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HomeMy WebLinkAboutVIDEO ENGINEERING SERVICES (THOMAS BYSTRY) (3)cli INSURANCE NOT ON FILE N WORK MAY NOT PROCEED e CLERK OF COUNCIL A-2015-096-03 dam, DATE: d �Mu �I) DUI EGOS THIRD AMENDMENT TO AGREEMENT WITH THOMAS BYSTRY DBA VIDEO l ENGINEERING SERVICES THIS THIRD AMENDMENT to the above -referenced Agreement is entered into on September 14, 2020, by and between Thomas Bystry dba Video Engineering Services, a sole proprietor ("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 ("City"), RECITALS A. The parties entered into an Agreement No. A-2015-096 dated June 2, 2015 to provide video engineering services for City Council Meetings, the Mayor's State of the City Address, as needed video engineering services and technical expertise for purchase, installation and maintenance of audio and video equipment in the City Council Chambers and other City conference rooms ("Agreemenf'). B. On April 13, 2018, the City exercised the first (of two) optional one-year extensions. This extended the term of the Agreement from July 1, 2018 to June 30, 2019. C. On May 21, 2019, the parties amended the Agreement to add $15,000 to the rest of the current term ending June 30, 2019) and an additional $15,000 for the last optional one-year extension. The total annual not to exceed amount for each optional extension was $80,875 and the total Agreement not to exceed amount was $359,375. The parties also extended the agreement term from July 1, 2019 to June 30, 2020, D. On June 10, 2020, the parties amended the Agreement to extend the term for three additional months until September 30, 2020 and to add $25,000 to cover services provided during the extension period. E. The City has issued a Request for Proposal ("RFP") for video engineering services but due to the current local emergency related to COVID-19, the process has been delayed. Additional time is needed to review the responses and select a vendor. It is imperative that the City be able to continue to stream live City Council meetings and other City Board and Commission meetings during the local emergency. Pursuant to Section 5A of the City of Santa Ana's Resolution No. 2020-16, an emergency declaration adopted by the City Council on March 17, 2020, allowing for extension of City services necessary for the continuing operation of City services, the City of Santa Ana seeks to extend this Agreement for an additional three (3) months from October 1, 2020 until December 31, 2020 and add additional funds to cover services during the extension period. The Parties agree to revise the notice provisions for termination as well. The Parties therefore agree: 1. Section 2a, COMPENSATION, is amended to increase the compensation by not more than twenty- five thousand dollars ($25,000). The total agreement amount shall not exceed $409,375 during the term of this Agreement. Section 3, TERM, is amended to extend the term from October 1, 2020 to December 31, 2020, Page 1 of 2 A-2015-096-03 3. Section 15, TERMINATION, is amended to change the required notice of termination from thirty (30) days to fourteen (14) days. 4. Except as modified by this Third Amendment, all terms and conditions of the Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST s• .Y ' r5A• 1the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:lwmv- A. Rqr�'� LAURA A. ROSSINI Acting Chief Assistant City Attorney CITY OF SANTA ANA KRI TINE RIDG City Manager CONSULTANT 75 � Thomas Bystry dba i e gineering Services Page 2 of 2 Phone:(714)647.5420 Fax:(714)647.6944 ACORID" CERTIFICATE OF LIABILITY INSURANCE DATE(MVIDDNYYY' 0`112212020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the Pollcy(les) must have ADDITIONAL INSURED be provisions or endorsed. 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 cenincate holder In lieu of auch endorsement a . PRODUCER Triton of Calif Insurance Services, Inc. 5000 San Juan Avenue Fair Oaks, CA 95626 ME, T Chris Rudolph PnxHONhl a (s161aes-1705 F �` . 