was $359,375. The parties also extended the agreement tenn from July 1, 2019 to June 30, 2020. D. The City has issued a Request for Proposal ("RFP") for video engineering services but due to the current local emergency related to COVID-19, the process has been delayed. Additional time is needed to complete the RFP process and it is imperative that the City be able to continue to stream live City Council meetings and other City Board and Commission meetings during the local emergency. E. Pursuant to Section 5A of the City of Santa Ana's Resolution No. 2020-16, an emergency declaration adopted by the City Council on March 17, 2020, allowing for extension of City services necessary for the continuing operation of City services, the City of Santa Ana seeks to extend this Agreement for an additional three (3) months until September 30, 2020 and add additional funds to cover services during the extension period. The Parties therefore agree: Section 2a, COMPENSATION, is amended to increase the compensation by not more than twenty- five thousand dollars ($25,000). The total agreement amount shall not exceed $384,375 during the term of this Agreement. 2. Section 3, TERM, is amended to extend the term from June 30, 2020 to September 30, 2020, 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement as amended shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST DAISY GO Clerk ofthe APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: d a1Arl9 A . Re�o�+� LAURA A. ROSSINI Acting Chief Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Thomas Bystry dbaVVitmgmeering Services Page 2 of 2 xN MZ Phone:(714)647-5420 Fax:(714)647.6944 CERTIFICATE OF LIABILITY INSURANCE 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(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 statementon this certificate does not confer riahts to the certificate hnIder in U.,, of Ruch Andnrae,wnnuaL PRODUCER Triton of Calif Insurance Services, Inc. 6000 San Juan Avenue Fair Oaks, CA 95628 License #: OF41767 INSURED TOM BYSTRY DBA: VIDEO ENGINEERING SERVICES 14 APPOMATTOX IRVINE, CA 92620 .___ INSUAER(81 AFFORDWp COVERAGE COVERAGES CERTIFICATE NUMBER: 00003962.9368 REVISION NUMBER • 30 THIS IS TO CERTIFY T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD STT INDICATED. NOTWITHSTANDING ANY REQUIREMENT. OROTHERDOCUMENT WITH RESPECT TO WHICH THIS TH INSURANCE NCEOR CERTIFICATE ANY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE AFFORDEDTHE POLICIES UCIED DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAIDCLAIMS. E INBR TYPE OF INSUUINCE L81R! POUCYNUrmER PSI C�V ETP-1 POIIt;Y —.._ .. UNITS ... A X coMNERcw-oeJERALLIAen/rr Y MP0004009006721 o2IDir2020 02lOtr2021 EACH OCCURRENCE i 1000000 Dews MADE OCCUR Edam 6 100000 MED E%P aw f 5,000 PERSpML S AVJ INJURY f 1,000,000 UNTAPPLIEB PER: GE4ERMAGQKQATE f 2000000 GENLACAREQAIE PoLICY O PJECR0.T ❑ 6 2,000,000 La i PRODVOTs-wNP, AGG It OTHER AUTOMOe1LEL1A91UTY COM& 1 0 6 ANY AUTO BODILY MUURV(Wrperm) 6 ONNED SCHEDULED BODILY VARY (PN AtadNq f AUTOB ONLY AUros HIRED NON OV-RJED PRDPERTYDAAWGAGE..._. AUTOS ONLY AUTOBONLY f r f UMBRELLA LUUI BUR F.,ACH OCCURRENCE f EXCESS JAB CWMSAMOE I I AGGREGATE IMI IRETENTION3 6 VA)WfSRBcOMPEWATION pEp IAND EMPLOYERS' LL49NM YIN I E.L EACNADDIDENr i AN1'PROPRIETORRgRiNER1p�Cl/TIVE ovncsR.M I EXCLUDED?1 MIA EL DISEASE -EA EMKOYU 6 (1.4nC.tery n Hl i NHi IIyes,dsuNa uMx E.L DI8EABE-FOLICY LwR i DFSgE1PnON OF OPnPAT IONS Mbv OESCRIPnON OF OPEMTM)NSI LOCAnON6I VEMDLE.B IADORD 101, Adtiew,a RmuMe f[MduM. mfY b NbcMO N nlMspsu M MRuhdl The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; Its officers, employees, agents and representatives are named as additional insureds per CG2010 attached to this policy. The Insurance is primary and non-contributory. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation CERTIFICATE HOLDER 0., D:-I, AA.....-.....,. r1:.a6IAORI I ATIAN City of Santa Ana FE �2020 Risk Management Division EREOF, OTICEWILLANY OF THE ABOVE DESCRIBEDGHES BEDELIVERED IBE N��F THEJIXPIRATIONDTTH ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4 SANTA ANA, CA 92702 ANgiE ACEvEdo p 77E CPR ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo am registered marks of ACORD Pnnted by CPR on January 22, 2320 at 11:54AM POLICY NUMBER: MPOOD4009006721 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations THE CITY OF SANTA ANA RISK MANAGEMENT; ITS OFFICERS, VARIOUS EMPLOYEES, AGENTS AND REPRESENTATIVES PO BOX 1988 M-16 SANTA ANA, CA 92702 if not shown above, will A. Section II — Who Is An Insured is amended to Include as an additional Insured the person(s) or orgenization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: I. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which tA�`1yED APPROVED required by the contract or agreerrjotRrIJA MANAgEMENT DWSioN provide for such additional insured. FEEA3 D 2010 ANGiEACC,EVEdo CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, REVIEWED & APPROVED By Risk MANAGEMENT DivisioN FEB,� 0�020 AN✓GIE ACEVEdo Page 2 of 2 0 Insurance Services Office, Inc.. 2012 CG 20 10 0413 POLICY NUMBER: MP0004009006721 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other Insurance: and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional Insured. REVIEWED & APPROVED By RISk MANAGEMENT DIVISION F 1 2020 ANOE ACEVEdo CG 20 0110413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Tom Bystry dba Video Engineering Services 915 Wycliffe Irvine, CA 92602 January 29, 2020 City of Santa Ana Risk Management Division 20 Civic Center Plaza, Santa Ana, CA 92702 Re: Auto Insurance & Errors and Omissions Insurance Dear City of Santa Ana Risk Management Division: 1, Tom Bystry, dba Video Engineering Services, hereby release the City of Automobile Liability. I do not use/drive any vehicle during the course and scope of my course/instruction class. Additionally, I am not a licensed professional and will not employ a licensed professional during the course of my contract. During the term of my agreement from July I, 2019 through June 30, 2020,1 will he providing video engineering services for City Council meetings, the Mayor's State of the City Address and as needed services for the purchase and installation and maintenance of audio and video equipment for the City of Santa Ana. Sincerely IG Tom Bystry, IF dba Video Engineering Services REVIEWED & APPROVED By Risk MANA4EMENT DNISION FE2020 B0 ANriE cFdEdo