HomeMy WebLinkAboutTELFORDS (2) - 2014INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
nar- /APR 17 1014
FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT, is entered into on March 4, 2014, by and
between TELFORDS, a partnership (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 -146, 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 ftmds, 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."
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 force and effect.
A- 2014 -065
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement
on the date and year first written above.
ATTEST:
MARIA D. I UIZAR
Clerk of the Council
APPROVED AS TO FORM:
By: C
\I
Laufa Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
TELFORDS
AME)
(Title),
WORKERS' 90MPENSATION DECLARATION
I L w-- hereby affirm under penalty of penury, the
(N ane}
following declaration:
I certify on behalf of / M1 C%%S that during the term of my
( aaizgJon Nam)'
contract with the City of Santa Ana, I will not
employ any person in my manner so as to become subject to the workers' eompensatioo
laws of California, and agree that if I should become subject to the workers
compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply
with those provisions,
DATE;/
-Fe- l09'c/�
B.y: )
Title:
WARNING: FAILURE TO SECURE WORKERS' COMPENSATIOI\'1 COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES
AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
Page 1 of 1
Kelly, Lynda
From: Sheedy, Laura
Sent: Wednesday, March 01, 2006 2:21 PM
To: Gergen, Tom
Cc: Kelly, Lynda
Subject: Telfords
Tom
Confirming our conversation this afternoon, due to the nature of the services provided by Telfords, no general
liability nor auto insurance is required under this Agreement.
The City must enforce the Workers Compensation requirement if Telfords has any employees subject to Workers
Comp. If they have no such employees, please ask the company to execute the attached Workers Compensation
declaration, and return it to the City to retain in our files.
If you have any questions about this insurance, please give me a call.
Thank you
Laura Sheedy
Gergen, Tom
From:
Storck, Lisa
Sent:
Thursday, April 03, 2014 10:20 AM
To:
Mitre - Ramirez, Norma; Trujillo, Rose Ann
Cc:
Gergen, Tom
Subject:
Telfords - Agreement Amendment
Good Morning—Due to the nature of the services provided by Telfords, no general liability or auto insurance should be
required under the Agreement or Amendments thereto. It is my understanding that this Consultant doesn't have any
employees and has submitted a declaration to that effect that is on file with the City. If you have any questions in this
regard, feel free to give me a call.
Thank you.
Lisa E. Storck
Asst. City Attorney
City of Santa Ana
Phone: (714) 647 -5201
FAX: (714) 647 -6515
lstorcl<(@santa-ana.org
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