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HomeMy WebLinkAboutCOMMSYS, INC. 2-2014INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: R 2 1 2014 CONSULTANT AGREEMENT N- 2014 -030 Sam mo THIS AGREEMENT made and entered into this I st day of January, b and Sara Masan , Y Y, Y covamgnderbetween CommSys, Incorporated, a Professional Corporation with its principal place of business ,nc�aYmrSn Dayton, Ohio (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of software license, maintenance and technical support for Connect CICTM and CLIPSTM software. The software is used by the Police Department to provide a connection to certain law enforcement systems. This connection is actively used by Department personnel via the Computer Aided Dispatch (CAD) system to conduct investigations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fine in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement omitting paragraphs 6, 11, and 14. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed $4,000.00 during the tern of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2014, unless tenninated earlier in accordance with Section 12, below. 4. 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 manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding tuxes. 5. INSURANCE Consultant represents that all technical support and maintenance is conducted remotely and that consultant will not send any of its employees to City's property. As a result, evidence of commercial general liability, worker's compensation, and automobile liability insurance are waived. Notwithstanding, in order for consultant to remotely access City's secure network, City requires the following insurance: a. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. b. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: G) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be tarnished 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. c. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for darnages, 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. 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 perfonmance 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 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 With courtesy copies to: City of Santa Ana Police Department Attention: Chief of Police 60 Civic Center Plaza (M -97) P.O. Box 1981 and Santa Ana, California 92702 Fax(714)245 -8090 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -6515 To Consultant: CommSys, Incorporated 3033 Kettering Boulevard, Suite 300 Dayton, Ohio 45439 Fax (937) 220 -4919 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 facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, s, 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 either party upon thirty (30) days written notice of termination to the other party. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION-VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed 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 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 terns of this Agr=nent, maintain all necessary licenses, permits, approvals, waivers, continuing education, 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 fiilly, 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: pMARIA D. HUIZAR r Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: [S�J2�b Ll Laura A.. Rossini Senior Assistant City Attorney ROVi FN APPROVAL: CARLOS R Acting Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager EXHIBIT A [COMMSYS CLIPSTM End User Software License Agreement This AGREEMENT (hereinafter "Agreement ") is entered into and made effective this , by and between CommSys, Inc., (hereinafter "CommSys "), with its principal place of business located at 3033 Kettering Blvd, Ste 300, Dayton, OH 45439 and of business at (hereinafter "Customer "), with its principal place I. Background As used herein, the term "Licensed Program Materials" shall include the programs and related documentation described in Exhibit "A" attached hereto and incorporated herein by this reference, as well as any other programs of CommSys furnished to Customer, whether referred to as "software ", "firmware" or otherwise, wherever resident and on any media, whether separately licensed, furnished as apart of equipment, or provided as a result of software services. Licensed Program Materials may include programs and related documentation that are owned by third parties and distributed by CommSys under license from the owner. 