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HomeMy WebLinkAboutPLANETBIDS, INCDURANCE ON FILE nORK MAY PROCEED UIITIL INSURANCE EXPIRES 3- lq • 2Z CLERK OF COUNCIL I)ATE'. :PWfl C,) LX�Vcl1'itvc2,�iA Innovative eProcurement Solutions 13263 Ventura Blvd., Suite 101 • Studio City, CA, 91604 • (818) 992-1771 PB System TM SUPPORT SERVICES AGREEMENT A-2021-252 This SUPPORT SERVICES AGREEMENT ("Agreement"), which describes the terms and conditions applicable to your use of the PlanetBids Online Support Services, is made and entered as of into the 91 day of November 2021, by and between PLANETBIDS, INC., a California corporation, ("PlanetBids") and the following customer ("Customer") for the period from December 21, 2021 to August 15, 2023: Customer Name: City of Santa Ana Street Address 20 Civic Center Plaza City, State ZIP Santa Ana, CA 92702 Department: Purchasing Principal Contact: Sandy Perez Title: Purchasing Supervisor Phone & Email: 714.647.5329, SPerez(a)santa-ana.org Method of Payment: Net 30 Days THEREFORE, PlanetBids and the Customer agree as follows: 1. PlanetBids Services. Upon acceptance of this Agreement, PlanetBids shall provide the following Support Services to Customer, subject to the terms and conditions of this Agreement and as more fully described in Exhibit "A". This Agreement fully supersedes any and all prior agreements between PlanetBids and Customer. a) "Services' shall include one or more of the following PlanetBids PB System TM modules or features if, and only if, listed in Exhibit "A" hereto: (i) use of the PlanetBids "PB System TM" by a specific number of Customer licensed System users (ii) Additional Customer licensed module users (iii) Vendor management and Bid management modules for vendor registration, posting and tracking Bid Requests and other information on Customer's website or private internet network, and, at Customer's option, to process and distribute Bid Requests to additionally available PlanetBids suppliers within their selected categories; (iv) Advanced eBidding for Public Works add -on module; Copyright© 2021 PlanetBids, Inc. R210815-26 (v) Evaluation Management add -on module; (vi) Business Certification module; - Prequalification Management (CUPCCAA or Standard version) - Business Forms (vii) Contract Management module; (viii) Insurance Certificate Management module; (ix) Insurance Certificate Management with My Insurance module; (x) Emergency Operations module (agency -wide access); (xii) access and use of the PlanetBids "Outreach" database. Customer shall not have access or use of any modules or features not listed in Exhibit "A" b) PlanetBids shall have access and the right to market or otherwise promote its services to any vendor or supplier of Customer that registers with PB System TM via Customer's site on the PlanetBids PB SystemTM. PlanetBids will not sell any Customer data to any third parties without a written consent from Customer. c) Internet related equipment by its nature, is not fault tolerant, but PlanetBids (1 will use reasonable efforts to make the Services available 24 hours per day, 7 days per week, excluding downtime for scheduled and unscheduled maintenance, and (2) will promptly investigate any technical problems that Customer reports. PlanetBids cannot, however, guarantee continuous service, service at any particular time or the Integrity of data transmitted via the Internet. Further, PlanetBids shall not be responsible for the Inadvertent disclosure, corruption or erasure of data transmitted, received or stored on the PB SystemTM. d) PlanetBids may make Improvements and/or amendments to the PB SystemTM at any time, and may provide other optional services, including enhanced versions of standard features or functions, for an additional fee as agreed in advance by the Customer. Any and all relevant portions of these terms and conditions will automatically apply to all such improvements, amendments and/or optional services as they appear. PlanetBids does not guarantee that use of the Services will produce any quotes, business opportunities or other information helpful to the business of Customer, nor does it guarantee that any contact provided will be adequate or best suited for any transaction. 2. Fees and Payments. support Fees. Customer agrees to pay PlanetBids set up and services fees as set forth in Exhibit "B" hereto. a) Additional Services; Fees. If requested by Customer, PlanetBids will provide any or all of the following additional services at the fees set forth in Exhibit "B": 1) Customization work in addition to standard set-up shall be contracted in the following manner and at PlanetBids' current standard rates: (a) Customer shall submit a written request describing the proposed project; (b) PlanetBids conduct a feasibility analysis and assessment of the project and the work required, (c) if the project is technically feasible, PlanetBids will submit to Customer a written estimate setting forth the Copyright 0 2021 PlanetBids, Inc. R210815-26 price, estimated schedule and any conditions of the project.. PlanetBids shall not proceed until approval is received in writing from Customer. 