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PERFORMANCE EXCELLENCE PARTNERS, INC. 4B - 2011
N-2011-043-002 Q'v2/-/ - - - - SECOND AMENDMENT TO AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT ~ , ~p JS A~~rc 2 THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 15"' day of December, 2011, `.~,.,by and between Performance Excellence Partners, Inc. ("Contractor") and the City of Santa Ana, a charter city and vUZ-Zrnunicipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City and Contractor entered into that certain Agreement Under the Workforce Investment Act effective January 20, 2011 (Agreement N# 2011-043), hereinafter referred to as "said Agreement". B. The parties previously amended said Agreement to extend its Term. C. The parties hereto now desire to again amend the Scope of Services and extend the Term of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section I. "Time Period of Agreement" is hereby extended through June 30, 2012. 2. Section III "Scope of Services" shall be updated to revise the scope of services as set forth in Exhibit A, dated December 1, 2011, which is attached hereto and incorporated herein. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. CITY OF SANTA ANA, a municipal corporation of the State of California ATTEST: "CITY" By: Maria D. Huizar Paul M. Walters Clerk of the Council Interim City Manager APPROVED AS TO FORM: "CONTRACTOR" Joseph Straka Performance Excellence Partners, Inc. Interim City Attorney BY: c~ BY: Lisa E. Storck Name: Rachel Ramirez Assistant City Attorney Title: President PERFORMANCE EXCELLENCE PARTNERS 20911 Cabrillo Lane I Huntington Beach, CA 92646 1 Toll Free: 800-715-1140 1 Fax: 714-374-1120 December 1, 2011 Performance Excellence Partners, Inc. City of Santa Ana 2011 Marketing Development Contract To: Linda Oberman Tax I.D. No. 54-20022104 Economic Development Manager Terms: Upon Request City of Santa Ana Invoice: Santa Ana Job: Marketing and Outreach Materials Date: 12/01/11 Marketing Materials Fees Annual Report $11,200 Logo (1 logo for fiscal year) $2,500 DOL 12 Sector Fact Sheets $3,500 Electronic Newsletter $800 Vietnamese and Spanish Translations $3,000 Website Content Review & Recommendations $1,500 Project Management $2,500 Wrap-up and Printing Assistance • Work Center Postcards • Reference Guide • Work Center Folder • Thank You Cards • 12-Sector Fact Sheets Grand Total: $25,000 Linda Oberman Rachel Ramirez Date Date Leading Thinking for Lasting Results California Colorado Florida Illinois New Hampshire Washington D.C. www.pep8a.com Summary of Deliverables Annual Report Produce a poster-size, one-page, double-sided color document to promote the 2010 performance report for the Santa Ana Workforce Investment Board. Logos Produce the following logo on behalf of the Santa Ana Workforce Investment Board and the Santa Ana Work Center: Santa Ana WIB Logo DOL 12 Sector Fact Sheets Produce one-page. 81/2x 11 Department of Labor work sector fact sheets to promote industry careers and educational needs. Electronic Newsletter Create and disseminate 6 electronic newsletters to promote the Workforce Investment Board. Vietnamese and Spanish Translations Produce Vietnamese and Spanish translations of the following marketing materials • Work Center Postcards • Reference Guide • Two informational brochures • 12-Sector Fact Sheets Website Content Review & Improvement Review website content and make changes for improvement to the Workforce Investment Board and Work Center website using its current design and site map. Project Wrap-Up and Printing Final document printing and deliverables for the following projects: • Thank You Cards • Work Center Postcards • Reference Guide • Work Center Presentation Folder • Multi-use format of all documents OP ID: BA CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDD/YYW) 10113111 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(les) 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). CONTACT RODUCER 909-435-0230 NAME: ,awyer Cook Insurance 909-798-7971 PHONE (A/C, No): 200 California St., Ste 260 (Alt, No, Ext); ledlands, CA 92374 E-MAIL ADDRESS: Tic Sammons N-2011-043-002 PRODUCER cusTgM_eH tl? a:PERFO-7 INSURER(S) AFFORDING COVERAGE NAIC # NSURED Performance Excellence Partner INSURER A: Travelers 136161 Tami Berg INSURER B :Travelers 136161 20911 Cabrillo Lane INSURER C : Philadelphia Insurance Huntington Beach, CA 92646 INSURER 0 INSURER E : _ INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. S A15DLI$UBR' POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INS' Wvn POLICY NUMBER fMMIDDIYYYYI MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 4 X COMMERCIAL GENERAL LIABILITY X 1680-5A432002 09/27/11 09/27/12 ! PREM SES. Ea occurrence) $ 300+00 CLAIMS-MADE X OCCUR RTj~ MED EXP (Any one person) $ 5+00 ASS` rV0 ~Q PERSONAL & ADV INJURY $ 1,000,00 (GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. s- K PRODUCTS - COMP/OP AGG $ 2,000+00 POLICY PRO- LOC CJ L. QR('i $ AUTOMOBILE LIABILITY 'L 1ty AttO COMBINED SINGLE LIMIT $ 1,000,00 tan/ (Ea accident) ANY AUTO ~$15 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ A X HIRED AUTOS 680-5A432002 09/27/11 09/27/12 (Per accident) X NON-OWNED AUTOS 680-5A432002 $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X ' WC STATU- OTH AND EMPLOYERS' LIABILITY i TORY LIMITS ER B ANY PROPRIETORIPARTNERIEXECUTIVE Y SUB-6A123682 09127/11 09/27/12 E.L. EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? NIA • 1,000,00( (Mandatory in NH) E_ .L. DISEASE - EA EMPLOYEE, $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00 C Professional Liab PHSD662866 09/27/11 09/27/12 (Aggregate 1,000,00 ,Each Clm 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) .Ity of Santa Ana is named as additional insured per attached CG D1 06 04 94 tndd Primary Wording per attached CG DO 37 04 05. CERTIFICATE HOLDER CANCELLATION CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009/09) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a, on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi- and Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- 2. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, in- a. Limits of Insurance -The following limits of eluding: liability apply: 1. The preparing, approving or failing to 1. The limits which you agreed to provide; prepare or approve maps, drawings, or opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed G SP SyOPCorney 11*S1staok G CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The "personal injury" or "advertising injury" for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and lO S~ ~~aCne`! ~SS`S,~art CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT Insurance Company Travelers Casualty Insurance Company of America This endorsement modifies such insurance as is afforded by the provisions of Policy # 680-5A432002 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana. California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as io afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) FffPrtivP 10/13/2019 thi-, enrinr-,PmPnt fnrm as a part of _ Policy # 680-5A432002 Issued to Pprfnrmanrp Fyrpilanrp Partner Named Insured Countersigned by+ Authorized Represent tive A~ ,0 VOO ~RGK ``SP E, Sy pttorne`1 pe55~s{apt C L~ ~f~