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Home My WebLink AboutIES INTERACTIVE TRAINING 1-2004 INSURANCE _~or ON FILE WORK MAY NOT PRùCEED CLERK OF COUNCIL DATE: tf'-J -ð1 ~ THIS Agreement, is made and entered into this Æ day of A4Á/)/ ¡,d. ,2004, by and C, , fJb between IES Interactive Training USA hereinafter ("IES") and the ~a, a charter . City and municipal corporation of the State of Cali fomi a (hereinafter "City"). r~ A-2004-174 HARDW ARE/SOFTWARE UPDATE AGREEMENT RECITALS A. The City purchased from IES, a RANGE 2000 use of force/ firearms training simulator (Agreement # A -1999-144). B. The RANGE 2000 system has become outdated and many of its components are no longer supported by IES. C. The City desires to upgrade the use offorce/firearms training simulator to IES's RANGE 3000 system. D. IES has agreed to upgrade City's current RANGE 2000 system to the RANGE 3000 software and to provide a trade-in allowance for obsolete components of the old system. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES IES agrees to upgrade the City's current the RANGE 2000 system by installing RANGE 3000 software, related equipment and components, train City personnel in the use of the RANGE 3000 system and provide maintenance and/or repairs on the system during the warranty period, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and IES agrees to accept as total payment for hardware, software, services, training and warranty, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $38,000.00 during the tenn of this Agreement. b. All freight, transfers, insurance, duties, or other transportation and shipment expenses shall be included in the sale price of the RANGE 3000 system. c. Upon software delivery and successful installation, IES shall submit a detailed invoice to City. Payment tenns are Net 30 days from receipt of qualified billable invoices, subject to City accounting procedures. 4. TITLE, RISK OF LOSS AND SHIPMENT Neither legal nor equitable title on the RANGE 3000 system shall pass to City until payment in full for the same has been received by IES. Until such payment in full has been made, City shall hold any goods as bailee for IES. Risk ofloss of any goods shall pass to City upon undamaged delivery and installation of such goods at the Santa Ana Police Department. IES shall be responsible for delivery charges. City shall not accept delivery of damaged goods. If City refuses to accept goods which appear to have been damaged in transit, City shall immediately infonn IES of the damage. lof5 5. WARRANTY IES shall repair or replace any defective RANGE 3000 hardware, software and/or related equipment for a period of one-year from the date of receipt and acceptance by City. Should repair or replacement be necessary, City shall notify IES of the problem. The defective equipment shall be shipped as directed by IES. Upon receipt IES will repair the equipment within 72 hours, or immediately ship temporary replacement equipment to City. IfIES detennines to replace the defective equipment, IES shall ship said replacement equipment to City prior to the retum of the temporary replacement equipment. IES shall pay all shipping charges. Any damage to the RANGE 3000 hardware, software and/or related equipment caused by City shall not be covered by this warranty. 6. A. D. 7. INDEMNIFICATION IES shall indemnify, defend and save City harmless from and against any and all claims for damages, including bodily injury and property damage arising from defects in the RANGE 3000 hardware/software and/or related equipment. B. IES shall indemnify, defend and save City harmless from and against any and all claims made by IES trainers, whether IES employees or independent contractors employed by IES, who are injured as a result of the set-up, operation, training or use of the RANGE 3000 system in the training supplied to City personnel. C. City shall indemnify, defend and save IES harmless from and against any and all claims for damages, including bodily injury and property damages, arising from the use of the RANGE 3000 system and not related to defects in the hardware/software and/or related equipment. Neither party hereto may assert against the other party