The URL can be used to link to this page

Home My WebLink AboutRedlands Software Inc. 2 IJ'- oj ;., ~ "'" '" " , s '" 0) , 'b " > , " '" , 'Y " - i::::! , "" "0 -.0 , ~ v; '" " .- '" " '" ~C.) .<: <( 0 .s, - '" u " ~ ~= " - s ~ ~,~~) 0 " ~ " 0) S "'.<: M Z Ul'::: 0) N ;., .0 ~ '" '" 4-< 0 , 0.- 0-,< 'l:' t-- -a ;.,'- ~ .;- _ 0) ~ \0 " " 00 - '" ~~l.J "'" - i " f-; 1=-1 '" <( ~t.) z "~ 8 - - M ~ . " ~ F 0) 0:: 0) '- il.i S ~ 0) '" - P-I 0) - S - '" f-; 0) "0 ~ '" 0 5b " " f-; '" fr !;!l z '" 0 Ul P-I "'" U 0 ~ 0) .<: 0) P-I " .<: '" - P-I - 4-< 0:: - 0 '" '-' 0) ~ <( .<: - 0) " 0 0) .<: ;., ;;: - '" E 0.- 0) <2 0 ...: v; Ul :.a 0) - .<: 0) - " - 0 0 0) p. - I:: "'" E " 0) M S S " 0 0 <2 if, P. , " " " c- O) E , 0) " "S 5b 00 v; '- - 0 "'" '" B v; '" " " 0) " 0) 5:: 0) '" v; v; 0:: 0"' .<: '" "S; f-; ;;: 0) 0:: INSURANCE NQl ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: OCT 1 8 2005 A-200S-229 CONSULTANT AGREEMENT TIDS AGREEMENT, made and entered into this / r"- day of ~6fJ~ 2005 by and between Redlands Software Inc., a California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). ~ V) a:: Q ""c~ , iZ~~'f\ ~\) Za;~y~('i Oc...a::: 0 I ~~~~ ~Q :i:!:3l' a....... c::::~ -J I ::lI:::::.. =.IC::::j::"""l., n::~ ~~z....,~<c: _:>~ 00. CITALS A. The City desires to retain Jconsultant having special skill an. d knowledge in the field of Geographic Information S~em programming and technical services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such ~dards as may reasonably be expected from a professional cOnsulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit I to this Agreement. 2. COMPENSATioN a. ConSultant agrees that the hourly rate for all services provided in this Agreement shall not exceed the rate of $85 per hour. The total sum to be expended under this Agreement shall not exceed $50,000.00. In the event unexpected circumstances necessitate additional work not contemplated herein which will exceed $50,000.00, such additional work shall require prior written approval from the Executive Director of the Public Works Agency. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and tenninate on October 1,2006, uuless terminated earlier in accordance with Section 12, below. The term of this 1 . I ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDOIYYYY) 05111105 PROOUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION John Burnham Insurance Svcs 21 ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCA TE CA License 0099753 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2415 Campus Drive, Suite 200 Irvine, CA 92612 INSURERS AFFORDING COVERAGE NAlC# ........ INSURER A; Colony Insurance Company 39993 Redlands Software, Inc. INSURER B: Travelers Insurance Co. 2656 Redlands Dr. INSURER c: Costa Mesa, CA 92627 INSURER 0: iNSURER E: Client#. 352 REDLANSOF COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IssueD TO THE INSURED NAMED ABOVE FOR TH.E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WHH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSuRANCE POUCY NUMBER ~ EFFECTIVE ~,.J EXPIRATION LIMITS B ~OMOBILE UABlLITY ..!.. ANY AUTO _ AlL OWNED AUTOS _ SCHEDULED AUTOS ..!- HIRED AUTOS ~ NON-QWNED AUTOS I- 810232H0483 04/28105 04/28106 EACH OCCURRENCE '1 000 000 DAMAGE TO RENTED .50 000 MED EXP (Any ooe per8CI1) .5000 PERSONAL & ADV INJURY 'l-MoOOO GENERAl AGGREGATE .2 000 000 PRODUCTS - COMP/OP AGG . COMBINED SINGLE LIMIT '1,000,000 (Eaaccident) BOOlL Y INJURY . (PeI'"penIOI1) BODILY INJURY . (Per accident) PROPERTY DAMAGE . (Pel'" accident) A GENERAL UABlUTY E0400197 f COMMERCIAL GENERAL LIABILITY l CLAIMS MADE [!] OCCUR 05112105 05112/06 - - ~'LAGGRE~ LIMIT ~S PER: I POlICY I 1 ':~.Q;: I I LOC nRAGE LIASIUTY H ANY AUTO AUTO ONLY. EA ACCIDENT $ EAACC $ AGO $ . . . . . I WC STATU- I IOJt'" EACH OCCURRENCE OTHER THAN AUTO 0Nl. Y: ~ESSAJMBRELLA UABIUTY ---1 OCCUR 0 ClAIMS MADE I DEDUCTIBLE I 'RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY At{'( PROPRIETOR/PARTNERlEXECUTIVE OfFICERlMEMBER EXCLUDED? If