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HomeMy WebLinkAboutA8310 - SIGNATURE TECHNOLOGIES, INC (COM-NET)CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Signatures: Insurance: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 6.13.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Maintenance Agreement Signature Technologies, Inc. dba Com-Net Software Robert Mayberry Robert.Mayberry@sita.aero Software maintenance for Flight Display System (FIDS). Increase of $38,304 (Original Contract Amount: $98,400) 7/29/2019 - 6/30/2025 (Extended for 1 year) Received Hanihar Subramanian - Email not provided Danielle Morton - Email not provided Aviation Ramon Sanchez / 3825 9/26/24 A8310 2 Yes Yes Yes Yes N/A No N/A N/A N/A N/A 10/02/24 Christina Brown Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 AMENDMENT NO. 2 TO THE MAINTENANCE AGREEMENT BETWEEN SIGNATURE TECHNOLOGIES, INC. DBA COM-NET SOFTWARE AND PALM SPRINGS INTERNATIONAL AIRPORT DATED: July 1, 2024 CONTRACT: MAINTENANCE AGREEMENT, between the City of Palm Springs/Palm Springs International Airport (hereinafter referred to as PSP), having a principal place of business at 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 and Signature Technologies, Inc. dba Com-Net Software (hereinafter referred to -aving its principal place of business at 3728 Benner Rd., Miamisburg, Ohio 45342. PSP and Com-Net RECITALS: WHEREAS, Com-Net is a SITA company and SITA will provide customer support under the Maintenance Agreement; and WHEREAS, Com- nce and on-going software services for all Com-Net Flight Information Display Systems (FIDS) software at the Palm Springs International Airport for an amount not to exceed $24,600 for a term of one year. WHEREAS, on May 27, 2020, Com-Net and PSP entered into an Amendment No. 1 to the Agreement to amend the support provisions, and to extend the term of the agreement for a one-year period and to allow the Agreement to renew automatically each year on the anniversary on the term date for an increase of compensation by $24,600 for a new not to exceed amount of $49,200. WHEREAS, the Agreement automatically renewed for a third year for an increase of compensation of $24,600 for new not to exceed amount of $73,800. WHEREAS, the Agreement automatically renewed for a fourth year for an increase of compensation of $24,600 for new not to exceed amount of $98,400. Com-Net and PSP desire to amend the Agreement to reflect a name change, to retroactively remove the yearly automatic renewal of the Agreement as June 30, 2024, and extend the term for one year for July 1, 2024 to June 30, 2025, and to increase compensation. NOW THEREFORE, the above-mentioned Maintenance Agreement is hereby amended to be reflective of the following: TERMS: Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 1. Name Change. The Agreement is hereby amended to reflect that the name of Palm Springs International Airport is changed to City of Palm Springs. All 2. Section 2.0 Term. Section 2.0 of the Agreement is hereby amended to include the following language: June, 30, 2025, the term of the Agreement shall continue on a month-to-month basis unless either Party provides wr 3. Section 2.2 Term. Section 2.2 is removed in its entirety from the Agreement. 4. Section 4.2 Software Releases and Upgrades. of the Agreement , attached hereto to this Amendment and incorporated herein by this reference. 5. Section 8.0 - Pricing of Service. Section 8.0 of the Agreement is hereby amended in its entirety to read as follows: -Net will require the City of Palm Springs to issue a Purchase Order. Com-Net will charge the City of Palm Springs a monthly fee of Three Thousand One Hundred and Ninety-Two Dollars ($3,192) for Flight Data, the Software Maintenance and on- going Software Services as outlined within this Agreement for an increased compensation of not to exceed $38,304 for the anticipated one-year term for a new contract total not-to-exceed amount of $136,704. The recurring fee will include Help Desk, Software Support, and software version point releases necessary for the day- to-day operation of the Palms Springs International Airport FIDS system. 6. Section 9.2 Termination. Section 9.2.1 is hereby amended in its entirety to read as follows: (30) days prior written notice to Com-Net. Where termination is due to the fault of Com-Net and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Com-Net shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Com-Net shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Com-Net shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Com- Net's deficiencies and charge the cost thereof to Com-Net, who shall be liable for the reasonable cost of the City's corrective action. Com-Net may not terminate this Agreement except Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 This Amendment forms part of said Agreement. All other Terms and Conditions of the Agreement not modified by this Amendment remain unchanged. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SIGNATURE TECHNOLOGIES, INC. DBA COM-NET SOFTWARE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. SIGNATURE TECHNOLOGIES, INC DBA COM-NET SOFTWARE: By: _______________________________________By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date:Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 9/26/24 Item No. APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager over $50,000 Deputy/Assistant City Manager up to $50,000 Director up to $25,000 Manager up to $5,000 1I Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 10/3/2024 Standard Software Price List Maintenance and Services For Palm Springs International Airport July 1, 2024 December 31, 2024 APV Software Maintenance Description Quantity Monthly Charge AirportVision 7.4 Modules 1 $3,192.00 - Display - Connect (IED Interface) - Failover - Webfeed Media Manager Core Help Desk Support View licenses 36 OAG Flight Data 1 Total Monthly Price (USD) $3,192.00 The following services will be provided upon request at an additional charge: DDC Services (upon request) * Unit Price (USD) Replacement DDC One-Time Charge - Remote configuration $230 Additional DDC One-Time Charge Remote configuration, View License $630 Recurring Charge Monthly maintenance $5.33 * Hardware is not included in this unit pricing * Labor rate subject to annual adjustment Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 Ho l d e r I d e n t i f i e r : 77 7 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 7 7 6 1 6 1 6 0 4 5 5 7 1 1 1 0 7 6 6 7 1 6 1 1 7 2 1 5 5 5 7 2 0 74 4 2 0 2 7 7 7 2 5 0 7 3 0 0 0 7 3 7 4 1 5 7 7 1 5 6 2 2 1 0 3 0 7 7 2 4 1 5 5 5 7 0 6 7 4 5 4 2 0 75 7 7 0 1 5 3 7 2 3 2 5 5 5 7 0 7 4 7 7 3 2 6 1 6 2 1 3 6 6 6 4 0 7 4 5 3 7 3 2 4 3 0 4 6 6 2 3 0 0 73 4 4 0 1 5 7 5 2 2 7 4 1 3 0 0 7 6 7 2 7 2 4 2 0 3 5 7 7 2 0 0 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 77 7 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 3 5 2 5 6 7 7 1 1 5 4 5 6 0 0 0 7 2 2 1 1 1 5 0 7 1 3 6 0 1 3 1 0 71 2 3 3 3 7 3 5 2 0 6 3 1 0 1 0 7 0 2 3 2 3 7 2 5 3 1 7 3 0 0 0 0 7 0 2 2 2 2 7 2 5 2 0 6 3 1 1 1 0 70 3 3 2 2 6 2 5 2 0 7 3 1 0 0 0 7 0 2 3 3 3 7 2 4 2 0 7 2 1 0 0 0 7 1 2 3 3 3 7 2 5 2 0 7 3 0 0 0 0 70 3 3 3 2 6 2 5 2 0 6 3 1 0 0 0 7 7 7 5 6 1 6 3 3 5 1 7 6 5 5 4 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 Ce r t i f i c a t e N o : 57 0 1 0 6 9 0 8 8 3 8 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/28/2024 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be 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 endorsement(s). 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. PRODUCER Aon Risk Services South, Inc. Atlanta GA Office 3550 Lenox Road NE Suite 1700 Atlanta GA 30326 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 11000Sentinel Insurance Company, LtdINSURER A: 27120Trumbull Insurance CompanyINSURER B: 36940Indian Harbor Insurance CompanyINSURER C: 24554XL Insurance America IncINSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: SITA Information Network Computing USA Inc. 600 Galleria Parkway Suite 1000 Atlanta GA 30339 USA COVERAGES CERTIFICATE NUMBER:570106908838 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.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $100,000 $5,000 $2,000,000 $2,000,000 $2,000,000 Contractual Liability Included D 07/01/2024 07/01/2025 SIR applies per policy terms & conditions US00010989LI24A PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000B07/01/2024 07/01/2025 $500 COMBINED SINGLE LIMIT (Ea accident) 20UENEF4804 COMP./COLL. DEDUCTIBLE EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $9,000,000 $9,000,000 $10,000 07/01/2024UMBRELLA LIABD 07/01/2025US00010990LI24A RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTEA07/01/2024 07/01/2025 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 20WEAG6F03 PER CLAIMUS00110750EO24A07/01/2024 07/01/2025 Claims Made $5,000,000AGGREGATE RETENTION $150,000 E&O - TechnologyC SIR applies per policy terms & conditions $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Any and all work performed with the City. The City of Palm Springs, its officials, employees and agents are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Workers' compensation policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Palm Springs Palm Sprins Intl Airport 3400 E. Tahquitz Canyon Way Suite OFC Palm Springs CA 92262 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 Workers Compensation Insurers AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Services South, Inc. 570000060555 570106908838 570106908838 Page _ of _ SITA Information Network Policy Number: 20WEAG6F03 Hartford Casualty Insurance Company (Texas) Hartford Insurance Company of the Midwest (Illinois, Pennsylvania, New York) Hartford Underwriters Insurance Company (Hawaii, New Jersey, Missouri, North Carolina) Sentinel Insurance Company (California, Georgia) Twin City Fire Insurance Company (Arizona, Colorado, Connecticut, Florida, Maryland, Massachusetts, Michigan, Minnesota, Ohio, Oklahoma, Virginia, Washington, Wisconsin) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$193.