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HomeMy WebLinkAboutiWATER, INC. (2)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES A-2020-049 oG log I ?oz=Q �1 OF COUNCIL 12 Goo ye. ry ®fir 12 Goodyear, Suite 130 if 4"rL SOFTWARE LICENSE AND SUPPORT AGREEMENT 1 �=, CA 92618-7747 infrawiIAP Phone: 949-768-05d9 Fan: 949-768-4155 lady v06atL�l pw�. ba This agreement effective as of the last date signed below (the "Effective Date') is between iWater, Inc. ("iWater"), and City of Santa Ana ("Licensee") and consists of this infraMAP® Software License and Support Agreement and the attached exhibits referenced below (collectively, "Agreement"). a A SCOPE OF LICENSE GRANT CD For a maximum term of five (5) years from the Effective Date, subject to payment of Monthly License Support Fee and ,J applicable fees set forth on Exhibits A and B, Licensor hereby grants to Licensee, and Licensee hereby accepts, a N nonexclusive, non -transferable license to use the iWater infraMAP& Software and Related Materials (collectively, the o "Software") as defined in, and in accordance with the terms of this Agreement. The initial term is for three (3) years with an 0 option to renew annually for an additional two (2) years from the Effective Date. SUPPORT AND MAINTENANCE iWater shall provide Software Maintenance & Support as detailed below, in exchange for payment of Monthly License Support Fee. After the initial three (3) years, at the sole option of the Licensee, Maintenance & Support may be extended in one (1) year increments for the remaining 2-year period at the prices and payment terms stated in Exhibits A and B. Software Maintenance & Support services include: I. Improvements, updates, or modifications to the infraMAP® Software product purchased that iWater makes generally available as a minor release or update. 2. Access to iWater's Technical Support Team ("Help Desk`) to answer questions, provide email and telephone support, as well as assistance during normal business hours for current versions ofinfraMAP® software. iWater will investigate all questions and problems promptly. Licensee agrees to provide adequate information to iWater to assist in the investigation and to confirm that any problems have been resolved. If deemed necessary, iWater may also provide on - site support. 3. Software License Support fees must be pre -paid monthly and are non-refundable for any reason. GENERAL PROVISIONS AND DEFINITIONS I. Software: "Software," as used in this Agreement, includes the following infraMAP® software products and extensions thereof; infraMAP®, infraMAND Enterprise, infraMAP® Field, infraMAP® Manager, infraMAP® NOW, infraMAP® PLUS, infraMAP® Standard, infraMAP® 811 Tickets, infraMAP® Desktop, infniMAP® IOS, infiraMAP® Android, infraMAP® Server, (individually and collectively, "Licensed Products" or "Software"), and additional or successor Software products marketed or licensed. 2. License Use: Licensee shall not copy the License Products or Software, nor shall the Licensee allow their use by others, without the express and written permission of iWater, excluding the use for backup, archival, and in-house disaster recovery purposes. Licensee furthermore agrees not to: A. Reverse engineer any part of the Licensed Products, in part or in their entirety; B. Distribute, sell, or otherwise transfer any part of the Licensed Products. C. Create any derivative works or products based on or derived from the Licensed Products or documentation or modify any Licensed Products or documentation without the prior written consent of iWater. In the event of a breach of this provision, said modification, derivative work, or product based on the Licensed Products or documentation is hereby deemed assigned to iWater (without limiting their remedies). 3. Protection of Intellectual Property Rights: Licensee will reproduce and include any copyright, patent, trademark, or restrictive legends or notices on all items licensed under this Agreement and shall take other necessary steps to protect iWater's and its licensor's intellectual property rights. 4. No Implied Waivers: The failure of either party to uphold or enforce any provision of this Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 5. Severability: The parties mutually agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable. 6. Independent Contractor: iWater is, and at all times will be, an independent contractor. Nothing in this Agreement shall be deemed to create an employer/employee, principal/agent, or joint venture relationship. Neither party has the authority to enter into any contracts on behalf of the other party or otherwise act on behalf of the other party. 