2. License CommSys hereby grants to Customer a non - exclusive and non - transferable perpetual license to use the Licensed Program Materials only on or in connection with the Customer's designated computer equipment as specified in Appendix A ( "Designated Equipment "), subject to all the terms and conditions of this License Agreement, including the License Restrictions contained in Section 3 below. I License Restrictions The foregoing license is subject to the following restrictions: (a) Customer may not make any copies of the Licensed Program Materials, except one copy solely for archival purposes. Customer is permitted to make copies as part of an equipment data backup. However such copies shall not be utilized on other equipment than the Designated Equipment except as provided for in item 3 (d). (b) On any copy of the Licensed Program Materials made by the Customer, Customer shall reproduce all copyright notices and any other proprietary legends. (c) Customer shall at all times use reasonable efforts to maintain the confidentiality of the Licensed Program Materials (and any other CommSys material related to This document contains information confidential to CommSys Incorporated Page 1 of 9 the Licensed Program Materials or the Designated Equipment) and may not sublicense, transfer, sell, rent, disclose, make available or otherwise communicate the Licensed Program Materials to any other person, nor use the Licensed Program Materials except as expressly authorized under this License Agreement. (d) The Licensed Program Materials may only be used in connection with the single unit of the Designated Equipment identified in Exhibit "A ", unless the Designated Equipment becomes temporarily inoperable, in which case the Licensed Program Materials may be used temporarily on back -up equipment only for the period during which the Designated Equipment is inoperative. (e) Customer may use the Licensed Program Materials, and Customer shall not permit the Licensed Program Materials to be used by or for the benefit of any other party, nor use the Licensed Program Materials at any time after this Agreement terminates or after the term of Customer's license to use the Licensed Program Materials expires. (f) Customer shall destroy Licensed Program Materials, or return the Licensed Program Materials to CommSys, in the event (i) Customer ceases to use the Licensed Program Materials, (ii) this License agreement terminates, or (iii) the term of Customer's license to use the Licensed Program Materials expires. (g) The Licensed Program Materials and all copies thereof shall at all times remain the sole and exclusive property of CommSys, and Customer shall obtain no title to the same. (h) If the Customer sells or otherwise disposes of Customer owned media on which the Licensed Program Materials are fixed, such media must be erased before such sale or disposal. (i) Customer may not disassemble, decompile or reverse engineer the Licensed Program Materials. Q) Customer may not use, nor ship, transmit or otherwise transfer, directly or indirectly, the Licensed Program Materials outside the United States. (k) Customer may not use encumber, timeshare, rent or lease the rights granted by this Agreement. (1) Customer may not publish or otherwise disclose information relating to performance of the License Program Materials or produced using Licensed Program Materials to any third party. This document contains information confidential to CommSys Incorporated Page 2 of 9 4. Warranties and Indemnification A. COMMSYS WARRANTS THAT THE LICENSED PROGRAM MATERIALS WILL REASONABLY CONFORM TO THE SPECIFICATIONS SET FORTH IN THE CLIPSTM PRODUCT DESCRIPTIONS. COMMSYS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL COMMSYS BE LIABLE FOR ANY LOST REVENUES OR PROFITS, OR OTHER SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, EVEN IF COMMSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IT IS AGREED THAT COMMSYS'S LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY CUSTOMER TO COMMSYS. B. CommSys shall not be liable for any expense, loss or damages incurred by Customer, whether internal to Customer or paid by Customer to any third party, and Customer hereby agrees to protect, indemnify save and hold CommSys harmless from and against all liability, awards, judgments, decrees and settlements effected of whatever nature for any and all bodily injury (including death) and /or property casualty damage arising out of a failure of the Licensed Program Materials to function or due to any malfunction of the Licensed Program Materials, or its obligations under this Agreement, and shall defend any such claim and pay all reasonable and necessary costs and expense of the defense thereof. 5. Infringement A. CommSys agrees to promptly investigate and defend, at its own expense, any claim asserted against Customer, for infringement, contributory infringement, inducement of infringement, or unauthorized or unlawful use of any patent, copyright, trademark, trade secret or other intellectual property right resulting from the distribution, reproduction, reproduction, licensing, marketing, use or other disposition of the Licensed Program Materials. CommSys further agrees to indemnify and hold Customer harmless against any loss, damage, or expense resulting from any such claim, including satisfying any and all awards or judgments that may be rendered thereon. CommSys warrants that there is no current litigation, or prospective litigation, of which CommSys has knowledge at the time of execution of this Agreement, involving the Licensed Program Materials. This document contains information confidential to CommSys Incorporated Page 3 of 9 B. It is agreed that CommSys's liability hereunder shall in no event exceed the sum of the actual license fees paid by Customer to CommSys or CommSys's Reseller. 