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Home My WebLink AboutSOFTMASTER 1D - 2005 , 1N5\1Rr.ll.l ON FILE WORK 11".,( PROCEED UNTIL 1I,~uRANCE EXPIRES '7-/-17' CLERK OF COUNCIL DATE: I -, tf - 0 ~ A-2005-304 FOURTH AMENDMENT TO AGREEMENT /}W tv)...> r1-~,jc>1 ,j-{ THIS FOURTH AMENDMENT TO AGREEMENT is entered into on December 5,2005, by and between SoftMaster, Inc, ("Vendor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-200I-256, dated December 18, 2001, (hereinafter "said Agreement") by which Vendor has provided information technology services as needed by the City. B. In accordance with the terms and conditions of said Agreement, the parties wish to renew said Agreement for an additional one-year period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. Section 1, TERMS AND CONDITIONS, shall be deleted in its entirety and replaced with the following: "The term of this Agreement shall commence December 18, 2001 and terminate when allocated funds have been fully expended. All terms and conditions more fully set forth in: (a) The City's Request for Proposal ("RFP"): "Temporary Technical Contract Service Persons and Consulting Services", issued November 02,2001 (Exhibit A to said Agreement) (b) The Vendor's Proposal, dated November 26, 2001 (Exhibit B to said Agreement) shall have full force and effect in this Agreement." 2. Section 3, COMPENSATION, shall be amended by deleting the first paragraph thereof and replacing it with the following: "The City will pay to all Vendor's supplying information technology temporary personnel and consulting services, a total amount not to exceed $2,850,000 during the period commencing January 1,2006 until allocated funds have been expended. Said total amount shall be divided among all such service providers at the City's sole discretion." 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Consultant Agreement on the date and year first "-Titten above. CITY OF SANTA ANA ATTEST: .. a&2 DAVID N. REAM City Manager PATRICIA E. HEAL Y Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney >if "'/ ' , . ..~ _ 1,_ r _ -. / By. ~ ~A.'i}'//V'"<Y-k.'-7 Laura Sheedy . Assistant City Attorney SOFTMASTER, INC. ~ (Name) >e1~tfG /2 C/IC~ (TItle) c~ . ["'c-cj' ;4 -,.o~5' - J j 'j :, I' ., 'z l:w I';' r~ i . ri: i .: " ':1 I ~ I:' I " j n., iACORD~ CERTIFICATE OF LIABILITY INSURANCE RP~1 DATE P4SA 01-10-2006 __ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION STUCKEY & COMPANY/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 539645 PI(866)467-8730 FI (877)538-8526 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, ,PO BOX 29611 INSURERS AFFORDING COVERAGE 'CHARLOTTE NC 28229 INSURED INSURER A: Hartford Casualtv Ins CO I. , I.. . .' INSURER B: CB ASSOCIATES LLC& SOFTMASTER, INC INSURER c; 20640 E. OAK CREST DR. INSURER D: DTAMOND BAR CA 91765 INSURffi E; C(lVERAGES ~H"PllllCI" ClFINSURANCE lISTEDBELOW HAVE B"EN ISSUED T01HE INsuRED NAMED ABOVE FOR 1 HE POL CY PERiOD INDICATED. NOTWITHSTANDING ~NY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "l if':::' :"q;<:,~ ::'~,!t! r~!!:;; ,~l TYPE OF fNSlIlANCE : ' I GENERAL L/ARm' Ai.. ~MERCIAL GENERAL UABIUTY : i. ~ CLAIMS MADE 00 