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HomeMy WebLinkAboutRON TURLEY ASSOCIATES 1 -2007'\~?! ~ i;ci~e,.~ A-2007-058 I!~Jr~i . ~ R ~^IC.i_ ~:XPIHES ,', `l~.~1~7 C' ~~ ~'~`~ LICENSE & SERVICE AGREEMENT C1C, nu'"~r2s~'~rw~,~ THIS LICENSE AND SERVICE AGREEMENT ("Agreement") is entered into this 19~' day of March, 2007, by and between RonTurley Associates, Inc. ("Licensor") and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Licensor has developed software and hardware to track fleet maintenance, including entering service work orders and monitoring the scheduled job completion in addition to tracking fuel consumption for each service vehicle, hereinafter referred to as "Fleet Management Application". B. City desires to utilize said Fleet Management Application to manage the City fleet, including, but not limited to police patrol vehicles, fire apparatus, street sweepers, sedans and lawn mowers. C. In undertaking the performance of this Agreement, Licensor represents that it is knowledgeable in its field and that any services performed by Licensor 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 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 Licensor hereby sells to City the Designated Equipment and grants to City, a non- exclusive license to use each Licensed Program on Designated Equipment, each as hereinafter defined, along with training, warranty and maintenance service and support for said Fleet Management Application, as set forth in Attachment A, attached hereto and incorporated by this reference. DEFINITIONS The following terms are defined for the purposes of this Agreement: a. "Final Acceptance" is the event in which the City accepts and approves as being complete Licensor claims solution, consisting collectively of the products and services identified including, software product licenses and service costs, software product enhancements and implementation understanding. City shall sign a notice indicating Final Acceptance when all of the following conditions are met: • Licensor delivers to City the software products and services identified (Attachments A and B) with quality that can be reasonably expected from a typical provider of Fleet Management type solutions; and • The entire system, as defined in Attachments A and B, is operational in production use with no significant issues for thirty (30) calendar days after Go Live; and • Software product behaves in a manner consistent with Licensor documentation and with representations made to City by Licensor during pre-sales process. b. "Derivative Program" shall be each program developed by the City for use with the Licensed Programs and which does not include any Licensed Program material in any identifiable form. "Designated Equipment" shall be the Tricoder set forth in Exhibit A, to this Agreement. d. "Go Live" is the event in which City begins to use the software product to track and manage data on a daily basis and no longer uses the current fleet system. Prior to Go Live, Licensor will provide City with a proposed test plan covering functional and other tests City and Licensor feel are required to Go Live. As a condition to Go Live, City will perform with acceptable results, functional and other appropriate tests based on Licensor's proposed test plan and City's criteria. e. "License" means the license herein granted to City to Use Licensed Programs. f "Licensed Program" shall be the object code version of each program listed in Exhibit A, incorporated in this Agreement, including basic and related materials pertinent to said program, and any update to said program hereinafter furnished to City by Licensor. g. "Use" means executing any Licensed Program on the Designated Equipment. 3. LICENSE The License granted under this Agreement authorizes City on anon-transferable and non- exclusive basis, to Use any Licensed Program only on the Designated Equipment. The Licensed Programs and all copies thereof are the property of the Licensor and title thereto remains with the Licensor. All applicable rights in patents, copyrights, trade-marks and trade secrets in the Licensed Programs are and will remain within Licensor. The City shall not sell, transfer, publish, disclose, display, disseminate or otherwise make available any Licensed Program or copies thereof to others. The City agrees to secure and protect each Licensed Program and any copy thereof, from use by Third Parties and agrees to take appropriate action through instruction with its employees who are permitted access to each Licensed Program or copies thereof, to satisfy its obligations under this Agreement. City may generate, develop and use Derivative Programs. Licensor has no right in Derivative Programs and neither party has any liability or obligation to the other in reference to Derivative Programs. City shall maintain records specifically identifying each Licensed Program and the associated Designated Equipment delivered under this Agreement and shall make such records available to Licensor during regular business hours upon reasonable notice for purposes of enforcement of the terms and conditions of this Agreement. City shall not disassemble, de-compile, translate, reverse engineer or create derivative works from the Licensed Programs. LICENSE TO REPRODUCE. City may reproduce and install the Licensed Programs on a development and test system for the purposes of testing (new versions and patches) training and serving as a backup system to the Designated Equipment. This LICENSE TO REPRODUCE may not be assigned, transferred, re-licensed or sub-licensed to any third party or used on any equipment not owned or leased by City for its own use. City may reproduce for its own use Licensed Program documentation provided by Licensor including reference manuals, training materials and installation