2) Training to Customer's designated users, in addition to that provided pursuant to Section 3 of Exhibit "A", is available at rates set in Exhibit "B". 3) For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back-up of all data appearing on Customer's website on a daily basis. The duration of such data retained will be for a minimum of 7 years and determined by PlanetBids in its sole discretion thereafter. However, Customer may, during the term of this Agreement, access and retrieve data in text delimited Microsoft Excel format and documents, at no cost. Additional Services related to the retrieval or restoration of any of Customer's data from such back-up files are available if necessary, at rates set forth in Exhibit "B". b) Purchase Orders/Billing. Purchase orders, billing or any related matters must be emailed to alas(w.olanetbids.com or mailed to the following address. PlanetBids, Inc. 13263 Ventura Blvd., Suite 101 Studio City, CA 91604 Attn: Alan Zavian 3. Use of Services. a) The compilations of data and content contained in the PlanetBids "Outreach" database is the proprietary information of PlanetBids, PlanetBids grants to Customer a non- exclusive right to use Outreach compilations solely in connection with bids and procurements solicitated using the PlanetBids PB System TM Vendor Management and Bid Management. Customer agrees that it will not copy, use or access the Outreach compilations for any other purpose or for use in connection with any other bid or procurement solicitation service. In addition, Customer agrees to use information obtained through the Services only as necessary to the transaction of Customer and shall not use the Services for the benefit of any third party. b) PlanetBids is not responsible for the content and/or transactions that Customer post on or through the Services. Notwithstanding the foregoing, PlanetBids reserves the right to monitor content that uses the Services and, in addition to other remedies for breach provided in this Agreement, to remove content which PlanetBids determines to be illegal, offensive, harmful or otherwise in violation of its operation policies. 1) Customer agrees to comply with all applicable laws, ordinances and regulations and prudent business practices related to the use of Services; and not make any unauthorized commercial use of the Services or of the PlanetBids name, marks or logos. Further, Customer agrees to not use the PlanetBids websites to (i) post information anonymously or under a false name; (ii) post any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, such as inducements to conduct that would constitute a criminal offense or give rise to civil or other liability, (iii) post the name of or otherwise identify or reference any service or entity that provides a service competitive to the Services. Copyright© 2021 PlanetBids, Inc. R210815-26 2) If Customer uses standard identification codes, PlanetBids shall have the right to request for inspection an original copy of such codes and any necessary authorizations for use. If such Identification codes are proprietary codes of third parties, such as NIGP, SIC or CSI, it shall be the responsibility of Customer to obtain the necessary licenses and Customer indemnifies and holds harmless PlanetBids from the unauthorized use or publication of any such Identification codes with respect to the Services. 3) It shall be the responsibility of Customer to collect and pay any taxes, duties, Imposts or tariffs that are applicable to sales via the Services. c) Although the Customer's solicitation, bid and contract information is collected, processed, managed and stored on the PlanetBids PB SystemTM , PlanetBids does not control or monitor any of such Information or processes and is not aware of the specific uses thereof by the Services, Customer hereby releases, indemnifles, and holds harmless PlanetBids and its agents, employees, and affiliates from all claims, demands, costs and damages (actual and consequential) of every kind and nature arising out of or related to the communications or Bid Requests and the completed or uncompleted transactions of Customer utilizing the Services. 