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HomeMy Public PortalAboutC-18-081 - Dickerson Disability Consulting Amendment No. 2, ErgonomicsAMENDMENT NO.2 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment No. 2") by and between the CITY OF CARSON, a California municipal corporation ("City") and DICKERSON DISABILITY CONSULTING SERVICES, INC., a California corporation ("Consultant") is effective as of the 15th day of April, 2020. RECITALS A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1, 2018 ("Agreement") whereby Consultant agreed to provide disability consulting services for a Contract Sum of $10,000. B. On July 1, 2019, City and Consultant amended the Agreement ("Amendment No. 1") to add certain as -needed disability consulting services, increase the Contract Sum not to exceed $25,000, and extend the term of the Agreement by two (2) years so that the Agreement will expire June 30, 2021. C. Now, due to higher than anticipated needs for Consultant's services, City and Consultant desire to again amend the Agreement to increase the Contract Sum by $15,000 to a total revised Contract Sum not to exceed $40,000. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in hold italics, deleted text in st fike thr-eugh) A. Section 2.1, Contract Sum, is hereby amended as follows: "For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty Five The...., nd Deiia.s ($25 QW Forty Thousand Dollars ($40,000) ("Contract Sum")." B. Section III of Exhibit "C," Schedule of Compensation, is hereby amended as follows: "III. The total compensation for the Services shall not exceed $40,000 $25,00 , as provided in Section 2.1 of this Agreement." 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement and Amendment No. 1 shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment and Amendment No. 1. -1- 01007.(MI1653541 I 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Amendment No. 1. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. 1. Each party represents and warrants to the other that the Agreement, as amended by Amendment No. I and this Amendment No. 2, is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01007 0001/653541 1 ! IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: Donesia Gause-Aldana, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER. LLP Sunny K. Soltani, City Attorney [BWB] CITY: CITY OF CARSON, a municipal corporation Albert Robles, Mayor CONSULTANT: DICKERSON DISABILITY CONSULTING SERVIC,�S. INC.. a California corporation M "Title: Address: 10736 Jefferson I31vU. #659 Culver City, CA 90230 Two corporate officer signatures required when Consultant is u corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretarv, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY, f O I Oil? (HH)! 637723 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. Done Is a Gause-Aldana, City Clerk � APPROVED AS TO FORM: V ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [BWB] CITY: CITY F C A R S 0 brl—, A/bert kobles, Mayor CONSULTANT: corporation DICKERSON DISABILITY CONSULTING SERVI9kS, INC., a California corporation Title/' Vkej-rjey By:� Namf Title: Address: 10736 Jefferson BlvH. #659 Culver City, CA 90230 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -3- 01007.0001/637723.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only -the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES tZ, ' At� r � n 44- On 2020 before me,�� personally appeared proved me on the basW of satisfactory evidence to be th person(s) whose names(s) is/are subscr' ed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of hej5tatp, o C1if rni t r paragraph is true and correct. CHRISTIE-LEE ANDERSON COMM. # 2223497 WITNESSmy a ficial seal. Z LOS ANGELES COUNTY g NOTARY PUBLIC -CALIFORNIA Signature: �l MY COMMISSION EXPIRES FEBRUARY 23.2 22 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER 01007.0001/637723.1 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007.0001/637723.1 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EMO1tANDUM QIK INSURANCE �.arctu r� t n� IOU 4/06/2020 oducer F This memorandum is Issued as a matter of information ercer Consumer, a service of only and confers tto rights upon the holder. This Mercer Health & Benefits Administration LLL memorandum does not amend, extend or alter the P.U. Sox 19576 Coverages afforded by the Certificate listed below. Des Moines, IA 