instructions. COPIES. Except for the License to Reproduce referred to above, City is not entitled to make copies of the Licensed Programs in whole or in part in printed ormachine-readable form. However, the City may create and store copies of Licensed program for the sole purpose of operations backup, disaster preparedness, recovery, and other emergency related needs. The original and any copies of Licensed Programs, in whole or in part, which aze made by City shall be the property of Licensor. City agrees to reproduce and include the applicable copyright notice on any copies, in whole or in part, in any form, including partial copies and modifications to Licensed Programs. ESCROW. The City by signing this Agreement becomes a beneficiafy oft e sourc~ q~~ code for those Programs set forth in Exhibit A. Licensor agrees to notify6b"'~^'~~ ~n5 with~~ '`JPgcy whom Licensor has a Software Escrow Agreement, that City has become an eligible beneficiary -1 under this Agreement. PROTECTION OF LICENSED PROGRAM. City agrees not to provide or otherwise make available any Licensed Program, in any form, to any person other than City's employees or contractors without prior consent from Licensor, except during the period any such person is on City premises with City's permission for purposes specifically related to City's Use of the Licensed Program. 4. COMPENSATION a. City agrees to pay, and Licensor agrees to accept as total payment for its services, the rates and charges identified in Attachment B. The total sum to be expended under this Agreement shall not exceed $35,000.00 during the term of this Agreement. b. Payment by City shall be made within forty-five (45) days following Notice of Final Acceptance of 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. 5. TERM This Agreement shall commence on the date first written above. The License granted herein with regard to each Licensed Program shall remain in force until City permanently discontinues the use of the Licensed Program on the Designated Equipment or until Licensor terminates this Agreement, upon written notice to City, by reason of City's failure to comply with any of the terms and conditions of this Agreement If the City inadvertently fails to comply with any of the terms of this Agreement, the City will be granted thirty (30) days after notification from Licensor to comply with the terms of the Agreement prior to termination. 6. INDEPENDENT CONTRACTOR Licensor 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Licensor performs the services which are the subject matter of this Agreement; however, the services to be provided by Licensor shalt be provided in a manner consistent with all applicable standards and regulations governing such services. Licensor 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Licensor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Licensor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) 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 Licensor'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. Licensor 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Licensor, if Licensor 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, Licensor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Licensor pursuant to this section: (i) Licensor 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. e. If Licensor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish 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 Licensor's right to be paid for its time and materials expended prior to notification of termination. Licensor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Licensor 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 Licensor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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 Licensor 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. 9. CONFIDENTIALITY If Licensor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Licensor 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 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 Licensor disclosed in a publicly available source; (c) is in rightful possession of the Licensor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Licensor without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Licensor 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. 11. 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 SantaAna,CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5414 and 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 Licensor: Ron Turley Associates, Inc. 20823 N. 19rs Avenue, Suite 4 Phoenix, Arizona 85027 Telefacsimile (623) 582-1747 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Licensor, 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 Licensor. 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 Licensor 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. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Licensor, Licensor 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. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Licensor shall be entitled to receive and the City shall pay Licensor compensation for all services performed by Licensor prior to receipt of such notice of termination, subject to the following conditions: Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Licensor 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. Licensor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION -VENUE 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. 