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HomeMy WebLinkAboutSIEMENS INDUSTRY, INC. (2) - 2015IND CL ~ DATE A-20f5~114 CIVIQ CENTER VIDEO MAINTENANCE AGREEME THIS CIVIC CENTER VIDEO MAINTENANCE AGREEMENT h; made and entered into this 1at day w June, 2816by and between E;)eman'm Industry, |nu,a Delaware corporation, (hereinafter /ConuU|tunt''). and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State 0f California (hereinafter "Clty^). RECITALS A, The City desires \o retain a consultant having knowledge in the field Vfvideo maintenance, providing extended warranty for video equipment, and video equipment ��~~~ cleaning services for the Civic Center video monitoring system, �«0 B, Consultant represents that Consultant is able and willing to provide such services (o the City, , ] \~ ~~' C. In nd the performance of this Agreement. Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as foflows� I SCOPE OF SERVICES Consultant shall perform those services ao set forth in Exhibit Ab/ this Agreement which will include generally software maintenance, extended warranty repair and replacement coverage, preventative maintenance and equipment cleaning services. 2. COMPENSATION m. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified In Exhibit A. The total sum to be expended under this Agreement shall not exceed one hundred and seventy-four thousand nine hundred and fourteen dollars ($174,914.00) during the term of this Agreement. b� Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures, Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected byCity, 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2016, unless terminated earlier in accordance with Section 15, below. The(Agreement includes two (2) one (1) year options to renew exercisable upon mutual agreement of the parties, The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term cfthis Agreement, ba construed tnbeoAindependent contractor and not on employee nf the City. This Agreement |u not intended nor shall itbaconstrued to create anen1p|o*or-erop|uyoo relationship, a joint venture relationship, nrtn allow the City Lnexercise discretion or control over the professional manner in which Consultant performs the services which are Provided in a manner consistent with all applicable standards and regulations governing such services, Consultant 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. 51 OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans; specifications, studies, drawings, estimates, and other documents or works of authorship' fixed In any tangible medium of expression, including but not limited to; physical drawings or data magnetically or otherwise recorded on computer diskettes which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data") Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and Perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City, City shall not be limited In any way in its use of the Documents and Data at any time, provided that ity. y such use not within the purposes intended by this Agreement shall be at City's sots risk. 61 INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Consultant shall maintain 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 Consultant'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, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional Insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement, b. Business automobile liability Insurance, or equivalentform, with a combined single limit Of not less titan $1,000,000 per occurrence Such insurance shall include coverage for owned, hired and non -awned automobiles, c. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees is required to be insured against liability for worker's compensation onto undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant 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 with $2,00G,000 in the aggregate, e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (!I) Certificates of insurance shall be furnished to the City upon execution Of this Agreement and shall be approved by the City, (III) Certificates arid 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. if Consultant falls or refuses to produce or maintain the insurance required by this section or falls 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 affect Consultant's right to be paid for its time and materials expended prior to notification of termination, Consultant waives the right to receive compensation and agrees to Indemnify the City for any work Performed prior to approval of insurance by the City. zM3ZMz= Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 Consultant or Its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described In section I of this Agreement; and (2) from any claim that Personal injury, damages - j ust 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 events referred to in this Section or by reason of the terms of, or effect$, arising from this Agreement, The Consultant 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 