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HomeMy WebLinkAboutGEOSPATIAL TECHNOLOGIES, INC. 10INSURANCE NOT ON PILE 14.2016-165 K MAY NOT PROCEED CLERK OF COUNCIL DATE: 7 1016 O: 3APD (/) O TWARE MAINTENANCE AND SITE. LICENSE AGREEMENT Fiscal THIS AGREEMENT is made and entered into this 3rd day of August, 2018 by and between GeoSpatial Technologies, Inc., a Califbrnia Corporation (hereinafter "GST"), and the City of Santa Ana,'a charter city and. municipal corporation organized and existing tinder the Constitution and laws of the State of California ("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, GSB represents that it is the owner of the GST CriineMap Pro Software, GST CrimeMap Lite Software, and GST CrimeMap 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 tinder this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the ficld. NOW THEREFORE, in consideration of the mutual and respective promises, and subj ect to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES GST shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and GST agrees to accept as total payment for its services for City, the rates and charges identified in the quote attached hereto as Exhibit S and incorporated herein by reference. The total sum to be expended under this agreement shall not exceed $10,500. b, Payment by City shall be made within 45 days (forty-five) 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. Page l of 10 3. TERM This Agreement shall continence on the date first written above for one-year unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR GST 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 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 and ,regulations governing such set -vices. 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 applicable withholding taxes. 6. 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 naniing the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 GST's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs 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 Code, GST, if GST has any employees, is required to be insured against liability for worker's compensation or to undertake self-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: Page 2 of 10 Professional liability (errorsandomissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate, 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 by the City. 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. iv. GST shall supply City with a firlly executed additional insured endorsement. 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 affect CST'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. 7. INDEMNIFICATION GST agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, foal 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 negligent operations of the GST, its subcontractors, agents, employees, or other persons acting on its 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, 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. 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. Notwithstanding the foregoing, to the extent DST's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recldessness, or willful misconduct of the GST. Page 3 of 10 8. RECORDS GST shall keep records and invoices in connection with the work to be performed under this Agreement. GST shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to GST under this Agreement. All such records and invoices shall be clearly identifiable. GST shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, GST shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to GST under this Agreement. 9. CONFIDENTIALITY If GST receives from the City information which clue 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 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 GST disclosed in a publicly available source; (c) 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. 10, CONFLICT OF INTEREST CLAUSE GST 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. . 11. 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. Page 4 of 10 12. 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 of this Agreement and any attachments hereto, the terns 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 hereof, shall not bind or obligate GST or 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 is not embodied herein, 13. 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 mull 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 GSTs retained by City. 14. 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 following conditions: a. As a condition of such payment, the Executive Director may require GST to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and GST consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 5 of 10 16. JURISDICTION - VENUE 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, 17, 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 laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. GST shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City hilly, 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. Where any terms or language within the attached exhibits conflict with this Agreement, the language of this Agreement shall be controlling. 19. NOTICE Any notice, tender, demand, delivery, or other conummication 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 fax 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- 6147-6956 Page 6 of 10 With courtesy copies to: Chief of Police Santa Ana Police Department 20 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 To GST; Mr. Hong Chou GeoSpatial Technologies, Inc. 10055 Slater Ave., Ste 214 Fountain Valley, CA 92708 Fax: 714-861-7032 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.Q. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 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 fax, 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. --remainder ofpage intentionally left blank; signature page to follow -- Page 7 of 10 N-2018-185 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar 1 Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Tamara Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: Dani _ in Chief of Police CITY OF SANTA ANA y Rau Godinez 11 City Manager GEOSPATIAL TECHNOLOGIES, INC.: Hong Chou Chief Technology Officer Page 8 of 10 EXHIBIT A SCOPE OF SERVICES N-2018-165 Exhibit A ('GST GeoSpatial Technologies, Inc. Software Annual Maintenance Agreement GeoSpatial Technologies, Inc. (hereinafter referred to as GST) shall provide maintenance and support services under this Software Annual Maintenance Agreement (hereinafter referred to as Agreement) for City of Santa Ana Police Dopartment (hereinafter referred to as Customer) during the period from August 3. 