17. PROFESSIONAL LICENSES Licensor shall, throughout the term of this Agreement, maintain all necessayy 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. Licensor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. PATENT AND COPYRIGHT INDEMNIFICATION Licensor at its own expense shall defend any action brought against City to the extent that it is based in a claim that any Licensed Program used within the scope of the license hereunder infringes a patent or copyright, provided City notified Licensor promptly in writing of the action (and all prior claims relating to such action) after City becomes aware of the same, and Licensor has sole control of the defense and all negotiations for its settlement or compromise. In the event any Licensed Programs become, or in Licensor's opinion aze likely to become, the subject of a claim of infringement of a patent or copyright, Licensor may at its option either secure the City's right to continue using the Licensed Programs, replace or modify them to make them non-infringing, or if neither of the foregoing alternatives is reasonably available to Licensor, discontinue the Licensed Program upon three month's written notice, in which case Licensor shall refund to City all payments made in purchasing said License. Licensor shall have no liability for any claim of copyright or patent infringement based on: Use of other than a current unaltered release of the Licensed Program available from Licensor if such infringement would have been avoided by the use of a current unaltered release of the Licensed Program available from Licensor or; 2. Use or combination of the Licensed Program with modifications, improvements or other programs not supplied by Licensor or; Intentional tortuous act or negligence of City or; 4. Use by City of the Licensed Programs in an application or environment for which the Licensed Programs was not designed or contemplated. THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO INFRINGEMENT OF ANY COPYRIGHTS OR PATENTS BY THE LICENSED PROGRAMS OR ANY PARTS THEREOF. 19. WARRANTY Each Licensed Program will conform to LICENSOR'S current published Program Specifications when it is shipped to City EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, LICENSOR GRANTS NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, ON ANY LICENSED PROGRAM AND ITS PERFORMANCE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, AND THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF LICENSOR FOR DAMAGES OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF LICENSED PROGRAMS. Limitation of Liability. LICENSEE agrees that LICENSOR'S liability hereunder for damages including, but not limited to liability for any funds, mutual breach of this Agreement or patent and copyright infringement and regardless of the form of action, shall not exceed the charges paid by LICENSEE for the particular Licensed Program or related materials involved. LICENSEE further agrees that LICENSOR will not be liable for any lost profits, or for any claim or demand against the LICENSEE by any other party, except a claim for patent or copyright infringement as provided herein. 20. 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 yeaz first above written. ATTEST: ~. /~ ~. ~ , <LL~~ <~:. ~~ ~~~~ _/PATRICLa E HEP.LY Clerk of the Council APPROVED AS TO FORM: --' c _¢~~ '~ OSEPH W. LETCH City Attorney RECOMMENDED FOR APPROVAL: J~,F'RANCISCO GUTIERREZ `Q Executive Director Finance and Management Services CITY OF SANTA ANA a municipal corporation of the State of California DAVID N. RE City Manager RON TURLEY ASSOCIATES. INC. FROM :GRISFORD INSURRNCE RGENCY 04/18/200 07:36 6235821747 FRX N0. :682 242 6115 RTA EXIIIBIT B Rpr. 28 2007 11:25RM P2 PAGE 02 r~,DDITIONAL INSUI,~^D, ENDORSEMENT Fd~ COiVIMERCIAL GEN~ItA2. LIABILITY POLICY InstlranccCvmpany l?"'t1~~r7(5~{ ~~,15VfiofYlCf' ~~+I~'IlGla Tbis endorsement modifies such insurance as is afforded by the provisions of Policy # ~ ~(og~"~O$relating tO the following' 1. The City of Sartre Ana, 2U Civic 4enter Plaza, Santa Ana, California 9270 ] ; its of£zaers, employees, agents, valuntcera and represeptatives are named as additional insureds ("additional insureds") wills xngsv d to liability aztd de£cnsC o£ suits arising &am tlxp aperationq and uses performed by or on hc:lralf of the named insured. 2. With aspect to claims arising nut of the operations and uses performed by or on behalf of the Warned insured, such insurance as is afforded by this policy is pemary and is not additional to or contributing with any other insurance carried by ar fox the benefit pf the additional insureds. 3. Tliia insurance applies separately to each insured against whom claim is made or suit is brought except with respr..ct tv the: urxup.tcry's linrita of Iiability. Ttrn inclusion of any person or organization as an insured shall not affect any right which such person yr argnnization would have as a alaiuxant if nat ao included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or unatet3ally reduced in covesagc or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 2Q Civic Center Flares, Santa Ana, California 92701. (Completion of the followtng, including caturtarsignature, is regttired to make this endorsement ctl'Zsctive^.} Effective pr t ~ ~,t7 , ~` -l~ p7 _~ this endorsement form as a part of Policy # J3 ,Qg~( '~$ _ _ Zssuedto_...-~' i ~. o~___'~Gln~'ot ~/1~ .... LQ(1~+. Ur (?