4. Warranty. a) PlanetBids warrants that (i) the performance of Services by PlanetBids shall comply with all applicable federal, state, county and local laws and ordinances, and the PlanetBids PB SystemTM will comply with all applicable safety regulations and codes, (ii) all Services to be performed hereunder will be performed in a professional and workmanlike fashion and will comply with industry standards, (iii) the PlanetBids PB SystemTM does not infringe or violate any third r,dAv nsAan+ nnrwrinhf nr Mher inialranll tni nmr%ni4v MA +ha Nnne4Rirl. PR Cve4emTM will hn 4— from any liens, encumbrances or claims, and for a period of 90 days initial access by Customer, will conform In all material respects to applicable specifications and product descriptions. Further, PlanetBids will not knowingly include therein any malicious'code designed to disrupt or otherwise impair the operation of the Services or to permit any surreptitious collection of information. b) PLANETBIDS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, EVEN IF PLANETBIDS HAS BEEN MADE AWARE IN ADVANCE OF SUCH POTENTIAL RISK, NOR ANY WARRANTY REGARDING THE ACCURACY, LIKELY RESULTS, OR THE RELIABILITY OF ANY SITES LINKED INTO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLANETBIDS HEREUNDER EXCEED $2,000,000.00 c) Customer represents and warrants (a) the Customer information provided is current, complete and accurate, (b) that the person signing this Agreement is authorized to bind Customer, (c) Customer will update the information (including credit card information, if applicable) as required to keep such information current, complete and accurate. PlanetBids may, in its sole discretion, cancel or terminate this Agreement if Customer has willfully violated its obligations hereunder. 6, Indemnity. Each party will indemnify and defend and hold harmless the other party from and against all claims, liabilities, damages, and expenses, including reasonable attorney fees, arising out of any property damage, personal injury or death, sustained by such other party as a result of the gross negligence or willful misconduct of the indemnifying party or Its agents or employees. 4 Copyright 0 2021 PlanetBids, Inc. R210816-26 6. Termination, a) Termination for Cause. This Agreement may be terminated by either party by providing the non -terminating party with no less than forty-five (45) business days written notice (and reasonable opportunity to cure) upon the occurrence of any breach of any material term or condition of this Agreement or any representation or warranty herein. b) Termination Other Than for Cause. Customer may terminate this Agreement in whole but not in part by giving PlanetBids no less than forty-five (45) days written notice before the effective date of such termination. In such case, the effective date of termination shall be the anniversary of the date for Year 2, Year 3 or Year 4 of this Agreement that first occurs following the end of the foregoing notice period each consecutive year. PlanetBids will not refund Customer any amounts that have been prepaid for actual or successive year(s) of services. Confidentiality. a) PlanetBids will take reasonable measures not to disclose website communications or information about its Customers, except to the extent that PlanetBids believes in good faith that such action is within the scope of the Services or reasonably necessary to (a) comply with the law or the directives of courts or governmental agencies; (b) enforce this Agreement; (c) respond to claims of any third party; or (d) protect the legitimate interests of PlanetBids or its customers. Notwithstanding the foregoing, all communications directed to PlanetBids via the website such as questions, comments, inquiries, shall be deemed to be not confidential, unless specifically agreed otherwise in advance by PlanetBids. b) Notwithstanding the foregoing, PlanetBids will have the right to use Customer's name, logo and marks only, (i) in the performance of the Services, (ii) to list Customer as a prospective user of products and services in the PlanetBids "Outreach" database, and (III) to identify Customer as a customer and/or user of the Services in PlanetBids marketing materials and on its website. Further, PlanetBids may use any voluntary feedback of Customer on PlanetBids performance, services or products for any reasonable business purpose that is not injurious to Customer. 8. Copyright Protection. The PB System TM and PlanetBids' date formats and compilations are protected by worldwide copyright laws and related international treaties, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described herein. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on PlanetBids website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. a) Customer shall not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose the Services, website content, the PB System TM or any other PlanetBids tools. Customer shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software or tools accessible or available through the Services. b) Special use requests should be sent to customerservice(a PlanetBids.com. Permission to use shall be granted in the sole discretion of PlanetBids. Copyright© 2021 PlanetBids, Inc. R210815-26 Security. (a) The PlanetBids ordering and posting processes are protected by the Secure Sockets Layer (SSL) protocol, which encrypts your information and confirms the identity of the PlanetBids server before