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HomeMy WebLinkAboutREDLANDS SOFTWARE INC. 9 - 2008{ ~ANCE ON FILE ;MAY PROCEED INSURANCE EXPIRES A-2008-254 CLERK OF COUNCIL CONSULTANT AGREEMENT ~ATF; ~~/L-d~ o : P~ A (2~ (,t~uls~ K; ~~;y THIS AGREEMENT, made and entered into this 2"d day of September, 2008 by and between Redlands Software Inc., a California Corporation (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"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Geographic Information System programming and technical services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this 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. Consultant shall work at the direction of GIS Administrator and/or Administrative and Enterprise Services Manager of City of Santa Ana Public .Works Agency. 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 sum to be expended under this Agreement shall not exceed $11,800.00 in any month. The total sum to be expended pursuant to this Agreement shall not exceed $141,600.00 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 expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. 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 anemployer-employee relationship, a joint 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 insureds) and shall include, but not be limited to protection against claims arising from bodily and 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 of this 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 of the 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. 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 1 of this 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 of this 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 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 of the 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 of law; 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) 647-5654 and 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: Redlands Software Inc. 2656 Redlands Drive Costa Mesa, CA 92627 Attn: Richard McFarland A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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 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 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 of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental 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 of this Agreement. 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 of the terms of this Agreement, and shall indemnify City fully, 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 shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: .. __ -~ ~; ~" '~'/ ~_~ PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney (~ ~~ Lain eedy Assistant City Attor REDLANDS SOFTWARE, INC. ~ ~/ / •( CHA MCFARLAND President Tax ID # EXHIBIT A SCOPE OF SERVICES SAGIS Viewer Development The SAGIS Viewer web application is a vital element of the City's Geographic Information System which currently serves map and property information to all city employees with access to a computer and network connection. The SAGIS Viewer is now operating using GeoMedia WebMap version 5.2. The next version of the software, version 6.1 will enhance its support of .NET web services, Scalable Vector Graphics, AJAX Web environment, and Silverlight rich Internet interfaces, which provides improved map presentation and simpler user interfaces. Redlands Software will provide programming and website application development services to continue the transition of the existing SAGIS Viewer code base to utilize these new capabilities, as well as any new features deemed necessary in future versions of the software, in order to expand the functionality of the viewer. This includes the development of tools or custom applications that will allow the City to easily modify the content