~ f>1<ec~a~~r,l a c Named Insured Coutatersigned hy~ ~ ~ o/ // Authorized prescn City of Santa Ana AttachmentA Fleet System lmplemenfation Scope of Services Scone Area Software Base Fleet Maintenance Software (Full System for 875 units) Modules Network Multi-User Electronic Fueling Interface (Full system, 875 units) Paperless Shop Utilities Package #1 Utilities Package #2 Image Viewer Barcoding Hardware Barcoding Tricoder (to be installed and fully operational with barcoding software prior to Acceptance* Services 1 Year of Technical Support from Acceptance* 1 Year of Software Updates from Acceptance* 1 Year Price lock Guarantee from Acceptance* 1 Year of Call-In /Hotline Service from Acceptance* System Configuration Planning and Set-Up (Pre-Conversion and Pre-Training) Data Conversion: a) Management- Vehicle and Equipment File (Access) Testingl RTA Technical/Installation staff: a) Insure Base and Module installation meets City standard installation requirements b) Barcoding meets expected scanning, database population, and extraction standards c) Full integration and functionality of Fuel Interface Training 1 Full System Training Certificate use before or after Acceptance*, good for 1 year Training Manual: Provide copy of all base and module software manuals 2 Base and Module Training Sessions (2 days each, minimum standard 8 hour workdays) Session Trainer(s) must have a minimum of 5 years of experience with RTA system Session 1: Finalize System Configuration /Train Core Users Session 2: Mechanics and Work Order Processing /Live Scenario Training *Acceptance is as defined by City within Agreement. tTesting is to City expected pertormance standard. Vendor will provide 7 laptops for training purposes per session. 2 s 3 w o_ ~ m ~ ~ ~ ~ .~. (D ~ (D y ~- N N o a ~ o ~ ~ Z K (=1 d ? d ~ ~ ~ C7 m X ~ N ' ~ ~ D ° ~ 3 m 3 ~ m a ^' O 0 n N to T O ~ m o _c _c ~ z -n -p C f/~ O O ~ N ~ . K -~ N (D . "6 -I ~ ~ ~ ~ ~ Z ~ N ~ ~ O_ (7 ~ N y ~ O N n ~ N N s N ~ (Q 7 C ~ ~ Cn C (D 7 ~ f/1 ~ O =". 7 N ^ j ~ N n W (D ~ (D N N 3 O ~ A N a N `< A c o ~ ~ o O ~ ~ n ~ P i N S N W (I1 ~ N d O Ui O V (Ji ~ (n A O O IQ O CO O Ul .P (D O O O O ~ (D O O O O CT (D CJi CIS O O ~ A W N .a S I M W 69 ~ W ~ O ~I V V V 3 O O p p p 7 '' (D ~ m 2 n ~ a ~ ~° N C7 ~ ~ m > w v D ~ m ~ (gyp O - ~ y .. ~- C1 ~ o > o o ~' ~ ~ _ ~ N ~ ~~ ~ W o a ~ ~ ~ c m ' ~ ~ ~ (O - ~ N •• v n a -.~ n C ~ m ~ W ~ m ~ ~ ~ m o ~ o W ~ o a m ~ ~ O a ~ ' n ~ fD ! N C'1.. '. 2 '. ~ r+ m ~ ~ d O ~ O > "' ~ N ~ Q ~ ~ (D - O d C A ~ ~ ~ _ ~ n m A O T1 1 ~ ~ .~i n y n ~Q .N. K ~ O ~ 3 ~ ~ N ~ ~ 'C <p N > > j „„ „„ N n .~ SO N ~ C CONSENT CALENDAR 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-079 -Recognizing $93,682 in the 2006-2007 FY revenue account for environmental review fee for the First and Fourth Street Study Area and appropriating $93,682 to the Planning and Building Agency 2006-2007 FY budget allocation in the account for contractual services for payment to EIP Associates 25.B. AGMT NO. 2007-058 - FLEET MANAGEMENT SOFTWARE AND SUPPORT SERVICES -With Ron Turley Associates, Inc., in the o exceed $35,000 -Finance & Management Services Agency 25.C. AGMT NO. 2007-059 -RAPID RESPONSE RETENTION PROJECT - Execute an amendment with O'Reilly and Associates to increase the contract amount by $54,000 for an amount not to exceed $104,000 - Community Development Agency 25.D. AGMT NO. 2007-060 - FY 2007 STATE SOUTHERN REGION GOLDEN GUARDIAN FULL-SCALE EXERCISE -Execute an amendment with URS/EG&G in an additional amount of $300,000, for a total aggregate amount not to exceed $1,050,000 -Police Department Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.E. AGMT NO. 2007-061 -DATA CENTER MAINTENANCE & SUPPORT SERVICES -With Systems Maintenance Services (SMS) for athree-year period with an option for two one-year renewals in an amount not to exceed $150,000 per year- Finance & Management Services 25.F. AGMT NO. 2007-062 -PROGRAM MANAGEMENT SERVICES CITY HAl1 PARKING GARAGE - Execute a fourth amendment with Gordon & Williams, Inc. in the amount of $1.1 million for a total contract in the amount of $9.36 million -Public Works Agency Continued from the March 5, 2007 City Council Meeting by a vote of 7-0 COUNCiI. MINUTES 111 MARCH 19, 20D7 CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Mayor Pro Tem Alvarez pulled Item 25.D. and 31.A. for separate discussion • Mayor Pro Tem Alvarez and Councilmember Tinajero voted "no" on Item 11.A. • Councilmember Sarmiento pulled Item 25.F. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. - 10.B.) 10.A. REGULAR MEETING MINUTES OF MARCH 5, 2007 10.B. ADJOURNED REGULAR MEETING OF MARCH 5, 2007 ORDINANCES/SECOND READING 11.A. AMENDMENT TO EPIC COMMISSION ORDINANCE TO PERMIT OFFICERS OF PUBLIC AGENCIES Placed on first reading at the March 5, 2007 City Council meeting and approved by a vote of 5-2 (Alvarez, Tinajero, noes) Published in the Orange County Reporter on March 9, 2007 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2738 - An ordinance of the City Council of the City of Santa Ana amending Section 2-551 related to the Santa Ana Early Prevention and Intervention Commission. CITY COUNCIL MINUTES 107 MARCH 19, 2007 "'ROM : GA I SF'DRD 1 NSURANCE AGENCY FAX ND. : 502 242 6115 Mar. 282007 01:54PM P2 A CQJY)~ CERTIFICATE OF LIABILITY INSURANCE llAn:!""oM'YYY) 03/28/2007 PROOUCER (502) 242-61Se TIoIIS CI!RTII'IGATE 15 ISSUED AI A MATTER OF INE!!~l1IAJJ\!!I all Tl'mRD tNSmlANCJl AGENCY A, ?.o01 ,o5~ OflLY ANI) CQllFIM NO RIGHTS UPON THE CEItTIFICAT1! "O~~.eR. THIS CERTIFICATli DOIiS !COT \~';l;1".,IXTal1l OR ~l;l32 N. 24!rM DaNE f3 AI. T It "HI; c:& ....."010.""" EtY THE Q S IlEl.OW. f'liO!llfZlt A'l. 85015- .1N1lUliIERA A~FORDIN(l CO\IEIlAGli NA1(la .. l'f6U..m '''UREA,,~SDn''!I!A'f:tON INl:! co RON 'l:~1' M"OCIll.TI!.8, INC '.IU..... '1iI]"1.AIlELPHIA ntS 20823 N UTH AVI!; h 1N!U1l~IIlt':.~)\ tH6""'......... I IpHX ~ 85027- , ""'"""'<' I COII....G~ "..~ POl.IOIES OF INSURJ\l;CE lIBTED DELew HAile nEEN ISSlJE~ T" THE INSURED NMriO.AllOIIE FOR lli~ PO,IOv pft.IOO INOlOAT;:O. NOTWITH8TANDINO ANY RIiQVI~I1M!;IjT. Tl!R" OR CDNOITIO" OF I\NY OON"llACT O~ OTIOa" OClCUMI!NT WITll "~PECTTO WinCH THIS C~RTIFlCATE 1.\1I1" S" f5sUIO OR MAY 'OR1A1N, T'~t! ~:?lJ/'CNIIGE IV"l"'OftPCD py ",r: ,..OL.lQI,"51 OI!Sl"':R!n~;IiO I1ERE1N JS SU6J~CT TO AI.1. Tl-li Tl!ftMS, ~CU.J.510tl3 fiND GONOmOf'.l$ OF SUCtI POllCIES ~llR ~TE "MITS SMOWN M~V HAV1! DEE. RE~UGro BY PAID CLAIM!!. ~ 1t~~; T"tfI't oF' I"SURANCE po\'l(lY "IJ~'" ~~ GllV ''&k!,fl M 0 "I\OH UMlT' A \-2-_..,....