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HomeMy WebLinkAboutSOFTMASTER, INC. - 2014INSURANOV ON RU; !iXt- DATE � g APR 15 2614 FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT, is entered into on March 4, 2014, 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: CJ 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 consulting basis. B. The parties executed Amendments dated October 6, 2008, September 8, 2009, December 20, 2010, and September 4, 2012, by which the term was extended and compensation added to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to again extend the term of said Agreement and provide 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 Fifth Amendment to Agreement, the parties agree as follows: 1. 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 the later of September 30, 2014, or the expenditure of allocated funds, unless earlier terminated in accordance with Section 13, below. The City Manager is authorized to extend the term of said Agreement for one additional six -month period. Said extension shall be on the terms and conditions set forth in said Agreement, and may provide for additional compensation as set forth below." 2. Section 4, "COMPENSATION ", shall be amended to increase total compensation by $1,700,000.00, to pay for additional services provided during the extended term of said Agreement. Said total compensation shall be allocated among all Consultants selected by the City, at the City's sole discretion. The City Manager, in exercising the option to extend the term as set forth above, may increase compensation by up to an additional $1,700,000.00." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full farce and effect. 1 � IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement on the date and year first written above. ATTEST: /D- MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: !Lc Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager SOFTMASTER AME) GO, �yA,rr,etl (Title) 6�70O ARV CERTIFICATE OF LIABILITY INSURANCE 8022 4/7/2014 DATE(MWTDIYYYY) THIS CERTIFICATES 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. I , IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATIONIS 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). gODGCER THE MASTER INSURANCE AGNCY INC /PHS COMA CT NAME: i F1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is Indicated below: Policy Number: 72 SBA AK5642 DX Named Insured and Mailing Address; SOFTMASTER INC 1142 S DIAMOND BAR BLVD # 386 DIAMOND BAR CA 91765 Policy Change Effective Date: 04/04/14 Policy Change Number: 004 Effective hour is the same as stated in the Declarations Page of the Policy. Agent Name: THE MASTER INSURANCE AGNCY INC /PHS Code: 186512 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANCES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSURED(S) ARE ADDED THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 002 BUILDING 001 PERSON /ORGANIZATION: SEE FORM IH 12 00 FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: PRO RATA FACTOR: 0.885 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 11 04 05 T Page oo1 (CONTINUED ON NEXT PAGE) Process Date: 04/04/14 Policy Effective Date: 02/20/14 Policy Expiration Date: 02 /20/15 POLICY NUMBER: 72 SBA AK5642 ro THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON - ORGANIZATION CITY OF SANTA ANA ITS OFFICERS, AGENTS, 20 CIVIC CENTER PLAZA PO BOX 1988 -M12 SANTA ANA, CA 92702 AND EMPLOYEES Form IH 12 00 1185 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 04/04/14 Expiration Date: 02/20/15