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HomeMy Public PortalAboutC-21-025 - MEDIASTAR, INCAMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City") and MEDIASTAR, INC., a California corporation ("Consultant") is effective as of the '� day of �,. — . , 2021. RECITALS A. City and Consultant entered into that certain Agreement for Contractual Services dated April 1, 2021 ("Agreement") whereby Consultant agreed to provide AN related services for City for two (2) years for a total contract sum of $130,400. B. Due to an increased number of public City meetings, City and Consultant desire to increase the contract sum by $40,000 to cover the costs of operating the City's AN system for additional public City Council and other meetings. C. Additionally, City and Consultant desire to increase the contract sum by $59,891 in order to update the City's AN system in the City Council Chambers to accommodate social distancing between Council Members in light of COVID-19. D. City and Consultant now desire to amend the Agreement to add the above additional services for a total not -to -exceed contract sum of $230,291. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in stfike #ffetth). A. Section 2.1, Contract Sum, is hereby amended as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Randr-ed Thifty Tb,.,,,s.,,-. 7 Fear u,.ia,.oa Dollars ($130,4" Two Hundred Thirty Thousand Two Hundred Ninety One Dollars ($230,291.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8." B. Section I.E. shall be added to Exhibit A, Scope of Services, as follows: "E. Council Chambers Upgrades to A/V system: 1. HD PTZ cameras ("straight shot" configuration, 1 per person and wide coverage) —12 units -1- 01007.000U730858.2 2. PTZ Optics — long shot to dais (Mayor) — I unit 3. Camera mounts — replace legacy camera mounts 4. PTZOptics 4D IP Joystick Controller (GENS) 5. Replace network hubs/switches for cameras 6. Certify legacy cabling for HD 7. Audio Upgrade Work (a) Replace legacy microphone with high definition microphones (plug compatible) (b) Certify audio cable for HD signals (c) Audio software upgrade for HD (d) Programming DSP (open source, no passwords on these files) 8. New Council Members Work (a) Reprogramming legacy keypads for new Council Members (b) Change voting system for new locations (rewire rack for this) (c) Change signal path to City Clerk and studio (rewire rack for this 9. Fast switching for HD signals (a) SD VDI at dais (b) SDI cabling in dais for presentation (c) HDMI-SDI for presentation inputs 10. 6 inputs for presentation at the dais (a) Added input capacity (Kramer VS -81 HD) (network controlled presentation switch) (b) Network cabling to studio (c) HD -SDI Cable to studio (d) HDMI to SDI for presentations 11. Training" -2- 01007.0001/7308582 C. Section I of Exhibit "C", Schedule of Compensation, is hereby amended as follows: I. Consultant shall perform the following tasks at the following rates: .. . . . ... . .. . .............................. . . . ..... . ...... Task ............... A ......................... ................. . .............. . .... . ..... . ........................... .... . . .............. ....................................... . ....... . ... 1 . ....................... . ..... . ....$62,400. . ........................ ....... . ... . Task B i $24,000 Task C $40,000 $80,000* . ..................... .D....................................................... Task .D..........._....._...._...__ ........ . . . ........ .............................................................. . ......... . ....................... . ............. . . ...... . ...... . .. T $4,000** Task E Task E(I) HD PTZ cameras ("straight shot" $20,400 configuration, I per person and wide coverage) —12 units Task E(2) PTZ Optics — long shot to dais (Mayor) — 1 $1,800 unit Task E(3) Camera mounts — replace legacy camera $1,595 mounts Task E(4) PTZOptics 4D IP Joystick Controller 1 $650 (GEN3) .................... -- ...................... . ........ . ......................... . ........... Task Eff) .................................... .... . .... . .. . .................................................................................. . .. . ........ . ........................................................ Replace network hubs1switchesfor cameras ............................................................................................................. $158 Task E(6) Certify legacy cabling for HD $1,500 Task E(7) Audio Upgrade Work ...... . ... . . . .............. . . ....................................... . .................. ....... . ........... . . .......... . ............................. . ... . .... . . . . ......................................... —.-- . . .......... . .. . . (a) Replace legacy microphone with high . .. . . . .............................. ......................... . . . . ............ . . ....... $6,000 definition microphones (plug compatible) ..................... . . ................ ........ . ..... . . .............. . . . ....... ................ . ...... -.