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:SITA INFO NTWKG COMPUTING USA INC DBA: Owner:Sita Info NTWKG Computing USA INC Mailing Address:3100 Cumberland BLVD 900 Atlanta, GA 30339 License Number:CBL-001559-2023 Expiration Date:08/31/2025 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:3100 CUMBERLAND BLVD, ATLANTA, GA 30339 Business Description:CONTRACTOR - ENGINEERING TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: 0BFE9FE4-1539-4E23-807F-E6A5E367D507 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 02-Jul-2020 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 DocuSign Envelope ID: 69364F1B-0D27-40D1-A8EA-13629253DF35 C01M NET S O F T W A R E a SITAr company MAINTENANCE SERVICE AGREEMENT BETWEEN SIGNATURE TECHNOLOGIES, INC. dba COM-NET SOFTWARE AND PALM SPRINGS INTERNATIONAL AIRPORT July 1, 2019 com• A�T 5 0 F T W A R E Maintenance Service Agreement a SIT&company Palm Springs International Airport Maintenance Service Agreement 1.0 Summary— Under this Agreement, software maintenance and on-going software services will be provided .to Palm Springs International Airport (PSP) by Signature Technologies, Inc. dba Com-Net Software (Com-Net) for all Com-Net Flight Information Display Systems (FIDS) software. Com-Net supplies a complete solution for software maintenance and services support. Initiated with a request from PSP, Com-Net responds with a customer service solution twenty- four (24) hours a day, seven (7) days a week. Service history is tracked in Com- Net's Service Event Management System. This premium service covers all labor associated with the maintenance support of all inventoried software modules of the information display system. 2.0 Term—This contract shall be in effect of a period of twelve (12) months from July 1, 2019 to June 30, 2020. 3.0 Help Desk Service — Com-Net's Help Desk is fully staffed with trained, experienced Help Desk Analysts twenty-four (24) hours a day, seven (7) days a week. 3.1 Service Request Procedure 3.1.1 Single Point of Contact—Once a system problem is identified as a malfunction in the installed software, the PSP System Administrator will contact Com-Net at the Help Desk number(800- 899-2638, Option 1). The System Administrator will need to provide a contact name, phone, and description of the problem. 3.1.2 Initial Response - A Help Desk Analyst will contact PSP by phone within one (1) hour on all critical calls or two (2) hours on all routine calls. 3.1.3 Problem Resolution - A Help Desk Analyst will stay involved throughout the entire process and will serve as your main point of contact until the problem is resolved. 3.2 Service Call Tracking 3.2.1 Service Event Management System - Each call received by the Help Desk Analyst will be entered into our Help Desk Call database. The individual call will be time-stamped as to when it was received and will include a description of the problem, and the name of the person who reported the problem. The individual ticket will show who took the call, to whom the call was given and at what time he received it. When the ticket is closed it will be time-stamped as to when it was closed, the duration of the time the ticket was opened, who closed the call and what corrective action was taken to correct the problem. 3.3 Escalation Process 3.3.1 Tier Escalation—Com-Net Tier Levels are as follows: Com-Net Software 2 •3728 Benner Road • Miamisburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination COAA ��T 5 0 F T E Maintenance Service Agreement W A R a SITa company Palm Springs International Airport a. Tier I Help Desk Analyst b. Tier II Software Analyst c. Tier III Manager of Software Support d. Tier IV Senior Manager, Customer Services 3.3.2 Help Desk Escalation -The first point of contact is always the Help Desk Analyst. This allows Com-Net to follow a problem from start to finish and to keep adequate records of any problem that the airport may have. Most problems can easily be solved with direction from the Help Desk Analysts. If the Help Desk cannot resolve the problem within two hours, the call will be escalated to the next level of support. 3.3.3 Software Analyst Escalation — Escalation occurs when diagnosis is not complete within four (4) hours of assignment. At this point, the Software Support Manager will become involved in the call. 3.3.4 Emergency/Critical Call Escalation - Escalation occurs when there is any critical software failure. The call would go directly from a Help Desk Analyst to the Software Support Manager. 3.3.5 Senior Management Escalation - Escalation occurs when the actual or estimated time of repair exceeds six (6) hours. In this case, the call would go directly from a Help Desk Analyst to the Senior Manager, Customer Services. 4.0 Software Maintenance Work Scope — Com-Net provides a superior customer experience by providing on-going software maintenance services on the system to keep the system performing at an exceptional level. 