HomeMy WebLinkAboutCROSSROADS SOFTWARE 1-2001
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CUJli( IJf ClJ~I.GiL CONSULTANT AGREEMENT r: ,,.I
[, LJt'" 1)'01
THIS AGREEMENT, made and entered into this ~, tJ day of 1'1~ ,2001 by
and between Crossroads Software, a Sole Proprietor (hereinafter "Consultant"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
N-2001-052
CL..
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
software development.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance ofthis Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $9,950.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on April I ,
2002, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Public Works
Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, ajoint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured( s) and shall include, but not be limited to protection against
claims arising from bodily lIJld personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance ofthis Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of$1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I ofthis Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
ofthis Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
3
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault ofthe Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation oflaw; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5069
and,
4
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Crossroads Software
210 W. Birch St., Suite 207
Brea, California 92821
Attn: Jeff Cullen
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
5
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be govermnent and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision ofthe services
hereunder and required by the laws and regulations ofthe United States, the State of California,
the City of Santa Ana and all other govermnental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis
Agreement.
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16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each ofthe terms of this Agreement, and shan
indemnify City funy, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shan be incorporated as if funy set
forth in the body of this Agreement.Ú
7
($500 - $10,000 agreement)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
if~
PATRICIA E. HEALY
Clerk of the Council
r1fA~!!/:::
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City At! ey
RECOMMENDED FO
ROV AL:
CONSULTANT
n es G. Ross
I xecutive Director of the
Public Works Agency
~uv-
JeffC len
Director of Software Development
562-11-4598
Employer ill # or Individual SS #
8
-.J !crossroads
I ISoftware
210 W. Birth Stnet, Suite 207, Brea, CA 92821 (714) !190-64J3
March 1.2001
Mr. Vinh Nguyen
A550ciale Engineer-Transportation
Public Works Agency
City of Santa Ana
101 W. Fourth Street
Santa Ana, CA 92701
Dear Vinh:
Cl'OIsroads Software is pleased to submit this proposal to provide "on call" computer
progranuning services. Our primary emphasis will be on updating and enhancing your
existing your Collision Database System, Traffic Control Device Inventory and other traffic
engineering applications. including enhancements and upgrades to take maximum advantage
of each programs' data storage and analysis capabilities.
Our fee for these services will be on a work taslc basis and will not to exceed amount of
$9.950. Thank you for the opportunity to submit this proposal to you. If we can answer any
questions or provide additional infonnation. please don't hesitate to call.
5eA'/
1
EXHIBIT A
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
9
I ACORD" . I
CERTIFICA TE OF LIABILITY INSURANCE DATE (MMtDDIYY)
04/05/2001
PRODUCER 714-283-4930 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
NUNES INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
LICENSE #OA74748 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1815 E HElM AVENUE #100
ORANGE, CA 92865 INSURERS AFFORDING COVERAGE
H
INSURED ~~RER A: ZURICH
JEFF CULLEN -
INSURER B"
DBA: CROSSROADS SOFTWARE - d~
INSURER C
210 W BIRCH STREET, SUITE 207 -
INSURER D
BREA, CA 92821 INSURER E"
COVERAGES
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.