yes, desalbe under SPECIAl.. PROVISIONS below OlliER AGGREGATE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPlOYEE $ E.L. DISEASE. POLICY LIMIT $ .., A' ". DESCRIPTION OF OPERAllONS J LOCAnoNS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEIIIENT I SPECIAL PROVISIONS 1"\..1 ~ ,~'-.J - J.. The City of Santa Ana, its offlcers,employees, agents,volunteers and ! representatives are named Additional Insureds with regard to Liability and II~ rJ.;.. / defense of suits arising from the operations and uses performed by orIon Michael Vigliott'lt V behalf oflhe named insured. Deputy City Attorney City of Santa Ana, Its officers, employees, agents volunteers & representatives 20 Civic Center Plaza Santa Ana.. CA 92701 CANCELLATION TAn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPtRATION DATE THEREOF. TtE ISSUING INSURER WILL JlL.II a I (7'1:UMAlL -30.- DAYS WRITTEN NOTICE TO THE CERllACATE HOLDER NAMeD TO THE LEFT,.,....- IJ:h I'J -r_1e .,,-_..~~_._J(YltJWll1IV'__~.....-......Jl-~-.A{lAI'.xy CERTIFICATE HOLDER AUTttOfUZED REPRESENTATIVE ?v~ ACORD 25 (2001108) 1 of 2 #M29598 KJE @ ACORD CORPORATION 1985 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 Cartificate 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 amand, extend or altar the coverage afforded by tha policies listed thereon. ACORD 25-S (2001108) 2 of 2 #M29598 POLICY NUMBER: E0400197 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ~City of Santa Ana, its officers, employees, agents volunteers & representatives 20 Civic Center Plaza Santa Ana" CA 92701 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your operations or premises owned by or rented to you. CG20261185 . ADDITIONAL INSURED ENDORSEMENT FOR COMMERClAL GENERAL HARliTY POLICY \nsuraDCe C/lnlpany Colony Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # E0400197 relating to the following: ~ I. The City of Santa Ana, 20 Civic Center PIau, SiIIltaAna. California 92701; its ofticers, employees, agents, volW'lteers and representatives arC named as additional insureds ("additional insureds") with tegard to liability and defense of suits arising fTom the operations and uses perfOlIDed by or on behJIIf of the named insured. 2. With respect \0 claims arising out ofthe operations and uses performed by or on hehalf of the named lllSW'oo, such lllSWlU1C~ a:; is alTurncd by thi. policy is primary and is not additional to or contributing with any other insurance cauied by or for the benefit of the additional insureds. 3. lbis insurance applies separately to each insured against whom claim is made or suit is brought e"-cept with _peet to the company's limits of liability. lne inclusion of any person or organization as an insured shall not affect any right which such pcrson or org-.mization would have as a claimant ifnot so included. 4. With respect to the additional insureds, tbis insur.m.ce shall not be cancelled. or materially reduced in coverage or limits except after thirty (:~O) tiays written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to 05/12/05 E0400197 REDLANDS . this endorsement fUlm as a part of SOFTWARE, INC. Named Insured Counlen<; gned hy ~ APC~~EDVS TO "F~RM M chael Vigliotta Deputy City A ttorne ,J Client#: 352 REDlANSOF ACORD," CERTIFICATE OF LIABILITY INSURANCE _.~--,-- -- -~'-'"- DATE (MMIDOfYYYY) 05/18/2006 I ~_, '--."""'''-'-','.-"",,~,"~ ----.__"'_.0"_' "~,-,~,.",-~'.-- -'-"'--'''-. -'. -."-'-_.-_.~' ,,~._,._--,- -- "^-___',__."...,'~N__ PRODUCER TAisCERTiFICATE 15 iss[)ED AS A MATIER6flNF6RMATt6N . John Burnham Irv 1210 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2415 Campus Drive, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92612-6530 949 833-2462 INSURERS AFFORDING COVERAGE NAIC# INSURED A- :ADcII-- D3;) !NSURER A; Colony Insurance Company 39993 Redlands Software, Inc. INSURER B: Travelers Insurance Co. 2656 Redlands Dr. fi.- ;).