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HomeMy WebLinkAboutIPS GROUP, INC. (5)INSURANCE NOT ON FILE WORK MAY NOT PROCEED cc CITY CLERK ,.- DATE: A-2023-163 o FIRST AMENDMENT TO AGREEMENT TO PURCHASE PARKING TECHNOLOGY d. CD Ara) AND RELATED SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into 2023, by and between IPS Group, Inc., a Pennsylvania corporation ("IPS"), and the City o Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). IPS and the City shall be collectively referred to as the "Parties." RECITALS A. The Parties entered into Agreement No. A-2022-028 ("Agreement') dated February 15, 2022, whereby IPS agreed to deliver and install parking technology hardware (the "Equipment") and related software services (the "Services," and collectively "Equipment and Services") to the City. B. The Parties now wish to amend the Agreement to increase the aggregate compensation paid by the City to IPS, by $540,000, to accommodate increased costs for ongoing monthly data management services, purchase of a 60-month warranty, funds for repairs and/or replacement parts, and modem upgrades that would assist in continuing the operations of the parking meters throughout the City. The Parties therefore agree: 1. Section 5.1, Compensation, is hereby amended to read in its entirety as follows: The City will compensate IPS for the Equipment and Services, as set forth in Attachment B. The total sum to be expended during this Agreement, including any extension periods, shall not exceed $840,000. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page to follow] Page I of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:(,tctG�c[Lu Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL Michael L. Garcia Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager IPS GROUP, INC. F�-aftdiqdi BRiAN W2?88CZ Ehic�€9perzetirrg•AffieerG�eRRe, epuNset Page 2 of 2 AC ?FH CERTIFICATE OF LIABILITY INSURANCE L.,..i 3/19/2024 GATE0/20 VYVY) 3/10/2023 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 Lockton Insurance Brokers, LLC License llOFI 5767 4275 Executive Square, Suite 600 La Jolla CA 92037 CONTACT NAME: PHONE FAX No: -MAIL ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC It (858) 587-3100 INSURER A: National Fire Insurance Co of Hartford 20478 INSURED IPS Group, Inc 1377909 7737KenamarCourt INSURER B : Valley Forge Insurance Company 20508 INSURERC:TheContinental Insurance Company 35289 INSURER D : American Casualty Company of Reading, PA 20427 San Diego CA 92121 INSURER E : Lloyd's Syndicate 457 (Munich Re Syndicate Limited) NSU RER F: COVERAGES IPSGROI CERTIFICATE NUMBER: 12892512 REVISION NUMBER: XXXXXXX 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 ADDL SUER POLICY NUMBER MMIDDmW POLICY EXP MM/DDfYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR Y Y 4034952942 3/19/2023 3/19/2024 EACH OCCURRENCE $ 1,000,000 -DAMAGE TO ARENTED PREMISES Ea occurrence — $ 1000000 MED EXP(Any one person) $ 15000 PERSONAL &ADV INJURY $ 1000000 AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2000000 GEN'L POLICY PRO- JECT1:1 LOC PRODUCTS - COMPIOPAGG $ 2000000 $ OTHER: B AUTOMOBILE LIABILITY N N 6013847872 3/19/2023 3/19/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILYINJURY(Perpemon) _ $ XXXXXXX ANY AUTO Ix OWNED SCHEDULED ONLY AUTOS BODILY INJURY (Per accltlenl) $AUTOS XXXXXXXAUTOS ONLY X AUTOS ONLY PROPERTY dDAMAGE $ XXXXXXX Comp./Coll. Ded $ 1,000 C X UMBRELLA LIAB OCCUR N N 4034952990 3/19/2023 3/19/2024 EACH OCCURRENCE $ 20,000,000 N AGGREGATE $ 2O OOO OOO EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ XXXXXXX D C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? NJ NIA N 5093308451 CA)) 5093308496 �AO5) 3/19/2023 3/19/2023 3/19/2024 3/19/2024 PER OTH- X STATUTE ER E.L. EACH ACCIDENT _ $ 1000000 E.L. DISEASE-EAEMPLOVEE $ 1000000 (Mandatory In NH) describe under If DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1 OOO 000 E Tech E&O/Cyber N N OIMRCT0000037-01 (E&O) 3/19/2023 3/19/2024 Each Occ. 5,000,000; Agg.: 5,000,000; Ded.: 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space la required) Worker's Compensation insurance does not apply to states ND, OD, WA, WY Tech E&O/Cyber provides coverage for Network Security and Privacy Liability, as well as Breach Event, Cyber Extortion, and Business Interruption RE: Agreement to Purchase Parking Technology & Related Services. City of Santa Ana, its officers, officials, employees, and volunteers are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insured(s) is primary and non-contributory, as per the attached endorsements or policy language. Waiver of Subrogation applies per attached endorsement(s) or policy language. Referenced Excess or Umbrella Liability policy is follow form to all underlying policies as provided on the policy or endorsements. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 12892512 City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE J © f9g"015 ACORD C072POAlAT(ON. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS (Use only It more ePace Is requlretl) Tech E&O/Network/Privacy/Media Liability includes coverage for security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, invasion of privacy violations, information theft, damage to or destruction of electronic Information, release of private information, and alteration of electronic information, breach response costs, regulatory fines and penalties as well as credit monitoring expenses to the extent permitted by the policy language. ACORD 25 (2016103) Certificate Holder ID: 12892512