INSR I - I POLlCY EFFECTIVE I Pg~~J,EXPIRATION - -
TYPE OF INSURANCE POL.ICY NUMBER liMITS
! GENEf<AL LIABiliTY I EACH OCCURRENCE I $ 1,000,000
A ~MERCIALGENERALlIABllITY PPS 037515567 2/12/01 2/12/02 ~E.D~MAGE (Anyone I_Ire) , 1,000 000
I f-------L--- __' CLAIMS MADE ><J OCCUR MED EXP (Anyone person) S 10,000
~?~AL & ADV INJU~::" i$ EXCLUllliL
--
1---. ~~RALAGGREGATE. $ 2"000 000
GEN'L AGG~EnE LIMIT APr...!-IES PER PRODUCTS - COM PlOP AGG $ 2,000,0Q.iL
POLICY j~& LOC
I ~~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
A ----l ANY AUTO PPS 037515567 2/12/01 2/12/02 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
_>5_, SCHEDULED AUTOS (Per person) S
~.- - ..-
~ HIRED AUTOS BODILY INJURY
0_ NON-OWNED AUTOS , (Per accident) ,
I c-- n
--.- -- PROPERTY DAMAGE ,
(Per accident)
lAGE LIABILITY ~~_~TO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC , -
--'-
AUTO ONLY AGG I
I ' EXCESS LIABIliTY EACH OCCURRENCE $
~ OCCUR LJ CLAIMS MADE AGGREGATE ,
! - $
_ DEDUCTIBLE ~-- , -.-
RETENTION , I
WCS A U-;I I01,t'-
WORKERS COMPENSATION AND -- ~.TORY LIMITS _ ER
EMPLOYERS' LIABILITY EL EACH ACCIDENT I'
I
I EL DISEASE - EA EMPLOYEE! $ -
i EL DISEASE - POLICY LIMIT, $
I OTHER
I I
, DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE ALL OPERATIONS JOBS
I '10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM
I CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED; ENDORSEMENT ATTACHED
CERTIFICA TE HOLDER IX ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL~MAIL 3D. DAYS WRITTEN
CITY OF SANTA ANA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT ~
I 101 W FOURTH STREET APP.ROVEIj>~
SANTA ANA, CA 92701
I J J Au1HORIZED REPRESEN / '\A~ ~
, '1..... ../ri 1/.
ACORD 25.5 (7/97) , m V1g lOt \1 <l>ACCRD CORPORATION 1988
D:puty Cay Attorne'
EXHIBIT B
ADDmONAL INSIJRp.n ENDORSEMENT
FOR COMMERCIAL GENERAL UABILITY POllCY
Insurance Company Zurich
This endorsement modifies such insurance as is afforded by the provisions of Policy
#I PPS 0,7~1 ~~h7 relatinito the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana. California
92701; its officers, employees, agents, volunteers and representatives are named as
additional insureds ("additional insureds") with reprd to liability and defense of suits
arising from the operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is primary
and is not additional to or contributini with any other insurance carried by or for the
benefit ofthe additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or Imit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so Included.
4. With respect to the additional insureds, this insurance shall not be
cancelled, or materially reduced in coveraie or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy"
Issued to
2/12/01
PPS 037515567
Jeff Cullen DBA:
. this endorsement form as a part of
Countersigned by
APPROVED AS TO t"uKM
,
c aeJ VigJiolla
Deputy Cirv ,^ ttqrrwv
?
~ Ji'fSiJRD
,.
""'"
CERTIFICA T~ OF LIABILITY INSUR I\NCE
,0)
o?r
b
DATE (MMIOOfYY)
07/30/2002
THIS CERTIFICATE IS ED AS A MATTER OF INFORMATION
NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER (562)493-3521
Alandale Insurance Agency
11022 Winners Circle
Suite 100
Los Alamitos, CA 90720
INSURED)e Cull en
DBA: Crossroads Software
210 West Birch Street #207
Brea, Ca. 92821
FAX (
684 4167
INSURERS AFFORDING COVERAGE
~/
INSURER A:
INSURER B:
INSURER c:
INSURER 0:
INSURER E:
Everest National Insurance Co.