any claim in connection with this Agreement unless the asserting party has given the other party written notice of the claim within one year after the asserting party first knew or should have known of the facts giving rise to such claim. INSURANCE IES shall carry comprehensive general liability (CGL) insurance, with minimum limits of one million dollars ($1,000,000.00). IES shall furnish to City a certificate of insurance indicating that such insurance is in effect. The CGL insurance shall contain the following clauses: 8. I) "The City of Santa Ana, its officers, employees and agents is added as an additional insured as respects operations of the named insured perfonned under Agreement with the City of Santa Ana." 2) "It is agreed that any insurance maintained by the City of Santa Ana shall apply in excess and cont contribute with, insurance provided by this policy." SOFTWARE LICENSE City is hereby granted a non-transferable, non-exclusive, fully paid, perpetual license to use any software purchased in conjunction with any system purchased from IES, solely for use by City 20f5 for its intemal business purposes. City receives no title or ownership rights to such software. City agrees that it shall not decompile, reverse engineer or otherwise attempt to gain access to the software source code. Except for the license granted herein, all right, title and interest in the software and documentation shall remain exclusive property ofIES or its licensors. 9. PATENT AND COPYRIGHT PROTECTION IES warrants that it owns and possesses all rights and interests in the RANGE 3000 software necessary to enter into this Agreement, and has the authority to convey and grant the City pennission to utilize the system. IES shall indemnify, defend at its own expense, and hold City, its officers, agents and employees harmless from any loss, damage, or liability for infringement or violation of any patent or copyright, trade secret or other proprietary or intellectual property rights of any third party in the United States, and will pay any settlement, cost and/or damages awarded, provided that (a) such infringement has not resulted from modification of the Software effected by or for City; (b) IES is promptly notified in writing of any notice received by City of any claim or of any threatened or actual suit.; (c) IES has the right to control the defense of any claims, suits or proceedings, and City will not settle any claims, units or proceedings without IES's consent; and (d) at IES's request and expense, IES is given sufficient infonnation and assistance by City for the defense of the claims, suits or proceedings. Following receipt of a notice of any claim or threatened or actual suit, City shall pennit IES, in IES's sole discretion and at its own expense, to procure for City the right to continue using the Software; modify the Software such that it is non-infi-inging, while not degrading its perfonnance; or accept the return of the software and refund to City the price paid to IES for the Software. IES shall not be liable or responsible for any settlement of any claim entered into without its prior written consent. OTHER THAN AS EXPRESSLY STATED HEREIN, IES SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING OUT OF OR RELATED TO ANY ALLEGATION OR DETERMINATION THAT THE SOFTWARE INFRINGES UPON ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT. 10. ASSIGNMENT. This Agreement shall be binding upon the parties and their respective successors and assigns. IES shall have no right to assign or delegate this Agreement or any rights or obligations hereunder, whether by operation oflaw or otherwise, except upon City's prior written pennission. II. LAW GOVERNING AGREEMENT This Agreement and all question relating to its validity, interpretation, perfonnance and enforcement shall be govemed and construed in accordance with the laws of the State ofCalifomia. Venue for any action or proceeding that may arise out of this Agreement shall be in the County of Orange, Califomia. 