91s -0199 AeoRESS, chrisIRIbitoninsurance.corn License#: OF41767 .._� INSURER(9(AFFORDWG COVERAGE_ NAICr INSURER.: Mega WSURF TOM BYSTRY INSURER a: NSURERC: DBA: VIDEO ENGINEERING SERVICES 14 APPOMATTOX WSURERO: IRVINE, CA 92620 INSURER E. INSURER -- --- - mocrt: JV THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LBIN POLICY OFF POUCYNUYBFA 'M M uhns A X COMYFRCW.OBJEMLUABH.IIY y MP0004009006721 02101/2020 02/01/2021 EACHOCCUflHENce i 1 000000 cLAs1SNAOE CX OCCUR E° H 100D00 SRe S 5000 MEOExP aY PERHONALSAOVINIURY S 100011DO AGGREWTE UWi APPUEBPER' 2ENERALAGGREGATE 5 2000000 GENL POLICY ❑JET LCC I PROOVCTB-CPMPIOP AOO i 2 ODD 000 S OTHER: AUTOMOWLE LIAYIDTY COM& NGLE I S ANY AUTO LYINIURY(Perpe ) 5 OVE9 ED BOdLY INJURY (Persuidem 3 AUr0S AUTOS ONLY AUTOS HIRED HRFD PROPERTY DA)MCk ...- S AUTORONLY AUTOS ONLY AUT05O ONLY $ UMBRELLA LWa OUR EACH OCCURRENCE $ EACEBB LIAR LUwSMADE AGGREGATE $ RETENTIONS 5 PER OTK .AND EMPLOYERY LIA&CITY AND EMPLOnW UAWLIT ANY PRDPNETOPRAATNEP,EYECIRIVE YIN E.1- EACH ACCIDENT i OFFICERAFMHER ESCLLDEOT NIA EL DISEASE EA EMKOYE1 5 (Menaefwyin NN) IIYes. EOWW uneer EL DiGEiMIE-POLICY LIMIT i OESCRImION OF OPFJUTIOHSAebw DESCRIPTIONOF OPFnAT10N51 LOCARONH I VEmrU en IACOPO 151, Ae6Eora1 gmY,SY HCMduY, meY M elYCMe ilmon Brace Ie rtW Me) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; Its officers, employees, agents and representatives are named as additional Insureds per CG2010 attached to this policy. The Insurance is primary and non-contributory. Certificate of Insurance shall provide thirty (30) day prior written notice of wnceilatlon REVIEWED A APPROVED City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th-f SANTA ANA, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ANC11E ACEVEdO A11"O1'� 1988-201S ACORD Avvw zo ILUI must Tne ACOI10 name and logo are registered marks of ACORD PMted by CPR on January 22. 2020 at 11:54AM POLICY NUMBER: MP0004009006721 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations THE CITY OF SANTA ANA RISK MANAGEMENT; ITS OFFICERS, VARIOUS EMPLOYEES, AGENTS AND REPRESENTATIVES PO BOX 1988 M-16 SANTA ANA, CA 92702 A. Section II — Who Is An Insured is amended to Include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The Insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which AV*WED & APPROVED required by the contract or agreerrl0p Rr11A A1nNAgmw Division provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has bean completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. FEM 2020 ANGiE ACEvEdo CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, REVIEWED & APPROVED By Risk MANAGEMENT DivlMoN FEBF� 0,2020 ANCAiE AmEdo Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: MP0004009006721 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other Insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional Insured. REVIEWED & APPROVED By R15k MANAGEMENT Div1510N F�J 1p 1010 ANgiE ACEVEdO CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Tom Bystry dba Video Engineering Services 915 Wycliffe Irvine, CA 92602 January 29,2020 City of Santa Ana Risk Management Division 20 Civic Center Plaza, Santa Ana, CA 92702 Re: Auto Insurance & Errors and Omissions Insurance Dear City of Santa Ana Risk Management Division: 1, Tom Bystry, dba Video Engineering Services, hereby release the City of Automobile Liability. I do not use/drive any vehicle during the course and scope of my course/instruction class. Additionally, I am not a licensed professional and will not employ a licensed professional during the course of my contract. During the tern of my agreement from July 1, 2019 through June 30, 2020,1 will be providing video engineering services for City Council meetings, the Mayor's State of the City Address and as needed services for the purchase and installation and maintenance of audio and video equipment for the City of Santa Ana Sincerely Tom Bystry, dba Video Engineering Services REVIEWED & APPROVED By Risk MANAQEMENT DNISIoN 2�2��ANC{IF CF✓do