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HomeMy WebLinkAboutIMAGEWARE 4 -1999 . , /}-.)OO' -~'t """ INSURANCE NOT REQUIRED/WAIVED WORK MAY PROCEED CLERK OF COUNCIL elf) THIS AGREEMENT, made and entered into this 1~.,j day of A ~ ,2000 by r Iv' and between Image W are Software Incorporated (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"). '-' CONSULTANT AGREEMENT DATE: /-;)1-01 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 provide system modifications to upgrade and improve the computerized image database system, CrimeWeb, currently in place within the Santa Ana Police Department. Such improvements shall allow up to 30 users to simultaneously search, retrieve and print images from the system. In addition, the Consultant shall provide maintenance and support for one year. The system modifications shall include at a minimum the following: Software Licenses: Costs excluding tax: 1 CrimeWeb Server cost not to exceed $ 5,000.00 5 CrimeWeb LFS (5 concurrent users pack) cost not to exceed $18,750.00 I CrimeWeb FFS (5 concurrent users pack) cost not to exceed $10,000.00 6 SQL Server (5 user pack) cost not to exceed $ 3,750.00 Services: InstallationIProject Management Maintenance and Support (year I) cost not to exceed $ 2,040.00 cost not to exceed $ 5,062.50 2. IWS SOFTWARE LICENSE a. Grant of License Consultant grants to City, subject to the terms of this Agreement, a nonexclusive and nontransferable license to use the CrimeWeb software listed in Paragraph 1 above ("IWS Software"). Software means computer programs in object code format only, (or, if an interpreted language, the source code itself but tQ be used on a runtime only basis), together with any manuals. b. Restrictions on Use City agrees to use the IWS Software only for its own business and may not sell or resell any of the IWS Software or any rights to use the IWS Software. c. Modifications: Reverse Engineering City agrees that only Consultant has the right to alter, enhance or otherwise modify the IWS Software. City agrees not to disassemble, decompile or reverse engineer the IWS Software or to allow another party to do so. d. Propertv Rights City acknowledges that Consultant retains all title to the IWS Software. City is neither the owner of the IWS Software nor any copies thereof, but is licensed (pursuant to this Agreement) to utilize the IWS Software for the purpose of utilizing a Booking & Suspect Identification System. Consultant acknowledges that the database contents (Records '" ....., 'wi and images) shall remain the property of City and that it shall not be release or transferred without City's project manager approval. City acknowledges that the database structure contains Consultant trade secrets and intellectual property rights and therefore shall remain the property of Consultant. The database structure may not be copied, modified or reproduced in whole or in part, for any purpose whatsoever. The database structure may not be reversed engineered, de- compiled, dissembled, or otherwise reverse engineered in whole or in part. 3. COMPENSATION a. The total sum to be expended under this Agreement, shall not exceed $45,000.00 during the term ofthis Agreement. Contractor agrees to provide City with a $10,500.00 credit towards the total due under the contract for the surrender of 21 software licenses. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed. Payment need not be made for work that fails to meet the standards of performance specified in the Acceptance Test Criteria, attached hereto as Exhibit A, which may reasonably be expected by City, subject to City accounting procedures. 4. TERM This Agreement shall commence on July 1, 2000 and terminate on June 30, 2001, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term 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 marmer 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 marmer 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless 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 2 n '-" ......, 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 harmless, 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 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 ofthe 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 of law; 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) 3 () '-' 'WI P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Chief of Police 60 Civic Center Plaza P.O. Box 1981 Santa Ana, California 92702 and, Denah H. Yoshiyama Assistant 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: Jeff Hotze, Controller ImageWare Software, Inc. 10883 Thommint San Diego, California 92127 telefacsimile (858) 673-1770 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 or extended except 4 " , ) '-' ....., 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, that 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 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 uoless 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 Acceptance Test Criteria, attached hereto as Exhibit A. 