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Home My WebLink AboutIMAGEWARE 1C-2002 INSURANCE ON FILE rrZfl~ ~~YU~~~~~E~~IRES SECOND AMENDMENT TO RENEWAL SOFTWARE AND 'I-Ie' c3 CLERK DF COUNCIL HARDWARE MAINTENANCE AGREEMENT DATE, :):"'rc 3 C - ~tL~~./f THIS SECOND AMENDMENT TO RENEWAL SOFTWARE AND HARDWARE MAINTENANCE AGREEMENT "Second Amendment," made and entered into this~ day of ))"CRjr; her 2002, by and between Imageware Systems, Inc. ("IWS") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the Laws of the State of California ("CITY"). . . A-2002-223 WITNESSETH Recitals: A. CITY AND IWS entered into an agreement dated February 1,2001 by which IWS agreed to provide an automated mug/photo system. B. The First Amendment to Agreement, No. 2002-02, modified the cost of maintenance. C. The Parties now desire to amend the Agreement again to add an additional scope of service for hardware replacement, add an additional $37,000 to the compensation and amend the cost of maintenance. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions of the Agreement as hereby amended, the parties hereby agree as follows: I. Section 2.15 shall be added to the Agreement to read as follows: "2.15 Hardware Replacement. IWS shall provide hardware replacement and associated software as detailed in Exhibit C." Exhibit "C" shall be attached to the Second Amendment. 2. Exhibit A of the Agreement and First Amendment shall be replaced with Exhibit A attached to this Second Amendment. 3. An additional $37,000 is added to the total amount of compensation to cover the cost of the hardware upgrade and associated software and the cost of maintenance as reflected in Exhibit A and Exhibit C. 4. Except as hereinabove modified, the terms and conditions of the Agreement and the First Amendment remain in full force and effect. ~ ~.4 , . Santa Ana Police Department Maintenance Break Out February 1. 2002. January 31. 2003 . ~' ;;<*r?;';;;1liqJi!i.);,iA'0;:;;:jt#~I1~DescRIPnON~'Mi;:@L ~~Rill\",L;0;1i" ;t.'$O'lj I,,,:yPO.,, aTY ,Total 'eo.t; Moo"" +MalnteNlnee .Softwar.' IHili'lfiNa'..w Server X-Ser~s 200 P3-1,26 GHz with 128 MB Ram t $1.023,29 12 $184.19 $184.19 20140 GB Tape Dri."e 1 $985,00 12 $177.30 $177.31 Server Raid 4lx Scsi ControHer 1 S835,51 12 $150,39 $150.39 73010 K RPM SL Hard Disk Drive 4 $5,16200 12 $929.16 $929.16 Media6ay cOlwersion Kit 1 $88.39 12 $15.91 $15.91 APC UPS 1500 VA 1 $871.47 12 $156.86 $156.86 128MB looMHz ECC SORAM (Non-Registered) DIMM 1 $38,61 12 $695 $6.95 G74 - 17{15.9) in. Color Monitor, 69 KHz. Pearl White SOt396 A-1999.095 1 $423,60 12 $76,25 $76.25 SAPO Cap1 16M PC 30QPl 6862 (4x4) 2 PC 300PL Pentium 11400MHz MMXl512K6,64MB,6.4G6,4MB,32X,16bit AUdio,Win98,PCIIISA 501396 1 $1.75800 12 $316.44 $31644 (Std) IBM 6.4G6 EIDE Hard Drive (Std) 10/100 PCI Ethernet WOL {Std) 16-b4t ISA Crystal Audio Integrated (Std) 4001100MHz MMX Pentium 11 Processor with 512KB Pipeline 6 (Std) 4MB Integrated SGRAM Video Memory (Std) 64MB SOns NP SDRAM OIMM (Stel) CD-FlOM Drive Internal 32X Max (Variable Speed) (SId) IBM 1.44MB 3.5-inch Diskette Drive (SId) IBM l04.key Rubber Dome Keyboard (Std) Integrated IDE Controller (Std) S3 Tr\03D AGP Graphics Integrated G74 -17{15.9) in, Color Monitor, 69 KHz, Stealth Gray 1 $445.20 12 $80.14 S80.14 Hitachi HV.c10 Preventawe maintenace 3 chip camera 1 $0.00 12 $300.00 $300 00 Fujinon 016 x7.38.Y41 Lens 1 $2,142.86 " $385.71 $385., , 3 point Ughti , tom 501396 A.1999-095 1 $1,194.00 " $214.92 $214.92 Pan and Tilt Camera mount SOl396 A-1999-OO5 1 $1,440.00 " $259.20 $259.20 Reflective Pedestal 501396 A.1999-095 1 $822.00 " $147.96 $147.96 Cable bundle 1 $357.14 12 $84.29 $64.29 Power5upply 501396 A-1999-OO5 1 $88.57 " $15.94 $15.94 NI5T compliance capture soflware 501396 A-1999-095 1 $1,500.00 " $270.00 $270.00 Capture Card MVPro 501396 A-1999-QS5 1 $804,00 " $144.72 $144.72 Capture 50ftware 501396 A.1999-095 1 $10,000,00 " $1,800.00 $1.800.00 SAPO Cap2 IBM PC 30QPL 6862 (4x4) 2 PC 300Pl Pentium 1\ 400MHz MMXl512K6,64MB,6.4GB,4MB,32X,16bil Audio,Win98,PClIISA 501396 A-1999.095 1 $1,758.00 12 $316.44 $316.44 (Std) ISM 6.4GB EIDE Hard Drive (Std) 101100PCI EthemetWOl {Std) 16-bit ISA Crystal Audio Integrated (Std) 4OOI100MHz MMX Pentium II Processorwilh 512KB Pipeline B (Std) 4MB Integrated SGRAM Video Memory (Std) 64MB SOns NP 5DRAM DIMM (Std) CO. ROM OrNe Internal 32X Max (Variable Speed) (Std) IBM 1.44MB 3.5.jnch D~kette Drive (Std) IBM lQ4.key Rubber Dome Keyboard (Std)lntegratedIDEContrQller (Std) S3 Tri03D AGP Graphics Integrated G74 - 17(15.9) in. Color Monitor, 69 KHz, Stealth Gray 1 $445.20 " $80.14 $80.14 Hitachi HV.c10 Preventawe Maintenance 1 $0.00 12 $300.00 $300,00 Fujinon 016 x7,3B.Y41 Lens 1 $2,142.86 " $385.71 $385.71 3 intU " , tom 501396 A.1999-095 1 $1,194.00 12 $21i $214.92 Pan and Till Camera mount 501396 A-1999-C95 1 $1,440.00 12 $259, $259.20 ReflecwePedestal 501396 A-1999-005 1 $822,00 " $147. $147.96 Cable bundle 1 $357,14 12 $64,29 $6429 Power Supply 1 $68.57 12 $15.94- $15.94 Capture Card MVPro 501396 A-1999-005 1 $804,00 " $144~ $144.72 C ureSollware 501396 A-1999-095 1 $10,000.00 12 $1,600. $1,800.00 NIST compliance capture software 501396 A-1999-095 1 $1,.500,00 " $270, $270.00 SAPO INVl IBM PC 30QPL 6862 (4x4) 2 PC 3QOPl Pentium 11400MHz MMXi512K6,84MB,6.4GB,4MB,32X, 16b41 Audo,Wln96,PCIIISA 501396 A-1999-095 1 $1,758.00 12 $316.44 $316.44 (Sid) IBM 6.4GB EIDE Hard OrNe (Sid) 101100 PCI Ethernet WOL (Std) la-bit ISA Crystal Audio Integrated (Std) 40011 OOMHz MMX Pentium II Processor with 512K6 Pipeline B (SId) 4M6 Integrated SGRAM Video Memory (Std) 64MB 6Cns NP SDRAM DtMM (Std) CD-ROM Drive Internal 32X Max (Variable Speed) (Std) IBM 1.44M6 3,5-inch Diskette OrNe (Std) IBM 1 04-key Rubber Dome Keyboafd (Std) Integrated IDE Controller (Std) S3 Tri030 AGP GrapI'1ics Ir.tegrated G74 -17(159) in. Color Monitor, 69 KHz, Stealth Gra')- SOl3$6 A.1999-095 1 $445.20 12 $60.14 $8014 InvestigaweSlotware SOl396 A-1999-095 I $6,750.00 " $1,215. $1,215.00 MiSe SOFTWARE Investi ative/Mu book SOl396 A-1999-095 5 $2,500.00 12 $450,00 $450.00 Clime Web Server 501396 A-1999-095 1 $5,00':),00 " $450.00 $450.00 8\-\\B\\ ~ , Pa e 1 . . ,. . Santa Ana Police Department . .' Maintenance Break Out February 1. 