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HomeMy WebLinkAboutSANTA ANA SECURITY SERVICES (2)A-2020-093-02 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this IL�— day of November, 2020, by and between Santa Ana Security Services Inc., a California corporation ("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. City and Consultant entered into a Consultant Agreement dated April 29, 2020, Agreement # A-2020-093, to provide security services for the COVID-19 trailers at The Link ("said Agreement"). B. On June 18, 2020, City and Consultant entered into a First Amendment to Consultant Agreement #A-2020-093-01, to increase the maximum amount of the compensation for said Agreement, to extend the length of said Agreement, and to revise Section 10 —Non-Discrimination and add a new section to comply with HHAP-COVID funding requirements. C. On March 27, 2020, a special allocation of funds was authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Public Law 116-136, Section 601(a) of the Social Security Act, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic. D. On August 4, 2020, the Santa Ana City Council authorized the City Manager to utilize CARES Act funding for various programs in response to the COVID-19 pandemic. E. Consultant has been selected by the City to receive CARES Act Funds in order to provide security services for the COVID-19 trailers at The Link. Consultant represents that it is qualified and willing to provide such services to the City, and certifies that the services provided with funds under this Agreement will meet the CARES Act's objectives to respond to this historic COVID-19 public health crisis. F. In accordance with the terms and conditions of said Agreement, the Parties desire to amend Section 2 — Compensation, to increase the maximum amount of Compensation and add CARES Act Funds for said Agreement, and Section 3 — Term, to clarify the effective date for use of funds from various funding sources. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 2, Compensation, shall be amended to increase the maximum not to exceed amount of compensation by eighteen thousand three hundred and twelve Page 1 of 3 dollars ($18,312.00) in CARES Act Funds, such that the total sum to be expended under said Agreement shall not exceed two -hundred and four thousand three hundred and twelve dollars ($204,312.00) during the term of said Agreement. 2. Section 2, Compensation, shall also be amended to add subsection (c) that reads as follows: "Consultant acknowledges that one source of funding for this Agreement is the federal CARES Act Fund, and that payments from the CARES Act Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. The City reserves the right to reduce the amount of CARES Act Funds to Consultant, or to completely terminate this Agreement, in the City's sole discretion, if there is a reduction in CARES Act Funds provided to the City." 3. Section 3, Term, shall be amended to add the following language to the end of the section: "This Agreement shall also cover any and all services provided by the Consultant to the City since the date the specific grant funds being utilized by the City for payment to the Consultant, including, but not limited to, CARES Act Funds, were awarded to the CITY." 4. Except as hereinabove modified, all terms and conditions of said Agreement, as revised by the First Amendment, shall remain in full force and effect. (Signatures on following page) Page 2 of 3 A-2020-093-02 IN WITNESS WHEREOF, the Parties have executed this Second Amendment to Consultant Agreement the date and year first above written. ATTEST: Daisy Gomefi Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Rya40..od Assitorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager SANTA ANA SECURITY SERVICES INC.: Tax ID# Page 3 of 3 a �- AC H Francine R. Villareal, pDiigiWly signed by Randne0. Mllamal CERTIFICATE OF LIABILITY INSURANCE I OATEIMMI/,)nOnY) r p, 0 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 policy(ies) must be 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Vicky Anaya Elgers Insurance Services, Inc. JARCD,Nr , E.t): 909-315-0598 laic Nq1: 909-465 6581 12403 Central Avenue, #306 E-MAD RESS, elgersinsurance@gmaitcom Chino, CA 91710 INSURER(S)AFFORDING-COVERAGE NAICa INSURER A: Kinsale Insurance Company 38920 INSURED INSURERS: Kinsale Insurance Company 38920 Santa Ana Security Services, Inc. P.P.O. 13824 INSURER C: Lloyd's of London / Business Risk Partners ,15792 9801 Hibiscus Avenue INSURER O: Fountain Valley, CA 92708 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER- oFtnelnk! AB laacr=o. THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - ADDL'SUBR - - - - LTR TYPE OF INSURANCE POLICY EFF POLICT EXP WVDPOLICY NUMBER MMIDDNYYY MMIDDMYY LIMITS COMMERCIAL GENERAL LIABILITY X :. - _t! DAMAGECH TGRRENCE 81,OOQ000 CLAIMS WOE X OCCUR 0100095nc 09/10/2020 09/10/2021 7501 PRENI SEEattu en.. L .