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Home My WebLink AboutIMAGEWARE 1D -2004 INSURANCE ON FILE WORK MAY PROCEED lJNTIL INSURANCE EXPIRES 7 ~ 10-01- CLERK OF COUNCIL DATE: 5- ;)..-01' A-2004-076 C.'Ph L.:f lXt.hel,wlI\) THIRD AMENDMENT TO RENEWAL SOFTWARE AND HARDWARE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO RENEWAL SOFTWARE AND HA~W ARE MAINTENANCE AGREEMENT "Third Amendment," made and entered into this ~ day of ~ 2004, by and between Imageware Systems, Inc. ("IWS") and the City of Santa Ana, a chartdclty and municipal corporation organized and existing under the Constitution and the Laws of the State of California ("CITY"). 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 Second Amendment to Agreement, No. A- 2002-223, modified the cost of maintenance D. The Parties now desire to amend the Agreement add an additional $18,000 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. Exhibit A of the Agreement and Second Amendment shall be replaced with Exhibit A attached to this Third Amendment. 3. An additional amount not to exceed $18,000 is added to the total amount of compensation to cover the cost of the maintenance as reflected in Exhibit A. 4. Except as hereinabove modified, the terms and conditions of the Agreement and the First Amendment remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the date and year first above written. (SIGNATURES CONTINUED) Exhibit A Santa Ana Police Department Maintenance Schedule February 2004 -January 2005 DESCRIPTION QTV SO# PO# Server xSeries 235 Xeon Dual Processor 1.8GHz 256MB Ram 1 S06739 A-2002-223 20/40 GB Tape Drive 1 S06739 A-20D2-223 ServeRAID 4MX 2 Channel 1 S06739 A-2002-223 73.4GB Hard Disk Drives 4 S06739 A-2002-223 APC UPS 700 1 S06739 A-2D02-223 SCSI Cable to Internal RAID 1 S06739 A-2002-223 15" (13.8" viewable) Manitor - Stealth Black 1 S06739 A-2002-223 I""..,,\>ap. IBM PC 3DDPL 6862 (4x4) 2 PC 300PL Pentium II 400MHz 1 S01396 A-1999-095 (Std) IBM 6.4GB EIDE Hard Drive (Std) 10/100 PCI Ethernet WOL (Std) 16-bit ISA Crystal Audio Integrated (Std) 400/100MHz MMX Pentium II Processor with 512KB (Std) 4MB Integrated SGRAM Video Memory (Std) 64MB 60ns NP SDRAM DIMM (Std) CD-ROM Drive Internal32X Max (Variable Speed) (Std) IBM 1.44MB 3.5-inch Diskette Drive (Std) IBM 104-key Rubber Dome Keyboard (Std) Integrated IDE Cantroller (Std) S3 Tria3D AGP Graphics Integrated G74 -17(15.9) in. Color Mon~or, 69 KHz, Stealth Gray 1 S01396 A- 1999-095 H~achl HVC-l 1 (Preventative Maintenance Only) PM Support anly S01396 A- 1999-095 Fujinon 016 x7.3B-Y41 Lens 1 S01396 A- 1999-095 3 point Lighting svstem 1 S01396 A-1999-095 Pan and Tilt Camera mount 1 S01396 A- I 999-095 Reflective Pedestal 1 S01396 A-1999-095 Cable bundle 1 S01396 A-1999-095 Power Suoolv 1 S01396 A-1999-095 N 1ST compliance capture software 1 S01396 A-1999-095 Capture Card MVPro 1 S01396 A-1999-095 Capture Software 1 S01396 A-1999-095 I""..,,<;apz IBM PC 3DOPL 6862 (4x4) 2 PC 300PL Pentium II 40DMHz 1 S01396 A- 1999-095 (Std) IBM 6.4GB EiDE Hard Drive (Std) 10/100 PCI Ethernet WOL (Std) 16-bitlSA Crystal Audia Integrated (Std) 400/100MHz MMX Pentium II Processor with 512KB (Std) 4MB Integrated SGRAM Video Memory (Std) 64MB 60ns NP SDRAM DIMM (Std) CD-ROM Drive Internal 32X Max (Variable Speed) (Std) IBM 1.44MB 3.5-inch Diskette Drive (Std) IBM 104-key Rubber Dame Keyboard (Std) Integrated IDE Cantraller (Std) S3 Tria3D AGP Graphics Integrated G74 - 17(15.9) in. Caiar Mon~or, 69 KHz, Stealth Gray 1 S01396 A-1999-095 3-chip camera HVC-10 (Preventative Maintenance Only) PM Support only S01396 A-1999-095 Fujinon D16 x7.3B-Y41 Lens 1 S01396 A-1999-095 3 ooint Liohtina system 1 S01396 A-1999-095 Pan and Tilt Camera mount 1 S01396 A- 1999-095 Reflective Pedestal 1 S01396 A- 1999-095 Exhibit A Santa Ana Police Department Maintenance Schedule February 2004 -January 2005 DESCRIPTION QTY SO# PO# I Cable bundle 1 S01396 A-1999-D95 Power SUDDlv 1 S01396 A-1999-095 CaDture Card MVPro 1 S01396 A-1999-095 Capture Saftware 1 S01396 A-1999-095 NIST compliance capture software 1 S01396 A-1999-095 SAPO INVl IBM PC 300PL 6862 (4x4) 2 PC 300PL Pentium II 400MHz 1 S01396 A-1999-095 (Std) IBM 6.4GB EIDE Hard Drive (Std) 10/100 PCI EthernetWOL (SId) 16-blt ISA Cryslal Audio Integrated (SId) 4DO/100MHz MMX Pentium II Processor wilh 512KB (SId) 4MB Integraled SGRAM Video Memory (SId) 64MB 60ns NP SDRAM DIMM (SId) CD-ROM Drive Internal 32X Max (Variable Speed) (SId) IBM 1.44MB 3.5-inch Diskette Drive (SId) IBM 104-key Rubber Dome Keybaard (SId) Inlegrated IDE Controller (SId) S3 Trla3D AGP Graphics Inlegrated G74 - 17(15.9) in. Calar Manitar, 69 KHz, Stea~h Gray 1 S01396 A-1999-095 Investigative Sfotwars 1 S01396 A-1999-095 MISC. ""nware InvesliaallvelMuabaak 5 S01396 A-1999-D95 Crime Web Server 1 S01901 A2000-204 Crime Web Wireless (5 Concurrent Users) 5 S01901 A2000-204 Crime Web FFS (5 Cancurrenl Users) 1 S01901 A2000-204 iii'ti!!ijlli!!!iiil,jIWi':!i!irj'ii!':' ii;ji:liL.Hiiii;:i!d ,Ii[;! iii,ii!!'i,"'[i,i "I"iI,,,::.""";,"'!'