4.1 Help Desk Support 4.1.1 Com-Net provides Help Desk service for twenty-four (24)-hour emergency and routine software support. The Help Desk provides real-time remote assistance. The Help Desk creates service tickets, tracks and manages each support issue. 4.2 Software Releases and Upgrades 4.2.1 Software Support — Com-Net provides software support to the PSP FIDS system application modules (Exhibit A). Software fixes and related software update releases for the existing software version modules under this Agreement are implemented into the PSP customized FIDS software system without an operational impact and at no additional cost as part of the annual maintenance fee. 4.2.2 Software Distribution — Com-Net will access site systems and related software modules remotely. On-line diagnosis and related repair to software will be implemented by remote access. Distribution of releases will be made electronically into the PSP customized FIDS software remotely without an operational impact. Com-Net Software 3 •3728 Benner Road • Miamisburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination COAA ET 5 0 F T E Maintenance Service Agreement W A R a SIT&company Palm Springs International Airport 4.3 Preventative Maintenance (PM) 4.3.1 Com-Net provides remote PM on the server and DDC software applications. PM include tested and approved program enhancements, patches, and upgrades to the current point release of FIDS software on the PSP customized FIDS Software System without impact to normal operations. 4.4 Corrective Maintenance (CM) 4.4.1 Com-Net provides remote CM on the server and DDC software applications. CM includes diagnosis of FIDS software failures, recovery of Com-Net software system failures, and remote assistance to any recovery from a server failover. 6.0 Service Response Definition —Com-Net provides on-going'services to maintain the FIDS software in an.operational state and minimize downtime. Com-Net classifies service requests into two categories: 1) Emergency/Critical and 2) Routine. Emergency/Critical service requests are defined as follows: 6.1 Emergency/Critical Failures 5.1.1 Emergency Definition — A software failure is considered an emergency if any of,the key software modules are inoperative to the extent the system cannot deliver flight information in a normal manner. The emergency services shall include the necessary software .changes required to replace malfunctioning system elements. Emergency failures include the following: a. The FIDS server software is inoperative for more than two (2) hours. b. The fourth (4th) occurrence or greater of the same system failure in a thirty (30) day period 5.2 Routine Maintenance 5.2.1 Routine Definition — -A system software failure is considered routine if it doesn't meet the above definition of emergency'and by its nature is non-critical to PSP's overall site operation. Routine maintenance typically includes single points of display software failure, which can be resolved remotely. 6.0 Service Level Agreement — Com-Net will provide a timely response to service requests from PSP on its FIDS software modules. Service response times are unique for the categories of preventative, emergency and routine. 6.1 Maintenance Response and Completion 6.1.1 Emergency/Critical Response — Com-Net will provide software telephone support twenty-four (24) hours per day, seven (7) days a week for emergency response. Telephone support will be provided within one (1) hour of receipt of the request. 6.1.2 Routine Response — Com-Net will provide software telephone support within two (2) hours of receipt of the request. Com-Net Software 4 •3728 Benner Road • Miamisburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination COM■ N'l T 5 0 F T W A R E Maintenance Service Agreement a SIT&company Palm Springs International Airport 7.0 Maintenance and Services Exclusions — Com-Net software maintenance and support is provided to repair FIDS software modules. Conditions that fall outside of this service are identified as follows: 7.1 Hardware/Software Exclusions 7.1.1 Equipment Failure — Hardware components failures within the FIDS system are excluded from this service coverage. Hardware failure includes: a. Server failures b. DDC failures c. Display failures d. Network failures 7.1.2 Software Restoration — Should a hardware failure occur, any Com-Net labor required to reload the software application and restore software services onto the new or repaired hardware are. out of scope and will be handled on a new scope quotation basis. Such restorations include: a. Reload of new server b. Reload of new DDCs c. " Reload of any embedded displays 7.1.3 Damaged Cablinq — Non-software delivery issues that affect data delivery to the displays such as cut or broken cabling are excluded from this service coverage. 7.1.4 Out of Scope Work — Out of Scope Work includes, but is not limited to the following: a. Hardware Adds, Moves or Changes ordered by PSP b. Software configuration associated with new hardware orders c. Follow-up on data quality of Third-Party Software feeds d. Server and DDC operating system patches and updates 7.2 Excluded Work Pricing 7.2.1 Pricing of Excluded Work— Com-Net will accept work directed by PSP that is excluded or Out-of-Scope from this maintenance agreement. Such work will be priced by Com-Net on a quotation basis upon request. 