Loading...
HomeMy WebLinkAboutACTIVE NETWORK -2013A- 2013 -029 NO. 1 TO PRODUCTS AND SERVICES AGREEMENT H- ide and entered into this R4 day of Z�rvlr-s -- 2013 ( "Amendment "), by and between 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 ( "Customer "), and The Active Network, Inc., a Delaware corporation ( "TAN "). RECITALS A. The Customer and TAN entered into that certain Agreement No. N- 2012 -130 dated September 9, 2012, hereinafter referred to as "Agreement" to provide class software maintenance and support services for the Customer's leisure class programs. B. The parties hereto now desire to amend said Agreement to extend said Agreement, and increase the amount of compensation to TAN for the extended term. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The Pricing Form, which is attached to this Amendment as Appendix A, is incorporated into this Agreement by this reference. Compensation is hereby amended to increase the amount by S 11,017 for the annual maintenance services. 2. The tern of said Agreement is extended through November 30, 2013. 3. Except as hereinabove modified, the terns and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: `Maf/LA h' Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AY By: Li a Storck, Asst. City Attorney RECOMMENDED FOR APPROVAL: ClTYg AA Kevin O'Rourke Interim City Manager PROVIDER — ACTIVE NETWORK tr o Monet, Executive D rector By: ADAM- - —, ESv W-3 Parks, Rec. & Conununiiy Services Agency Title: 'im¢ .s -'-,LA5 APPENDIX A AICTIUE network.. ComaiAlmaa:. Invoice 101,82 Toroee`s Cam4 San Diego. CA 92121 United Slates Phase: 8884437223 OAfian 4 -Fan: 8558-332. tell B Ouat6ons ?Email us at AdWAR Owlize sum ' ... CRY OF SANTAANA ., .,. Cask# Invalce AR - Smmrce Late, Y Customer PQi _I 3310 _ t 4100037707 1 20-DEC-12 . .._ Bill To; Ship TO: Cill SA14TA ANA CITY OF SANTA ANA Afkn:Azanvmks payable Agn:Robert Cano3 PO BOX 1088 M-23 PO BOX t989 U -23 BANTA ANA. CA 92702 Wood States SANTA ANA, CA 42702 tlmifrsl StNas Sales PeTSan SalWecr CaastrBCt di ft ❑arelid Teknes _tw Baer O'ate j TranSaokfoal Ty�fe CteY _. ..... L— MaNa Renewal L SC4100003774 -2 ' 410NET 29-MAR-13 INW11, OGMSGL ..i fJSD Mutes: Ftasae Remit Ctaeck Payment to our Lockbox, The A.b. NeaemrA, Am. 48689 Nefrlork Piarr_ Chicago,ILCXJ6 1231 SmlRtotal _ 1 Y ©18 74 Itwoexe TUtalc. „� 1Y,0'19.74 Please Pay this Amount; ®aiar+ce Isola 1117Y6741 TO PAL` BY CREDIT CARD OR ACH, OR TO SET UP RECURRING PAYMENT. P LEASE CONTACT US AT AjS&ABQeuL rum. PLEASE BE SURE TO INCLUDE ACTIVE'S INVOICE NUMBER ON YOUR REMITTANCE AE"Ra CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDO YYYYI 4/16/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Woodruff-Sawyer & CO. 2 Park Plaza, Suite 500 Irvine CA 92614 TA T NAME: PHONE FAX c Nu Exl: 949-435-7361 ac No :949- - 18 A DRIESS:C o adiuk ws n INSURER (S) AFFORDING COVERAGE NAIC k INSURER A:Federal Insurance QQmpaoy 20281 /16/2014 INSURED ACTINET -01 INSURER s7ravelers Property INSURER c:National Un on Fire Ins Co Pittsbur 19445 Active Network, Inc. 10182 Telesis Ct., Suite 300 San Diego CA 92121 -4777 INSURER D: DAMAGE TO RENT D PREMISES Ea