CITY OF SIMI VALLEY
MEMORANDUM
J
une 23, 2025
T
O: City Council
F
ROM: Department of Administrative Services
S
UBJECT: APPROVAL OF THE SECOND AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF SIMI VALLEY AND INFITINTY TECHNOLOGIES
STAFF RECOMMENDATION
S
taff recommends that the City Council:
1. A
pprove the attached second amendment to the agreement with Infinity Technologies extending the agreement for one year, from July 1, 2025 to June 30, 2026, increasing the not-to-exceed amount to $200,000 with an option to extend the agreement for two (2) additional one-year terms; and
2. A
uthorize the City Manager to approve any subsequent contract amendments as well as incorporate future budgeted funds into the contract a mount for the two (2) one-year term extensions in accordance with the contract.
BACKGROUND AND OVERVIEW
T
he City entered into an agreement with Infinity Technologies on May 15, 2023, for assistance with the City’s Geographic Information Systems (GIS) (See Attachment A , page 5) . GIS technology is used by many City divisions that have information to be displayed in a map format, for example: parcel maps, asset tracking, and emergency services.
I
nfinity Technologies supports the City’s GIS Coordinator by assisting with third-party system integrations, GIS data improvements, GIS application review and development, and other tasks as needed. As this work is ongoing, a first amendment to the contract was approved by the City Manager on April 19, 2024, to extend this contract through June 30, 2025, and increase the not -to-exceed amount to $100,000 for continuing services (See Attachment B, page 18). T he proposed second amendment exceeds the City Manager’s authority to extend further absent authorization from City Council.
FINDINGS AND ALTERNATIVES
D
espite consistent progress since the City hired a new GIS Coordinator, a large list of GIS projects and requests for new or improved functionality, updating information and maps, and upgrading and re- architecting the software environment for security and stability remains. Infinity Technologies is highly skilled and knowledgeable in this area , and its continued use greatly enhances the City staff’s efficiency and capacity for GIS AGENDA ITEM NO.
Consent (5)
2 projects. These services are paid out of the City’s GIS Operating Fund (Fund no. 807).
Funding is available in the FY 2025-26 Approved Budget to fund these services.
The following alternatives are available to the City Council:
1. Approve the attached second amendment to the agreement with Infinity Technologies extending the agreement for one year, from July 1, 2025 to June 30, 2026, increasing the not -to-exceed amount to $ 200,000, with an option to extend the agreement for two (2) additional one-year terms; and,
2. Authorize the City Manager to approve any subsequent contract amendments as well as incorporate future budgeted funds into the contract amount for the two(2) one-year term extensions by the contract.
3. Do not approve the amendment and provide other direction to staff.
Staff recommends alternatives No. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I move to approve the second amendment to the agreement with Infinity Technologies extending the agreement for an additional year from July 1, 2025, to June 30, 2026, increasing the total not-to-exceed amount to $200 ,000, authorize the City Manager to approve any subsequent contract amendments as well as incorporate future budgeted funds into the contract amount for the two (2) one year term extensions.
SUMMARY
To ensure continued GIS operations support, staff recommends approving the Second Amendment to the agreement with Infinity Technologies and authorizing the City Manager to approve future contract amendments and incorporate budgeted funds for the two (2) one-year extensions allowed under the contract.
The City originally entered into an agreement with Infinity Technologies on May 15, 2023, to support GIS needs across departments (Attachment A). A First Amendment, approved by the City Manager on April 19, 2024, extended the term through June 30, 2025, and increased the not -to-exceed amount to $100,000 (Attachment B). As the proposed Second Amendment exceeds the City Manager’s authority, City Council approval is required.
____________________________________
Carolyn Johnson
Administrative Services Director
Prepared by: Taylor Dacus, Senior Management Analyst
INDEX Page
Contract Second amendment………………………………………………………3
Attachment A: Contract with Infinity Technologies for GIS Support…………...5 Attachment B: First Amendment to the Contract withInfinity Technologies…18
SECOND AMENDMENT TO
AGREEMENT NO. 3230128 BETWEEN
THE CITY OF SIMI VALLEY AND
INFINITY TECHNOLOGIES
THIS SECOND AMENDMENT (“Amendment”) is made and entered into this 23rd day of June 2025, by and between the CITY OF SIMI VALLEY , a general law city and municipal corporation (“CITY”), and Infinity Technologies, a California S-Corp. ("CONSULTANT").