-,.... ""000"."'" O~/06/200& 06/06/200' ~ACl-1 eecU~RfNC.E . 1 000,000 X ~O'MM/!~r-rlAl GENfRJ\llIMIUN ~'$gr\ :e...~l , 300,000 ~ ~ CtJ.lM~ l.Wli [[] Or-.CUFI / / / / IlEIlEXl"""'."'"""'"' , ~g,OOo ~ ....n...' . ADII';;;;-I<)" . 1,000,000 -~. I / / 1 BiNfAAllLGl"lRCtaAo-r-;C . 2,000,000 'illAOO~n,l.fm'rli~ rM. rM~"~" CO"PIO",OO . 2,000,000 X I'U'-' ~ ~OC I I I I A ~lOMOBllE ""KIT\' a~090658Po' 06/06/200. 06/06/200' COtolBIHEig IilrtQL.fr:l.W1l'1' ....~'( AUTO l~","llUIm'rll . 1,000,000 - I I - Pll.I,~mlt'UT09 / J / 1 Sot,ltL.Y II'UJRY I I SCHEJ)Ul'[) AUTOS I (flq"lNinll:!n) . X HIRED AYt~ I J / / ROOII.I/ JNJURV -= .!. N~~!JH!:D AU1'OS (PllrOtd~t) , - - ~ / 1 I 1 PROPEftT'f gMM~; "41I@1St1'lt\ . ::r:.. Ua",UTV 1\t11O OM'. aUOC'",.T , /'Nf'AUTn / I I / "TH!-RTK6.N l!AACC , NJrOOML.~ AUW ~ C ~PnuL1AElJLITv' D20~55Pl~29 10/13/:.IOQ6 06{06!2007 -...CIol......~IIRnBlCl . 3,000,000 , ~ ncGUR 0 C'_"'lr.'I~ MA/'.lE! AGGR~GATf . 3,000 000 . ~ :€!DUCTIBLi I I I / , X IlnE:NTfON '~O"QOD ~11'tJI;-' WOIUlfftS GOfl'I'UNMmN AWfi I / / / IMri.QYlJlII UAIiIIUTV --~. ,u,y P~I=lJ~~PAP11lU=AiIiXfr.LJTIVE Ii! l 'E1\01 N:I"'ICI'N'T . OFACf.MJIliMIlHiill f.)tf,lUDE.O'l' / I I / tI,.. ....O~~ .a.0.4"Le'Yt.~ l ~t.."!'~""".;~."" E.l. OlaEA$Ii . 'CUCY ue.tT " I ClAL OVlSIO [)II.' a oYJ.fQl. mon;:i::r~:fI.T. T;IU :oM:~13,U" 06/0312006 06/03/200' EMilI OOCUltM'ct t.\m 1,000,000 / I / / """"""".. 1,000,000 I / , / DGICRtPTlDN 01" OP'!:M.TJUNl$ll.Ul.Olo Ug/i:tIVl,'!HlCl...ENU.6LIJGlOffe: loUD" "' EWClOjMJ!.~__!:w'~:! ':mil e!1fY 01' WlmA AlA I'l" S OttIGIl:aS, Jl:Mn.OIP! r ACAWl'g JUm RI'tUI.iIlir.lA'l'IV:IIIO NUC Nm4IItI M ~r!l!IomJ. Dlh.'IUJ. ..,,,,,.,...,...., """'UD ..",cmsl<lolEllT rollM ~Hq!-,~ A~ACIlIll I. --- CE:RtIFICATE HOLDa!. 1I--r:"NC;E"~""'''''' ~ ) ( I' - ( ..~ . ~I.D NH 0' TM& A.OVf; DtsclIlI!!D ll'or..lGIl!!e BE GAftGi\.~!~ pFOn T1i1! I exPIRATION DA1t! lHe"~.., 1115 d'UlH4 INSUMIt WILl. _ Ii .... MAIl., d_'(' I "-Ji.y ,\tl< r .' ., 30 DAV8 WRITTEN ~Q1\Cl: TO M ~l1F1CATI! "'QlD~ rtAMIS TI;I TttI LEFT, I!~T CU'l Oll' SANTA """ - €<<~"" 4." A'B'., tII- 1;.,,,. ~_{"WO.~.... .. _,~. ~Noor... I. Q U ,..... ..... 1\ ,II., -...._l'"u,.Jin; A~!I!lI: PIJIlCIlASXNG I:>EP:r. :lO CIVIC cz~nR PLAZA A.U'~"Iif'P.IIKNT"""Vl / ;;'1.. \ J SANTA ANA CA 927Ul-4010 - ~ ../.. . I ACORD 2ft (10011081 ~UC;THONn: l.MiAA PfJ4NC . t '" ORe CORPORATION 19ft;. . .. 0< ""~IiA!, ",6t!1)1el;, ",,' "'8026(01 \ o0oi lO 3El\1d \1.LCJ L1>LIWSEZ9 8,:ZI LOOl/9ZIEO FROM :GRrSFO'<D INSURFNCE RGENCY FRX NO. :6~2 242 G115 Mar. ~e ~OO7 !ll;S4PM P:3 IMPORTANT If 1I1e cerllftoate holder Is an ADDfTlONAL INSUReO. the poliOY(;esl mUlt be endor.ed. A stB18n1ent an thil ...,lifl.:a'" d068 not confor right. to ths c..mflc.la !>clder In Ueu of ouch I'I"O",."",,,,,t(o). ~ SUBROGATION IS WAIVED. sUbject 10 th8 Iem1S ana ""ndlllon. <>f the p"Uo.)', O4oll.lln polid.. may 'equlte en endorsement. A swlement on "'Is eerllfieat. ll<les not canl.., ,Illhte to the ccrtifl...te holde, in lisu 01 5uoll endolSemenl(s) . DISCLAIMeR The Certificate of InsuI'Bnce on /he ntYeflle aide of \hI. fo.m <Ioe. not _.lItute a contract IJe\w8sn tile Iuulng iIllO"I(I), SUlllortzed raple811fllBlluB 01 """Uu~.r. an. th.. ClOrtiflC1O\e holde" "0' doe. it .f/Ifl>totivo/y or l'l.l!QAliv,"" am8od, extend or alte, the GOVlffage affOrdea by 1/11 p<>lici..lis!ed thel8Oll. ';'.J_l fhP ~ !~ --- , ,.y ,\td ,: .l'> ACDIUl2& 12001106) 1b....IIlIBll2.IilO1Or.l.110 Il'cp:ld2 EG 3~\ld \11" L tLr2;Sge2;9 Sg:2;r LBBG!92;/eB FROM : GA I SFORO I NSLJI'lANCE RGENCY SB146932A Ot06 FRX NO. :502 242 511~ 11ar. :ee ~!l7 1')1: 54PM 1'4 P\1ge I of 3 B ........., ..J THIS ENDORSEMENT CHANOl:S THE POLICY. PLJ::ASE READ IT CAREFUL-LY. NON-CONTRACTORS BLANKET ADDITIONAL INSURED Till. QnnnrsQm~nl modlflas Insurane. provided under the followinp, ElUSINiSSOWNERS L1ABllI1Y COVERAGE FORM Cov..muo "fforded under mis 8xlenslon 01 coverage 8nc:!or.Iln'Hintl does not <lPPIy 10 any p4!",on 01 organizAtion oovel'lld sa en addillonallnsunad em any other Bnc!arsement now or herealler attllGhed to this Coverage Pert. "':' I I ii ~. flj 1. ADDITIONAI.1I'!5Uftl!D -I5LAN~ Vl!!NDOll3 WHO IS AN INSURED is amended to inolude "" an alllllllonalln5ured any person or organiu.llon (re/erl9d It;! below as vendClII with whom you agrlJ9ll, b\ll;\i\~" of ::II writlan contract or agreement to provide insulMGll. bUt oniy with respect 10 'bodily injury" or 'prop$r\y damage" IIrlllng OUI Of "your prooucl5" w/li<:1l /lfe clistrlbullld or sold in the reguillr ooume of the! vef1do~s Dueilless. eubjtol to the fonowi~g add~ionaJ exclusions; ,. The inaulI,"o9 afforded the vendor dollS not apply tc: a. '8Qoily Injury" or "property damagQ" fOr Which the vendor Is obligated to pay damagea 'rN rOlllon ~! me assumptiatl Of liability In tl ~'Qfllri/lJ! or ilgr....m.nt. T"I~ cxollMllon doOG not apply to IiQbility for damages \tiat the vendor \VQuld have in the eDOenef of \tie contract or lIQreamant; b. Any IiXPleiB6 warranty unauthorized by you; a. Any physical or chemlcai chllngs in the product made Intentionally by the vandor. d. Ropaokaglng. eXQ9pt when unpaeked SOlely fOI the purpase Of inspectien. demonetrllllon, teali'lg, or mil sub3fltutlon of p;I~ ynQilt in..lruction, wm th. "'IInU'Qclyrcr. ond then r.packaged in the original cont31ner, e. Any failure to make such in:weotian8, adluermenlll. tests or serviCIng aslt1e vendor has agreed to make or normally undiHta\uls 10 make 1n the usual oourse 01 ~U'lneS8. In collnection wilIllhe dfetributiM or sale 01 !!'Ill products; r. Oomonglr<llion, InllallOllon, servicing or rllp~ir operations. exceDt Buch operations pelf~rmed at the vender'. pl'$misttl in connllotion with the sal. of the product; g. Produals whi~h, alter dlel1'lbuflon or sale by you, have bem iabeled or relabelad or used as a c:omaln.r. p,tuL Ln in....li'tJitiJl..