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 opportuoity 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 California. 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 5 o - '-' """ 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. 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 terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney'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: CITY OF SANTA ANA P A TRlCIA E. HEALY Clerk of the Council DAVIDN. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER Attorney 6 () '-" RECOMMENDED FOR APPROVAL: Q~~ Paul M. Walters Chief of Police ...,.I CONSULTANT 33-0224167 Employer Federal ill # 7 n '-' 'WI CrimeWeb AlP - Logging into CrimeWeb ~mim:i'l!1J:j)lMRi~ilimeITillmm~!imrnlW' ~ IffillltWRllilR.iWilW1JC Jlllllffiill1 _;tI!m~HY~ii~jlliWWll!ll:lliWlllilliiWfflmllm@ffm*~ _",L~ Test 1 - Logging Into CrimeWeb 1. Launch the Crime Web application and a splash screen will appear. Click on the words "CrimeWeb". The user Login screen displays prompting you to select a version of Crime Web and to enter your User Login and Password. ImageWare Systems, Inc. {fwriewdt p; Ii 'lI 2. Select the Access Type you wish to utilize. 3. Enter your user name, press the Tab key on your keyboard, then enter your password. Passwords are not case sensitive. 4. Click Submit to enter Crime Web. Test 1 is CompleteCheck One: Pass Notes: Fail () '-' ...., Searching ky;~tiUhlltmititD~?l{jIIIII)l!!111j1jIIWIIIWiJmW4MWJWIWH!$N)l1l!'\l:ill!&11l1i1:i$%)11w~illilgW"'- It m ~IKJmrt!ll11IW~II(Wjlli.Ilmruklli!l!lf!{lg;_t'J)lWliMlilliWllFmWl~,*,~I!.IWiW1\ljWi Test 2 . Booking Search 1. To perfonn a search enter or select the infonnation you wish to search for in the appropriate fields. Click the arrow to the right of any of the first five fields to select additional search options from the menu such as "Sounds like', "Starts with" or "Contains". --~ ..-~!1 -'--! -.-- -.-- ~l'OOorr1r:r=ii. --'--' ':1 ....r...r--liIr..;;...'b ....,.;....f1iI-- rlJ..,..Li1 _rr--iJ .....~l... 00"" . -~~."""rnr~ ..Iii 2. Click Submit. The Search Results screen displays showing all records matching the search criteria entered. ~1Ol~ ...,w,$~~1OH'~ ~~'i/2'4191l -- cri...._0tI0.~t9il ;~"ll"U!loc~f . _.....s<>'l~.l~~. NOTE: lfno matching records are found, edit the search criteria and click Submit again. n '-' 'wi 3. Click the scroll arrows to the right to view additional records. Test 2 is complete Check One: Pass Fail Notes: Test 3 - Person Search 1. From the Search Screen, click on the Search Button, choose the Person option and click Submit. The Persou Search Screeu appears. 2. Enter the information needed to locate the Person record. Click Submit. The Search Results screen displays all records matching the search criteria. Note: If no matching records are found, edit the search criteria and click Submit. 3. To view all the information for a specific record, click on the suspect name then click the Booking button. 4. To return to the Search Results screen, click the << Previous button. Test 3 is complete Check One: Pass Notes: Fail n "-" 'wII Test 4 - Printing Booking Images I. From the Booking Record screen click the Print Button. 2. A Windows print dialog box appears. 3. Verify your printer settings and click OK. The lineup is printed. Test 4 is complete Check One: Pass Notes: Fail MugBook Wiiii~;\i0iJi!iilb<llilllli;lnl!lliliHIki!AT{iITdlnHill02Will1llimgi!m;mliJWS4i:nW-~l1mlmjjjllllmml1mmmllUnl~Will&%niiWW11ltl$Wljj~llliJlnllllln!Jljj\iIIWmllIIWiWi~iiiil14fi1I0rtlil1'JMWJJm' Test 5 - Searching for Mugshots I. From the Search Screen, click the Search Button and choose the New Mugbook option. --.'1 ..'",~ ...~JI -_II ~~r----:.!J ........rr?Oh~ ~~.--, ":1 ..... . ""r...c::31 r..........ln .,-';:';~~r:iI"'Di ",.;Cr--iJ "",,;l~~ ~ t.~. 'w, _~h.r-CCIt>. -~I.rr:r~ - () ....... ""'" 2. On the search screen enter information into the physical description fields that best describe the suspect. 3. Click Submit. All mugshots matching the search criteria entered are displayed. NOTE: If no matching records are found, edit the search criteria and click Search again. 5. Click the Next Page button to view additional images. 6. To mark possible suspects, click on the image and drag it to the display row at the bottom ofthe page. Use the arrows to the right to increase the display row size. 7. To view details for a particular image, click on the "i" in the right hand comer of the image. 8. To view the full resolution image click on the "i" in the top left hand comer of the image. 