1. Pursuant to Section 8 of Agreement No. 3230128 (“Agreement”), CITY desires to amend Section 2, Term, and Section 4 A. Compensation and Payment to read as follows:
“2. Term. The term of this CONTRACT shall be from July 1, 2025, through June 30, 2026. The City Manager may extend this CONTRACT for two (2) additional one- year terms upon mutual written consent of the CITY and CONSULTANT.”
“4. Compensation and Payment.
A. The total compensation payable to CONSULTANT by CITY for services under this CONTRACT is increased by$100,000 for a total sum of $200 (the ‘Not-To- Exceed Amount”) and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Scope of Work and Costs” as set forth in Exhibit “A” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not -To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT.
2. ELECTRONIC SIGNATURES. This Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Amendment binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3230128 remain the same.
[SIGNATURES ON NEXT PAGE]
3 City of Simi Valley
2nd Amendment to Agreement No. 3230128
Infinity Technologies
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk D ee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Infinity Technologies
By:
Algeria R. Ford, City Attorney
Print Name: Mohammed Ahmed
Approved as to Content: Title: President
By:
Samantha C. Argabrite, City Manager
Print Name: Sara Iqbal
Title: Secretary
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Carolyn Johnson,
Administrative Services Director
4 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND INFINITY TECHNOLOGIES
FOR GIS SUPPORT
THIS CONTRACT is made and entered into in the City of Simi Vall ey on this 15 th day of May 2023, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and INFINITY TECHNOLOGIES, an S-Corp, hereinafter referred to as CONSULTANT, each a “Party” and collectively, “Parties”.
RECITALS
WHEREAS, on March 29, 2023, CITY requested proposals for the GIS system support and
WHEREAS, pursuant to such request, CONSULTANT submitted a propo sal, which was accepted by CITY for the services.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct and are a part o f this CONTRACT.
2. Term. The term of this CONTRACT shall be from the date signed below through June 30, 2024.
3. Description of Services. The services to be performed by CONSULTANT are as follows:
CONSULTANT shall provide subject matter expertise and technical support related to reorganizing, streamlining, and modernizing the GIS platform. CONSULTANT agrees to perform the services more spec ifically set forth in the “Sco pe of Work and Costs” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT will meet with CITY at least monthly to discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same.
4. Compensation and Payment.
A. The total compensation payable to CONSULTANT by CITY for services under this CONTRACT sha ll not exceed the sum of $49,000 (the “Not-To-Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Scope of Work and Costs” as set forth i n Exhibit “A” attached hereto and incorporated herein. CONSULT ANT acknowledges that CONSULTA NT is not guaranteed to receive the Not-To -Exceed Amount or any particula r or minimum amount of compensation or work under this CONTRACT.
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 5 B. After CONSULTANT has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY-authorized services received by CITY at the rates establis hed as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not-to-Exceed Amount unless otherwise agreed to by the parties in writing.
C. Payments to the CONSULTANT shall be made within 30 days after receipt of an original invoice from the CONSULTANT and ac ceptance of the services by CITY.
D. CONSULTANT shall provide CITY with written verification of the actual compensation earned, w hich written verification will be in a form satisfactory to CITY. Invoices shall include the work performed including a li st of hours worked by personnel.
5. CONSULTANT’s Representations and Obligations.
A. CONSULTANT shall perform as required by this CONTRACT.
CONSULTANT also warrants on behalf of itself and all subcontrac tors engaged for the performance of this CONTRACT that only persons authorized to wo rk in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONSULTANT shall obey all Feder al, State, local, and special district laws, ordinances, and regulations.
C. CONSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.
D. CONSULTANT acknowledges C ITY may contract with other parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
6 . Audit.
A. At any time during normal business hours and as often as the CITY may deem necessary, CONSULTANT shall make available to CITY for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit C ITY to audit, examine and/or reproduce such records. CONSULTANT will retain such fin ancial records, time sheets, work progress reports, in voices, bills and project reco rds for at least two (2) years after termination or final payment under this CONTRACT. This p aragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in prepa ring its statements to CITY as a condition precedent to any payment to CONSULTANT.