selected 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 ail reasonable decisions with respect to its representation In any legal proceeding, Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, Its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement, 9. RECORDS Consultant shall keep records and invoices in connection with the work to be Performed under this Agreement, Consultant shall maintain complete and accurate records with respect to the costs Incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer Period required by law, from the date of fine] payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow 8 representative of the City to examine, audit, and make transcripts or copies Of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement, 10, CONFIDENTIALITY If Consultant receives from the City information which due t the nature of such informaton is reasonably understood to be confidential and/or proprietary, Consulo tant agrees that It shall not uise 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 care, "Confidential Information" shall include all nonpublic information. Confidential information includes net only written Information, but also Information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary andlor 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (0) is independently developed by the Consultant without reference to information disclosed by the City, CONFLICT OF INTEREST CLAUSE Consultant 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. NOTICE Any notice, tender, demand, delivery, or other communication Pursuant to this Agreement shall be in writing and shall be deemed to be property given If delivered in person Or mailed by first class or certified mail, Postage prepaid, or sent by fax 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-0, Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-96) P. O. Box 1988 Santa Ana, California 92702 Fax 714- 245-8007 And To Consultant: City Attorney City of Santa Ana 20 Civic Center Plaza ('M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Siemens industry, Inc, 10775 Business Canter Drive Cypress, CA 90630 Fax (619) 252'1306 Michael,Dletsch siemens.cam A Party may change its address by giving notice in writing to the other party, Thereafter, any communication snail be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (8) days after R has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, if sent by fax, 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 facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal state, County or City holidays shall be excluded. 13, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and ail other agreements, oral or written, between the parties, In the event of a canflicf between the terms of this Agreement and any attachments hereto, the terms of this Agreement shah prevail. TIt Agraamant may not be modified except by written instrument signed by the City and by an urchanzad representative of Consultant, The Parties agree that any terms or conditions coany purchase order or other 0 trument that are inconsistent with, or in addition to, She terms and conditio s hereof, shall not bind ar obligate Consultant or 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 any party, which are not embodied herein, 14. ASSIGNMENT Inasmuch as this Agreement Is intended to secure the specialized services of Consultant, Consultant 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 consultants retained by City. 16, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions a. As a condition of such payment, the Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City *ille$$prohibited by law, and Consultant consents mthe City's use thereof for such Purposes um the City deems appropriate. D. Payment need not be made for work which falls to meet the standard of performance specified in the Recitals of this Agreement, i$. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recilultment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 17^ JURISDICTION `VENUE This Agreement has been executed and delivered In the State of California the validity, interpretation, pe#nrrnanme`and enforcement o[ any of the clauses nf this Agreement �'~a||bm debarminadund e0by/he|NW/s nf UhmGVainurCu||[ornim.QVth Aipo0/r|bo'^~'e that Orange C�n�.(�|��a.n�|/��a��o�/�ya��������`—����^�°��ueou��M oun8achDnvMtho,byre$aunofthisAo/en�\eML -~��� "m'°" ' 18. PROFESSIONAL LICENSES Consultant shall, throughout the term n[ this Agreement, maintain all necessary esmo/ylicenses, permits, approvals, waivers, and exemptions AwceuNof0r the provision of the services hereunder aA d rm4uioadhythe|mwsand / gV|a0oUau, the United States, the S �u�o V�Ca||fb�nia' thoOtyo��wn�aAna andaUothorgovorn^enta|wQan u agencies. Consultant | notify the City Immediately and in writing 8f Its inability ¢ obtain nr maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination oV this Agreement, 19, CERTIFICATIONS The funds used to pay for this Agreement will be comprised of federal grant funds and the following certifications are required in compliance with federal grant funding rules. 