The URL can be used to link to this page

Home My WebLink AboutDEKRA-LITE 2A 1'>& . e AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sf. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. - - -- - - - - - - - - - - -- - - - - - - -- - - - - - - - - - - - - - - - - - - -- - - - - - -- - - - - -- - - - - - - -- " <III( .-oJ The a~_mei Wth r:;.. :z: <(::> was cOl.lete;t:.~ ~ - ,tic (p 170lDI A.. ;)DD Lr 309 ,No. , and final payment has been made. LI'\ I g i! " -',.'- 0""- e::: >-I.JJ l-....J .... (..) (.) Signature: (:..~:) Department: Date: Revised 8-7-03 City of Santa Ana Clerk of the Council A-2006-309 1- 9-tJ7 FIRST AMENDMENT TO CONSULTANT AGREEMENT FEB 0 5 zeDl O' tbft ()) [ b(Yl~) THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on November 20,2006, by and between DEKRA-LITE, a California corporation ("Consultant") 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 # N2006-112, dated November 1,2006, (hereinafter "said Agreement") by which Consultant has installed holiday lighting and banners on City property B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and increase compensation to pay for the additional servICes. WHEREFORE, in consideration ofthe covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section I, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall install, remove and store City owned decorations as set forth in Exhibit A to said Agreement. Additionally, Consultant shall install decorative lighting at the Depot in Santa Ana, as set forth in Exhibit A-I, attached hereto." 2. Section 2, COMPENSATION, shall be amended to increase compensation by $13,100, for a total not to exceed amount of$22,000 during the term of said Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: /~ (~;-<'~- PATRICIA E. HEALY Clerk of the Council +~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY:~A/;1'~p eif- Lau a Sheedy Assistant City Attorney DEKRA-LITE ~(~. MARK ROY jYJI/43 .5 ~'--'N C Vice President Gt..J)V'u'Yttk.. f11N-Ac../4 ~ 'VOEKRA-LITE ~~'l..d""h&'-~ 3102 W. ALTON AVE. SANTA ANA, CA 92704 PHONE: 714..436.0706 FAX: 714.436.0812 DATE PAGE: PROPOSAL BILL TO: SANTA ANA DOWNTOWN DEVELOP. 305 E 4TH STREET STE. 201 SANTA ANA CA 92701-4639 SHIP TO: SANTA ANA DOWNTOWN DEVELOP. 1000 E SANTA ANA BLVD SANTA ANA CA 92701 DANELL MERCADO PHONE (714) 565-4003 Ext. 0000 FAX (714) 647-6549 Ext. 0000 PO Number Cuslomer 10 SAN028 INSTALL DATE REMOVAL DATE OCTOBER 2006 Salesperson ID Shipping Method SJ INSTALL Payment Terms 50/50 Reg Ship Date 0/0/0000 Unit Price Quantity Item Number Description UOM 6 TREELTGMISC Palm Trees lit w/DL-22 Up Lights (3 per tree) Each includes all materials, manpower, and machinery for installation. Labor Installalion of] 98' 6" Low Voltage Each Archway and Fence Lights. Clear bulbs, black wire. Includes all manpower, and machinery required for installation. $1,585.00 LABORINST $2,418.10 Courtyard Area Subtotal Tax Freight Total we propose hereby tofurntsh Jlftl(iJct and/or tabor. completely In arcadance wtth above spedflcaOO1s, for tile sum of 50'16 DEPOSIT DUE UPON ACCEPTANCE OF PROPOSAL BALANCE AMOUNT OUE UPON INSTALLATION OR DEUVERY PRPO] 0400 9/22/2006 ] Master No. ]2,263 Extended Price $9,510.00 $2,418.10 $11,928.10 $431.47 $0.00 $] 2.359 57 $6,395.52 $5.964.05 GenenI 'hIl'1ns: The I)attleS agree to the folowing additional t.etrt'lS Of this contraCt A deposit Of 5O%iSduel.4XX'l exeeutbn of this COntr3ct with tflebalance dueonttleinstallatb'l date or deIvefy date Lnlessspecifled atx:r.oe. AI reQUeStedctl3f'1Qe$ to the abOvlHleso1JEd work WIDe subjeCt to additlonaI charges. Cancel!aticns and redl.lCt:ions,n, subject .toa 3000 restoddng fee. Atri amotxltnot paid wtlen due, is subject to a late charge of 1,5% per mcmh!1B% per annum). Owrtel" is responsible forPl"ClYldngandmaintairWlg ~ electrical outlets: adjaeent tottle ~ lOcatIons forftdecOr.1tionsand buiklinglightS. Dekn.utel$l'!Otresponslbleforanv~damagedor leSt due to vaooatism, extreme weather cmdItions, or acts of God and wiI make efforts to replace such procJuct for an adlitional Charge. All dates spe(iRed are Slbject to change due to hclemer1t weather. Oekra-Ute WVI replace 9I'fI( malfLnctioning prJJduct but does I'ICt ouaramee that each n1Mdual tamp wIIl1g/'l't durInq the entire instaBed period. This Contract ~ governed I1y CaifornIa laW and Is the entire COlltract between the