8.0. Pricing of Service — Com-Net will require PSP to issue a Purchase Order to implement this MSA with this Agreement outlining the scope of work and associated Terms & Conditions for the Service. Com-Net will charge PSP a monthly fee of Two Thousand and Fifty Dollars ($2,050.00) for Flight Data, the Software Maintenance and on-going Software Services as outlined within this Agreement. The recurring fee will include Help Desk, Software Support, and software version point releases necessary for the day-to-day operation of the PSP FIDS system. Com Net Software 5 •3728 Benner Road • Miamisburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination S 0 F T A R E W A' Maintenance Service Agreement 5 0 a SITA.company Palm Springs International Airport 8.1 Site Inventory 8.1.1 Software Inventory — Com-Net will maintain a site-specific inventory of software as noted within the Standard Price List, Exhibit A, under this Agreement. The inventory will be the basis for the annual recurring fee structure. The inventory will be maintained on a routine basis for any changes or modifications. 8.2 Invoicing 8.2.1 Monthly Invoicinq — Com-Net will invoice PSP on a monthly recurring basis against an issued Purchase Order. Out-of-Scope activities will be invoiced under a separate monthly invoice in arrears. Terms of payment are thirty (30) days from the date of the invoice. 9.0 Miscellaneous Contract Terms & Conditions 9.1 Insurance Com-Net will procure and maintain insurance continuously throughout the term of this Agreement from companies that are acceptable to PSP that are licensed in the state where services are performed and listed in the current "Best's Insurance Guide" as possessing a minimum policy holders rating of "A 2 (Excellent) and a financial category no lower than Wl". Com-Net Software shall furnish PSP with an acceptable Certificate of Insurance specifying coverage. The Certification of Insurance shall cover: 9.1.1 Workers' Compensation and Employer's Liability a. Workers' Compensation insurance for statutory limits or a State certificate. Employer's Liability coverage should have limits of$500,000. 9.1.2 Liability Insurance a. Occurrence type commercial general liability insurance, including blanket contractual coverage, for personal injury and property damage of not less than $1 million combined single limit per occurrence. b. Excess insurance coverage with a combined single limit of not less than $4 million per occurrence in excess of the underlying Liability Insurance requirement set forth above. d. The PSP owned property, equipment and/or material in the care, custody or control of the Com-Net, Com-Net at its sole cost and expense must procure and maintain from such insurers as are acceptable to PSP. 9.2 Termination 9.2.1 PSP or Com-Net, may cancel this Agreement at any time for any reason, upon sixty (60) days prior written notice to the other party. Should PSP choose to exercise this option under the Agreement, PSP will remit payment to Com-Net for all properly authorized expenses up to the date of termination. Such termination may be Com-Net Software 6 •3728 Benner Road • Miamisburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination C6M- S O F T W A A R E Maintenance Service Agreement a SITA.company Palm Springs International Airport made at no additional cost to PSP. Either party may terminate this Agreement upon the breach of any material term or condition of this Agreement by the other party. 9.3 Force Majeure: 9.3.1 Except for the payment of monies when due and owing for the period and to the extent that a party hereto is prevented from fulfilling, in whole or in part, its obligations hereunder, where such disability arises by reason of any law or governmental regulation or other governmental act, or flood, war, fire, explosion, terrorism or other natural catastrophe or act of God (herein "Force Majeure Event"), such party shall be excused from obligations that are prevented for the amount of days required to abate the Force Majeure event. 9.3.2 The term of this Agreement shall not be extended by the period of duration of such Force Majeure Event. Notice of any such disability and any abatement shall be given to the other party. 9.3.3 If a Force Majeure Event prevents Com-Net from providing the products or services subject hereunder for a period of fifteen (15) or more consecutive business days, in whole or in part, PSP may thereafter, on notice to Com-Net, terminate this agreement with respect to the affected part or, if all products or services are prevented, in whole. In the event of such termination, PSP shall be entitled to any prepaid maintenance services if such termination was due to cause. 