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Home My WebLink AboutDMS FACILITY SERVICES. LLC 1ACity of Santa Ana OREM Clerk of the Cout, A AGREEMENT TERMINATION FORM ----------- --- - - - ----- - I-- ............. I .... .... .. .... ........... .. .................... COTC Office Use Only ------------------------- - - ------ - ---------------------- - Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. jN C Return form to the Clerk of the Council Office (M-30). L The agreement with 1::kAs vm X ` Ltu a'A Colt No. wascompleted on j I and final payment has been made. V'S (List all amendments. Use space below if needed.) C) Department: Phone/Ext.: Signature: QAi(k -'Q -I&Odan Date: 114 Revised 0412-10 A-2011-041 Y W I,�Lc FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 22, 2011, by and between DMS Facility Services, a California corporation ("Contractor") 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 ("City"). RECITALS: A. The parties entered into that certain Agreement A-2010-027, dated February 16, 2010, (hereinafter "said Agreement") by which Contractor has provided park landscape maintenance services. B. In order to provide uninterrupted park maintenance services, the parties wish to extend the term of said Agreement for an additional four month period, and to add 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: / 1. Section 2, COMPENSATION, shall be amended to increase compensation by $92,040.00, to • pay for the additional services at a monthly rate of $21,760.00 plus a contingency of $5,000.00 for unanticipated work which may be required during the extended term. 2. Section 3, TERM, shall be amended to extend the term for a four month period, through July 31, 2011. However, if the City completes its bid process earlier, the City may terminate this agreement effective June 30, 2011. 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 Agreement on the date and year first written above. ATTEST: MARIA D. HUIZARR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: 1 c tC c Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager DMS FACILITY SERVICES (N ME F, n Vic: -1s (Title) �� Rv CERTIFICATE OF LIABILITY INSURANCE OP ID LA DATE(MM/DD/YYYY DMSFA-1 03/03/11 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Andreini & Company -South Coast ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 0208825 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR One MacArthur Place, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. South Coast Metro CA 92707 Phone : 714-327-1400 Fax : 714-327-1499 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER& Travelers Property Casualty 36161 INSURER B: DMS Landscaping INSURER C: DMS Facility Services, LLC 417 E. Huntington Drive INSURER D: A— Monrovia CA 91016 I r'C,a JLl/L 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. IN3K LTR ADVIL NSR TYPE OF INSURANCE POLICY NUMBER EFF DATE MM/DD ICY EXPIRATION DATE MM/DD/YYYY)LIMITS GENERAL LIABILITYEACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY P-630-950OB978-TIL-1103/01/11 03/01/12 PREMISES Eaoccurence $ 300,000 MED EXP (Any one person) $5,000 CLAIMS MADE Fx_1 OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X PE LOC AUTOMOBILE LIABILITY A X ANY AUTO P-810-950OB98A-TIL-1103/01/11 03/01/12 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per eccideni) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION_ 71 AND EMPLOYERS' LIABILITY Y / N TORY LIMITS 1 ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVrj OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below OTHER PPRO V EI-) AS TO FORM DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is included as an additional insured as respects Ge Liability only per the attached "Additional Insured Endorsement for aurr,�jit e-d Commercial General Liability Policy" form which is part of the insurance,,Stan t City Alil)rne�, policy shown above. Primary/Non-Contributory wording is included pursuant to the attached CG DO 37 04 05 form (SEE ATTACHED HOLDER NOTES) CERTIFICATE HOLDER CANCELLATION City of Santa Ana Attn: Robert Carroll 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana CA 92701 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SANSANI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 1988=2009 ACORD CORPORAWN. All rights reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGORD 25 (2009101) (which is part of the insurance policy shown above. The CANCELLATION notice herein is amended to read 10 Days as respects any cancellation due to nonpay of premium. This certificate supersedes the one issued on 3/1/11. ADDITIONAL INSURED ENDORSEMENT Insurance Company Travelers Proper Casualty Company This endorsement modifies such insurance as is afforded by the provisions of Policy # P630950OB978TIL11 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") 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 named 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 insureds. 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 the additional insureds, 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.) Effective March 1, 2011 , this endorsement form as part of Policy # P630950OB978TIL11 Issued to DMS 6andscaP100/DMS Facility Name Insured Countersigned by POLICY NO. P -63095008978 -TIL -11 COMMERCIAL GENERAL LIABILITY INSURED: DMS FACILITY SERVICES, LLC, ETAL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1