12. NOTICES All notices required or allowed under this Agreement shall be in writing and shall be deemed given when delivered in person or deposited in the United States Mail, postage paid, and addressed as follows: 3 of 5 To City: To IES: City of Santa Ana Police Department 60 Civic Center Plaza, M-97 P.O. Box 1981 Santa Ana, Califomia 92702 telefacsimile (714) 245-8097 Attn: IES Interactive Training USA 8250 E. Park Meadows Drive Suite 100 Littleton, Colorado 80124 telefacsimile (303) 858-1579 Attn: 13. ENTIRETY OF AGREEMENT; MODIFICATION; WAIVER SEVERABILITY This Agreement represents the complete and exclusive statement of Agreement between the City and IES. This Agreement may not be modified except by written instrument executed by authorized representatives of each party. The parties agree that any tenns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the tenns and conditions hereof, shall not bind or obligate IES nor the City. 14. NON-ASSIGNMENT OF AGREEMENT Inasmuch as this Agreement is intended to secure the specialized services ofIES, IES may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or sublease without the City's prior written consent shall be considered null and void. 15. INDEPENDENT CONTRACTOR IES, shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship or to allow the City to exercise discretion or control over the professional manner in which IES perfonns the services which are the subject matter of this Agreement, provided, however, that the services will be perfonned in a manner consistent with all applicable standards and regulations goveming such services. 16. CERTIFICATION OF NONDISCRIMINATION IES shall not discriminate because of race, color, religion, sex, sexual orientation, age, national origin or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, tennination or other employment related activities. IES affinns that is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. VALIDITY If any tenn, covenant, condition or provision of this Agreement is help by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and affect and shall in no way be affected, impaired or invalidated thereby. 40f5 18. AUTHORITY TO CONTRACT By executing this Agreement, each party represents that it has read and understands each tenn and condition hereof, and agrees to the same. If signed on the behalf of a business organization, the signatory party represents that he / she has authority to enter into this Agreement on behalf of the party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ~'¡{;;' // 1'7 /(4~</¡;V-c<é------ DAVIDN. REAM City Manager ATTEST: (} PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attomey ! IES INTERACTIVE TRAINING, USA .~«) ./ èJL¿ Laura Sheedy Assistant City Attomey ( e) .;J¿,ae C. liu'-Z.""t-1Gr( title) M~srGr¿1J rØU!I101f!.'( KC¡!e. (XES) 50f5 -J>.I 'n'l"eroc'tive Trnin ing RANGE3000 XP4 UPGRADE (Trade-In of Current Range 2000! Item Description Two Trainee Desktop Q! Portable System System to Include: . Range3000 XP4 Interactive Multimedia Computer . Projector and hit-detect Enclosure . All Power. Data and Video Cables . Free Standing Projection Screen . Microphone and Speakers . Range3000 XP4 Documentation and accessories . 75+ Multi branchin Scenarios and 25 Skill Builders Pre-installed Scenario Editor Allows the user to create interactive multimedia scenarios combining video, ra hies and text. Di ital Camera Included! Digital Picture-in-Picture Allows recording of trainee's actions/reactions during scenario and playback inserted into the scenario with PIP capability for evaluation. Statistics and Management Allows user to manipulate the database information as to create individual an/or rou statistics usin relevant filterin criteria Baton Branching and Scoring Allows the trainer to manually branch the scenario while the trainee uses his actual baton. The system will branch and score the use of action as a baton strike. Remote Telephone Log-in Maintenance Allows for remote login to the system in order to perform system dia nostics and file transfer remotel Laser Gas Canister Non Tethered Real-size canister e ui ed with encoded laser Flashlight Non Tethered Qty 1 Pricing $59,500 Inc Inc Inc Inc Inc Inc Inc Allows the trainee to use real flashlight in-conjunction with his/her weapon for low light training. This feature allows for the use of an Infrared lens to be used in conjunction with IES