~ 10)' any other thil"'lfl or 8lJbatW1CJ1 by or for th. ....ndor. Of II. 'BOdilY InJury' or 'property damage" arising aut oItn8 eole negligenw of 11'1. vendor for illI own acts or oml5slon or those of its employees or anYOflll aiD acting on its behalf. However, tllls e~oluslon does not applY la: (1) The exceptions contained in Subparagrephs d. or t.j ot (2) Such in5jl<lCtio".. adjuslmenl.1, le~~ or ....rvlclng ae the Y\Indor hU ag/'lllld 10 mal<<l or normally undermltes 10 make in the usual course 01 buslne;s, in connectiOn with lt1e distribution or "III.. ,,1 in6 produe1S. ~. This inlurance do\!~ nol apply 10 any insured person or organlZilllon. lrom whoTII y~u I...... ..cqulred suoh produo!s, or any Ingr&d;.nt, part ()f COIlIalner, entering into. accompanying or oonlalnlng such products. 3. This provision Z. does not spply 10 any 'MI1dOr Inc!l,l(Ied as an ihllured by an endor."ment Issued Ily us and maclll a ilaft of this Coverage Palt. 4. I nls provision 2. doss nOl applY II "bodily injury' or 'proll<lrly dgm..s'" il'lOJudod within th.. .proollr.lo:- cOmple\ed operations Mzard' is excluded e1ttler by lhe provision a of the Coverage Pari Qr by endorsement. 3. MI8Cliil.l.AltEOUB AODITIONAL INSUREDS WHO IS AN INSURED Is am"nded to include 1lII en Insured any person or argalllt81lon (oollsd additlonal insured) Qe8Qril>o>d ;~ ,,~rAgtepl'lA ].e. 'nrough 3.11. below whom you are required to add as an additloMlI r,'" , http,il64. 4.51.25 O/cgi-binllletmsgi~N A BJlIIlkatAIForm.llUn? &m~g-S'n8F 1 C5 .6A3P-44 3... 3/28120Q7 I'G 39\td \tIC! LpL~G89EG9 8S:GI LGGe/90/EB FRCl'1 :GRJ~ORD INSUR~NCI; ~GENCY SI3146932A 0106 ....~. ~ FAX NO. :602 242 6115 Mar. 2e 20'1"/ 01: S5PM PS r..g~ 2 on il1~vl'lld on tnls policy under a written contract Dr agreement but tlte wrlllen COntr80l or agreement muel be: 1. Currently in effect or becoming e/fQctlva dVrina me lerm of this policy: and 2. ExeCl.lled prior to the ;;bodily injury,' 'properly damage" or "pel'llOMl and adwrtislng 1njlJly,' but Only the lollowlng persons or organizations are tlilClitionllllnsvreds under this ~ndolWmenl and ollVllrage providell 10 suen acltlnlonlllInsurell\l10 limited all pruvillttll \lI,,,.h II. Addltlonallnaured - Your Work That pereon or organi..~tkm for whom you do work is an addltlon~llnRurtd solelY for liability due to your n"glill"nC8 specifically resulting lrom your work lor the additional InslJrl\d Wl'\jC~ Is ttw SUbJeot <lllhe written eontrae:! or wMtll/l all_mum. No coverage applios Ie lIabilay ,",su[llng (mm lho aolQ n9gl!ggn"..of the "ddition~1 inllvnld. The insuranco prov(~ed 16 tho aClCllfonal InsullIe Is limillld aalollows: (1) The Limite Qf InllU,.no8 applic:abl& to Ihe additional i/tlll/red ar& those specifiellln the writlen eol\ltQct or written egreement or in Il1e Oeclara<<ons of lh~ POlicy, whiChever [s less. 11198B Limits ot Insurance are inclusive of, and not in addition to. the Units ollnsurancII shown in t~Q Declarations. (2) The ooverllgo prellidele 10 1110 addlllonaln5urlld by IhiS endorsement and paragrarm f!.&. of the definition 01 ";nsured contract" under Li6bmly and Medical Expert'B' Oeflllltl_ do Mt apply 10 'bodily Injufll' Dr '\'lropOr1y damage" .nttrlg ovt of '''9 "p"'duot'l""''''1'II!rlAl! OIJOlflitions hazard" unlesJ required by the wrlltM contract or wl1tten IIlIreem.m. (3) ihe insurance provided to the addillonallneured d098 not apply to 'boClIIY Injury,' 'property aamag8,' or "p&lSonlllenlj illlverlltlng Injury" arising oul ot lhe rllfllJenflY "r (.lIvre to ronder any prolenionei serviees. b. S1m or POiJlieal SulJdlVlslons A slate or polltlclll aUiXlllllalon subject to the following provisions: (1) ,nls insurance applies only with respect to the following h8Zllrd8 for whi9h the sllllEl or political subdiVllarurl tlWj hilioUVll 4 permit In connection with promisee you own, rent, or cQnll"Ol and 10 whlet1lt1le ini\lrllnOll spplills: It) The $lciSlilI'lOll, mlllntenance, lIlpalr, construction, erection, or removal of adveriising signs. aWl'lingll, CAnopies, cellar entranCes, coal holes, driveways, mannolell, marquees. lIDistaway openings, sidewalk ...aults. street bann&T\l, or dfccr.atl<lM and similar el<p{lllyrH: or (11) The constnJation. erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by yov Dr 0" your behalf fl)r wnlct11he !lISle or po"Ucal auuuiviuiun II"" iSllu"d a pelmit This Ina<Jrllnce doss not apply Ie "bodily Injury,' .property dllmllge' or .p&rsonsl and lldverti3ing injury" arising out otl)PClrations perform~ IQr 1M $lale or municipality. G. COlitrolling Interel' Any pllrSOn~ or organIZations with a controlling Interest in yOU but only wilt1 r\ilSpeot to their liability arising Qut ot. (') Their financial control of YQU; Qr (2) Preml3n they own, mail'll"in or control While you lease or occupy these premises. rnlB Insurance drms not applY to structUral alterations, naw Gonstruatlon ~ del1'lolffil)t'I operations pel'lormM by or for euen lICCllllcnal insureQ, d, MlIlllagera or LeSION or Pt''''''I8IlB A m"""ger or lessor Of premi.... but only Wnh re&pQot '0 liability arising out of tho ownerahip, mRint..nan"" or use 01 that specific P&I'I Qf the premises leltllQd to you and subJect to the lollowing additional exulus;ona: This Insurance deBi not ap~IY to: (1) Any "oOGurreJ1Ct" Whicn takes place after you cease 10 be a I.."am in th"t premi>les; or (2) Structural altaratlona, IltW construction or demQIUion operations performed by or en behalf of i"\' mh Ark1n1onal iM:aUfBd. e. MDrlgll!l"'" A..fllnllll Dr R_'...., A mOr1gage". Ii\...ig~ae or r~a!Ver but Qnly wltll reep<acl 10 their Jiabill1)l as mortgagBB, assignee, nUp:/ 1b4.4.