OCCUR , , ~ Business Liab I GEN'L AGGRE~ UM: AP~ PER: nPOucv1lm \XILOc A ~I AUT:;::::os SCHEDULEo AUTOS' X HIRED AUTOS 4 NON OW"," AUTOS . I POLICY MJMBER 1J1}!G.YEFfECTNE ~Yf!EXPfRATfDN UMrrs 84 SBA BX4625 EACH OCCURRENCE .2.000 000 07/01/05 07/01/06 FIRE DAMAGE IAnv ona fila) .300 000 MED EXP (Anv ana palson) .10 000 PERSONAL &; ADV INJURY .2 000 000 GENERAL AGGREGATE .4.000.000 mOOUCTS - COMPJOP AGG .4.000 000 07/01/05 07/01/06 COMBINED SINGLE UMIT .2,000,000 IEllllcoident) BODllVINJURY . (P&lpelson) BODILY INJURY . (Parllccidant) mOPERTY DAMAGE . lPeracoident) 84 SBA BX4625 ,( n~GE UABfLFrV H ANY AUTO _ ' ~E.sS LfA8IUTY W OCCUR 0 CLAIMS MADE h DEDUCTIBlE H RfTENTION $ '; WORKERS'cOMPENSATTONAND , EMPLOYERS'tJABIUTY I -- AUTO ONLY - EA ACCIDENT . OTHER THAN AUTO ONLY; EAACC $ AGO $ EACH OCCURRENCE AGGREGATE . . . . . I ~~~T~r.!J;, I IO.I~- EL EACH ACCIDENT $ E.l. 01SEASE - EA EMPlOYEE $ E.L. DISEASE - POUC,," UMIT $ OTHEIl DESCRlPnoN OF- OPERAT1DNSIl.OCATKJNS/VEHICLES/EXaUSlONS ADDEDBY EMJORSEMENf/SPEClAL PROVfSfONS Those usual to the Insured's operations. Coverage is primary & non-contributory per the Business Liability Coverage Form SS0008, attached to this policy. The City of Santa Ana, its officers, employees, agents and volunteers are Additional Insureds per the Business Liability Coverage Form 560008. C=~TIl=!CA""'E HOLDER I X I ADomONAt fNSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENTI TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR lIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENT A liVES. The city of Santa Ana, Its Officers, Employees, Agents and Volunteers :20 Civic Center Plaza : Santa Ana, CA 92701 ~}:;,REPRESENfAnVE ] .. ' ,"", F8R '-'~-.. , i ..nDvnvED t.'; '..' I.d:.. \.. ACORD 25.S 17/971 ~3._. Laura "lll< hcedy :Assistant City Atlorney ~ACORD CORPORATION 198B . I [0 I ii- '-:1\ ,.1 f.:jk - - - .. - - - - - - - - - .. - - - .. - - ... - ..... - - .- - .. .... - - - - - - - IilIiIIII - Il9i - - - - iii ; / / -- 't'/ '::!iii " W~ Ii .~ '~It I ::'!!;: , - POLlpV NUMBER: 84 SBA BX462.5 z THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION ~ CITY OF SANTA ANA ~ ITS OFFICERS, EMPLOYEES, AGENTS & VOLUNTEERS rl 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 rl '" rl '" '" N '" ... >< III ... "" '" '" '" rl '" .,. AEGIS CONSULTING, ANDREW SEBOK 24 PEMBROKE LANE LAGUNA NIGUEL, CA 92677 SAN JOE PARTNER 2515 CHAMBERS RD . TUSTIN, CA 92780 AMGEN, INC. ONE AMGEN CENTER DRIVE THOUSAND OAKS, CA 91320 PRO UNLIMITED, INC. 10370 OLD PLACERVILLE RD. STE. 100 SACRAMENTO, CA 92827 PETERS CANYON CENTER OWNERS ASSOCIATION/ PSG ENTERPRISE 5030 CAMPUS DRIVE NEWPORT BEACH, CA 92660 Form IH 120011 85 T SEQ. NO. Otb ,d'tt'Min U.S.A. Process D!lttn~.aOYJOl;) AS ~ ~/~ UW COpy Laura Stltt Sheedy Assistant City Attorney Psgs 001 Expiration Dste: ~ , , :1 II I, ',I Ii II Ii ! 