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HomeMy WebLinkAboutGEOSPATIAL TECHNOLOGIES, INC. 6 - 2015INSURANCE ON PILE q QORK MAY PROCEED NTIL I SURANCE EXPIRES CLERK UR COUNCIL DATE' 11 '2 Z-- A-2015-043 _ C7 SOFTWARE MAINTENANCE AND SITE LICENSE AGREEMENT C� p THIS AGREEMENT, made and entered into this 7th day of April, 2015 by and between GeoSpatial Technotogies, Inc., a California Corporation, (hereinafter "GST"), and the City of Santa Ana; a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain GST to maintain and license crime mapping software and also to provide a license agreement for this software, GST represents that it is able and willing to provide these services. B, GST represents that it is the owner of GST CrimeMap Pro Software, GST CrimeMap Lite Software, and GST Crime Map Mobile Software and as such, it is the only company able to maintain the software and provide site licensing for the City's use of the software. C. In undertaking the performance of this Agreement, GST represents that it is knowledgeable in its field and that any services performed by GST under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. D. City has used the CrimeMap software since approximately 2009 and during that time it has been maintained and licensed by GST. The parties intended to enter into a new agreement as of August 3, 2014, and conducted themselves pursuant to their continued agreement to provide for and pay for services associated with the maintenance and use of the software: NOW THEREFORE, in consideration of the mutua I and respective' promises, and subject to the terms and conditions Hereinafter set forth, the parties agree as follows: 1, SCOPE OF SERVICES GST shall perform those services as set forth in terms and conditions set forth in the attached Exhibit "A" to this Agreement and incorporated herein by reference. 2. COi`.'IPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in the quote attached hereto as Exhibit "B" and incorporated herein by reference, The total sum to be expended under this Agreement shall be not more than $36,500 total at a cost of $10,500 annually with a $5,000 contingency for unanticipated expenses to be exercised at the City's option only as necessary. 3. TERM This Agreement shall commence on the date first written above and terminate on August 2, 2017, unless terminated earlier in accordance with Section 12, below. As noted above, to provide a continuity of service, this agreement is untended to cover services provided since August 3, 2014 in compliance with the parties' intent to renew the software maintenance and licensing agreement. 4, INDEPENDENT CONTRACTOR GST shall, during the entire terns of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shalt 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 GST performs the services which are the subject matter of this Agreement; however, the services to be provided by GST shall be provided in a manner consistent with all applicable standards arid regulations governing such services. GST 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 applicableyvithholding taxes. 5, INSURANCE Prior to undertaking performance of work under this Agreement, GST shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance; GST shall maintain commercial general liability insurance which 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 EST's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The arnounts 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, $2;000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance prograins maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Corte; GST, if CST has any employees, is required to be insured against liability for worker's compensation or to undertake sett - insurance, Prior to commencing the performance of the work under this Agreement, GST agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If GST is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by GST pursuant to this section: (i) GST 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 fomi 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. f. If GST 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 GST's right to be paid for its time and materials expended prior to notification of termination. GST waives the right to receive compensation and agrees to indemnify the City for :any work performed prior to approval of insurance by the City. G. INDEMNIFICATION GST agrees to and shall indernify and hold harmless the City, its officers, agents, employees, GSTs, 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 death, and claims for property damage, which may arise from the direct or indirect operations of the GST 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, oralleged 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 GST further agrees to indemnify, hold harmless, and pay all costs for the defense of the City; including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement,, or asserting that personal injury, damages; just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If GST receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, GST 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 in fornatiouincludes 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 fauttof the GST disclosed in a publicly available source; (e) is in rightful possession of the GST