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 6 7. Hold Harmless and Indemnification . CONSULTANT shall defend, indemnify, and hold harmless CITY, its agents, officials, offic ers, representatives, and employees, from and against all claims, lawsuits, liabilities o r damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONSULTANT, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or n on-performance of this CONTRACT. The CONSULTANT shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CITY shall be incl uded as an Additional Insured in the automobile/ liability insurance policies and endorsements of the CONSULTANT. The CONSULTANT must select an attorney acceptabl e to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
8. Amendments. Any amendment, modificati on, or variation from the provisions of this CONTRACT shall be in writing and shall be ef fective only upon mutual written approval by the CITY and CONSULTANT.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontrac tors to engage in, discrimination in employment of persons because of the age, rac e, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Personal Services. This Agreement is for professional services, which are personal to CITY. Mark Dumfor d is deemed to be specially e xperienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Shou l d a n y s u c h i n d i v i d u a l b e removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.
11. Termination. If, during the term of this CONTRACT, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to p erform. The notice must give to the CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) d ays specified in the notice, su ch failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, CITY, if it terminates this CONTRACT for cause, may withhold as an offset from paym ents due CONSULTANT damages occa sioned by such breach, including liquidated damages, if so provided herein. The CITY shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the CONTRACT amount.
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 7 12. Delivery of Reports in Cases of Termination . If this CONTRACT is terminated pursuant to any of t he provisions contained hereinabove, and if requested to do so in writing by the CITY, the CO NSULTANT shall, within fourteen (14) calendar days after receipt of such written request, deliver and turn over to the C ITY all of its preparation and work on the project which were done to the date of the receipt of the notice of termination.
The terms "preparation" and "wor k" as used in this paragraph, s hall refer to and include all data and materials of whatever t ype that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
13. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the par ties hereto. No verbal agreement, understanding, or representation not reduced to writ ing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
14. Independent Contractor . It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.
CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate in any pension plan, insurance or o ther benefits CITY provides for its employees.
CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in wh ich it is performed. Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exerc ise a measure of control over the work means that the CONSULTANT will follow the direction of the CITY as to the results of the work only.
15. Time of Performance. Time is of the essence in this CONTRACT.
16. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as cont ained in Exhibit “B”, incorpo rated herein.
CONSULTANT shall not commence work on the Services to be perfor med, until it submits proof of all insurance coverage as required.
17. Ownership of Reports and Data. The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the CITY by any of the other party(ies) with whom the CONSUL T A N T m a y h a v e contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY.
18. Conflict of Interest . Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in prop erties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto.
If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non-performance purs uant to Section 11 herein.
In accordance with California Government Code Section 87306, CO NSULTANT shall provide, if requested by CITY, a Conflict of Interest Statement , Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONT RACT. Failure to file any of the required statements will result in withholding payment for services rendered.
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 8 19. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall a ssign any of the benefits and burde ns hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
20. Authority to Execute CONTRACT. Both CITY and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
21. Jurisdiction and Venue. Jurisdiction is in an ap propriate court in the State of California and venue li es in Ventura County, and the p arties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by Californi a law, without regard to conflict of law principles.
22. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget a nd within an available, unexhausted and unencumbered appropr iation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
23. Taxpayer Identification Number. CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
24. Permits and Licenses. CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
25. Waivers. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
26. Statement of Experience. CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertis e generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addit ion, CONSULTANT understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monit or, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a conseq uence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 9 27. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, post age prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRA CT are effective on the day of r eceipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
CITY Administrative Services Department
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Deputy AS Director (Information Services)
CONSULTANT Infinity Technologies
P O B o x 5 8 2404
E l k G r o v e , C A 95758
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
B y :
Lucy Blanco, City Clerk Brian Paul Gabler, City Manager
Approved as to Form:
INFINITY TECHNOLOGIES
D a v i d L . C a c e r e s , C i t y A t t o r n e y B y :
Mohammad Ahmed, President
Approved as to Content:
B y :
Sara Iqbal, Secretary
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Carolyn Johnson
Administrative Services Director
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 10 EXHIBIT “A”
SCOPE OF WORK
CONTRACT FOR PROFESSIONAL SER VICES BETWEEN THE CITY OF
SIMI VALLEY AND INFINITY TECHNOLOGIES FOR GIS SUPPORT
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 11 DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 12 DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 13 DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 14 EXHIBIT “B”
INSURANCE REQUIREMENTS
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SIMI VALLEY AND INFINITY TECHNOLOGIES
FOR GIS SUPPORT
Consultant shall procure and main tain for the duration of the c ontract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, i ts agents, representatives, or employees. Consultant shall procure and maintain for the dur ation of the contract insurance claims arising out of their services and including, b ut not limited to loss, damage, theft or other misuse of data, infringement of intellectual pro perty, invasion of privacy and breach of data.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability ( CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggr egate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 o r 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insuranc e Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no les s than $1,000,000 per accident for bodily injury or disease. Consultant hereby certif ies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
4. Technology Professional Liabi lity Errors and Omissions Insur ance appropriate to the Consultant’s profession and work hereunder, with limits not les s than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
a. The Policy shall include, o r be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant. If not covered under the Consultant’s liability policy, such “property” covera ge of the City may be endorsed onto the Consultant’s Cyber Liability Policy as covered property as follows:
b. Cyber Liability coverage in an amount sufficient to cover th e full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Consultant.
