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HomeMy WebLinkAboutSOFTMASTER, INC. 1C - 2009 A-2009-150 INSURANCE QN Fits WORK MAY PROCEEG UNTIL INSURANCE EXrIRE~~~ rl-]~[~ -[C //Z~~~ Q l__y _~..~E~OND AMENDMENT TO AGREEMENT _.. ^..ll. ~ i~ J~~ , THIS SECOND AMENDMENT TO AGREEMENT, is entered into on September 8, ~D'E21Dq 2009, by and between SOFTMASTER, INC., a California corporation (hereinafter "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 (hereinafter "City"). RECITALS: A. The parties entered into Agreement # A-2007-145, dated June 18, 2007, (hereinafter ~ "said Agreement") by which Consultant has provided temporary technical personnel ~ ~ to assist the City's Information Technology department with various projects and on a ~ LL-, consulting basis. s ~ ~ ~ B. The parties executed an Amendment dated October 6, 2008, by which the term was o + extended and compensation added to pay for services during the extended term. N~ - .~ C. In accordance with the terms and conditions of said Agreement, the parties wish to v again extend the term of said Agreement 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 Agreement, the parties agree as follows: Section 1, "Scope of Services", shall be amended to amend Section 6.27 of Exhibit A-1, "Work Week/Hours and Conditions", to read as follows: The official City workweek is a schedule of Monday through Friday (five days). Contractor normal working hours are usually 8:00 a.m. to 5:00 p.m., Monday through Friday with one (1) unpaid hour for lunch. (See Section 6.13 for related instructions on overtime and holidays.) City reserves the right to request Vendor's personnel to provide services on schedules less than full work days and/or work weeks. Any reduction in a currently filled work schedule will be identified b~City with five (5) work day advance notice. Some assignments will require Vendor's Personnel to work with City departments which operate under alternative work schedules. Vendor's assigned personnel will be expected to adopt such work schedules. Occasionally apart-time assignment is required for which a work schedule will be identified in advance. Work will be performed at City offices. Many City departments have operating locations throughout the City. Vendor's personnel may expect to work at any or all of these locations as needed by the assignment. Temporary personnel will be required to follow the standard operating procedures of the Information Services Division and any other special procedures of the internal City customers being serviced during the engagement. The City will specify a time for the temporary employee's arrival at the job location. Time will start upon the temporary employee's arrival at the job station and end when the employee they leaves the job station at the end of the specified workday." 2. Section 3, "Term", shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on expenditure of allocated funds, unless earlier terminated in accordance with Section 13, below. The City shall have the option, at City's discretion, to renew this Agreement for up to two (2) additional one-year periods." 3. Section 4, "Compensation, shall be amended to increase total compensation by $3,590,000.00, to pay for additional services provided during the extended term of said Agreement. Said Section 4, shall read in full as follows: "a. The City agrees to pay, and Consultant agrees to accept as total payment for its services pursuant to this Agreement, the rates and charges set forth in Vendor's Cost Proposal, attached to said Agreement as Exhibit B. Total compensation, payable to any or all vendors for Temporary Technical Contract Service Personnel, collectively, shall be increased by $3,590,000 to pay for services during the extended term. Said total compensation shall be allocated among the Vendors selected by the City, at the City's sole discretion. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed and/or products purchased, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 4. Except as hereinabove modified, 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 Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA ~ ~~ ~ ~ MARIA D. HUIZAR Clerk of the Council f ~, ~,~ M- DAVI N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY' ~ Y ~,P , L ' •a Sheedy Assistant City Attorney SOFTMASTER, INC. AME) ~,~~ ~~~ (Title) C~ ' F~ ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) PRODUCER 06/25/2009 Phone: (626) 854-9541 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Master Insurance Agency, InC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 18053 Valley Blvd., HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR City of Industry, CA 91744 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License #: OB03663 INSURERS AFFORDING COVERAGE NAIC # INSURED wsuRERA: Travelers Insurance Com a Softmaster, Inc. n INSURER B: Oak River Insurance Com an 20640 OakCrest Drive IN SURER C: Diamond Bar, CA 91765 INSURE R D: 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 WIT H 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. INSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION A GENERAL LIABILITY X 6806259N475 07/01/2009 07/01/2010 LIMI EACH OCCURRENCE TS $ 2 QQQ 000 COMMERCIAL GENERAL LIABILITY ~ PREMISES Ea occurence $ 300 000 CLAIMS MADE OCCUR MED EXP (Any one person) $ fJ QQQ PERSONAL & ADV INJURY $ 2 QQQ 000 ' GENERAL AGGREGATE $ 4 QQQ 000 GEN LAGGREGATE LIMIT APPLIES PER: PRO- X PRODUCTS-COMP/OPAGG $ 4 QQQ 000 POLICY LOC AUT OMOBILE LIAB ILITY ANY AUTO COMBINED SINGLE LIMB (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ pROVED A TO FO PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO - OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY AttoTne EACH OCCURRENCE $ t~ssistant y Y OCCUR ~ CLAIMS M ADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ a B WORKERS COMPENSATION AND 22100000037-081 10/27/2008 10/27/2009 X WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 OOO OOO OFFICER/MEMBER EXCLUDED? If yes, tlescribe under E.L. DISEASE-EA EMPLOYE $ 1 OOQ 000 SPE CIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS !LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Subject to Policy Terms, Conditions and Exclusions, insured for location at: 23 Peters Canyon Road, Irvine, CA 92606 *30 Days Notice should the policy cancel for non-payment CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Its Officers, Agents and Employees DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O* DAYS WRITTEN NOTIC r, 20 Civic Center Plaza E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ~. - P.O. BOX 1985-M12 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana CA 92702 REPRESENTATIVES. , AUTHORQED REPRESENTnTivF ACORD 25 (2001/08) __ MEK ©ACORD CORPORATION 1988 Printed by MEK on June 25, 2009 at 10:29AM ' . 11 . ~"RAVELERS J~ One Tower Square, Hartford, Connecticut 06183 CHANGE ENDORSEMENT INSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF Named Insured: Policy Number: Policy Effective Date: Policy Expiration Date: Issue Date: Premium $ AMERICA SOFTMASTER, INC I-680-6259N475-ACJ-09 07-01-09 07-01-10 07-21-09 NtL Effective from 07-21-09 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: ADDITIONAL INSUREDS ARE ADDED TO THE POLICY AS PROVIDED UNDER THE ATTACHED ENDORSEMENT(S): CG T4 91 THE FOLLOWING FORMS AND/OR ENDORSEMENTS IS/ARE INCLUDED WITH THIS CHANGE. THESE FORMS ARE ADDED TO THE POLICY OR REPLACE FORMS ALREADY EXISTING ON THE POLICY: CG T4 91 11 88 NAME AND ADDRESS OF AGENT OR BROKER NETWORKED INSURANCE AGTS VJ306 988 MCCOURTNEY RD STE B GRASS VALLEY CA 95945 IL TO 07 09 87 (Page 01 of 01) Countersigned by Authorized Representative DATE: OfFce:. DIAMOND BAR POLICY NUMBER: I-680-6259N475-ACJ-09 EFFECTIVE DATE: 07-01-09 ISSUE DATE: 07-21-09 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 07 09 87 CHANGE ENDORSEMENT IL T8 O1 O1 O1 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS COMMERCIAL GENERAL LIABILITY CG T4 91 11 88 ADDL INSD-DESIGNATED PERSON/ORGANIZATION IL T8 01 01 01 PAGE: 1 OF 1 CHANGE OVERPRINT /CHANGE SLIP lNSURED'S NAME: SOFTMASTER, INC . New/Renewal: N Solicitor Code: SAI: 13 8 802141 MSI: I Rating Mode: G Special Code: Program Code: U07 Paymode: L Audit Frequency: N Responsibility: I POLICY NUMBER: 1-680-6259N475-ACJ-09 ISSUE DATE: 07-21-09 RATER: WO CHANGE EFFECTIVE DATE: 07-21-09 EFFECTIVE DATE: 07-01-09 EXPIRATION DATE: 07-01-10 Watch File: 0 Survey Code: 2 Reinsurance: N DOWNSTREAM Pro Rata Factor: 0.945 PREMIUM SUMMARY ~ ~_ _ ~~ ACCT. EFF. PREMIUM S.B. MO. DATE .2000 TOTAL OFFICE: DIAMOND BAR 189 PRODUCER NAME: NETWORFCED INSURANCE AGTS Page 1 of 1 I ~- COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-680-6259N475-ACJ-09 ISSUE DATE: 07-21-09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGAN~~I4TION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of person or organization: CITY OF SANTA ANA IT'S OFFICERS, AGENTS AND EMPLOYEES 20 CIVIC CENTER PLAZA P.O. BOX 1988-M12 SANTA ANA CA 92702 SCHEDULE WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts Qr omissions. CG T4 91 11 88 Copyright, Insurance Services Office, Inc.., 1984 Page 1 of 1 .. ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYI~ r 10/23/2009 PRODUCER Phone: (626) 854-9541 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Master Insurance Agency, InC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 18053 Valley Blvd., HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Cit of Indu t CA 91744 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. y s ry, License #: 0603663 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Oak Rlver Insurance Com an Softmaster, InC. INSURER B: 20640 OakCrest Drive INSURER C: Diamond Bar, CA 91765 INSURER D INSURER E: 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. INSR LTR ADD' POLICY NUMBER POLICY EFFECTIVE ATE MIDD POLICY EXPIRATION D TE MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMA E T RENTED PREMISES Ea occurence $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO PRODUCTS - COMPlOP AGG $ POLICY LOC AU TOMOBILE LIABILITY ' COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS ~ BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GAR AGE 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 $ $ A WORKERS COMPENSATION AND 2200000037-091 10/27/2009 10/27/2010 OTH- TA X W EMPLOYERS' LIABILITY IT RY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYE $ 1 OQQ 000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 OQ~ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I EXCLUSIONS ADDED BYENDORSEMENT /SPECIAL PROVISIONS TO FARM Subject to Policy Terms, Conditions and Exclusions, Insured for Location at : APPRU V ~~ AS 23 Peters Canyon Rd Irvine, CA 92606 ~~ L ~~~ * 30 Days Notice should the policy cancel for non-payment _ Laura Stitt Sheedy eGOTlnrnro .,ter ~~o '" v Attorney '- ""`-"~^ CANCELLATION City of Santa Ana Its Officers, Agents and Employees 20 Civic Center Plaza P.O. Box 1988-M12 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O 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 ACORD 25 (2001/08) AC~RU'~QRPORATION 1988 Printed by C Con October 23, 2009 at 10:54AM