7. Force Majeure: If the performance of this Agreement or any obligation except the making of payments, is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, or power; war, terrorist act, cyber-attack, or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency; or Page I of 6 infrad4APO Software License and Support Agreement 1.27.2020 ralonp y ,0...., any act or condition whatsoever beyond the reasonable control of the affected party; the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention,. restriction, or interference. S. Counterparts: This Agreement may be executed in counterparts, all of which, taken together, shall be deemed one (1)' original document. 9. Successor and Assigns: Neither !Water nor Licensee shall assign, sublicense, or transfer its rights nor delegate its obligations under this Agreement without the other party'sprior written consent, which. shall .not be unreasonably withheld, and any attempt to doso:without consent shall bo void. This Agreement shallbe binding upon the respective. successors and assigns of the parties to this Agreement. 10. Equitable Relief; The parties agree that any breach of this Agreement by one party may cause irreparabledamage to. the non -breaching party and that, in the event of such breach, in addition to any and all remedies of law, the non. breaching,party shall have the right to seek an injunction, specific performance, or other equitable relief lu any court of competent jurisdictiohto prevent violation of these terms and without the requirement of posting bond or undertaking of proving injury as condition forrelief.. I1.. Governing Law: This Agreement shall be governed by and construedin accordance with the laws of the State of California without reference to conflict of laws principles. Either party may give the other party written notice of any dispute not resolved in the normal course of business. The parties shall thereupon attempt in good faith to resolve such a dispute promptly by negotiations between executives who: have the authority to settle the dispute. If the dispute has notbeen resolved within sixty (60) days, after such written notice is given, either party may avail itself of any process or means legally available to it to resolve the dispute. 12.Insurance. iWater shall maintain during the; performance of this Agreement policies: ofinsurance -asfollows: : General Liability: iWater shall maintain commercial general liability (CGL) insurance written on Insurance Services Office form CG 00 01 or equivalent and shall cover claims for injuries to persons or. damages to property which may arise from or in connection with the performance of the work or services hereunder bylWater, its agents, employees, representatives, or subcontractors: The lbuit for this insurance shall be not less than $1,000,000.00 per occurrence, and $2,000,000 in the annual aggregate, Automobile Liability: iWater shall maintain business automobile liability insurance with coverage for vehicles including those owned, hired, and non owned. The limit amountfor thisinamance shall be not less than S1,000,000,00 per occurrence, combined single limit for bodily injury and property damage.. Workers' Compensation: iWater shall maintain Workers' Compensation. insurance, as required by law in the State of California, and Employers' Liability Insurance in an amount not less than $1,000,000,001 per occurrence. Professional Liability: iWater shall maintain professional liability insurance with coverage for wrongful arts, errors, or omissions committed by iWater in the course of work performed for Licensee under this Agreement. This insivance shall include coverage for liability assumed under this Agreement when iWater's wrongful acts, errors, or omissions cause such liability. The limit for this insurance shall benot less than $1,000,000.00 per claim. Insurersshall have a current A.M.:Beat's rating of no Jess than A:6 or equivalent unless otherwise appi oved by:Licensec in writing, In addition; all insurers must be authorized to conduct business in the State of California,: as evidenced by a listing in oifieial publication of the Department of Insurance ofthe State of California. Thepremiums for insurance coverage shall be paid in full by iWater; exclusive of any waivers of subrogation. Upon written request;; Certificates of insurance and endorsements, verifying the insurance coverage required by this Agreement, shall be provided to Licensee within five (5)calendar days. 13. Pricing and Sales Tax: Licensee shall be responsible for all state or local sales tax, whether or not specified previously or elsewhere. 