9. To return to the Mugbook screen, click the <<Previous button. Test 5 is complete Check One: Pass Notes: Fail Test 6 - Locking/Unlocking a MugBook If the officer or user needs to leave the witness while they are viewing photos in the Mug Book, the officer can lock the screen temporarily so that the witness is unable to leave the Mug Book screen. The witness could n '-' ,.." continue to scroll through and select possible images, however thev would not be able to view detailed records and access official information. I. From the MugBook screen, click the icon shaped like a Lock. The Lock Mugbook dialog box displays at the bottom of the screen. 2. Enter a temporary password and then confirm the password. 3. Click OK and the screen locks. 4. To unlock the screen, click the Lock again. The Unlock Mugbook dialog box displays. 5. Enter the same password used to lock the screen and click OK. The screen is unlocked. NOTE: If you forget the password, the only way to leave the screen is to shut down the entire CCS application by clicking the IIiiI Close button in the upper right comer of the application window. Test 6 is complete Check One: Pass Fail Notes: Test 7 - Saving a MugBook 1. To save a Mugbook click the Save Button at the bottom of the Mugbook page. 2. Enter a Mugbook name and click OK. The Mugbook has been saved. Test 7 is complete Check One: Pass Fail () ~ ....,,/ Notes: Test 8 - Opening a Saved Mug Book 1.To open a saved Mugbook, from the Search Screen, click on the Search. Button and choose the Saved Mugbook option. . 2. Enter the Mugbook name and click Submit. The Mugbook will be opened. Test 8 is complete Check One: Pass Fail Notes: Photo Lineup Test 9 . Creating a New Photo Lineup 1. First find your suspect via the Search Screen. Highlight your suspect. () '-' '-' 2. Click on the Booking button at the bottom of the screen results screen to view the full record. 3. Click the Line up button and the search criteria box appears. q 4. Choose the desired search settings and click Search. The Search Results screcn displays showing all records matching the search criteria. 5. From the group of similar photos displayed, click on the image you want to include in the lineup and while continuing to hold down the mouse button, drag the image to one of the available boxes in the line up row. 6. Use the Prevo Page and Next Page buttons to scroll through the pages of possible candidates. NOTE: To replace an image in the lineup, drag a different image into the same box. 7. When you are done creating the lineup, click View to display only the Photo Lineup for the witness. Click Previous to return to the Lineup creation screen. () ...... wJ a_lIiII Test 9 is complete Check One: Pass Fail Notes: Test 10 - Saving a Photo Lineup 1. From the Photo Lineup screen, click the Save button. The Save Lineup dialog box displays. 2. Enter a distinct name for the click OK. The lineup is saved and you are returned to the Photo Lineup screen. " '/ '- '-' NOTE: The lineup is automatically assigned an ID number. Make a note of the number and/or name in order to open the lineup at a later time. Test 10 is complete Check One: Pass Notes: Fail Test 11 . Viewing an Existing Photo Lineup 1. To open a saved Lineup, from the Search Screen, click on the Search Button and choose the Saved Line up option and click Submit. 2. Enter the Line up ID or Name and click Submit. The Line up will be opened. n '-' '-till Test 11 is complete Check One: Pass Fail Notes: Test 12 - Printing a Photo Lineup NOTE: A lineup must first be saved in order to be printed. 4. From the Photo Lineup screen, click Print 5. A Windows print dialog box appears. 6. VerifY your printer settings and click OK. The lineup is printed. Test 12 is complete Check One: Pass Notes: Fall n ""' """ The Acceptance Test Plan is now complete. Please note any deficiencies in the Notes section provided after each test. If there are none, or the system test results meet your requirements, please sign below. The CrimeWeb Program has passed System Acceptance. Date of Acceptance: Signature of Customer Representative: Signature of ImageWare Representative: n REQUEST FOR'- COUNCIL ACTION """ CITY COUNCil MEETING DATE: CLERK OF COUNCil USE ONLY: DECEMBER 18, 2000 TITLE: APPROVED [J As Recommended [J As Amended [J Ordinance on 1 st Reading [J Ordinance on 2nd Reading [J Implementing Resolution [J Set Public Hearing For AMENDMENT TO THE IMAGEWARE SOFTWARE AUTOMATED MUG/PHOTO SYSTEM AGREEMENT ()~ CONTINUED TO ,vi v FILE NUMBER 1\ -..2OCV -.;w '-{ CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to execute an amendment to the agreement with ImageWare Software, Inc. to upgrade the hardware and software for the automated mug/photo system in the amount not to exceed $45,000. DISCUSSION In 1993, the Police Department purchased a computerized image database system from Imageware Software Inc., formally X-Image Corporation. This computerized image database system provides the department with the ability to capture high quality digital images of criminal suspects, court ordered registrants and arrestees being booked into the Santa Ana Jail facili ty. The system is also used to produce