(;;oS - Z:;;,'i INSURE:R c: Costa Mesa, CA 92627 A- ;xooiP-.o1&> INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER ~AL.1~~J~f68~IE POLICY EXPIRATION UM1TS LTR NSR A ~NERAL. LIABILITY E0400197 05/12/06 05/12/07 EACH OCCURRENCE '1 000000 lL 3MERClAl GENERAL LIABILITY DAMAGE TO RENTED .50 000 - CLAIMS MADE ~ OCCUR MED EX? (Any one perso~\ $5000 PERSONAL & AOY INJURY $1 000 000 - GENERAL AGGREGATE $2 000 000 ~'l AGG~En 11IMIT API~!.~rPER' PRODUCTS - COMP/OP AGG $ POLICY I ~~8i LOC A ~TOMOBILE LIABILITY 810232H0483 04/26/06 04/28/07 COMBINED SINGLE LIMIT lL ANY AUTO (Eaaeeidal1l) '1,000,000 - All OWNED AUTOS BODILY INJURY (PerpllrsOl1) $ - SCHEDULED AUTOS 2L HIRED AUTOS BODILY INJURY $ 2L NON.OWNED AUTOS (Peraecident) L- PROPERTY DAMAGE . (Peraceidenl) RRAG' LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY; AGo , O~SS/UMBRELLA LIABILITY EACH OCCURRENCE , OCCUR 0 CLAIMS MADE AGGREGATE $ $ ROEDUCTIBLE ~I //^J $ RETENTION . ( $ WORKERS COMPENSATION AND ..M/V '.'.'Y/I~~ I we STATU; I IOJ);'- EMPLOYERS' LIABILllY ANY PROPRIETOR/PARTNER/EXECUTIVE /J . E.\.. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E,L, DISEASE - EA EMPLOYEE $: Ifye$.descrbeunder SPECIAL PROVISIONS below E.L. DISEASE. POLICY liMIT , OTHER DESCRIPTION OF OPERATIONS' LOCATIONS 'VEHICLES' EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS The City of Santa Ana, its offlcers,employees, agents, volunteers and representatives are named Additional Insureds with regard to Liability and defense of suits arising from the operations and uses performed by orlan behalf of the named insured. 30 day notice of cancellation except for 10 days for non.payment of premium CERTIFICATE HOLDER CANCELLATION City of Santa Ana, its officers, employees, agents volunteers & representatives 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL.ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Xbl:DeNfftRXI{ MAIL .....30..... DAYS WRlTIEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT,:mtJ:It.tll~~8){ ~.UXJJiRJIJUOllRXUIUlXX1.{)t)lX~XIl'Jtxx)tJC:_~~xx _ It)( AUTHORIZED REPRESENTATIVE ?'vt:..t ACORO 25 (2001/06) 1 of 2 #S328203/M328202 KJEAT @ ACORD CORPORATION 1988 ') .9-- l!-- I r,C.?"" ~'.~.--c,'-c.=-.""'OC-."""",",=~''',"-'~-.~:'.'''',~"=.',,,-:=:_ ................ .,' .." ,",., ........ ....~.,7...777..77........,...~....7.....,7..7'..777..~..7......~......~C7....~~...,..................7.....J "-"1 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 SUBROGA nON IS WAIVED, subject to the terms and condnions of the polley. 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. i ./7%.;'/ /, ,T~;?:-) '') ACORD 25-8 (2001 f08) 2 of 2 #S328203/M328202 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of PersOll or Organization (Additionallnaured); TH E CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 A. SECTION II - WHO IS AN INSURED is amended and the following added: The person or organization (called "additional insured") shown in the Schedule is also an insured bul only: 8. with respect to indirect liability caused by or resulting from your ongoing operations performed for that ~addltional insured(s)"; and b. when you and the person or organiZation shown in the Schedule have agreed in writing in a contract or agreement that such person or organization be added as an -additional insured" on your policy. A person's or organization's status as an "additional Insured" under this endorsement ends when their contract or agreement with you ends. B. SECTION 1- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions IS amended and the following added: ThIs insurance does not apply to: Additional Insured Contractual Liability "Bodily Injury" or ~property damage" for which the "additional insured(sr are obligated to pay damages by reason of the assumption of Ilability'in a contract or agreement. Finished Operations or Work "Bodily injury" or "property damage": (1) occurring alter "your 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 site of the covered operations has been completed; or (2) occurring after 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, Negligence of Additional Insured "Bodily Injury" or "property damage~ directly arising out of or resultIng from the negligence of 1he ~additiona' insured(st. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156-0702 Page 1 of 1 ~}b ,J Client#: 352 REDlANSOF ACORD," CERTIFICATE OF LIABILITY INSURANCE _.~--,-- -- -~'-'"- DATE (MMIDOfYYYY) 05/18/2006 I ~_, '--."""'''-'-','.-"",,~,"~ ----.__"'_.0"_' "~,-,~,.",-~'.-- -'-"'--'''-. -'. -."-'-_.-_.~' ,,~._,._--,- -- "^-___',__."...,'~N__ PRODUCER TAisCERTiFICATE 15 iss[)ED AS A MATIER6flNF6RMATt6N . John Burnham Irv 1210 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2415 Campus Drive, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92612-6530 949 833-2462 INSURERS AFFORDING COVERAGE NAIC# INSURED A- :ADcII-- D3;) !NSURER A; Colony Insurance Company 39993 Redlands Software, Inc. INSURER B: Travelers Insurance Co. 2656 Redlands Dr. fi.- ;).(;;oS - Z:;;,'i INSURE:R c: Costa Mesa, CA 92627 A- ;xooiP-.o1&> INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER ~AL.1~~J~f68~IE POLICY EXPIRATION UM1TS LTR NSR A ~NERAL. LIABILITY E0400197 05/12/06 05/12/07 EACH OCCURRENCE '1 000000 lL 3MERClAl GENERAL LIABILITY DAMAGE TO RENTED .50 000 - CLAIMS MADE ~ OCCUR MED EX? (Any one perso~\ $5000 PERSONAL & AOY INJURY $1 000 000 - GENERAL AGGREGATE $2 000 000 ~'l AGG~En 11IMIT API~!.~rPER' PRODUCTS - COMP/OP AGG $ POLICY I ~~8i LOC A ~TOMOBILE LIABILITY 810232H0483 04/26/06 04/28/07 COMBINED SINGLE LIMIT lL ANY AUTO (Eaaeeidal1l) '1,000,000 - All OWNED AUTOS BODILY INJURY (PerpllrsOl1) $ - SCHEDULED AUTOS 2L HIRED AUTOS BODILY INJURY $ 2L NON.OWNED AUTOS (Peraecident) L- PROPERTY DAMAGE . (Peraceidenl) RRAG' LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY; AGo , O~SS/UMBRELLA LIABILITY EACH OCCURRENCE , OCCUR 0 CLAIMS MADE AGGREGATE $ $ ROEDUCTIBLE ~I //^J $ RETENTION . ( $ WORKERS COMPENSATION AND ..M/V '.'.'Y/I~~ I we STATU; I IOJ);'- EMPLOYERS' LIABILllY ANY PROPRIETOR/PARTNER/EXECUTIVE /J . E.\.. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E,L, DISEASE - EA EMPLOYEE $: Ifye$.descrbeunder SPECIAL PROVISIONS below E.L. DISEASE. POLICY liMIT , OTHER DESCRIPTION OF OPERATIONS' LOCATIONS 'VEHICLES' EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS The City of Santa Ana, its offlcers,employees, agents, volunteers and representatives are named Additional Insureds with regard to Liability and defense of suits arising from the operations and uses performed by orlan behalf of the named insured. 30 day notice of cancellation except for 10 days for non.payment of premium CERTIFICATE HOLDER CANCELLATION City of Santa Ana, its officers, employees, agents volunteers & representatives 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL.ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Xbl:DeNfftRXI{ MAIL .....30..... DAYS WRlTIEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT,:mtJ:It.tll~~8){ ~.UXJJiRJIJUOllRXUIUlXX1.{)t)lX~XIl'Jtxx)tJC:_~~xx _ It)( AUTHORIZED REPRESENTATIVE ?'vt:..t ACORO 25 (2001/06) 1 of 2 #S328203/M328202 KJEAT @ ACORD CORPORATION 1988 ') .9-- l!-- I r,C.?"" ~'.~.--c,'-c.=-.""'OC-."""",",=~''',"-'~-.~:'.'''',~"=.',,,-:=:_ ................ .,' .." ,",., ........ ....~.,7...777..77........,...~....7.....,7..7'..777..~..7......~......~C7....~~...,..................7.....J "-"1 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 SUBROGA nON IS WAIVED, subject to the terms and condnions of the polley. 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. i ./7%.;'/ /, ,T~;?:-) '') ACORD 25-8 (2001 f08) 2 of 2 #S328203/M328202 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of PersOll or Organization (Additionallnaured); TH E CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 A. SECTION II - WHO IS AN INSURED is amended and the following added: The person or organization (called "additional insured") shown in the Schedule is also an insured bul only: 8. with respect to indirect liability caused by or resulting from your ongoing operations performed for that ~addltional insured(s)"; and b. when you