!,I""!i!!I' ili!:i!!!!!!!!!!!!!!!!!;]1 i !i!i!lli!! ji,I:!]!!!:I!!!!!!! [;i!i!!!!i!J!i!!"jHii!!i!ili!!!ilninii! ":,.........."...1", ,'>'I 1 . ,,;:: "','''l''''.'''- ". : Hardware Maintenance $6,055.11 Software Maintenance $9,264.63 _lill!.!iii:i'!ii!!iiiHili11i!!ii :ii:li1hl"ill:;lji!,:: i!!!!ii"!'jijj',iii!:,r;j!)li!iiHi! 1mii!!::!!:!!!! iP"ii!;'i!P!iFi!diiiWiii!!Ei i!ii!!!'l;qrj:~'!i!!i!'H!ii:ii!! ImageWare Systems, Inc. Invoice No. 20103 INVOICE !!!!!!! Customer Name Santa Ana Police Dept Address 60 Civic Center Plaza, M97 City Santa Ana CA Attn, 92702 Date Order No. Rep FOB 12/8/2003 Maintenance Qty Description Unit Price TOTAL 1 Hardware Maintenance $6,055.11 $6,055.11 1 Software Maintenance $9,284,63 $9,284,63 Period: Feb 1, 2004 - Jan 31, 2005 SubTotal $15,339.74 Shipping & Handling DUE UPON RECEIPT Taxes State $1,188.83 TOTAL $16,528.57 lottice Use Only Thank you 10883 Thornmint Road. San Diego, CA 92127' Phone 858-673-8600' Fax 858-673-1770- Internet www.iwsinc.com ImageWare Systems, Inc. is publicly traded on The American Stock Exchange under symbol: IW 4 Exhibit A Santa Ana Police Department Maintenance Schedule February 2004 -January 2005 DESCRIPTION QTY 50# PO# Server xSeries 235 Xeon Dual Processor 1.8GHz 256MB Ram 1 506739 A-2002-223 20/40 GB Tape Drive 1 506739 A-2002-223 ServeRAID 4MX 2 Channel 1 - S06739 A-2002-223 - S06739 - A-2002-223 73.4GB Hard Disk Drives 4 APC UPS 700 1 506739 A-2002-223 SCSI Cable to Internal RAID - 1 S06739 A.2002-223 15" (13,8" viewable) Monitor - Stealth Black - S06739 A-2002-223 1 15At'u "apl IBM PC 300PL 6862 (4x4) 2 - PC 300PL Pentium II 400MHz 1 501396 A-1999-095 (Std) IBM 6.4GBI"IDE Hard Drive _ -- --------- ---- ---- ----- ------ ----- -- d(Std) -1 OIioo PCI Elhernet 1'16[-- ,-- (Std) 16-bit ISA Crystal Audia Integrated - (Std) 400/100MHz MMX Pentium II Processor with 512KB (Std) 4MB Integrated SGRAM Video Memory - (Std) 64MB 60ns NP SDRAM DIMM (Std) CD-ROM Drive Internal32X Max (Variable Speed) (Std) IBM 1.44MB 3.5-inch Diskette Drive (Std) IBM 1 04-key Rubber Dome Keybaard -- (Std) Integrated IDE Controller (Std) S3 Trio3D AGP Graphics Integrated G74 - 17(15,9) in. Color Monitor, 69 KHz, Stealth Gray 1 S01396 A-1999-095 Hitachi HVC-11 (Preventative Maintenance Only) PM Support only S01396 A-1999-095 Fujinon 016 x7,3B-Y41 Lens 1 S01396 A- 1999-095 3 point LiQhting system 1 'S01396 A-1 999-095 Pan and Tilt Camera mount 1 S01396 A-1999-095 Reflective Pedestal 1 S01396 A-1999-095 Cable bundle 1 S01396 A-1999-095 Power Supply 1 S01396 A-1999-095 NIST compliance capture software 1 S01396 A-1 999-095 Capture Card MVPro 1 S01396 A-1 999-095 Capture Software 1 501396 A-1999-095 l"At'U "ap~ IBM PC 300PL 6862 (4x4) 2 PC 300PL Pentium 11400MHz 1 S01396 A-1 999-095 (Std) IBM 6,4GB EIDE Hard Drive ~ (Std) 10/100 PCI Ethernet WOL L_ (Std) 16-bit ISA Crystal Audio Integrated (Std) 400/100MHz MMX Pentium II Processor with 512KB (Std) 4MB Integrated SGRAM Videa Memory (Std) 64MB 60ns NP SDRAM OIMM (Std) CD-ROM Drive Internal 32X Max (Variable Speed) --- (Std) IBM 1.44MB 3,5-inch Diskette Drive 1-__ (Std) IBM 104-key Rubber Dome Keyboard -- (Std) Integrated IDE Controller ~: (Std) 53 Trio30 AGP Graphics Integrated - ,- G74 - 17(15,9) in_ Color Monitor, 69 KHz, Stealth Gray 1 S01396 A-1999-095 3~chjp camera ~VC-1 0 (Preventati~e Maintenance Only) PM Support only S01396 A-1999-095 FujinonD16x7.3B-Y41 Lens - 1 SO 1396 A-1 999-095 3 ooint Lighting system - ~ 1 S01396 A-1999-095 1 S01396 A-1999-095 f_an and Tilt Camera mount .. -~ Reflective Pedestal 1 1501396 ~~99'095 __ -.-.------..-.-.-- -- " Exhibit A Santa Ana Police Department Maintenance Schedule February 2004 -January 2005 DESCRIPTION OTY SO# PD# Cable bundle Power Su Iy Ca ture Card MVPro Ca tUfe Software NIST compliance capture software SAPO INV1 IBM PC 300PL 6862 (4x4) 2 PC 300PL Pentium II 400MHz (Std) IBM 6.4GB EIOE Hard Drive (Std) tOil 00 PCI Ethernet WOL JStd) 16-bit iSA Crystal Audio Integrated (Std) 400/100MHz MMX Pentium II Processor with 512KB (Std)4MB Integrated SGRAMVideo-Memory ------- (Std) 64MB 60ns NP SORAM OIMM (Std) CD-ROM Drive Internal 32X Max (Variable Speed) (Std) IBM 1.44MB 3,5-inch Diskette Drive (Std) IBM 1 04-key Rubber Dome Keybaard (5td) Integrated IDE Cantreller (5td) 53 Tria30 AGP Graphics Integrated G74 - 17(15,9) in. Color Monitor, 69 KHz, 5tealth Gray Investigative Sfotware sc. 0 ware 501396 501396 501396 501396 501396 A-I 999-095 A-1999-095 A-1999-095 A-1999-095 A-1999-095 501396 A- t 999-095 501396 501396 A-1999-095 A-' 999-095 _10-07-2D93 10'18 AM . . .