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 15 c. The Insurance obligations under this agreement shall be the greater of 1) all the Insurance coverage and limits carried by or available to the Co nsultant; or 2) the minimum Insurance requirements shown in this agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to City. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the indemnity or other obligations of the Consultant under this agreement.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Simi Valley, its Boards, Officers, Agents, Official s, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of a n endorsement to the Consultant ’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at l east as broad as ISO CG 20 01 04 13 as respects the City of Simi Valley, its Boards, Officers, Agents, Officials, employ ees, and volunteers. Any insurance or self-insurance maintained by the City of Simi Vall ey, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payme nt of any loss under such insurance. Consultant agrees t o obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.
DocuSign Envelope ID: C144017F-2300-4E77-9885-51E58B0B0A1F 16 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to pr ovide proof of ability to pay losses and re lated investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that t he self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct b usiness in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown, and this date must be be fore the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy lan guage effecting coverage required by this clause) and a co py of the Declarations and Endorsement Page of the CGL policy listing all policy endorse ments to City before work begi ns. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policie s, including endorsements requ ired by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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Carolyn Johnson
Digitally signed by Carolyn
Johnson
Date: 2024.04.18 14:05:14 -07'00'
Johanna M.
Medrano
Digitally signed by Johanna
M. Medrano
Date: 2024.04.22 13:19:18
-07'00'
Brian Paul
Gabler
Digitally signed by
Brian Paul Gabler
Date: 2024.04.23
16:32:44 -07'00'
18
FIRST AMENDMENT TO
AGREEMENT NO. 3230128 BETWEEN
THE CITY OF SIMI VALLEY AND
INFINITY TECHNOLOGIES
THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 19 th day of April
2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“CITY”), and Infinity Technologies, a California S-Corp, (“CONSULTANT”).
1. Pursuant to Section eight (8) of CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF SIMI VALLEY AND INFINITY TECHNOLOGIES FOR GIS SUPPORT (“Agreement”), CITY wishes to modify section “2, Term” and section “4(A), Compensation and Payment” to read as follows:
“2. Term. The term of this CONTRACT shall be from May 15 th, 2024 through June
30, 2025”
“4. Compensation and Payment.
A. The total compensation payable to CONSULTANT by CITY for services under this CONTRACT is increased by $51,000 for a total sum of $100,000 (the ‘Not- To-Exceed Amount”) and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Scope of Work and Costs” as set forth in Exhibit “A” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not-To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT.
2. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3230128 remain the same.
[SIGNATURES ON NEXT PAGE]
DocuSign Envelope ID: 89AB4BE5-C165-49FB-8B98-471ECF8408C0 19 City of Simi Valley
First Amendment to Agreement No. 3230128
Infinity Technologies
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Brian Paul Gabler, City Manager
Approved as to Form: Infinity Technologies
By:
Algeria R. Ford, City Attorney
Print Name: Mohammad Ahmed
Approved as to Content:
Title: President
Johanna Medrano, By:
Deputy Administrative Services Director/
Budget & Purchasing Print Name: Sara Iqbal
Title: Secretary
Carolyn Johnson,
Administrative Services Director
DocuSign Envelope ID: 89AB4BE5-C165-49FB-8B98-471ECF8408C0 20