of the SAGIS Viewer and all accompanying documentation. Oracle Mi rag tion Redlands Software will provide support for migrating our existing GIS data and any new Orange County landbase deliveries to the Oracle Object Model to ensure compatibility with current and future releases of the Intergraph GeoMedia software suite. This includes developing tools to import new data as delivered by Digital Map Products, any database schema, user or views related development and full documentation of all tools, scripts, procedures and schemas. This includes developing tools to import new data as delivered by Digital Map Products, any database schema, user or views related development and full documentation of all tools, scripts, procedures and schemas. GIS Strategic Plan Implementation The Public Works Agency has a Geographic Information System Strategic Plan. Redlands Software will provide application development services and general technical assistance to implement the recommendations specified in the updated Strategic Plan. Geographic Information System Support In addition to the specific projects mentioned previously, Redlands Software will provide general technical assistance and programming support for all aspects of the Public Works Agency GIS. This includes supporting the existing agency GIS applications that were originally created by Redlands Software and creating new applications as required. FEE SCHEDULE CONSULTANT HOURLY RATE GIS Consultant $100.00 Principal GIS Analyst $100.00 GIS Analyst $45.00 GIS Technician $25.00 Direct Charges NA Indirect Charges or Overhead NA Materials or Supplies NA Other NA 9 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: 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 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 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative io CIIenIiF: SOL ,gCORD.,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DD(YYYY) 06.14107 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PAOOUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE John Burnham !rv 1210 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2415 Campus Drive, Suite 200 ALT Irvine, CA 92612-8530 ~ , Z ~v ~ - ~ aLJ INSURERS AFFORDING COVERAGE NAIC # 949 833-2462 INSURER A: COIOny InSLIranCe COm any 39993 IHSUaeD Redlands Software, Inc. wsuRERe; Travelers Insurance Company 8?7y6 2656 Redlands Dr. INSURER C: A_2008_254 Costa Mesa, CA 42827 INSURER D: INSURER E: __ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER]OD INDICATED. NOTWITHSTANDI 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 CONDkT10NS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LlMrrs POLICY E VE POLICY EXPIRATION L R NSR TYPE DF INSURANCE POLICY NUMBER M AT MM IYY 05112107 05/12108 EACH OCCURRENCE S1 t)~~ Q0~ A GENERAL LIABILITY E0400197 DAMAGE TO RENTED s50 OOD X COMMERCIAL GENERAL UA8IUTY MED EXP f/1ny one person) S CLAIMS MADE a OCCUR PERSONAL E ADV INJURY S1 DO() 000 X BIIPD Ded:S OOD GENERAL AGGREGATE 51 Q00 QOd GEN'L AGGREGATE LIMIT APPLIES PER: AUTOM081LE LIABILITY X ANY AVTO ALL OWNED AUTOS SCHEDULED AUTOS X HIREDAUTOs X NON-OWNED AUTOS GARAGE LlA81LITY ANY AUTO EXCESSIUMBAELLA LIA61LnY OCCUR ~ CLAIMS MARE DEOUGT18LE RETENTON S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETQWPARTNERlEXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, descrbe under SPECAAA. PROVISIONS below pTHER . COMPfOP AGG 04!28!07 ~ 04!28108 COMBIHED SINGLE LIMIT ~ 51,00O,OOU (Ea accident} BODILY INJURY S {Per parson} BODILY INJURY S (Psr accident) PROPERTY DAMAGE S (Per accident) AUTO ONLY-EA ACCIO ENT S OTHER THAN EA ACC S AUTO ONLY: AGG f S 4 ~+~ -- - , DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLESf EXCLUSIONS ADDED BY BiOORSEMENT J SPECIAL PROVISIONS The City of Santa Ana,its officers,employess,agents,volunteers and representatives ars named Addiitonal Insureds with regard to Libaility and defense of suits arising from the operations and uses performed by orlon behalf of the named insured. 