occurrence $1,000,000 INSURER E $10,000 NSURERF: $1,000,000 COVERAGES CERTIFICATE NUMBER: 1581238143 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR MD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDOIVYYY LIMITS A GENERAL LIABILITY 35877916 /16/2013 /16/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE K OCCUR DAMAGE TO RENT D PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2,000,000 S X-1 POLICY L PRO LOC A AUTOMOBILE LIABILITY 73546685 /16/2013 /16/2014 Ea accident Al 000 000 BODILY INJURY (Par person) $ X ANVAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY( Peraccident $ HIRED AUTOS AUTOSWNED PROPERTY acciden DAMAGE $ A X UMBRELLA LIAB X OCCUR 79865288 /16/2013 /16/2014 EACH OCCURRENCE $12,000,000 AGGREGATE $12,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN "'� ANYP OFFICERIMEM ER EXCLUDED? L- NIA NIA UB3881N74613 /16/2013 /16/2014 X WC STATU- OTH- T RV LI ER E. L. EACH ACCIDEIJT $1,000000 E.L. DISEASE EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Errors & Omissions Retroactive Date: 07 /10/03 019330471 /16/2013 /16/2014 Limit $10,000,000 SIR $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Santa Ana, its officers, agents and employees are included as additional insured as respects General Liability as required by written contract or agreement. Coverage is primary and rlon- contributory. See attached separation of insured's clause - form #80 -02 -2000. APPROVED AS TO FORM City Attorney City of Santa Ana, its officers, agents and employees Attention: Silvia Cuevas 26 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE iPf :I:bL1iDLNIal:7rIHa7:71�7 :L \�i fe7.WiTynra Tl7 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Customarq Series Customarq Classic Insurance Program Premium Bill Policy Period APRIL 16, 2013 TO APRIL 16, 2014 Effective Date APRIL 16, 2013 Policy Number 3587 -79 -16 NBO Insured ACTIVE NETWORK INC Name of Company FEDERAL INSURANCE COMPANY Date Issued JUNE 10, 2013 Date Payment Due Premium APRIL 16,2013 $ 0.00 TOTAL $ 0.00 ADDITIONAL INSURED CHANGES Producer: WOODRUFF - SAWYER & CO. 50 CALIFORNIA ST, 12TH FL SAN FRANCISCO, CA 94111 -0000 Refcrence Copy Form 80 -02 -9020 (Ed. 4 -94) Premium Bill Page I Liability Insurance Section Declarations Reference Form 80 -02 -0009 (Ed. 4 -94) Declamtions Liability Insurance Declarations Named Insured and Mailing Address ACTIVE NETWORK INC 10182 TELESIS CT 100 SAN DIEGO, CA 92121 Producer No. 0009365 Producer WOODRUFF-SAWYER & CO. 2 PARK PLAZA, SUITE 500 IRVINE, CA 92614 -0000 Chubb Group of Insurance Companies 15 Mountain View Road Warren, NJ 07059 Policy Number 3587- 79 -16NBO Effective Date APRIL 16, 2013 Issued by the stock insurance company indicated below, herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of INDIANA q!lggq6{q Rq '�.�SIiSS! - N11H9G- !A HiCti lSliilHli '3gkfiS(kgFlMW;i#4'gJl'.qikq��qA _ q ,., ?�(&i91kF.