~ 1.25 O/'gi -blnfllet:m$WCNABllmketA Jl"mW.l,(m 7&." "g-5 7D 8T' 1 C5-6A3 F -44 3 H' 3128/2007 90 3911d Ill" LPLri:89Ei:9 Bg:G' L00G/9o/EO FROM :uRISFORD INSURRNCE RGENCY SBJ46932A 0[06 FRX NO. :602 242 6115 Mar. 28 2007 01;55PM P6 page 3 of3 or rscelver and arising cui ollhe own..ruhip, mBirrtenarn::e. or use 0' a pl"Ilmillll$ by you. This insuranoe d<>&o nolllllply \0 1Ilfuelural alt"rlltion~. new O<:lMtructiOM or ll9mcllUon operations perfomlQd by or for such additional inllurGd. f. Owne1'llOIfll!f' Intereota - Land Ie I..."!! An owner or other inlllrvst from WhOm land nas been I....oed by you !lilt OnlY wilh "'.p"'" 10 lIabilllY arising out 01 the ownershIp, maintenancll or use 01 that splKlffic pari Qf the illnd IEll1Sed to you IiI1d $ugi~ 10 ,h.. folloWIng addnlonaJ exclusions: This i~uranoe dOllS nol apply to: (1) AnY "oCllulTencu" which lakes plaCe after you C\l~gll to IIil00G" ll'la! /.llnIl; or (2) SlrucllJral alteralllll1s, ne'll COn91",Cl1oll UI dQmai ilIan operElllono porforrmrd by or "" }>,Anslf 01 ~lIcn addnlOlllll Insur8d. D. C".OWft'" of Inaured Pn!mlses A CO-owner 01 .. pl1lrniseA co-cwnall by you and covered under thl6 InsuIBl'IcG bUl onlY Wlm rospeot to the co-owners liability iII~ oo-owner ()f ,ucl'l pl'4lmlses. h. LeSSor 01 EqulpmDn\ Any person or organization fl'!lm whom you leaae equipment. S u<;h pt'Jl'8On or orllllllizal\on arQ insureds only Wllh resD9Qt to their lillllility arising 1IU1 of the mllIAlanlne<!. operatilli'l or use Oy YO\I of equipment IElasetlto you I)y such plf80ll or ol'9llniUlIOIl. A parllt1T1'~ Of ~an'zation's stetua os an Insured under 1l1i11 endoreemenl ends when their written contraol or !lg/ll$mtnt wl\ll YOu for Queil'"a...rl ...,,,Ipment ..nd3. WItI1 !'Gapeel tCl the insurance aff"rded these additional Insureds. the IoNowlng addniOMI al(olusions apply; This insurance does nllt apflly; (1) To any "oocurrence' which ta~ ~Iaee a1tertM 9<julprnenlli3e. expires: or (2) Tg 'bodily injury," "property d.l"\aG~' or "pllf80nal and advertising injury' ariSing Dull)! !Il. sole negligence 01 such addiliOMI insur&d. N'ri InslIrance provided to an additional iMurad designl1t&d unller paragraphs s. throllgh h. above d093 nol apply to 'b,"""y '"iury' or 'prnp9rty dwntlye" InGlwded w1t11in \llo 'produot...comp/eled nIMrRtinns hazard." ~~..,) , ~~. 5I~ -iJr . ,",'. h1tp:!l64. 4 .51 .25 O/.gi. blnlgetm5glCNA 61anketAIl' onn.l1tm .?&m"g~S 7081' 1 CS-6 AJF .441 h. 312& 12007 99 3!J\ld \tiel L PLIG8SEG9 8S 'GO LOOi:/9i':/EO FR~,..:.GAISF'CRD INSURANCE AGE:NCY FAX NO. :602 242 6115. Mar. 22 ~7 H\:26Pt1 .., ~'IlW~"I\.~~"I~~SIJ~ IT"'~"r--~" . ,.., F; . n<u!CY IItlIIlIBR ,( :mS fm JUIID II ,'" :<:::; " ;;" B 209,0658905 I\oll Turley Associate., !n"CI. " " 4lJll.J .N nth Ave U PHOENIX. AZ S5027 1'IloPlIan ~1iI ~o following deduooible .pp~i.s Uftl.sa a separate d.uuaeible i. shown on the S~.dule of Loaatidns and Coverage. Deductible. $500 Duain~oo Ingomo ~n~ mxtra 2xp.nce Coveraa~ Bu.iness Income and Extra Expense 12 Nonth Loao Susta~od 1iu.1,Jl.C/lBfl In.r.o.l')ml!l lfu'H"l ~tT'" ~xtleneQ ... nopgndent. lJ:r:ops'%'ties $10.000 $25.000 $25.000 $25.000 linin or:rirS1Jll.Allell ~~l~yee" Oishonesty Forgery and Alteration Interruption of Comp~ter Oper~tians :loWl:l:t.UT eOV'ilRAtm Each Ooe~rr.nce Limit Medie~l Sxpens. Limit Personal and ^dv.rtisin~ Inju~ $1,000,000 $10,000 $1,000,000 ~oduets/complQted OperatiQn~ Auur~uate aene:t'~l Al1grl>gaee Damag@ To Premises Rented ~Q You .~.QOO.Ooo $2,000,000 $300,000 " ~ INSUltED Rage 2 of G E0 39\1d \11~ LVL"[Z8SEZ9 8E:L0 L00Z/0Z/E0 -- ... -- FRDM :I3AISFDRD INSURANCE I'lGEt-.Cy FFlX NO. ;602 242 6115 .R-.,.'''..''''''''''''''''..."....''''''~jD'..iiiWi.''~..lll%illlSS . 58905 11,.,'. '1'I<rlay Associates., :r"", ~OA~, N 19th Ave *4 PHOENIX, AZ 850.27 f,llCl.'J!:J:QJ/ 1 ",n::r.tl1lllCl Mar. ;>? ;OM? 10' ~SAM p~ r-- ". IICIIIIll17LIl '0' r.ocA'r3:01l'll ~ ~ 1 ~oa23 N 19th Ave t4 ~ho~ni~, A7. BS027 con.truatio~,Joisted Masonry Class description: COMputer ~~ogr~1ng services. on Sit. OX Insu.e~ .. . In f is Hon ~ua:r:d 3t l!lloPBJln 'COVEQ.ll'll ;unlI'l.' or m~ Accounts Receivalole $~5. ono Busin.ss Personal Property $70,000 Electronio Data Processing $50,000 S;u1I""ont B".o..kclown Fil'l<l Arh e25,OM Ordinanoe or La", $25,000 Sallaon.!!l !rtcreaee : 25'0 Vllluable Papers & Reoords $25,000 .. Ii = - II - &li - Ie = ...... -- P0 39\;,d ,.t'l. ~ , .. Z/lS{]1lW ~ag-4 :1 ot 6 \;,1<J LPLl~8gE~9 8E:LB LBBZ/BZ/E0 - .. ~M :GAISFORD INSURANCE RGS,CY FRX NO. ;602 242 6115 _i' "', '''to l' '._ _,. " ....i ~ "..",~., ,-" it ""#r, MaT'. 22 21111117 1Pl:::>hJ'M PS ,.,,' '. "..,.-1 (0Ill2004) '.1' '::", ,,': " ...j\t ,;. .... . t."..~, ,,- ,.. "'",.....:;.,?,; . ..' .b1~lIiphia Insur~n.ce Companies . ' e BillliW, Suite 100, Bala Cynwyd, P=msylvania 19004 ':iifj\'01M17.~BOO Fox: 01Q;S17.7BMl. SIO,NAI.j..!ASIL.fTY FOR SPECIFIED PROFESSIONS fndAmnlfy 1"8Utd"Ce COMpany o PhlladGlphl41naul'lInce COlllpany DECLA~'TlON~ . '..,1 . PoUcy NumbeH PHS01S9046 . : THlS IS A CL.AJMS MADE AND IUPQII6'n!O:Pl;lLICY. PLeASE READ THIS POUCY FULLY. THE LIMIT OF L,lABILITY A~lloA."'S"'tO PAY JUDGMENTS OR SETTLEMl!NTS . LL Bi! REDUCED BY AMOUNTS INcUlitRltlieR, INVESTIGATION AND LEGAL COST$. 0"...'.. ~THeR NOTE 'tHAT AMOUNTS INCURIWl FOR. SUCH COST SHALL BIr APPLIED AGAINST . '. " THE DEDUCTIBLE AMOUNT ttem 1. Item 1.., Item 2. Item 3. Item 4. Ilem 5. Item e. Item 7, Ilern 8. 9B 38\1d Named 'neurad and Address: Ron Turley A~~odates, Inc. 2082:> N.l!l~1i Ave 5:te ~ PhoeniX, AZ 85027.3561 "9"nl Nom. '1M Addr....:. Networked Xnsurance Agen'" !:lBB McCOURTNEY ROAD #B GrllSS VaIlIlY, CA, 95949 Poljcy Period: FrQm: 06/03/2006 To, 06/03/2007 . (12:01 A.M. Standard TIme) Premium: it 4,150.00 Li",ils of L1~blnty: (A) $ 1,000,000 ~cli Clalm. Includlno CI"lm~ Expense (6) $ l,OoO/ODO Annual Aggregate, Including Olal",s Expe.,:;o Oeducllbfe: $ 5,000 Deductible per ClaIm Retroactive Dete, 06/03/2004 Additional Premium rU! Suppl\,monlal C:xtond.d Flepor\ln~ Period: $ :1,11'.50 Named InsurGdt Profession: Computer Consultant , ' ~Jd Page 1 of2 " : ;' \.. fI2-:I. _71 tftA..J---- --- . , / '~ ., ... Il" ,..;) " -.,,1,' \llCJ LvL,Z;S9EZ;9 SE:LB LBBZ;/BZ;/EB ..... .. ....