30 day notice of cancellation except for 10 days for non-payment of premium. City of Santa Ana, its officers, employees, agents,valunteers, 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2001ID8) ~ of 2 #390893 SHOULD ANY OF THE ABOYE pESCRFBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION pATE TH2REOF, THE ISSUING INSURER WILL~~L't087CODaAIL ...~D- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEb TO THE LEFT, 1LW~rAIt4~RR>Gk94J$ftR~$ahG AUTHORI2E0 REPRESENTATIVE ~~ KJEAT a ACORD CORPORATION 1988 IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A siafernent on this certificate does not confer rights to the certlflcate 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 slde of this form does not conslltute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it afflrmativety or negatively amend, extend or alter the coverage afforded by the polices fisted thereon. ACORD z5-s (2001108) 2 of 2 #39()893 EXHIBIT B gpplTI ONAI INSl IR I__I~ENDO_R5 EMENT FOR COMMERCIAL GENERAL LABILITY POLICY Insurance Company Colony Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy {} Eoa0ol97 relating to the following: I, The City of Santa Ana, 20 Civ[c Center Plaza, Santa Ana, California 92701; 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 end 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 liabi liry, 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 shalt not bt 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 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 05/ 12/07 ,this endorsement farm as a part of Policy # ~~,.0:~ Issued to Redlands Software Znp - Named In red Countersigned Authorized Re}y.q entative Herb Ciarley V// .> 2/~/ PHIS ENDORSEMENT CHANGE5?H8 POLICY. PLEASE REVD R CAItEFUL.IY. ADDI7lOP1AL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED QERSON OR ORGANIZATION 7hla sndoraement rnodlpea insurona proNded under Ue folWwinp; COIAM£ACIAL GENERAL LIABILITY COVERAGE PART 8CHEDULE Nrn,s of Pareee ero+pantardan W Utlsrrsl inwMt+ THE CITY OF 6AAITA ANA 2D CNIC CENTER PLAZA 6ANTA ANA, CA 82)01 A SEC710N 11-WHO Ii ANfNSUREQUamlndd end lha folbwlnp added: The person err orpariaaUOn (caflsd 'addlUonst inwnd') ahor+n In the Schedub Is also an IMUred but only: a. wish respeq to krdirecT IFab;Yty Caused fry or nanhlnp tram your onpolrp operations performed for taal'Wdhional irtsured(sr; and b. when you rod the parson or orpanrrNbn mown In tM 8dreduta baW agreed In wdtinp in • controq or aproemant Ihst such person or egrntatlan bs add W ss en'addltional insured' on your poky. A persen'a err orpanfsalbn'a stales os en'eddtlbnaf Insured' undo this endonsrt»nt ands when IMir cortbact err sprNment with you srda. 6. SECTION I - COVERAGES, COVERAGE A BOQi.Y WJLKIY ANb PROPERTY OAMAOE L1ASiJTY. 2. EaGuslora b amended and the falbwlrg added: This inwranca Dots not apply lu Additloral Iraured4ontreatuN Lhblllty 'godly Mjury' Or 'property damage" for which lfr 'adtlldonal lnaured(s)' are atlpatad ro pay darrrapes by reason al the aasumptlon o} IiabiRty In a contract or apreemsM. Flnlslrsd OperNFOra or Work 'paddy krjury" or'proparry damps`: (T) oaturrlnp offer 'your work`, inclttdtlrg msMrials, parA or egyipmefll tumisMd in conrtacUon with wch work, on the project (otMr torn esrviea. mainlananw err repoks) b ba psrlbrrnad by or on behaH of Ihe'additlonal insurod(s)' st11a aAa of U+e wvsrod llpere40na Ites bean cornpfated; or (2) ocwrring after that panion M your work' aul of which We YtJttry or damper erisae tuts been pW ro its intended user by any person or orpeniiallon. Nspltprnee d AddlUansl Irqursd Godly tnjurf' of •propart/ dernsgs' d4ecdy erisinp out of or reauhinp from Qts negrrpance of tM 'addilianal insurad(e~'. ALL OTHER TE RM5 AND CONDRIONS OF THE POLICY REMAIN