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HomeMy WebLinkAboutTELFORDS 2C - 2010?r A-2010-252 Q 0 3 2011 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT, is entered into on December 20, 2010, by and between TELFORDS, a partnership (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. 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. 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: 1. 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." 3. 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 r \ /L7 MARIA D. HUIZAR Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney TELFORDS Laura Sheedy Assistant City Attorney (NAME) (Title) , L v n x WORKERS' COM'ENS.ATTON DECLARATION I /cr Lg, ,' hereb at'firm Uader penalty of ? Y perjury, the (Name Title) following declaration : I certify on behalf of 77?; k.S that during the term of .ray (°,?aai?etlon I1am?e) contract with the /?1 u? rQ.s , City of Santa Ana, I will not employ any person in any nU=er so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions, DATE; • x-7/3/6 6 By: Title: -?- - Telephone:? WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($1'00,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND AT'TORNEY'S FEES. .