allowing a transaction to be completed. It is recommended that Customer use the latest browsers to ensure that the SSL protocol is acceptable, and you are protected by advances in security technology. For more detailed information, please refer to the PlanetBids Privacy Policy. (b) Password -protection techniques will be provided to restrict access under Customer's account to authorized individuals. REGISTRANT ACKNOWLEDGES, HOWEVER, THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE OF BYPASS AND PLANETBIDS DOES NOT GUARANTEE THAT THE SERVICES CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS. Customer shall at all times maintain as confidential its usernames and passwords. If Customer is a corporation or other business entity, then it may allow employees to use its username and password, but the Customer shall be responsible for all activity and charges incurred by such employees. Permitting third parties to use the Services is prohibited and a violation of this Agreement. (c) If a security breach occurs with respect to any account, the Customer must immediately change its password and notify PlanetBids at customerservicena PlanetBids.com. Customer shall be liable for any unauthorized use of the Services until PlanetBids is notified of the security breach. 10. Other Provisions. a) Notices. PlanetBids shall provide notice to Customer via email, or (at its discretion) via certified U.S. Mail, to the address provided in this Agreement or such other address provided by Customer to PlanetBids. Customer shall provide notice to PlanetBids via email to customerservice(@PlanetBids.com, with a copy sent via certified U.S. Mail to the address on the membership registration. Notices will be effective 6 hours after sending if sent via email (unless the sender receives a response indicating that the message was undelivered) or 3 business days after the mailing date, whether or not received. b) Assignment. Customer shall not assign this Agreement or any of its rights or obligations without the prior written consent of PlanetBids, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns. c) No Waiver. The failure of PlanetBids to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions shall remain in full force and effect. d) Governing Law. The interpretation and enforcement of this Agreement shall be governed by laws of the United States of America and the State of California, excluding its choice of law rules and subject to the exclusive jurisdiction of the court located in Orange County, California. e) Force Majeure. PlanetBids will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, Copyright 0 2021 PlanetBids, Inc. R210815-26 unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of PlanetBids. f) Insurance. For the term of this Agreement, at Its sole cost, PlanetBids shall obtain and maintain insurance as described below: 1. Commercial General liability Insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of PlanetBids' operations in the performance of this Agreement, including, without limitation, acts Involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal Injury, including death resulting therefrom, and property damage, In the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the Customer, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to Insurance or self- insurance programs maintained by the Customer; and (c) contain standard separation of insureds provisions. 2. Cyber liability insurance with limits of not less than $1,000,000 for each occurrence and an annual aggregate of $2,000,000, covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. Signature Page on Next Page - Copyright ©2021 PlanetBids, Inc. R210816-28 A-2021-252 - Signature Page - AGREED effective as of the date first written above. PLANETBIDS, INC. Customer: City of Santa Ana Executive Officer (Date) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: r randon Salvatierra Deputy City Attorney RECOMMENDED FOR APROVAL: . KU-p-.r..a Kathryn Downs (De[ 7, 202116,54 PST) Kathryn Downs Executive Director, Finance & Management Services Agency E7 By: Kristine Ridge, City Manager A DAISY GOMEZ Clerk of the Council Copyright© 2021 PlanetBids, Inc. R210615-26 EXHIBIT "A" STATEMENT OF WORK FOR SETUP, IMPLEMENTATION AND TRAINING Customer System Configuratlon: Services available to Customer shall be utilized by the Purchasing and the Public Works Departments and shall include: A. Access for up to seven (7) full licensed users of Customer to the following module(s) of the PlanetBids "PB SystemTW: (i) Vendor management and Bid management modules (ii) Advanced eBidding add -on module to Bid management module (iii) Evaluation management module B. Access for up to twenty (20) full licensed users of Customer to the following module(s) of the PlanetBids "PB Systemym": (i) Insurance Certificate Management with My Insurance module C. Access for up to ten (10) full licensed users