9.4 Default 9.4.1 Each of the following will constitute an event of Default by either party (hereinafter"Default"): a. Failure to pay monies when due hereunder, and such failure is not cured within ten (10) days after receipt of notice thereof by the party in default from the party to which payment is due; b. Any representation or warranty made by either party in this Agreement is discovered to have been false or misleading in any material respect by either party as of the date on which, or as of which, the same was made; c. Except for payment of monies when due, failure in any material respect to perform as required by this Agreement, or failure in any material respect to observe any covenant, condition, or agreement required by this Agreement to be performed by either party and such failure is not cured within thirty (30) days after receipt of notice thereof; d. Committing an act of bankruptcy within the meaning of the Federal Bankruptcy Code; e. The commencement of bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation, or similar proceedings Com-Net Software 7 •3728 Benner Road • Miamisburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination C:Om. �!ET S O F T W A R E Maintenance Service Agreement a SIT&company Palm Springs International Airport by 'or against either party, which is not thereafter dismissed within sixty (60) days of such filing; or f. The placement of a lien, garnishment or levy against not less than ten percent (10%) of a party's assets, in terms of monetary value, which is not released within thirty (30) days after the date of its attachment. 9.4.2 Remedies of Com-Net If a Default by PSP occurs and continues, without proper cure, if 'subject to cure, Com-Net may: a. Terminate this Agreement, in whole or part, without prejudice to Com-Net's rights with respect to PSP's obligation then accrued and remaining unsatisfied hereunder; b. Exercise any other right or remedy that may be available�to Com-Net at law or in equity. 9.4.3 Remedies of PSP If a default by Com-Net occurs and continues, without a proper cure, if subject to cure, PSP may: a. Terminate this Agreement, in whole or in part, without prejudice to PSP's rights in respect of Com-Net's obligations then accrued and remaining unsatisfied hereunder; b. Exercise any other right or remedy that may be available to Com-Net at law or in equity. 9.5 Liability Limitation 9.5.1 COM-NET'S AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHERWISE, FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,.SUCH AS, BUT NOT LIMITED TO, DELAY, DISRUPTION, LOSS OF PRODUCT, LOSS OF ANTICIPATED PROFITS OR REVENUE, LOSS OF USE OF THE EQUPMENT OR SYSTEM, NON-OPERATION OR INCREASED EXPENSE OF OPERATION OF OTHER EQUIPMENT OR SYSTEMS, COST OF CAPITAL, OR COST OF PURCHASE OR REPLACEMENT SOFTWARE SYSTEMS SHALL BE'LIMITED TO TEN THOUSAND DOLLARS ($10,000.00). Com-Net Software 8 •3728 Benner Road • Miamisburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination C ■ NET Maintenance Service Agreement SOFTWARE a srra company Palm Springs International Airport 10.0 Entire Agreement The parties acknowledge that this Agreement contains the whole of the contract and understanding between them. There are no conditions, warranties or other understandings affecting the arrangements between the parties other than those set out herein and this Agreement replaces all prior Agreements and understandings (if any)with respect to the subject matter of this Agreement. EXECUTED an Agreement on the date first above written The undersigned parties agree to the level of maintenance support specified below, to be performed by Signature Technologies, Inc. at 3728 Benner Road, Miamisburg, Ohio 45342. Palm Springs International Airport Approved as to Form: � 1 PSP Authority •ram+,'/ Signature Technologies, Inc. 2, 20/ Da e Executed as to Form: -t&__41� Sti pfii6D. Rohrig, Vice-President, Operations APPROVED AS TO FORM A T: CftYA EY •ial;C rI'IV"'W.i°h r p Not Without The Express ritten ' Authorizatior� Of The City Com-Net Software 9 •3728 Benner Road • Mianusburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination COFT■ NET 0 F T WARE 9 Maintenance Service Agreement 5 a SJTa company Palm Springs International Airport EXHIBIT A Standard Software Price List FIDS Maintenance and Services For Palm Springs International Airport APV Sottwire Maintenance Description Quantity Monthly Price Annual Unit Extended Akport%sion.7.4 Moddes -Display' -Connect 01E0 hiterface -Failover 1 _webfeed' S1,250.00 $1.;250.00 S15,000.00 Media Mana er Caine Help Desk Support View licenses 36 OAG Flight Data 1 $800.00 _$800_00 $9 6d0-60 Software Sub-Totals S2,050:00 S24,600.00 Com-Net Software 10 •3728 Benner Road • Miamisburg,Ohio• 45342 Company Confidential:Not Intended For Public Dissemination R PUBLIC INTEGRITY DISCLOSURE N APPLICANT DISCLOSURE FORM ��'IFORNtP; 1. Name of Entity Signature Technologies, Inc. dba Cam-Net Software,a SITA company 2. Address of Entity(Principle Place of Business) 3728 Benner Road, Miamisburg, Ohio 45342 3. Local or California Address(if different than#2) 4. State where Entity is Registered with Secretary of State Ohio