without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the GST without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE CST 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 shalt 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 Santa Ana, CA 92702 -1988 Fax 714- 647-6956 With courtesy copies to: and To GST: Chief of Police Santa Ana Police Department 20 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.0) Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Mr. Hong Chou Gen Spatial Technologics Inc. 10055 Stater Avenue, Suite 214 Fountain Valley, California 92708 Fax (714) 861 -7032 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transni tied 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 trail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefaesimi,le, communication shah be effective or deemed to have been given twenty -four (24) hours 4 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 GST, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms ofthis 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 GST. 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 heceoP, shall not bind or obligate CST nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of GST, GST 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 wluch are the subject to this Agreement performed by City persotmel or by other GSTs retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, GST shall be entitled to receive and the City shall pay GST compensation for all services performed by GST prior to receipt of such notice of termination, subject to the condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13, DISCRIMINATION GST 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. GST affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. VENUE The parties fiuthcr 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 GST shall; throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the taws and regulations of the United States, the State of California, the City of Santa Ana and all other govcrnnientaI agoncies. GST shall notify the City immediately and in writing of inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. IS. NIISCELLANEOUS 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 shalt indemnify City Rally, 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 ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR, ��JJ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas -- ChiefoPPolice CPPY OANTA ANA� DAVID CAVAZOS City Manager GEOSPATIAL TECHNOLOGIES, INC. .GHong Cho} y+DIO Off CPo�'itle) EXHIBIT A —Terms and Conditions (GST GeoSpatiel Technologies, Inc. Software Annual Maintenance Agreement GeoSpatial Technologies, Inc. (hereinafter referred to as GST) shall provide mantenancQ and support services under this Software Annual Maintenance Agreement (hereinafter referred to as Agreement) for City of Santa Ana Police Department (hereinafter referred to as Customer) during the period from Au ju t 3, 2014 to August 2, 2015, with options to extend for addition 2 years, upon payment of the annual maintenance fee for the products listed in the section of Products Covered, 1. PRODUCTS COVERED GST maintenance and support services are provided only for the software products listed in either Purchase Contract, Purchase Order, GST Quote, or GST Invoice with the entire amount of Software Annual Maintenance Fee paid in full: on or before the commencement of each 12 -month period. It, MAINTENANCE AND SUPPORT GST shall provide maintenance and support services to the End User. Maintenance and support services shall include, but not limited to. (a) Telephone and E -mail Support: GST will provide telephone and e-mail assistance. You must provide GST with remote access through the Internet to the computers installed with GST software. By calling the GST technical support number, you will reach a trained support analyst of whom you may ask questions or seek advice relating to the use of GST software. The analyst will assist you in utilizing your GST software, and in identifying and providing a work around, if possible, for any software problems found with GST software. GST support services do not include hardware, network, operating systems, or third party software, Support will be provided weekdays from 9 :00 a.m. to 6:00 p.m, Pacific Standard Tune, excluding weekends and holidays. (b) Response Times: In the event that the End User experiences a critical system failure, which shall be deemed to have occurred if the system is down or inoperable, meaning that the Sad User cannot use the Systean and/or the System is off -like, for longer than '1h hour, GST shall respond and look into correcting the problem immediately upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. For all other non - critical failuresy GST shall respond and attempt to correct the problem within four (4) hours upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. If problems cannot be resolved within four (4) hours, the problem will be automatically escalated to Application Teclinical Lead or the VP of Product Management for resolution. After consultation between the VP of Product Management and support staff, GST will provide a plan of action for resolution to the End User. (c) Bug-fixes and Upgrades: CST will provide bug -fixes and upgrades to the GST software when they are available at no additional charge during the term of the maintenance program. ('GST (d) Corrective Maintenance: CST will provide corrections to the supported software using Internet connections, provided you have a high -speed Internet connection on your system allowing GST remote access; during standard support hours. (e) GST Training: The End User under software annual maintenance program receives 50% discounts for all training programs held at DST's facility. (f) Software Cuactrization and Enhancement: The End User under the software annual maintenance program receives a 20% discount for any software custotnization services. End User requested enhancements or modifications of GST software are not included in the support plan price. GST agrees to review requests from the End User and to provide a quote for the requested enhancement based on time and cost anticipated. (g) Excluded Service: The maintenance and support described herein does not include the correction of software failures due to causes beyond the control of GST and occurring without the fault or negligence of GST such as, but not limited to acts of God, catastrophe, fault, or negligence of the End User; operator error, manipulation of the object or source code (unless approved by GST in writing prior to such manipulation), improper use or misuse of the system or any part thereof, Any such excluded service, whether on -site or off -site, will be_provided at the request of the ,End User at GST per call rates and terms then in effect. (h) Support of Old Software: Users are required to install all updated software and any hug fixes in a timely manner; including operating system software; If you fail to keep your system current, GST may no longer support your system. GST will support old releases of a product for two years after new releases become available. For subsequent years after new releases becomes available, if requested by End User, GST may continue to support such old releases for an annual increase in support fee of 40 %. (i) Lapsed Support: If the End User intends to renew maintenance after the previous maintenance program has expired for over two (2) months, a supplemental fee of 50% of the annual maintenance shall be dine GST for the first year of maintenance following your need for maintenance again, in addition to the maintenance fee already due herein, (k) On -site support: On -site support is not covered by the standard software maintenance support. Per End User's request, GST will provide on -site support if GST determines that such support is required to resolve the reported problem. In this case, GST will dispatch one or more members of its support staff to your site who will attempt to recreate and resolve the problem(s) reported. During this time it is expected that members of your staff will be available to answer questions and provide information regarding your system, if required, Orr -site support will be charged at GST per call rates and terms then in effect, plus travel and per diem for GST staff sent on -site. III. SYSTEM MODIFICATION (a) GST- gencrated modifications: Changes or replacement of the computer equipment, operating system and its related software, or other third party software may require GST software support and/or (GST software modification to allow GST products to work with the new equipment, operating system, and/or third party software. These support and/or modification services will be provided by GST at the End User's request at Our then quoted prices. (b) End User - generated modifications: GST will not be responsible for any damage to your CST software or data caused by upgrades to the operating system or replacement of hardware without DST's prior written concurrence that said upgrade would function properly. Services required as a resent, of modifications to GST's systems made by the End User are not considered normal maintenance and are not provided as mart of GST's Software iylamtenanee Program (c) External System, Modifications: In the event any external system is modified beyond that anticipated by the terms of the underlying End User License Agreement; the End User shall notify GST of such changes immediately upon receipt of notification from the respective entity /entities and request that GST prepare a. proposal to include a time and cost estimate, for the work to be performed which constitutes a change from the originally agreed upon configuration and work description as presented in the underlying End User License Agreement, GST shall, with thirty (30) days after receiving said notice, furnish a writteu proposal to the End User provided the required modifications are commercially, technically and practically feasible, Upon receipt of GST's proposal, the End User shall determine whether it desires the work to be performed, and if so shalt issue a Notice to Proceed within ten (10) days, at which time GST will perform the necessary modifications for the additional mutually agreed upon compensation. IV. END USER RESPONSIBILITIES fa) Software Pro lems and Renarting: The End User agrees to limit use of LIST maintenance service to occasions when GST system software fails to operate in accordance with the product specifications as defined in the original purchase contract. To facilitate the problem solving process, the End User agrees to assist GST in their efforts to duplicate the software problem by providing a written problem report, Additionally, GST may ask that you furnish a listing of software