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HomeMy WebLinkAboutIMAGEWARE 4A -2000 INSUR~CE NOT REQUII'~'l/WAIVfO t{l~ _, . 4 - ~ 0 ,/0 - ;JrJ'14 ORK MAY PROl\,...; I I CLERK OF COUNCI AMENDMENT TO AGREEMEN'1"wI DATE: 6--/o-UL L THIS AMENDMENT, made and entered into this 6"day of April, 2001, by and between Image Software Incorporated ("Consultant") and the City of Santa Ana, a charter city and municipal corporation duly organized _ and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECIIALS A. The Parties entered into that certain agreement entitled "Consultant Agreement" dated December 18,2000, hereinafter referred to as "said Agreement", for the provision of system modifications to upgrade and improve the computerized image data base system, Crime Web and related services; B. The Parties hereto now desire to amend the Scope of Services of said Agreement in order to purchase, and install additional hardware under the Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 1, the "Scope of Services" term of said Agreement is hereby amended to include installation, configuration and purchase of hardware for the existing system as set forth in Exhibit C to this agreement. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST:.. 1. ~(~o~ atricia E. Healy Clerk of the Council APPROVED AS TO FORM: APPROVED AS TO CONTENT: Joseph W. Fletcher City Attorney.. Al. \~~ Mic ael Vigli ta Deputy City Attorney ~,t~~ fr/J { I City Manager RECOMMENDED FOR APPROVAL: GlJ\,~ Paul M. Walters Chief of Police L-:Z-~L CONSULTANT Tax ID#/SS#: '33 - 02.2 '--H ~ T- "' , ~ . \. j .. \,., '..J EXHIBIT C Scope Of Service ImageWare will be responsible for the installation and configuration an 18.2 Gigabyte hard drive into the IBM 3000 Series Server that currently houses the Santa Ana Police Departments computerized image database system. Descriptions 1) 18.2 Gigabyte hard drive 2) Installation & Configuration 3) Maintenance & Support (Year 1) 453.71 2715.00 78.43 .. . ~.. Barney & Barney, LLC-CA Barney & Barney, Inc-CA P.O. Box 85638 San Diego, CA 92186-5638 (858) 457-3414 Mst#: 3646 CERTIFICATE OF INSURANCE ISSUE DATE (MMIOOIYV) PRA26090 No 99513[;02/26/03 . THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND L1.cOC03950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE LicOC24310 ~m:NOT AM~D. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE INSURED IMAGEWARE SYSTEMS I INC. I AL, SEE ATTACHED) 10883 THORNMINT ROAD SAN DIEGO CA 92127 : GENERAL LIABILITY .......-- ~..X_~<?~~MERClAl GENE~: ~\ABILlTY A:...___J..__ : CLAIMS MAOEi..X.J OCCUR. r------i OWNER'S & CONTRACTOR'S PROT. ~.._.-j_. ...------ : AUTOMoelLE L1ABU.1TY ; , .f ANYAUTO :" --"j ALL O'vYNEO AUTOS f-.----: : i SCHEDULED AUTOS !----'I A!-X~ HIRED AUTOS ~.>.U NON-QWNED AUTOS : ! GARAGE LIABILITY 1....m.'l i EXCESS UABIUTY ,'-"-"-\ ALJLl UMBRELLA FORM ! OTHER THAN UMBRELlA FORM si , ! WORKER'S COMPENSAnON ANO EMPLOYERS' LIABILITY ! OTHER PROFESSIONAL C! LIABILITY-ERRORS I & OMMISIONS 761-00-67-79 761-00-67-79 761-00-67-79 1689229-02 02S0L0211 DesCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I SPECIAL fTEMS ! f~~~~NY A COMPANIES AFFORDING COVERAGE ATLANTIC-ATLANTIC MUTUAL INSURANCE CO. STATE COMPENSATION INSURANCE.FUND (ET ~~NY B CARPENTER MOORE - LLOYDS OF LONDON fme7'Y c NO COVERAGE ON THIS DOCUMENT ! COMPANY D : LETTER NO COVERAGE ON THIS DOCUMENT COMPANY E jLCTTER ; 07/10/.02; \ COMBINED SfNGlE I.UMIT ; BODILY INJURY i (Per .person' .07 /10/0311 ~~L~':~;'" IPeraccident) ! j PROPERTY DAMAGE COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCC. BELOW HAVE 8EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDJTION OF AIoJY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERfAIN. 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. P,---".P.... .__.._u _.....~ ..--- -'-~-~---_. r-'--'_h"_~__'_____~'~n__.._..._.... . -'_'_' r"- -....-_....___.,.__ '-'r--""''''-~'-'--''-_'_' T'~"'-"'-""'-""'-'---'--- CO: TYPE OF INSURANCE i POLICY NUMBE"l ! POUCY EFFECTfVE i POLICY EXPIRATION: i ! DATE jMMIODM'",l; DATE jMMlDDIYY) 1 lDENERALAGGREQAT(; j $..*2., .0 00 ,00.0 ! PRODUCTS-COMPIOl' ADO. +$.*2,..0 00., .0.0.0 .07/10/021 07/1 .0/ 03!PE.RSON;:;'$ADv.INJ~":;-' +~EXCLUDED m i EACH OCCURRENCE i $ *1 ,0.0 0, 0.0.0 jF;~~.~'~:~.~'~~..r;reL_. j.~.~ 1/0.Q.0.,.0.0.0 ; MED. EXPENSE (Anyone person)' S * * * * ; 07/10/02! i EACH OCCURRENCE 07 /10/03!"",~~__ ; 1 07/14/.o2i i .. STATUTORY UMITS 07/14/03!EACHAC'''D5.NT , 1 DISEASE _ POlICY UMrT ,_ n.._.~___.. __ __....~u.. , i 07/10/02! ! DISEASE - EACH EMPLOVEE UMITS , 1$*1,000.00.0 .r,~.'*,,~ ,*,.'~:__ir.~:*__~.O 1$*********0 r....m....... .....w..__.. . I is********* 1$*2,000,000 H--_f!*2,.oQ.o,000 :$*1,000,000 1$*l,QQO,O.OO ;s* I $1,000,000 LIMIT 07/10/03: APE RE: INSTALLATION AND MAINTENANCE OF "CRIMES" HARDWARE CERTIFICATE HOLDER CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 ACOAD25-8 CANCEUATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLXX!ltll2JQllfli!!l{Jrn: MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1!IK2€l!!