JWties;, SUPerSedng all prior COl'IYeI'Satlons and writi'IgS between the parties, In the event of a dispute 2I'ising out of this Contract. tt'oe parties 5haII arb/tram in 0ranQe. Countv before a single arbltratO'" selected through JAj,tSJENJISPUTE, hrtI judgement \JPOI1 the award rendered by the arbitrator IT'l<lV be entered in am court having .itJrisdJction t:t\ereof The prevailing party in artlitT<ltlon sha~ be entitled to its reasonable attorneys' fees and cos~ S J o;g;toIIy_b-tSl-._ tacey ordan :~~:'-~- If not accepted withln days, this proposal may be withdrawn Delcra-Ute ~t...,Q, of ~ The i'ldMclual sIonin!;l this COntract accepts the ~ Proposal and certlfleS to DekrHite that he or she is authorized to enter 1000 tt1ls Contract on behalf of OWner. Date: Property Owner: AuthoriZed Agent: By EXI-If A ~ ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDlYYYY) -._______TM 10/13/2006 PRODUCER (626)275-3000 FAX (626) 275-0130 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Golden Pacific Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 181 W. Huntington Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Monrovia CA 91016-3494 INSURERS AFFORDING COVERAGE NAIC# !NSURED INSURER A: Golden Eaale Ins Corn 10836 Dekra-Lite Industries, Inc. INSURER B: 3102 W. Alton Avenue INSURER c. Santa Ana, CA 92704 INSURER 0: INSURER E" COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTANDING ANY 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. I~~:I~~~~ TYPE OF INSURANCE POLlCY NUMBER P8Al{~~~~68;W)E Pg~lf:I~,h~;;!gN LIMITS ~NERAL LIABILITY EACH OCCURRENCE , 1,000,000 X COMMERCIAL GENERAL LIABILITY ~~~~J7E~~~E~ncel , 100,000 A l CLAIMS MADE W OCCUR CBP8139450 4/9/2006 4/9/2007 MED EXP IAnll one ""'rson) , 5,000 J-.!- deductible -0- PERSONAL&ADV INJURY , 1,000,000 I-- GENERALAGGREGAiE , 2,000,000 rilLAGG:nE ~~~ nES PER: PRODUCTS-COM~OPAGG . 2,000,000 X POUCY JEeT LOC [JOMOBILE UABIUTY COMBINED SINGLE LIMIT X ANY AUTO (Eaaccidenl) , 1,000,000 A ~ I ALL OWNED AUTOS CBPS13 $1450 4/9/2006 4/9/2007 BODILY IMJURY (Per person) . I- SCHEOULED AUTOS I- HIRED AUTOS BOOIL Y INJURY , I- NQN-QWNED AUTOS (Peracciclent) I- PROPERTY DAMAGE , {Per3ccident) RRAGE L1ABIWTY AUTO ONLY - EA ACCIDENT . AN( AUTO OTHER THAN EA Ace $ AUTO ONLY: AGG $ t~rSSlUMBRELLA LlAB1UTY EACH~rURRENCE . 2,000,000 X OCCUR D CLAIMS MADE AGGREGATE . 2,000,000 . A ~ ~EDUCTiBlE CUS13$1650 4/9/2006 4/9/2007 . X RETENTION $10,000 . WORKERS COMPENSATION AND I T~~fIfJNs ! 10TH. EMPLOYERS' LIABILITY ER ANY PROPRIETORlPARTNERIEXECUTIVE E.l. EACH ACCIDENT , OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $ If yes, de$cribe under SPECIAL PROVISIONS below E.l. DISEASE. POliCY LIMIT . A OTHER Equipment Floater CBP81B450 4/9/2006 4/9/2007 Leased/Rented Equip. 50,000 Hired Physical Damage Lind t 50,000 DESCRIPTION OF OPERATlONSlLOCATIONSNEHICL.ESIEXCL.USIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS City of Santa Ana, its officers, employees I agen ts, volunteers and representatives are included as additional insured as respects to the insureds operations and ONLY if required by written contract per the attached endorsement. 30 days Noe except 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001l0B) lN$025 (0108).06 AMS SHOULD ANY OF THE ABOVE DESCRlSED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL }G.)6~*:)( MAIL. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~X X;l'~~~~~)(r)t.)(~l<.lli\(i\\~il!X ~~~~~ -~-::::!---- ----.. City of Santa Ana Attn, Dane11 Mercado 20 Civic Center Plaza, M-25 Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE Fritz Mutter/MER @ACORD CORPORATION 1988 Page 1 of2 ~ ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Golden Eagle Insurance Comppny This endorsement modifies such insurance as is afforded by the provisions of Policy # CBPB139450 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 l; its officers, employees, agents, volunteers and representatives are named as additional insured ("additional insured") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the narned insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person Or organization as an insured shall. not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective) Effecti ve Policy # Issued to 10/13/06 CBPB139450 Dekra-Lite Industries, , this endorsement form as a part of Countersigned by Exhibit 5, Page 2 of 4 ~ 7)2-