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HomeMy WebLinkAboutHIGH LINE CORPORATION 1C -2006{NcURr.NCE ON FILE VvOnn i~•~Y PROCEED UNl'~~ IidSURANCE EXPIRES ¢-r~-~~e CLERK OF COUNCIL DATE: ~-~ y- ~ b L ,..-' THIRD AMENDMENT TO PROGRAM LICENSE AND SERVICE AGREEMENT # 980603 N-2006-002 ,y ~Mr,~OS a. 9~,'' THIS THIRD AMENDMENT made and entered into this ! ~ G _by and between the CITY OF SANTA ANA, a charter city and m nicrpal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and High Line Corporation. ("Licensor") collectively referred to herein as `Parties". RECITALS A. Parties entered into that certain agreement entitled "Program License & Service Agreement #98063" dated June 22, 1998, hereinafter referred to as "Program and Service Agreement", for the provision of various computer program licenses and software modules. The Parties subsequently executed an amendment dated April 3, 2000 and May 2, 2001, hereinafter referred to as "Program and Service Amendment #1 and #2" respectively. B. The parties now desire to again amend the Requisition section said Agreement in order to provide continuous service under said Agreement as all other terms and conditions remain the same. WHEREFORE, in consideration of the mutual and respective promises hereinafter contained and made, and subject to all the terms and conditions of said Agreement as hereby amended, the parties do hereby agree as follows: 1. Section 16, of said Agreement, pertaining to Requisition of additional Products and Services of said Agreement is hereby amended to add the following statements: A. LICENSEE may request indefinitely from LICENSOR, additional Products and Services, pursuant to the Program and Service Agreement and Amendments according to Paragraph 2 "Term" and Paragraph 15 "Billing Authorization". B. LICENSOR shall charge LICENSEE for Products and Services at the rates identified in the Schedule to Program License & Service Agreement and subsequent amendments. Said amendment shall not preclude Licensor and Licensee from establishing mutually agreed upon new rates. New rates may be incorporated herein upon approval of Executive Director of Finance and attached as Exhibit "A". 2. Except as modified by the two amendments, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to said Agreement on the date and year first above written. SIGNATURES CONTINUED ATTEST: PATRICIA E. HEA] Clerk of the Council APPROVED AS TO FORM: ~l . ~,„JOSEPHFLETC R City Attorney RECOMMENDED FOR APPROVAL: ~Pl~~ Ill P~ ~ / V ~`~ - ~ FRANCISCO GUTIERREZ Executive Director Finance & Management Services Agency ..r CTI'Y OF ANTA ANA DAVID N. REAM City Manager LINE CORPORATION By: Title: President Tax ID#: 98-0130856 `.. EXHIBIT A ..r PROFESSIONAL RATE SCHEDULE -APPROVAL FORM Upgrade Assistance provided by Technical Consultant -1 x Week $900 per Day All additional Assistance shall be provided at current prevailing rates at time of requisition. Current Rates: e~ource. ~R / ry F , , k 4 Yk, Daily. Rate, _ ager Sales Account Man $1,200 Project Account Mana er $1,200 Senior Ap lication Consultant $1,000 Senior Technical Consultant $1,000 Programmer Analyst $900 Plus all reasonable travel and out of pocket expenses for client on-site Consulting and Training. 1/- ;;01> 6 " "" 'Lowndes Lambert GrouQ Lowndes Lambert Corporate Risk Limited CERTIFICATE OF INSURANCE This is to certify to: City of Santa Ana 20 Civic Centre Plaza PO Box 1988 Santa Ana, CA 92702 Att: Mr. Francisco Gutierrez clo Teresa Ramirez, Exec. Secretary that Policies of Insurance as herein described have been issued to the Insured named below and are in force at this date. Named Insured: Address: High Line Corporation & High Line Inc. 145 Renfrew Drive, Suite No. 210 Markham, Ontario L3R 9RG Operations to which this certificate applies: Training and Consulting Services usual to business of the Insured TypE) of Policy Pplicy No. Effective/Expiry Limits oll..lability Commercial General CPC0034791 Sept. 12, 2005 CDN$5,OOO,000 Each Event Limit Liability Sept. 12,2006 CDN$5,OOO,Ooo General Total Limit CDN$5.000,OOO Products & Completed Woll<- Total Limit CDN$5,OOO,OOO Personal Injury & Advertising Injury - Total Limit CDN$l ,000,000 Employers Liability Limit - Each Person/Each Event Limit- Canadian Office Employees Errors & Omissions CPC003479 Sept. 12, 2005 CDN$l,OOO,OOO Each Wrongful Act Liability Sept. 12, 2006 CDN$l,OOO,OOO Total Limit US Premises Liability 83SBMPR6633 Sept. 12, 2005 US$2,000,000 General Aggregate Sept. 12, 2006 US$l,OOO,OOO Personal & Advertising Injury US$ 300,000 Tenants Legal Liability US$ 10,000 Medical Expenses US Workers 83WECNC220 Sept. 12, 2005 Woll<er's Compensation - Statutory Coverage Compensation & Sept. 12, 2006 (AZ, CO, MN, NM, WI, GA, OR) Employers Liability US$1 ,000,000 Each Accident - Bodily Injury by Accident US$l,OOO,OOO Policy Limit - Bodily Injury by Disease "'C;FR0VEB A b TO rr- US$l ,000,000 Each Employee - Bodily Injury by Disease ..- r;h.. ~ >. ~ J - - LISA E. ,ORC\<. Assistant C' y Attorney - ...", U.S. Worker's 1263234 Sept. 17,2005 Worker's Compensation - Statutory Coverage Compensation Sept. 17, 2006 State of California & Employer's Liability Employers Liability: (California) $1,000,000 US Each Accident- Bodily Injury by accident $1,000,000 US Policy Limit- Bodily Injury by Disease $1,000,000 US Each Employee - Bodily Injury by Disease Insurers: 1. 81. Paul Fire & Marine insurance Company 2. 8t. Paul Fire & Marine Insurance Company 3. The Hartford Insurance Company 4. The Hartford Insurance Company lliITf,: It is hereby understood and agreed that City of Santa Ana is added to the above noted commercial general iiability policy as Additional Insureds, but only with respect to liability arising out of the operations of the Named Insured in connection with the training and consulting services. Insurance afforded is subject to the terms, conditions and exclusions of the applicable policy. This Certificate is issued as a matter of information onlv, and confers no rights on the holder and imposes no liability on the Insurer. The Insurer will endeavour to mail to the holder of this Certificate 30 days written notice of any material change in or cancellation of these policies. L"""" Lem"'" Co?" Umn" Date: December 15 J 2005 Authorized Representative Angie Procopio CAIB CIP Lowndes Lambert Group, Corporate Risk Division, 181 University Avenue, Suite 2000, Toronto, ON M5H 3M7 Phone: (416) 644-1931 Fax: (416) 644-1935 www.hlaglobal.com