COVERAGES
THE POLICIES OF INSURANCE LISTED SElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONOITION 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 1$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITlONS OF SUCH
POUOES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ~.k~~J~~~lE ~~!fJf~J:brtt~
LTR POLICY NUMBER LIMITS
~NERAL LIABILITY EACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) S
l CLAIMS MADE 0 OCCUR MEO EXP (Anyone person) S
- Pf:RSONAL & AOV INJURY S
~ GENERAL AGGREGATE S
ri'- AGG~nE LIMIT APrlS PER. PRODUCTS - COMP/OP AGG S
POlICY ~~T LOC
~OMOBILE LIABILITY COMBINED SINGLE LIMIT S
ANY AUTO (Ea accidenl)
'-
e- ALL OWNED AUTOS BODILY INJURY
S
SCHEDULED AUTOS {Per person)
'-
'- HIRED AUTOS BODILY INJURY
S
NON.OWNED AUTOS (Per accidenl)
'-
e- PROPERTY DAMAGE S
(Per accident)
=lRAGE UABlUTY AUTO ONLY. EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGO S
~~ss LIABILITY EACH OCCURRENCE S
OCCUR 0 ClAIMS MADE AGGREGATE S
S
~ ~DUCTIBLE S
RETENTION $ $
WORKEA5COMPENSATION AND 0000154858 06/06/2002 06/06/2003 I TORY LIMITS I IUJ~-
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ 1,000,000
A 1,000,000
E_L. DISEASE. EA EMPLOYE $
E.L. DISEASE. POLICY LIMIT $ 1,000,000
OTHER
DESCRIPTION OFOPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDEO BY ENOORSEMENTISPEClAL PROVISIONS n..1- '1::,1-. /\.', IV
fif:;l~~-r
'10 days notice of cancellation for non payment of premium Deputy eil)' Atwrncy
CERTIFICATE HOLDER 1 I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Santa Ana Publ ic Works Agency EXPIRATION DA!!..THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATT: Vinh Nguyen *30 DAYS WRITTEN NOTice TO THE CERTIACATE HOLDER NAMEO TO THE LEFT,
20 Civic Center Plaza #M-93 aUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGA TlON OR LIABILITY
P.O. Box 1988 OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ~u-~
Dina Corsi/DINA
ACORD 25-S (7/97)
FAX: (714)647-5616
@ACORD CORPORATION 1988
G~r7.
._~
'-'
"'-'
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does nol 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 nol 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 representalive or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or aller Ihe coverage afforded by the policies listed thereon.
~
ACORD 25-5 (7/97)
F.3J : 7149988:,:,:4
Rpr 23 '1)1
15: 12
P.02 1/-/0. {...o{"......
.....
.-
-~,.
CERTIFICATE OF LIABILITY INSURANCE
i PRooueu
i NUNES INSURANCE SERVICES
I LICENSE *0438944
I 1815 E HElM AVENUE. SUITE 100
ORANGE. CA 82865
714-998-3331
O.l'E(fIlllW~I;lfVY}
04/2312001
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ON\.Y AND CONFEPlS NO PliGHTS UPON THE CERTIFICATE
HO\.DER. THIS CERTIFICA TE DOES NOT AMEND. EXTEND OR
A\. TER THE COVERAGE AffORDED Y THE POLICIES BelOW.
INSURERS AFFORDING COVERAGE
r--- ---
: l~.UIIIED
JEFF CULLEN
oeA: CROSSROADS SOFTWARE
210 W BIRC~ STREET. SUITE 207
eREA. CA 92821
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COVERAGES
Tt-l! POL./CIES or INSURANCE L1STe'O ae:L.OW HAve BEtN ISSUED TO THE INSUREO "'AM~O AaovE FO~ THE POlley PEIltIOO INDlC.... TEO NOTWITHSTANDING
1 ANY FtIi:QUIREMENT. TIRM OR CON01TIQN OF ANV CONTRACT 0'" OTHER DOCUMeNT Will-! RESP~CT TO V'YMICH THIS CiRTIFICATl!!' MAY' BE fGSUEO OR
MAY Ite'IItTAIN. TI-lE INSURANce AFFOlltOEO IY THE POLICIES DESCRIBED He:~EIN IS !U8J~eT TQAll THE TEIWS, EXClUSIONS ANO CONOIT!ON~ Of" SUCH