14. Term and Terminations. A.!Water has the unilateral right, but notobligation, to terminate this Agreement and the corresponding right to use Software, without further action or notice and without refund of fees for the applicable period, immediately upon any material breach by Licensee of any provision of this Agreement. In this case, Licensee shall promptly pninstaft and return all Software and Related Materials to iWater, and permanently erase 411 from any computer and storage media, and provide proof thereof: B. Licensee agrees to pay iWater in full for all Software and services for the applicable period( provided prior to termination of Agreement. Paget of 6 infrahlAP6 Software License and Suppor7 Agreement L27.2020 aver mfratns?r""- C. Upon termination of this Agreement for any reason, all obligations and fees that accrued prior to the effective date of termination and any remedies for breach of this Agreement shall survive any termination. No refunds will be given for unused portion of any annual services or licenses. 15. Notices: All notices, demands, requests, or approvals to be given under this Agreement, shall be given in writing and shall be deemed served when delivered. personally or on the third business day after confirmed email or the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. To iWater• iWater, Inc. Attn: Julie Rhodes, CFO 12 Goodyear, Suite 130 Irvine, CA 92618 Email: jrhodes iwater.orz To Licensee: Licensee: City of Santa Ana Attn: Clerk of the Council Address: 20 Civic Center Plaza, P.O. Box 1988_ Santa Ana, CA 92702 With copy to: Executive Director, Public Works Agency (at the same address) The parties acknowledge that they have read and understand this Agreement and agree to be bound by its terms and conditions. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating to such subject matter. Any modifications or amendments to this Agreement must be in writing and signed by an authorized representative of each party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the last date written below. City of Santa Ana (Licensee) By: � i �� Authorized Signature Printed Name: Kristine Ridge Title: City Manager Date: 03/ /20 iWater, Inc. (iWater, Inc.) By: Authorized Signature Printed Name: Julie Rhodes Title: Date: ATTM- ��5D� CLERK OF THE COUNCIL P 3 of 6 infraMAPO Safhvare License and Support Agreement 1.27.2020 6WaterI tract .m..l?' Attest: Clerk of the Cowicil Approved as to Form; John M.:Funk Assistant City Attorney Attachments: lExblblt A Gxbibit:8 Page 4 of 6 h? i•aAIAPO SoJiware license and Support.4greement 1.2Z2020 titer ytgfea0V Exhibit A - Scope of Work Continued lnfraMAPSData Acquisition Software Support for City of Santa Ana Water Resources Division. CirtegorpA. WaaterLtgenseand Sunnart This includes software licensing and technical support of all iWater Data Acquisition Software. 0 Field data acquisition licensing software for unlimited users in the Water and Sewer Departments. 6 Software troubleshooting with unlimited telephone. 6 Up to 40 horns per week of onsite software training. 0 infraMAP® Software upgrades, 4 System Improvements including patches. d Business analytios'bringing in data from multiple locations and displaying to all staff. Monthly License and Maintenance Fee: $15,500 Monthly Data Acquisition Software Support: $4 500 Monthly Total; $10,000 per month Yearly Total for Category A: $240,000' Cateeory B. WWater GXS/Database Support This includes support for My 811 Tickets, Data Analytic Tools, Portal users and infraMAPQ Data Acquisition software that is cloud based and onsite. iWater will remotely monitor, configure, and support all related IT infrastructure for the scope of this project. Data backups. 6 Quality control of data. 4 Configure a Project Plan Check Database Tool. 6 Compatibility with Cities other software data. 6 Data integrity for staff and contractor updates. On -Site Support and Off -Situ Services:• iWater, Inc., will provide professional on -site or off -site services for projects requested by City of Santa Ana. This may include, but not limited to database support, data QA/QC, map infrastructure data updates from new construction or other project specific needs outlined by City of Santa Ana. Estimated cost per year. $101,000 Field Crew Sunpor iWater, Inc, will provide two man craws with CA Department of Health Water Distribution Certificates to support City of Santa Ana field crows, All vehicles and equipment will be furnished by iWater for each specific project. Project information will be captured by iWater team members and provide back to the Cities Data Acquisition Software.. Estimated cost per year: $15,000 Meter Crew Support: iWater, Inc., will provide a one man crew with a CA Department of Health Water Distribution Certificate to support City field crews, All vehicles and equipment will be furnished by iWater for each specific project. Project information will be captured by iWater team members and provide back to the City's'Data Acquisition Software. Estimated cost per year $20,000 Category B Total; Up to $135,000 per year, invoiced following Exhibit B rate sebedule Contract Total, $376,000 per year Page5 of 6 lnfraRAPOSoftware: Licensa and SupportAgreement 1.27.2020 