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HomeMy WebLinkAboutSIEMENS INDUSTRY, INC (2)INSURANCE NOT ON FILL A-2025-135 WORK MAY NOT PROCFEO CITY CLERK DATE: SEP 10 2025 o'pti(&) 0,1,dr. loe Moir[ C�)z) FOURTH AMENDMENT TO MASTER SERVICES AGREEMENT FOR ON -GOING CITYWIDE VIDEO SURVEILLANCE TO PROVIDE MAINTENANCE AND REPAIR SERVICES THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on August 19, 2025, by and between Siemens Industry, Inc. ("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. On October 20, 2020, the City and Consultant entered into a Master Services Agreement (A-2020-202) ("MSA") for Consultant to provide maintenance and repair services for the City's Public Safety Video Surveillance System, and potential installation services, on an as -needed basis. Consultant was responsible for working closely with the City's Project Team and other City Stakeholders, in order to maintain the system's efficiency and operational currency within the industry. The MSA is currently in effect through October 31, 2025. B. On May 17, 2022, the Parties entered into a First Amendment to the Agreement (A-2022- 075) to increase the scope of services, increase compensation, and amend the insurance requirements related to the expanded scope of services. C. On October 18, 2022, the Parties entered into a Second Amendment (A-2022-213), to increase the scope of services and compensation for services to cover costs for the replacement of vandalized equipment. D. On October 29, 2024, the Parties entered into a Third Amendment (A-2022-213-01) to the MSA by amending the scope of services to include the purchase and installation of two security cameras on Bristol Street. The additional services did not increase the not to exceed amount of the MSA as the City was to be reimbursed for costs through the FY2023 Emergency Management Performance Grant ("EMPG") grant funds awarded and adopted for use by the City Council pursuant to Resolution No. 2024-049 on August 20, 2024. In addition, the Parties also amended the Agreement to update its requirements language for Consultants who work on projects paid for with Federal Grant funding. E. On March 6, 2025, the Parties terminated the requirements for the Third Amendment due to increased Consultant costs to complete the services prior to December 31, 2024, which was the expiration of the original funding. F. On dune 19, 2025, Santa Ana City Council adopted Resolution No. 2025-027 to obtain FY2024 Emergency Management Performance Grant ("EMPG") grant funds in the amount of $46,537. The City intends to utilize the awarded grant funds to purchase and install additional security camera infrastructure on Bristol Street. G. The parties now wish to further amend the Agreement to revise the scope of services for the installation of these additional security camera infrastructure on Bristol Street; to increase the overall compensation and extend the term of the agreement to complete the added services. The Parties therefore agree: LPSection 1, Scope of Services, is amended to include Proposal #9506759, dated February 3, 2025, and attached hereto as Exhibit A-3 to this Fourth Amendment to the Agreement. 2.❑Section 2, Compensation, is amended to increase the compensation amount by $42,273.43 to compensate consultant for services detailed in Exhibit A-3. The total amount of this Agreement shall not exceed $3,462,144. 3.❑Section 3, Term, of the Agreement is amended to extend the term of this Agreement by an additional two (2) months through December 31, 2025. 4.❑Except as modified by this Fourth Amendment, all other terms and conditions of the MSA, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the MSA on the date and year first written above. ATTEST CITY OF SANTA ANA APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL ROBERT RODRIGUEZ Chief of Police ALVARO NL City Manager CONSULTANT Electronically signed by: Benjamin Peeples Date:Jul31,202515:21:49 V� PDT Name: Benjamin Peeples, Area General Manager Title: ACCOR" CERTIFICATE OF LIABILITY INSURANCE DATE1 o/o2/v2024 /YYYY) 2o2a 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 have ADDITIONAL INSURED provisions or 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 MARSH USA, LLC. 445 SOUTH STREET CONTACT NAME` HONE A/CC No Ext : FAX No): E-MAIL ADDRESS: MORRISTOWN, NJ 07960-6454 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: HDIGlobal Insurance Company 41343 CN102147003- RAM -PROF-24/25 4433 WHITE NOC60 INSURED SIEMENS INDUSTRY, INC. INSURER B : Travelers Property Casualty Co. of America 25674 INSURER C : Travelers Casualt & Surety Company 19038 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089-4513 Anaile, Acevedo k COVERAGES CERTIFICATE NUMBER: NYC 010974624-10— v kE' is16N 110IiAE'ER "12 v v 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLD1110116 10/01/2024 10/01/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X� OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 100,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 POLICY ❑PRO JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ INCL $ OTHER: B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-24 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ N/A ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X BODILY INJURY (Per accident) $ N/A X PROPERTY DAMAGE Per accident $ N/A HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LAB X OCCUR CUD1110216 10/01/2024 10/01/2025 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LAB CLAIMS -MADE DED RETENTION $ $ B C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICE R/M EMBER EXCLUDED?51 (Mandatory in NH) N/A UB-8P83929A-24-51 -K (AOS) UB-8P79233A-24-51-R(AZ,MA,WI) TWXJUB-7440L338-TIL-24 (OH) 10/01/2024 10/01/2024 10/01/2024 10/01/2025 10/01/2025 10/01/2025 X PER oTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below """"""'$500K LIMIT / $500K SIR"""""" E.L. DISEASE - POLICY LIMIT $ A PROFESSIONAL LIABILITY EOD5618805 10/01/2024 10/01/2025 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: ALL OPERATIONS SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: RISK MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA, 4TH FLOOR ACCORDANCE WITH THE POLICY PRC SANTA ANA, CA 92701 Ririe ManagmumtDiviaian AUTHORIZED REPRESENTATIVE i z REVIEWED& APPROVED BY: of Marsh USA LLC �y/ / f3. ' aw — Risk Management Specialist © 1988-2016 ACORD ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102147003 LOC #: Morristown ACORO� AIIIIITIMIA1 REMARKS Sr141=n1II F AGENCY NAMED INSURED MARSH USA, LLC. SIEMENS INDUSTRY, INC. 