�'GIH'.... C;tligq � ' gkkk -. i,�flHt 9qG. i �.. p.IR ' CN�S('d Policy Period From: APRIL 16, 2013 To: APRIL 16, 2014 12:01 A.M. standard time at the Named Insureds mailing address shown above. i iflAABdRiiI6t64iJ�6HI9�R4Y6FJIF6% g3Ng196 '@Ntlkt"-0Itg991it6"J6AitPlUtfiH9 iiq:iq�ghi6t@3iHNt .M�IBa �i Ei88 'tifH6pkltlt uiiSl�� S�Si1gt.'989ttl Liability Coverage Limit Of Insurance GENERAL LIABILITY GENERAL AGGREGATE LIMIT $ 2,000,000 PRODUCTS /COMPLETED OPERATIONS $ 2,000,000 AGGREGATE LIMIT EACH OCCURRENCE LIMIT $ 1, 000, 000 ADVERTISING IlVJURYAND $ 11 000, 000 PERSONAL INJURY AGGREGATE LIMIT DAMAGE TO PREMISES $ 1,000,000 RENTED TO YOU LIMIT MEDICAL EXPENSES LIMIT $ 10,000 Liability Insurance Issue Date: JUNE 10, 2013 Reference e Copy continued Form 80 -02 -0010 (Ed. 4 -94) Declarations Page 1 Liability Coverage (continued) EMPLOYEE BENEFITS ERRORS OR OMISSIONS AGGREGATE LIMIT EACH CLAIM LIMIT DEDUCTIBLE - EACH CLAIM RETROACTIVE DATE Limit Of Insurance $ 1,000,000 $ 1,000,000 $ 1,000 APRIL 16, 2002 'N Ctailt%ilOn �ilEpd tt NUtlpll tfi4lN14fl�IItkAtlOHtI�II�IgB Btl �1 A II�dk9NHMlI�III A�t�d9lHi ddHUAkG i� II di9k RATING INFORMATION STATE: CALIFORNIA COVERAGE NAME: PREM/OPS CLASSIFICATION CODE NUMBER: 00163 CLASSIFICATION DESCRIPTION: ELECTRONIC - SOFTWARE MFG. -LOW PREMIUM BASIS: GROSS SALES: $470,000,000 RATE: 0.012 COVERAGE NAME: PCO CLASSIFICATION CODE NUMBER: 00183 CLASSIFICATIONDESCRIPTION: ELECTRONIC - SOFTWARE MFG. -LOW PREMIUM BASIS: GROSS SALES: $453,600,000 RATE: 0.020 STATE: PEOPLES REP - CHINA COVERAGE NAME: PCO CLASSIFICATIONCODE NUMBER: 00183 CLASSIFICATION DESCRIPTION: ELECTRONIC - SOFTWARE MFG. -LOW PREMIUM BASIS: GROSS SALES: $16,400,000 RATE: 0.020 mug -- asnuggu :amuemucrr r�uwz�n hntixr�!n?un�nn:rw�nc�r.em nm: �:m ,. �uu9�.�uus.... awe. . ���ua,., ssnrrm�a�m�. - ;�ttar.� Liability Insurance Issue Date: JUNE 10, 2013 Reference Copy continued Form 80 -02 -0010 (Ed. 4 -94) Declarations Page 2 Liability Insurance Declarations Effective Date Policy Number APRIL 16, 2013 3587 -79 -16 NBO �u�r r - rcrano armc!rumu�w.nunps+ar�wum anomazcnu rcuausxuuarnnouurn : o re rww uoxu ,nnm n s Liability Coverage (continued) STATE: CALIFORNIA EMPLOYEE BENEFITS CLASSIFICATION CODE NUMBER: CLASSIFICATION DESCRIPTION: EMPLOYEE BENEFITS E &O PREMIUM BASIS: NUMBER OF EMPLOYEES: RATE: Reference Q'ol3v Liability Insurance Issue Date: JUNE 10, 2013 Form 80 -02 -0010 (Ed. 4 -94) Declarations 00176 2,806 0.163 lastpage Page 3 Liability Insurance Endorsement Policy Period APRIL 16, 2013 TO APRIL 16, 2014 Effective Date APRIL 16, 2013 Policy Number 3587 -79 -16 NBO Insured ACTIVE NETWORK INC Name of Company FEDERAL INSURANCE COMPANY Date Issued JUNE 10, 2013 rusuudWe¢*�,vz �wx me�s':naaur� rxvu.+,; iwn nx�raazs,.+,. ,vin o^.ma;smnuu+�»�xx >>ov.aa:ara �rre xe;e +��:.re s�m.xrrvo�cTns^ry 7�v✓., arm,. nmw�snrv5 ,.�cn.;aw.ammrsxm.7ae+uw.nvwa�. This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added Who Is An Insured Scheduled Person Or Subject to all of the terms and conditions of this insurance, any person or organization shown in the Organization Schedule, acting pursuant to a written contract or agreement between you and such person or organization, is an insured; but they are insureds only with respect to liability arising out of your operations, or your premises, if you are obligated, pursuant to such contract or agreement, to provide them with such insurance as is afforded by this policy. However, no such person or organization is an insured with respect to any: assurnption of liability by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. damages arising out of their sole negligence. ;C)>nN:WM1.T rXYY.i.N_P66t^ea 21�f &M1t%\`4;1Ciia'a(�M1'A nYiOfTlbfn',)REf. MTt #Y'i: C1fnSYtfC[F. Xi A1ua1V}ryYtt[M^{PX+ki.