- ....................................................................... . . . . . .................................................. . .............. . ......... . ...... (b) Certify audio cable for HD signals .. . ............... ............ . ...... . ..... . ......................... . ...... .. ............... $1,875 (c) Audio software upgrade for HD $2,420 (d) Programming DSP (open source, no $2,650 passwords on these files) Task E(8) ...................... . ......................... . . . . ...... . . . ..................... New Council Members Work .......... . . ---. . . . . ................................ . . . . . .................. . .............................................. ... . ........................ . .. . ...... .................. .................................. -3- 01007.0001/730858.2 * Cost is $750 per remote meeting. ** As needed and directed by Contract Officer. D. Section V. of Exhibit "C", Schedule of Compensation, is hereby amended as follows: "V. The total compensation for the Services shall not exceed $138;400 $230,291, as provided in Section 2.1 of this Agreement." -4- 01007.0001/730858.2 (a) Reprogramming legacy keypads for new $275 Council Members o zng system for new locations () Change e v t' $175 (rewire rack for this) (c) Change signal path to City Clerk and $300 studio (rewire rack for this) ..................................... I......................... _.. _............................... Task E(9) ....... . ............................................................................................................................................................... _.......... _............................ Fast switching for HD signals .... . ...................................................................... . ............................... (a) SD VDI at dais $198 (b) SDI cabling in dais for presentation $230 ....... ..................................... .._............. .................................. ....... ....................................... ........................................................................................................... _._._.............. ............... _................. (c) HDMI-SDI for presentation inputs ............................................................... ............... _................... ......... $199 Task E(10) 6 inputs for presentation at the dais (a) Added input capacity (Kramer VS -81 $3,295 HD) (network controlled presentation switch) (b) Network cabling to studio $50 ...... _... _.................................. _....................................... _....... ..................... __............................................... _...................................... _........................................... _.................................. _........ (c) HD -SDI Cable to studio ................................................................... _.... _...... _.................. $520 ......... _..__................................. _.................. _.......................... _._ .................................................................. __.._._._................................................................................................................... _....... _ (d) HDMI to SDI for presentations _.................................................................. ........................................ $1,194 .... . .......................................................... __................... _._. Task E Sales Tax ................. _._..................................... _.......... _... _.... __........... _...... _._.__._......._.._._._............................. _._................. .................... __... _....... ---.... ......... _......................... __. $4,661 .......................................................... _._..................................... TaskE(H) ............................... _........................................................................................................................................................................ _...... Training ....................................................................................... __._............. $1,600 Task E Labor $8,156 TOTAL $130,400 $230,291 * Cost is $750 per remote meeting. ** As needed and directed by Contract Officer. D. Section V. of Exhibit "C", Schedule of Compensation, is hereby amended as follows: "V. The total compensation for the Services shall not exceed $138;400 $230,291, as provided in Section 2.1 of this Agreement." -4- 01007.0001/730858.2 E. Section I. of Exhibit D, Schedule of Performance, shall be amended as follows: "Consultant shall perform all services timely in accordance with the following schedule: All tasks will be performed in accordance with the Scope of Services from the effective date of this Agreement for a period of two (2) years thereafter. Task D shall be performed approximately during the last six (6) months of the Term, if needed and as directed by the Contract Officer. Task E shall be completed by September 30, 2021." 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 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. 