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL 600894513 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE: ALL OPERATIONS Paae 2 of 2 THE CITY OF SANTA ANA, IT'S OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECTS TO GENERAL LIABILITY. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. Risk ManagmumtDMslcrn REVIEWED & APPROVED BY: ® Risk Management Specialist ACORD 101 (2008/01) © 2008 ACORD The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TC2J—CAP-744OL34A—TIL-24 COMMERCIAL AUTO ISSUE DATE: 09-12-24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.7., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury' or "property damage' occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". Ride Management Division REVIEWED & APPROVED BY: CA T4 37 0216 02016 The Travelers Indemnity Company. All rights reserved. Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc. with its permissic POLICY NUMBER: TC2J--CAP-7440L34A-TIL-24 ISSUE DATE: 09-12 -24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEE TO IT THAT WE RECEIVE WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE YUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS A. If we cancel this policy far any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. 60 60 B. If we do not renew this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of nonrenewal to the person or organization shown in such Schedule. We address shown in the Scl RAMwugmuxtDMsian number of days shown -__,E Y �%o'6N''°�K REVIEVUED&APPROVED BY. Renew (Nonrenewal) in : of t<icevo effective date of nonrenel — Risk Management Specialist IL T4 00 0519 0 2019 The Travelers Indemnkir Company. Al rights reserved. POLICY NUMBER: TC2,7-CAP-744OL34A-TIL-24 COMMERCIAL AUTO ISSUE DATE: 09-12-24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 5. Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: S. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any light of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver ap- plies only to the person or organization desig- nated in such contract. RA Management Drnswn REVIEWED & APPROVED BY: ter— Risk Management Specialist CA TS 40 08 08 0 2U08 The Travelers Companies, Inc. HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT# 31 Polley Number Named Insured GLI]1110116 SIEMENSCORPORATION Policy Period: Effective Date and 10.01-2024 10-01-2025 Time afEndorsement10-01-202412:01 a.m. Standard Time at Address ofthe Insured. This Endbrsement Changes The Polley. Please Read It Carefully. This endorsement modifies insurance provided underths following: Commercial General Liability Coverage Fame Who is an insured is amended to include as an additional insured any person whom you are required to add as an additional insured on this policy under a written agreement, but only with respect to liability for "bodily injury, "properly 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. The insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are required to provide to the additional insured person in the written agreement and shall not provide limits of insurance that exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in thewrittenagreement. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent, or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the written agreement specifically requires that this insurance apply on a primary basis, this insurance is primary. If the written agreement specifically requires this insurance apply on a primary and noncontributory basis this insurance is primaryto other insurance available to the additional insured and we will not share with thatother insurance. This endorsement shall prevail over additional insured endorsements that may apply underthis policy unless required otherwise in thewrittenagreement. Authorized Representative All terms and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSI IS WRITTEN. RAMougementDivisian 0 °. REVIEWED & APPROVED BY: A--g,�z tic N44 �� Risk Management Specialist POLICY NUMBER: GLD111011 B HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name, Address and E-Mall Address ofdther Person(s) l Organization{s): Number of Days Notice: IL SU 4004(10-10) Per schedule on file with the Company. 60 Days, or as required by contract, whichever is less [If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.] I. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium, we shall endeavor to mail, e-mail or deliver a copy of such written notice of cancellation to the person(s) or organization(s) shown in the Scheduleabove. II. A copy of the notice, per paragraph I. above, will be mailed, e-mailed or delivered: 1. To the appropriate addresses corresponding to the person(s) or organizations} shown in the Schedule above; and 2. The number of days required for notice of cancellation, as provided in paragraph A.2. of the Common Policy Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the Schedule above. Ill. Our failure to provide such advance notification to the person(s) or organization(s) shown in the Schedule ofthis endorsement will not extend any policy cancellation date nor negate any cancellation of the policy. All other terms and conditions of this policy remain unchanged. oR,N�F RiskMwugementD'Msian r' REVIEWED & APPROVED BY. x ® Risk Management Specialist Page 'I of 1 POLICY NUMBER: GLD1110116 COMMERCIAL GENERALLIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 oR,N�F MAMeagementDIMsian r' REVIEWED & APPROVED BY. x ® Risk Management Specialist Page 1 of 1 0 NAMED INSURED: SIEMENS CORPORATION POLICY EFFECTIVE: 10-01-24 TRAVELERSAT WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY DUMBER: UB-8P83929A-24-51-x WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Risk Management DMslcrn 4++ll LL REVIEWED & APPROVED BY: fw RL ® Risk Management Specialist DATE OF ISSUE: 09-16-24 ST ASSIGN: