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Home My WebLink AboutACTIVE NETWORK, THE 2A - 2008City of Santa Ana Clerk of the Council AGREEMENT TERMINATION G 200a J Please complete this form when the attached agreement is no longer in effect Return form to the Clerk of the Council Office (M -30). l� , Call 647 -5237 if you have any questions. The agreement with No. //- 0'000 - 0027 was completed on 1 ,PI I r Q I and final payment has been made. K) -e5t6o -01 Revised 07 -23-07 Department: T MA- Phone/Ext.: "1 Signature: A( r,,O ICk l 1 Date: -lit t I INSURANCE NOT REQUIRED N- 2008 - 027 -01 WORK MAY PROCEED CLERK OF COUNCIL ? OF FIRST AMENDMENT TO AGREEMENT DATE: CLERK a ks $THIS FIRST AMENDMENT TO AGREEMENT is entered into on November 13, 2008, k `�by and between The Active Network, N.A., Inc. (hereinafter "TAN ") 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 parties entered into that certain Agreement N- 2008 -027, dated February 22, 2008, (hereinafter "said Agreement ") by which TAN has provided software support and maintenance for its Recreation and Facilities Management software. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3, TERM, shall be amended extend the provision of support and maintenance services for an additional one -year period, through November 30, 2009, at a cost of 59612.60. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA 9.14FALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: /_, La d a Sheedy Assistant City Atto ey CITY OF SANTA ANA GERARDO MOUET Executive Director— arks, Recreation and Community Services Agency C- /" 20( -)q 'rime: 9:44 AM To: 17145714221 e 917145714221 i:5a Y Page: 002 '11 CORD,'� CERTIFICATE OF LIABILITY ------ LITY INSURANCE =D1.,TE) - \ lnsttrance T,ic: 00O3S50 ON LYCAND FCONFERSSNOERIGHTSUPONRTHE ICEki'IF rp' .. `? %I I'Otxne Centre Diive, Suite 500 HOLDER. THlS CERTIFICATE DOES NOT AMEND, Ea. "i'EN� i S „t Uie�c, C.� U2122 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ELOt1`. 1 - -- INSiJRERS AFFORDING COVERAGE ,� j .;LIREv - NA.., n r :he. 3Ctlt e \ Cnwork Inc i ;Nz JREP A Federal Insurance Sc'e :\ti .died) )�� r1 ±aEae Tn+ vcicrsCagfaltyCompanyofConoecticut Tt!1es13 Ct. Ste 1 f )0 �y!�/"t� _b td =.!REP r Lloyd's of London - -- - -- 3. 1 —� CA �? 1 1 CJ ' JRER e: San liege. -, r s - - -- ,5 '.:C,VERAGFS i '-E PC!L!CiES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTtVi'rH5TAN_ Oit PER I \14, HE I S R A C CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Jr_ i.t PER I AIW THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONC OF SUC. rU<' ES. AGGREGATE LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. IO < F s r A .' TYPE OF !NSl lae fiF1eFRAL LIABILITY � I f F- GA fZAGE L r Mini:. iTY M EXCFSSlUriBRELLA LIABILITY i . '"+FIIcRS COMPENSA 7101`4 AND L IABILCCI' i ocrt I lcz= 'ULIUY EXPIRATION 35$77916 LIMITS 4.1612009 E` 4116i2010 CH 0C ",- RPF0CF ' Ea Et ISES(Fa -I ctrc• 1 MED - 'RCPE,- T1' OAnrr,r,E ' r ,iErJ EPA,'GS= 'ELATE t � -- Fr.'GGIICT� -`.1 y Attorney AU1 . 1- -- hL:-- �� .. - '- `ABfNE{; SINGLE Ll,o' I c en _ — 73546685 I 4/16/2009 4!16/2010 I - - -- - r -N E `:JL!Pt I 4/16/2009 APPROVED 7986.5288 HTL. B3881 N74609 W15L1009PNPT TO FORM s cIL a ue, (Per acc•ierl; . 'RCPE,- T1' OAnrr,r,E ' Ire, a:c:aN. . 1 i I y Attorney AU1 . 1- -- hL:-- �� 1 riER 7o, E4 i ii 4/16/2009 4/16/2010 r � i Professional Liability] 4116•'2009 4116;2009 -' ,: r 0"ki:A -101,19 I LOCATIONS/ VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVI 4/16/2010 IS EL EACH A, ^!CENT S 1 "(1f 11, f ii ll l IEL. &-,EASE -=A E'IaLOi EEi i• i.000':I') i T 4/16/2010 LI"'II I's 10,000,000 ` °- - ""' I SELF NSURED P,li'C£ \'TIOT^ ,,.,i c:xiel•ii the i it} of Santa Ana, their respective officers, employees, agents, volunteers and representatives are Additional Insureds, as respect„ rcgLlircd be conhact, the insurance is primary and nen- contributory, per company specific form, �'ZLFVI k E HOLDER CANCELLATION --- °- SHOULD AWOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THI EE:(, ^ir;:a`; I it•r DATE THE Alm Rohe-r t-arroll << .ant., - •t,17,9 gird_ and Floor `f)i2[; Mj 12001 ient # 48624 Mst # 10427 REOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL JU__ _ L•;• yg yylzj r:• _. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 1 BUT FAILURE in nc _ IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER 1 - ,r ocuocc1—__ ' - AUTHORIZED REPRESENTATIVE Michelle Chl'istovhei-son Cert # 1 Subject: D CORPORATTF .,-, : -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. ACORD 25 INSURED: The Active Network Inc POLICY #: 35877916 COMPANY: Federal Insurance Company POLICY PERIOD: 4/16/2009 TO 4/16/2010 EFFECTIVE DATE: 4/1612009 ortdlrlons Duties /n The Event Of F. Knowledgeof an occurrence or offense by an agent or employee of the insured will not Occuniance, Offense, constitute knowledge by the insured unless an officer (whetheror not an empluyee) of any C /a/M Or Suit insured or an officerasdesignee knows about such occurrence or offense. O. Failure of an agent or emplayee of the lnsutea other than an ofYker (whedw or not an employee) of any insured or an offaccesdesignee, to notify us of an occarreacc or offense that such person knows about will not affect the insurance afforded to you. H. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the Insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. i698/ ainstt/s No .., ..•.,, person or orgatnizationhas a right under this inauarattoe te: , join us as a party or otherwise bring, us into a suit seeking damages from an insured; or sue us on lh is insurance unless all of the terms and conditions of this insurance have been My complied with. A person or organization may sue us to recoveron an agreed seitlementor on a final judgment against an insured obtained afier an actual: trial in a civil proceeding,; or arbitration or other alternative dispute resolution proceeding; but we will not be liable fordamages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance, ...•»ayuiu ;a ca .iYs:•.it,� a,sicia "ass ! rs�sy.o dYi es,XYY�sc�piEie ; ►iu a {n r Other /nsunsutoe 3 i srysa FY i..'rl.spse 0. >abal , +,a. e;psb,e :a, If odwr valid and collectible m' staance is available to the inured for bens we would otherwise Iaf cover under this insurance, our obligationsare limited as follows. Primary Insurance This iinsuranee is primaryexcept when the Farness insurance provisiondescti bed below applies. Ifthis insurance is primary, ourobligationsare not affected tmless any ofthe other insurance is also primary. Then, we will share with all that. other insurtnca by the method described in the Method of Sharing provision described below. Excess Insurance This insurance is excess over any other insurance, whether primary other basis: , excess, contingent or on any A. that is Fire, Extended Coverage, Builder'sitisk, Installation Risk or similar instaunce for your work; B. That is insunusce that applies to property damage to promisesrented to you or temporarily occupied by you with permissionof the owner; C. if the loss arises out ofairetatt, autos or watercraft (to the extent not subject to the Aircraft, Autos or Watercrenexclusion); ud"4F rnsureeug r�r► ao- os- songrrev. s -or1 co�t�r Pe9e 22002 General Liability Condtfons Other insurance D. that is insurance; (eonUnueo 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that Is insurance under any Property section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend such Insured against such suit Ifno other insurer defends, we will undertake to tip so, but we will be entitled to the insureesrights against all those other itl9ureni. When this