and the person or organiZation shown in the Schedule have agreed in writing in a contract or agreement that such person or organization be added as an -additional insured" on your policy. A person's or organization's status as an "additional Insured" under this endorsement ends when their contract or agreement with you ends. B. SECTION 1- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions IS amended and the following added: ThIs insurance does not apply to: Additional Insured Contractual Liability "Bodily Injury" or ~property damage" for which the "additional insured(sr are obligated to pay damages by reason of the assumption of Ilability'in a contract or agreement. Finished Operations or Work "Bodily injury" or "property damage": (1) occurring alter "your 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 site of the covered operations has been completed; or (2) occurring after 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, Negligence of Additional Insured "Bodily Injury" or "property damage~ directly arising out of or resultIng from the negligence of 1he ~additiona' insured(st. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156-0702 Page 1 of 1 ~}b INSURANCE .NOT ON FILE A-2005-229 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: OCT 1 8 ZUU~ CONSULTANT AGREEMENT .c.' P-.;I" THIS AGREEMENT, made and entered into this / r day of ~q>~2005 by and (CCflIfi-iJ between Redlands Software Inc., a California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain alconsultant having special skill and knowledge in the field of Geographic Information S~em programming and technical services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit 1 to this Agreement. 2. COMPENSATION a. Consultant agrees that the hourly rate for all services provided in this Agreement shall not exceed the rate of$85 per hour. The total sum to be expended under this Agreement shall not exceed $50,000.00. In the event unexpected circumstances necessitate additional work not contemplated herein which will exceed $50,000.00, such additional work shall require prior written approval from the Executive Director of the Public Works Agency. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 1,2006, unless terminated earlier in accordance with Section 12, below. The term of this 1 Agreement may be extended upon a writing executed by the Executive Director of Public Works Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term ofthis 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Consultant's 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold hannless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold hannless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of 3 like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, Califomia 92702 telefacsimile (714) 647-5654 and, 4 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Redlands Software Inc. 2656 Redlands Drive Costa Mesa, CA 92627 Attn: Richard McFarland A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 5 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION. VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of Califoruia. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indemnify City fully, including reasonable costs and attoruey's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By:J^~k~~Lbv Michael Viglio ~ Deputy City Attorney CITYMa. DAVID N. REAM City Manager CONSULTANT ~ljh(tl./ President Employer ID # 33-0676216 7 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits ofliability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I. (Completion of the following, including countersignature, is required to make this endorsement effective.) , this endorsement form as a part of Effective Policy # Issued to Named Insured Countersigned by Authorized Representative 8 REDLANDSSOFTWARE, INC. 2656 Redlands Drive Costa Mesa. CA 92627 September 1, 2005 Teri Cable Administrative Services Manager City of Santa Ana 20 Civic Center Plaza, M-21 Santa Ana, CA 92702 Dear