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. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment, 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, 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. 5. Authority. The persons executing this Agreement 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 Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. -5- 01007.0001/730858.2 [SIGNATURES ON FOLLOWING PAGE] w 01007.0001/730858.2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first -above written. ATTEST: of John W. Carroll, Sr., APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [ndp] CITY: CITY OF CARSON, a municipal corporation 64" %/,." g4" L a Davis -Holmes, Mayor City Clerk CONSULTANT: MEDIASTAR, INC., a California corporation By: N ave- 7�?raac�- Title: By: Name: Lig C)�Ue Title: StswTr_v�' Address: 702 Mangrove Avenue, #221 Chico, CA 95926-3948 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. -7- 01007.0001/730858.2 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 On , 2021 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 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. 01007.0001/730858.2 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS) OTHER THAN NAMED ABOVE 01007.0001/730858.2 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 On , 2021 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed 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 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007.000in30858.2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE ACOR 7 a C" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/03/2021 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 Jeff Fowler Insurance Services, INC 426 Broadway #205 Chico, CA 95928 CONTACT NAME: FOwler PHOJeff A/CNNo. Ext : (530)267-6268 ac No): (530)267-5555 E-MAIL ADDRESS: jeff@jfowlerins.com INSURER(S) AFFORDING COVERAGE NAIC# License #: OL07979 INSURER A: Hartford Insurance Company 07/12/2022 INSURED INSURER B: MARKEL INSURANCE COMPANY MEDIASTAR INC INSURER C: 702 MANGROVE AVE INSURER D: CHICO, CA 95926-3948 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00001498-33550 REVISION NUMBER: 13 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 ADDLSUBR___F_P_oLICY INSD WVD POLICY NUMBER EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 57SBABM0907 07/12/2021 07/12/2022 EACH OCCURRENCE $ 1,000,000 � OCCUR DAMAGE TCLAIMS-MADE PREM SESCEa occur RENTED $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PET LOC PRODUCTS - COMP/OP AGG $ 2,000000 $ OTHER: A AUTOMOBILE LIABILITY 57SBABM0907 07/12/2021 07/12/2022 EOa acBcideDtSINGLE LIMIT $ 1 OOO 000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS ! BODILY INJURY (Per accident) $ X HIRED NON -OWNED AUTOS ONLYAUTOS ONLY FX !I PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB HEXCESS OCCUR EACH OCCURRENCE $ AGGREGATE $ LIAB CLAIMS -MADE III DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I Y N / A� MWC0154455-02 06/15/2020 08/15/2021 PER OTH- XII 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 E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 1. City of Carson, its elected and appointed officers, employees, volunteers and agents are additional insureds on GL and Auto policies. 2. GL policy is Primary and Non-contributory. 3. Waiver of Subrogation endorsement in favor of City of Carson OR in favor of additional insured. CERTIFICATE HOLDER CANCELLATION / 0',x988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by JRF on August 03, 2021 at 08:08PM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CARSON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 701 E Carson Street CARSON, CA 90745 AUTHORIZED REPRESENTATIVE ,,7 v(JRF) / 0',x988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by JRF on August 03, 2021 at 08:08PM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA WC 04 03 06 (Ed. 04-84) 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. Work performed by mediastar inc at: 702 Mangrove Ave Chico, CA 95926-3948 Schedule Subrogant Information Class Code Description CITY OF CARSON 701 E Carson Street 8859 Computer Programming Or Software Development CARSON. CA 90745 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08/15/2021 Policy No. MWC0154455-03 Endorsement No. Insured: mediastar inc Premium (See Attached) Insurance Company: Markel Insurance Company Countersigned by WC040306 (Ed. 04-84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 2001 Payroll $0.00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM We waive any right of recovery we may have against: 1. Any person or organization shown in the Declarations, or 2. Any person or organization with whom you have a contract that requires such waiver. Form SS 12 15 03 00 © 2000, The Hartford Page 1 of 1 POLICY NUMBER: 57 SBA BM0907 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION THE CITY OF TRACY (INCLUDING ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS) 333 CIVIC CENTER PLAZA TRACY, CA 95376 CITY OF CARSON 701 E CARSON ST CARSON, CA 90745 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 04/22/21 Expiration Date: 07/12/22