�h'mY, f.4k^ i'Y .N FxRMYN. Y.R4 XRT mT#'FXfS..i �J�.ikisf.MYT Yry(bJ.utAR2yk"1 Schedule See Manuscript for Additional Insured Schedule Reference Cog), Liability Insurance Additional Insured - Scheduled Person Or Organization continued Form 80 -02 -2367 (Rev. 8 -04) Endorsement Page 1 Liability Endorsement (continued) All other teens and conditions remain unchanged. Authorized Representative Reference Copy Liability Insurance Additional Insured- Scheduled Person Or Organization lastpage Form 80 -02 -2367 (Rev. 8 -04) Endorsement Page 2 Liability Insurance Endorsement Policy Period APRIL 16, 2013 TO APRIL 16, 2014 Effective Date APRIL 16, 2013 Policy Number 3587 -79 -16 NBO Insured ACTIVE NETWORK INC Name of Company FEDERAL INSURANCE COMPANY Date Issued JUNE 10, 2013 This Endorsement applies to the following forms: GENERAL LIABILITY `�TR`hi"M�MN Nf)tt.M1Y'%'a]t<N �M f#,>'S'e_v<<ivb aniR�N6A.dh "APQiA�.%{iVifiY.dMS tM(>Mxt.i]t��_.<, ktt%f}'V'+. uYtRadIXX `ii)h.<,uAM6Y�hhG`wsi(XYY R4�M'+^<kYJ d3AN*T`HX z%4�9..¢�JW.' -'.A %fr Additional Insured Schedule Additional Insured - Scheduled Person or Organization County of Santa Clara and Members of the Board of Supervisors of the County of Santa Clara, and the Officers, Agents and Employees of the County of Santa Clara, Individually and Collectively c/o Ebix BPO PO Box 257, Ref # 84- 1018490 Portland, OR 48875 -0257 City of Escondido its Officials, Employees, and Volunteers 201 N. Broadway Escondido, CA 92025 City of Encinitas Parks and Recreation 505 S. Vulcan Avenue Encinitas, CA 92024 City of Austin, Financial & Administrative Services Dept, Attn: Lynda Thorpe, Purchasing Office 124 W. 8th St., Ste, 310 Austin, IN 78701 Board of County Conunissioners of Frederick County, Maryland c/o Ebix BPO PO Box 257, Ref # 80- 0000028389 Portland, MI 48875 -0257 Liability Insurance ADDITIONAL INSURED scHEMa&reHtce Copy Form 80 -02 -2373 (Ed. 4 -94) Endorsement continued Page 1 Town of Windsor, its officers, officials, employees mid volunteers P.O. Box 100 Windsor, CA 95492 City and County of San Francisco, its officers, employees and agents Risk Management City Hall, Room 352 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 Beaumont Unified School District P.O. Box 187, 500 Grace Avenue Beaumont, CA 92223 New Jersey Division of Fish & Wildlife Attn: Barbara Staff 501 East State Street, 3rd Floor Trenton, NJ 08625 City of Santa Ana, its officers, agents and employees Attu: Silvia Cuevas 26 Civic Center Plaza Santa Ana, CA 92701 City of Agoura Hills, City, its officers, officials, employees and volunteers 30001 Ladyface Court AgouraHills,CA 91301 -1434 Nestle Holdings, Inc mid /or its subsidiaries, associated or allied companies, corporations, firms or organizations, their directors, officers, employees, partners, and