50306-3576 1-1100-375-2764 Company P yAffordin Liberty Insurance Underwriters Inc. Insured Dickerson Disability Consulting Services #413 18411 Crenshaw Boulevard Torrance, CA 90504 This is to certify that the Certificate listed below has been issued to the Insured named above for the policy period Indicated, not withstanding any reyuirennem. term or condition of any contract or other document with respect to which this meniorandunt may be Issued or may pertain, the insurance afforded by the Certificate described herein Is subject to all the terms, exclusions and conditions of such Certificate. The limits shown may have been reduced by paid rlalnts. The Memorandum of Insurance and verilication of payment are your evidence of coverage, No coverage Is afforded unless the premium Is successfully paid in full. Type of Insurance Certificate Number Effective Date Expiration Date Limits Professional Liability and General Liability ABY-609631009 04/05/2020 04/0512021 Per Incident/ $1,000,000 RehabProf Pm Occurrence Rehabilitation Professionz A Annual Aggregate 53,000,000 Mrmorandum I Ioldtr is added as an additional Insured, but only as rrsticcis to claims arising out of itie sole aegligent-t. of the Named Insured subject to the wrnu and provislun of thr policy Coverage Includes General Liability for Occurrences at 10844 Ellis Avenue 1-ouniain Valley SLA 92708-70118 arising out of die sole negligence of the Nanted Insured- Memorandum Holder. Should the above described Certificate be cancelled before the expiration date thereof, the issuing City Of Carson company will endeavor to mail 30 days written 701 Past Carson Street notice to the Memorandum Holder named to the left, Carson CA 90745 but failure to mail such notice shall impose no obligation or liability of any kind upon the company. its agents or representatives. r� Authorized Representative Mark Brostuwitz alw Mercer Consumer- a service of Macer lirettlt & Benefits Administratlmr LA, C. In (.A dba Mercer Health & Benefits itesurance Services LLC. CA License OUG39709 CERTIFICATE OF LIABILITY INSURANCE °"-M "vwwrM THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERg HO RIGHTS UPON THE Ct72TIFiCATE HOLDER. wig CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONS71TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. iMPORTANT: If this certtticits holder to an ADDiriONAL INSURED. the PoHCY(Iny must have ADDITIONAL INSURED provislons or be endorsed. H SU13ROGA770H IS WANED, subject to the forms and condWo; of the Policy, certain Policies meY require an endonkwrwnt. A atateMont on this csrtiilcsb does not confer Ins to the Carfificab holder in Ihm of such endorsemen s . I'I1OOL1GiR I WT JESSE DIX tNSURANCE R FINANCIAL SVCS Sheer Lopez Mafdon_0 760 744.125 760.744.7883 904 W IAN MARCOS BLVD sTE 7 stwwn.tatywnr�antjesse.conT SAN MARCOS. CA 92078 INSURO DWIGHT D;CKERSON 879 W 190TH ST STE 400 GARDENA, CA 90248 Iruwance THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERtOO INDICATED. NOTVHTHSTME)ING ANY REOUtREMENT, 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 DY PAID CLAIMS. s COMUERgAL CENTRAL LIASIUry CLAus-MADE 0 =,Uft EJs►LOYvw UA LITY Y 7 M PROPRIETORkANTNERlE%ECUTIvr :ER�aEiteER EJCCLUDEO'� NIA easC113CTION OF CPSUTW"s I I.00ATrOMZ I VENtCLEe V40010 101, A*&W rW Ramrr%o SChedih, mfr W stbched U tttaa waw Is nqutwd) rt:DTtnv+ATC unt nr:o CITY OF CARSONi CENL AGORC[O�AA�T'jE LIWT APPLtF9 CER: ENTATM 701 EAST CARSON STREET j CARSON, CA 60745 _ I) ~ t3ENLtiAL AiiGRfCdITE ! r'OL Y 1.....7 ,� T ❑ LOC OTHEW P'R'ODUCTS •COMPAPAGG f r e AurorroarLauAssJrY x ANY AUTO CFMdEO SCNEOIILED AUTOS ONLY AUTOS AUT ONLLYY Autos ONLYN Y Y 465 6631•A22 -55A 01122!2020 071221202() ett1E u f BOLNLv INJURY (pw pw q1 2> 250,000 &=JLY INJURY (Pet accidwo) 1 $00,KRED 000 PCR S 100,000 f tlLbRulA1AIT EJt z" LIAR OCCUR 1.,o 0 uine EACHOCCURRCNCE f EJs►LOYvw UA LITY Y 7 M PROPRIETORkANTNERlE%ECUTIvr :ER�aEiteER EJCCLUDEO'� NIA easC113CTION OF CPSUTW"s I I.00ATrOMZ I VENtCLEe V40010 101, A*&W rW Ramrr%o SChedih, mfr W stbched U tttaa waw Is nqutwd) rt:DTtnv+ATC unt nr:o CITY OF CARSONi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVOMO IN ACWR ITH THE POLICY PROVISIONS. ENTATM 701 EAST CARSON STREET j CARSON, CA 60745 _ I) ~ W T1Pee-ZIP5 ALXMD UOKPOKATION. An rights roverved. ACORD 25 (2016M3) The ACORD name and logo are registered marks of ACORD 10MA 6 132".13 04424=