pi���� lorr��±ara Exhibit B - Rate Schedule Rates: iWater,Inc., proposes the following rates for support services rendered from April 1, 2020 to March 30,2025, Type of Service Title Hourly Rate Software Development Senior Software Engineer $150 On -Site Data Acquisition Mapping Quality Support GIS SpecialistiOlS Analyst $1SO Software Integration Support Software, Engineer $100 Database Support Software Engineer $100 Off -Site Data Acquisition Mapping- Quality Support GIS Specialist/GIS Analyst $75 Field Crew/Meter Crew Support iWater Field Crew $75 Materials procured through support services will be pre -approved by City, billed at the rate of cost plus 20% and any applicable tax. Pagv 6 of 6 infrakIAP44 Software License -anti Support Agreement I.2Z2020 Ejhjubmmz!tjhofe!cz!Upsj!Qjfstpo! Ebuf;!3133/14/19!23;32;21! Upsj!Qjfstpo .19(11( DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/07/2021 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). CONTACT PRODUCER Fred Dean NAME: FAX PHONE Premier One Ins Srvcs(949) 727-2025(949) 727-9219 (A/C, No): (A/C, No, Ext): E-MAIL 100 Pacifica Ste 480fred.dean@premierone.com ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # IrvineCA92618Beazley Insurance Company37540 INSURER A : INSURED INSURER B : iWater, Inc. INSURER C : 12 Goodyear #130 INSURER D : INSURER E : IrvineCA92618 INSURER F : CL2110710318 COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE$ PRO- POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTOBODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUREACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADEAGGREGATE$ DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ LIMT PER OCC$2,000,000 PROFESSIONAL LIABILITY AV1307D21100110/04/202110/04/2022DEDUCTIBLE$15,000 RETRO DATE08-04-2011 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE 4th Floor Santa AnaCA92701 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor iWater, Inc. Name: Project A-2020-049 Number: Project Software License And Support Agreement Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE iWater-SA AL AUTOMOBILE LIABILITY 605861543 09/04/2023 09/08/2022 2022-23.pdf iWater-SA GL, GENERAL LIABILITY WH008318 10/27/2022 11/19/2021 UL 2021-22.pdf iWater-SA PL PROFESSIONAL LIABILITY V1307D211001 10/04/2022 09/20/2022 2021-22.pdf WORKERS COMPENSATION AND iWater-SA WC A09505451 02/15/2023 02/17/2022 EMPLOYERS' LIABILITY 2022-23.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 9/21/2022 1:18 PM �8 CERTIFICATE OF LIABILITY INSURANCE 71/19/2024 Y) 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 CONTACT Gareth Nickerson NAME: PHONE 909 385 3200 FAX A/C No Ext: A/C,No): Gareth Nickerson Agency LLC E-MAIL gnickerson@farmersagent.com ADDRESS: 27194 Baseline St Unit C INSURER(S)AFFORDING COVERAGE NAIC# Highland CA.92346 INSURERA: NORTHFIELD INSURANCE 27987 INSURED INSURERB: KINSALE 38920 IWATER INC INSURERC: MID CENTURY COMPANY 21687 12 GOODYEAR SUITE 130 INSURERD: TRUCK INSURANCE EXCHANGE 21709 IRVINE CA 92618-3747 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1 OO,000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A Y WHOO8318 10/27/2024 10/27/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICYEI PRO1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 PRO- OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ C OWNED SCHEDULED AUTOS ONLY AUTOS 605861543 09/04/2024 09/04/2025 BODILY INJURY(Per accident) $ X HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE EBU017518828 10/27/2024 10/27/2025 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE YIN N E.L.EACH ACCIDENT $1,000,000 C OFFICER/MEMBER EXCLUDED? � NIA A09505451 02/15/2024 02/15/202 (Mandatory in NH) 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) CERTIFICATE HOLDER IS ADDITIONAL INSURED. CERTIFICATE OF INSURANCE SHALL PROVIDE(30)THIRTY DAYS WRITTEN NOTICE OF CANCELLATION CERTIFICATE HOLDER IS ADDITIONAL INSURED ON THE NAMED INSUREDS GENERAL LIABILITY POLICY.WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE CERTIFICATE HOLDER ON WORKERS COMPE APPROVED By Cynthia Mora at 10:37 am, Dec 04, 2024 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANTAANA ACCORDANCE WITH THE POLICY PROVISIONS. RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA 4TH FLOOR AUTHORIZED REPRESENTATIVE SANTAANA CA 92701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 0 Northfield Insurance Company St. Paul, MN 55t02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement is EFFECTIVE: 10/27/2024 (12:01 A.M. Std. Time) and is part of Policy Number: WH008318 issued to:I Water Inc . This endorsement modifies insurance under the following: Commercial General Liability Additional Insured continued from S2716 -IL City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. 