Loading...
HomeMy WebLinkAboutTELFORDS 2A - 2008A-2008-271 ~ •~ ~~ L. INSURANCE NOT REQUIRED ~,-WORK MAY PROCEED CLERK OF COUNCIL FIRST AMENDMENT TO AGREEMENT DATE: pCr 2 ~ 2008 ~ THIS FIRST AMENDMENT TO AGREEMENT, is entered into on October 6, 2008, nil 2008, by and between TELFORDS, a partnership (hereinafter "Consultant"), and the City ~~ ~ `,/ Cz~ of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into Agreement # A-2007-146, dated June 18, 2007, (hereinafter "said Agreement") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and increase compensation to pay for services during the extended term. 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 First Amendment to Agreement, the parties agree as follows: Section 3, "Term", shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on September 30, 2009, unless earlier terminated in accordance with Section 13, below. The term of said Agreement may be extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. The City shall have the option, at City's discretion, to renew this Agreement for up to three (3) additional one-year periods." 2. Section 4, "Compensation, shall be amended to increase total compensation by $3,590,000.00, to pay for additional services provided during the extended term of said Agreement. Said Section 4, shall read in full as follows: "a. The City agrees to pay, and Consultant agrees to accept as total payment for its services pursuant to this Agreement, the rates and charges set forth in Vendor's Cost Proposal, attached to said Agreement as Exhibit B. City will determine, in its sole discretion which projects will be assigned to Consultant. Total compensation payable to all vendors for Temporary Technical Contract Service Personnel under this Agreement shall not exceed $3,590,000.00, during the one-year term commencing October 1, 2008. Said total compensation shall be divided between any and all of the Vendors selected by the City, as determined at the City's discretion. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed and/or products purchased, subject to City accounting procedures. Payment need not be made for work that fails to meet the t '. standards of performance set forth in the Recitals which may reasonably be expected by City." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 1N WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney ,/f, l Lau~heedy , Assistant City Attorney TELFORDS ,r' _ ~~ ` AME) (Title) ~~~" ~= ~" '(~dy ~'`~"~ ~„-- ~ Page 1 of 1 Kelly, Lynda Y From: Sheedy, Laura Sent: Wednesday, March 01, 2006 2:21 PM To: Gergen, Tom Cc: Kelly, Lynda Subject: Telfords Tom Confirming our conversation this afternoon, due to the nature of the services provided by Telfords, no general liability nor auto insurance is required under this Agreement. The City must enforce the Workers Compensation requirement if Telfords has any employees subject to Workers Comp. If they have no such employees, please ask the company to execute the attached Workers Compensation declaration, and return it to the City to retain in our files. If you have any questions about this insurance, please give me a call. Thank you Laura Sheedy 5/9/2007 •Y WORKERS' ~O~'ENS.A.'fION D~CLARATIi7N I ~~ ~Cr r L Ur_~`J hereby affirna under penalty of perjuxy, the • (NamelJf'Itle) following declaration : • I certa£y an behalf of ~ ~~S that during the term of nosy (O an~tlon Nanae)' cozlnuct •w~ith the I r.~-~-xx~i u~. .-v; ~~.s , City of Santa Ana, l vvz11 not employ any person in any matazter so as to beco~oae subject to the woxkers' cozripensati4zt laws of California, az~d agree that if Z should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions, ,. DATE ~ • ~~/ .~~d 6 By: ~) Name: ~ ~.--,r.7`~ 1~' L.~,s~J • Title; ,--~'/~- V WARNING: FAILURE 'TO SECURE WORKERS' COIV,[PENS,ATIUN COVERAGE XS UNLAWFUL, AND SHALL SUa:lEC'f AN EN.[PLO~ER. TO CRIIVIII~TAL PF~iALTIE" AND C1V:lI.. FI1~1k,S Ul' TO ONE I~UNDRED THOUSAND DOLLARS ($X00,000). IN ADDITION TO T~ COS'Z' OF COMPENSATION, D,AMA.GES AS PROVIDED FOIL IN SECTION 3706 OF THE LABOR CODE, IN'~1tEST, AND A'T'I'(~RNEY'S FEES.