agents c/o Ebix BPO P.O. Box 12010 Hemet, CA 92546 Wynn Resorts, Limited, its directors & officers, subsidiaries and employees Attu: Linda Young Director of Insurance 3131 Las Vegas Blvd. South Las Vegas, NV 89109 City of Santa Monica Attn: David Yeskel 1717 Fourth Street, #250 Santa Monica, CA 90401 City of Santa Barbara Parks and Recreation Attn: Jason Bryan 620 Laguna Street Santa Barbam,CA 93101 City of Aurora, its elected and appointed officials, officers, employees, agents and representatives City of Aurora 15151 E. Alameda Parkway Aurora, CO 80012 Liability Insurance ADDITIONAL INSURED SCHEDULElcicrence Copy continued Form 80 -02- 2373 (Ed. 4 -94) Endorsement Page 2 Bank of America, N.A., as Administrative Agent, I.S.A.O.A., A.T.I.M.A. 800 Fifth Avenue Mail Code: WA1- 501 -17 -32 Seattle, WA 98104 City of Vista Attn: Bill Crane 600 Eucalypus Ave Vista, CA 92084 Education Holdings, Inc. Federal Insurance Company Attn: Craig Whiting 16 Settlers Trail Darien, CT 06820 Bank of America, N.A., as Administrative Agent, LS.A.O.A, A.T.I.M.A. 333 S. Hope St, Suite 1300 CA9- 193 -13 -01 Los Angeles, CA 90071 City of Sacramento, its officials, employees, and volunteers c/o Ebix BPO PO Box 257, Ref # 106- Z338006 Portland, MI 48875 -0257 The City of Santa Clara, its City Council, Commissions, Officers, Employees, Agents, and Volunteers c/o Insurance Data Services - Insurance Compliance P.O. Box 12010 -S2 Hemet, CA 92546 -8010 The City of Moreno Valley, the City of Moreno Valley Community Services District, and the Moreno Valley Housing Authority their officers, employees, and agents City of Moreno Valley Moreno Valley Conummity Services District 14177 Frederick Street Moreno Valley, CA 92553 The City of Glendale, its officers, agents and employees City of Glendale, California 141 North Glendale Ave, Room 346 Glendale, CA 91206 -4499 City of Oxnard, its City Council, officers, employees and volunteers Risk Manager 300 West Third Street, Suite 302 Oxnard, CA 93030 County of Ventura 800 S. Victoria Avenue Ventura, CA 93009 Liability Insurance ADDITIONAL INSURED SCHEQX&ri11 G[ COpv continued Form 80 -02 -2373 (Ed. 4 -94) Endorsement Page 3 City of Gilroy, its officers, officials and employees 7351 Rosanna Street Gilroy, CA 95020 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 City of Philadelphia Finance Department Division of Risk Management 1515 Arch Street, 14th Floor Pbiladelphia,PA 19102 -1579 RE: Reference #1120598 The People of the State of New York, the New York State Office of Parks, Recreation and Historic Preservation, the Department of Environmental Conservation, their officers, agents and employees New York State Parks Office of Parks, Recreation and Historic Preservation "Counsels Office" 1 Empire State Plaza, Agency Building 1 Albany, NY 12233 -0000 City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents 10500 Civic Center Drive Rancho Cucamonga, CA 91830 All other terms and conditions remain unchanged. Authorized Representative Liability Insurance ADDITIONAL INSURED SCHEDULEI1..i°fL',t'k'IDMII COpy lastpage Form 80 -02 -2373 (Ed. 4 -94) Endorsement Page 4