I' "OL.Il;!es. AGGRECATe LIMITS SHOWN MA.Y HAilE BEEN REOUCEO BY PAID CLAIM'S,
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DUCRIPTIOH OFO"ERATIONSJLOCATION'JIV(~IC:LE'/rXeLU!ION3 "OOEO liY lNOQR.iMENT.....lil;lAl,. 1I"0....,IOH5
RE. A\.L OERATIONS/JOBS
I 10 DAY NOTICE OF CANCELLATION FOR NON.PAYMENT OF PREMIUM
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED PER ATTACHE:D ENDORSEMENT
CERTIFICATE HO\.OER
, X : .-OOlrIOH"" IUuREO. INSURER L.ETTEfll
CANCEL\.ATION
IHOOLtI ....",V O'YHE ....BOVE DESCRIBED POL'CIES 8E CANCELLED aEJOOillle: 1'He: iJt.~""TjON
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.tI;JTICf TO fHE:CfPlTll'IC..TE ~OlDIO~ IllAMiD TO THE U"1"~
CITY OF SANTA ANA
101 W FOURTH STREET
SANTA ANA, CA 92701
AUTHOlIltEO REPIltEIEIlITATIVE
PORA TION 1111
ACORD 26.S {7 "Tl
Mic ael Vlgliotta
Deputy Cily Attorney
Fa\: 7149~~S8:,:34
Rpr 23 '01 1:.: 14
P.OS
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EXHIBIT B
ADDmONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL UABIllTY POlley
In.urance Compan)'
CNA
This endonement modifies such insurance as is afforded by me proviSION of Policy
,. 483342 6 ~Iatinlto the followina:
1. The City of Santi Ana, 20 Civic Center Plaza, Santa Ana. Ca.lIfornia
92701; Itt omeen, employa:s. aptl. vol un teen and reprelentatives are named as
additional inlumls ("additional insumll") with reprd to liability and defense of luilA
ari tins from the operatioftl and UNS perfonned by or on behalf of th, named inlured.
2. With reljl<<tto claiml Inllnll OUI of che operations and I.lICI performed by
or on behalf of Ihe named insurul, such Inaurance as Is afforded by chis polley II primary
and i. not additional to or conlributinl with an)' olher Insurance carried by or for the
benefit of che addilional insureds.
3. Thil insurance applies separately to each Insured agalnll whom claim it
II\Od8 or auit is brought "'oept witll NSi*'tto ch, 1I0mpany', limit. of liability. Th,
inclusion of any ~rson or orilJJli~llion as an in.urad .haIl not affect any right which such
penon or orlaniz;alion ....ould have as a claimant it not eo Included.
4. With ",spectto the additional inlumls. thh ill'uram;e .han not be
cancelled. or materially mluced in coverqe or limits ellccpl after thiny (30) days written
notice has been given to che City of Santa Ana. 20 Civic Center Plua. Sants Ana.
California 92701.
(Completion of the following. includin, countenipalllre. il rc4ulred III make chis
endonement effective.)
Effective
Policy"
Issued 10
4/16/01
4833426
Jeff Cullen DBA:
. tbi $ endorsement fonn IS a part of
Crossroads Softwar@
Named Inlured
Counreniped by
APPROVED AS TO FORM
Jl:" ~ ._
Mlchael Vigliotta
Deputy City AttoTne"
F.3x:71499SS5S4
Apr 23 '01 15:11
P.OI
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Nunes Insurance Services
1815 E. Heim Avenue, Suite 100
Orange, CA 92865
License .0438944
(714) 998-3331 Phone (714) 998-8584 Fax
April 23, 2001
To; Mr. Vinh Nguyen
City of Santa Ana
Fax Number; (714) 647-5616
RE; Jeff Cullen
DBA; Crossroads Software
Message;
Please see attached revised certilicate for Crossroads software. This
policy has been re-written to C.N.A. adding Personal and Advertising
Injury coverage. Please disregard any cancellations you may receive from
Zurich as this policy is a replacement.
If you should have any questions, please feel free to call this office.
Thank you.
Sincerely,
Nu,ea ID.ur(~nce Servicea
vi1[ifft ~{V~Llt
Tom Nunes
Agent/Owner