If other than California, is the Entity also registered in California?Pq Yes No 5. Type of Entity ®Corporation ❑Limited Liability Company ❑Partnership ❑Trust ❑Other(please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Chad Timms [N Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other Stephen Rohrig ®Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other ❑Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other CITY OF PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 (Revised 09 13 18) 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 50%,ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. SITA Information Networking 100% Computing USA Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. signat re of Disclosing Party, Printed Name,Title Date T� Stephen D. Rohrig,Vice President CITY OF PALM SPRINGS—PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM Page 2 of 2 (Revised 0913.18) CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Allainst Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in Rill compliance with the provisions of Pahn Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONTRACTOR/VENDOR: TREHA)o,- ' - .L-x- NAME and TITLE of Authorized Representative: ,l (Print) �J'E�l��hJ �J. �odf�C_ �v�l� iC�TUB «E Signature ate of Authorized Representative:(Sign) r (Date) D Z /7 DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE DB/,9/2D,9 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 policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this s~ certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT 'O NAME: Aon Risk Services South, Inc. PHONE (g66) 283-7122 FAX (800) 363-0105 Atlanta GA Office (A/C•N°•Ext) A/C.No.): 3550 Lenox Road NE E-MAIL 2 Suite 1700 ADDRESS: Atlanta GA 30326 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED - INSURER A: XL Insurance America Inc 24554 Signature Technoloqies, Inc. INSURERB: Indian Harbor insurance Company 36940 Com-Net Software Specialist INSURERC: National Fire Ins. CO. of Hartford 20478 3728 Benner Rd. Miamisburg OH 45342 USA INSURER D: American Casualty Co. of Reading PA 20427 INSURER E: The Continental Insurance Company 135289 INSURER F: COVERAGES CERTIFICATE NUMBER: 570076902003 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY POLICY EFF POLICY Ext, LIMITS A X COMMERCIAL GENERAL LIABILITY USUUU10989LI19A EACH OCCURRENCE $2,000,000 DAMAGE TO RFNTFD__1 CLAIMS- DE X❑OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 p GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 0 POLICY ❑X PRO- ❑LOC PRODUCTS-COMP/OPAGG $2,000,000 0 OTHER: Ea accident n JE 6049774415 07/01/2019 07/01/2020 COMBINED SINGLE LIMIT rO C AUTOMOBILE LIABILITY $1,000,000 BODILY INJURY(Per person) 0 X ANYAUTO Z OWNED SCHEDULED BODILY INJURY(Per accident) a) AUTOS ONLY AUTOS PROPERTY DAMAGE t0 NON-OWNED t>' HIRED AUTOS Per accident [� ONLY AUTOS ONLY X Coll.Ded.$500 X Comp.Ded.$500 0) A X UMBRELLALIAB H OCCUR USOOO1099OLI19A 07 01/2019 07/01/2020 EACH OCCURRENCE $9,000,000 U EXCESS LIAR CLAIMS-MADE AGGREGATE $9,000,000 DED I X RETENTION$10,000 D WORKERS COMPENSATION AND 6049913944 07 Ol 2019 07/01/2020 X STATUTE ETH EMPLOYERS'LIABILITY YIN WC ( ADS E.L.EACH ACCIDENT $1,000,000 EANY PROPRIETOR/PARTNERC /A 07/Ol/2019 07/Ol/2020 OFFICERWEMBEREXCLUDED? N (Mandatory In NH) WC ( CA ) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000- DESCRIPTION OF OPERATIONS below e E&O-Technology MTP003508308 07/01/2019 07/01/2020 Policy Agg. Limit $5,000,000— claims Made Per Claims Limit $2,000,000 SIR applies per policy terns & condi ions SIR $100,000 y DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) O RE: Any and all work performed with the City. The City of Palm springs, its officials, employees and agents are included as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability r� policies. General Liability and Automobile Liability evidenced herein are primary and Non-Contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of certificate Holder in accordance with-the policy provisions of the worker's compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm springs AUTHORIZED REPRESENTATIVE Palm Sprins Intl Airport — suit E. Tahquitz Canyon way A cJ% ,� _�s�� � � suite prC e�N'o/ya :JtQfc!/ . Palm Springs CA 92262 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: US00010989LI19A COMMERCIAL GENERAL LIABILITY Effective Date: July 01, 2019 CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization that you are required in As required per written contract a written contract or written agreement to include as an additional insured provided the"Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written. agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only with exclusions apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has .been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional.insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 A7/AO/fnAn / AU ENDORSEMENT# This endorsement, effective 12:01 a.m., July 01, 2019 forms a part of Policy No. US0001 0989LI 19A issued to Sita SC by XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 07/22/2019/AK ©, 2005, XL America, Inc. SCA 23 5001) CAM (Ed. 10/11) SITA SC Policy #6049774415 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. LIABILTY COVERAGE 1. Which are no longer in force;or A. Who Is An Insured 2. Whose limits have been exhausted. The following is added to Section 11, Paragraph A.1., B. Bail Bonds and Loss of Earnings Who is An Insured: lion 11, Paragraphs A.2.a42) and A2.a.