$ 100,000 MED EXP (Any one person) _ _ SO PERSONAL B ADV INJURY SO GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE_ s2.000,000 X POLICY - PRO PRODUCTS - COMPIOPAGG $2,000,000 PRO OC OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident__ _ _ _ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED - -- AUTOS _ AUTOS BODILY INJURY(Per incident) $ NON -OWNED -PROPERTY DAMAGE HIRED AUTOS AUTOS (Pers laden $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE. AGGREGATE $ 5.000,000 CEO RETENTIONS -- - - - — 0100099339-1 10/23/2020 9/10/2021 - -- - S - WORKERS COMPENSATION PER 1OTH- AND EMPLOYERS' LIABILITY YIN _ STATUTE , E-R. ANY PROPRIETORIPARTNERIEXECUTI VE OFRCERIMEMBER EXCLUDED, �. NIA EL EACH ACCIDENT $ (Mandatory In NH) HE DISEASE - EA EMPLOYEE S II yes. describe antler DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT S X Sexual Misconduct Liability Insurance SML-0000-00322192A 8/28/2020 8/28/2021 $1,000,000 / $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached U mare space Is required) City of Santa Ana, its officers, employees, agents and representatives are Additional Insureds with respect to General Liability per the attached endorsements as required by written contract. Insurance is Primary and non -Contributory. 30 Days Notice of Cancellation with 10 days Notice for Non -Payment of Premium in accordance with the policy provisions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE Rick MnMgenlent DNIe(Dn © 988-2014 ACORD x' REVIEWED&APPROV®By. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ® Risk Management Malyst CERTIFICATE OF LIABILITY COVERAGE DATEINMAXrnr Y) 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 LIABILITY COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: R the certificate holder is Be ADDITIONAL t;uVERE0 the policy(tes) must be 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 PRODUCER CONTACT Union -Employer Joint Plan Sponsors "ME: Compass Pilot Omega Community Labor Association 330 Bullard Avenue PxONE FAX Clovis, CA93612 Na.E-1) (833)4274568 (AQIii (BDO)673-0183 Info@compasxpiiolwc.com ISWERIS) AFFOMM COVERAGE COVERED ✓ ImveftA:_ - COMPASSPILOT Santa Ana Security Services, Inc ERISA-based member benefit program of 1717 S. Main St. OMEGA COMMUNITY LABOR ASSOCIATION Santa Ana, CA 92708 lase s , ISSUERC, NI IMnco THIS IS TO CERTIFY THAT THE POLICIES OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE COVERED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REWIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE POLICIES DESCHIOEO HEREIN 18 SUBJECT 10 ALL THE TERMS. EXCLUSIONS AND CONDITIONSOF SUCH POLICIES. LIMITS SHOWN MAYHAVEBEEN REDUCED Sy PAID CLAIMS LTA TVPEOFCOVERAOE ADDL aUeR - - POLICYEPT POLICY EAP __.__ COV4 WVD POGCYNUNBER aALLD0.'1'YTm INWDO'YYWI lllefa CONNERCMLGEIIERALUABRITT FACHOCCUIWNCE S CtAm MAOE OCCII. DAMAGETORENTED - PREANRES(Fsaca .) f MED EAP IAnr one MrLrnl f PERSONAL A ADV Ri IUNY $ GFN'LAGGREGAIELeNTPER GENERAL AGCJ!€GATE S POLICY PRO LOC PRODUCTS - COMPRW AOG S .ACT 3 AVTOYO9ILE UAe1UTY (C. Pell f ANYAUTO SODILYDAAHm Ilwpe ) S ALL OwNEO - SCHEDULED ALTOS AUTOS BODILYINAIRY(PNamaron) 5 WREOAUI05 NO!" OWNED PROPERTY OHMAGE S s UARI ELLAUAB OCCUR EACH OCCURRENCE 5 nclissuAll CLAIII&MAOE AGGREGATE S DED RETEx11 N o F A -WORKERS COMPENSATION EP-CA-2020-01 41272020 4Ct6+2021 ! SPTATUfE ANDEVIKOVERS• uAaelrY J/ E.L. EACHACCJCENT s 1.000,000 ANY PROPRIETOMPARTNERAWCUTTA -' - OFgCE;nQM ER EXCLUDED (YIN) E.L. DISEASE EA OIPLOYEE S 1.000,000 E.LDISEASE POUCYLRaT S Low7 ow DESCRPiIONOF OPERATIONSILOCATpNSIVENCLES: HEVIEWED OI ftrr �f> Omega Community Labor Association Offers employer Inbdi(m .9 I�gq-s a e e - rage limits as an adsa-protected member benefit program (Compass Pilot). AB lialoddy proteclWn and member— e l pO I'M As' 1N� FWk€iAle bargaining agreement only. U S. Dept of labor Form M-1 Multiple employer welfare arrangement filing codeECE. '' 11``'' Workers' compensation coYerage benefit provided solely for the Na�6tlE r d �8,h the agreement between Elemental PEO and Ortega Community Labor Association. CERTIFICATE HOLDER ..IYylt NCEIll I ennN r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Covered Copy ACCORDANCE WITH THE POLICYPROVISIONS. AUTNORU'EG RFPRESENTAnVE RiskMsrugonmtD[wian �q a rREVIEWED&pAPPRO/V/EDBY�: i �,1®aal.uee.-i-` r�F1Y.N.[ M1, V�AN1tRi Risk Management Analyst DocuSign Envelope ID: FC5BO37C-FBF24EA1-8699-DECOF1327031 "Santa Ana Security Services Inc." 301 W. 2" Street #110 Santa Ana, CA 92701 (714) 883-6377 June 17. 2020 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Dear Sir or Madam: The scope of services is limited to security on sight where the trailers are located and does not involve transportation to the work site. No vehicles are being used under the contract Sincerely, I Docu AS - Mike Gonzalez wekn,eoi�um OQ& RtvEwED 6 AppR m ft ®' Risk Management Analyst