- A<<~<<.llIt. CERTIFICATE OF INSURANCE I$SUE DATE (MMlDDIYY) PRA26090 No 99513009/22/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN[ LicOC03950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATI L. OC24310 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED llY THI ~ C POLICIES llELOW. PRODUCER Barney & Barney, Barney & Barney, P.O. Box 85638 San Diego, CA (858) 457-3414 Mst#: 3646 LLC-CA Inc-CA 92186-5638 4.d. (JO.,J.- J,).3 ,4..).00;;'- 00';;" 'l - d.-OO J - ;;l./.5 INSURED IMAGEWARE SYSTEMS, INC., AL, SEE ATTACHED) 10883 THORNMINT ROAD SAN DIEGO CA 92127 (ET COMPANIES AFFORDING COVERAGE -~---~- ---------~._.~-----~-- ATLANTIC-ATLANTIC MUTUAL INSURANCE t~~~NY A CO. CARPENTER MOORE --LL6YDS-OFLONDON~ t~~~NY B E~#:~NY c NO COVERAGE ON THIS DOCUMENT - t~:~NY 0 NO COVERAGE ON THIS DOCUMENT -~- NOCOV'ERAGE ON THIS DOCUMENT t~#~~NY E COVERA~ES.. . ..'. . . 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, TEAM 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, .'2.~ TYPE OF INSURANCE POLICY NUMBER ~ERAL LIABILITY V COMMERCIAL GENERAL UABILITY A l CLAIMSMAllE[X] aCCUR, 761- 0 0 - 67 -7 9 ~ OWNER'S & CONTRACTOR'S PROTo POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDNY) DATE {MMlDDNY) LIMITS GENERAl AGGREGATE $ *2 000,.Qj; PRODUCTS-COMP/OP AGG, $ * 2 0 0 0 ~ 07/10/03 07/10/04 PERSONAL,ADV, INJURY $ EXCLUDED EACH OCCURRENCE $ * l~O-l_O.J FIRE DAMAGE (Any one fire) S * 1 ~@/~ MED. EXPENSE (MY one peBOn) S * * ... * 1 0 0 ( 1 AUTOMOBILE LIABILITY l- ANY AUTO ~ ALL OWNED AUTOS SCHEDULED AUTOS .- )!!!I~71/IJ Ii ,', I' $*1 000 O( _____1__ Atx: ~ - HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY 761-00-67-79 ~CE'SS LIABILITY A X UMBRElLA FORM OTHER THAN UMBRELLA FORM 761-00-67-79 WORKER'S COMPENSATION AND EMPLOYERS'LIABIUTY OTHER PROFESSIONAL B LIABILITY-ERRORS & OMMISIONS 02S0L0211 DESCRIPTION OF OPERATIONS I LQCATlONS I VEHICLES ISPECIAllTEM$ COMBINED SINGLE LIMIT BODILY INJURY (Per person) S********ooJ 07/10/03 o 7 / 1 0 / 04 BODILY INJURY (Peraccidenl} I PROPERlY DAMAGE S********~ $********, I 07/10/031 $ * l...J2.0~.m $*2 OOO,OC EACH OCCURRENCE 07/10/04 AGGREGATE . I STATUTORY UMITS m EACH ACCIDENT S * *** * * * * ~ DISEASE -POLICY LIMIT $ * * * * * * * *, DISEASE - EACH EMPLOYEE s * * * * * * * * . $1,000,000 LIMIT; 07/10/04 $50,000 SIR 07/10/03 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 L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH EXPIFl:ATION DATE THEREOF, THE ISSUING, COMPANY WilL ENDEAVOR Tl MAIL 3iL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH l -. lEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION 0 ;., LIABILITy OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVE~ :, j' AUTHORIZED REPRE~ENTATIV~KONI RITCH :~.t-~, -'. "._,." -~.. ....- ~-'.. . . --.- ._.~.. JUL-27-04 4:40PM; PAGE 2/2 _______ nBG.mt.~~~'~OOY-Dr; L_ f--' ....-,.---.- .~.__..__..~_.'----'--- .-u5.DA'I',IoAWODo/'l'YJ i AC.... CERTIFICATE OF INSURANCE PRA26090 No 99513 07/20/04 I..oouc.. . -'Ti1i's 'cml,ic,.u ,S',S8UED AS"" MATTEIt QF"NfOR_TION'QNiv AND ' . 'larney Ii< BArney. LLC-CA L1COC03950'CONFEFlll NO RIGHTS UPON THE CERTlFICATI! HOLDe... 1M'. CERTIFICA" sa rney &. Rarney, I ne - CA LicOC2H 1 o[~~_';M~D. E~ND OR_~~R THE COVERAGE """ORDED_ BY THE 1 I P _ O. Box 85638 I San Diego. CA 92186-5638 COMPANIES AFFORDING COVERAGE I \ (856) 457-34)4 ATLANTIC - ATLANTIC SPECIALTY INS. 'I Ms.C#.: 3616 ~;tn' A CO ~ ~y B CARPENTER MOORE - LLO'iDS OF LONDON l....... lMAGEWARE SYSTEMS, INC.. lET I AL, SF.E ATTACHED} ;4- ;;u;o1-o7to A: - allCl- :1.l5 .4- ....00...- Co;>. 1081U THORNMINT ROAD ~__O;J.-2~ f="" D SAN DIEGO CA 92127 9SA6 0291 ; ~TC NO ('OV"RAGE ON THIS DOCUMSNT NO COVERAGE ON THIS DOCUMENT ~~E NO COVERAGE. ON THI S DOCUMENT CO_ THIS IS TO CEFlTIFV T"""'T THE pOUCIES OF INS\.lRANCe 8€lOW HAVE BEEN ISSUED TO THfo INSURED NAMED ABOVto' t'OR THE POliCY Pf:AIOO ~DC"iIEO NOlWlTHSTANDlNG ANY REQUIREMENT, TeR~ OR. CONDITION OF ANY CONTRACT OR OTHER OOCU""f.NI WITH RESPECT TO WW1CH THIS CI::"'III-I(ATE MAY 8E ISSUED OR M...V ptHIAJN, TtotE IN&uRA.NCE AFr'OAOEO BY- Tl'4F POt: ICWS 'OiOCRlQCO tl!A!lH" 16 6UaJiCT TO AU. THE TERM6-, 9Cl..U&IONS AND- ~~~_~tONt OF 6UC~ pouOIES. L1MIT~ ~.OWN M!'V ~~V[ O~N A!.CUCED BV PAID CLA~~ ---' I co TYPrCWIflll5UMHCf" ~ICV NUMHpt IICM.ICY ElII'lII'~ IIOLleV 1!1Il''''''noN ~Tr(WMIDOIYYl DAft ~ """" QlHf.RAL LlMlJ1'Y X CQMMI:RCI4L l%Nff'A1 L.tA8lUTY A. .,.. : C\..ArM'j.Ma,nt-' X, OCCUl'l, nwNeJf'S' C('lNTJUot:~lf')fo.'F.llnoT 711-00-52-52-0000 07/10/04 G"NtAN....oof'I~l)4'ft 10 *2,000,000 PAOOUC'8.C()MPIOPAGG. $ *: 2 , 0 0 0 , 00 07/10/0S.''''''''''''''''1NJUfI'' . EXCLUDEP EACH oociJfMiNCi S. '" 1, 00 Q , 00 FHDMlIACi&6MtUl'l."1 S *1,000,00 MEO. (XPI'NU loM~}~'_" ~IIJ' ........ * 10 . 00 COMBINCD SlNalf ""'" AUTOMOIIU .....~ . "I'N.-.uTO .....LUWNm...llfl... eCf4E.OIJLEOIlIJlI"It; ^. X.. HlA'CJA\I1'OS .J{..: NDN-OWNfO AulOS ~rUABIL.lrv 800IlV INJlJfty ~,.....",.) 711-00-:,2-52-0000 07/10/04 07/10!OSooc>.v,::.....v l""etlI">tl"'~ :' ..........1r........ s ......*...* ,*2,000,00 . "2,000,00 PROKATY OAMA,G[ :~1AMJl-Y c_ A, ~.: ......,...QLA fOf'lM 0'/ltSl THAN- UMll"t~QRM ~".. COMPENSA'tOtt ".D EMPLOYIR!i' UA.ftlUlY EACI4 QCGuMfNCf 711-00-:,2-52-0000 07/10/04 07/10/05.........n .,-_. 0'_ PROFESSIONAL. B LIADILITY ERRORS S,'402040X & OMMIS:iONS .51ATUtQA'VI llMT'r. ,.",CIlACaot'HT I............." OISEASt-POUCYtJlAIl lit............. Pl'9~~~!..-:- EA~~.~Ov~L ,."... .. * · .. * · $1,000,000 LIMrT; 07/10/04 07/10/05 $50,000 SIR . .-. -. ---.-.-.'..---.-. lCIIPtiltlP'RON--OF OKM1lONt/. LOCA'fIOH~/~)QLI!.& ''''c~lnMa .' -",'''---'-'--- -----.- .-.,......-... i _ __. .__---.J RE, IN5TALLA'rION AND MAINTE:NANCE: OF "CRIMBS" HARDWARE & SOFTWARI:: I fa-RTR;ATE NO&.DiR------ I CA~Di...--._. .--.-. .-. .--.....--. - SHOULD- ...NY' Of THE ABOVE 0E5CRI8EO POLlCrE5 'M- CANCfL.L.ED BEFORE Tt+E EXPIRATION DATf 'THERtOt, THE ISSUING COMPANY Will ENDEAVOR TO CITY' OF BA.NTA ANA. ITS OFF.TCERS, MA.IL....1Q... DAYSWRrrTE.N NOller -"0 THE CERTIFICATE HOLDt:.ti N,liMf.D 10 lHE EMPI.OYEES, AGENTS l\ND l..I:::n. QUT fA-IWRC TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATIQN O~ VOL,UNTEEH~ LIADILlTV OF' ANY KIND UPON THE COMPANY, ITS Ar.iNHl 01-1 ~Ii:P"'E9t:N'Allves. 20 CIVIC CGNTER PLAZA -.-.-_.__._, ----- ------. SANTA ANA Cl\ 92701 .OT"""'..O........ 'lY' KONl .R~ ~~~~11~,...__.,,__.__._............. .....___.,_..__....._. " .. '" " -..co..oCOIltIOftA'rtOMt_ I THE CERTIFICATE HOLDER IS NAMED AS ADDmONAL INSUREDPER THE ATTACHED -ENDORSEMENT. -.- ~ ,;/?jv~a1 v [ 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 10 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) ~~ 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 orgBnlzation wllh whom you Bgreed In B written contract, written agreement or permlltD provide insurance such as is afforded under this Coverage Part, but only with respBct to your operations, "your work" or facilities owned or used by you. This provision does not apply: 1. Unless the written contract, Bgreement or permit has an effective date and has been issued prior to the "bodily injury", 'property damage', "personal and Bdvertlsing injury' or "personal Injury" or "Bdvertising injury" (whichever definitions are used 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 any person or organization included as an Insured by an endorsement Issued by us and made part of this CoverBgB Part; 4. To any lessor of equipment; a, After the equipment leasB expires; or b. If the 'bodily Injury', 'property damage', 'personal and advertislng Injury' or "personal injury" or "advertising injury" (whlcheVBr definitions are used in your policy), arises out of the sole nBgligence of the lessor; S. To Bny person or orgBnization If the "bodily Injury", 'property damage', "personal and advertising injury" or "personBI injury" or "advertising injury" (Whichever definitions Bre used in your policy), arises out of the rendering of or failure to render professional servicBs by or for yau; 6. To Bny: a. Owners or other Interests from whom land has been leasBd; or b. Managers or lessors of premises If: (1) The "occurrence" takes place after you cease to bB a tenant In that premises; or (2) The 'bodily Injury', 'property dBmsge', "personal and advertising Injury" or "personal injury" or "advertising injury" (whichever definitions are used in your policy), arises out of structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased. rd1 5;S~ /U/\ljcL; VCG 21110 98 InclUdes COpyrighted rnlllerial of Insurance Serv\ces OfOce, Inc. e, Atlantic Mutuilllnsurance Company, 1998 ---------~8ftft~~me8@ee Page 1 of 1 . . 