(4) are 1. a. Any incorporated entity of which the Named revised as follows: Insured owns a majority of the voting stock on 1. In a.(2), the limit for the cost of bail bonds is the date of inception of this Coverage Form; increased from$2,000 to$5,000,and provided that, b. The insurance afforded by this provision A.1. 2. In.a.(4), the limit for the loss of earnings is does not apply to any such entity that is an increased from$250 to$500 a day. 'insured' under any other liability 'policy' C. Fellow Employee providing wautow coverage. Section 11,paragraph BS does not apply. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or Such coverage as is afforded by this provision C. is joint venture, and over which you maintain excess over any other collectible insurance. majority ownership interest. 11. PHYSICAL DAMAGE COVERAGE The insurance afforded by this provision A2.: A. Towing CQ a. Is effective on the acquisition or formation Section 111.paragraph A2.,is revised to include Light date, and is afforded only until the end of the Trucks up to 10,000 pounds G.V.W. CD policy period of this Coverage Form, or the next anniversary of its inception date, B. Glass Breakage — Hitting A Bird Or Animal — whichever is earlier. Failing Objects Or Missiles 0 b. Does not apply to: The following is added to Section III,Paragraph A.3.: (1) 'Bodily injury' or 'property damage' With respect to any covered 'auto,' any deductible " caused by an 'accident' that occurred shown In the Declarations will not apply to glass before you acquired or formed the breakage if such glass is repaired,, in a manner organization;or acceptable to us, rather than replaced. (2) Any such organization that is an 'insured C. Transportation Expenses under any other liability 'policy' providing Section III, paragraph AA a. is revised, with respect " 'auto'coverage. to transportation expense incurred by you,to provide: 3. Any person or organization that you are obligated a. $60 per day,in lieu of$20;subject to to provide Insurance where required by a written a contract or agreement is an insured, but only with b. $1,800 maximum,in lieu of$600. respect to legal responsibility for acts or omissions D. Loss of Use Expenses of a person for whom Liability Coverage is C afforded under this policy. Section 111, Paragraph AAb. is revised, with respect 4. An 'employee' of yours is an 'insured' while to loss of use expenses incurred by you,to provide: s operating an 'auto' hired or rented under a a. $1,000 maximum, in lieu of$600. .� contract or agreement in that 'employee's' name, E. Personal Property with your permission, while performing duties related to the conduct of your business. The following is added to Section III,Paragraph AA. 'Policy,' as used in this provision A. Who Is An c. We will pay up to $500 for loss to Personal Insured,includes those policies that were In force on Property which is: the inception date of this Coverage Form but: (1) Owned by an'insured';and SCA 23 500D Copyright,CNN corporation,2M. Page 1 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance services Office used with Its pemdsslon. ,-. m < f a-e _..__ w.t—._.._t..._..af_.;...�.:.e:.3.,........_.r-xu......_._...r.u..v...r,w_....._r_1_V...�ln.._....•...�..�.t..,._ _......>._......_ .5 ..:..—,.. ..,.... _,.:..L.._... _ _...�:._..:..:........_..v POLICY NUMBER INSURED NAME AND ADDRESS C 6049774415 SITA SC 3100 CUMBERLAND BLVD STE 900 ATTN: PAUL O'DWYER _ ATLANTA, GA 3 0 3 3 9_5 9 3 0 POLICY CHANGES CNA71527XX This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. takes effect on the effective date of said. Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Additional Insured Primary and Non-contributory "Any person or organization that you are required by a written contract to name as an additional insured" C Chairman of the Board Secretary G-56015-B (ED. 11/91) Workers Compensation And Employers Liability Insurance CNAPolicy Endorsement WAIVER OF OUR RIGHTTO 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule Any Person or Organization on whose behalf.you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,' takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another !effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy 1 unless another expiration date is shown below. _. Form No:WC 00 03 13 (04-1984) Policy No:WC 6 49913944 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:07/01/2018 Endorsement No: 8; Page: 1 of 1 Policy Page: 68 of 98 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright 1983 National Council on Compensation Insurance.