'II 'I I' II I 07/01/06 II , // // , / ,~CKEY & COMPANY/PHS / //0 SOX 29611 ,:/ CHARLOTTE NC, 28229 (J) The City of Santa Ana, Its Officers, Employees, Agents and Volunteers 20 civic Center Plaza Santa Ana, CA 92701 I 1 I: j:: i ,:il' "1\ / () ij IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(jasl must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sJ If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement A statement on this cenificate does not confer rights to the certificate holder in lieu of such endorsement(sl. DISCLAIMER The Certificate of Insurance on the reverse side of this form does 'not constitute a contract between the issuing insurer{sl. authorized representative or roduc r, and the certificate holder. nor does it affirmatively or negatively amend, extend or \PP v m6il:feF licies listed thereon. ACORD 25:S 17/~ -s:!? Laura Stitt SLoedy . "istant City Attorney " " ~'/ ~ ~/softt>'laster, Inc, /' Acord Certificate (page 1 af 1) 12122/20053:16:46 PM ~... ~ ACORDm CERTIFICATE OF LIABILITY INSURANCE 1 DATE 12122/2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION TECHlNSURANCE.COM ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 604 W,Bethany Drive SuIte 208 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Allen, TX, 75013 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (800) 668-7020 INSURERS AFFORDING COVERAGE INSURED INSURER" L1~ds SoftMaster, Inc. INSURER B: 23 Peters Canyon INSURER c: Irvine, CA 92606 INSURER 0: INSURER E: COVERAGES c-; THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED-TO THE INSURED NAMED ~OVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING NoN REQUIREMENT, TERM OR CONOmON OF Nf'( CONTRACT OR OTHER DOCUMENT\MTH RESPECT TO w-tlCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOmONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 11!'l~ TYPE OF INSURANCE POUCY NUMBER POUCY EFfECTIVE ~~ EXPIRATION LlMlTll ~ERAL UABIUTY EACH OCCURRENCE . - D~ERCIALGENERAl..L1AB1LITY FIRE DAMAGE (Anv one flTIll . - ClAIMS MADE 0 OCCUR MED EXP Ib..... one '") . - PERSONAL & NJV INJURY . i-- GENERAL AGGREGATE , ~'LAG~n~IMIT AF'nPER: PROOUCTS. COMPIOP AGG . PlX.lcY I ~~.9r LOC ~TOMOBILE LIABn.1"N COMBINEO SI/LE LIMIT . - NoN AUTO (Eaeecldent) - ALL OWNED AUTOS BODILY INJURY . - SCHEDULED AUTOS (PlIl"pe~on) - HIREPAUTOS BODILY INJURY . i-- NON-OI,,',,1\lEDAUTOS (perlc:ddent) PROPERTY DAMAGE , (Peraec:ldent) ;=rGELlAOILlTY AUTO ONLY .EAACCIDENT . AN( AUTO OTHER THAN EA AOC . AUTO ONLY: AGG . EXCESS LIABILITY EACH OCCURRENCE . ~::r~CCUR 0 CLAIMS MADE AGGREGATE . . R DEDUCTIBLE . RETENTION . . WORKERS COMPENSAnON AND WCSTATlJ.~ I IO~ EMPLOYERS' LtABlUTY E.L. EACH ACOlOENT . E.L DISEASE. EA EMPLOYEE . E.L. DISEASE. POLley LIMIT . GTHER CLAIMS-MADE SI,OOO,ooO A PROFESSIONAL LlABIU1Y SEN200519103 12/24/2005 1212412006 OCCURENCE (Errp~&ClnIlnlon'l AGGREGATE $1,000,000 FIDELITY BOND EACH OCCURRENCE (ThlrdPlrtyEmployuDllhoneat)') DESCRIPnON OF OPERA nONSIlOCATlONSlVEHICL.El5IEXCLUSlONS AODED BY ENDORSEMENTI5PECIAL PROVISIONS APPROVED AS TO FORM ...?tJ~ .J1. , I Lalfra Slit! ShCt~ Assistant City Att ney CERTIFICATE HOLDER I I ADDlnOtW.1NSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANcelLED BEFORE THE EXPIRAT10N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTlFICA TE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 so SHALL IMPose NQ OBLIGATION OR LIABILITY OF ANY KIND UPON lltE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE It!:-...~ ~'-- . - )lCORD 25-5 (7/97) @ACORDCORPORATlON1988 ('