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HomeMy WebLinkAboutAPPLIED TECHNOLOGY GROUP, INC. (3)INSURAN ILE WORK M YPROCEED N-2021-039 MAR j 7 2021 UN t INSURANCE EXPIRES 21.2p11 CLERK OF COUNCIL DATE: O •PwA (5Wn 40irn) ML9 AGREEMENT WITH APPLIED TECHNOLOGY GROUP, INC. TO PROVIDE PROFESSIONAL WIRELESS SERVICES THIS AGREEMENT is made and entered into this l st day of April 2021, by and between Applied Technology Group, Inc., C`Contractor"), 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 ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of: the design, installation, and maintenance of digital and analog two-way radio, industrial SCADA, licensed microwave and Wi-Fi systems. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm 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 Contractor 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 Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed $25,000, during the term of this Agreement, including any extension periods exercised under Section 3. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2022, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for a one (1) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming 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 Consultant'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, volunteers and representatives as additional insured(s); (b) be primary 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. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant 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 with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (1) 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 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 cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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 affect 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, 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 negligent operations of the Consultant or its 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, 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 Consultant 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 Consultant'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement. 11. 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 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 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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 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 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Applied Technology Group, Inc. 4440 Easton Drive Bakersfield, CA#--*" 93309 Attn: Lori B. Barnes 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, 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 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 Consultant 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 are not embodied herein. 15. 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. 16. 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. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant 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. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. PROFESSIONAL LICENSES Consultant 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. Consultant 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. N-2021-039 21. 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 fully, 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: CITY OF SANTA ANA FTFK _ _ .roi' RidgeGomez if the Council City Manager APPROVED AS TO FORM SOMA R. CARVALHO City Attorney By: I,(•. hn M. Funk Senior Assistant City Attorney FOR APPROVAL d'S& Nabil Saba, P.E. v Executive Director Public Works Agency CONSULTANT t��4� /S &W/�" Name: Lori B. Barnes Title: President City of Santa Ana Exhibit A 18 APPLIED TECHNOLOGY Professional Wireless Services SPECIALIZED COMMUNICATIONS SERVICES uaramaN. • e. _N'"0.. eswnaeeo SCOPE OF SERVICES Applied Technology Group, Inc. (ATG) is a full -service communications company specializing in the design, installation, and maintenance of digital and analog two-way radio, industrial SCADA, licensed microwave and Wi-Fi systems. ATG is an authorized reseller and service center for many industry leading corporations including, but not limited to, GEMDS, Cambium, Moseley, Harris, Redline, DragonWave, Phoenix Contact, Cisco, Kenwood, Tait and Hytera. We have partnered with many integrators and engineering firms over the last 30 years. Our primary focus is Radio Frequency (RF) applications. As a professional wireless service provider, ATG can provide the City with: • Telephone and email technical support for existing SCADA systems. • On -site troubleshooting, repair and/or replacement of existing components. • Professional Certified Tower Climbers • Provide rental equipment if needed while components are out for repair. • Replacement parts in kit form that can be deployed by the City during an outage. • Perform RF site surveys for future/undeveloped sites with recommendations. • Design and deploy SCADA sites and complete systems as needed. • Assist with FCC licensing for Microwave and SCADA if needed. • Perform annual preventive maintenance visits to SCADA sites including a visit report with recommendations upon request. • Support the City with SCADA, Licensed and unlicensed microwave, two-way, video, and other applications requiring wireless connectivity. In addition to the above requested services, Applied Technology Group, Inc. can provide the City with wireless solutions to the many challenges that face a growing city. City of Santa Ana Professional Wireless Services Phone and Service Summary Technical Telephone Support: Normal Business Hours — 8AM to 5PM — Monday — Friday Priority: Ron Fox - Systems Specialist Gene Hanson — Shop Operations Manager ScottGillam—V,P, Engineering Jeff Giliam — Field Services Barry Keniston — Senior Technician OmarJacobo— Service Technician After Hours, Weekends and Holidays: APPLIED TECHNOLOGY SPECIALRED COMMUNICATIONS SENYICES Wp Ea.6m pma ' BOEe,delG CG 9ll49 Lfi1]IId65p A Technical Support Mailbox will be available for calls after normal business hours. A message left in the mailbox will notify ATG technicians and prompt a call back. A voicemail left after hours will prompt a response within 2 hours of being received. On -Site Support: If existing issues cannot be resolved by phone or remote support, a Service Technician may need to travel to the jobsite to determine needs and repair. If such services are needed, an ATG Technician will be on -site within 24 hours of an approved request for service. Exhibit B APPLIED TECHNOLOGY GROUP, IN SPECIALIZED COMMUNICATIONS SERVICES 4440 Easton Drive • Bakersfield, CA 93309 • 661-322-8650 Shop and Field Rate Schedule In -House Labor $95.00 per hour min Field Labor $125.00 per hour min Prevailing Wage $150.00 per hour min Tower Climbing $195.00 per hour Engineering & Integration $195.00 per hour Determining the Problem $65.00 per hour min FCC Service Check $95.00 per unit Two -Way Radio Program $95.00 per unit Strip -Out $95.00 per unit Field Strip -Out $125.00 per unit Vehicle Installation Type 1 $145.00 per unit Type 2 $175.00 per unit Type 3 $200.00 per unit Field Install $195.00 per unit Mileage & Truck $ 0.99 per mile Travel Time $65.00 per hour Overtime (over 8 hours) $187.50 per hour Holiday & Weekend $250.00 per hour Lodging (Plus taxes & fees) $225.00 per night* Meals $50.00 per day Per Diem (Lodging & Meals) $275.00 per day Shipping and Handling $30.00 per unit *Rates may vary depending on Location and Season. Rates Effective —November a, 2020 City of Santa Ana Professional wireless Services Summary of Cost APPLIED TECHNOLOGY SVECIALIZEO COMMUNICATIONS SENVICES uw f,.mova. arr.r�inw m�ov. w i 71C.E The below rates are used to calculate service calls on -site All rates are calculated per person except for mileage, which is calculated per vehicle. Travel Time $ 65.00 / hr Mileage and Truck Charge $0.99 / mile Meals $50.00 / day Lodging $225.00 / night* Field Labor $125.00 / hr Overtime Rates $187.50 / hr Prevailing Wage $150.00 / hr Prevailing Wage Overtime $225.00 / hr DIR Fee $200.00 (Dept. of Industrial Relations document fee per invoice) In -House Labor $95.00 / hr Holiday and Weekends $250.00 / hr Tower Climbing $195.00 / hr "Rates may vary depending on Location and Season. A o® CERTIFICATE OF LIABILITY INSURANCE Francine R. ..m.flrrmomarr,.o�me«. y""I Villareal - FDATE(MM&1DIYYYYI 11/11/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (BK) Heffernan Insurance Brokers 7702 Meany Ave., Suite 102 Bakersfield CA 93308 CONTACT NAME: Karlss Perry PHONE FAX 1 E` 661-489-7380 INC, No:415-778-0301 MAIL ADDRESS: karisspAheffins.com INSURERS) AFFORDING COVERAGE NAIL$ INSURER A: Federal Insurance Company 20281 License#: 0564249 INSURED APPLTEC-03 Applied Technology Group Inc 4440 Easton Drive INSURERS: Insurance Company of the West 27847 INSURER C : Scottsdale Indemnity Company 15580 INSURER D: Bakersfield CA 93309 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 129189129 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TR TYPE OF INSURANCE AMSUD NUMBER POLPOLICY MMIDOY� MMIDO/YYXYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 36025222VVCE 7/1/2020 7/1/2021 EACH OCCURRENCE $1,000.000 CLAIMS -MADE J OCCUR DAMAGE TO PREMISES YEA occurrence) $1o00,000 MED EJ(P (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2.000,000 POLICY JECT El LOC