problems rather than calling on each individual item over a short period of time so that our support team can better assist you. (b) Pa tint; The End User is responsible for ensuring that all amounts payable under the software annual maintenance program are received by GST on or before the commencement of the maintenance program. The End User's, failure to remit payment to GST for such maintenance services provided or to be provided shall entitle GST to deny further ma ntemnce services to the End User, (c) Updates: The End User and all users of GST software are responsible for installing all updates to software, hardware, and fixes in a timely manner. Failure to keep your system updated can, at CYST's, sole discretion, result in the immediate discontinuation of maintenance support. (d) System Administration> The End User is responsible for identifying a System Administrator, as well as a back -up System Administrator, who will function as EST's primary and secondary contact for any maintenance services to be provided under the software maintenance program Such System Administrator, or, in the absence of the Systems Administrator, the back up, shall be EST's sole contact for technical assistance. The System Administrator and backup System Administrator must �ST be trained in the administration of computer hardware, operating systern, networking, and database. GST support staff will assist you in identifying system problems as a function of maintenance support. However, if a problem is identified as a system administration responsibility, Kiither assistance from GST support staff is billed at our then current hourly rates and terms.. V. WARRANTIES (a) Limited Warranty for Services Any services being provided to the End User in accordance with the software maintenance program are offered on a best - efforts basis only, GST may not be, able to resolve every service request made. Although GST will attempt to provide some guidance and direction, GST is not responsible for resolving issues related to networks, operating systems, back - end databases or hardware. ft is the End User's responsibility to keep adequate data backups. GST will not be responsible for any lost data. ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. Vt. LIMITATION OF LIABILITY The End User's sole and exclusive remedies for any damage or loss in any way connected with any software or services furnished by GST, after- acceptance of the GST software system; whether by GST's breach of warranty, negligence, or any other breach of any other duty, shall be, at GST option, replacement of the software or re- performance of service or return or credit of an appropriate portion of any payments made, or to be made, to GST with respect to such software or services. Under no circumstances shall GST be liable to you or any other person for any special, incidental, indirect or consequential damages of character, including, without limitation, damages for loss of good will, work stoppage,, computer' failure or malfunction, or any and all other commercial damages or losses, even if GST has been advised of the possibility of such potential loss or damage. VILCHOICE OF LAW Interpretation of this Agreement shall be governed by the laws of the State of California, VIII. STATUTE OF LIMITATIONS No action or claim relating to or arising out of the software annual maintenance program nnay be instituted usore than one (1) year after the event giving rise to such action or claim. EXHIBIT B -Quote ('GST GeoSpatial Teclinologles, Inc. Quote for Santa Ana Police Department 10055 Slater Ave., Suite 214 Fountain Valley, CA 92708 Phone: (714) 861-7033 Fax: (714) 861 -7032 3/16/2015 GST Public Safety System GST Part Number Description QTY I Unit Price Amount Service SV -SW -AMP Software Annual Maintenance Fee for City of Santa Ana Police Department covering the period 8/3/2014 - .8/2/2015 for the following software products: 1 $ 10,500.00 $ 10,500.00 1. GST CrlmeMap Pro Software Site License 2, GST CrimeMapLite Software Site License 3, GST CrlmeMap Mobile Software Site License Service SV -SW -AMF Software Annual Maintenance Fee for City of: Santa Ana. Police Department for the same software products for the period 8/3/2016 •8/2/2016. 1 $ 10,500.00 $ 9.0,500.00 Service SV -SW -AMF Software Annual Maintenance Fee for City of :Santa Ana Police Department for the same software products for the period 8 /3/2016: - $12/2017. 1 $ 10,500.00 $ 10,500,00 Annual Maintenance Fee Total $ 31,500.00 Grand Total (AMF -and Service) $ 31,800.00 Notes; 1 AMF paid client Is entitled to technical support through email and telephone (M -F, 9:00AM- 5:30PM, PST), bugfixes and free software upgrades through the year, and discounts for EST's training programs andoustomiiation, 2 Price stated above is good for ninety (90) days from the date of this quotation. 3 Software maintenance services will be provided, and billed, on an annual basis. 4 Payment.Terms: AMP payment is due prior to the commencement date of each 12 -month period. A E'° CERTIFICATE OF LIABILITY INSURANCE DATE 01/27/22015 015 Y) (MM 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(les) 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 Phone: 626 1 Fax: (626) 655 -0979 CONTACT Emery-Le-e— KCAL INSURANCE AGENCY _- -- - - - -- ac�N E �L626.855 8288 _ -- .