Supplied Surefire G2 Flashlioht with IR Lens. This svstem is non-lane based which allows for multiple users. Laser Insert 2 Inc Non-Tethered Lane 1 and Lane 3 Inserts The laser inserts are infrared (IR) laser transmitters, which are inserted into the barrel of the weapon from the chamber side to prevent the accidental introduction of a live round. The laser is activated by the fall of the hammer to transmit an infrared invisible light. The iaser is totally immersed in the barrel to allow the use of standard duty holsters. Can be ordered for different caliber weapons, 9mm. .38', AO' Range3000 XP4 Basic Operation and Editing Course- 4 Students at Inc Customer Site or 2 Students at IES Training Facility in Colorado for ~ Davs of system operator training. Travel to Colorado Includes. Flights, Hotel. Morning and Lunch meals. Other Travel related expenses are the responsibility of the customer EXHIBIT A 8250 E Park Meadows Drive, Suite 100, Littleton, CO 80124 Tel 303 662 1212 Fax 303 858 1579 www.ies-usa.com Toll Free 800 344 1707 Trolnïng FREE Access to I ES Digital Scenario Library System will be pre-loaded I nc with approximately 70+ Multi-Branching Judgmental Use of Force Scenarios and 25 Threat Reconnition Traininn Slides Delivery. I~)surance and Standard 1 -year Warranty '(see below I nc descriotion Svstem Package Sub-Total: $59, 500 Allowance for Ranae 2000 UDarade and Trade-In: <$24, 500> ~vstè".,~aèk~'1'Qtalfó"$af1ta~tJaPD: $35, 000 7'()'1'...!tt.\SY$tfæmçt>$t.vvifh..ÇA...7/1S%Taxll1cll.!ded: $37',7'12.50 *Customer Support Plans '? 24 x 7 Hot-Line technical support over phone '? On-Line remote maintenance '? Labor and parts repair at DEPOT (Shipment. taxes. duties, packing. insurance are not included) '? Software UPDATES (Bug fixes - not new features or upgrades) '? 2 "credits" to a "refresher course" based on availability '? 10% Discount on all purchases during warranty period .... ,..rãiningllËnhancernent.pr'o(lucfs: Item Description Qtv PricinQ 1 Heads Up Display: 1 $7,500 Firearms Diaonostic Svstem - Student Headset with Carrvino Case 2 Advanced Debrief: 1 $1,500 Utilizes custom multi-media for reinforcement of policy. procedures and learnina obiectives. 3 Reactive Firearms Simulator: 1 $8,000 Operator Controlled Tracking Includes: Soft Projectile Launcher on Operator Controlled Pan/Tilt Platform. with Targeting Camera, Video Monitor, 50 Ft. Remote Control Cable, and 100 Soft Proiectiles 4 M-26 or X-26 TASER Laser Weapon Includes: 1 $2,500 2 laser cartridges for reloading drills. and a TASER weapon modified for use on Ranne 3000 XP4 5 Glock 17 Red Training Gun: 1 $850 Non Tethered. Double Action. No recoil 6 Shotgun Laser Shell: 1 $2,450 Non Tethered - No Recoil Can be used in most 12 Ga. Pump Action Shotouns 7 37/38MM Laser Shell for Gas Gun: 1 $ 2,450 Drop in for Gas gun with single shot capability, will not function in multi-round nas nuns, includes IES laser lane 1,2 or 3 8250 E Park Meadows Drive, Suite 100, Littleton, CO 80124 www.ies-usa.com Tel 303 662 1212 Fax 303 858 1579 Toll Free 800 344 1707 -J>.I Interoctive TrH'-nl~nu 8 Dvorak AR-151'étliéi'éd Air Recoil System: 1 $2,800 This is a drop in kit for a real AR15 weapon. The drop in kit DOES NOT include the weapon. It is a tethered Recoil option with laser. The kit provides excellent recoil on the AR15. Air Coupling for external source of compressed air set to 120 psi, it is tethered with a light weight coil air hose. The air supply (compressor/tank) is not included in the price. The system will work on any compressor, air tank capable of producing 120 psi. All adapters and hose are included in the nrice. 9 Dvorak T~tli~..~d Air Recoil System Drop-In Kit - No Permanent 1 $2,600 Modification to weapon needed: The drop in kit DOES NOT include the weapon. Includes laser, Drop in barrel. spring. special magazine, air hose, belt mounted air supply, Currently available for. Glock 17, 19. 22, Sig 220. 226. 