~ocmox~~~lUQJ{~J11K ~D{~~lQR1X~~J'MX1JJllli~~ - ~ITCH CACORD CORPORATION 191(1 THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT. . ..' .... ....,; Imageware Systems, Inc. Named Insured Imageware Systems, Inc. Imageware Software, Inc. (Inactive) Imaging Technology Corporation Xlmage Imageware Systems ID Group, Inc. Castleworks, LLC E-Focus West, LLC Imageware Digital Photography Systems, LLC IW Systems Canada Company G&A Imaging, Inc. (shell company only) Digital Imaging International GMBA (Germany) Digital Imaging Asia Pacific PTE Ltd. (Singapore) : '-' ...,; THIS ENDORS~.v'IENT 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 as an insured any person or organization with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage 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 written contract, agreement or permit has an effective date and has been issued prior to the "bodily injury", "property damage', "personal and advertising injury" or "personal injury" or "advertising 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 end made -part of this Coverage Part; 4. To any lessor of equipment; a. Alter the equipment lease expires; or b. If 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 the sole negligence of the lessor; 5. To any 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 policy), arises out of the rendering of or failure to render professional services by or for you; 6. To any: 8. Owners or other interests from whom land has been leased; or b. Managers or lessors of premises If: (1) The 'occurrence" takas place alter you cease to be a tanant 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), arisas 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. AP TINE l.EE SHAW Deputy City Attorney VCG 21110 98 Includes copyrighted material 01 Insurance Services Office, Inc. @, Atlantic Mutual Insurance Company, 1998 PRODUCER Page 1 of 1 . . . . -- . "'wI 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 Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the add~ 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 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 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 lnjurl 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 legal papers received in con- nection with the claim or "suit"; (2) Authorize us to obtain records and othar information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our raquest, 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, w1untarily make a payment, assume any obligation, or incur any expense, other than for first aid, witihout 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 i1Ni1;IcIiE SHAW b. To sue us on this Coverage Part unless all of its terms have been fully complied ~~ty City Attornay A person or organizetion mey sue us to recover on an agreed settiement or on a final judgment against an In- sured obtained after an actual trial; b~ we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settle- ment and release of iabllly signed by us, the Insured and the claimant or the claimanfs legal representative. 4. Other Insurance 11 other valid and collectible insurance Is available to the Insured for a loss we cover under Coverages A or B of thi ur obligations are limited as follows: a. Primary Insurance except when b. below applies. If this insurance is primary, our obligations are not aHected unless any of the other Insurance Is also primary. Then, we will share with 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; CGOO 01 07 98 Copyright, Insurance Services OffICe, Inc., 1997 COMMERCIAL GENERAL LIABILITY Page 9 of 14 ~ - (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 aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1- Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary insurance avaUable 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 attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". 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 insurance Is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds 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 all deductible and self-insured amounts under all that other insurence. 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 Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution 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 insurance to the total appli- cable limits of insurance of all insurers. S. Premium Audit a, We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance pramlum Is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the eamed premium, we win return tha excess to the first Named Insured. c. The first Named Insured must keep racords 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: a. The statements In the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy In reliance upon your representations. 7. Separation Of Insureds Excepi with respect to tl;6 lJmits of insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insured; end b. Separately to each insured against whom claim is made or "suif' 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 transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" 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 notice of the nonrenewal not less than 30 days before the expiration date. lf notice is mailed, proof of mailing will be sufficient proof of notice. . . COMMERCIAL GENERAL LIAalLlTY Page 10 of 14 Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 18 .