- .,.. -_ FAX rye).. (626) 855.0979 2048 S. HACIENDA BLVD. E -MAIL - -- -- -- HACIENDA HEIGHTS, CA 91745 ADDRESS _ _ _ ... MSURER(S) AFFORDING COVERAGE NAICIN Agency UOIn OB07015 INSURER A: HARTFORD GEOSPATIAL TECHNOLOGIES, INC. INSURER 10055 SLATER AVE., STE4214 INSURER FOUNTAIN VALLEY CA 92708 INSURER D: NSUPER E INSURERF -. COVERAGES CERTIFICATE NUMBER: 23529 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AEOVE 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. HAD gppL sUBR pOLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INS, WVp _ - - __. LMMIDDIYVyyt (MMioomvvL GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED------ PREMISES (Tao ) -- $ �CLAIMS-MADE I .]OCCUR I, MED. ENT (Any one pereoR) IS II PERSONAL & ADV INJURY $ GENERAL AGGREGATE IS GEN..S...- ...... --------- _ ..... . ..... .... 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS --- - COMPIOPAGG $ POLICY . 1 JECT - LOC _ ........ ......... $ -. - _- -. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E tl tl ANY AUTO BODILY INJURY (Per person) S SCHEDULED . .... ... . ..... — -- - ALL OWNED Ir /AUTOS /III BODILY INJURY(Perecadent) 5 _ -AUTOS HIRED AUTOS I NON -OWNED PROPeniv oANIFlGE _ S -- AUTOS Ip a np _ I $ _- . - UMBRELLA LIAR I OCCUR I EACH OCCURRENCE $ EXCESS LIAB { CLAIMS MADE AGGREGATE $ _- - _- _' .__. --- ._ - DED� /RETENTION $ $ A - - -- TTO YLIMIT r OTH WORKERS COMPENSATION 72WECEV71$6 01/22/15 01122/16 `TORY S ANO EMPLOYERS' LIABILITY _ ANY PROPRIETORIPARTNEWEXECUTIVE YIN, 1 E.L. EACH ACCIDENT $ 1,000 QQQ DFFICERIMEMBER EXCLUDED? NIA EL DISEASEEA EMPLOYEE $ 1,000,000 Uyes (Mendarmy In NH) DESCRIPTONantler SE I " - -, 00 pEecRIPTONOF OPERATIONS nalow I E.L. DISEASE-POLICY LIMIT ;$ 1,000,QQQ l ___..... - - - _- — - _ ..... .. - - ._. --- - ____.____ - _- - ........ _........ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACERB 101, Additional Remarks sched Nle, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE I ne AUUHU name ana logo are registerea marhS of AUUHU AECIIR ' CERTIFICATE OF LIABILITY INSURANCE DA 04i21/2D14 THIS CERTIFICATE IS ISSUED AS A MATTER OF FORM Y AND CONFERS NO RIGHTS UPON-TIHE CERTIFICATE HOMER, 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the palicyges) 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 Ileu of such a dorsement a . PRODUCER CS &SINEW CENTURY INS SERVICES INC. PO Box 946500 Maitland, FL 32794.6580 1.877.724.2668 G PHONE M, ,Ea: O, No: ADDRESS: INSURERS AFFORDING COVERAGE NAIC 5 INSURER A: National Fire Insurance of Hartford 20478 INSURED GEOSPATIAL TECHNOLOGIES, INC, 10055 SLATER AVENUE, SUITE 214 FOUNTAIN VALLEY, CA 92708 INSURER s: Continental Casualty Company 20443 INSURER c: INSURER o: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS 18 TO CERTIFY AT THE POLICIES OP IN URANCE LISTED 6E O HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTI4ER 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 CONOI nQNS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,Nm TYPE OF INSURANCE IN6RR WYO POUCY NUTA09R POUCY EFP POLICY EXP LIMITS A aENERALLIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE R OCCUR Y 4029432517 06 /01114 66101/16 EACHOCCURRENCS r 1,C00,000 QAMPGE TO RENTED MSMISE91US xcumnml S 300,000 MED UP (Any .Peraotq 10,000 PERSONAL &ADV INJURY a 1066660 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREOATS p01. CV LIMITAPPLICIo PER PRO. E OC P,PODUOTe. COMPIOP me $ 2,000,000 A AurauaeaeunaluTY X1 ANY AUTO AU ALI "ED NHCESULED `' L EO HIRPCAUT05 X ATO$ Q 4029432577 06/01 114 08/01115 RAaerdMtl SINGLE S 1,000,000 BOO ILY INJUAY(Por pow) a BODILY INJURVIPer Awdentl $ PROPERTY DAMAGE (PoYIUenI $ S UMBRELLA LIAB E%CE��S,,//S v /Y, CCCUR CLAIM &MADE 4029432498 001/14 06/01/16 EACH OCCURRENCE S 1,000 ODD AGGREGATE 11000,000 OED /� RETENTIONS 10 QDO WORKERSCOMPENSATION AND EMPLOYERS' WADILITY YM ANY PROPRIETOR)PARTNERNIINCUTN5 CFFIGEPIMEIUSER EXCWOED7 (Mendoory M NH) If yes, desdnbe under DESCRIPTIONOFOPERATONSbOm k)/A APP RC [ii l l� D AS' TO O$$ OP'm YLJ TORY UMRA ER E.L EACH ACCIDENT E.L DISEASE, FA RANCYEE S E,L DISEASE - POLICY LIMIT S OTHEfl A5375 ,L AtIt CJr,T ty Ai.ttO rnpy TORY LIMITS TY- ER EL EACH ACCIDENT a E.L. GISEASE - EF RMPLDYEE EA, 0189ASO- POLICY LIMIT S OF PERA I IONS / L A N6 YEHIC ES(AEn ACp rd 101. AP U UCM R16 N A. it Mom LPAM 1. MpN and Certificate Holder and It's officers, employees, agents, volunteers & reprosentativeo. Named as Additional Insured - Owners, Lessees or Contractors. Insurance is primary & non- contributory. Per S8147082.0 CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 139FOR6 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DBLIVEREO IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPHZS5NTATVZ--­- A;Pklem i1P 1988 -2010 ACORD CORPORATION, All rights resarvad, ACORD 25 (2910106) The ACORD name and logo are registered marks of ACORD AD12111ONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company CNA /National Fire Insurance of Hartford This endorsement modifies such insurance as is afforded by the provisions of Policy #4022432517 relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2, With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except alder thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 42701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 06/01114 this endorsement form as a part of Policy# 4029432517 IssuedtoGeospatial Technologies, Inc. Named Insured Countersigned by 1--L— Authorized Representative Laura A. Rossini Assistant City Attorney