UNCNANGEO. Ut56-0702 Pape 1 of 1 `_. ... : r.S~t`.L.:li .. ~ ~ - POLICYHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142--0807 COMPItN5AT10N ~~~~~7_/3 D IN5UptANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2008 GROUP' POLICY NUMBER: 1489434-2008 CERTIFICATE ID: 8 CERTIFICATE EXPIRES: 10-01-2007 10-01-4008/10-01-2007 CITY OF SANTA ANA SO PUBLIC IiORKS ApENCY 20 CIVIC CENTER PLAZA M21 SANTA ANA CA si4702 This is to certity that we have issuod a vatld Workers' Compensation insurance policy in a form approved by the California insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the empioyer. We will aisa give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does net amend, extend or al#er the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of tnsurance may be issued or to which it may pertain, the insurance affarded by the policy described herein is subject to all the terms, exclusions, and conditions. of such policY~ ~/ (~3 ~' /E^-'r_ ORIZED REPRESENTATt PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDZNQ DEFENSE CASTS: St,000,000 PER OCCURRENCE. ATTACHEDETO SAND FORMS ALPAttTEOF TH STPOLICYE~~ NICE EFFECTIVE 10-01-1898 I5 EMPLOYER REDLAtDS SOFTtiIARE, INC. 5~' 4868 REDLANDS DR COSTA ME5A CA 9484? [KI.P.CN] PRINTED OT-Oa-4007 aiEY.2-05i J ~~ T CERTHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0$07 COMPaNSAT10N INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01- 2007 GROUP: POLICY NUMBER: 1499434-2007 CERTIFICATE ID: 7 CERTIFICATE EXPIRES: 10-01-2008 10-01-2007/10-01-2008 CITY OF SANTA ANA if1iQLI,C-il0i1M~+AMf~1C1~ 40 CIVIC CENTER-V4Z NZ1 SANTA ANA CA lT101-4058 SG f~ - o2UU~ - l3 O This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the California trtsurance Cortvnissioner to the employer named below for the policy period indicated. This policy is not subject to canceNation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy, ~~/(~) ''' /tom-~-~-- ORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 51,000,000 PER OCCURRENCE. ENDORSEMENT X4085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2007 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ~.--f ~_ ~'\ ~ ~ ~ ~ C.7 ~ ~ ..y 3 ~Z t-' ~~ -` ~ • EMPLOYER REDLAlOS SOFT1iARE, INC. SG 2858 REDLANOS DR COSTA MESA CA 92527 (SS5,CN] tREV.z-os! PRINTED 09-13-2007 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION IN S U R A N C E U N ~ CERTIFICATE OF WORKERS' COMPENSATION INSURANCE TSSUE DATE: 10-01-2007 GROUP: POLICY NUMBER: 1499434-2007 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: 10-01-2008 10-01-2007/10-01-2008 CIT11 OF SANTA ANA SG COMtI#IITY DEVELOPMENT AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA 12701 Tn~s ~s to certify that ws have issued a valid Workers' Compensation insurance policy ~n a form approved by the Ca~~torn~a insursnc• Comm~ss~oner to the employer named below for the policy period indicated. Tn~s ool~cv is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. Yee w~II also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. Tnis certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy I~sted herein. Notwithstanding any requirement, term or condition of any contract or other document w~tn respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENTATI ( PRESIDENT A EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 51,000,000 PER OCCURRENCE. ENDORSEMENT N2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-199.8 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ['_ ,.a t"Tt"< ~ Q h ,~. ~.1 ,-,, , ~ 1 7:., ,~ ---~1~~#. C7 ~ ~ t r ~ a,3 EMPLOYER REDLANDS SOFTWARE, INC. 5G 2656 REDLANDS DR COSTA MESA CA 92627 SG M0408 PRINTED 09-17-2007 (REV.2-05) c - ern. ~.~. ~ee+s F AC~RI~,. c~~~r~r~~r~ ~~ Ll~ ~LiT1~ ~N~ RANCE . ; : ~~ LIr1E0t~Banc i»surancs,S~CS, Inc. TFi~B Cff~TIFICA7fc"~$1$$UE~! ILS A WA"[:CF7i`OFlI~dRApA'f[Ot~t OM:YJWD fbtlt~tg 1113 R1GH7'S Ui'ON.'[?