229. Berreta 92F (weapon can be reconfigured for live fire) (Can be connected to the same air tank that is used by the Shootback cannon, or compressor or man~pack cartridae must be set to 110 Dsi) 10 OPS AR-15: 1 $2,400 The "OPS AR15" is similar to the Glock Red gun in that it allows you to use an M4 configured weapon in dry fire on the R3K. The "OPS" is not a real gun however, it is extremely realistic. The "OPS" kit uses an air pulse fired at the back of the laser insert to activate the laser using vibration same as a pistol. THERE IS LITTLE TO NO RECOIL felt on this weapon. The air is used for laser activation only. Includes the following: 1-IES Lane 1,2 or 3 laser insert 1- laser ring adapter 1- AR15 M4 replica weapon 5- 45 gram Co2 refillable cartridges 2- Blue AR15 magazines (non functional) 1- Adapter for standard size Co2 cartridge 1- Aluminum CarrY case 14 Ceiling Mount: for Projection Unit 1 $450 15 50' Cable: for Ceiling Mount for Projection Enclosure unit 1 $230 1. 2. 3. 4. 5. Payment Terms: NET 30 from date of invoice Note: a) A late payment charge of 0.05% per day shall apply for late payment. Delivery: 6 Weeks ARO Partial Shipment and/or Partial Invoice are: Permitted. Warranty: 12 Months from date of shipment. Quote Valid 30 days. 8250 E Park Meadows Drive, Suite 100, Littleton, CO 80124 www.ies-usa.com rei 303 662 1212 Fax 303 858 1579 Toll Free 800 344 1707 . ACORD- CERTIFICATE OF LIABILITY INSURANCE CSR DM I DATE (MMIDDfYY'IY) IESIN-1 08/16/04 PRODUCER THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GEM Insurance Agencies, L.P. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR P. o. Box 27469 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77227-7469 Phone: 713-622-2330 Fax:713-622-2053 INSURERS AFFORDING COVERAGE NAlC# INSURED A-;J.oo4-/7¥- INSURER A Lexington Insurance CO. INSURER B Travelers Insurance company 39357 IES Interactive Training, Inc. - Attn: JoAnne Grantham INSURER C 8250 E Park Meadows Dr #110' INSURER D Littleton CO 80124 INSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NßMEDABOVE FOR THE POLICY PERIOD INDICATED NQTVVITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 11-118 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AAD CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSRa TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDNY) DATE (MMIDDNYI LIMITS í GENERAl LIABILITY EACH OCCURRENCE $1,000,000 - 0313586 08/07/04 08/03/05 ~~iE:s(EaoccUrence) $ 50,000 A X ~ ðMERCIAL GENERAl LIABILITY CLAIMS W>ÐE ~ OCCUR MED EX? (Anyone peroon) , - ~ Product Liability PERSONAL & f'DV INJURY , 1,000,000 GENERAL AGGREGATE $ 2,000,000 - $1,000,000 GEN'L AGGREn LIMiT APPnPER PRODUCTS - COMP/OP AGG Xl PRO- X POLICY JECT LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ~ ANY AUTO CAP966K3583 08/03/04 08/03/05 IEaaccldenl) AL~ OWNED AUTOS BODILY INJURY - , SCHEDUŒD AWìOS (Perper50n) - ~ HIRED AUTOS BODILY INJURY , i~ NON-OWNED AUTOS (Peraccidenl) PROPERTY DAMAGE , IPeracçident GARAGE lIABILITY AUTO ONLY - EAACClDENT , ,~ ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGG . EXCESSIUMBRELLA LIABIL!TY EACH OCCURRENCE $ =t OCCUR 0 CLAIMS MADE ~f;¡~~ ~íÝ / / )~ AGGREGATE , , ~ ~EDUCTIBLE , RETENTION $ , WORKERS COMPENSATION AND v h¿;'Rr.;,t:~iT:t I I' ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT . OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT . OTHER B Commll property/Eq I66D966K3571 08/03/04 08/03/05 Property 100,000 A Professional Liab 0313586 08/07/04 08/03/05 Occ 1,000,000 DESCRIPTlON OF OPERATIONS I LOCATIONS {VEHICLES {EXCLUSIONS ADDED BY ENDORSEMENT {SPECIAL PROVISIONS See Attachment A for additional wording CERTIFICATE HOLDER CANCELLATION CITSS14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D DAYS WRITTEN city of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 NOTlCE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAlL IMPOSE NO OBLlGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 certiticate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmativeiy or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ';f3<~u~ ¿/S- ACOR D 25 (2001 fOB) ATTACHMENT A city of Santa Ana, its officers, employees, agents, volunteers and representatives named additional insured on General Liability (Form LX9466 10/03 attached) and Automobile when required by written contract prior to a loss. General Liability policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. ~j'dt/J/J- ENDORSEMENT This endorsement. effective 12:01 AM Forms a