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cli INSURANCE NOT ON FILE <br />N WORK MAY NOT PROCEED <br />e <br />CLERK OF COUNCIL <br />A-2015-096-03 <br />dam, <br />DATE: <br />d �Mu �I) DUI EGOS <br />THIRD AMENDMENT TO AGREEMENT WITH THOMAS BYSTRY DBA VIDEO <br />l ENGINEERING SERVICES <br />THIS THIRD AMENDMENT to the above -referenced Agreement is entered into on September 14, <br />2020, by and between Thomas Bystry dba Video Engineering Services, a sole proprietor ("Consultant"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"), <br />RECITALS <br />A. The parties entered into an Agreement No. A-2015-096 dated June 2, 2015 to provide video <br />engineering services for City Council Meetings, the Mayor's State of the City Address, as needed <br />video engineering services and technical expertise for purchase, installation and maintenance of <br />audio and video equipment in the City Council Chambers and other City conference rooms <br />("Agreemenf'). <br />B. On April 13, 2018, the City exercised the first (of two) optional one-year extensions. This extended <br />the term of the Agreement from July 1, 2018 to June 30, 2019. <br />C. On May 21, 2019, the parties amended the Agreement to add $15,000 to the rest of the current term <br />ending June 30, 2019) and an additional $15,000 for the last optional one-year extension. The total <br />annual not to exceed amount for each optional extension was $80,875 and the total Agreement not to <br />exceed amount was $359,375. The parties also extended the agreement term from July 1, 2019 to <br />June 30, 2020, <br />D. On June 10, 2020, the parties amended the Agreement to extend the term for three additional months <br />until September 30, 2020 and to add $25,000 to cover services provided during the extension period. <br />E. The City has issued a Request for Proposal ("RFP") for video engineering services but due to the <br />current local emergency related to COVID-19, the process has been delayed. Additional time is <br />needed to review the responses and select a vendor. It is imperative that the City be able to continue <br />to stream live City Council meetings and other City Board and Commission meetings during the <br />local emergency. <br />Pursuant to Section 5A of the City of Santa Ana's Resolution No. 2020-16, an emergency <br />declaration adopted by the City Council on March 17, 2020, allowing for extension of City services <br />necessary for the continuing operation of City services, the City of Santa Ana seeks to extend this <br />Agreement for an additional three (3) months from October 1, 2020 until December 31, 2020 and <br />add additional funds to cover services during the extension period. The Parties agree to revise the <br />notice provisions for termination as well. <br />The Parties therefore agree: <br />1. Section 2a, COMPENSATION, is amended to increase the compensation by not more than twenty- <br />five thousand dollars ($25,000). The total agreement amount shall not exceed $409,375 during the <br />term of this Agreement. <br />Section 3, TERM, is amended to extend the term from October 1, 2020 to December 31, 2020, <br />Page 1 of 2 <br />