iimsuraaoe is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of the total: amount that all other insurance would pay for loss in the absence of this insurance; and ofall deductible and self— insuredrmounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Uoclaraiions of this insurance. U&MOd of Shering frail of the other insurance permits contribution by equal s}uwes, we will fellow this method also. Under this method each insurer contibutesequal amounts until it has paid its applicable limits of insurance or none ofthe loss remains, whichever comes first, Many of the other insurance does not permit contribution by equal shares, we will contribute by limits. Underthis method, each insurcessham is based on the ratio of its applicable limits of insurance to Litt total applicable limmitsof insurance ofall insurers. - .�Fi�•� M y... _ -4.�♦ .:..waM..1.�1MYr. -1 , PremluniAudlt .. ...�... ,, -. ,. -, We will compute all premiums for this insurance in accordance with Our rules and rates. In accordance' with the Estimated Premiums section of the Pmmium Summary. premiums shown with an asterisk( *)sure estimated premi isms and are subject to audit. In addition to Or in lieu of such designation in the Pmmi urn St mtnary, prerniunms may be designated as estimated premiums elsewhere in this policy, In that case, these premiums will also be subject. to audit, and the second paragraph of the Estimated Premiums section of the Premium Summary will apply. SeparationOfinsureds «: «3 i i; m«: esptcttactc .::SASC:x:e,3z «;c,s�rr3D::m« etaS�....3� .:c;.ra3�ncs:ct:n:e:�,s:S.s Exoopt with roped to the Limits Of Insurance, and any rights or duties specitically assigned in this insurance to the first named lnsure4 this insurance applies: as if each named insured were the only named bmrod: and separately to each Insured against whom claim is made or suit is brought. LAOftkisumme Form 80- 02- 21,10QRev. 4 -t)1) CorihRCt Page 22 0192 Insured: The Active Network Inc Master # 10427 Cert # 177064 Attachment Page Named Insured A/O Class Government Solutions LTD Acrive & Axcess, LLC Active Acquisition Corp Active Marketing Group Active Public Enterprise Group, A Wholly owned subsidiary of The Active Network Active Registration, LLC Active USA Automated License Systems, Inc. Blue Bear Corporation Camp Registration, Inc. (CRI, Inc.) Class Software Solutions PTY LTD, Class Software Solutions, Ltd. 6t 50� �1 S Click4teetimes l DBA: Active.com eteamz and Recware Doltsports 1fj Enteronline Eteamz.com Inc. Fairway Systems, Inc. Getsetgo Guru Acquisition Corp Hodgson's Hurricanes, Inc. Howtoguru.com, Inc. Hy -Tek Sports Software Infospherix Incorporated Infospherix Incorporated Ironpoint Technology, Inc. Jencess Software Laxpower Leaguelink, Inc. Myteam.com Securities Corporation Myteam.com, Inc. PEG Acquisitions Corp Racegate.com, Inc Regonline RG Acquisition Corp Sierra Digital Sporg The Active Networh, LTD The Active Network EU, LTD The Active Network, Inc. Thrivia LLC Vision SBP, LLC Vision Sports Entertainment Partner Wingate Web Youth Sports Network, Inc. INSURED: The Active Network Inc COMPANY: Federal Insurance Company Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the foltowingl'orms: GENERALLIABILITY POLICY #: 35877916 POLICY PERIOD: 4/16/2009 EFFECTIVE DATE: 4/16/2009 4/16/2009 TO 4/16/2010 4/16/2009 35877916 The Active Network Inc Federal Insurance Company Under Who Is An Insured, the following provision is added: Who Is An Insured TO 4/16/2010 SeheduledPerson Or Subject to all of the terms and conditions of this insurance, any person or organization shown in the Organization Schedule, acting pursuant to a written contract or agreement between you and such person or organization, is an insured, but they are insureds only with respect to liability arising out of your operations, or