8. h respect to all matters covered by this agreement all records shall bemade available for audit and inspection by MWDOC, ihegr¢U[uV8n ,' and/or their ir 6U|yautb8hzed|epreReqtat|V03bzrapeh8dofLh[ee (n) yeur S from the termination of this Agreement. For 8 period 0fthree years after final delivery to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachmehts hereto, For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon r , equest during usual working hours, b. Recipient shall provide to City all records and information requested byCdvfor inclusion in quarterly rgp9�8and such other Pep0dSAr records e$ City may b8 required ` to provide h) the agency from which City received grant funds vrother ' persons 8ragencies. C. Seotion--504 of the Rehabilitation Act --iRZLfflAQqi9� ~ All recipients nf Act). Therefore, the funds recipient pursuant tu the reqV�#meRls0fThe o hereby assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance, The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans, 8b Di§sabilitios Act of 1990 (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - Hone of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise to violation of the provisions of the "Hatch Aot ", �Jvn r<w11iz5 uvmwiance ang Notification of Findings - Recipient will comply; and all its contractors (or subrecipients) will comply; with the nondiscrimination requirements of the Omnibus Grime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Lyon- Discrimination Regulations, 28 CFR Part 42, Subparts G D; E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39, in the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to MWDOC which will, in turn, submit the findings to the Offica of Civil Rights, Office of Justice Programs, U.S, Department of Justice. Recipient 9. with all requirements of th© Executipvl a e Order11246 of Septembers 24, 1965, entitled "Equal Employment Opportunity;" as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h, Recipient will comply, and all its contractors (or subrocipients) will comply, with all requirements of the Copeland "Anti - Kickback' Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3), as applicable. I. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 2na to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. J- Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.G. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable, k. Recipient will comply, and all Its contractors (or subreciplents) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U S.C, 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable, |. Recipient will comply, and all its contractors (or sUbra*ci ieDto)vViUA$n1D|y/wKh all requirements of the Energy Policy and Conservation 8BS(at &71\'(53 FR8D70.8Q87.&18r.11.1Q88'@sannondedat00 FIR 1988Q�.18O45,Apc 19'1995).aA � � M. Recipient agrees that the Department of Homeland Security shall have the authority k] seek patent rights for any process, product, invention Or discovery d8VOk�edand puidfOr~/ithfV0d|ogLhruVQ|�thisAQreenl0nL � U. Recipient may copyright any books, publications 0r other copyTighbob|ematerials developed in the course ufUr under this Agreement H0a0u8r, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to alAhorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant, The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. 20 MISCELLANEOUS PROVISIONS m. Each undersigned authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and allorney's fees, for any injuries or damages to City in the event that such authority or power is not, In fact, held by tne signatory or, Is withdrawn. b All Exhibits referenced herein and attached hereto shall bo incorporated au|f fully set forth |n the body cf this Agreement, IN WITNESS WHEREOF. the parties hereto have executed this Agreement the date and year first above written, ATTEST: ` MARIA D. Clerk of the Council APPROVED AGTOFORK SUNK\R� ' �HO City Attorney By:u w� Laura A,Rossini Senior Assistant City Attorney CITY NTA ANA ` ~AV— ~`~A~'~~ City Manager � RECOMMENDED FOR APPROVAL: �- Carlos Ro]as �=�- p Chief of Police SIEMEN'S INDUSTRY, INC. Eric Ackerman Area Fire Safety & Security Manager Tax ID# [Signatures for Civic Center Video Maintenance Agreement] q3- T�4A4,n gooeNOUM t AITACHEN HERET015 {NC9RP9RATE0 N[ -qBN ANO MANE A ° °°^ PART NEREaF BY THIS REFERENCE Addendum 1 to Civic Center Video Maintenance Agreement ( "Agreement') between City of Santa Ana ( "City ") and Siemens Industry, ,Inc., Building Technologies Division ( "Consultant') Dated: July 8, 2015 City and Consultant agree to modify the Terms and Conditions as follows, where the Terms and Conditions of the Agreement conflict with or differ from the Terms and Conditions of this Addendum, the provisions of this Addendum will control, and notwithstanding anything herein to the contrary, no reference to or incorporation of any contract, specification or document other than the Agreement and this Addendum shall grant rights to or impose any obligations upon either party relative to warranty, indemnity, insurance, delay, liquidated damages, payment or rights to drawings, computer code or other proprietary information: 5. OWNERSHIP OF MATERIALS is hereby amended as follows: "...to copy, use, modify, reuse, or sublicense..." and by adding the following: "Consultam shall retain ownership of all of its pre- existing intellectual property ( "Seller Intellectual Property"), including any Seller Intellectual PropertN that has been incorporated into work that is deliverable to Citv ('Deliverables "). Further, nothing contained in this Agreement shall be interpreted or construed to convey to City the pre- existing intellectual property rights of any third party incorporated into the Deliverables or Seller Intellectual Property rights." 6. INSURANCE is hereby amended as follows: "e. (iii) ... not be canceled rr�a�� material aspec without thirty (30)..." and by deleting the last sentence in sub- section f. in its entirety. 20. MISCELLANEOUS PROVISIONS is hereby amended by adding the following: "c. Anything herein notwithstanding, in no event shall either City or Consultant be liable to the other party for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages." The parties agree that this Addendum modifies the Agreement between the parties dated June 1, 2015 and is incorporated therein by this reference. City: ( By: Name: MUST' ARIAD. HUIZAR� CLERK OF THE COUNCIL City of Santa Ana AEMA- ZO801Z Consultant: Siemens SS'iemens(Industry, /Inc. By: t 9-- Name: t ; r I L .�1GW� -t' �naanws i>F wwa..n'+�ve^ LE Name: Exhibit A Statement of Work and Proposal Michael Dietsch SIEMENS E11torp6se Account Executive southern California May 20, 2015 City Of Santa Ana 20 Civic Center Plaza (M-30) P.0, Box 1988 Santa Ana, California 92702.1988 Reference: City of Santa Ana Security and Surveil [an ce Maintenance Sery Ices Agreement (June 1, 2015 through May 31, 2016) 1. Siemens shall provide the extension of its Maintenance, Monitoring, Repair and Support Services (Siemens Service Program), at the City of Santa Ana, per this scope of services document, 2. Term shall commence on June l, 2015 and expire on May 31; 2016. 1 Services agreement shall provide Software Maintenance Agreements for the following owg a, Milestone XProtect Software Upgrade Program (SUP) b Suireview ImmxSoftware Annual Support and Maintenance (ASM) c, Hiptuwall Software Maintenance Agreement (SMA) 4, Services agreement shall provide extended warranty "repair anti replacement" coverage for the following systems and components: a, Milestone XProtect system I. Servers (2) b. Hiperwall Video Wall i, Servers Workstations (5) Network switches (2) iv, Monitors (10) C. SUreview Jmmx I, Server d. Cameras (105 total cameras) e. Power Supplies f. Encoders 9. Siemens supplied network switches k Cisco ii. HP h. Communication Radios 1. Ubiquiti ii. Bridg,ewave i, All connections and misc cabling provided by Siemens. SOW Page 11 SIEMENS Michael Uletsch Enterprise Account Executive Southern California S. Services agreement shall provide preventative maintenance services on a quarterly basis for the following systems: a. Test and Inspection i, Cameras ii, Encoders iii. Radios iv. Antennas v. Power Supplies vi. Network Equipment vii: Servers b, Cleaning J, Cameras (105) il. Power Supplies iii. Antennas Preventative Maintenance (test and inspect): Siemens shall provide quarterly inspections and testing on all covered equipment. Based on any abnormal findings, Siemens technicians will be authorized to replace parts or alter settings and programming to optimize the systems. All findings shall be provided in a quarterly report to the client. Siemens shall maintain quarterly reports, as part of client services program portfolio. Siemens will provide all system software updates, as part of annual preventative maintenance visits, All software updates are provided at no additional Cost, with the valid software maintenance programs (included in this program). All items included in this service shall be clearly delineated in the scope of work document. Extended Warranty (Repair and Replace): Siemens shall provide added warranty coverage for the identified components of the client; system. Repair and replacement of worn, failed and malfunctioned equipment will be provided during normal business hours, with next day service response coverage times. Should the component be of critical or of an emergency nature, Siemens shall provide 4 hour response in diagnosing of issue and beginning of repair process, Siemens may provide temporary replacement from backstock, if available. Siemens does not include back-stock equipment as part of this service, All afterhouts and weekend services are covered under this agreement, when required. Siemens reserves the right to determine between emergency and urgent request nature of all calls, under this agreement. Systems Integrity! Compliance Monitoring and Diagnostic Reporting: Siemens to provide real - time 2417 monitoring of system components (servers and storage, core network and edge network components), Health monitoring of system is critical to the maintenance of State mandated archiving requirements. Siemens utilizes network- monitoring to maintain reliability, uptirre, optimized configurations of hardware and software, and for diagnostic reporting that reduces life cycle costs to the system. Video Archiving Warranty: Siemens to provide required storage for Inaintaintng compliance with California Government Code 340946. Increase in storage will be managed by SiernOns on project by project basis Diagnostic Reporting will provide data reports in support of storage calculations an quarterly basis and will be presented to SAPD system manager, SOW Page 12 �I► michad Memo Eoteryrlse Account Executive Southern CalifornI8 • Siemens pricing assturies execution of preventative maintenance and cleaning services to be performed during normal business hours. • Siemens excludes all equipment not supplied and lnstalledby Siemens, unless explicitly stated in this scope of work. Such items may include (but inot limited to) Cisco Network Switches provided by others, Promise storage arrays, servers and workstations not included in coverage material list, Siemens has extended warranty on Siemens supplied equipment. • Siemens'] ntegrityl Compliance Monitoring and Diagnostic Reporting service is provided utilizing Siemens 'cloud -based services. All software and hardware is maintained by Siemens. • Siemens excludes all foliage control, as maybe required for radio communication, • All permits and submittals to city, or local AHJ, are by others and excluded from this scope of work. • Siemens maintains HP OEM Partner status, Milestone Platinum Partner status and Cisco Gold Certified status, Service and maintenance is executed by appropriately trained service engineers. • Storage Expansion Equipment per Siemens Proposal# 052215- 09434- 0278. • Siemens requires signed agreement or acceptable client Purchase Order, prior to all work commencement, including Parts acquisition or project mobilization. Ynvestmept Samtna Fg, Base Selvices Prugrarn (expiring May 31, 20x5); $ 66,360.00 Services Escalation (4%)i $2;654,00 New Services and Coverage: $ 105,900.00 F[iperwatl Software.MalntenanceA�greement,, $1 Xiperwall ecluipmentwarranty (repuft, $ repfaeeJ: :$ 4,300:$0 QAY 0.00 Surevlew SMA (includes incised coverage from Nov 2010; $16,100.00 Milestone SUP increases, si,m oo S10mens Program Managnnent and Covet-age Epans (an: $4149gop Storage Expansion Hardware and ServCces: $64,000.00 City of Santa Ana Security and Surveillance Maintenance Serviees Agreement (June 1, 2015 through May 31, 2016)........ ... ___ ....., ........:$ 17 4,914,00 SOW Page 13 Exhibit 6 Sample Additional Insured Endorsement ADDITIONAL INSURED ENDORQBMEmT FOR COMMERCIAL GENERAL UAD|QTYPOuCY Insurance Company This endorsement modifies such insurance anio afforded bythe provisions u[Pvicy# relating tu the following: 1 The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are narred 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 NahW{ o[ the named insured, such insurance a,m afforded oy this policy m primary n not additional tvw. contributing with any other Insurance carried by or for the benefit of the additional insureds. 3. TNinsmranceuppUoaseparately to each insured against whom claim is made msuit is brought except with respect to the sumpcoyt limits ofliability. The inclusion person or organization emooInsured shall not affect any right which such person Or organization would have yme claimant |f not soincluded. 4. With respect tu the additional insureds, this insurance shall not be cancelled, or materially reduced iU coverage or limits except after thirty days writlen notice has been given tothe City ny Santa Ana, 2V Civic Center Plaza, Santa Ana, California 82T81, (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form asapart of Policy # Issued to Named Insured Countersigned by,­­ Authorized Representative Ate' /�R�'�� CERTIFICATE OF LIABILITY INSURANCE DATE 12014 M/YY) 0912912014 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, 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: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must he endorsed. 