~ ~~RTE 24l.~ mug O-1-~e, Sulte tai! , HQIDEit. ZNf8.CfRT1F1CATE DOES 1lOTAME#lEl; 6XfE1~ OR liyine CA $612 8530 . ~T~ YHf oDVER,u~AFFORDED BY THE.1!oLic1~5 BEt:OW: . . SI4>i; ~ ,4 - ,,2~ 0 0 `7- /3 D ~sc~1:s DnrG covew~ -+,uC Ftedtand $oltwsr. inf , . . z65t; Rvdiansfs qr .,~,~;~ rrar.lsrs insiQm c«n~. bf CT 25682 . costa ~s~: CA s2sz'r • .ai,~en M4~tQ! E fl1VCAAf:C@~. t tMPORT~ENT if the r~er6"(ic~1e hoidrr ir• an A~E}t1'`tONA{. INSI~E~; tips: ~o~iCy(its} ~t b~ ei_ ~C st8ienlent on this ceRific~tu dace r+ot comer rt9htt In tAe orrttticaie Adder In feu °f *ati~)• If SUBRUC,iATt(71~ IS iN1ki~D. sd .tn the terms and oondRions'flf tAe poBcyi: pq~iga, ~„y requu~a ~n es#dors@mer:2: A ~~meitt on Nda g .;ls~s »at oorder•~;tightY~ t~ tt~ bolder. In tieu of such .erdoraarneriite~: DISC.LAt1AEJ2 the CertMcaoa of Insurance on the ntxwga stde of ~S ttxm d0e9:rwt car~tRUte a .contract taetweeR tho hFauing:,lnstu~or(s~. auttp~}. re{xs~tant~ks or producer, and the-cert>flcate lafder~ nbr dose it• a~lima>avWlr or r-egBthrely emend.,. ~tana w ells ih~a asvKape nf+ax3ea by tlrs voA~s ~tasiee t~reor~. 7Hts art~s~rr~tcks.TH~ poc:t~Y: ai:Eti tr C~eRt:'Ftiur. A~DlT1.~NA1. INv~UREt7 - ._ . fJWNE;~$,.1fSSE~3. ~ C~htTft~~TE~~S -- SCi3E~?Ul~t3 A~R5C~1~ CC~R~ 4RGANl~AT'~pN 'r~..+~v.~~i:A+odrt~ ~vr,~a, aro+~a~a n,~:. CQAIldERCil~l. {iEt~W!1L CiAQt~JTY:CgV~q~ P1~R]' 8<~It?D(lt:~ N+iM.~otrige~peQ~~ 2.C.CIf/1a G~1 A. 0[:CTIOlF.l1-11YltG tB ~1N lkBtlNE9 h- arr~faA~d ai4.41~ k~awYp +~d;. T~ s~+op ~or ia~a 'a~eto~~o,i W+awn kt ifs in~utW'} ,. S~hMdufr ~ •+140 iul,inw~d, .bn~ oar. A.: wMA ep~lpyt Id k~Y'ei irll~tji: e~uMd by er e~}~ ~ ~ P~!1~o~'mRl~ foC th~t'M~dltioeNt ~+d(R3^' i+io w-...~.~..w Rw~cw~ • wr. •,,~ a a~Ais i~ ~1 `yj jyy~,~' Nlktsr Miyc'. !; BE~Tip#Ft-cO~RApE,~,q~yag:A60t~It:Y~1~ifl1RY~IN~f;PROi~I~TlrpeAAlll~t,lAgn;~y~ 2. Ltioel}pioi-li.R #A~+k~bd fhd~lM;tatlffirt~a e3d.~ _ T~+ +?R:d~a.poR ~ppfx 1a: ?1;dMidonai lnswrq C tJtdWlty byiea~a,-a~ihra~imq,at#I~,i~;a-, ~p~!.es, FInMt~d.9p+~-gorn- o~iMpii `.i~ u+s~s.o~ uc 1h~:,~Y a- dsrn44e k°:h~ b~+'ytA !p. 's:s c+' e +alt-0?iEit hRN~.t~MD ~pNtg 9F T~-t~OklCx ~E1,fAtN.~A . _ _::FR .:~_aY $„ ... b i«' .. ~ _, S'r .,. _ - _ _ ~ ~ S F .. ~ ... ... ,.~ E;' .. .>j ~.. ` .~ :~ i ~. ~ --t __ ., ,. i r .~ _. ., e _. .. _... ,,, . .. r ~~^ ix, _ .. ~ u. i ` ~ _.. _ _ r ... ~--_ _. '=a_~r' .,,,...fa _ .' - _ ..~ ~' cr- r - ,; ~ _ .. _ ~ ~ , .':. _ z'' :yc_ _ _ ~.. i _ ~ ,,.. C t~~ ko~ F afi n z ~tu V~.~i } • W -ki-~.~~ ~.. :i ~ _ . YL ~ - ':f618 ~~.T i +Lt10~i i?':~ t S Y ~.li E. r 3'1F'.~.. y ~..v .r wl.:.~1 _h, 1x }Qri~ ~w. ~ kr'ra v ...1 ~4. ~. ACORD CERTIFICATE OF LIABILITY INSURANCE ~ "'"' ~ 05;12,2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB8rT Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Orange County HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Colony InSUranCe Company 39993 Redlands Software, Inc. INSURER B: Travelers Property Casualty Co 25674 2656 Redlands Dr. INSURER c: Costa Mesa, CA 92627 INSURER D: 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 MAYBE 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM D POLICY EXPIRATION DATE MM DD LIMITS A GENERAL LIABILITY E0400197 05/12/09 05/12/10 EACH OCCURRENCE $1 QQQ QQQ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $50 QQQ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $1 QQQ X BI/PD Ded:5,000 PERSONAL&ADV INJURY $1 QQQ QQQ GENERAL AGGREGATE $1 QQQ QQQ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ POLICY PRO LOC JECT B AUTOMOBILE LIABILITY BA232H048309 04/28/09 04/28/10 COMBINED SINGLE LIMIT E id $1 QQQ QQQ ANY AUTO a acc ent) ( ' ' ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAM AGE $ (Per accident) GARAGE LIABILITY t ~ Y~+~ AUTO ONLY-EA ACCIDENT $ ~ T ANY AUTO O Fi O OTHER THAN EA ACC $ ~ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY ~ -C. EACH OCCURRENCE $ OCCUR CLAIMS MADE S 3 ur$ Stl