photographic line-ups, wanted flyers, ID cards and jail identification bracelets. The system currently consists of three workstations, two image capture stations and one investigative workstation. The Imageware Software Corporation has now developed a new component to their computerized image database system, "Crime-Web"; this component allows the image search and retrieval portion of the database software to be installed on all of the computers throughout the department. At any one time, 30 users can be simultaneously using the system to search, retrieve and print images. The Crime-Web component will also allow the database to be used by officers in the field via a wireless network. Page 31 n 25.CF~ '-' Image Software Contract Amendment December 1.8, 2000 Page 2 FISCAL IMPACT '-' Funds are available in the OCJP- Ca Law Enforcement Equipment Program Fund (account no. 155-349-6661). CL\.-~ Paul M. Walters Chief of Police Police Department 25.C. APPROVED AS TO FUNDS AND ACCOUNTS: /Z...//C c;./~ ~ r Rod R. Coloma ~) \'\ Executive Director Finance & Management Services Agency Page 32 () .. . ~.. Barney & Barney, LLC-CA Barney & Barney, Inc-CA P.O. Box 85638 San Diego, CA 92186-5638 (858) 457-3414 Mst#: 3646 CERTIFICATE OF INSURANCE ISSUE DATE (MMIOOIYV) PRA26090 No 99513[;02/26/03 . THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND L1.cOC03950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE LicOC24310 ~m:NOT AM~D. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE INSURED IMAGEWARE SYSTEMS I INC. I AL, SEE ATTACHED) 10883 THORNMINT ROAD SAN DIEGO CA 92127 : GENERAL LIABILITY .......-- ~..X_~<?~~MERClAl GENE~: ~\ABILlTY A:...___J..__ : CLAIMS MAOEi..X.J OCCUR. r------i OWNER'S & CONTRACTOR'S PROT. ~.._.-j_. ...------ : AUTOMoelLE L1ABU.1TY ; , .f ANYAUTO :" --"j ALL O'vYNEO AUTOS f-.----: : i SCHEDULED AUTOS !----'I A!-X~ HIRED AUTOS ~.>.U NON-QWNED AUTOS : ! GARAGE LIABILITY 1....m.'l i EXCESS UABIUTY ,'-"-"-\ ALJLl UMBRELLA FORM ! OTHER THAN UMBRELlA FORM si , ! WORKER'S COMPENSAnON ANO EMPLOYERS' LIABILITY ! OTHER PROFESSIONAL C! LIABILITY-ERRORS I & OMMISIONS 761-00-67-79 761-00-67-79 761-00-67-79 1689229-02 02S0L0211 DesCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I SPECIAL fTEMS ! f~~~~NY A COMPANIES AFFORDING COVERAGE ATLANTIC-ATLANTIC MUTUAL INSURANCE CO. STATE COMPENSATION INSURANCE.FUND (ET ~~NY B CARPENTER MOORE - LLOYDS OF LONDON fme7'Y c NO COVERAGE ON THIS DOCUMENT ! COMPANY D : LETTER NO COVERAGE ON THIS DOCUMENT COMPANY E jLCTTER ; 07/10/.02; \ COMBINED SfNGlE I.UMIT ; BODILY INJURY i (Per .person' .07 /10/0311 ~~L~':~;'" IPeraccident) ! j PROPERTY DAMAGE COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCC. BELOW HAVE 8EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDJTION OF AIoJY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERfAIN. 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. P,---".P.... .__.._u _.....~ ..--- -'-~-~---_. r-'--'_h"_~__'_____~'~n__.._..._.... . -'_'_' r"- -....-_....___.,.__ '-'r--""''''-~'-'--''-_'_' T'~"'-"'-""'-""'-'---'--- CO: TYPE OF INSURANCE i POLICY NUMBE"l ! POUCY EFFECTfVE i POLICY EXPIRATION: i ! DATE jMMIODM'",l; DATE jMMlDDIYY) 1 lDENERALAGGREQAT(; j $..*2., .0 00 ,00.0 ! PRODUCTS-COMPIOl' ADO. +$.*2,..0 00., .0.0.0 .07/10/021 07/1 .0/ 03!PE.RSON;:;'$ADv.INJ~":;-' +~EXCLUDED m i EACH OCCURRENCE i $ *1 ,0.0 0, 0.0.0 jF;~~.~'~:~.~'~~..r;reL_. j.~.~ 1/0.Q.0.,.0.0.0 ; MED. EXPENSE (Anyone person)' S * * * * ; 07/10/02! i EACH OCCURRENCE 07 /10/03!"",~~__ ; 1 07/14/.o2i i .. STATUTORY UMITS 07/14/03!EACHAC'''D5.NT , 1 DISEASE _ POlICY UMrT ,_ n.._.~___.. __ __....~u.. , i 07/10/02! ! DISEASE - EACH EMPLOVEE UMITS , 1$*1,000.00.0 .r,~.'*,,~ ,*,.'~:__ir.~:*__~.O 1$*********0 r....m....... .....w..__.. . I is********* 1$*2,000,000 H--_f!*2,.oQ.o,000 :$*1,000,000 1$*l,QQO,O.OO ;s* I $1,000,000 LIMIT 07/10/03: APE RE: INSTALLATION AND MAINTENANCE OF "CRIMES" HARDWARE CERTIFICATE HOLDER CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 ACOAD25-8 CANCEUATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLXX!ltll2JQllfli!!l{Jrn: MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1!IK2€l!!~ocmox~~~lUQJ{~J11K ~D{~~lQR1X~~J'MX1JJllli~~ - ~ITCH CACORD CORPORATION 191(1 THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT. . ..' .... ....,; Imageware Systems, Inc. Named Insured Imageware Systems, Inc. Imageware Software, Inc. (Inactive) Imaging Technology Corporation Xlmage Imageware Systems ID Group, Inc. Castleworks, LLC E-Focus West, LLC Imageware Digital Photography Systems, LLC IW Systems Canada Company G&A Imaging, Inc. (shell company only) Digital Imaging International GMBA (Germany) Digital Imaging Asia Pacific PTE Ltd. (Singapore) : '-' ...,; THIS ENDORS~.v'IENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The WHO IS AN INSURED section is amended to include as an insured any person or organization with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to