10-n7-2cm 10:18 AM ~ ~ ~..... . "P) - , . ~ The Limits 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 Declarafions, unless the policy period Is extended after issUBnce for an additional period of less than 12 months. In that case, the addi- tional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABIUTY CONDITIONS " 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 the extent possible, notice should include: (1) How, when and whBre the "occurrBnce" or offense took place; (2) The names and addresses of any Injured persons and 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: (1) Immediately record the specifics of the claim or "sull" and the date received; and (2) Notify us as soon as practicable. You must see to II that we receive written notice of the claim or "suit" as soon as prBcticable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, nofices, summonses or legal papers received in con- nection with the claim or "sull"; (2) Authorize us to obtain records and other information; (3) CDopBrate with us In the investigation or settlement of the claim or defense against the "suit": and (4) Assist us, upon our request, in the enforcement of eny right against any person or organizafion which may be liable to the insured because of Injury or damage to which this InsurBnce may also apply. d. No InsurBd will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or Incur any expense, olherlhan for first aid, without our consBnl. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To ]oln us BS a party or otherwise bring us Into a "sull" asking for damages from an Insured; or b. To sue us on this Coverege Part unless all of its terms havB been fully complied with. A person or organization may sue us to recover on Bn agreed settlement or on a final judgment against an in- sured obtalnBd aftBr an actuattrial; but we will not bB liable for damages that arB not payable under the terms of this Coverage PBrt or that are in excess of the applicable limn of Insurance. An agreed settlement means a settle- ment and release of liability signed by us, the insured and the claimant or the claimBnfs legal representative. 4. Other Insurance c,lf other valid and collectible Insurance is available to the Insured for a loss we cover under Coverages A or B of . this C ur obligations are limited as follows: a. PrimaI}' Insurance IS nsurance is primary except when b. below epplies. If this Insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will shere with ell that other insurance by the method described In c. below. b. Excess Insurance This InsurBnce is excess over: (1) Any of the other Insurance, whether primary, excess. contingent or on any other basis: (8) That Is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rBnted to you or temporarily occupied by you wilh permission of the owner; CG 00 01 07 18 Copyright, Insurance Servic;u Office, Inc.. 1Qg7 COMMERCIAL GENERAL LIABILITY Page 9 0114 1O~07-20{)3 10:18 AM . . . (c) That Is insurance purchased by you to Cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of eircrBft, "autos" or watercraft to the extent not sublect to Exclusion g. of Section 1- Coverage A - Bodily Injury And Property Damage liability. (2) Any other p1imary Insurance available to you covering liability for damages arising out of the premises or op- erations for which you have been added as an additional insured by allachment of an endDl5ement. When this insurance Is excess, we will have no duty under Coverages A or B to defend the insured against Bny "sutt" n any other insurer has a duty to defend the insured Bgalnstthal "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. WhBn this insurance is eXCeSS over other insurance, we will pay only our share of the amount of the loss, if any, that excBeds the sum of: (1) The total amount that all 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 specifically to apply in excess of the Limits of Insurance shown in the DeclarBtions of this Coverage Part. c. Method Of Sharing If all of thB other insurance permits contribution by equal shares, we will follow this method also. Under this BpproBch each insurer contributes equal amounts until it has paid its applicable Iimtt of Insurance or none of the loss remains, whichever comes first. If any of thB other Insurance does not permtt contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is basBd on the ratio of its applicable limtt of Insurance to the total appl~ cable limtts of insurance of BII insurers. 5. Premium Audit a. We will compute BII premiums for this Coverage Part In accordance with our rules Bnd rates. b. Premium shown in this Coverage Part as advance premium is a depostt premium only. At the close of each audtt period we will compute the earned premium for that period. Audtt premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audtt premiums paid for the policy period is greater than the earned premium, we will retum the excess to the first Named Insured. c. The first NBmBd InsurBd must keep records of the information we neBd for premium computation, and send us copies at such times BS we may rBquesl. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations arB Bccurate and complete; b. Those statements are based upon rBpresentatlons you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of InsurBnce, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance Bpplies: a. As if Bach NamBd Insured werB the 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 PBrt 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 .suif' or transfer those rights to us and help us enforce them. 9. When We Do 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 noticB of thB nonrBnBwal not less than 30 days before the expIration dale. If notice is mailed, proof of mailing will be sufficient proof of notice. ~. ~ " .~4 '> ~ i COMMERCIAL GENERAL LIABIUTY Copyright, Insurance Services Office, Inc., 1997 CG 00 01 01 88 .-uUI&1I5p.l1~ AC.... CERTIFICATE OF INSURANCE PRA26090 No 99513 07/20/04 ..",.u,,,. -1",$ c!Rr.iQ,.u ,s",iauro. ",u;' ..T1'ER cii',_TIOH" Otft., - ' '1a.rney &. aarney LLC-C/\ Li.cOI:0395() CO"""" NO RIGHT. UPON THI! ClERT1FICAT'I! HOL".,... TNI. C~"'IFIC"" ,,,..ney & Rarne-y: Inc-CA LiCOC24310i~~_~~~D, ~ND OR_~" THE COVllWlll AnO~.~ THE 1 P O. Bo>< 8563B i S~n Diego, CA 92186-5638 COMPAMIESAFFOROINGCOVERAGE I I (850) 457-3414 ATLANTIC - ATLANTIC SPECIALTY INS. 'IM"~#: 3616 ~:''''A CO. . ... ~y II CARPENTER MOORE' - LLO'iDS OF' LONDON I~~ lMAO~~ARB SYSTEMS, INC.. lET I AL, SF.E ATTACHED).;4- ;;u;o'I-tJ7iP I A, - 8.001- 0>4.5' . .4- ....00...- (J~ 10BB:! THORNMINT ROAD -*-""'lJ;l.-:J.;!,3 ~="" tl S~ DIEGO CA 92127 .__-..-..A-..----.--. ,. ueG.m\::.~fl'~COY-Q0 b- ~"C NO ('(lV"RAGE ON THIS DOCUMENT NO COVERAGE ON TH! S DocUMENT m:.~ E NO COVERAGE. ON THI S DOCUMENT ~OP HIS IS TO CiflT.,.,. T.....T TNE PQUCIES OF INSURANC! e&:I..OW HAVE BEEN ISSUED 10 TMf;. INSl"IRE[) hAMm A8()lIIf: fOR THE POLICY PI!RlOO ~DCA1EO ~"fH5TNDNG AIoIY FtEQUIJl;EJrr,EMT, TEfl'" 0fII CONOlftOfrl OF A.H'r CONTRACT MOMR OOGU"'~NI WlTtt RESPECT TO wt1ICH THI~ Ct.:tnll-G\TE M4V BE tStuED OR 1tAA" PIl.H1AlN, TW~ tN~ AFA)R:DED BY' ~f PClICWS 'C~ .1!ft!IH' II 6l.8-JiCT TO JIU. THE TERU&; acLUSIQN' AND CO~ Of 6lJC.W POLICIES. LIMITS ~N M!,,!.~ ~N M.DUCED BV PAlO c~. " . ,.-----1 I I .. fYPE"DIlNIURlU<<Z" """.e"HUMM.. 1IGUC""f'.""~ 1IOue'l'I.~nDfI OA'R"~ IMlI~ ..... . ~.w. LlMIU1Y X COMMt~ r.zNf""-'- I.NlUTY A .,. :c;~.,.-.......... X OCCUfll, nwfIHtlf'S"C~I"'IIoIPllOT 711-00.52-52-0000 07/10/04 .,.""""""",...., . *2,000,000 "1l(HJuG1e.QOMPIOP-ACOG.. $. 2 , 0 0 0 , 0 0 07/10/05............""'....- . EXCLUD.ED ElICH ooo-eICli. I. *1, 000 , 00 F~l>>oIrUr45"""_"" 1*1,000,00 . ......_.__. MED.[Xt'FNU'-"..e~III' .....10.00 . AUtOMOM.I ~M.rn COIriIISlN[[) SINQl~ !.NT 1"1,000,00 . />HrAUltl . AlL UWI'CD _''''I'Vi. _ : ICt4lJULtD "-Ulutio .A";i'i.HIl'll/.JA\Il'O$ .. "X-;~""'Il-OS .1JI1lAI6[UAIIIUn' IClQI,V~'" -....-. 711-00- S2-S2-0000 07/10/04 07/10105";;',,~, l'WatI'~"'tJ :' _".,*'IIr'llr ..... , **'* t'flr*....... .-- :S .......*.... l · 2" 000",00 ";.1,000,00 :~1AaIJ-Y ,., A ~.:.-...r"".. one 'tH.Ult UMllllt~OAM ~""Ct'U_&'Vl)Qtl .NO !MPLO'tI-M' LlAlIUlY w:w ClCClMRNrL 711-00-52-52-0000 07/10/04 07/10/05..,;,...... ..--. 0'_ PROFESSIONAL. S LIADILITY ERRORS SF402040X & OMMIS:iONS .1'I~Tlll__llwr.; f:AClIACCIl-.:"HT 10 ............. Ol:l~t.POUCTt."""l .. ............ Dl1P.qe-!II.r.WQIPlOYF:F" s. ...........*** ______u si--:-o 0-0";'00 a-LIMIT; 07/10/04 07/10/05 $50,000 SIR eut~~J'L~ICIM-/~J"'~--.'._"-' .' .,-,..----..-- -----.- .--"--.- i . __.__---.J RE: IN5TALl-A'IION AND MAINTENANCE Of' "C1UM!':S" HARDWARE & SOFTWARE I !all'mCATE .....----- I C~D""-'-' .-..-..-.--..-.--. gHOUL:!) ANY' Of lItE ABOVE DE5CRlBED POllGti5 ft CANC!!I.l..fO Bf-roN- T~ IlCP'RATION OA.Tf 'T"~"'tOt, tHE: ISSUINO CIJMPMfY Wll...l EiNDE"'\I~ TO CI Ti' OF S.A.NTA ~A. ! TS OFF! CER.S, MAlL.....1Q... OAYS~f"E.N NOTICE TO THE CI"RT"lCATI!. HUL.Uli:.I' NAMf.D TO l-H~ EMPI.oYEES. AGENTS 1\ND I.,EFT. OUT ""llU"C TO NA.1. SUCH N07lCE SHAll IhtPOS! 110 OBLIGATION M VOL,UNTEER~ LlA01LlTV OF ANY KaNt! U~l)N THE COf.APANV, ITS AnENT>> OJ.! ~IiPRE8~N't""I\l!S, 20 CIVIC CGNTER PLAZA -.-.--_. .. , . SANT1\. ANA Cl\ 92701 .."'.........:::t~~.R~-- .----, ----..,. ~~~-~11!!1!!!1.._......_..__._............. ._______.,___.__",,_, " _, ,_, ," w.coIllClCO~_1 THE CERTIFICATE HOLDER IS NAMED AS AOomONAL INiiuREDPE'ii THE ATTACHED END'ORSEMENT.--"- -' - '... ;' ()j vat f,K...{V . v' [ 10-tl7-20Q3 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) ~~ d.S- ......", '" 10-Q7-2063 10:18 AM . -. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT This endorsemenl modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The WHO IS AN INSURED section is amended 10 include es an insured any person or orgBnlzation wJlh whom you Bgreed In B written contract, written agreement or permtt to provide insurance such as is afforded under lhis CoverBge Part, bul only with respect 10 your operations, "your work" or facilities owned or used by you. This provision does nol apply: 1. Unless thB wrll1en con1raet, agreemenl or permtt has an effective date and has been issued prior to Ihe "bodily inju'Y", "property damlilge", .personal and Bdvertising injury' or "personal InJu'Y" or "Bdvertlslng Injury" (whlcllever definitions are used in your policy); 2. To any person or organization included as an insured under lhe Additional Insured - Broad Form Vendars provision of lhis endorsement; 3. To any person or organization included as Bn Insured by an endorsement issued by us and made part of this Coverage Part; 4. To any lessor of equipment; t, After the equipment IAue expires: or b, If the 'bodlly Injury', 'property damage', 'pelSOnel and advertising Injury' or "personal inju!}" or "advertising inju'Y" (whlchevBr definitions arB USBd in your policy), erisBs out 01 the SOIB nBg1igence 01 the lessor; 5. To eny person or orgBnlza1fon If 1I1e 'bodily InJu'Y", 'property damage', 'personal and advertising Injury" or 'pelSOnallnjur( or "advertising Injury" (whichever definitions Bre used in your policy), arises oul of the rendering of or failure 10 render professional .ervices by or for yau; 6. To any; a, Ownars or other Inlerests from wllom land has been leased; or b. Managers or lesSors of premises It (1) The .occurrence" taltes place Biter you cease 10 be a lenanlln IhBl premises; or (2) The "bodily Inju'Y", 'property dBmege', .personal and advertising injury' or "personal injury" or "advBrtislng inju'Y" (whichever definitions are used In your policy), arises out of structural alterations, new consfruction or demolition operations performed by or on behBlf of the owner$ or other interesta from whom land has been IBasad. , , _.'0,_" " ~M' s;:s--- /C/~d; - VCC211101B IlndUdll copyrighted mlterlal or ~ 5eNi-cu 01&., Inc. e, AllIInlI< Mutuolll1llUra_ C.~y,,_ ,,-'01' 10-07-2003 10:18 AM . .- The Umits 01 Insurance of this Coverage Part apply separately \0 Bach consecutive annual period and to any re- maining period of less than 12 months, starting with the beginning of the p<l6cy pericxl shown in the Declafalion~. unlese the policy period Is extended after issuance lor an additional perlOcl of less than 12 months. In that case, the addi- lional periOO will be deflmed pBrt of the last preceding period lor purposes of delennining the Umits 01 Insurance. SECTION IV - COMMERCIAL GENERAL UABIUTY cONDmONS 1. Bankruptcy Bankruptcy or Insolvency of the Insured or 01 the insured's estate will not relieve us 01 our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must sea to it that we are notified as soon 85 pnIcticable 01 an 'occurrence' or an offense which may resu~ in a cl81m. To the extent possible, notice should include: (1) How, whBn and where the 'occurrence' or offense took place; (2) ThB names end addresses of Bny Injured persons Bnd witnesses; and (3) The nalUrB and locetion of Bny Injury or damage arising oll! ofthe 'occurrence' or offense. b. If a claim Is made or 'suit' Is br<lught against any It\Sured. you must: (1) Immediately record the specifics of the claim or 'su~' and the deta received; end (2) Notify us as soan as practicablll. You must see to athat 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 legal papers received in con- nection with the claim or "flUif'; (2) Authorize us to obtain records and other Information; (3) Cooperllte with Us in the investigation or settlement of the claim or defense against the "auK": and ~ (4) Assist us. upon our request, in the enlorcement 01 any right Bgainst any person or organization which may be liablB \0 the insured because 01 Injury or damage to which this Insure nee 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, otherthan lor fiJsl aiJ. without our conSBnt. 3. Lallal Action Allalnst Us No palSon Dr organization has a right undarthls CovBrage Part: a. To Join us as a party or otherwise bring us info a 'suit" asking lor damages from an Insured; or b. To sue us on this COYerege Part unlass BIi 01 its tBrffiS havil been fully complied with. A person Dr organization may SUB us to recover an Bn agreed settlement or on a final judgment egainst an in- surlld obtained aftBr an actual trlal; but WB will not be liable for damages thBt are not payable under the terms 01 this CDveraga Part or that are in excess 01 the applicable IIm~ of InsurBnce. An Bgreed setl1ement means e settle- ment and release of liabllily signed by us, the Insured and \ha claimant or the c\almanrslegal "'presentative. 