-- !"ROM :G~I5roRD INSURANCE AGENCY F'AX NO. :502 ~4~ 5115 Mar. 22 2~~? 1~;27AM ~G ~NA Cgmmera1a~ ombr.~l. 'lie" -eu..:r..n... 'D.GJ.tU:'.~.:l...D. ......_~~.~; ~~~~~~ . . . POLtCY IlI\:lIIBIIll II 2095S01220 COVlOJlAQE KOVtIlSll BY CON'l':J:NllNTI'T. r.'.l",mllLTY coMPANY CNA PLAZA CHICAGO, ILLINOIa 60GeS :t1lWUll IWlB &Ill) ~Il1U!IS' lion '1'urley Associates, Ina. ~nB2~ M 19~h Ave #4 PliOENDC, AZ 85017 laCK . POLleT PBR:J:O~ - TO 10/13/2006 06/06/Z007 MUey 1lO1IDlIIJl 012856 _m: _ AIIll AIlDRBSS NETWO~En INSllIlANCE lIGlmlT 98S MC COtlRTNI'l liD GllAaS vJlJ..l.l'l. CI\ 95949 Phone N~er; (530)274-3102 lIllUell NllMllllR 250 IUIIICR IWIB m ~_IS SAN FRANCISCO 1/.0 BOX 7430 405 HOWllllD STR~KT SUITE 600 SAN F~eISCO, CI\ 94120 Phone Number. (415)932-7400 'rbi.R Ilnli"Y hocOlI\es eft.eative ancl exllires at 12;01 A.M. shn~:rd t.i11ts at'. your.maiUn\l a.adress on. the datal! shown above. rtlhA NRnlAd Inaurad is a Corooration. . Your polioy i8 oomposod 0f this Deolarations, with the attaoh.c!l Cav4rags .l!'ol:'11lli. Md Enclor.sements .if aliY. '!'he PoliCY Fo:ttlls and En"'orseIlI.mt Sehedula shQWs all fOl:ll\s app11caP1e to this pOlicy at the time of poliCY issuanoe. J - Ii . i M1nim\l.lll Prem1wn' --- Your ~ro~ium inaluaOA th~ tollewing'amownt ~ Oextif1ed Ao~a of Terrorism Coverage .. ~~4~~ ?&riQd is NQ~ Au&i~&bl~ II _. - Pl:emiUlll Basis bte Iilstimata Adv"Zloe P:r_iwn arge $1,~12 An.nual ~otal Advance Pre~iwn: $1,~12.00 en,.. $12.00 ..... , . ~ . ',,'1 ~/O ,~. ,L.. '. "- AGENT Page 1 of 3 913 39\1d \ll~ LPL,~89E~9 BE:L13 L130~/0~/E13 -............ -. FROM : GA I SFORP I NSURI'lNCE: AGEf.CY ~ B :JO~~59122g FAX NO. :&02 242 6115 :CllBllUll IlllU1B II III Ron TUrley A.soaiates, Inc. 208.3 N 19~h Ave ~4 PlIOENU. All $5027 Mar. hoh Incident: $;;,000,000 AlI!l'x""il"~"; $J,OOO,OOO PO~:Cey LtM%'. O~ :C.~CIII U'l!A:J:lIlml %.:tN%~ Retained Mimic: $10/000 IJ(:Jillllltmlll 01' miDUt.:r:tlllll U1llllRA_ ~"lY.1"lJ InJo1U:8'" :M..ft:.1 of pOJ.:l.cy IiUJlQ)ar tJJI.4oK1.i':l.lIlI polioy 1'8::1.04 2:zleWl:Q... a......r.... ZIllnl.!"III108 :ransportat4on Insurance Co. I Qel'1e-1:al Eaeh Occurrenee Mimit $1, C(fO ;000 Lial;lUity Gen8ral 4ggragace Limit: $2,000,000 Applies PBr location :.1090658g0~ Po..nL ..~ly per project lilff: oa/061200~ to 06/06/2007 Produotsltompleted Operations $2,COO,000 1\"gx-ell'"t" t.:lJolL Personal 4Ad Advertising $l,QOO,OOll :u.J"xy :uiallility lol1\it '-" ~ AGENT ~aq.. ;:! of J La 39\1d \11~ Ll>Ll~8SE~9 8E:Le Lee~/e~/Ee &Ii _.A .- .gPORD", CERTIFICATE OF LIABILITY INSURANCE RC ~I, .m M7~ 03 29 2007 ~'It THIS CE~TJ~ICATI; IS ISSUED AS ^ M^TTE~ OJ: INFOflMA TION COMPUJ?AY INS & BROKERAGE, INC ONLY AND CONFEnS NO J1IGHTS UPON rHE CERTIFICAH \WInER, THIS CERTIFICATE 001'" NnT "MEND, EXTEND OR 250727 P:(877)287-1316 F'(877)287-1315 rER THE COVERAOE AFFOROED BY THE POLICIES BtLOW. - 301l FARMINCTON .l\.VJi: 1'ARMINGTON CT ,_9_~O32 INSURERS AFFORDING COVERAGE ~BUlfED -. ON'JU_" The- Hartford Ins Grcuo ~~I'I, -.- _.. RON TURLEY ASSOCIATES INC INSUFII!R C : 20823 N. 19T5 AVE. STE 4 INSUAm 0, l>aVJ<:N1x All; \l~U~1 ;:;;;;It F! COVERAGE S TH~lJl:renj~l~Sl}I-tANC::1= l.l'STE.O BEL.OW~RArre1i~IM-vEO.To'rAE",(ri:I'URtu NAI\Il~O Afli5'VE.'FOfl TflE"PbDCY-P-OObUTtJDie:"ArEO. NC1TWlnTS'rANDING I ANY nIiOUIR'Mr..N"r, 1 H4M Oil Ct1I~1l1110N or ANY CUll! I HAl'; 1 UHUI HI:I~ UUCLJMI,NT Wlnl RESPECT TO WHICH nll~ (;UHlFIr.,6,'rF.. MAY 81: ISSU[D Oli MAY PERTAIN. THE INSUFlANCE AHOHr)F.fJ BY THE POLICIIiS [)l!'sCR'15EO HEREm JS SUBJ~CT TO ALL T1-l~ TERMS, EXCLUSIONS ANI) CONomONS OF SUr:::I04 POliCIES. AGGREGATE. LIMITS SHOWN MAV HAVE BEEN R~OIJC~D BY PAIl') ~~A1M5. .iuwJ,' 1YK~~ -. -.;J'I;'-:'~~ --- ..."r "'!Y" I'QUQr~"'Tt4V"1 .. --- .. 1"m.1 .-. ; :tuNYtAt.l.tAIJII.ITY ! I!ACIoI OCCUMINC& , ~"""C"""""",f" '."'8~'TY I FlAiI.l.......",Gi IN'rfIM ~I"II! . ",..,..,.......,.,..D~'='=~,R Mml';;I;"(Ar"'OT1lIP~r~1 " j~ J~~"'L .:I,I\QY lr1.rURY . I a~N!:RAl...aOr:ECAT' , "~l~ MO'~Fi~~~n"''' P~tllJut:'t'S - J;;QNf"IOf"....oo . - pOU<;:Y ~.9~ LQI:: ! , ~OMOIlfl.f: u,qBlUTY t;QMI)IN!:PCINQUi,I.IMI1' . - ~YAU1(l \~~ ~l:';llrar1" - ALL OWNED ,l.,UTO!l MCmIYIN.JIII'lV I" I - aCI1r::QlJl.ED AUT05 t......"nJOrI) Hl1'Lm AUTM IiICf'llt.YINJIoIWf I' . 'F'w~~ti~n:1 :----- NON OWfll!D A.UTO~ ~ I --. ---~=. l'I"Iu""..,y............o:,<l; ! ~ 11'11' ~c~11.1D11t1 , I "~''-- ~/ a;, -,,,. =rtifUNiI~f/r ; p.UfO ONL'V .];A ACl;JOI..NI , ~c./ , ....W(....ljTO on~TJ.l.&.N u:\Nw"; , --- , " ' AUTO ONLY; "" , :::]'S,!;tIAHJJIT'I , I~ ;:;"'CK QCCL,.M~~ , CC:C:UI'l O.;I....\!I<l.}I"II'O"'" l'l '-' AGQAi;ijATi , Il.., T .,.- ==i OEDUCTlBLE , Il:ff!\NTIQIl , , WWlKlfll C'O'w'Ni.o1 mm 11Nf} X I.W":!f!C!~ I lo"~- '! A lVLOVCDS' UADJ1.ffV 76 WEG 1.<N4645 Q6/01/06 06/01/07 fJ. I"ACH^CCIN:l\IT '-'1'\7\ o ocr-- i l!1,otS(CA~.'UM"LOVIll:, -$100, 000~---1 f:J., g131l1':;l~ - f"OUCY UMIl" j 1500 000 ' ! orWl t I . I 1H3CM'T7ON OF o;'AMTIGMiIt ~AT{()N&'VC!'G![Sr'CXGi~U;;:i Aniin IJr fNDOIfSl1I4CNTf3l'({lAL /l'1Itl~N.s ...-. Thoee usual to the Insured's op"rations. "".1< "" L;AI. rIULU. -- -- A/X10<<ZJ/l( (M'v.llr({h lNSiital !ETTER: CAI'lC~~LA TI'O'~ .-- -- n_. --"." -. --... SHOUlIJ ANY OF THE ABOVE: DESCRIBED POL-JCJ~ 81i CANCELLEn eEfORE TIle EXPIHArION DAn THER~m T~E ISSUING rNsuRE~WILL ENDEAVOR TO MAlI. CIty OF SANTA ANA 30 DAYS Wnll'T(N NOTice 110 DAYG ron NOtJ.I"'~\VM!;N'rt TO Ti-IE CERTIFICATE ATTN PURCHASIl'IO DEFT I~OLO[l1 NAMW 1"0 1 liE LEfT. BUT fAILURE TO DO so SIIAJ.). JMI~O:5E NO OBLICiA)'ION OR lIf\[],llITY OF ANY KIND UPON THE INSURER. I rli AGENTS OR 20 Civic Cent"r Hz Af,"HE5ENTATIVES, Santa Ana, CA 92701 --- AJ!!~1.::;~NTArM! - . - "''::'''-i'r..-P' - - --- Ar.flRTl ,<;..~ mq71 t~, Acono canr-ORATION' 9Ae ~iJ 39<1d \1101 LrLl~8SE~9 IE:LiJ LiJiJ~ILcIEQ