2018 to August 2 2019, with options to extend for additional 4 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. IL MAINTENANCE AND SUPPORT GST shall provide maintenance and support services to End User. Maintenance and support services shall include, but not be 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 Customer in utilizing 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 Time, 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 End User cannot use the System and/or the System is off-line, for longer than '/a 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 failures, 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 Technical 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: GST will provide bug -fixes and upgrades to the GST software when they are available at no additional charge during the term of the software annual maintenance program. � GST (d) Connective Maintenance: GST 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 the software annual maintenance program shall receive a 50% discount for all training programs held at CST's facility. (f) Software Customization and Enhancement: The End User under the software annual maintenance program shall receive a 20% discount for any software customization services. End User requested enhancements or modifications of GST software are not included in the support plan price. GST agrees to review requests from 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 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 bug fixes in a timely manner, including operating system software. If you fail to keep its 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 become available, if requested by End User, GST may continue to support such old releases for an annual increase in the 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 due 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 its system, if required. On-site support will be charged at GST per can rates and terms then In effect, plus travel and per them for GST staff sent on- site. 111. SYSTEM MODIFICATION `GST (a) GST -Generated 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 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 End User's request at GST then quoted prices. (b) End User -Generated Modifications: GST will not be responsible for any damage to your GST software or data caused by upgrades to the operating system or replacement of hardware without GST's prior written concurrence that said upgrade would function properly. Services required as a result of modifications to CST's systems made by the End User are not considered normal maintenance and are not provided as part of CST's software maintenance prograrn (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, within thirty (30) days after receiving said notice, furnish a written 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, shall issue a Notice to Proceed within ten (10) days, at which time GST will perforin the necessary modifications for the additional mutually agreed upon compensation. IV. END USER RESPONSIBILITIES (a) Software Problems and Reporting: The End User agrees to limit use of GST 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 its 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) Payment: 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 farther maintenance 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, mid fixes in a timely manner. Failure to keep your system updated can, at CST'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 GST's primary and secondary contact for any maintenance services to be provided under the software maintenance program. Stich System ('6ST Administrator, or, in the absence of the Systems Administrator, the back up, shall be CST's sole contact for technical assistance. The System Administrator and backup System Administrator must be trained in the administration of computer hardware, operating system, networking, and database. CST 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, farther assistance from CST 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 annual maintenance program are offered on a best-efforts basis only; CST may not be able to resolve every service request made. Although CST 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. It is the End User's responsibility to keep adequate data backups. CST 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, VI, LIMITATION OF LIABILITY The End User's sale and exclusive remedies for any damage or loss in any way connected with any software or services furnished by CST, after acceptance of the CST software system, whether by CST's breach of warranty, negligence, or any other breach of any other duty, shall be, at CST 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 CST 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 any 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 CST 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 may be instituted more than one (t) year after the event giving rise to such action or claim. EXHIBIT B COMPENSATION Pee Proposal including hourly rates if applicable Page 10 of 10 Exhibit B (GSr,r N-2018-165 GeoSpatial Techxtologies, Inc:. Quote for Santa Ana Poke Department 10055 Slater Ave., Suite 214 Fountain Valley, CA 92706 Phone: (714) 861-7033 Fax: (714) 861-7032 711919M A GST Public Safety System GST Part Number Description QTY Unit Price Amount Software Annual Maintenance Fee for City of Santa Ana Police Department covering the period 8/3/2018 - 8/2/2019 for Servlce SV-SW-AMF the following software products: 1 $ 10,500.00 $ 10,500.00 1. GST CrlmeMap Pro Software Site License 2. GST CrlmeME2 Lite Software Site License 3, GST CrlmeMap Mobile Software Site License Service Total $ 10,500.00 Grand Tota! AMP and Service) $ 10,500.00 Nates: 1 AMP paid client is entitled to technical support through email and telephone (M -F, 9:00AM-5:30PM, PST), bug fixes and free software upgrades through the year, and discounts for GST's training programs and customization. 2 Price stated above is good for ninety (90) days from the date of this quotation. 3 Payment Terms: AMF payment is due prior to the commencement date of each 12 -month period. AC o CERTIFICATE OF LIABILITY INSURANCE �.,....