of Customer to the following module(s) of the PlanetBids "PB Systemy ": (1) Contract management module D. Access for up to five (5) licensed users of Customer to the PlanetBids "PB System TM": (i) Read -Only E. Access and use of the PlanetBids "Outreach" database for no additional cost. 2. PB SystemSm Access Services: PlanetBids rate for maintaining the PB SystemTP° vendor and bid management is based upon an unlimited number of monthly transactions (Bids) and up the number of user licenses acquired by Customer. PB SystemTm Access Services include the following: • System Administration — PlanetBids will be responsible for system and data back-ups, disaster recovery, system reliability, availability, privacy, and security • Hosting Infrastructure — PlanetBids will be responsible for hosting PB System TM, maintaining the network, hardware, and software Infrastructure • Customer Service — Is available from 8:00 a.m. to 5:00 p.m. PST, Monday through Friday (see Help Desk definition below) • Account Management — PlanetBids will provide a dedicated Account Manager for post - sales support, PB SystemTM' questions. 3. PB SystemT"' Administration: The following services will be provided: a. Link from and to Customer's procurement web page. b. Configured online vendor registration form and ability to have vendors maintain their profiles. c. Complete management tools access to all users (i.e., buyers, project managers...}, d. Customer specific database. e. Complete bid management from bid submission to awarding. 9 Copyright02021 PlanetBids, Inc. R210815-26 f. Electronic bidding - Vendors submit bid quotes/responses online; Buyers analyze bid responses and award. g. Daily backups. h. PB SystemTM users and vendor support for the duration of the contract. 4. Professional Services PlanatBlds will provide consulting services for custom reports or PB SystemTM customizations, specific to Customer, not covered by this Statement of Work at an additional charge. Additional consulting services requested in writing by Customer will be billed at the rates set forth in Exhibit "B". No work will begin on professional services before a mutually agreed -upon statement of work is completed. & Help Desk The PlanetBids Help Desk is available for support (as defined below) via our telephone number (818) 992-1771, from 8:00am to 5:00pm PST, Monday through Friday. Email Support, support@PlanetBids.com as well as on-line help services are also available. To provide instant service to vendors and contractors, PlanetBids recommends Customer to initiate or provide basic "Level 1" support although PlanetBids will provide Level 1 or Level 2 support at any time: A Level 1 support representative will attempt to answer most or all questions, including help to vendors with simple problems (edit profile, etc.) or general "how-to' questions (search functionality, bidding, etc.). PB System TM related questions by Vendors/Contractors that cannot be answered or supported by Customer should be directed to a PlanetBids support representative. More complex, technical questions should be directed to a Level 2 PlanetBids support representative. A Level 2 support is more technical in nature. Level 2 questions may, for example, deal with Customer users (i.e., PB SystemTM administrative users including buyers, project administrators, etc.) or with password issues requiring special assistance, or with possible product bugs or failures. In this case, some research and investigation maybe required. 6. User Llcense(s) Management It is the responsibility of Customer to monitor and maintain usernames and passwords if or when a licensed user of the PB SystemTM needs to be reassigned to anew user within the Customer's organization. 10 Copyright © 2021 PlanetBids, Inc. R210816-26 EXHIBIT "B" FEES AND PAYMENTS a. Support Fees and Service Payment. Customer agrees to pay PlanetBids a total of $44,575-83 for Year 1. Payment for Year 1 shall be due and payable 30 days from the time of execution of this Agreement. Payments for Year 2, optional Year 3, optional Year 4 and optional Year 5 are payable within 30 days of the first day of each such year as outlined in Table (A). Table (A) PB System "" Module(s) YEAR 2 YEAR YEAR 3 202a 4 YEAR 4 2024-2025 YEAR 5 zo25_2W6 0 2 3 (Optfwet) -_ . a l al Vendor Management & Bid Management $17.492,51 $17,492.51 $17.754.90 $17,754.90 $18,02L22 ] FA User Licenses) Advanced eBidding add -on to Bid Management) $ 4,795.88 $ 4,795.88 $ 4.867.81 $ 4,867.81 $ 4.940.83 Emergency Operations (A en ide $ 4,381.29 $ 4,381.29 $ 4.447.01 $ 4,447.01 $ 4,513.71 Read -Only (5 User Licenses) $ 2,531.15 $ 2,531.15 $ 2.569.12 $ 2,569.12 $ 2,607.66 Insurance Certificate Management $ 5,625.00 With My Insurance (one Time Setup $500.00) $ 5,625.00 $ 5.709.38 $ 5,709.38 $ 5.795.03 20 FuII User Licenses Contract Management $ 4,500.00 $ q,500.00 $ 4,567.50 $ 4,567.50 $ 4,636.01 00 Pull User Licenses) One Time Set u 5500.00 Evaluation Management $ 3,750.go g 3,750.00 $ 3,750.00 $ 3,750.00 $ 3.80626 (7 Pull User Licenses One Time Set u 5500.00 TOTAL $ 44,575.83 $ 43 075.83 $ 43 665.72 $ 43.665.72 $ 44 320.71 b. Additional Services. If requested by Customer in writing, PlanetBids will provide any or all of the following additional services. The following rates are current as of the date of this Agreement but are subject to an increase of not more than 10% per year after the first year of this Agreement. 