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 endorsemen! s . PRODUCER MARSH USA, INC. 445500TH STREET CONTA T NAME' PAHONE E. ac No; E.p Aless: MORRISTOWN, NJ 07050.8454 INSURERS AFFORDING COVERAGE NAIC k GLD1110106 INSURER A; HDI-Gerling America Insurance Company 41343 100120.5- 7BA- $BTI.I4115 510 Watson NOC60 INSURED SIEMENS INDUSTRY, INC INCLUDING . BUILDING TECHNOLOGIES DIVISION INSURER 8: The Travelers Indemnity Company 25658 INSURER D; The Charier Oak Fire Insurance Company 25815 INSURER 0: Twelsrs Property Casually Co. of Amarioa 25674 1006 DEERFIELD PARKWAY BUFFALO GROVE, IL 60060.4513 MED EXP (Any one arson) $ 100,000 INSURER E $ 1,600,000 INSURER F: COVERAGES CERTIFICATE NUMBER: NY00006326533.10 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OFINSBRANCE Jum ADOLSUBR WVD POLICYNUMBER MM00 SEE MMLO�YEVY LIMITS A GENERAL LIAeP.ITY GLD1110106 1010112014 10101/2015 EACH OCCURRENCE $ 1,000,000 REMISES Ea occur coca $ 1,OD0,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR MED EXP (Any one arson) $ 100,000 PERSONAL &ADV INJURY $ 1,600,000 GENERALAGGREG41E $ 10,000,000 GERL AGGREGATE LIMIT APPLIES PER; PRODUCTS- COMPIOP AGO $ INCL X POLICY PRO- LOC $ D AUTOMOBILE LIABILITY TC2JCAP7440L34A14 10/0112014 1010112015 EaaBI EDCSINGLE LIMIT 2,000,000 BODILY INJURY (Per person) $ NIA X ANY AUTO g ALL OWNED SCHEDULED BODILY INJURY (Par accident) $ NIA X IIREOD AUTOS X AUTOS (Par Per aoaldenl An AGE $ N/A S A X UMBRELLA MAB X OCCUR CUD1110206 10/01/2014 10/0112015 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ C WORKERS COMPENSATION TC20UB7440L27114 (ADS) 10101120'14 10101/2015 WC STATU• OTH- B D AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YIN pPPICER /MF.MRER F.XCLUOED4 (Mandatary In NH) NIA TRKUB7440L28314(AZ, MA, OR &WI) TWXJUB7440L33814 (OH &VJA) 10/0112014 1010112014 10!01/2015 1010112015 E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE EA EMPLOYEE $ 1,000,000 S yea, desonba undar DESCRIPTION OF OPERATIONS below " "'$500K LIMIT/ $500K SIR ' EL, bISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONSI LOCATIONSI VEHICLES (Attach ACORD 101, Additional Re marks Schedule, fmore space is required) r �. RE: JOB N0. NIA .t SEE ATTACHED y ""- -•• III ell CERTIFICATE HOLDER CANCELLATION ), I CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: PURCHASING DEPT, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTAANA, CA 627014010 AUTIIORIZED REPRESENTATIVE of Marsh USA Inc. Manashl Mukherjeo ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACR W 11.. . AGENCY CUSTOMER ID: 100129 LOC 9: Morristown ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. SIEMENS INDUSTRY, INC. INCLUDING BUILDING TECHNOLOGIES DIVISION 1000 DEERFIELD PARKWAY POLICY NUMDER BUFFALO GROVE, IL 600894519 CARRIER NAIL CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE JOB NO. WA THE CITY OF SANTAANA, ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABIL1 Y AND AUTOMOBILE LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND NON - CONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS INDUSTRY, INC, OR ITS SUBCONTRACTORS WITH RESPECT TO ALL OPERATIONS OF THE INSURED BUT ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE NAMED INSURED, SIEMENS INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE. POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON- PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION GRAS REQUIRED BY WRITTEN CONTRACT,'NHICHEVER IS LESS, ACORD 101 (2008101) The ACORD name and logo are registered marks of ACORD HOI.GERLING AMERICAiNSURANCE COMPANY MANiJSCRIPT END I ORS . E I MENT*64 polfcYN.u.m.,ber Named Inspred LID, 1 . 01-06� � .% Sl N1ENS -, : � . 1 1 ON - I t- 01 '2 D 14 fq-01-2015 Ma&ndoisemehithangas MaF 01fcy; Kbase,Readffcarefufly I 1Msb1r,ranc0r6vli6ad 6riclvthe fbllb'wng"' do' n,i"cf�l &M i;a Li I It qt Authorized R8presehtatl�e All terms wd cQnificjn,$v,th8 pbllcy remain uric h8ngpd THIS - iNDORSEME . NIT , MU 4 ST B , E ., ATTACHED . .1 TO CHANGE E 0 E 0 N is�uto p�, ktHk. pdLICy IS '?NKIT7E k Pag8lel- bf I A� °® CERTIFICATE OF LIABILITY INSURANCE D120120 /DDM Y) 1212112015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 7ijfl"; Pil,P _ @I },f,1 -1. tl "? IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.- 1 SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an en�o �( ent. men A statet on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). (, r1 �.w PRODUCER MARSH USA, INC. 445 SOUTH STREET - PHONE FAX E AIC No AEMAIL ADORES$ MORRISTOWN, NJ 07960- 6454 INSURERS AFFORDING COVERAGE NAIC# INSURER A: HDI- Gerling America Insurance Company 41343 100129- 6- 7BA -SBT1 -15116 610 ROLLIN NOC60 INSURED SIEMENS INDUSTRY, INC. BUILDING TECHNOLOGIES INSURER B : The Travelem Indemnity Company 25658 INSURER C:Travelers Property Casualty CO. of America 25674 INSURER D 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089 INSURER E: $ 1,000,000 INSURER F: MED EXP Any one person) COVERAGES CERTIFICATE NUMBER: NYC - 008306907 -01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIVYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLD1110107 10/01/2015 10101/2016 EACH OCCURRENCE $ 1,000,000 FvT CLAIMS -MADE OCCUR DAMA ET RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP Any one person) $ 100,000 PERSONAL B ADV INJURY $ 1,000,000 LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 GEN'LAGGREGATE X PRO. [:] LOG POLICY ❑ ECT PRODUCTS - COMP /OP AGG $ INCL $ OTHER: C AUTOMOBILE LIABILITY TC2JCAP7440134A15 1010112015 10101/2616 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ N/A X ANY AUTO X ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Par accident) $ N/A X HIRED AUTOS X AUTOS WNED Pena cdent DAMAGE $ N/A UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ C B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICER/MEMBER EXCLUDED ?ECUTIVE (Mandatory in NH) N/A TC2JUB7440127115(AOS) TRKUB7440L28315 AZ, MA, OR ( I TWXJUB7440L33815 (OH 10/01/2015 10/01I2015 10/0112015 10/01/2016 10I01/2016 1010112016 X STATUTE OERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below " "'$500K LIMIT / $500K SIR " "' E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more��sppa eJ' ,cgq�Ire IVlb TO RE: AEMA- S20J5U CITY OF SANTA ANA DOWNTOWN SAFETY PROGRAM AND DETENTION CENTER ApPI Z B 9' AS ppFOR SEE ATTACHED ., 14 _ Wvn�-- Laura A. Rossini Assistant City AttO>rney CERTIFICATE HOLDER CANCELLATION SANTA ANA POLICE DEPARTMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 60 CIVIC CENTER PLAZA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SANTA ANA, CA 92702 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherlee ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACS 1� AGENCY CUSTOMER ID: 1001 LOC #: Morristown ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED MARSH USA, INC. SIEMENS INDUSTRY, INC. BUILDING TECHNOLOGIES 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE, IL 60089 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE', AEMA- S20J5U CITY OF SANTA ANA DOWNTOWN SAFETY PROGRAM AND DETENTION CENTER SANTA ANA POLICE DEPARTMENT, CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND NON- CONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS INDUSTRY, INC, OR ITS SUBCONTRACTORS WITH RESPECT TO ALL OPERATIONS OF THE INSURED BUT ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE NAMED INSURED, SIEMENS INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT, THE OWNER AND CONTRACTOR WAIVE ALL RIGHTS AGAINST EACH OTHER AND ANY OTHER CONTRACTOR, SUBCONTRACTORS, SUB - SUBCONTRACTORS, AGENTS, AND EMPLOYEES, FOR DAMAGES OR INJURIES CAUSED BY PERILS TO THE EXTENT COVERED BY INSURANCE, EXCEPT SUCH RIGHTS AS THEY MAY HAVE TO PROCEEDS OF SUCH INSURANCE HELD BY THE OWNER AS A FIDUCIARY. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON- PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS, ACORD 101 (20081011 n 2008 ACORD CORPORATION_ All rinhfe raeerved The ACORD name and logo are registered marks of ACORD HCDI- GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT # 34 Policy Number GLD11101 -07 Named Insured SIEMENS CORPORATION Policy Period: Inception (M -D -Y) Expiration (M -D -Y) Effective Date and Time of Endorsement 10-01 -2015 10 -01 -2016 10 -01 -2015 12:01 am. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully, BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Who is an insured is amended to include as an insured any person whom you are required to add as an additional insured on this policy under a written agreement. The insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are required to provide to the additional insured person in the wntten agreement and shall not provide limits of insurance that exceed the lower of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in the written agreement. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent, or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the written agreement specifically requires that this insurance apply on a primary basis, this insurance is primary. If the written agreement specifically requires this insurance apply on a prim ary and non- contributory basis this insurance is primary to other insurance available to the additional insured and we will not share with that other insurance. This endorsement shall prevail over additional insured endorsements that may apply under this policy unless required otherwise in the written agreement. ',pnOVED AS TO FORM Authorized Representative . k, avtra A. Rossini >gont City Attorney All terms and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page POLICYNUMBER: GLD11101 -07 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The fallowing is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. Atorney CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ TRAVELERS JJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC UO 0313 (UU)_ POLICYNUMBER: TC2JUB- 799OL27 -I -25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM A WAIVER OF SUBROGATION IS REQUIRED BY CONTRACT OR AGREEMENT OR PERMIT, BUT COVERAGE IS LIMITED TO THE SCOPE OF THE WORK PERFORMED BY THE INSURED UNDER SUCH CONTRACT, AGREEMENT OR PERMIT. r,rovIED AS TO FORM DATE OF ISSUE: 09-14 -25 STASSIGN: POLICY NUMBER: TC2J- CAP- 744OL34A- TIL -15 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 5. Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced bythe following: 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident' or "loss", provided that the "accident" or 'loss" arises out of the operations contemplated by such contract. The waiver ap- plies only to the person or organization desig- nated in such contract. OVED AS TO rORM Laura A. Rossini Assistant City Attorney GA T8 40 08 08 CD 2008 The Travelers Companies, Inc. Page 1 of 1