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C;) Addendum to the Agreements by and between CivicPlus, LLC and Santa Ana Police, CA
<br /> Master Service Agreement and Statement of Work
<br /> Addendum
<br /> THIS Master Services Agreement and Statement of Work Addendum ("Addendum") hereby sets forth the (i) additional terms and
<br /> conditions applicable to the Master Services Agreement, found at: httpsJ/www.civicpIus.helplhclen-uslp/legal-stuff, and/or Statement of
<br /> Work("Agreements")and/or(ii)amendments to specific provisions of the terms and conditions which exist in the Agreements(collectively,
<br /> the"Special Terms"),as described below,as agreed upon by C[VIGPIUS and Kenosha County,Wl.The Special Terms shall be deemed to
<br /> amend,modify,supplement, replace and/or supersede(as applicable)any inconsistent provisions of the Agreements,to the extent of the
<br /> inconsistency.
<br /> ALL TERMS AND CONDITIONS OF THE AGREEMENTS NOT EXPRESSLEY MODIFIED HEREIN SHALL REMAIN IN FULL FORCE
<br /> AND EFFECT.
<br /> Capitalized terms used and not defined herein shall have the meanings assigned to them in the Agreements(to which this Addendum is
<br /> attached and incorporated).
<br /> 1. ADDITIONAL SECTIONS
<br /> 49.Insurance Requirements
<br /> CivicPlus shall procure and maintain for the duration of the contract insurance against claims for security breaches,system failures,
<br /> injuries to persons, damages to software, and damages to property(including computer equipment),theft,or other misuse of Customer's
<br /> data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the
<br /> performance of the work hereunder by CivicPlus, its agents, representatives, or employees.
<br /> MINIMUM SCOPE AND LIMIT OF INSURANCE
<br /> Coverage shall be at least as broad as:
<br /> 1. Technology Professional Liability Errors and Omissions Insurance(E&O): appropriate to the Consultant's profession and work
<br /> hereunder, with limits not less than$1,000,000 per occurrence and$2,000,000 aggregate. Coverage shall be sufficiently broad to respond
<br /> to the duties and obligations as is undertaken by the CivicPlus in this agreement and shall include, but not be limited to, claims involving
<br /> business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide
<br /> coverage for CivicPlus's failure to provide professional services and/or products under this Agreement. The Policy shall include, or be
<br /> endorsed to include,damage to, alteration of, loss of, or destruction of electronic data and/or information"property"of Customer in the
<br /> care, custody, or control of CivicPlus.
<br /> 2.Workers'Compensation as required by the State of California,with statutory limits, and Employer's Liability insurance with limits of no
<br /> less than$1,000,000 per accident, policy, employee,for bodily injury or disease.
<br /> If CivicPlus maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, Customer requires
<br /> and shall be entitled to the broader coverage and/or the higher limits maintained by CivicPlus.Any available insurance proceeds in excess
<br /> of the specified minimum limits of insurance and coverage shall be available to Customer.
<br /> Other Insurance Provisions
<br /> The above required insurance policies are to contain or be endorsed to contain the following provisions:
<br /> 1. City of Santa Ana, its City Council, its officers, officials,employees, and agents, are to be added as additional insureds, under
<br /> CivicPlus's E&O policy,with respect to any liability arising out of work or operations performed by or on behalf of the CivicPlus
<br /> including materials, parts, equipment, and personnel furnished in connection with such work or operations.
<br /> 2. CivicPlus's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers,
<br /> officials,employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by
<br /> CivicPlus under this Agreement.
<br /> 3. For any claims related to this contract, CivicPlus's insurance coverage shall be primary and any insurance maintained by City of Santa
<br /> Ana,. its City Council, its officers, officials,employees, agents, or volunteers shall not contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds, ensuring that CIVICPIUS'S insurance shall apply separately
<br /> to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability.
<br /> 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended,voided, reduced in coverage or in
<br /> limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City.
<br /> Written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium within thirty(30)days.
<br /> 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff
<br /> Responsible for Agreement),Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701,The name and
<br /> location of project must be included in the Description of Operations section of each certificate.
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<br /> Addendum to Master Services Agreement
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