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HomeMy WebLinkAbout25H - AGMT - ANNUAL SOFTWARE MAINTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2014 TITLE: AGREEMENT TO PROVIDE ANNUAL SOFTWARE MAINTENANCE AND SUPPORT FOR GEOSPATIAL TECHNOLOGIES, INC. (STRATEGIC PLAN NO. 1, 3A) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a one -year agreement amendment with GeoSpatial Technologies, Inc., commencing August 3, 2014, for software application maintenance and customer support in an amount not to exceed $20,898, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 16, 2008, Council approved the agreement with GeoSpatial Technologies to purchase the Automatic Vehicle Locator (AVL) system and provide software maintenance and support. This AVL system provides the Santa Ana Police Department the ability to track police vehicles using mapping software throughout the City of Santa Ana. The Santa Ana Police Department wishes to amend said agreement to provide for an additional year of basic software service and maintenance. The Automatic Vehicle Locator system is proprietary and owned by GeoSpatial Technologies, Inc. and can only be serviced by this company. The recommended action will allow for continuous service of this software for the Santa Ana Police Department. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. 25H -1 Agreement with GeoSpatial Technologies, Inc. November 18, 2014 Page 2 FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services contract services account (no. 01114425 - 62300). 01� Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency t J 25H -2 SOFTWARE MAINTENANCE AND SITE LICENSE AGREEMENT THIS AGREEMENT, made and entered into this I" day of December, 2014 by and between GeoSpatial Technologies, hie., a California Corporation, (hereinafter "GST'), 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 GST to maintain and license automated vehicle locator ( "AVL") tracking software and mobile mapping services. GST represents that it is able and willing to provide these services. B. GST represents that it is the owner of GST automated vehicle locator tracking and mobile mapping software and as such, it is the only company able to maintain the software and provide site licensing for the City's use of the software. C. In undertaking the performance of this Agreement, GST represents that it is knowledgeable in its field and that any services performed by GST under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. D. City has used AVL tracking and mobile mapping software since approximately 2008 and during that time it has been maintained and licensed by GST. 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 GST shall perform those services as set forth in terms and conditions set forth in the attached Exhibit "A" to this Agreement and incorporated herein by reference. 2. COMPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in the quote attached hereto as Exhibit `B" and incorporated herein by reference. The total sum to be expended under this Agreement shall not exceed $20,898.00. 3. TERM This Agreement shall commence on December 16, 2014 and terminate on December 15, 2015, unless terminated earlier in accordance with Section 12, below. 25H -3 4. INDEPENDENT CONTRACTOR GST 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 an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which GST performs the services which are the subject matter of this Agreement; however, the services to be provided by GST shall be provided in a manner consistent with all applicable standards and regulations governing such services. GST 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, GST shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. GST shall maintain corrmreroial general liability insurance which 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 GST'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, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 3700 of the Labor Code, GST, if GST 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 Agreemert, GST agrees to obtain and maintain any employer's liability insurance with limits not toss than $1,000,000 per accident. d. If GST 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. 25H -4 e. The following requirements apply to the insurance to be provided by GST pursuant to this section: (i) GST 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 GST 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 GST's right to be paid for its time and materials expended prior to notification of ternnination. GST 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 GST agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, GSTs, 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 death, and claims for property damage, which may arise from the direct or indirect operations of the GST or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of fnis 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 vents referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The GST 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 selectee. 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 GST receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprictery, GST 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 cue. "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 GST disclosed in a publicly available source; (c) is in rightful possession of the GST without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently deve'oped by the GST without reference to information disclosed by the City. 25H -5 8. CONFLICT OF INTEREST CLAUSE GST 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 telefacsindle 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 Fax 714- 647 -6956 With courtesy copies to: and To GST: Chief of Police Santa Ana Police Department 20 Civic Center Plaza (M -96) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.U. Box 1988 Santa Ana, California 92702 Fax 714. 647 -6515 Mr. Hong Chou GeoSpadal Technologies Inc. 10055 Slater Avenue, Suite 214 Fowitain Valley, California 92708 Fax (714) 861 -7032 A party may change its address by giving notice in writing to the other party, Thereafter, any 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, duty registered or certified, with postage prepaid, and addressed as set forth above. If sent by 25H -6 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 fecsimile 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 GST, 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 GST. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate GST 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 say patty, which are not embodied herein, 11. ASSIGNMENT hrasmuch as this Agreement is intended to secure the specialized set-vices of GST, GST 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 GSTs retained by City. 12. TERMINATION This Agreement maybe terminated by the City upon thirty (3 0) days written notice of termination. In such event, GST stall be entitled to receive and the City shall pay GST compensation for all services performed by GST pri or to receipt of such notice of termination, subj ect to the condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISC.RMINATION GST 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, GST affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. VENUE The 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 GST 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 25H -7 the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. GST shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 15. 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 fatty, 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: MARIA D. IIUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:Q>SyWIL Rt92tr'-� LAURA A. ROSSNI Senior Assistant City Attorney RECONMENDED FOR APPROVAL: Carlos Rojas �� Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager GEOSPATIAL TECHNOLOGIES, INC. Hong Chou President 25H -8 EXIIIBIT A —Terms and Conditions 25H -9 (GST GeoSpafia /Technologies, Inc. Software Annual Maintenance Agreement GeoSpatial Technologies, Inc. (hereinafter referred to as GST) shall provide rnaiatenance and support services under this Software Annual Maintenance Agreement (hereinafter referred to as Agreement) for !My of Santa Ana Police Departincot (hereinafter referred to as Customer) during the period from December 16. 2014 to December 13. 2015, with options to extend for addition 4 years, upon payment of the annual maintenance fee for the products listed in the section of Products Covered, I. PRODUCTS COVERED GST maintenance and support services are provided only for the software products listed in either Purchase Contract, Purchase Order, GST Quote, or GST Invoice with the entire amount of Software Annual Maintenance Foe paid in full on or before the commencement of each 12 -month period. II. MAINTENANCE AND SUPPORT GST shall provide maintenance and support services to the End User. Maintenance and support services shall include, but not limited to: (a) Telephone and E -mail Support: GST will provide telephone and e-mail assistance. You must provide GST with remote access through the Internet to the computers installed with GST software. By calling the GST technical support number, you will reach a trained support analyst of whom you may ask questions or seek advice relating to the use of CST software. The analyst will assist you in utilizing your GST software, and in identifying and providing a work around, if possible, for any software problems Found with GST software. CST support services do not Include hardware, network, operating systems, or third party software. Support will be provided weekdays from 9:00 am. to 6:00 p.m. Pacific Standard Thne, excluding weekends and holidays. (b) Response Tines: In the event that .he End User experiences a critical system failure, which shall be deemed to have occurred if the system is down or inoperable, meaning that the End User cannot use the System and/or the System is off -line, for longer than % hour, GST shall respond and look into correcting the problem immediately upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. For all other 4on- critical failures, GST shalt respond and attempt to correct the problem within four (4) hours upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. If problems cannot be resolved within four (4) hours, the problem will be automatically escalated to Application Technical Lead or the VP of Product Management for resolution. Aft er consultation betwee 1 the vp of Product Management and support staff, GST will provide a plan of action for resolution to the End User, (c) Aug -fixes and Upgrades: CST will provide bug -fixes and upgrades to the GST software when they are available at no additional charge during the term of the maintenance program. 25H -10 ('GST (d) Corrective Maintenance: CST will provide corrections to the supported software using Internet connections, provided you have a high -speed Internet connection on your system allowing CST remote access, during standard support horns. (e) GST Training: The End User under software annual maintenance program receives 50% discounts for all training programs held at CST's facility, (f) Software Customization and Enhancement: The End User under the software annual maintenance program receives a 20% discount for any software customization services. End User requested enhancements or modifications of GST software are not included in the support plan price. GST agrees to review requests from the End User and to provide a quote for the requested enhancement based on time and cost anticipated. (g) Excluded Service: The maintenance and support described herein does not include the correction of software failures due to causes beyond the control of CST and occurring without the fault or negligence of GST such as, but not limited to acts of God, catastrophe, fault, or negligence of the End User, operator error, manipulation of the object or source code (unless approved by GST in writing prior to such manipulation), improper use or misuse of the system or any part thereof, Any such excluded service, whether on -site or off -site, will be provided at the request of the End User at CST per call rates and terms then iu, effect. (h) Support of Old Software: Users are required to install all updated software and any bug fixes in a timely manner, including operating system software. If you fail to keep your system current, GST may no longer support your system. GST will support old releases of a product for two years after new releases become available. For subsequent years after now releases becomes available, if requested by End User, CST may continue to support such old releases for an annual increase in support fee of 40 %. (i) Lapsed Support: If the End User intends to renew maintenance after lire previous maintenance program has expired for over two (2) months, a supplemental fee of 50% of the annual maintenance shall be due GST for the first year of maintenance following your need for maintenance again, in addition to the maintenance fee already due herein. (h) On -site support: Oa -site support is not covered by the standard software maintenance support, Per End User's request, GST will provide on -site support if GST determines that such support is required to resolve the reported problem. In this case, GST will dispatch one or more members of its support staff to your site who will attempt to recreate and resolve the problem(s) reported. During this time it is expected that members of your staff will be available to answer questions and provide information regarding your system, if required. Ou -site support will be charged at GST oer call rlites and terms then in effect, plus travel and per diem for GST staff sent on -site. III. SYSTEM MODIFICATION (a) GST- ¢ouerated modifications: Changes or replacement of the computer equipment, operating system and its related software, or other third party software may require GST software support and/or 25H -11 ('G'ST software modification to allow GST products to work with the new equipment, operating system, and/or third party software. These support and/or modification services will be provided by GST at the End User's request at cur then quoted prices, (b) End User - generated modifications: GST will not be responsible for any damage to your GST software or data caused by upgrades to the operating system or replacement of hardware without GST's prior written concurrence that said upgrade would function properly, Services required as a result of modifications to GST's systems made by the End User are not considered normal maintenance and are not provided as part of ST's Software Mainte tape Prog -am (c) External System Modifications: In the event any external system is modified beyond that anticipated by the terms of the underlying End User License Agreement, the End User shall notify GST of such changes immediately upon receipt of notification from the respective entity /entities and request that GST prepare a proposal to include a time and cost estintate,.for the work to be performed which constitutes a change from the originally agreed upon configuration and work description as presented in the underlying End User License Agreement. GST shall, within thirty (30) days after receiving said notice, furnish a written proposal to the End User provided the required modifications are commercially, technically and practically feasible. Upon receipt of GST's proposal, the End User shall determine whether it desires the work to be performed and if so shall issue a Notice to Proceed within ten (10) days, at which time GST will perform the necessary modifications for the additional mutually agreed upon compensation. IV. END USER RESPONSIBILITIES (a) Software Problems and Reporting: The End User agrees to limit use of GST maintenance service to occasions when GST system software fails to operate in accordance with the product specifications as defined in the original parchase contract. To facilitate the problem solving process, the End User agrees to assist GST in their efforts to duplicate the software problem by providing a written problem report. Additionally, GST may ask that you famish a listing of software problems rather than calling on each individual item over a short period of time so that our support team can better assist you. (b) Payment: The End User is responsible for ensuring that all muounts payable under the software annual maintenance program are received by GST on or before the commencement of the maintenance program The End User's failure to remit payment to GST for such maintenance services provided or to be provided shall entitle GST to deny further maintenance services to the End User, (c) Updates; The End User and all users of GST software are responsible for installing all updates to software, hardware, and fixes in a timely manner, Failure to keep your system updated can, at CST's sole discretion, result in the immediate discontinuation of maintenance support. (d) System Administration: The End User is responsible for identifying a System Administrator, as well as a back -tip System Administrator, who will function as GST's primary and secondary contact for any maintenance services to be provided under dte software maintenance progrurn. Such System Administrator, or, in the absence of the Systems Administrator, the back up, shall be CST's sole contact for technical assistance. The System Administrator and backup System Administrator must 25H -12 �ST be txained in the administration of computer hardware, operating system, networking, and database. GST support staff will assist you in identifying system problems as a function of maintenance support. However, if a problem is identified as a system administration responsibility, further assistance from GST support staff is billed at our then current hourly rates and terms. V. WARRANTIES (a) Limited Warranty for Services Any services being provided to the End User in accordance with the software maintenance program are offered on a best - efforts basis only, GST may not be able to resolve every service request made. Although GST will attempt to provide some guidance and direction, GST is not responsible for resolving issues related to networks, operating systems, back, end databases or hardware. It is the End User's responsibility to keep adequate data backups. GST will not be responsible for any lost data. ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. VI. LIMITATION OF LIABILITY The End User's sole and exclusive remedies for any damage or loss in any way connected with any software or services furnished by CST, after acceptance of the GST software system, whether by CST's breach of warranty, negligence, or any other breach of any other duty, shall be, at GST option, replacement of the software or re-performance of service or rehtm or credit of an appropriate portion of any payments made, or to be made, to GST with respect to such software or services. Under no circumstances shall GST be liable to you or any other person for any special, incidental, indirect or consequential damages of any character, including, without limitation, damages for loss of good will, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if GST has been advised of the possibility of such potential loss or damage. VILCHOICE OP LAW Interpretation of this Agreement shall be governed by the laws of the State of California. VIII. STATUTE OF LIMITATIONS No action or claim relating to or arising out of the software annual maintenance program may be instituted more than one (1) year after the event giving rise to such action or claim. 25H -13 E3, MIT B -Quote 25H -14 ('GST GeoSpatlal Technologies, Inc. Quote for Santa Ana Police Department 10055 Slater Ave., Suite 214 Fountaln Valley, GA92708 Phone: (714) 861 -7033 Fax: (714) 861-7032 1011 n17014 9T Public Safety System GIST Part Number I Description QTYI Unit Price I Amaujit AMF covering 1211612014- 1211812015 Original Agreement A- 2008.332 dated 12/1612008 Service SVSW -AMF Software Annual Maintenance Fee for City of Santa Ana Police Department on the following Software Licenses 1 $ 20.898.00 $ 20,898.00 1. GST Tracker Server AVL Software License 2. GST Viewer AVL Software Site License 3. GST Mapper MDC AVL Software Site License 4. GSTInterOp Bridge AVL Software License 5. GST Wireless Host ServerAVL Software License (up to 200 vehicles Annual Malntenence Fee Total $ 20,898.00 Grand Total (AMF and Service ) $ 20,898.00 Notes: 1 AMF paid client is entitled to technical support through small and telephone (M -F, 9:00AM -e;OOPM, PST), bug fixes and free software upgrades through the year, and disocunts for GST's training programs and customttatlon. 2 Price stated above Is good for ninety (90) days from the date of this quotation. 3 Payment Terms: AMF payment Is due prior to the rommencoment date of each 12 -month period. 25H -15 ILAsaw CERTIFICATE OF LIABILITY INSURANCE °AT NYYq nAl7t/711 \A -amil"OAm HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: n the certificate holder is an ADDITIONAL INSUREDSUBROGATION , the poncy(les) must be endorsed. If SUBRO 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 Ilan of Ruch andareamanMel CS &S/NEW CENTURY INS SERVICES INC. PO BOX 946580 Maitland, FL 32794.6660 1- 877. 724.2669 B: GEOSPATIAL TECHNOLOGIES, INC. 10055 SLATER AVENUE, SUITE 214 FOUNTAIN VALLEY, CA 92708 �rvry rvMmocn: THIS IS TO CERTIFY THAT THE POLICES CR INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 7HE INSURED NAMED ABOVE FOR ­­THE PEHJOU INDICATED. NOTWRHSTANDINGANY RECUIREMEWr, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESIDRDED HEREIN !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOIP.ONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS, LTwBR A TYPE OFINSUAANO! wsn yD POW" NUMBER POLCY EFF .IDONY POLICY EXP MMIT& A GENERALLIABILRY Y 4029432517 06/01/14 06/01/15 ' EACH OCCJAFtaCE 1000000 COMMERC AL GENERAL LIABILITY ® PO fu9TO RM, �' A 300 000 MID EXF' (APY M MAW s 10 000 CLMMS-MADE OCCUR PERSONA. &ADY INJURY $ 000000 GENERAL AGGREGATE S 2 000 000 GENL AGGREGATE POL CV LIMIT APPLIES PER Pfla X ! PHOOUCTS- COMPADPAGG $ 2000000 A AUTOMOBILE UABILITY 4029432517 06/01/14 06/01/15 'rnMe1 LE LIMn I, axlaanp 1,000,000 JHIREDAUrC3 ANY AUTO ALL OftGO SCHEDULED ALnCO AUTOS BODILY INJURVIPM Garran) $ BODILY IWURY(PM aOdaMM) NONCM W AUTOS PROPERTY DAtMGE PR MINTy.Q $ B XUM BRELLA LIAR X OCCUR 4029432490 06/01/14 06/01/15 EACH OCCURRENCE IS 1 OOO 000 E %CESS CLAIM3MAOE AGGREGATE S t 000 OOO _ ED RETEWONI tO OOO WGRKERB COMPENBATION AND EMPLOYERS' UABIL TY YIN ANYPROPI119ORPARTNEWEXECUTIYE OFRCERAtENBEnEXCWDE01 (Wnaa1MY Y, NH) It ya, Daan.� UMM N/A A a� /1a PRO r� A �+ •r r, GD I'AJ ! O I' (� `,a ECM TORY LINTS ER �^ E. L. EACH ACCIDENT -- 5 EL.OLSEASE- EASMPLOYM $ DESCRIPTION OF OPERATIONS babx E.L. g92A8E•POMCY LMR It OTHEFt 1, urn A. Rossi TCRV LI ITS ER Senior A is ant City torney EL EACH ACCIDENT E.LDISEASE•EAELWLOYEE $ EL.MSEASE• POUCYLMR RI I A tae A00r4 10 A Wh one alnazka CNaOU a, mDn apnea a rasa r Certificate Holder and It's officers, employees, agents, volunteers & representatives. Named as Additional Insured - Owners, Lessees or Contractors. Insurance Is primary & non - contributory. Per SB147082 -0 CERTIFICATE HnInFR City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC Center Plata ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 Rom -- -- ; ACORD 25 (2010105) The ACCRD name and logo are registered marks of ACORD 25H -16 Acorro CERTIFICATE OF LIABILITY INSURANCE 01/1012014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EMNO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the poficy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsomontfs). -R DUCFR Pwne: 6211- 955dNfl Far' (828) 856-0019 KCAL INSURANCE AGENCY 2048 S. HACIENDA BLVD. CeNrACi Emery Lee fy1O^E .628- BS5.8288 �P"X (628) 655.0979 Irg• v. jseSeeaL LMpurY COMMERCIAL GENERAL DASIUTY 'CLAIMS -MADE 7OCCUR HACIENDA HEIGHTS, CA 91745 INSURER(S) AFFORDING COVERAGE I HAIC a Agency Unk 0807015 ms qA ; HARTFORD NTH PREMME91ERxcwe ASURED GEOSPATIAL TECHNOLOGIES, INC. NauRERO E 10055 SLATER AVE., STEA214 FOUNTAIN VALLEY CA 92708 -- HBVRER 0: GENERALAGGREGATE S GERL AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT N &IaFAE ' ; NSUPERF COVERAGES CERTiFiCA1CNUmCERi 18441 It"IRIrTN hill" App. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSLED TO THE INSLREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTI'ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXC' USIONS AND CONDITIONS OF SUCH POLICIES. LIMIT SHOWN MAY HAVE BEEN REDUCED BY PAI CLAIMS. INaR TYPE OF INSURANCE AUDI Aen POLICY xUMBE0. P�� TO POItM roL'OY exP uMrts jseSeeaL LMpurY COMMERCIAL GENERAL DASIUTY 'CLAIMS -MADE 7OCCUR j I ! APPROVED A EACH OCCURRENCE ; NTH PREMME91ERxcwe E �MEO. EXP (Any one persenl E PERSONAL 4 ADV INJURY E GENERALAGGREGATE S GERL AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT PRODUCTS - COMB +OP AGO ' ; 4 AUTOMOBILE LM.eILIN ALI. SGHEOULEU AUTOS AUTOS HIRED AUTOS NO CYNEO AUTOS Lama A. Senior Assistant Gssini City Att me V ✓ COMSNEO SINGLE MMR fees -n DocILVINJLRYcPEaaaR,)''.; BOCILY INJURY (Pm acdden0 $ Rtt M" E E uaeeFlu UAe ace aJ I OCCUR ;AGGREGATE EPCX OCCURRENCE ; 3 OCD RETENTIONS ; A woetn'" .0 9MIM1AYeRs. uaem R AYY PROrNErOmPA11TNER2tELUTrve OFRdHBMFHa j excLUOm+ (r"deary MNNI Owen ;PrpHOF OPERAnWSeNex NIA 72WECEV7186 i 01122114 122/15 - '.EL xGST -- 9 vACFI ACCIDENT 8 1,000,000 E.L CIEEASE EA EMPLOYEE S 1,000,000 E.L. CISEASE.POLIGY LIMIT IS 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUsch ACORD 101, A6dlaenel Remarks Schadel0, a more epees b rsqulred) N City Of Santa Ana 20 CIVIC Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attention: AI REED W%iESENTA"IVE ACORD 25 (2010105) W 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 25H -17 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company CNA /National Fire Insurahce of Hartford This endorsement modifies such insurance as is afforded by the provisions of Policy #4029432517 relating to the following: I. 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 Ann, 20 Civic Center Plaza, Santa Ana, California 92701, (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 06/01/14 this endorsement form as a pan of Policy# 4029432517 Issued to Geosoatial Technologies Inc Named Insured Countersigned by i Authorized Representative APPROVED AS TO FORM 4 Laura A. Rossini Senior Assistant City Attorney 25H -18