2002 ~ January 31, 2003 ~!iU4,p0Tm"fh?;,;0.~j0i!MciqDescRIPTION'~' .&~ 1'W;U$:;Xi~ 1150.:;; ;wifPOt;:;;ra: QTY 'Total COSt MontNI "'Mailnllin.nce : SoftWare ' Hafdw8re Crime Web Wireless (5 Concurrent Users} 501396 A.1999.09S 5 $16,750.00 12 $1,687.50 $1,687.50 Crime Web FFS (5 Concurrent Users) 501395 A+1999-095 1 $10,000.00 12 $900.00 $900,00 Total Maintenance $14,794.73 $8,842.50 $5,952.24 ! , I I I I I I I I I EXHIBIT A Pace 2 ".' ,'. e be .' ImageWare Systems, Inc. ImageWare Systems, Inc. 10883 Thornmint Road San Diego, CA 92127 858-673-8600 Fax: 858-673-1770 QUOTE ... IWSQ1431 ~ 9/23/02 __ 12/22/02 __ Kim Lawson ... Quote To: Ship To: Santa Ana Police Department Chu- Y en Hsiao 60 Civic Center Plaza Santa Ana, CA 92702 Santa Ana Police Department Chu-Yen Hsiao 60 Civic Center Plaza Santa Ana, CA 92702 United States United States IBI Description IWS Part # Unil Price Ex!. Price Hardware Replacement 1 xSerles 200 P3-1.26GHz wi 128MB RAM $1,023.29 $1,023,29 20/40GB Tape Drive $985.00 $985.00 ServeRaid 4Lx SCSI Controller $835.51 $835.51 4 73.0 10K RPM SL Hard Disk Drive $1,290.50 $5,162.00 Medlabay Conversion Kit $88.39 $88.39 APC UPS 1500VA $871.47 $871.47 4Yr Warranty (Server) 24x7x4 $1,172.63 $1,172.63 128MB ECC SDRAM Memory $38.61 $38.61 1 15% Agency Discount -$1,526.54 -$1,526.54 SubTotal $8,650.36 Licenses Windows Server :moo Government 17.09.623.05 $865.71 $865.71 1 Windows Server 2000 Media 17 .09.623.03 $28.57 $28.57 5 Windows 2000 Government CAL 17.09.623.04 $35.00 $175.00 20<;'/0 Agency Discount on Microsoft Licenses -$213.86 -$213.86 SubTotal $855.42 Services Canfigure 1 Test Server (in San Diego) 42.03.100.04 $1,200.00 $1,200.00 4 Project Management $150.00 $600.00 Revised: 09/1212002 EXHIBIT C Page . ~..... '., o. "":'-: . . IBI Description IWS Part # Unit Price Ext. Price 49.01.100.01 Server Installation 42.01.100.01 $1,200.00 $1,200.00 SubTotal $3,000.00 2 Rental Car & Parking per day (Install) 46.03.100.01 $77.50 $30.00 $38.40 $155.00 2 Days of Meals (Install) 46.01.100.01 $60.00 Mileage (Install 120 miles) 46.03.100.01 $38.40 Hotel per day (Install) 46.02.100.Q1 $100.00 $100.00 SubTotal Sales Tax Shipping (52.04.200.01) Hardware Maintenance (51.04.200.01) Software Maintenance $12,859.18 $736.70 $142.65 $1,436.57 0.00 Total $15,175.10 , Customer to assist with installation. Resource needed to connect server to network and confirm network connectiv~y from the current server to the "new" server. , IWS will transfer data from the current server to the "new" server once network connectivity has been established. , Customer to utiiize existing 3rd party iicense for the SOL database. License key will be required for setup in San Diego. , No other functionaiity or services are promised or Impiied. 'Customer will perform a complete backup on server prior to installation of new server. 'Maintenance being paid through maintenance contract 02-03 -This quote valid for the period shown above. -Equipment subject to change based upon availability. -Where appiicable, customer responsible for all network connectivity issues. IWS not responsible for network configuration or installation. Revised: 09/1212002 EXHIBIT C Page 2 _10-07-2eS3 10'18 AM . . ~ A.~..Rlt. CERTIFICATE OF INSURANCE ISSUE DATE (MMlDD/YY) PRA26090 No 99513009/22/03 THIS CERTIFiCATE is ISSUED AS A MATTeR OF INFORMATION ONLY AN[ LLC-CA LicoC03950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE I CA L' OC24310 DOES NOT AMEND, EXTeND OR ALTER THe COVERAGE AFFORDED BY THE nc - J. C POLICIES BELOW. PRODUCER Barney &. Barney, Barney &. Barney, P.O. Box 85638 San Diego, CA (858) 457-3414 Mst#: 3646 92186-5638 ;( - ,). 00,) - ).).3 .{-"l..00).- ()o"l.. '4- -.;).00 J - ;;AJ.5 INSURED IMAGEWARE SYSTEMS, INC., AL, SEE ATTACHED) 10883 THORNMINT ROAD SAN DIEGO CA 92127 Em~~Y A COMPANIES AFFORDING COVERAGE - ----------~--_._._--~--_.- ATLANTIC-ATLANTIC MUTUAL INSURANCE CO. CARPENTER MOORE - LLOYDS-C5p---LONDON- (ET ~~NY B ~:NV C NO COVERAGE ON THIS DOCUMENT E~~Y 0 NO COVERAGE ON THIS DOCUMENT NO COVERAGE ON THIS DOCUMENT ~~NY E COVERA';lES " d' . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. ,c,.~ TYPE OF INSURANCE POLICY NUMBER I GENERAL L1ABILJTY -.;; COMMEflClAL GENERAL. LIABILITY A I CLJ>JMStMDEW aCCUR, 761- 00 - 67 -79 ~ OWNER'S & CONTRACTOR'S PROTo i-- POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIODIYV) DATE (MMlDD/VY) LIMITS GENERAL AGGREGATE $ * 2 000,.ill PRQDUCTS..cOMP/OP AGG. $ * 2 0 0 0 ~ 07/10/03 07/10/04 PERSONAL , ADV, INJURY $ EXCLUDED EACH OCC\JRRENCE $ * I~O--,J)J FIRE DAMAGE (Anyone fire) $ * l.tlL@,.lli MEO. EXPENSE (Anyone person) $ * * * * 1 0 0 ( .mlll . 1,// ,7" 'V' . n d, 1/(0 "!. .? ~OMOBILE LIABILITY ~ ANY AUTO _ ALL OWNED AUTOS _ SCHEDULED AUTOS A =x= HIRED AUTOS --X.. NON-OWNED AUTOS _ GARAGE LIABILITY 761-00-67-79 EXCESS UABILlTY A ~ UMBREUA FORM 4 OTHER THAN UMBRELLA FORM 761-00-67-79 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER PROFESSIONAL B LIABILITY-ERRORS 02S0L0211 &. OMMISIONS DESCRIPTION OF OPERATIONS I LOCAnONS I VEHICLES I SPECIAL ITEMS COMBINED SINGLE LIMIT $*1 000 O( ---1- BODILY INJURY (Per person) $********, 07/10/03 07/10/04 BOOILYINJURY (Peraccidenl) $********, PROPERTY DAMAGE $********, I 07/10/031 EACH OCCURRENCE 07/10/04 AGGREGATE $ * 2....Jl.OQ-.Lill $*2 000 ,..ill . I STATUTORY UMlTS EACH ACCIDENT $ * * * ** * * *. DlSEASE-POllCYLlMIT $ ********. DISEASE EACH EMPLOYEE $ * * * * * * * * . $1,000,000 LIMIT; 07/10/03 07/10/04 $50,000 SIR RE: INSTALLATION AND MAINTENANCE OF "CRIMES" HARDWARE &. SOFTWARE CERTIFICATE HOLDER CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE: CANCELLED BEFORE TH eXPIRATION DATE THEREOf:, THE ISSUING COMPANY WILL ENDEAVOR Tl MAIL..J.Q.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH l.~ LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION 0 j- LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRcSENTATlVEl:: " " ;, !' AUTHORIZED REPRE~ENTATIV:'KONI RI TCH :~t.~.. . __ ."._-~----~'-"-.- ._.-. - - -~-~ --.-.. 10-tJ7-20Q3 10: 18 AM --. . . Imageware Systems, Inc. Named Insured ImageWare Systems, Inc. ImageWare Software, Inc. (Inactive) Imaging Technology Corporation (Inactive) Xlmage ImageWare Systems ID Group, Inc. Castleworks, LLC (Inactive) E-Focus West, LLC ImageWare Digital Photography Systems, LLC IW Systems Canada Company G&A Imaging, Inc. (shell company only) Digital Imaging International GmbH (Germany) Digital Imaging Asia Pacific PTE Ltd. (Singapore) ;;#4~ z/S- 10-07-2083 10:18 AM . . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The WHO IS AN INSURED section is amended to include BS an insured any person or organization wllh whom you Bgreed In a written contract, written agreement or penni! to provide insurance such as is afforded under this CoverBge Part, but only with respect to your operations, "your work" or facilities owned or used by you. This provision does not apply: 1. Unless the wrlllen contract, agreement or permit has an effective date and has been issued prior to the "bodily injury", 'property damage", 'perional and advertising injury" or "personal Injury" or "advertising injury" (whichever definitions are uSBd In your policy); 2. To any person or organization included as an insured under the Additional Insured - Broad Form Vendors provision of this endorsement; 3. To Bny person or organization included as an Insured by an endorsement Issued by us and made part of this Coverage Part; 4. To any IBssor of equipment; a. After the Bquipmentlease expirBS; or b. If the "bodily injury', 'property damage', "perional Bnd Bdvertising injury" or "perianal injUry" or "advertising injury" (whichever definitions are used in your policy), arises out of thB sole nBgligence of the lessor; 5. To Bny person or organization if the 'bodily Injury", "property damage", "personal and advertising injury" or "personal injury" or "advertising injury" (whichever definitions are used In your polley), arises out of the rendering of or failure to render professional sel'olices by or for you; 6. To Bny: a. OWners or other interests from whom land has been leased; or b. ManagBrs or lesSors of premises If: (1) The "occurrencB' takes place after you cease to be a tenant in that premises; or (2) The "bodily inJUry", "property damage', 'personal and advertising Injury" or "personal injury" or "advertising injury" (whichever definitions are used in your policy), arises out of structurBI alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased. ;ff^lj!(i.; 3/-s~ VCG 2111098 Includes copyrighted ml1erlal Qf Insurance 5emcu Off\Ce. Inc. e, Atlantic Mutuillnsuronce Company, 1998 -A___~_~-~~~ftftftme~~&e Page 1 of 1 . . 10<~7-2C{)3 10:18 AM ~ ~ ~ .~. --.. .\ ..:;. The Umits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any re- maining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period Is extended Biter issuance for an additional period 01 less than 12 months. In that case, the addi- tional period will be deemed part 01 the last preceding period for purposes 01 determining the Umils of Insurance, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the Insured's estate will not relieve us of our obligations under this Coverage Part, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To thB extent possible, notice should include: (1) How, when Bnd wherB the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any Injury or damage arising out of the "occurrence" or offense. b. If a claim Is made or "suif' is brought against any insured, you must: (1) Immediately record the specifics of the claim or .suit" and the date received: and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as prBcticable. c. You and any other involved insured must: (1) ImmBdiatBly send us copies of any demands. notices, summonses or legal papers received in con- nection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) CoopBrate with us In the investigation or settlBment of the claim or defense against the "suit": and (4) Assist us, upon our request, in the enforcement of eny right ageinst Bny person or orgBnization which may be tiable to the insured because 01 Injury or damage to which this Insurance may also apply, d. No Insured will. except Bt that insured's own cost, voluntarily make a payment, assume any obligation, or Incur enyel<p8nse, other than for first aid, without our consent. 3. Legal Action AgaInst Us No person or organllation has a right undar this CoveragB Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Parl unless all of its terms havB bBan fully complied with. A parson or DrganiZBtion may sua us to recover on Bn agreed sBttlement or on a final judgment against an in- surBd obtained aftBr an actual bial; but WB will not be liable for damages that are not payable under the terms 01 this CoveragB Part or that arB In excess Of the applicable limit ollnsuranca. An agreed settlement means a settle- ment and release of liability signed by us, the Insured and the claimant or the c1aimanfs legal representative. 4. Other Insurance ;..If other valid and collectibla Insurance Is available to the Insured for e loss we cover under Coverages A or B of . this C ur obligations are IImtted BS follows: a. Primary Insurance IS nsurance Is primary except when b. below Bpplies. If this Insurance is primary, our obligations are not affected unless Bny of the other InsurancB Is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excesslnsurance This insurance is excess over: (1) Any of the other Insure nee, whether primary, excess, contingent or on any othar basis: la) That is Fire. Extended CovBrage, Builders Risk, Installation Risk or similar coverage for "your work"; (b) That Is Fire Insurance for premises rentad to you or temporarily occupiad by you with permission ofthe owner; CG 00 01 07 98 COpyOght, Insul"lnc;e Servicea Office, Inc.. 1Qg7 COMMeRCIAL GENeRAL LIABILITY Page 9 of 14 10-07-20{)3 10: 18 AM . . . (c) ThBt is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rBnted to you or temporarily occupied by you with permission of the owner; or (d) If the loss Brises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Excluslon g. of Section 1- Coverage A - Bodily Injury And Property Damage Llabliity. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or op- erations for which you have been added as Bn additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against Bny "sutt" W any other Insurer has a duty to defend the Insured against thai "sutt". If no other Insurer defends, we will undertake to do so, but We will be entitled to the insured's rights against all those other insurers. When this insuranCB is excess over other insurance, we will PBY only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that ali such other Insurance would pay for the loss in the absence of this insurance: and (2) The total of BII deductible and self-Insured Bmounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that is not described in this Excess Insur- anCe provision and was not bought specWically to apply in excess of thB Limits of Insurance shown In the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will foliDW this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable IImtt of InsurBnce or none of the loss remains, whichever comes first. If any of the other Insurance does not permtt contribution by equal shares, we will contribute by limits. Under this method, eBch Insurer's share is basBd on the ratio of its applicable limtt of insurance to the total appli- cable limits of insurBnce of BII insurBrs. 5. Premium Audit a. We will compute BII premiums for this Coverage Part In accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium Is a depostt premium only. fJd the close of each audit period wa will computa the earned premium for that period. Audtt premiums are due and payable on notice to tha first Named Insured. If the sum of thB advance and audtt premiums paid for the policy period is greater than the eamed premium, we will retum the excess to the first Namecllnsured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such tlmBs BS we may request. 6. Representations By accepting this policy, you agree: \-..A/./ a. The stBtemBnts in the Declarations arB Bccurate and complete; rq'lt.e.. . .dr.. " 4~ b. Those statements arB based upon rBprBsBntatlons you made to us; and ...7 c. We have Issued this policy in reliance upon your rBpresentatlons. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurancB Bpplies: a. As if each Named Insured WBre thB only Named Insured; and b. Separately to each insured against whom claim is made or "sutt" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are trBnsferred to us. The insured must do nothing after loss to Impair them. At our rBquest, the insured will bring .suit" or transfer those rights to us and hBlp us enforce them. 9. When We 00 Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notlcB of thB nonrenewal not less than 30 days before the expIration date. If notice is mailed, proof of mailing will be sufficient proof of notice. COMMERCIAL GENERAL LIABILITY Copyright, Insurance SeMc.. Office. Ino.. 1997 CG 00 01 07 88 ....-..--. neG.rr.t~~B~~COY-_Q0 k- ..,1-1l&'I& {lolM/ODo'Y'l? ACe... CERTIFICATE OF INSURANCE PRA260~0 No 99513 07/20/04 ~n.__""""""_..'__'''.' . ..-.---..-- I ....u... . 1"'$ c:BITlflCAU 1$ II8UED M A MA~ OF ,_TION. 0Ill'I' ""'" . "la.rney Ii< a.-rney LLC-CA L.~01:03950c:O_flI.1lO RIGHTS UPON THO! <:lERllFlC.'n! HOLDe... THIS CERTIFlCAft sarney &. Rarney: Inc-CA LiCOC2411oj=_';~ND. [ll11!ND O"_~~II THE CDYERAQI! ""'o~_."/ THE 1 P 0, Bo~ 8563& ~ GE i s~n Diego. CA 92.186-5638 COMPAMIESAFFORDIN..CQVEAA I I (\150) 457-:'414 ATLANTIC - ATLANTIC SPECIALTY INS. . MalO!!: 3616 ~ A CO. \. ,. CAR.PENTER MOORE' - LLOYD!; OF LONDON . ~YB l....... lMAGII'IlARF. SYSTEMS, INC.. lET I AL. sF.'E ATTACHED} .,A-;u;oJf-t>7/P A-aoCl-~S .4 - :ADD it. - 00;;4 108i!:l THORNMINT ROAD "".._{);l.-2~ ~="" D S~ DIEGO CA 92127 ~TC NO ("OITF:RAGE ON THIS DOCUMENT NO COVEAACE ON THIS DOCUMENT m:.~ E NO COVERAGE. ON THIS OOCU}olENT c:o- TI4S IS TO CifUJN 1..1 THE POUCIES OF 1NS\..If\ANC! If LOW HAVE BEEN ISSUED TO Ttit:. t.l$l"lRED ~ro ABOV~ P'OA '-HE POtICY PI!:RlOO .,..OC,fil€O NOlWI'fttSTANDfNG AtiV REQUIREMENT. TI!~ OA CONOlflOft OF AH'r C()tIfTJilACT MOMR IXX:UIilIIiNI WITH RESPECT TO NlCH THI~ Ct:lnll..lCAiE MAY BE !SlUED OR (IwlJ....,. Pt:ttIAlN, TWe: lNSI..N.NCE AFI"ORD!D 8'W" T't:IE" PO ICWS u~ tl!ft!tH" II 8Ul"JiG'T TO N:.L THE: TEflU& aa.,USICN' AND- COtIorrlOtC OF 'lJC-~ pOUCIE&. uMIT5 ~W~ M!,! "~lI[ B.~~. ~CUCED 8'1 I"AIO QA-.". ---' I co Jl'III'"Df"~ -............ ~ICT...'.."..,. ~~""* O,ATr~ lMlI (IitllPDlJYI') ........ $ **'* *........... ~ML UAaJIY X ".~RCI4&. GDIf""......,eaun- A ___.: ClMll~",IN>' X. O-COJfI. ~~s~C~~~'~F~ 711-00.52-52-0000 07/10/04 .,"tlW. """",.... , * 2 . 0 0 0 . 00 plQIUG18.C(lUM)P-ACOG.. $.2 , 0 00 , 0 0 01/10/05......,...,."""....- . EXCLUDED EACHOCX)-VJ:;1i. s. *1,000;. 00 ~~I>>.Wl4l"""UIl"'" 1 *1,0.00,00 . ......._._. MEO.E....,..~..~.-a~. .....10.00 r;oN,-,[O SINQlf LNlT ./WtOMOM.I\~ ,.-'. . ,.".,.-.uTO .M.Ll.:MINm'-l1'c'X;, : eCtC.DULCO 011)'"' --...~.i .A . :K._'. HIPlIUAUTOS . . X;~Alll"OS . ~[UAlIU" IODI.,Y 1N.IUftJ' --' 711-00-S2-52-0000 01/10/04 01/1010500<1L~::-'v ~UlfOtl"'tJ :' ........**'**... plW:)llCA'T'fl::lMWaf s ..........**** l .2" 000,00 ,-:.1,000,00 l~NIUYY Po. ~ ,: .-... ron", onceA lW.IN UMlIIt~QAM ....,....COIiIP!!NUTlOtI AND t:1ItPLO'ft~. ua.B1UTY lACl4 0CCUftIlENC'L 711-00-52-52-0000 07/10/04 07/10/05........... "'- PROFE'SSIONiu. B LJADILITY eRRORS SF402040X & OMMIS"OlilS .I1ATUIOJWII..r.; "lIrDIACDOl'Hl . ......... a&~t-~~U_l ~.*...*.*. IJIIP.-se_u.r.lfQ.fllOYF.F" ,.........***. $i-:-oo-o;OOO - LIMIT; 07/10/04 07/10/05 $50,000 SIR DUt~ DN:".'R....J.I.DC:AtIClHa-l~J...c;u;;;-.-_. -.-.-. .' ... ."--'---- -----.- .__.._-~_. i .--'---l RE: INSTALLATION AND MAINTENANCE OF' .CRIMf.S" HARDWARE 6< SOF'l'ilARE I (a_TE~------ ,------......... I .e".