20 Civic Center Plaza Santa Ana, Ca 92701 APPROVED By Cynthia Mora at 10:37 am, Dec 04, 2024 S106A-IL(6/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CAN CELLATIONINONRENEWAL PROVIDED BY US `This endorsement is EFFECTIVE 10/27/2024 and is part of Policy Number: WH008318 issued to: I Water inc . 'Entry optional if shown in the Policy Declarations. If no entry is shown, the effective date of the endorsement is the same as the effective date of the policy. This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 3 0 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: City of Santa Ana Risk Management Division ADDRESS: 20 Civic Center Plaza 4th Floor Santa Ana, CA 92701 PROVISIONS: A. If we cancel this policy for any statutorily permitted B. If we decide to not renew this policy for any statutorily reason other than nonpayment of premium, and a permitted reason, and a number of days is shown for number of days is shown for cancellation in the nonrenewal in the Schedule above, we will mail notice Schedule above, we will mail notice of cancellation to of the nonrenewal to the person or organization shown the person or organization shown in the Schedule in the Schedule above. We will mail such notice to the above. We will mail such notice to the address shown address shown in the Schedule above at least the in the Schedule above at least the number of days number of days shown for nonrenewal in the Schedule shown for cancellation in the Schedule above before above before the expiration date. the effective date of cancellation. APPROVED By Cynthia Mora at 10:37 am, Dec 04, 2024 S2898-iL(10/11} ©2011 The Travelers Indemnity Company. All rights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY INSURANCE FOR ADDITIONAL INSURED This endorsement is EFFECTIVE 10/27/2024 `and is part of Policy Number: WHO 08318 issued to: I Water Inc . *Entry optional if shown in the Common Policy Declarations. If no entry is shown, the effective date of the endorsement is the same as the effective date of the policy. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Additional Insured City of Santa Ana Risk Management Division, 20 Civic Center Plaza 4th Floor, Santa Ana, CA 92701 Designated Premises PROVISIONS The following is added to Paragraph 4.a., Primary Insurance, of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary insurance for the person or organization shown as the Designated Additional Insured in the Schedule, but only to the extent that such person is an Additional Insured. If a Designated Premises is also shown in the Schedule, then the primary insurance for the Designated Additional Insured applies only with respect to liability arising from such Designated Premises. APPROVED By Cynthia Mora at 10:37 am, Dec 04, 2024 S2716-cG(4116) ©2016 The Travelers Indemnity Company. All rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 03 C (Ed.07-18) ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE OFFICERS AND DIRECTORS COVERAGE/EXCLUSION-CALIFORNIA If the employer named in Item 1 of the Information Page is a quasi-public or private corporation,this policy applies to all officers and members of boards of directors while rendering actual service for the corporation for pay, as employees,except those excluded below who 1. individually own at least 10 percent of the corporations issued and outstanding stock,or 2. individually own at least 1 percent of the corporations issued and outstanding stock if that officers or members parent, grandparent sibling, spouse, or child owns at least 10 percent of the corporations issued and outstanding stock and that officer or member is covered by a health insurance policy or a health care service plan,or 3. are officers or members of the board of directors of a cooperative corporation organized pursuant to the Cooperative Corporation Law(Corporations Code,Sections 12200-12704)who state that he or she is covered by both a health care service plan or health insurance policy,and a disability insurance policy that is comparable in scope and coverage,as determined by the Insurance Commissioner,to a workers compensation policy. If the employer named in Item 1 of the Information Page is a private corporation,or a private cooperative corporation organized pursuant to the Cooperative Corporation Law, this policy applies to an officer or director who is the sole shareholder of the corporation, as an employee,except if excluded below. The insurance under this policy is limited as follows:It is AGREED that,anything in this policy to the contrary notwithstanding,this policy DOES NOT INSURE: Officers,Directors and Trustees Excluded Title DONALD RHODES EXECUTIVE OFFICER JULIE RHODES EXECUTIVE OFFICER APPROVED By Cynthia Mora at 10:37 am, Dec 04, 2024 Nothing in this endorsement shall be held to vary,alter,waive or extend any of the terms,conditions,agreements,or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter,waive or limit the terms, conditions, agreements or limitations in this endorsement. It is further agreed that remuneration when used as a premium basis for such insurance as is afforded by this policy shall not include the remuneration of any person excluded from coverage in accordance with the foregoing. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER,LARGE FINES,AND OTHER SUBSTANTIAL PENALTIES(Labor Code Section 3710.1,et seq.). 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 poll cy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned by WC 0403 03 C Page 1 of 1 (Ed.7-18) ©2017 by the Workers Compensation Insurance Rating Bureau of California.All rights reserved. 93-6418 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 66 (Ed.07-18) ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE PROFESSIONAL CORPORATION COVERAGE/EXCLUSION-CALIFORNIA If the employer named in Item 1 of the Information Page is a professional corporation,as defined in Section 13401 of the Corporations Code,this policy applies to all owners who are practitioners rendering the professional services for which the professional corporation is organized,as employees,except those excluded below who state that he or she is covered by a health insurance policy or a health care service plan. If the employer named in Item 1 of the Information Page is a professional corporation,as defined in Section 13401 of the Corporations Code,this policy applies to the owner who is the sole shareholder of the private professional corporation, as an employee,except if excluded below. The insurance under this policy is limited as follows:It is AGREED that,anything in this policy to the contrary notwithstanding,this policy DOES NOT INSURE: Owners/Trustees Excluded Title DONALD RHODES EXECUTIVE OFFICER JULIE RHODES EXECUTIVE OFFICER APPROVED By Cynthia Mora at 10:37 am, Dec 04, 2024 Nothing in this endorsement shall be held to vary,alter,waive or extend any of the terms,conditions,agreements,or limitations of this policy other than as above stated.Nothing elsewhere in this policy shall be held to vary,alter,waive or limit the terms,conditions, agreements or limitations in this endorsement. It is further agreed that remuneration when used as a premium basisforsuch insurance as isafforded bythis policyshall not include the remuneration of any person excluded from coverage in accordance with the foregoing. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER,LARGE FINES,AND OTHER SUBSTANTIAL PENALTIES(Labor Code Section 3710.1,et seq.). 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 Policy No. Endorsement No. Insured Insurance Company Countersigned by WC 0403 66 Page 1 of 1 (Ed.7-18) ©2017 by the Workers Compensation Insurance Rating Bureau of California.All rights reserved. 93-6454 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 31 (Ed.6-20) BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our paymentsfrom 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.) The additional premium for this endorsement shall be 3-0%of the California workers compensation premium otherwise due on such remuneration,subject to a minimum charge of 250 All written contracts in the state(s)of- CA APPROVED By Cynthia Mora at 10:37 am, Dec 04, 2024 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 02/15/24 Policy No.A0950-54-51 Endorsement No. Insured IWATER,INC (DBA)IWATER INC. 12 GOODYEAR STE 130 Insurance Company MID-CENTURY INSURANCE COMPANY IRVINE CA926183747 Countersigned By 6�1 WC990631 (Ed.6-20) Includes copyright material of the Workers Compensation Insurance Rating Bureau of California.All rights reserved. ByTuTranNguyenat1:50pm,Mar07,2025 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/07/2025 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). CONTACT PRODUCER Fred Dean NAME: FAX PHONE Premier One Insurance Services(949) 727-2025(949) 727-9219 (A/C, No): (A/C, No, Ext): E-MAIL 100 Pacifica Ste 480Fred.Dean@PremierOne.com ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # IrvineCA92618Beazley Insurance Company37540 INSURER A : INSURED INSURER B : iWater, Inc. INSURER C : 12 Goodyear #130 INSURER D : INSURER E : IrvineCA92618 INSURER F : CL253713538 COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE$ PRO- POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTOBODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUREACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADEAGGREGATE$ DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ LIMIT PER OCC$2,000,000 Professional Liability AV1307D23130110/04/202410/04/2025DEDUCTIBLE$15,000 RETRO DATE08-04-2011 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ByTuTranNguyenat1:50pm,Mar07,2025 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE 4th Floor Santa AnaCA92701 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD