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Home My WebLink AboutHIGH LINE CORPORATION 1D -2009IN5URANCE NOT OiV FILE N-2009-012 WORK MAY ~ PROCEED CLERK OF COUNCIL DATE: ~ -~ ~' ~' 9 FOURTH AMENDMENT TO PROGRAM LICENSE AND SERVICE AGREEMENT # 980603 L' :- Fv~a~~a- (a-~ Sha~~o~. tle~.ne~"~'HIS FOURTH AMENDMENT, made and entered into this 12a'day ofJanuary, 2009, by and between 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") and High Line Corporation. ("Contractor") 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 softwaze modules. The Parties subsequently executed amendments dated April 3, 2000, May 2, 2001 and January 19, 2006, hereinafter referred to as "Program and Service Amendment #1, #2 and #3" respectively. B. The parties now desire to amend said Agreement in order to allow the City to utilize certain programs to participate in Ca1PERS beta testing and 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. Pursuant to Section 16.B, of said Agreement, REQUISITION OF ADDITIONAL PRODUCTS AND SERVICES, the Executive Director of Finance hereby approves the amended rates set forth in Exhibit A-1, attached hereto. Said rates shall be effective December 8, 2008. 2. Amend Part IV, ADDITIONAL TERMS AND CONDITIONS, by adding a Section 8, which shall read, in full, as follows: "Ca1PERS -Contractor has agreed to work with the City as part of the beta test project for the Ca1PERS changes planned. Contractor will make any changes required in the ePersonality version at no additional cost to the City. While the City will be required to install ePersonality in order to test any database and program changes necessary, the City will not be required to pay an ePersonality upgrade fee in order to utilize the Ca1PERS functionality." 3. Except as modified by 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 Fourth Amendment to said Agreement on the date and year first above written. ATTEST: PATRICIA E. HEAL Clerk of the Council CITY OF SANTA ANA ~~~ DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH FLETCHE City Attorney RECOMMENDED FOR APPROVAL: Rdcv~~~ ~~ ~ ~~ ~. FRANCISCO GUTIERREZ Executive Director Finance & Management Services Agency CORPORATION _~, KAbtL NIEMULLER President Tax ID#: 98-0130856 EXHIBIT A-1 HIGH LINE CORPORATION STANDARD PROFESSIONAL SERVICES FEES Weekly rate Daily Rate Hourly Rate Resource Remote On-Site Remote On-Site Remote On-Site VP/Mana er/Sales $7,500 $9,000 $1,500 $1,800 $200 Senior Application 6,000 7,500 1,200 1,500 175 200 Consultant Consultant 5,000 6,000 1,000 1,200 150 175 Implementation 3,500 4,000 700 800 100 125 S ecialist Senior Technical 5,000 6,000 1,000 1,200 150 175 Consultant Programmer 5,000 6,000 1,000 1,200 150 175 Anal st Cr; Gall agber Lambert group CERTIFICATE OF INSURANCE This is to certify to: City of Santa Ana 20 Civic Centre Plaza PO Box 1988 Santa Ana, CA 92702 that Policies of Insurance as herein described have been issued to the Insured named below and are in force at this date. Named Insured: High Line Corporation & High Line Inc. Address: 145 Renfrew Drive, Suite 210 Markham, ON L3R 9R6 Operations to which this certificate applies To provide Products and Services (Implementation Training and Consulting Services on our product) Type of Policy Policy No. Effective/Expiry, Limits of Liability 1. Commercial General CP00034791 Sept. 12, 2008 CDN$2,000,000 Each Event Limit Liability Sept. 12, 2009 CDN$2,000,000 General Total Limit CDN$1,000,000 Products & Completed Work - Total Limit CDN$1,000,000 Personal Injury & Advertising Injury -Total Limit CDN$1,000,000 Non Owned Automobile Liability Cross liability / Severability of interest clause 2. Technology Errors CP00034791 Sept. 12, 2008 CDN$1,000,000 Each Wrongful Act & Omissions Liability Sept. 12, 2009 CDN$1,000,000 Total Limit 3. US Premises Liability 83SBMPR6633 Sept. 12, 2008 US$2,000,000 General Aggregate Sept. 12, 2009 US$1,000,000 Personal & Advertising Injury US$ 300,000 Tenants Legal Liability US$ 10,000 Medical Expenses 4. CALIFORNIA 83- Sept. 17, 2008 Workers Compensation -Statutory Workers Compensation WECNC2220 Sept. 17, 2009 Employer's