jr -4 S e AGGREGATE $ t8nt y CI( edy tr DEDUCTIBLE 0r'ney $ RETENTION $ $ WORKERS COMPENSATION AND ' WC STATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ A OTHER Technology E0400197 05/12/09 05/12/10 1,000,000 Each Claim Errors & Ommsissions 1,000,000 Aggregate DESCRIPTION OF OPERATIONS /LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ** Supplemental Name ** Redlands Software, Inc. The City of Santa Ana, its officers,employees, agents,volunteers and (See Attached Descriptions) City of Santa Ana, its officers, employees, agents volunteers & representatives 20 Civic Center Plaza Santa Ana„ CA 92701 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~_ DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENT/,TIVE AI.VKU L, (LUU7/Uif) ~ of 3 #S3572307/M3572299 VASCO o ACORD CORPORATION 1988 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. ra~.vrtv c~-a ~cuu-uua! 2 of 3 #53572307/M3572299 DESCRIPTIONS (Continued from. Page 1) representatives are named 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. 30 day notice of cancellation except for 10 days for non-payment of premium nnw ca.a ~wv ~rvo/ o Vi J /f.73~/L3U//M3b/LL`J~ y ~S~R_D,~ CERTIFICATE OF LIABILITY INSURANCE Ro76 os-a4-aao9 DER EMPLOYEEMATTERS INS/XACTPAY 'WEB 2507.76 P: (877)287-1326 F: (877)5.3.8.-43.64 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 COVERAGEAFfORDEDBYTHEPOLICIESBELOW. 308 FARMINGTQN AVE FARMINGTON CT-06032 INSURERS AFFORDING COVERAGE INeuf~A:H~rtford Ins Co of the Midw;e t ~*V ~ ~ ~ ~ ~' INSURER B: REDLANDS SOFTWARE INC . INSUIa~I c: 2 6 5 6 REDLANDS DR INSURER D: ' COSTA MESA CA 92627 INSURff1E: COVERAGES HE I I URAN ELI D B W HAVE B N H IN U NAMED V H Y D I I A D. N I H ANDI ANY REQUIREMENT; TERRA pR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATfi MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONdITiONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '"~ r-~or•"ersuQAMCE voucrAaalmER P°ucr~cTn~ P°ucYO~rwRATlav t1~s OEA ERAI LlAR[/TY EACH OCCURRENCE 1 - COMMERCIAL GENERAL LIABILITY flRE DAMAGE ans fin) 1 CWMS MADE ~ OCCUR MEO EXP one 1 1 PERSONAL a ADV INJURY 1 GENERAL AGGf~GATE ~ OEN'L AGGREGATE LIMIT APPLIES PER: - - PRODUCTS - COMPRW AGG / POLICY PRO- LOC AUT '~DAN7~DiCE[/AfORlTY COMBMIED SkIGLE LRiMT - 1 - ANY AUTO .._ IEa ~ceidrnU ALLOWNED AUTOS BODILY INJURY " . 1 SCHEDULED AUTOS IP~r pxwnl HIRED AUTOS BODY INJURY - NON~WNED AUTOS . IPV oecidsnq 1. . w('~/ry t+ ~O-` PROPERTY DAMAGE . , 1 h-7 (P~r ~xld~nU IAIIAOE LUIfNJTY AUTO ONLY - EA ACdDENT • ANY AUTO ~~ TNAN EA ACC 1 CCdY Auro ONLY: Acs 1 ~sscuevTV ~ -'au c;ty ttoTne . EACH OCCURRENCE 1 OCCUR ~ CWMS MADE a11;1.S~L ~ AGGREGATE 1 • DEDUCTIBLE 1 RETENTION 1 / I+YO/6~RS COMHENSATkGMAA1D ~ X WC STATIY OTH- A ~fLO'~~~1°"I'~'~ - 76 WEG LP1504 08/03/09 08/03%10 E.L. EACH ACCIDENT Il 000 000 E.4. DISEASE - EA EMPLOYEE /1. O CI 0 O O O E.L DISEASE -POLICY LIMIT I l O O 0 O O Q OTlfFR QESCAP7J°N lJ OAERATpWS/l°G TIGYI4SA+1F$A~CLfASAONS ADDED ®Y OIIDORSEAIEAITATAEGAL /ROIII'~WYR The City of San>~a Ana, its officers,emplayees,agents,volunteers and. representatives are named Additional Insureds with regard to Liabi ity and defense of suits from the operations and. uses performed by/on behalf of the named insured. 30 day notice of cancellation except for 10 days for non- a ent of remium. `~` 4Cfi I.If ~Vl~IC rIVLLlFII AMtR.lMM/1~o~AeY.INM¢R iLIItlC l~N1Y4CLLJ1IIVI~'" SHOULD ANY OF THE ABOVE DE8CRIBED POLICIES BE CANCELLED BEFOII# THE EXPIRATION DATETHEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .City of Santa Ana 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE Public Works A enC HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO g y OBLIGATION OR UABWTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 CIVIC CENTER PLZ # M21 REPRESENTATIVES. SANTA ANA,, CA 92701 I ALIT SBYTA ACORD 25-5 p/97) ~ a ACORD CORPORATION 1988 MKT aATF