-~...--_. .-..-..-..--..-.--.. SHOUl:!) ANY' Of TttE ABOVE OEBCRI8EO POllCtiS ft CA NC~LL.fO 8ffMf TtiE IltPUUlTION OATf "HeI'\t.Or, tHE ISSUINQ ClJMPIo.NY Will eNDEAVOR TO CITY. OF SANTA AJJA. ITS OFF.rC:-E.RS 4 WAIL.....1Q..DAYSWArrTE..N NOtiCe: TO THf. CI:RTI'lCATI!. HOl..D!i:I' NAMf.D TO nof~ EMPI.oYE.ES, AGENTS T\..ND !..I,Fl, QUT ,..,I"It.U"t TO ~AIL SUCH NOTl(:f SHAU IMPose NO OILlOATlCJN OR : VOL.UNTEER~ LIABILlTV OF' ANY KIND UN:)N THE CO....P...NY. ITS Ar;iNnl OJ.! ~1i"FWE.':IN'A,.flvI!S. I ~~~~V~A CGNTER PLAZh CI\ 92 7 0 1 -'..;;;...i.. 'P::.t'5'~'R~.---- ---- -.. ~~..'.II!W...,..~.._..__._...._>_..__. ._..,___._.__~_"..__._ . ._ .. .. ~IIIDICOlltf'ClllU;1'lC>>It_ THE CI!IITIFlCA.TE HOlDI!R IS NAMED AS ADDmONAL INSuRE'iiPtiii THEA-rTACHED .END'ORSEMENT. --.--- 'i!i/v01 v [ 10-b7-20Q3 10:18 AM --. . . Imageware Systems, Inc. Named Insured ImageWare Systems, Inc. ImageWare Software, Inc. (Inactive) Imaging Technology Corporation (Inactive) Xlmage ImageWare Systems ID Group, Inc. Castleworks, LLC (Inactive) E-Focus West, LLC ImageWare Digital Photography Systems, LLC IW Systems Canada Company G&A Imaging, Inc. (shell company only) Digital Imaging International GmbH (Germany) Digital Imaging Asia Pacific PTE Ltd. (Singapore) '_ I , ,. ~~ l/S- .: .. ......1 10-07-20e3 10:18 AM . '. THIS ENDORSEMENT CHANGES THE POL.ICY, PLEASE READ IT CAREFUL.L. Y, ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endorsement modifies Insurance provided under the foHowing: COMMERCIAL. GENERAL LIABILITY COVERAGE FORM TM WHO IS AN INSURED section is amended to include es an insured any person or orgBnlzatiDn wtth whom you Bgreed In B written contract, wrillen agreBment or permtt to provide insurance such as Is afforded under this CDvBrBge Part, but only with respBclto your operations, "your work" or facilities owned or used by you. This provlsion does not apply: 1. Unless the wrlt1en contract, Bgreement or permtt has an effective date and has been issued prior to the "bodily InjUry", "property damBge", "personal and Bdvertising injury" or "personal Injury" or "adverllsing Injury" (whichever definitions are used in your policy); 2, To any person or organization included as an insured under the Addttional Insured - Broad Form Vendars provlslon of this endorsement; 3. To any person or organization included as Bn Insured by an endorsement Issued by us and made part of this CoverBge Part; 4. To any lessor of equipment; a, After the equipment leasll expires: or b. If the "bodily Injury", "property damage", "pelSOnel and advertising Injury" or "personal injul}'" or "advertising injury" (whichever definitions arB used in your policy), arises out 01 the SOIB nBg1igence 01 the 1l!$S0r; S. To any person or organization If the "bodily Injury", "property damBge", "personal and advertising Injury" or "parsonallnjur( or "Bdvertising Injury" (WhichBver definitions are used in your policy), arises out of the nmdering of or lallurB to render prolesslonal selVlc" by or for you; 6. To any: a, Owners or other Interests from wllom land has been leased; or b. Managers or lesSors of premises It (1) The 'occurrence" taltes place Biter you cease to be a tenant In that premises; or (21 The "bodily injury", 'property dBmage", 'personal and advertising injury' or "personal injul}''' or "advertising injury" (whichever definitions are used In your policy), arises oul of structural alleratlDns, new construction or demolitlon operlltions performed by or on behall of the owners or other interesla Irom whom land has been leasad. .,t,_" " y:fknn s/s--- /V'i'J-dy VCG2111081 IlncIuda copyrighted rrwler1a1 .or 1n6Ul'ahCe Service. Ofnc., Inc. e, A_ MuWollnouronc:e Com_v, , gge Page 1 of 1 10-07-2003 10:18 AM . .-------- The Umlts of Insurance of this Coverage Part apply separBtely to each cDnsecuwB annual pBrlod and to any re- maining period of less than 12 months, starting with thB ~ginnlng of the poflcy period shown in the Declarations, unless the policy period Is extended after issuance for an additional pellod of less than 12 months. In that case, the add~ fional pellod will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL UABIUTY CONDITIONS 1. Bankruptcy BBnkruptcy or Insolvency of the insured or of the Insured's estate will not relieve us of our obligations under this Caverege Part. 2. Du1ies In The Event Of Occurrence, Offense, Claim Or 3uh a. You must see to It that we are notified as soon as practicable of an 'occurrence' or an offense which may resutt in a claim. To the extent possible, notice should include: (1) How, whBn and where the 'OCCUITBnCi>" or offense took place; (2) The names and addresses of Bny injured persons BOO witnesses; and (3) The nature and location of Bny Injury or damage arising out of the "occurrence" or offense. b. If a claim Is made or "sujf' Is brought against any Insured, you must 11) Immediately record the specifics of the claim or "suit" Bnd the date received; and (2) Notify Us BS soon as practicable. Vou must see to It that we receive written notice 01 the claim or "suit" as soon BS practicable. c. You and any other involl/ad insured must: (i) Immediately send us copies of any demands, noticas, summonsllS or legal papers received in con- nection with \he claim or "'"'it'; (2) Authorize us to obteln recOrds and other Information; (3) Cooperate with us In the investigation or settlement of the claim or defense against the "su""; and ~ I",) A55ist us, upon our request. in the enforcement of any right Bgainst any person or organIZation which may be liable to thB insured because Of Injury or damage to which this Insurence may also apply, d. No Insured will, except at that insured's own cost, voluntalily make a payment, assume any obligation. or incur any expense, oth....tban l011il'sl aid. WIthout our conSBnt. 