your operations, "your work" or facilities owned or used by you. This provision does not apply: 1. Unless the written contract, agreement or permit has an effective date and has been issued prior to the "bodily injury", "property damage', "personal and advertising injury" or "personal injury" or "advertising injury" (whichever definitions are used in your policy); 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us end made -part of this Coverage Part; 4. To any lessor of equipment; a. Alter the equipment lease expires; or b. If the "bodily injury", "property damage', "personal and advertising injury' or "personal injury" or "advertising injury" (whichever definitions are used in your policy), arises out of the sole negligence of the lessor; 5. To any person or organization if the "bodily injury", 'property damage", 'personal and advertising injury" or 'personal injury" or "advertising injury" (whichever definitions are used in your policy), arises out of the rendering of or failure to render professional services by or for you; 6. To any: 8. Owners or other interests from whom land has been leased; or b. Managers or lessors of premises If: (1) The 'occurrence" takas place alter you cease to be a tanant in that premises; or (2) The 'bodily injury", 'property damage', "personal and advertising injury' or "personal injury" or "advertising injury" (whichever definitions are used in your policy), arisas out of structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased. AP TINE l.EE SHAW Deputy City Attorney VCG 21110 98 Includes copyrighted material 01 Insurance Services Office, Inc. @, Atlantic Mutual Insurance Company, 1998 PRODUCER Page 1 of 1 . . . . -- . "'wI The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any re- maining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the add~ tional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABIUTY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any lnjurl or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in con- nection with the claim or "suit"; (2) Authorize us to obtain records and othar information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our raquest, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this Insurance may also apply. d. No insured will, except at that insured's own cost, w1untarily make a payment, assume any obligation, or incur any expense, other than for first aid, witihout our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from i1Ni1;IcIiE SHAW b. To sue us on this Coverage Part unless all of its terms have been fully complied ~~ty City Attornay A person or organizetion mey sue us to recover on an agreed settiement or on a final judgment against an In- sured obtained after an actual trial; b~ we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settle- ment and release of iabllly signed by us, the Insured and the claimant or the claimanfs legal representative. 4. Other Insurance 11 other valid and collectible insurance Is available to the Insured for a loss we cover under Coverages A or B of thi ur obligations are limited as follows: a. Primary Insurance except when b. below applies. If this insurance is primary, our obligations are not aHected unless any of the other Insurance Is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work": (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; CGOO 01 07 98 Copyright, Insurance Services OffICe, Inc., 1997 COMMERCIAL GENERAL LIABILITY Page 9 of 14 ~ - (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1- Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary insurance avaUable to you covering liability for damages arising out of the premises or op- erations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other Insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance Is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1 ) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurence. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total appli- cable limits of insurance of all insurers. S. Premium Audit a, We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance pramlum Is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the eamed premium, we win return tha excess to the first Named Insured. c. The first Named Insured must keep racords of the Information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements In the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy In reliance upon your representations. 7. Separation Of Insureds Excepi with respect to tl;6 lJmits of insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insured; end b. Separately to each insured against whom claim is made or "suif' Is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. lf notice is mailed, proof of mailing will be sufficient proof of notice. . . COMMERCIAL GENERAL LIAalLlTY Page 10 of 14 Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 18 .