1) Training: $750.00, for a single online training session of up to 2 hours. 2) Data Retrieval and Restoration: $145.00 per hour, unless otherwise quoted for a specific project. Copyright 0 2021 PlanetBids, Inc R210815-26 37895 Planetbids, Inc. Francine R. rrM��+Mna�es Mraourea CemOcate Of Insurance roman 1/28/202211:37:31 AM Villareal ..aa=atar ir.sa,r= ACC>R �® CERTIFICATE OF LIABILITY INSURANCE DAM v28120IYryYI zfi/zozz 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 endorsements . PRODUCER GCG 1� Soe Techinsurance CONTACT NAME: PHONE 800 668-7020 NC No: 877-826-9067 E-MAIL ADDRE S: en9a..... echlnsurance INSURERS AFFORDING COVERAGE NAICN 30 N. LaSalle, 25th Floor, Chicago, IL 60602 INSURER A: Lloyd's of London 99998 INSURED INSURER B: Hartford Multistate 00914 INSURER C : Lloyd's of London 99998 Planetbids, Inc. 13263 Ventura Blvd Ste 101, Studio City, CA, 91604 INSURER D: Sentinel Insurance Company, Limited 11000 INSURER E : INSURER F: COVERAGES CERTIFICATE 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. ILTR TYPE OF INSURANCE lua ADDLSUBR NUMBER EFF POLICPOLICY MMIDDYIYYYY MWDDYOIYYXYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2=000 CLAIMS -MADE �✓ OCCUR DAMAGE RENTED PREMISES Ea occurrence 8 1.000,OD0 MED EXP(Any we person) $ 10.00 PERSONAL S ADV I NULLIFY $2.00g000 D Yes 45SBMBF4520 31192021 3/192022 GEN'L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY dECT LOC PRODUCTS-COMP/OP ADD $ 4.000.000 $ OTHER' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,OOD BODI LY INJURY (Per person) $ ANY AUTO ALLOVINED SCHEDULED AUTOS AUTOS yes 46SBMBF4520 3/192021 Wl M022 BODILY INJURY (Par accident) $ D `Y HIRED AUTOS ./ NON -OWNED AUTOS PROPERTY DAMAGE P accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEO I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,OOD,OOD B ANY PROPRIETORIPARTNERIEXECUTIVE Nc OFFICERIMEMBER EXCLUDED'1 NIA 46WECPIE280 7202021 720I2022 E.L. DISEASE -EA EMPLOYEj $1,000.000 (Mandatory in NH) If as, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1pW,000 A Cyber Liability ASH2OSO00182 4/1212021 411MO22 Each Occurrence $3,00gOD0 C Professional Liability (Errors and Omissions) CYP00025060 V122021 VID2022 Occunence/Aggragate $3,000,0001$3.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addhlonal Remarks Schedule, may be attached If more space Is required) City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as Additional Insured as their interests may appear in regards to general liability and automobile liability when required by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 AUIHORD:ED REPRESENTATIVE e. REVIEWED&APPROVED BY: ©1988-2014111 C R. V: &..1 ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD 9mmumRisk Management analyst EXTENSION OF THE INFORMATION PAGE - ITEM 1 - OTHER WORKPLACES Policy Number: 46 WEC P16280 Endorsement Number: Effective Date: 07/20/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PLANETBIDS INC 13263 VENTURA BLVD STE 101 STUDIO CITY CA 91604 Item 1 of the Information Page is completed to include other workplaces of the named insured: 1401 MARINA WAY S, RICHMOND, CA 94804-3723 3225 NORTH HARBOR DRIVE, SAN DIEGO, CA 92101 1685 MAIN ST, SANTA MONICA, CA 90401 WOS RMOTE WORK, SAN DIEGO, CA 92112-8488 3420 S KICKAPOO AVENUE, SPRINGFIELD, MO 65804 636 HAMLET DR, AVON, IN 46123-8452 50 FRIDA KAHLO WAY, SAN FRANCISCO, CA 94112-1821 Form WC 99 03 66 Printed in U.S.A. Process Date: 06/10/21 Policy E Riele Management DMslun Rwn & APPRovm By., f4x*�: Z VW-A4� Ruk Management Marys[ t� EXTENSION OF THE INFORMATION PAGE - ITEM 3.A - STATES COVERED Policy Number: 46 WEC PI6280 Endorsement Number: Effective Date: 07/20/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PLANETBIDS INC 13263 VENTURA BLVD STE 101 STUDIO CITY CA 91604 Item 3.A. of the Information Page is completed to include the following states: Indiana IN Missouri MO California CA Form WC 99 03 67 Printed in U.S.A. Process Date: 06/10/21 Rlek Mwvgm etdDiwlmt Rene &APPR,aVem BY: C Policy E Risk Management Analyst EXTENSION OF THE INFORMATION PAGE - ITEM 3.D - ENDORSEMENTS Policy Number: 46 WEC P16280 Endorsement Number: Effective Date: 07/20/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PLANETBIDS INC 13263 VENTURA BLVD STE 101 STUDIO CITY CA 91604 Item 3.D. of the Information Page is completed to include the following endorsements: WC000000C WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC000001A.1 