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HomeMy WebLinkAboutMASK SYSTEMS, INC. 1C -2006 \ -. A-2006-002 i dRANCE HilI ON FILE iL,iK MAY NOT PROCEED CLERK OF COUNCIL DATE: ,- (1-0, SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on January 3, 2006, by and between MASK Systems, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-200I-260, dated March 1,2002, (hereinafter "said Agreement") by which Consultant has provided emergency and preventive maintenance for the Santa Ana Jail security system. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend said Agreement for an additional one-year period 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 Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to add a paragraph "c", which shall read as follows: "c. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Cost Summary Form, attached as Exhibit A-I to said Agreement. The total sum to be expended for security system maintenance costs shall not exceed $206,200.00 during the fifth year of said Agreement, commencing January 1,2006, payable in twelve (12) equal monthly installments, subject to City accounting procedures." 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "The term of this Agreement shall commence on January 1,2002 and terminate on December 31, 2006, unless terminated earlier in accordance with Section 12, below. The term ofthis Agreement may be extended for an additional one-year term upon a writing executed by the Chief of Police and the City Attorney." 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 Second Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: ATRICIA E. HEALY Clerk of the Council /Ma DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: !)//A/l..1 A Jlj.J/ ;;1,1' Laura Sheedy '=7 / Assistant City Attorney APPROVED AS TO CONTENT: CONSULTANT ~w~ Chief of Police ~/ / (r;;;,~) MAHAD IBRAHIM General Manager ACORD_ CERTIFICA TE OF LIABILITY INSURANCE OP 10 VII DATE (MM/DOIYYYY) MASKS-1 12/D9L05 PRODUCER (.} - .,;;t:O O--CO;> THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Andreini & Company-Oxnard fl--c9cC> (Vco.3- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 0208825 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 300 Esplanade, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oxnard CA 93030 Phone: 805-981-9585 Fax:805-981-0161 INSURERS AFFORDING COVERAGE NAIC# ~SURED - INSURER A: Federal Insurance Company Mask Systems, Inc. INSURER B" Dorado Products, Inc. ~- Rosa Sasa INSURER C -- 11959 Discove~ Ct. INSURER 0" Moorpark CA 93 21 -- INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTV\llTHSTANDrNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WitCH 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 P L E ~r;. PDkTEY(MMib~Jl..'j'1't LIMITS LTR NSR TYPE OF INSURANCE POLICY NUMBER .D~MMIDDIYY GENERAL LIABILITY EACH OCCURRENCE .1,000,000 A X TI COMMERCIAL GENERAL LIABILITY 3533-99-03 12/18/05 12/18/06 PREMISES (Ea occurence) .1,000,000 FP CLAIMS MADE ~ OCCUR MED EXP (Anyone person) '10,000 PERSONAL & ADV INJURY .1,000,000 ~..== GENERAL AGGREGATE .2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG .2,000,000 "I 'llPRO. n Emp1 Benf 1,000,000 POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT .1,000,000 A X ANY AUTO 7322-50-49 12/18/05 12/18/06 (Eaaccidenl) r- -- ALL O\tVNED AUTOS BODILY INJURY r- (Per person) . SCHEDULED AUTOS A ex HIRED AUTOS BODILY INJURY ex . A NON-OWNED AUTOS (Peraccidenl) r- ,- --- PROPERTY DAMAGE . (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT . ~ ANY AUTO OTHER THAN EAACC . AUTO ONLY AGG . EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE . 5,000,000 A ~ OCCUR D CLAIMS MADE 7972-98-79 12/18/05 12/18/06 AGGREGATE .5,000,000 . ij;EOUCTIBLE . X RETENTION .0 . WORKERS COMPENSATION AND '$~ ITORY"lIMiiU IVER EMPLOYERS' LIABILITY ~~L3 I ANY PROP",ETGRlPARTi~[R:EXECUTIVE E.L. EACH ACCIDENT . ' OFFICER/MEMBER EXCLUDED? E L DISEASE _ EA EMPLOYEE $ If yes, describe under EL DISEASE - POLICY LIMIT SPECIAL PROVISIONS below . OTHER / { I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is additional insured under the general liabili ty per endorsement #80-02-2305 to be issued by the company CERTIFICATE HOLDER CANCELLATION City of Santa Ana 60 Civic Center Plaza Santa Ana CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 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. AUT 0 ZED RE"~ATlVE '..