3. Legal Action AgaInst Us No person or organization has a right undBrthls CovBrage Part: e. To Join us BS a party or otherwise bong us into a "sua" asking for damages from an Insured; or b. To sue us on this Coverage Part unless BII of i1s tBrms have been fully complied with. A parson or orgBnization may SUB us to recover on an agreed settlement or on a fiIlal judgment against an in- sUled obtained BftBl an Bctual trial; but We Will not be liable for dBmag8$thBt arB not payable under the terms of this CDverega Part or that ale in excess or the applicable lima ollnsurance. An agreed selllement means a settle- ment and release of liability slgned by us, the Insured and the claimant or the cIalmanrslegal "'presentative. 4, Other Insurance ;, II other vafKl and collBctible insurance is available to the InsUled for a loss We cover under Coverages A or B of '.this C ur obligations ale Umlted as lollows; Primary Insurance IS nsuranee Is primary except when b. below ..pplies. If this Insurance is pIimary, our obligations are not affected unless any of the other Insurance is also primary. Then, we will share with ell that other Insurance by the method described In c. below. b. Excess Insurance This insurance is excess over: (1) lUIy of the other Insurance, whether primary, ex","",. contingent or on any other bas~: la) That Is Fire, Extended Coverage, BuildBrs Risk. lnstallaDon RIsk Q15imilar coverage for .your work"; (bl That Is Fire insurance for premises rented to you or temporarily occupied by you w"h permission of the owner; CG Gt01 D111 Copyright,lnsuran.c:. S.1"ViclM. Off'lee.lnc.. 10;7 COMMERCIAL GENERAL LiABILITY 10~07-2()()3 10:18 AM . . ~ (cl Thai Is Insurance purchased by you to cover your Uabllily as a lenanl for "property damage" 10 premises rented to you or tempol1lrily occupiBd by you with permission of the owner; or (d) If the loss arises oul 01 the maintenance or use of eircrBft, "aulos" or walercraft to the extent not SUbJBd to Exclusion g. 01 Sectlon'- Coverage A" Bodily Injury And Property DamagB Liability. (2) Any othBr primary Insurance avaDable to you covering liability for damagBS arising olll of thB premises or op- erations lor which you have baen added BS an additional insured by aIlachmenl of an endDlSBment. When this insurance Is BXC8SS, We will have no duty under Coverages A or B to defend the Insured against any "suit" If any other Insurer has a clutyto<lelend the Insured against thai "suit:'. If no other insurer defends, we will undertake to do so, but we will be entitled to tha insured's rights against all those othar Insurers. When this insurance is excess over other insurance, we will pay only our share of tha amount 01 the loss, if any, that exceeds the sum of: (11 The total amount thai all such other Insurance would pay for the loss in the absence of this insurance; and (21 The total of all deductible and self-Insured emounts under all that other insurance. We will share the remaining loss, if any, with any other insuranca that is not described In thl$ Excess Insur- ance provision and was not bought BpBcifically to apply in excess of the Umils of Insurance shown in the DeclarBtions of this Coverage Part. c. Method Of Shari ng If all 01 the other Insurance permits contribution by equal shBres, we will follow this method also. Under this approach Elaen insurer contributes equal amounts until It has paid Its BpplicBble limit of insurance or none of the loss remains, whichBver comBS first. If any of the other Insurance does not pennlt contribution by equal sharas, we will contribute by limlls. Under this method, each Insurer's share 1$ based on the ratio ollis applicable limit 01 insurance to the lotal appl~ cable limits of insurance of BII insurers. 5. Premium Audit a. We Yooill compute all premiums lor this Coverage Part In accordance with our rules Bnd rales. b. Premium shown in this Coverage Parl es advance premium Is a deposit premium only. Allhe close of each eudit period we will compute the earned pramium for that period. Audit prBmlums are dUB and payable on notice to the first Named Insured. If the sum of the aclvance and audn prBmiums paid for the poUcy period is grealer than the eamed premium, we will return the excess to the first Namecllnsured. c. Th. flrst Nemed Insured must keep records of th" Informatlon we neBd lor prBmium computation, and sBnd us coples at such times es we may request. 6. Representations By accepting this policy, you agree: a. The statements in the< Declarations are accurate and complete; b. Those statements are based upon reprllSentetions you made to us; and c. We have Issued this policy In rellanCB upon your repr"sentations. T. Separation Of InsulWlds Except with rllSpect to th" Umlts ollnsunmce, and any rights or duties specifically assigned In !hie Coverage Part to the fil$l Named Insured, thls insurancB applies: a. As if each Named Insured werB the only Named Insured; Bnd b. Separately to each Insured against whom claim is made or "suit" Is brought. 8. Transfer Of Rights Of Recovery Against Oth91'$ To Us If the insured ha rlgh!$ to recover aU or part of any payment wa have made under this Coverage Pert, those rights ere !renslerred to us. The insured must do nothing Biter loss to Impair them. M. our request, the insured will bling .suit" or transfer those rights to us and hBlp us enforco them. 9. When We Do Not Renew If we decide not to renew this Coverege Part, WB will mall or deliver 10 the first Named Insured shown in the Declarations wrttten notice of the nonnmewal not less than 30 days before the expiration date. It notice is mailed, proof of mailing will be sufficient proof of notice. ~~4- \. " ' ,,' ~I " COMMERCIAL GENERAL LIA8IUTY Copyrlghl.lm;urance SeMc.. Office. Inc., 1997 CG 0001079S STATE COMPENSATION INSURANCE FUND JULY 29, 2005 A~ ;)c01- ::.l.l5 A - dCP:l. - OO:J- f}~;n;o:J.- ;2~3 A- ;)Ddf. or!/.r, A- .)_ws-.038 IN REPLY REFER TO: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CANCELLATION NOTICE RE: CERTIFICATE DATED JULY 14, 2004 THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW HAS BEEN CANCELLED EFFECTIVE JULY 14, 2005 AT 12:01 A.M. IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT THE EMPLOYER NAMED BELOW EMPLOYER: lMAGEWARE SYSTEMS, INe 10883 THORNMINT RD STE A SAN DIEGO, CA 92127 POLICY 1689229-04 POLICYHOLDER SERVICES SAN DIEGO DISTRICT OFFICE (858) 552-7000 1275 Market Street. San Francisco, CA 94103-1410 Mailing Address: P.O. Box 420807. San Francisco. CA 94142-0807 selF 19102 ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) OS/26i200614:24 PRODUCER Barney & Barney LLC 9171 Towne Centre Drive Suite 500 San Diego, CA 92122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURED ImageWare Systems, Inc. A-.2oo/- ;lJ5 A - ..<00..< - ':<';;13 A_.;loo-f-o'7(P A- .;>,005 - D3 A- l>O - C> INSURERS AFFORDING COVERAGE INSURER A' OllcBcacon - Atlantic Specialty Ins. CO. INSURER B: l1ndenvriters at Lloyd's London INSURER C' NAIC # 27154 10883 THORNMINT ROAD SAN DIEGO, CA 92127 COVERAGES INSURER O' INSURER E' 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I!I!"~ ~~~'~ -,-_. POLJCY NUMBER PRHS-~ EFFECTIVE Pgi!P EXPIRATION LIMITS I ~NERAL L1AB/UTY EACH OCCURRENCE , 1,000,000 X X COMMERCIAL GENERAL LIABILITY 7/1 012005 7/1 0/2006 I ~~ , 1,000,000 PREMI~ES Ea OCOJrence I C- _J CLAIMS MADE 0 OCCUR I 7110052520001 MEa EXP (Any Qf1e persoo) " 10,000 A L- PERSONAL & AaV INJURY $ EXCLUDED --~_._--,-_._.,--- L- GENERAL AGGREGATE , 2,000,000 ~'l AGG~EnE LIMIT APPLIES PER' This certificate amends and upercedes prior certificates PRODUCTS - COMP/OP AGG , 2,000,000 x POLICY ~~,Q.r i I laC . ~TOMOBILE LIABILITY I COMBINED SINGLE LIMIT I $ 1,000,000 L- ANY AUTO L(Ea aCCIdent) ALL OWNED AUTOS , 1--- BODilY INJURY I , SCHEDULED AUTOS 711005252000 I 7/10/2005 7/1 0/2006 (Per person} A C- [, ..~ L.'. HIRED AUTOS BODILY INJURY L.'. NON-OWNED AUTOS (PeraCCidenl) I--- PROPERTY DAMAGE , (Per acCident) RRAGE LIABILITY I AUTO ONLY. EA ACCIDENT , ANY AUTO ! OTHER THAN EA ACC , , , AUTO ONLY AGG S , 0ESSlUMElRElLA lIABILITY , EACH OCCURRENCE , 2,000,000 -x OCCUR D CLAIMS MADE AGGREGATE , 2,000,000 A 7110052520001 7/1 0/2005 7/1 0/2006 , R DEDUCTTBLE $ RETENTION , I , WORKERS COMPENSATION AND I I TWC STATU- IOJ~. EMPLOYERS' LIABILITY ~,OOO,OOO A ANY PROPRIETOR/PARTNER/EXECUTIVE 406010242 CA 7/14/2005 7/14/2006 E_L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E_l. DISEASE EA EMPlOYE~ , 1,000,000 ~trbirpkt;)~s~6rNS below E.l, DISEASE POLICY LIMIT , 1,000,000 OTHER 1,000,000 8 Professional Liability-Errors & SEN2105000221 7/1 0/2005 7/1 0/2006 Omissions I 50,000 SIR DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS , ., ~-.. '--:-', >'0 ',\.I\J * I 0 days notice for non-payment of premium. j3;11~--'-:fjjc!. RE: Installation and maintenance of "crimes" hardware & software. .' ..,' . CERTIFICATE HOLDER CANCELLATION Mst # 2130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAilURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE olin Xsieli 36466 @ACORD CORPORATION 1988 City Of Santa Ana, Its Officers, Employees, Agents And Volunteers 20 Civic Cenrer Plaza Santa Ana, CA 9270] ACORD 25 (2001/08) Client # 31868 Cert# Subiect: 2 1., IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. '-I~{/" I f:r' '.' (; ACORD 25 (2001/08) Insured: ImageWare Systems, Inc. Named Insureds I mageWare Systems, Inc. ImageWare Software, Inc. (Inactive) Imaging Technology Corporation (Inactive) Ximage (Inactive) ImageWare Systems ID Group, Inc. Castleworks,LLC (Inactive) E-Focus West, LLC (Inactive) ImageWare Digital Photography Systems, LLC IW Systems Canada Company G&A Imaging, Inc. (Inactive) Digital Imaging International GMBA (Germany) Digital Imaging Asia Pacific PTE Ltd. (Singapore) Master# 2130 Attachment Page Cert # 36466 ....1/.>' /./ " ')!Cp INSURED: ImageWare Systems, Inc. COMPANY: Atlantic Specialty Insurance Company POLICY #: 7110052520001 POLICY PERIOD: 711012005 EFFECTIVE DATE 512612006 TO 711012006 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY, ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endotMment modifies insurance provided under the folklwilg: CQt,,>NERCIAL GENERAL LIABIlITY COVERAGE FORM The WHO IS AN INSURED section Is amended to include a. an insured any pe""'" or organization wIlh Whom you agreed In a written oonlrael, written agreamant or pell11il to provida In.unmce suen as Is afforded under this Coverage Pari, bUt only with respect to your operations. )'our work" or f1Ici_ _ Of used by you. This prcMsjo~ does no! apply: 1. Unless the written contract, agreeme~t or permk has an effec1ive date and has been issued prior to the "bodily i~jury", "",operty damage". "personal and advertising injury" or "personal injury" or "adll8rtising ...jury" (wrnchever dennlllo... are used In your polley); 2. To any person or organ_n ...eluded as an looured under the Additional Insured - Broad Form Vendors PfO'/isi<l<1 of this endorsement; 3. To any person or ofll8l1lzallon included as an ","unod by an endo"",",enl issued by us and made part of tills Coverage Pa rt; 4. Toanyl.-rofequlpmerrt; a, Altw the eq uipment lease expO'es; or b. If the 'bodily injury", "property damage', "personal and advertising Injury" or "personal injury" or "advertising injury" (whichever de_ona are used in your polcy), erlses out 01 tile sole nagigence of the lessor; 5. To any parson or organ_n il1l1e "bocIly Injury", "property damage', "personal and advertising injury" or "palllonallnjury" or "edverhing injury" (which...... deftnlllons ore used in your policy), arises out of the rendering 01 or !allure 10 render professlonal ""ovic... by or lor you; 6. To any: a, Owners or other Inleresls Irom whom land has been leased; or b. Managers... lessors at prem_1t: (1) The 'occurrence" taI<es place after you cease 10 be a tenant in thai premises; or (2) The "bodily injury", "property damage', "pelSOllal and advertising Injury" or "pe<sonal injury" or "adveftising injury" (v.tlien...... definitions ere used In your policy), arlsell out of_rei alteraliollS, new cons1nJction or demoition oparations performed by or on behaK oflhe owners or OIlIer interests from whom land has been leasad. 0/j .1) , if ~.