- bATEI'100/YY.VYy 04/2211/2018 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 pollcy(ies) must have ADDITIONAL INSURED provisions or bt 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 CS&S/NEW CENTURY INS SERVICES INC. PO BOX 946580 Maitland, FL 32794-6580 CONTACT NAME: PHONE FAx A/C, No Ext): A/C No : EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC #' 1.877-724-2669 INSUREH A: National Fire Insurance of Hartford 20478 INSURED INSURER e: Continental Casualty Company 20443 INSURER C: GEOSPATIAL TECHNOLOGIES, INC. INSURER D: 10055 SLATER AVENUE, SUITE 214 INSURERS: FOUNTAIN VALLEY, CA 92708 INSURER F: COVERAGES CERTIFICATE NUMBER: 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. NOTWITHSTANDINGANY 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. IMM LTR TYPE OF INSURANCE ADDL !NOD NOR me POLICYNUMBER POLICY EPF Mmilf ITV POLICY EXP MMOWY9 LIMITS A �/ X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y 4029432517 06101/18 06101119 EACH OCCURRENCE $ 1,000,000 O RENTED DAMAOL TPREMISESourenoe $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PBo- ^ LOC POLICY JECT /� PRODUCTS-COMP/CP AGO $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY 4029432517 06/01/18 06/01/19 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000' BODILY INJURY(Per percent) $ ANY AUTO OWNED AUTOS SCHEDULED ONLY AUTS BODILY INJURY(Per aD¢Ident) $ PROPERTY DAMAGE (Per accltlenl) $ HIRED AUTOS �,/ NON-OOWNED ONLY AUTOS ONLY $ B \/ X UMBRELLA LIAB/� OCCUR 4029432498 06/01118 06/01119 EACHOCCURRENCE $ 1,000,000 0-000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DEO X RETENTION $ 1 O OOO $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN pER STATUTE DTH• ER ANY PROPRIETOR/PARTNEWEXECUTIVE OFPICEPJMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under NIA I.L. EACH ACCIDENT $ EL, DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below OTHER PEP STATUTE _ DTH. ER E.L, EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 0 CRIP ONO P -RATIONS / LOCATIONS I VEHICLES Acord 1B1, Adtllllonal Remarks Schedule, may be attached If more ape¢¢ Is required) Certificate Holder and We officers, employees, agents, volunteers & representatives. Named as Additional Insured • Owners, Lessee or Contractors. Insurance is primary& non-contributory. Ute Ui`r.�N% �oa2y S CERTIFICATE HOLDER _ CANCELLATION City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ernan qe Tgnaslnzt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED, IN= ACCORDANCE WITH THE POLICY PROVISIONS. C 1988-2015 ACC Tho nP ernon rights reserved.. AC00i CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DOIYYYY) 1 Iti 07/16/2018 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 have ADDITIONAL INSURED provisions or 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 CONTACT Felicia Ma NAME:PHONE KCAL Insurance Agency FAX 626 333-1111 AIC Nu(626)369-7539 2048 S. Hacienda Blvd., EAICMAINo.L Hacienda Heights, CA 91745 ADDRESS: felicia.ma@kcal.net EACH OCCURRENCE License #: OB07015 INSURERISIAFFORDING COVERAGE INSURER A: HARTFORD INSURANCE 00914 INSURED INSURER B INSURER c GEOSPATIAL TECHNOLOGIES INC. INSURER O: 10055 SLATER AVE STE 214 INSURER E: FOUNTAIN VALLEY, CA 92708 INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-112662 REVISION NUMBER: 4 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. INSRrypE LTR OF INSURANCE IADDL IND SUBR MD POLICY NUMBER POLICY EFF MMIODIYVYY POLICY EXP MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE � OCCUR ETORENTED PREMISES RENTED DAMA-71 PREMISES $ MED EXP (Any one person) $ PERSONAL$ ADV NJURY _ $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ECT PRC- � LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ee accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Par .../dant $ _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEC RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE 72WECEV7186 01/22/2018 01/22/2019 XPER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA E. L. DISEASE -EA EMPLOYE $ 1,000,000 DE SCdoscribe under RIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROOF OF INSURANCE 'y '%�ePaa,�',S ��,j�r9�✓ CITY OF SANTA ANA 20 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by FLM on July 16, 2018 at 03:07PM SB -300120-C (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE* Name Of Person Or Organization: CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701 Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is added to Paragraph C. Who Is An Insured: 4. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury," caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s); at the location(s) designated above; or c. "Your work' that is included in the "products -completed operations hazard" and performed for the additional insured, but only if this Policy provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. B. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: 1. The rendering of, or the failure to render any professional architectural, engineering, or surveying services, including: SB -300120-C (Ed. 06/11) (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, and (b) Supervisory, inspection, architectural or engineering activities. 2. 'Bodily Injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. C. The following is added to Paragraph H. of the Businessowners Common Policy Conditions: H. Other Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 1 of 1 -- -= CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) 01/03/2019 THIS CERTIFICATE IS ISSUED ASA 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 have ADDITIONAL INSURED provisions or 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 KCAL Insurance Agency 2048 S. Hacienda Blvd., HACIENDA HEIGHTS, CA 91745 CONTACT NAME Emery Lee PHONE FAX E : 626.333.1111 Ap Na; 626369.7539 E-MAIL ADDRESS: emery@koal.net COMMERCIAL GENERAL LIABILITY License #: OB07015 INSURERS AFFORDING COVERAGE NAILIf INSURER A: HARTFORD INSURANCE 00914 INSURED INSURER 9: INSURER c: GEOSPATIAL TECHNOLOGIES INC. INSURER D: 10055 SLATER AVE STE 214 INSURERE: FOUNTAIN VALLEY, CA 92708 INSURER I: COVERAGES CERTIFICATE NUMBER: 00000000-112662 REVISION NUMBER: 5 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 INSURANCEINSD ADDL SUER MD POLICY NUMBER POLICY EFF flMMMDryYYO POLICY EXP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL S ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PROJECT- [:]LOC PRODUCTS-COMP/OPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED F7 SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident IS UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEIVEXECUnVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA 72WECEV7186 01/22/2019 0112212020 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,006,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace Is required) PROOF OF INSURANCE /Qedt.w «f h,� �a K � s 17uwA �✓ CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 L9G12D19,._.IPJtI 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 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by EME on January 03, 2019 at 02:33PM