part of policy no.: Issued to: By: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT B. The insurance provided to the above described additional insured under this endorsement is limited as follo\NS: 4. The insurance provided to such an addilional insured does not apply 10 "bodily injury" or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any pro- fessional services including: The preparing. approving or failing to prepare or approve maps. shop draw- ings, opinions. reports, surveys, field orders, change orders, or dravvings and specifications; and A. Section II - Who Is An Insured is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a witten contract or winen agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." 1. COVERAGE A BODILY PROPERTY DAMAGE Coverages) only. INJURY AND (Section I ii Supervisory, inspection, architectural or engineering activities. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the witten contract or vvritten agreement, the insurance pro- vided by this endorsement shall be limited to the Limits of Insurance required by the vvritten contract or witten agreement. This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your \J\{)rk" or "your product" included in the "producls-completed operatons hazard" unless you are required to provide such coverage by vvritten contract or vvritten agreement and then only for the period of time required by the witten contract or witten agreement and in no event beyond the expiration date of Ihe policy. 2. The person or organization is only an ad- ditional insured ~th respect to liability arising out of "your VI.Ork" or "your pro- duel" for thai additional insured. ~~? 51/5- lX9466 ( 10/031 In.clu~t.iM"'9~tj~Ìd~rmat¡on of the Insurance Services Offices, Inc. IfoIIth 1~~e~hf~6K~GlJlrtghts reserved. Page 1 of 2 6. Any coverage provided by this endorse- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a witten contract or \lVritten agreement specifically requires that this insurance apply on a primary or non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f.. Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I Coverages) does not apply 10 you if the "'bodily injury"' or "'property damage" arises out of "your work" or "your product" performed on premises which are owned or rented by the additional insured at the time "your 'JI.()rk" or "your product" is per- formed. D. In accordance with the terms and conditions of Ihe policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" vvt1ich may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. );4#1ßÝay s?!5- --- Authorized Representative OR Countersignature (In states where applicable) LX9466 ( 10/03) In.clu~t.'M~'ì9.tj~w~~rmation of the Insurance Services Offices, Inc. 'Mth 1~~efm?os"~l~G(IYrlghts reserved. Page 2 of 2 INSURANCE AGENCIES. L.P. COMMERCIAL AND PERSONAL INSURANCE /$---"" í i:.M.') \'-~:./' OIT](:I':: 3355 W. ALl\B,\MA. ff850, [IDUSTON, TI.:x/\$ 77098-1798 MATT.IK(i: 1',0. BOX 27469, HOU~TON, TEXAS 77227-7469 (71 J) 622-2330 FAX (713) ó22-2053 August 12.2004 IES Interactive Training Inc Attn: Diane ¡:;.nocll 8250 E Park Meadows Dr # 110 Littleton, CO 80124 RE: REVIEW OF INSURANCE REQUIRENIENTS FOR City ofStwta Alia Dear Diane: \Ve have re,-ìewed the insurance sections of the contract material you provided. and there are items that you should seriously consider when you enter into this type of written agreement. Our comments about insurance and any subsequent celtiíìcate we issue are based upon the insurance coverage you have in force at the time of this letter. It may not ret1ect the exact coverage required by the contract you have signed or will be signing. Usually there are indenuúties and tenus in the contract that require you to be responsible for liabilities that are either not insured or you should not ,,,ish to assume b~y contract. Legal counsel should review any contract or agreement you sign as they are in the best position to evaluate the overall legal ramitìcations of the contract for you. Some of the items we noted on the insurance requirements of the contract material you provided include but are uot necessarily limited to: GENER4L LIABILITY-Attlched Lexington Additional Insured f01111 NOT