HomeMy WebLinkAboutHIGH LINE CORPORATION 1C -2006{NcURr.NCE ON FILE
VvOnn i~•~Y PROCEED
UNl'~~ IidSURANCE EXPIRES
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CLERK OF COUNCIL
DATE: ~-~ y- ~ b
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THIRD AMENDMENT TO PROGRAM LICENSE
AND SERVICE AGREEMENT # 980603
N-2006-002
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THIS THIRD AMENDMENT made and entered into this ! ~ G _by and
between the CITY OF SANTA ANA, a charter city and m nicrpal corporation duly
organized and existing under the Constitution and laws of the State of California ("City")
and High Line Corporation. ("Licensor") collectively referred to herein as `Parties".
RECITALS
A. Parties entered into that certain agreement entitled "Program License & Service
Agreement #98063" dated June 22, 1998, hereinafter referred to as "Program and
Service Agreement", for the provision of various computer program licenses and
software modules. The Parties subsequently executed an amendment dated April 3,
2000 and May 2, 2001, hereinafter referred to as "Program and Service Amendment
#1 and #2" respectively.
B. The parties now desire to again amend the Requisition section said Agreement in
order to provide continuous service under said Agreement as all other terms and
conditions remain the same.
WHEREFORE, in consideration of the mutual and respective promises hereinafter
contained and made, and subject to all the terms and conditions of said Agreement as
hereby amended, the parties do hereby agree as follows:
1. Section 16, of said Agreement, pertaining to Requisition of additional Products
and Services of said Agreement is hereby amended to add the following statements:
A. LICENSEE may request indefinitely from LICENSOR, additional Products
and Services, pursuant to the Program and Service Agreement and Amendments
according to Paragraph 2 "Term" and Paragraph 15 "Billing Authorization".
B. LICENSOR shall charge LICENSEE for Products and Services at the rates
identified in the Schedule to Program License & Service Agreement and subsequent
amendments. Said amendment shall not preclude Licensor and Licensee from
establishing mutually agreed upon new rates. New rates may be incorporated herein
upon approval of Executive Director of Finance and attached as Exhibit "A".
2. Except as modified by the two amendments, the terms and conditions of said
Agreement remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
said Agreement on the date and year first above written.
SIGNATURES CONTINUED
ATTEST:
PATRICIA E. HEA]
Clerk of the Council
APPROVED AS TO FORM:
~l .
~,„JOSEPHFLETC R
City Attorney
RECOMMENDED FOR APPROVAL:
~Pl~~ Ill P~ ~ / V ~`~ - ~
FRANCISCO GUTIERREZ
Executive Director
Finance & Management
Services Agency
..r
CTI'Y OF ANTA ANA
DAVID N. REAM
City Manager
LINE CORPORATION
By:
Title: President
Tax ID#: 98-0130856
`..
EXHIBIT A
..r
PROFESSIONAL RATE SCHEDULE -APPROVAL FORM
Upgrade Assistance provided by Technical Consultant -1 x Week $900 per Day
All additional Assistance shall be provided at current prevailing rates at time of
requisition.
Current Rates:
e~ource.
~R
/ ry F , , k 4 Yk, Daily. Rate,
_
ager
Sales Account Man $1,200
Project Account Mana er $1,200
Senior Ap lication Consultant $1,000
Senior Technical Consultant $1,000
Programmer Analyst $900
Plus all reasonable travel and out of pocket expenses for client on-site Consulting and
Training.
1/- ;;01> 6 " ""
'Lowndes Lambert GrouQ
Lowndes Lambert Corporate Risk Limited
CERTIFICATE OF INSURANCE
This is to certify to:
City of Santa Ana
20 Civic Centre Plaza
PO Box 1988
Santa Ana, CA
92702
Att: Mr. Francisco Gutierrez
clo Teresa Ramirez, Exec. Secretary
that Policies of Insurance as herein described have been issued to the Insured named below and are in force at
this date.
Named Insured:
Address:
High Line Corporation & High Line Inc.
145 Renfrew Drive, Suite No. 210
Markham, Ontario L3R 9RG
Operations to which this certificate applies:
Training and Consulting Services usual to business of the Insured
TypE) of Policy Pplicy No. Effective/Expiry Limits oll..lability
Commercial General CPC0034791 Sept. 12, 2005 CDN$5,OOO,000 Each Event Limit
Liability Sept. 12,2006 CDN$5,OOO,Ooo General Total Limit
CDN$5.000,OOO Products & Completed Woll<-
Total Limit
CDN$5,OOO,OOO Personal Injury & Advertising
Injury - Total Limit
CDN$l ,000,000 Employers Liability Limit - Each
Person/Each Event Limit- Canadian Office
Employees
Errors & Omissions CPC003479 Sept. 12, 2005 CDN$l,OOO,OOO Each Wrongful Act
Liability Sept. 12, 2006 CDN$l,OOO,OOO Total Limit
US Premises Liability 83SBMPR6633 Sept. 12, 2005 US$2,000,000 General Aggregate
Sept. 12, 2006 US$l,OOO,OOO Personal & Advertising Injury
US$ 300,000 Tenants Legal Liability
US$ 10,000 Medical Expenses
US Workers 83WECNC220 Sept. 12, 2005 Woll<er's Compensation - Statutory Coverage
Compensation & Sept. 12, 2006 (AZ, CO, MN, NM, WI, GA, OR)
Employers Liability US$1 ,000,000 Each Accident - Bodily Injury by
Accident
US$l,OOO,OOO Policy Limit - Bodily Injury by
Disease
"'C;FR0VEB A b TO rr- US$l ,000,000 Each Employee - Bodily Injury by
Disease
..- r;h.. ~ >. ~ J
-
- LISA E. ,ORC\<.
Assistant C' y Attorney
- ...",
U.S. Worker's 1263234 Sept. 17,2005 Worker's Compensation - Statutory Coverage
Compensation Sept. 17, 2006 State of California
& Employer's Liability Employers Liability:
(California) $1,000,000 US Each Accident- Bodily Injury by
accident
$1,000,000 US Policy Limit- Bodily Injury by
Disease
$1,000,000 US Each Employee - Bodily Injury
by Disease
Insurers:
1. 81. Paul Fire & Marine insurance Company
2. 8t. Paul Fire & Marine Insurance Company
3. The Hartford Insurance Company
4. The Hartford Insurance Company
lliITf,:
It is hereby understood and agreed that City of Santa Ana is added to the above noted
commercial general iiability policy as Additional Insureds, but only with respect to liability
arising out of the operations of the Named Insured in connection with the training and
consulting services.
Insurance afforded is subject to the terms, conditions and exclusions of the applicable policy. This Certificate is issued as a matter of
information onlv, and confers no rights on the holder and imposes no liability on the Insurer. The Insurer will endeavour to mail to the
holder of this Certificate 30 days written notice of any material change in or cancellation of these policies.
L"""" Lem"'" Co?" Umn"
Date: December 15 J 2005
Authorized Representative
Angie Procopio CAIB CIP
Lowndes Lambert Group, Corporate Risk Division, 181 University Avenue, Suite 2000, Toronto, ON M5H 3M7
Phone: (416) 644-1931 Fax: (416) 644-1935 www.hlaglobal.com