Liability & Employer Liability US$1,000,000 each accident -bodily injury US$1,000,000 bodily injury by disease -each Employee US $1,000,000 bodily injury by disease -policy limit Insurers: 1. St. Paul Fire & Marine Insurance Company 2. St. Paul Fire & Marine Insurance Company 3. The Hartford Insurance Company 4. The Harford Insurance Company Note: It is hereby understood and agreed that the CITY OF SANTA ANA is added as additional insured, as their interest may appear, to the above noted Commercial General Liability policy but only with respect to the liability arising out of the operations of the Named Insured in connection with the operations of the Named Insured. Page 2 Gallagher Lambert Group (A member of Arthur J. Gallagher & Co.) ti I} iyf2U V l i~ AS TO FORM 185 The West Mall, Suite 1710, Toronto, ON M9C 5L5 Phone: (416) 620-8030 Fax: (416) 620-1853 ~ ~s; ~ ~ ~.auia Stitt Sheedy ', ~ai~tan~ pity Atrorrel° Insurance afforded is subject to the terms, conditions and exclusions of the applicable policies. This Certificate is issued as a matter of information only, 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. Date: March. 25, zoo9 Gallagher Lambert Group ~:' ~-- ;/ Angie Procopio CAIB CIP Authorized Representative Gallagher Lambert Group (A member of Arthur J. Gallagher & Co.) 185 The West Mall, Suite 1710, Toronto, ON M9C 5L5 Phone: (416)620-8030 Fax: (416)620-1853 Gallagher Lambert Group CERTIFICATE OF INSURANCE This is to certify to: Ci#y of San#a Ana ~. 20 Civic Centre Plaza PC3 Bax 1988 _. .; ~..,~ =_: ~ ~ ~- ; '-; , Santa Ana, GA 92742 - '~ #hat Policies of Insurance as herein described have been issued to the Insured named below and are in force of this date. j`' Named insured: High Line Gorpora#ion ~ High Line inc. '°"' Address: 145 Renfrew Drive, Suite 214, Markham, ON L3R 9R6 Operations to which this certificate applies: v : .-,-, To provide Products and Services {Implements#ion Training and Consulting Services on our " "duct}. V InsurerlPoiicy No. Type of Policy Effective/Expiry (mm/ddlyyyy} Coverage Limits St. Paul Fire & Marine Insurance Company Commercial General Liability 0911212009 Each Occurrence CDN$5,000 000 09112/2010 General Aggregate Products ~ Completed CDN$5,000,000 CPC0034791 Operations Aggregate CDN$5,000,000 Non-Owned Automobile Liability CDN$1,000,000 St. Paul Fire & Marine Insurance Company Technology Errors & 09/12/2009 Each Wrongful Act CDN$2,000,000 Omissions 0911212010 Total Limit CDN$2,000,000 CPG0034791 Liability The Hartford Insurance Company US Premises 09/12/2009 Liability General Aggrega#e US$2,000,000 83 SBM PR6633 09/12/2010 Personal & Advertising injury Tenants Legal Liability US$1,000,000 US$ 300,000 Medical Expenses US$ 10,000 The Hartford Insurance Company US Workers 0 911 212 0 0 9 Compensation & Worker's Compensation - 83 WEC ZF3985 Employers 09!12/2010 Liability Statutory Coverage Emalover's Liabil~ Each Accident -Bodily Injury by Accident US$1,000,000 Policy Limit -Bodily injury by Disease US$1,000,000 Each Employee -Bodily Injury by Disease L1S$1,000,000 APPROVED AS TO FOThe West Mall, Suite 1710, Toronto, ON M9C 5L5 Main 418 620 8030 Fax 4 i 6 620 1464 /Z La Strtt Sheedy A,ssis ant City Attorney Gallagher Lambert Group GERTIFIGATE QF INSURANGE Note' Et is hereby understood and agreed that City of Santa Ana is added to the Commerciat General Liability Policy as an additional Insured but only with respect to liability arising out of the operations of the Named insured. Insurance afforded is subject to the terms, conditions and exclusions of the applicable policies. This Certificate is issued as a matter of information anty, and confers no rights on the holder and imposes no liability on the Insurer. The Insurer will endeavour to mail to the holder of Phis Certifcate 30 days written notice of cancellation of these policies. date: September $, 2008 Broker: Lowndes Lambert Corporate Risk Limited Albert D. Isidaro, BA, AIIAP Authorized Representative APPRO VEi~ ~„S `I~~ P'pRM 185 The West Mall, Suite 1710, Toronto, CAN M8G 5L5 _'` ~~ Main 416 620 $030 Fax 416 620 1464 i _ Laura Stitt Sheedy ,assistant City Attorne~~