Exhibit B provided by City of Santa Ana.. Have sent copy to carrier for review. WORKERS' COMPENSATION-Colltlct Colorado State Fund for issnance of certificate. After reviewing the insurance requirements of the contract material you provided, we feel your interests are best served b:y having all contracts reviewed by your legal counsel or attorney. \Ve have issued a certiticate of insurance based upon your existing coverages. Sincerely yours, DOllna !delton, CIC CISR Account 1Ianager , ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR DM I OJorE(IIlIol/OOlYVYYI IESIN-l 08/05/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GEM Insurance Aqencie., L.P. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 27469 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77227-7469 Phone: 713-622-2330 Fax: 713-622-2053 INSURERS AFFORDING COVERAGE NAIC# -- - INSURED A-1.QO,,\ -ll4 IN5U~ERI< Lexington Insurance Co. INSUFlERB n.....hn In,Qnn",Cc"P"''' 39357 IES Interactive Training, Inc. Attn: JoAnne Grantham INSURERC, 8250 E Park Meadows Dr #110 INSURER 0; Littleton CO 80124 INSURERE COVERAGES THE POlK:IES OF INSUFlA'ICE LISTED BHOW >lAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR Tl-IE POLICY PERIOD INDICATED. NOTWITHSTI\NOING 4NYREOUIREMENT.TERMORCO'lOITIONOFANYCDNTRACTOROTHEROOCUMeNTWITHRESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR IolAYPERTAlN,Tfff INSURANCE AFFOROeO BY THE POUCIES OESCRlBED IiEREIN IS5U BJECTTOAll THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POUCIES.MlGIlEGATE LIMITS SHOWN MAY HAVE 8EENREDUCEOBYPAjDCLAIMS . IN&1l ~~~ i POLl(;YEFFEcnVE POLICY EXPIIlATION -- ,~ TYPE OF INSURANCE POlICYNlAIlIER OATEIMMlDDNY) DATE (MMIODIYY) LIMITS GEMEllAl.llABIllTY EACHOGCURRENCE $ 1,000,000 A X 1,,- 7286580 08/03/05 08/03/06 OAMAGETOIlENTED , 50,000 COMIIlERCIAL GENERAl LlAejLITY "REMj3ESIEao>c:<:lS8l1C<!1 I .'-l CLAIMS MADE [..!.] OCCUR MEDExPIAn,ono.,.",onl , "- Product Liability PERSONAL&AOVI'IJUIlY $ 1,000,000 I ~:alkt Contractual GENERAL AGGREGATE $ 2,000,000 fr'"'~"A'7:'~' PRDOUCTS.COMl'iOPAGO $ 1,000,000 X POlICY 'JECT n,oc ~DBILEUA.BILITY I CQMBINED SINGLE liMIT , 1,000,000 B X "- ~YAUTO I CAP966K3583 08/03/05 08/03/06 lEaacddonl1 I 0'-__ ALL OWNED AUTOS - BODILYINJUIlY , SCHCDULEOAUTOS lP<l,pa,,,,,nl - "- HIRED AUTOS 80DILYINJURY , "- NDN-OI'lNEDAUTOS IP.,acddenll - PIlQPERTYDAMAGE , 1P<l'accidenll ~"~"'~ AUTO ONLY. EA ACCIDENT , ""lYAUTO OTHER THAN EAACC , AUTO ONLY ~o , EXCESSlUMltRElL.ALlABllITY EACH OCCURRENCE , :.:J =" DCLAIMSMAOE AGGREGATE , , , R:'oc"'~' , AETENTION . . WORI<:ERS C",",PENSAT>ON AND I I r:~ ~~~~~. OTH- , .L dol 'EMPlOYEIlS'LIABIUlY "-'- ~YPIlOPRIETORIPARTNEAlEXECUTIVE EL,EACHACCIDE'IT . OFFICERlMEIIlBEREXCLUOED? fL,OISEASE EAEMPLOYEE , If YO'. ~..I;tibol u<'>ll&r Sl'ECIALPRO>'ISIONS1>elow E.L.OISEASE Pl)L1CYlIMIT , 0_' B Corum' 1 Property/Eq 1660966K3571 08/03/05 08/03/06 Property 100,000 A Professional Liab 7286580 08/03/05 08/03/06 Oee 1,000,000 DUCRIl'TIONOFQflEIlATlCINSllOCATIONSIVEHlCLESIEXCU&lCINSADDEDBYEtlOORSEMENTI&PECIALPROVISIOtlS See Attachment A for additional wording APPROVED AS TO FORNi /~: ~e~( ~ A, ", nt rit"l .ttnfll':\' CERTIFICATE HOLDER CANCELLATION CITSS14 SHOULD.o.NYO'THI!ABOVEDE8CRI8EDPOUCIE5SECANCl!lLED8EFORElHEEXPIRATKlN DATETHEREO',THf:ISSUINDltlIURERWllLEtlDEAYORTOMAIL 30 DAY5WIlITTEM tlOnCETOTHECERTIFICAUHOI.Dt:RN.AMEDTOTHE LEFT,BUTFAlLURETO 00 10 llIAl.L ,.POllE NO OBUGATlOtI 011 LIAIIILI1'Y OF AtlY I<:IND UPOtI THE INIUIlER,ITlI AGENTS OR City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 @ACORD CORPORATION 1988 ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. APPROVED AS TO fO,,_>,l V?J3zf3 La/," Still Sbeedy As::;istant City Atlorncy ACORD 25 (2001/08) NOTEPAD: HOLDER CODE INSURED'S NAME CITSS14 IES Interactive Traininq, Inc. IESIN-l CSRDM PAGE 3 DATE 08/05/05 ATTACHMENT A City of Santa Ana, its officers, employees, agents, volunteers and representatives named additional insured on General Liability (Form LX9466 10/03 attachedl and Automobile when required by written contract prior to . 10... General Liability policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. APPROVED AS TO FORM ~ 3/~ La 'fa Stltl Sheedy AS::;lstant City Attorney