____' 1,/ /./;' " _>~"_.) ii,' I VCGU11t1l Indudn~~QfINlUi!lne6~()f'b"lnc. ., A.tIn!cMl.UIll~ Cornptny, 1998 PBQt 1 ot 1 The Umits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any re- maining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended atter issuance for an additional period of less than 12 months. In that case, the addi- tional period will be deemed part of the last preceding pariod for purposes of determining the Umlts of Insurance. SECTION IV - COMMERCIAL GENERAL L1ABIUTY CONDITIONS 1, Bankruptcy Bankruptcy or insolvency of the insured or at the insured's eslate will not relieve us of our obligatons under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or iegal papers received in con- nection with the claim or "su~": (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigaton or settlement of the claim or defense against the "suif'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, vvithout our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b, To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an in- sured obtained after an actual trial; but we wiil not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable Iim~ ot insurance. An agreed settlement means a settle- ment and release of Iiabil~ signed by us, the insured and the claimant or the claimanfs legal representative. 4, Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or 8 of this_G.QlI.e[agaP-"rt~our obligations are limited as follows: I _.----- _______. I C~- a, Primary Insurance..) '\0 I This insurance is primary except when b, below applies. If this insurance is primary, our obligations are not >" , affected unless any of the other insurance is also primary. Then, we will share w~ all that other insurance ~ ! by the method described in c, below. b. Excess insurance , This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; CG 00 01 07 98 Copyright, Insurance Services Office, Inc" 1997 COMMERCIAL GENERAL LIABILITY P"f'I'" Q ", 1..1 INSURED: ImageWare Systems, Inc. COMPANY: Atlantic Specialty Insurance Company POLICY #: 7110052520001 POLICY PERIOD 7/10/2005 EFFECTIVE DATE: 5/26/2006 TO 7/10/2006 Ie) That is insurance purchasad by you to cover your liabilily as a lenant for "property damage" to premises rented to you or temporarily occupied by you with permlsslon 01 the owner: or Cd) lithe loss arises oul olllle mairrtenance or use of eircraft, "eutos" (l( watercraft to the eident not subject to Exclusion g. of Section 1- Covecag.. A - Bodily Injury And Property Damage Liability. (Zl Perl other PJinaIY insuIance 8VIilable to you covering lability fur damages arising out of the pre~ or O!>- erations for which you have been added as an addl1lonat il'IslIred by attachment 01 an endorsement. When tIlis Insurance is excess, we WIll have no duty under Coverages A or B to defend the insured against any "su~' II any olher insurer has a duty 10 delend the insured egainst that "suit". If no other insurer deleods, we will undertake to do so, but we will be entJtIed to the iflSured's rights agamst all those other i_rers. When this insurance is excess over other insurance. we will pay only our share of the amount of the loss, II any, that exceeds the sum of: (1) The latal amount thai all such olher insurance would paylor (he losstn the absence ofthls insurance: and (2) The total at all deductible and salf-insured amounts under alllhat other insurance. We will share the remaining loss, II any, with any other Insurance thAt is nol described in this Excess Insur- ance provision and was not bought specifically 10 apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part e, Method Ot Shoring If all 01 the other insurance permits contribution by equal shares, we wi~ foHow this method als<>, Under Ihis approach each insurer contrioUles equal amounls until it has paid i1s applicable limit of insurance or none 01 the loss remains, whIchever comes 'first. If any of the other insurance does not permit con1ribution by equal shares, we will contribute by limits, Under this method, each insurer's share is based on the ratio of its applicable limit of rnsurance to the total appli- cable .mits of insurance of all insurers. 5. Premium Audit 4. We will compute all premium:! for thts Coverage Part in accordance with our rules and f<:lles. b. Premium shown in this C-<>vecage Parlas advance premium is a depos~ premium only, AI the close or each audit period we will compute lhe eamed premium lor ll1at period, Audit premiums are due and payable on notice to 1I1e first Named Insured. If Ihe sum of the advance and audit prerrWffiS paid for tl1e poicy period lS greater than the eamed premium, _,.,m re111m the exress lathe IiraI Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: 8. The statements in !he DedaraliOOs sle aCCufate and complete; b. Those stalements are based upon represenlaUons you made to us: and e. W!'..have issu">l fh!.spolicy in reliance upon your representations. '7;' Separation O!.!~.:.:> L-.______ _ _..__ _- "- '\)"., Except with respect to the Limits of Insurance, and any rights or du1tes specificelly assigned in this Coverage "- Part to the first Named Insured, this Insurance applies: '--.:.., I a. As if each Named Insured wer" the only Named Insured; and '---:lJ.- 7b..:.....i?"e?,r~te!y.to!'~chjn~I~ ilJll!lns! tJ!l0f!1 plaiTll-'S_rn..."~e or "suit" is broog ht. ',' r.Jl.~T"'nsf~r Of Righ!!_~~~ry Against Others To Us."':> '\' J If the Insored has rights to recov-er-;'iiOrpartor"ny ;'yment we have made undor this Coverage Part, thaee "\ rights are transterred to us, The insured must do nothing aner loss to impair them. At our requesl, the insurad will bring "suit" or transfer those rights to us and help us enforce them. 9. When We 00 Not Ren<>w II we d"cide nol 10 renew this Coverage Part. we will mail or deHvcr 10 the firat Nemed Insured shown in ll1e Declarations written notice of the nonrenewal nolle.. than 30 days before the expiration dale, If notice is mailed, proof of maiUng will be suffident proof of notice. COMMERCIAL GENERAL LIABlUTY C::tll'l~ 11Y'I.~~",rvi,.........(;ff\r-A lnr IQO."