INFORMATION PAGE WC000001A.2 INFORMATION PAGE WC000301A ALTERNATE EMPLOYER ENDORSEMENT WC000313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC000403 EXPERIENCE RATING MODIFICATION FACTOR ENDORSEMENT WC000414 NOTIFICATION OF CHANGE IN OWNERSHIP WC000414A 90-DAY REPORTING REQUIREMENT- NOTIFICATION OF CHANGE IN OWNERSHIP ENDORSEMENT WC000419 PREMIUM DUE DATE ENDORSEMENT WC000421 E CATASTROPHE (OTHER THAN CERTIFIED ACTS OF TERRORISM) PREMIUM ENDORSEMENT WC000422C TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT DISCLOSURE ENDORSEMENT WC040301BB POLICY AMENDATORY ENDORSEMENT - CALIFORNIA WC040306 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC040360B EMPLOYERS LIABILITY COVERAGE AMENDATORY ENDORSEMENT - CALIFORNIA WC040421 OPTIONAL PREMIUM INCREASE ENDORSEMENT - CALIFORNIA WC040422 CALIFORNIA SHORT -RATE CANCELLATION ENDORSEMENT WC040601A CALIFORNIA CANCELLATION ENDORSEMENT Form WC 99 03 68 Printed in U.S.A. Process Date: 06/10/21 Polic KAManagementDiv iixt " .5 RimEwED &pAPPRD BY. R . vs.44 RL ® R6k Management Analyst EXTENSION OF THE INFORMATION PAGE - ITEM 3.D - ENDORSEMENTS Policy Number: 46 WEC P16280 Endorsement Number: Effective Date: 07/20/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PLANETBIDS INC 13263 VENTURA BLVD STE 101 STUDIO CITY CA 91604 Item 3.D. of the Information Page is completed to include the following endorsements: WC240406D MISSOURI EMPLOYER PAID MEDICAL ENDORSEMENT WC240601B MISSOURI CANCELLATION AND NON RENEWAL ENDORSEMENT WC240602B MISSOURI PROPERTY AND CASUALTY GUARANTY ASSOCIATION ENDORSEMENT WC240604C MISSOURI AMENDATORY ENDORSEMENT WC550011 D Employees Claim for Workers compensation Benefits WC8804001 Notice to Employees - Injuries Caused By Work (TITLE IN SPANISH) WC8804011 Notice to Employees - Injuries Caused By Work WC9900011 Signature/ Copyright WC990002 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY BUSINESS INSURANCE POLICY WC990005 SCHEDULE OF OPERATIONS WC990300B WORKERS' COMPENSATION BROAD FORM ENDORSEMENT WC990302B WORKERS COMPENSATION BROAD FORM ENDORSEMENT WC990303B WORKERS COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS WC990356A AMENDMENT TO WORKERS COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS - EMPLOYERS LIABILITY STOP GAP COVERAGE WC990358B AMENDMENT TO WORKERS COMPENSATION BROAD FORM ENDORSEMENT - EMPLOYERS LIABILITY STOP GAP COVERAGE WC990359B AMENDMENT TO WORKERS COMPENSATION BROAD FORM ENDORSEMENT - EMPLOYERS LIABILITY STOP GAP COVERAGE WC990366 EXTENSION OF THE INFORMATION PAGE - ITEM 1 - OTHER WORKPLACES Form WC 99 03 68 Printed in U.S.A. Process Date: 06/10/21 Polic RIAMeagmtmtDivision 1' Rwn D & APPRDVM BY: a f4A".�� P. V:IG V. d Rak Management Analyst EXTENSION OF THE INFORMATION PAGE - ITEM 3.1) - ENDORSEMENTS Policy Number: 46 WEC P16280 Endorsement Number: Effective Date: 07/20/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PLANETBIDS INC 13263 VENTURA BLVD STE 101 STUDIO CITY CA 91604 Item 3.D. of the Information Page is completed to include the following endorsements: WC990367 EXTENSION OF THE INFORMATION PAGE - ITEM 3.A - STATES COVERED WC990368 EXTENSION OF THE INFORMATION PAGE - ITEM 3.D. - ENDORSEMENTS WC990375 CALIFORNIA INSTALLMENT FEE DISCLOSURE ENDORSEMENT WC990394 NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Form WC 99 03 68 Printed in U.S.A. Process Date: 06/10/21 Polic Fie eMvmgmerd D ussiun I REVIEWED 6 APPROVED BY: ® Risk Alanagem nl Maly t F1 POLICY INSURER LIST BY JURISDICTION INSURER NAIC JURISDICTION Trumbull Insurance Company 27120 IN ONE HARTFORD PLAZA HARTFORD CT 06155 Hartford Underwriters Insurance Company 30104 MO ONE HARTFORD PLAZA HARTFORD CT 06155 Property and Casualty Insurance Company of Hartford 34690 CA ONE HARTFORD PLAZA HARTFORD CT 06155 THE COVERAGE PROVIDED IN EACH JURISDICTION IS WITH RESPECT TO THE LOCATIONS OF THE NAMED INSURED IN THAT JURISDICTION IN ACCORDANCE WITH THE WORKERS, COMPENSATION LAW OF THAT JURISDICTION. AS USED IN THIS POLICY, "COMPANY', "WE", "US" AND "OURS" MEAN THE MEMBER INSURANCE COMPANIES OF THE HARTFORD INSURANCE GROUP COLLECTIVELY PROVIDING THIS INSURANCE. Nothing herein, contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or information of the policy, other than as herein stated. Form WC 66 04 40 Printed in U.S.A. Process Date: 06/10/21 Policy E) i REVIEWED&APPRWM BY. f4mlc� R. Uct6A �� Risk Management Malyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46 WEC P16280 Endorsement Number: Effective Date: 07/20/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PLANETBIDS INC 13263 VENTURA BLVD STE 101 STUDIO CITY CA 91604 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Form WC 00 03 13 Printed in U.S.A. Process Date: 06/10/21 Policy E: Risk MvugrnAmtDMsiun REvi D & APPRDvm By. Risk Managemem Malys[ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 46 WEC P16280 Endorsement Number: Effective Date: 07/20/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: PLANETBIDS INC 13263 VENTURA BLVD STE 101 STUDIO CITY CA 91604 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 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 06/10/21 Policy E P.IekMnwgnnattD'rvvimt . .4 /rREVIEWED&pAPPR..OttEDBY. r'W�E D. �+uAALfC Risk Management A,alyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other If notice is mailed, proof of mailing to the last known than for non-payment of premium, notice of such mailing address of the certificate holder(s) on file with cancellation will be provided at least thirty (30) days the agent of record or the Company will be sufficient in advance of the cancellation effective date to the proof of notice. certificate holder(s) with mailing addresses on file Any notification rights provided by this endorsement with the agent of record or the Company. apply only to active certificate holder(s) who were issued B. If this policy is cancelled by the company for non- a certificate of insurance applicable to this policy's term. payment of premium, or by the insured, notice of Failure to provide such notice to the certificate holder(s) such cancellation will be provided within ten (10) will not amend or extend the date the cancellation days of the cancellation effective date to the becomes effective, nor will it negate cancellation of the certificate holder(s) with mailing addresses on file policy. Failure to send notice shall impose no liability of with the agent of record or the Company. any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 © 2011, The Hartford Dn E APPRavmnms r F�� P V L 4a Risk Management Analyst SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 46 SEM BF4520 BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $2, 000, 000 MEDICAL EXPENSES -ANY ONE PERSON $ 10, 000 PERSONAL AND ADVERTISING INJURY $2, 000, 000 DAMAGES TO PREMISES RENTED TO YOU $1, 000, 000 ANY ONE PREMISES AGGREGATE LIMITS PRODUCTS -COMPLETED OPERATIONS $4,000,000 GENERAL AGGREGATE $4,000,000 BUSINESS LIABILITY OPTIONAL COVERAGES HIRED/NON-OWNED AUTO LIABILITY $2,000,000 WAIVER OF SUBROGATION: FORM SS 12 15 LOCATION: 001 BUILDING: 001 SEE FORM IH 12 00 Form SS 00 02 12 06 Page 003 (CONTINUED 0: Process Date: 12/29/21 Policy Expire RiskMu&pnentDMt;M jWREVIEWED&APPROVED BY: f4/rr nth �:1%,wa�( �. ® Rrk Management Analyst SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 46 SBM EF4520 BUSINESS LIABILITY OPTIONAL COVERAGES LIMITS OF INSURANCE (Continued) TECHNOLOGY SERVICES EXTENSION FORM SS 40 59 UNMANNED AIRCRAFT LIABILITY IS EXCLUDED SEE FORM: SS 42 06 Form SS 00 02 12 06 Page 004 (CONTINUED ON Process Date: 12/29/21 Policy Expirati Ridt MarogmtmtDisvian ... RLVIE &APPRO MBY: =; Fes," R. V: tL4 `�' Risk Management Malys[ SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 46 SBM BF4520 ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 TYPE VENDOR NAME SEE FORM IH 12 00 TYPE PERSON ORGANIZATION NAME SEE FORM IH 12 00 TYPE STATE POLITICAL SUBDIVISION NAME SEE FORM IH 12 00 TYPE OWNER, LESSEES OR CONTRACTORS NAME SEE FORM IH 12 00 Form SS 00 02 12 06 Page 005 (CONTINUED ON Process Date: 12/29/21 Policy Expirati Risk Mewpnent Diuisinn , rVvfYiiry.[ RENEWED& APPP,R�"CWED BYE: e n -• r4R. t�� �'. ® Rkk Management Analyst SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 46 SBM BF4520 Form Numbers of Forms and Endorsements that apply: SS 00 01 03 14 SS 00 05 10 08 SS 00 08 04 05 SS 00 38 04 04 SS 00 45 12 06 SS 00 60 09 15 SS 00 64 09 16 SS 41 70 06 11 SS 01 21 02 20 SS 42 06 03 17 SS 04 38 09 09 SS 40 59 03 16 SS 41 63 06 11 SS 05 18 07 92 SS 05 47 09 15 SS 50 50 12 01 IH 12 05 02 21 SS 12 15 03 00 SS 50 19 01 15 IH 99 40 04 09 IH 99 41 04 09 SS 83 76 01 15 SS 89 93 07 16 SS 12 23 06 11 IH 12 00 11 85 ADDITIONAL INSURED - PERSON -ORGANIZATION IH 12 00 11 85 ADDITIONAL INSURED - STATE/POLITICAL SU13DIVISION IH 12 00 11 85 ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR IH 12 00 11 85 WAIVER OF SUBROGATION IH 12 00 11 85 ADDITIONAL INSURED - PERSON -ORGANIZATION IH 12 00 11 85 ADDITIONAL INSURED - VENDOR IH 12 00 11 85 60 DAY NOTICE OF CANCELLATION IH 12 00 11 85 ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR IH 12 00 11 85 ADDITIONAL INSURED -PERSON OR ORGANIZATION IH 12 00 11 85 ENDORSEMENT #004 EFFECTIVE DATE 07/13/2021 Form SS 00 02 12 06 Page 006 Process Date: 12/29/21 Policy Expirati Rick M�egement➢ivuiml Rene D & APPRwm By. �. ® Rkk Management Malys[ POLICY NUMBER: 46 SBM sF4520 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): SEE IH1200 Location(s) Of Covered Operations: SEE IH1200 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section C. - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Form SS 41 70 06 11 Process Date: 12/29/21 Policy Expira R� M tD�n © 2011, The Hartford REVIEWED&APPRO MBY: (Includes copyrighted material of Insurance Services Office, Inc., with its pe F4uk:44 P- VSA44d 91�mm—. Risk Management Analyst