Loading...
HomeMy WebLinkAboutSOFTMASTER, INC. 1D- 2010t , D'AT= FEB 0 2 2011 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT, is entered into on December 20, 2010, by and between SOFTMASTER, INC, a California corporation (hereinafter "Consultant"), and the City 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-2010-250 A. The parties entered into Agreement # A-2007-145, dated June 18, 2007, (hereinafter s "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. The parties executed Amendments dated October 6, 2008, and September 8, 2009, by which the term was extended and compensation added to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to again 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 Third 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 expenditure of allocated funds, unless earlier terminated in accordance with Section 13, below. The City shall have the option, at City's discretion, to renew this Agreement for one (1) additional one-year period." 2. Section 4, "Compensation, shall be amended to increase total compensation by $3,290,000.00, 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. Total compensation, payable to any or all vendors for Temporary Technical Contract Service Personnel, collectively, shall be increased by $3,290,000 to pay for services during the extended term. Said total compensation shall be allocated among the Vendors selected by the City, at the City's sole 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 standards of performance set forth in the Recitals which may reasonably be expected by City." Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA ARIA D. HUIZAR Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura'She`6dy Assistant City Attorney SOFTMASTER, INC. AME) -&ViPbr-S C (Title) 6 ? i_ I ACORD CERTIFICATE OF LIABILITY INSURANCE DATEPAUDOfYYY'l) 07/07/2010 PRODUCER Phone: (626) 854-9541 The Master Insurance Agency, Inc. 18063 Valley Blvd., THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND -OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. City of Industry, CA 91744 License #: OB03663 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Insurance Com a Softmaster, Inc. INSURER B: Oak River Insurance Company 23 Peters Canyon Road INSURER C: Continental Casualty Company Irvine, CA 92606 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , 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. INSR LIM tY IN TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICYE%PI TION LIMITS A Y GENERAL LIABILITY 1-6804429RO83-ACJ=10 0710112010 0710112011 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occ r nce $ 300,000 CLAIMS MADE © OCCUR MED EXP An one arson $ 6,000 PERSONAL & ADV INJURY S 2,000,000 GENERAL AGGREGATE $ 4 000 000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 4,000,000 X POLICY P JECT RO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccidsrtt) ALLOWNEDAUTOS r? FO 0 BODILY INJURY $ SCHEDULEDAUTOS A S (Per erson) `, ?? Cy HIRED AUTOS A 9py D ` ly HODILY INJUt? y $ NON-OWNED AUTOS t (Per M ? 4 ay PROPERTY DAMAGE 1.1 ?ee (Per acddent) $ GARAGE LIABILITY t 1 AUTO ONLY-EA ACCIDENT $ ANY AUTO $t3n ?SSl FJ1 ACC OTHER THAN $ AUTO ONLY: AGG $ EXCES9fUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ B WORKERSCOMPENSATIONAND 2200000037-91 .10/27/2009 10/2712010 X WCSTATU- OTH- EMPLOYERS' LIABILITY E.L. EACH-ACCIDENT $ 1.000.000 ANY PROPRIE70RMARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ J,000,000 Ityyeeee describe under SPEI LAL PROVISIONS below EL. DISEASE - POLICY LIMIT $ 1,000,000 OTHER C Errors & Omssions 287601716 02/20/2010 0212012011 Per Ann renate $1,000,000 DESCRIPTION OF OPERATIONS ( LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS The City of Santa Ana, Its Officers, Agents and Employees are named as Additional Insured for the location: 20 Civic Center Plaza P.O.'BOX 1988-11112 Santa Ana, CA 92702 Primary & Non-Contributory Subject to Policy Terms, Conditions and Exclusions. •30 Days Notice should the policy cancel for non-payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana - - DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO ML 30* DAYS WRITTEN Its Officers, Agents and Employees NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL 20 Civic Center Plaza IMPOSE NO OBLIGATION OR LIABILITY OF ANY I9ND UPON THE INSURER, ITS AGENTS OR P.O. BOX 1988-M12 REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE _,e ACDRD 25 f20011081 ® ACORD CORPORATION 1988 Printed by MDD on July 07, 2010 at 10:26AM COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-680-4429R083-ACJ-10 ISSUE DATE: 06-29-10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of person or organization: CITY OF SANTA ANA IT'S OFFICERS, AGENTS AND EMPLOYEES 20 CIVIC CENTER PLAZA P.O. BOX 1988-M12 SANTA ANA CA 92702 SCHEDULE WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in-the Schedule as an insured but only with respect to liability arising out of your acts or omissions, CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ACORDCERTIFICATE OF LIABILITY INSURANCE 0.1iis o PRODUCER Phone: (826) BWO641 The Master Insurance Agency, Inc. 18063 Valle Blvd., Y RA9ATION THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER..THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. City of Industry, CA 91744 License #1 OB03663 INSURERS AFFORDING COVERAGE NAIL # INSURED nce C an INSURERA:' EM to eh Com on atlon Insura Inc Softmaster INSURER B: . , 23 P t C R d INSURER C. e ers anyon oa I i 92606 INSURER D: rv ne CA INSURER E: a . L;U V tKA"t:* BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING V E THE POLICIES OF INSURANCE LISTED BELOW HA Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT,, TERM OR CONDITION OF AN OLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH Y THE P MAY PERTAIN, THE INSURANCE AFFORDED B POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN D POLICY EFFECTNE POLICY IRATION LIMITS POLICY NUMBER EACH OCCURRENCE LS- GEN ERAL LIABILITY - DAMAGE "' L LIABILITY RE E e $ COMMERCIAL GENERA D MED EXP (Any one enwo $ OCCUR CLAIMS MADE PERSONAL & ADV INJURY III GENERAL AGGREGATE $ ' PRODUCTS•COMPIOPAGO $ GEN LAGGREGATE LIMIT APPLIES PER: POLICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT s (Ea amtdant) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Par person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) E NON-OWNED AUTOS PROPERTYDAMAGE 3 (Per aceldent) AUTO ONLY -EAACCIDENT 3 OA RAGELIABILITY N EAACC 5 ANYAUTO OTHER THA AUTO ONLY: AGO i EACH OCCURRENCE EXCESSIUMBRELLA LIABILITY FI AGGREGATE $ CLAIMS MADE OCCUR S DEDUCTIBLE RETENTION S ND EIG1265230-0 1012712010 10127/2011 X WC BT U- TH- i A WORKERS COMPENSATIONA EMPLOYERS'LUIBILITY E.L. EACH ACCIDENT a 1,000,0 00 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1,000,000- If yyes descrim under SPECIAL PROVISIONS below E.L. DISEASE • POLICY LIMIT E 000 0 OTHER 0E60RIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Computer Consultant and Staffing Services. SubJectto Policy Terms, Conditions and Exclusions Insured for Location at 23 Peters Canyon Rd Irvine, CA 92808 • 30 Days Notice should the policy cancel for non-payment City of Santa Ana Its Officers, Agents and Employees 20 Civic Center Plaza P.O. Box 1988-M12 Santa Ana, CA 92702 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0„_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY FUND UPON THE INSURER, ITS AGENTS OR AUTHORIZED OACORD CORPORATION 1988 tea.." - onAne+nM•14DM munnu uy mm on .,ckw" _, ?..,