(,t.V.AQ.,~ ACORD 25 (2001/08) f. o @ACORDCORPORATION1988 ] . JAN-24-2006 16:11 . MASK SYSTEMS INC. 805 532 2332 P.02 ADDITIONAL INSURED ENDORSEMb"T Insurance Company Ft:;:7) ET {(ilL I ;/J'{j ieA )Ice Cd. This endorsement modifies wch insurance as is afforded by the PrOvilIionl of Policy # J S':;::J ~ nd..2 . J"il/aling to the renewing: - . 1. The City of Santa Ana. 20 Civic Cen1&r Plaza. Sa/lta Ana, Califomla 92701; its officers. emploYees. agents. volunteers andrepresantatlves al'9 named as additional insureds ("additional insuredsj with ~rd to liability arid lIefensB of suits arising from thB opsrations and uses perfurmed by or on benaff.of the named Insured. . 2., Wi!h respect to claims arising out of the operations and uses perlortnCld by or on behalf. of the named insured. Sl.Ich insurance as is affordl!la liv this poIlqt \a primary and is not additlonaf to Or CllfItrtbutirig with any other insurallca lCaIlied by or for the benefit of the additional insureds. ' . . .3.' Thls insurance appUes separately to each insured agliins: whom aaim is . made or sull is brought excaPt with respect to the company's limits of llabird:y. " The indusion of any person or organization as an insured shall not aft'ec!. any rig!'lt whic!'l Such person or organization would have as a daimant it not 50 ioclu~ . \ .' \'~' , '. 4. WIth respect, to tha additional insureds. this lnsutanll8, shaD not be. cancelled. or mstarfally ~uced in coVe~ or IImiIS except 3fterlhlrty 130) days written notice ,has been given 10 the City of .Santa Ana. 20 Civic Center Plaz:a, santa Ana. ear.fomis 92701.. (Completion of the following. Including courrtersignature. is endorsement I'Iffectivll-) EfFective - I:;" / I,. / () 5 Policy# :J!i':?:7- P 9 d 2 ' Issued to /lJ A l' )'. J'Y J'7 em.J' I )J (1. Namecllnsured recluin$:'! 10 l1Jaka this' . this er:m~nt ~ as a p8l'l0f C::OuntsrS;gned by [J . - . A~rized R _ ntatlve ::: '"-....w ... ~ ,~.-,. ... ~.- . .~5b TOTAL P.02 ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP 10 VII DATE (MM/DDIYYYY) MASKS-1 12/09/05 !~f;DUCE~ . THIS CERTiFICATE is ISSUED AS A MATTER OF INFORMATION Andre1n1 & Company-Oxnard ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 0208825 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 300 Esplanade, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oxnard CA 93030 Phone: 805-981-9585 Fax:805-981-0161 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Granite State Ins. Co. ."... INSURER S' ~ Mask Systems, Inc. INSURER c: ,"", ~ Rosa Sasa ~.J1'. 11959 Discove~ Ct. INSURER 0: () Moorpark CA 93 21 INSURER E: .. ,. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING LJ:l ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IfoJITH RESPECT TO VvrlICH THIS CERTIFICATE MAY BE ISSUED OR C:.:') MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 0,:'-"," POLICIES, AGGREGATE LIMITS SHOVV'N MAY HAVE BEEN REDUCED BY PAID CLAIMS .L, ..H~ LTR NS'R TYPE OF INSURANCE POLICY NUMBER DA~E fMMfJerkf'\E; PiSkT'f (~~fh'b/''''(~lN LIMITS :;,,;.t GENERAL LIABILITY EACH OCCURRENCE $ c:~ I-- PREMISES '(E'~'(;~~~nce) COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ I-- GENERAL AGGREGATE $ I-- -- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ n nPRO n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ,- (Eaaccident) $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY - $ SCHEOULED AUTOS (Per person) -- HIRED AUTOS BODILY INJURY -- $ NON-OVVNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO VO.l d__ OTHER THAN EA ACe $ / ---)J'~, -- AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY , / EACH OCCURRENCE $ P OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS I I~ER- A EMPLOYERS' LIABILITY 9516480 12/18/05 12/18/06 $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL. DISEASE + EA EMPLOYEE $ 1000000 If yes, describe under $ 1000000 SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS { LOCATIONS / VEHICLES / EXCL.USIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS Proof of Insurance CERTIFICATE HOLDER City of Santa Ana 60 Civic Center Plaza Santa Ana CA 92703 CANCELLATION SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIL.L. ENDEAVOR TO MAIL. ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOL.DER NAMED TO THE L.EFT, BUT FAILURE TO DO SO SHAL.L. IMPOSE NO OBL.IGATION OR L.IABILlTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT 0 ZEDREW~ATIVE '..It-f./ .AQ.-tvf<.4-.> ACORD 25 (2001/08) @ACORD CORPORATION 1988 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 The Certificate of Insurance on the reverse side of this form 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. ACORD 25 (2001/08)