Ms. Cable: Thank you for the opportunity to provide the services you have requested for your document imaging project. This letter comprises a statement of work setting out our approach and estimated hours to complete this important project. Back Ground Central Files manages a large number of public records documenting the Public Work Agency's various projects and activities. The records that are included in the scope of this project include: . Engineering Drawings - Street Improvements, Traffic Signals, Channelization, Traffic Control, City Structures, Storm Drains, Sewers, Water Facilities, and Sewer & Water Atlas Sheets. . Survey Information - Centerline Ties and Benchmarks. . Project Files - Specifications, Contracts, and Financial Documents. . Development Files - Permits, Miscellaneous Cash Transactions, Letters of Conditions, and Grading Plans. You have decided to use the Laserfiche Document Imaging and Management System that has already been adopted by the Clerk's Office and the Police Department. The City has contracted the services of a full time consultant, Mr. Bruce Fruchter, who will be available to assist with the implementation. Document Imaging and Management systems are rather mature and have a history of solid successful implementation. However, Public Works records typically present unique access, retrieval, viewing, and printing challenges. In addition, the Public Works Department desires to interface the existing SAGIS Viewer to the Laserfiche system. Your Central Files personnel have developed techniques, procedures, and computer programs for managing your records. This knowledge base must be transitioned smoothly into the new document management system since the new system will largely supplant the old. The current records, personnel, procedures, and indexing software exist in order to store your records and retrieve them. Your user base includes Public Works, other City staff, and the publiC at large. The purpose of implementing this new and costly software system is to enhance the service you currently provide to these users, and to the staff that provides them. Exhibit 1 SAGIS Document Imaging Project September 1, 2005 Redlands Software proposes to provide consulting services to assist you with the implementation of this important project. Approach Mr. Richard McFarland will provide consulting, design, development, implementation, and support services necessary to complete this project. We propose to use software engineering techniques and tasks as part of the implementation of your system. The techniques and tasks described in this statement of work are a guideline. Actual tasks will be under the direction of the City's project manager / team. We will first develop an inventory of your existing procedures and software, both from the Central Files perspective and user perspectives. The inventory will be documented with Data Flow diagrams and data models. The software inventory will focus on re- using existing indices. We envision that the existing software indices may be able to be transformed and imported into the new document imaging system index. Following the inventory, a technical requirements document will be written that defines the user requirements for the new system. Particular focus will be placed on requirements for accessing, viewing, and printing the documents. In addition, the requirements will outline technical requirements for indexing that allows access from the SAGIS Viewer to the Document Imaging System, and possibly from the Document Imaging System to the SAGIS Viewer. We will then document the requirements for scanning and indexing the records included in the scope of this project. For instance, if the existing index is used, it may require updates before it can be incorporated into the new system. Quality control procedures to ensure that spatial indexing requirements are accurately met will be defined. Requirements for updating or incorporating new GIS features to support the spatial interface