6. Term and Termination A. Customer may terminate the license of the Licensed Program Materials upon sixty (60) days prior written notice before the expiration of the initial term or any renewal term. B. Either party may terminate this Agreement at any time should the other party default on any of its material obligations (including, without limitation, Section 3, License Restrictions) under this Agreement if, within thirty (30) days after written notice, such other party has failed to begin good faith efforts to cure the default. Such written notice shall specify the default and state the intention to terminate if the default is not cured. C. The License Restrictions contained in Section 3 shall survive the expiration or termination of this Agreement. 7. Relationship The only relationship between Customer and CommSys which is intended to be created by this Agreement is that of licensor and licensee, and neither party shall be nor represent itself to be, an agent, employee, partner or joint venturer of the other, nor shall either party transact any business in the name of the other, nor on the other's behalf, nor in any manner or form make promises, representations or warranties or incur any liability, direct or indirect, contingent or fixed, for or on behalf of the other party. 8. Force Majeure A. If either of the parties to this Agreement are prevented from the performance of this Agreement by force majeure such as government action or inaction, war, serious fire, flood, typhoon or earthquake, other natural calamities, or other forces beyond the control of the parties, the time for the performance of the Agreement shall be extended by a period equal to the effect of such causes, and neither party shall be responsible for loss or damages due to the delay. B. Should the effect of force majeure continue more than one hundred fifty (150) days, both parties shall settle the further execution of this Agreement through friendly negotiations as soon as possible. This document contains information confidential to CommSys Incorporated Page 4 of 9 9. Notices A. All notices which Customer may desire to give CommSys hereunder shall be served by sending them addressed to: CommSys, Inc. 3033 Kettering Blvd, Ste 300 Dayton, OH 45439 FAX: (937) 220 -4919 or such other address as CommSys may designate in writing. B. All notices which CommSys may desire to give to Customer hereunder shall be served by sending them addressed to: 10. Assignment The provisions of this Agreement shall adhere to the benefit of and be binding upon the parties hereto, their successors and assigns; provided however, that neither party may assign this Agreement without the express written consent of the other party, which consent shall not be unreasonably withheld; and provided further that no assignment of this Agreement shall operate as a release of either of the parties hereto. 11. Entire Agreement Each party acknowledges that it has read this Agreement and agrees to be bound by its terms and that it is the complete and exclusive agreement and understanding between the parties, which supersedes all previous understandings, negotiations, and proposals, whether oral or written. No modification, amendment, waiver, consent or discharge in connection with this Agreement or any of its provisions shall be binding upon either party unless in writing and signed by the party sought to be charged with the same. This document contains information confidential to CommSys Incorporated Page 5 of 9 12. Headings The numbered paragraph headings herein are for convenience only and shall not be considered part of, nor affect, the interpretation of any provision of this Agreement. 13. Waiver or Delay Any waiver or delay in the exercise by either party hereto of its right to terminate hereunder or to enforce any provision of this Agreement for any breach by the other party shall not prejudice either party's right of termination or enforcement for any further, continuing or other breach by the other party. 14. Conflicting Documents In the event that any specific wording of this Agreement shall conflict with any provision of any printed terms and conditions contained on purchase orders, standards, acceptance forms, procurement and functional specifications, etc., necessarily a part of or associated with the business conducted under this Agreement, the wording of this Agreement shall prevail. 15. Severability In the event that any provision contained in this Agreement should, for any reason, be held to be invalid or unenforceable in any respect under the laws of any State or the United States, such invalidity or unenforceability shall not affect any other provision of this Agreement. Instead this Agreement shall be construed as if such invalid or unenforceable provision had not been contained herein. 16. Publicity Releases No publicity release or similar public information concerning this Agreement shall be published by either party without the prior written consent of the other party, which approval shall not be unreasonably withheld. This document contains information confidential to CommSys Incorporated Page 6 of 9 17. Effective Date and Term This Agreement shall become effective on the date first written above and, shall continue until terminated pursuant to Paragraphs titled 'Term and Termination ". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Customer CommSys Incorporated Signature Signature Title Date Customer Leqal Name This document contains information confidential to CommSys Incorporated Page 7 of 9 £ammSys Exhibit "A" Description of Software, Documentation and Trademarks The following is a part of the Software Agreement effective by and between CommSys and Customer. 1.0 The Licensed Program Material is: CLIPSTM for California 2.0 The Copyright Notices and Trademarks mentioned in Section 3 (b) of the Agreement are: ConnectCICTM CLIPSTM 3.0 The Designated Equipment and the Operating System Environment are: A PC computer (physical or virtual) to act as the central CLIPSTM server, utilizing one of the following Microsoft operating systems: • Microsoft Windows Version 7, • Microsoft Windows Server 2003 • Microsoft Windows Server 2008 • Microsoft Windows Server 2012 The server PC is required to be configured to utilize Microsoft's Internet Information Server (IIS) for a web server. Furthermore, a copy of Microsoft's database software is also required. The database software can be one of the following: • Microsoft SQL Server 2005 (Any edition) • Microsoft SQL Server 2008 (Any edition) • Microsoft SQL Server 2012 (Any edition) In addition, CommSys will supply a copy of the PHP web language interpreter to be installed in the IIS server. PHP is an open source product, provided at no cost to the end user. PHP is required for the proper operation of the CLIPSTM software This document contains information confidential to CommSys Incorporated Page 8 of 9 4.0 The Deliverables are: 1. One Copy of object code on CD -ROM media. One Copy of Documentation entitled "CLIPST" Administration Guide," and CLIPST"^ User's Guide" on CD -ROM media. This document contains information confidential to CommSys Incorporated Page 9 of 9 BXI3IBIT B CommSys Dayton, OH 45439 3033 Kettering Blvd Bill To Santa Ana Police Department 60 Civic Center Plaza PO Box 1981 Santa Ana,CA 92702 Attn: Accounts Payable Ship To Invoice Date Invoice # 12/17/2013 4200�� P.O. Number _ Terms Rep Ship Via F.O.B. Project Seventh Amendm... N30 RT 1/1/2014 N/A Quantity Item Code Description U/M Price Each Amount 1 PS- 0202 -200 Business Flours Regional /Custom ConnectClC yr 3,000.00 3,000.00 Interface Support 1 PS- 0202.125 240 Real -Time Return Data Mining Support yr 1,000.00 1,000.00 1 Agency (Santa Ana Police Department, CA) Other 0.00 0.00 1 Dates of Support (1/1/14 - 12/31/14) Other 0.00 0.00 1 2427 Support (Level of Support) �. Other 0.00 0.00 We appreciate your business Total $4,000.00 ACOR® CERTIFICATE OF LIABILITY INSURANCE TM DATE( 6 /201 Y) 02/26/2014 PRODUCER Thompson Thom Insurance Associates, Inc. p Technology Risk Solutions PO Box 546 Dublin, Ohio 43017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL# INSURED Commsys, Inc. 3033 Kettering Blvd Ste 300 Dayton, OH 45439 INSURERA: The Hartford POLICVEFFECTIVE INSURER B: LIMITS INSURER G: ✓ INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTR ADD' S Santa Ana,CA 92701 POLICY NUMBER POLICVEFFECTIVE POLICY EXPIRATION LIMITS AUTHORIZED REPRESENTATIVE PAT THOMPSON, CPCU ✓ GENERAL LIABILITY EACH OCCURRENCE $2000000 A COMMERCIAL GENERAL LIASI LITY PREMSES(Eaoccwence ) $2000000 CLAIMS MADE OCCUR MED EXP(Any one person) $5000 PERSONAL &ADVINJURV $1000000 PAS03934579 02/01/14 02/01/15 GENERAL AGGREGATE $4000000 G EVIL AGO REGATE LIMIT APPLI ES PER: PRODUCTS- COMP /OP AGO $4000000 POLICY PRO LOC A AUTOMOBILE LIABILITY PAS03934579 02/01/14 02/01/15 COMBINED SINGLE LIMIT $ 1000000 ANY AUTO (Ea accident) BODILY INJURY $ ALLOWNED AUTOS SCHEDULEDAUTOS (Per person) BODILY INJURY a HIRED AUTOS NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAG E LIABILITY AUTO ONLY - EA ACCI DENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTOONLV: AGO EXCESSIUM BRELLA LIASI LITY EACH OCCURRENCE $3,000,000 A OCCUR CLAIMS MADE AGGREGATE $3,000,000 $ PAS03934579 02/01/14 02/01/15 $ DEDUCTIBLE $ RETENTION $ WORKERSCOMPENSATIONAND TORWCY S LIMIT TATU- Y / OTH- E.L. EACH ACCIDENT $1000000 A EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE PAS03934579 02/01/14 02/01/15 E.L .DISEASE - EA EMPLOYEE $1000000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $1000000 OTHER $1,000,000 • Technology Professional PAS03934579 02/01/14 02/01/15 Liability DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS The City of Santa Ana, its officers, agents and employees are named as additional insured with respect to general liability. Coverage is primary and non contributory. General liabilty per project limits endorsement applies f c CERTIFICATE HOLDER CANCELLATION v r r v— ACORD 25 (2001/08) ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 20 Civic Center Plaza NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Santa Ana,CA 92701 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE PAT THOMPSON, CPCU ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)