your premises, if you are obligated, pursuant to such contract or agreement, to provide them with such insurance as is afforded by this policy. However, no such Pelson or organizationis an insured with respect to any: assumptionof liability by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement, damages arisingout of their sole negligence. Schedule "ANY ENTITY REQUIRING ADDITIONAL INSURED STATUS AS PER A WRITTEN CONTRACT WITH THE NAMED INSURED" Liability insurance Additional Insured - Scheduled IkOftft ft9s Farm 80- 02- 2387fRev. 8 -041 Endorsement continued Page 1 Liability Endorsement (continued) All other terms and conditionsremain unchanged. Authorized Representative a�� Liability Insurance Additional Insured - Scheduled Persftsfamftorcopy last page Form 80- 02- 2367(Rev. 8 -04) Endorsement Page 2 DATE (MMIDD, A , CERTIFICATE OF LIABILITY INSURANCE 0512112010 16:2f216 =6 If the certificate holder is, an ADDITICA AL h &F RED, the policy(les) must endorse-d,. A, statement ,stn th's cerfificate does not confer rights, to the ciertiffilcate, holder In lieu of such endorsement(s). If 341BROGATIOR IS VTAq,'ED, sut�ect to the terms and condtfions of the poficy, certai[n poltoes MaF requiref an endorsement. A statement on this certificate does not coffer rights, to the certificate holder in, eu of'such endoirsement(s). IMM4j"11 0 n �n The Cerfificate of Insura ce o' the reverse side of' this form does, , ot constitute a Contrad between ffie issuing insurer(s), authorized representative or producer, anod the certificate holder, nor does, it affirmatively or negatively amend, extend' or alteri the coverage afforded by the policies listed thereon. 9lmll2Mml=iN2MW , Inc. Master# 14226 Attachmen =14 W-1, inn r i 10 1 nc. Master-4 14226 The Advenet-work, Inc. Thrivia LLIC"" i ion, SBR, lLLC Vis, on, Sports, Entertainment Partner Winglateh Web Youth Sports N' twork, In The Active Network (Asia) Pte Ltd INSUR,EDI: The Active Network Inc POLICY'k, 35877916 COMPANY- Federal Insuran,ce Company POLICY PERIOD, 4/16/2010 EFFECTIVE DATE- 4/16/210110 1 !111111111 3 ggl %fic ridd Eftwive Date Policy Number h7sure'd Name ofCoMpany Date Issued This d it pplies io, the, (61 lo", ing F, N f-,`,,R,A L L I A 1311111. 11" 4/16/2010 TO 4/16/2011 4/1612 010 35877916 The Active Network 1,nc Federal Insurance Company 4/1612010 M"ho I n I nS111-edAthe 1,kr6Nv-invx provision -is adde& 47 ScheduledPerson Or Sti h, ect to, -Lt 1, 1 o I'the i,ernis a nd conah (io ns o tl h is i ri vrn:�'w e ,-a 1!1 v pe rson or org"'I 11 i/-,�l I' io"n Show 11 in t, he JL C hed k"i I C. act intt 'J'711 "I'St 1,a ni, t () a wr i i i en cont rac"t or a roe Mr en t �el w e'llen V1014 1 4111(1 sk I'C' 11 pe NS 0 n, 01'" Organization , , "' k, � w . .11 0 1' V1,111n, n i z,,' Ition., isan litsured but flw.1-01't! i Miuredsoinly with reslpect w, habifely ansing ow, of'voor ide 0.11'e"MI tons. or,�,,,,o pretr ise %-. i f yo u, are 1")b I e �, 1, [,%1 vsk t,"Irnt I o t 101 COTIA 1,12c, i or, a greem on I lo pro,�, th em wi t 11 SUChl i nsu rzij nce, IS ta I'll)rded, 1,i�? th iu) h ey. S, S the hability [br (k,lnuiges flior injunn, ol.,C w .1 J'arma Lzfe� t,(,) wil: I C h th I-S, HIS LE 111ne e,, a pplies , I lvgat the perso)n cr orga n Tzat I on wo u Id Na, vz I n 1, h e a lisence o I'suc h co n t rael oragrrccrnew dpi es 41i Schedule "ANY EN'TITY REQUIRING ADDIT10NAL 1 IS D STATU'S AS PER A WRITTEN CONTRACT WIT WT14�E,'I' D INSURED A P PI` W, e')" A T" balbift�ylrisuranca SCITarfuled fluev, CoNfoued, ...... . ....... F n 80-012-2367,Ro%� 04 F77,110tSOM10-01 Page I M A H ot I'te r teini sa, nd, ond i t io ns rem a in u nchanged. Authadzed Representative Liability Insuiran-ce AddiNonal Insure d -Scheduled PersCR@,,f@ MTM iWC,op last page, ,y . ... . ...... -"" . ....... Form 80-02-2316;TPev B-04), Endonsement Page 2'