will also be defined. Then, Central Files and GIS procedures will be defined to ensure that Document Imaging System is successfully maintained and updated as new records are incorporated into it. Requirements and data model documents will be illustrated with simple data flow diagrams and entitylrelationship diagrams that will be easy for non-technical staff and users to understand. These documents will be reviewed by appropriate City staff, and feedback will be collected. Once the overall requirements and data modeling are approved, software and procedures will be implemented. Software may include: . Quality control software to be used at scanning/index time to ensure indexing, especially spatially related indexing, is accurate. Some or all of this may include data processing and manual updates to the existing index to the degree that it can be reused in the new document imaging system database. . Software utilizing the Laserfiche WebLink objects to allow users to access the SAGIS Viewer from a Laserfiche WebLink session. The value, effort, and prioritization for this will be assessed during the requirements analysis. . Software utilizing the Laserfiche WebLink objects to allow users to access a WebLink session from the SAGIS Viewer. . Software/procedures to modify existing SAGIS data such as the various centerlines that may be required to integrate with the Document Imaging system. voice 949-631.7065 faCSImile 949-631-8128 Page 2 of 4 email rmcfar@redlands~sw.com www.redlands-sw.com SAGIS Document Imaging Project September 1. 2005 Tasks and Budget Estimate Task Hours Requirements gathenr-ig aIlCl!ysis. & meetin~Js 2 Vv'r-I!e requlren,ents daLJ model for 1r!la;JII)(~ syslf'rn ReculfCl'lents fOI Inlegl'dtion b(~t'vVeen GIS arid Ilil,;1CJlrlq SYStC~ll SAGIS viC"/,/f;I' dat'::'i model requirements 3 Devise, write requirements for scannlllq:II1dexIIlg quality control software 8 cmd procedures 70 35 4 Devise, Wille, Ce'lil"l Files procedules (wlIIl PWA Admin staff) 8 5 \IVrlte Scannlng-'lndex,n~J OUiJlily Control suft\V;_l'-c','orocecJLires ancJ'or Data processlIlg SW for updallnCj eXlstll'g I'dex 54 C Software utiliZJrlg the Laserficlle \''''!f~!;L :!ik objects to <::11101/0/ user'S to ::lCU:;ss 110 1I1fe SAGIS Vlfewer from;) Laserllche VVebLll1k seSSIOIl (11)(1) 7 Software utiliZing IIle Laserfrc:he 'iVr/lll_lnk obJects to allow users to aCCfeSS 110 a Web Link session from the SAGIS Viewer 8 Software/procedures to mor!lfy eXIstlnq SAGIS datil ,,;uch ilS tile vallous 110 center-lilies, which mClY be required :0 Inteqr;Jle WIIIl tile Documfel11 Imaging system (j Frrst few wfeeks oncJolllg support. bUlJ f,ws enh,mcernfents 80 Total 585 vOice 949-631-7065 facsimile 949-631.8128 Page 3 of 4 email rmcfar@redlands-sw.com www.redlands-sw.com SAGIS Document Imaging Project September 1, 2005 Additional notes and assumptions We assume that during the requirements gathering and compilation that Mr. Bruce Fruchter and/or other Laserfiche experienced staff or consultants will assist. The actual implementation of the requirements as far as the Laserfiche system itself will be implemented by Mr. Fruchter and/or other Laserfiche experienced staff or consultants. We assume that we will have access to Laserfiche technical support during the design and implementation of the software that actually implements the interface between the SAGIS Viewer and the Laserfiche WebLink software. If we determine a requirement to implement quality control software integrated with the Laserfiche thick client software that may be used during scanning/indexing and during post project implementation, we assume that we will have access to Laserfiche technical support. Summary Thank for the opportunity to offer this statement of work. I am prepared to modify workflows, procedures, and scope as required. Regards, ~Ai~;\'Mlf 0111 (- ~-0/ Richard G. McFarland President, Redlands Software, Inc. voice 949.631-7065 facsimile 949.631-8128 Page 4 of 4 email rmcfar@redlands-sw.com www.redlands-sw.com