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Home My WebLink AboutFORENSIC TECHNOLOGY WAI, INC. 1City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Make sure to include all amendments if any. Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-2520 if you have any questions. The agreement with G 200q "P 3 4i AIVA No. N-2009-113 was completed on and final payment has been made. {7 i Department: r, f'I, Phone/Ext.: '�6o of ,4 Signature: t-~hhJ�% Date: -1-1' [ d— Revised 05-04-08 ASURANCE ON FILE N-2009-113 VIORK MAY PROCEED UNTIL INSURANCE EXPIRES /« - / -,2` G) /n CLERK OF COUNCIL DATE: OCT \� AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FORENSIC TECHNOLOGY, INC. 1. This serves as an agreement between the City of Santa Ana ("City) and Forensic L1,�firc'� Technology WAI, Inc. ("Producer"), as of October 3rd, 2009, in connection with a training video describing how the use of Forensic Technology's IBIS BULLETRAX-3D helped solve a Santa Ana cold case homicide. 2. The City hereby authorizes Producer to interview Detective Louie Martinez and Forensic Firearms Examiner Rocky Edwards, providing they voluntarily consent to being interviewed for the training video, regarding how the technology assisted them in solving a cold case homicide. 3. The rough cut of any footage to be used for the training video (DVD or VHS) that the Producer intends to use shall be submitted to Deputy Chief Anthony Harrelson of the Santa Ana Police Department. Within ten days, City shall notify Producer in writing of any scenes which are to be excluded from the training video by listing such scenes on a form that identifies the description and time code of such scenes. Producer shall exclude such scenes from the training video. 4. The use of any footage containing public figures shall require Producer to obtain appropriate clearances from such individuals. Producer shall also obtain the appropriate appearance agreement and release of any and all participants in the training video. 5. Producer agrees to indemnify and hold harmless the City in connection with any and all claims arising out of the actions of Producer's personnel, agents, employees, contractors or authorized third parties in connection with the filming and/or production of the training video, including Producer's breach of this agreement. 6. Producer shall obtain all permits required by the City for filming in the City, including but not limited to film permits, special event permits or licenses. 7. Producer shall maintain and provide proof of commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) 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 Producer'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. Producer shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney. 8. In accordance with the provisions of Section 3300 of the Labor Code, Producer, if Producer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to the commencement of this Agreement, Producer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 9. Producer represents the person executing this agreement has the authority to sign and bind Producer's personnel, agents, employees, contractors or authorized third parties. 10. This agreement shall be governed by the laws of California. This agreement cannot be changed, modified, or altered, without the written consent and signature of both parties. 11. In the event that any term or provision of this agreement shall be held invalid by a competent court or governmental agency, the remainder of this agreement shall not be affected thereby, and the parties hereto shall continue to be bound by the remaining terms. The production dates are as follows: October 3`d, 2009 and October 7`'', 2009, with a total filming period not to exceed three (3) hours for each employee. Authorized Agent of the Producer Approved as to Form: W Tefesa L. Judd Deputy City Attorney ATTEST: ley 1It4 4: A Maria D. 11uizar Clerk of the Council David N. Ream City Manager Approved as to Content: � �WV6- Paul M. Walters Chief of Police EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company :CHUBS INSURANCE This endorsement modifies such insurance as is afforded by the provisions of Policy # _35760716 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 October 1" 2009, this endorsement form as a part of Policy # 35760716 Issued to Forensic Technology W.A.I. Inc. Named Insured Countersigned b Authorized Representative APPR�VED AS TO FORM Teresa DepuJud ty City Attorney 21 Gallagher Lambert Group Quebec ULC CERTIFICATE OF INSURANCE NO: 49-117 DATE: October 5th, 2009 This document supersedes any certificate previously issued under this number This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which the Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder other than those provided by this policy. This Certificate does not amend, extend or alter the coverage afforded by the policies described herein. NAME AND ADDRESS OF INSURED: CERTIFICATE ISSUED TO: FORENSIC TECHNOLOGY INC. CITY OF SANTA ANA 5757 Cavendish Blvd., Suite 200 20 Civic Center Plaza Montreal, Quebec H4W 2W8 California 92701 Effective/ Type(s) of Expiry Limit(s) Insurance Insurers Policy No(s). Dates Coverage of Liability General Liability Chubb Insurance 35760716 Company Oct. 14, 2009 Inclusive limit for $1,000,000 US per to Bodily Injury and Occurrence Oct. 1", 2010 Property Damage $1,000,000 US per Policy Period for Products and Completed Operations $1,000,000 US-non- owned/hired Automobile Liability $1,000,000 US Int. WC SPECIAL NOTE: :City of Santa Ana, its officers, employees, agents, volunteers and representatives shall be named as an additional insured only with respect to the insured's products and completed operations and uses performed by or on behalf of the named insured. NOTICE OF CANCELLATION: Should any of the policies described herein be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written notice to the Certificate Holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives. GALLAGHER LAMBERT GROUP QUEBEC ULC 1100 Ren6 L6vesque Blvd. West, Suite 1360, Montreal, QC H313 4N4 Telephone: 1-514 861-6522 Fax: 1-514-392-9264 "eresa Judd Deputy City Attorney GALLAGHER LAMBERT GROUP QUEBEC ULC Authorized Represen tiv