PRODUCTS-COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILELIABILITY 2073584639 7/1/2020 7/1/2021 CEOMBINEeDlSINGLE LIMIT $1.000.000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BOOILY INJURY(Peraccident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR 79894822 7/1/2020 7/1/2021 EACH OCCURRENCE $5.000,000 AGGREGATE $5,000.000 EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS S B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN AN WPL503611603 3/22/2020 3/22/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 OF ICERIMEMB REXCLU EO?ECUTIVE ❑ N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 EL.DISEASE - POLICY LIMIT $1,000.000 If yes, describe under DESCRIPTION OF OPERATIONS below C Proffesional Laibility 1 EK13354264 11/19/2020 1111112021 Per Claim &Agg $2.000,000 ! : — DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: As Per Contract or Agreement on File with Insured. The City of Santa Ana its officers, employees, agents, volunteers and representatives are included as an additional insured (primary and non-contributory) on General Liability policy per the attached endorsements, if required. Cancellation notice endorsement for General Liability is attached, if required. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division, 4th Floor 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 // G—..�' „ WdtMwgrnadDMion �. REvlEwEo fi APPRW®BY: ©1988-2015 ACORD C ��' ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Risk Management Analyst C H U B B` Policy Conditions Endorsement Policy Period JULY 1, 2020 TO JULY 1, 2021 Effective Date JULY 1, 2020 Policy Number 3602-52-22 WCE Insured APPLIED TECHNOLOGY GROUP INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued APRIL 21, 2020 This Endorsement applies to the following forms: COMMON POLICY CONDITIONS Under Conditions, the following condition is added. Conditions Notice Of Cancellation When we cancel this policy we will notify person(s) or organizations(s) shown in the Schedule at To Scheduled Persons least 30 days (10 days in the event of nonpayment of premium) in advance of the cancellation date. Or Organizations When We Cancel Any failure by us to notify such person(s) or organization(s) will not: • impose any liability or obligation of any kind upon us: or • invalidate such cancellation. Schedule Persons) or Organization(s): CITY OF SANTA ANA RISK MANAGEMENT DIVISION Address: 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 All other terms and conditions remain unchanged. Policy conditions Notice Or cancellation To Scheduled Persons Or Organizations Form 80-02-9780 (Ed. 3-11) Endorsement RAMwft" adUMdun ,« 2 rsvie sA�Br. ��lYI:111L4' F4"k Z" R. vj&44,1 Risk Managemen[Mayst Conditions (continued) Authorized Representative V c__Q Va Ida Policy Conditions Notice Of Cancellation To Scheduled Persons Or Organizations Form 90-02-9790 (Ed. 9-11) Endorsement j nFnG�.h[ ram. V:.lifnGc� Ruk Muiagement lnaryst CHUB B` Liability Insurance Endorsement Policy Period JULY 1, 2020 TO JULY 1, 2021 Effective Date JULY 1, 2020 Policy Number 3602-52-22 WCE Insured APPLIED TECHNOLOGY GROUP INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued APRIL 21, 2020 ax;:e �:�.:..sz:»:a�:::.znsx:+x'>xiam auttxx..�m�xa> :ms..:,'.ara•..:�s..ns ex.awwca�wexs: s::a :: x<xa.::;e;nxs::s' sxmmzxc s.;s.�:c :mu r:-.:ex?>r;,a„as :Luc::,cz :aws W. This Endorsement applies to the following forms: GENERAL LIABILITY mxass:.�..x¢:xe'�'a':�:a;�mm:.xus�mxm�caxewraxzxax:minaxz'ra\'wt.Ostia-sxaw';xx::x:>:a:ax.�«w:sn�eza::w;,,x�mx=.nx;aa�+.;a:�:.wwcax:;::!+.cer<.¢xm:r.�x¢ar�c,.xxwuezx_:�urw:rzxzrrP:�:xc Under Who Is An Insured, the following provision is added. Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated purscant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in pan, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contractor agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contractor agreement. Liability Insurance Addifiorial Insured- Scheduled Person Or Organization no-rr -ddbi (Her. b-uq enoorsemenr continued rbkMwgemnd UM•Inn ,v9 BFntwta6Arraw®Br aak Management Matyst CHUBB` Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contractor agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance - Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Fb�.•..�i:g:?nX:RSAX^�"N!'.f:r..v..��'.Y>.:x'Ltn.:'+.:»hw.wr^mv'R".K'£N`a9k.Y...T`Y:.., :..::::i..: Y 4.:Rio)#AA`tn'S.e':�\.YSYa�'i.9Y..>.YWn^tA`:%L9`::..:Md...:R.\CL`..�ciYTX9'1G�1u'J[Yf�::E'QKti.'..3. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured- scheduled Person Or Organization lastpage Flinn 80-02-2367 (Rev. 5-07) Endorsement P RiekMknkgemadntuWan ,p♦ BENEWFD6{�AP1PRw®BY: 1+ �. FIFhG:-K tom. Y:�Gct 00 - k:sk Mrnagcm:.l Malyi�.