4. Other Insurence "If o\her varKl and COIlBcllblB Insuranoe is available to the Insured for a loss we COVBr under Coverages A or B 01 '.this C ur obligations are IImltsd as 10Hows: Primal)' Insurance IS nsurance Is primary except whBn b. below epplies, If this Insurance is primary, our obligations are not aflBctad unless any of the other Insurance Is also primary. Then, we will share with all that olher Insurance by the method described In c. below. b. Excu$slnsurance This Insurance ill excess over: (t) Any 01 the ather Insurance, whether primary, exce..... contingent or on any other basis: (a) That * Fire, Exlended CQl/erage. Builders Risk. Installation Risk or simUar coverage for "your INOrk.; (bl That I. Fire insurance for premises rented to you or temporarily occupied by you wKh permission of the owner; CG n 01 onl Copyright, Insuranc. Servicu O1&..lnc.. 10;7 COMMERCIAL GENERAL LIABILITY 1O~07-20{)3 10:18 AM . . . Ie) That Is lnsuranC9 purchased by you to cover your liability as a tenanl lor "property damage" to IlrBmlses rented 10 you or temporarily occuplBd by you with permission of the owner; or (d) II the loss arises out 01 the maintenance or use 01 aircraft, "aulas" or watercraft to tha extent nol subjBct to exclusion g. 01 Section 1- Coverage A. Bodily Injury And PropBrIy Damage liability. (2) Any other pdmary Insurance avaDablB to you covering liability for damages arising out of thB llI'emlses or opo Bralions lor which you have been addad BS en additional insured by aIlachment of an endorsement. When this insurance Is BXCBSS, Wit will have no duty under Coverages A or B to dafend the insured against any "sun" U any other Insurer has a duty to defend the insured against that .sun.. If no other insurer defends, we will undertake to do so, but we will be entitled to thlt insured's rights against all those other Insurera. WhBn this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that axcaeds tho sum of. (11 The total amount that all such other Insuranclt would pay for the loss in the absence of this insurance: and (21 Thlt total of all deductible and sell-insured amounts under all that other insurance. We will sh,lre the remaining loss, If any, with Bny other insurance that 1$ not described In thl$ Excess Insur- ance provision Bnd was not bought BpBcifically to apply in eXCBSS of tha Limits of Insurance shown In the Declarations of this Coverage Part. c. Method 01 Sharing If all 01 the other Insuranca permils contributlon by equal shares, we will follow this method alsO. Under this approach each Insurer contributes equal amounts until It has paid Its BpplicBble limit 01 Insurance or none of the loss remains, whichever comBS first. If any of the other Insurance does not permit contribution by equal shBres, we will contribute by limils. Under this mathod, each insurar's shara Is based on 1I1e ratio of Il$ applicable limn of insurance to the total appl~ cablB limits of Insurance of BII insurers. 5. Premium Audit a. We will compute ell premiums lor this Coverage Part In accordance with our rulBs and rates. b. Premium shown in this Coversge Pert as advance premium Is a deposit prernlum only. At the close of each audit period we will compute the earned premium for that period. Audit prBmlums are dUB and payable on notice to the first Named Insured. If the sum of the edvance and audit prBmiums paid for the policy period Is grllaterthan the eamed premium, we will relumthB llXCeIlSlothe&st Named Insured. c. Th" first Namad Insur"d must keep recorda of the Information we naed for premium computation, and sand us copies at such timas as we may request 6. Representations By accepting this policy, you agree: a. The statamenls in the Oeclarations are accurate and complete; b. Those statBmBn13 are based upon represBntatlonll you made to us; and c. We have Issued this poliCY In rBllancB upon your reprBsentations. 7. Separation 01 Insureds Except with raspect to the Umlls of Insurance, end any rights or duties specifically assigned in this Coverage Part to the Iim Named Insured, this insurance applies: a. As If each Named Insured werB thB only Named Insured: Bnd b. SBparately to each Insured against whom claim Is made or "sun" is brought. 8. Transfer 01 Rights or Recovery Allainst Others To Us If the insured has rights to reCQver all or pert of any payment we hava made under thlB Coverage Part, those rights ar" translerred to us. The insured must do nothing Biter loss to Impair them. P3. our request, the insured will bring .suif" or transfer those rtghls to us and hBlp us enforce them. 9. When We Do Nol Renew II we decide not to r"new this Coverage Part, wa will mBII or deliver to the first Named Insured shown in the DeclaraUons Written notice 01 thB nonrenewal not IBSS than 30 days belora the expIration dalB. If notice is mailed, proal 01 mailing will be sufficient proof of nollce. ~~4- ~ ~, ' ,"., COMMERCIAL GENERAL LIA8IUTY Copyright, InsullII1C8 SeMe.. Office, Inc., 1997 CG 00 01 0701 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."