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HomeMy WebLinkAboutA6087 - COM-NET SOFTWARE SPECIALISTS PUBLIC FLIGHT DISPLAY ANNUAL SVCCOM" NET SOFTWARE a SITI^ company MAINTENANCE SERVICE AGREEMENT BETWEEN SIGNATURE TECHNOLOGIES, INC. dba COM-NET SOFTWARE AND PALM SPRINGS INTERNATIONAL AIRPORT July 1,2018 w*a rT Maintenance Service Agreement a siTA. 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, including operating system 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, 2018 to June 30, 2019. Flight Data will be provided during the entire term of the Agreement, whereas software maintenance services will go into effect on October 1, 2018. 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 during normal Help Desk Service hours. 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 Svstem - 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: Corn-Net Software • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential: Not Intended For Public Dissemination rT Maintenance Service Agreement 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 Corn-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 Analvst 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 Emerqencv/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 Manaaement 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 is dedicated to providing 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 • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential: Not Intended For Public Dissemination s'Pr? rT Maintenance Service Agreement a SITA company Palm Springs International Airport 4.3 Preventative Maintenance (PM) 4.3.1 Corn-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. 5.0 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: 5.1 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 Emerqencv/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. Corn-Net Software • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential: Not Intended For Public Dissemination Maintenance Service Agreement a siTA, company Palm SphnQS 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 Damaoed Cabling - 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 Eight Hundred Dollars ($800.00) for Flight Data between July 1, 2018 - September 30, 2018. Thereafter the monthly fee will be 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 ^ • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential: Not Intended For Public Dissemination rT Maintenance Service Agreement a siTA company Paim Springs International Airport 8.1 Site Inventory 8.1.1 Software Inventory - Corn-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 Monthlv Invoicing - 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 forty-five (45) 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 -" (Excellent) and a financial category no lower than "VI". 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 Emolover's Liabilitv a. Workers' Compensation insurance for statutory limits or a State certificate. Employer's Liability coverage should have limits of $500,000. 9.1.2 Liabilitv 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 5 • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential; Not Intended For Public Dissemination rPfr w'a rT Maintenance Service Agreement a siTA. company Palm SprinQS 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 • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential: Not Intended For Public Dissemination f ^ n SOFTWARE Maintenance Service Agreement a SITA. 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, LOS 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 • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential: Not Intended For Public Dissemination COM" NET SOFTWARE a SITA company Maintenance Service Agreement 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 Banner Road, Miamisburg, Ohio 45342. Palm Springs International Airport Approved as to Form Signature Technologies, Inc. Executed as to Form: PSP Authority Stephen^. Rohrig, Vice-President, Operations approved as to form y^^piTY ATTORNEY \ ^9er Of t® WF^ - The ATTEST: City Clerk Com-Net Software • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential: Not Intended For Public Dissemination COM - NET SOFTWARE a SITA. company Maintenance Service Agreement Palm Springs International Airport EXHIBIT A Standard Software Price List FIDS Maintenance and Services For Palm Springs International Airport EcllpsX Software Maintenance Description Quantity Month y Price 12 Months Data Unit Extended 9 Months MTN AirportVision 7.4 Modules - Display - Connect (lED Interface) - Fai lover 1 -2 Web $1,250.00 $1,250.00 $11,250.00 Media Manager Core Help Desk Support ECLIPSX DDC View-1 11 ECLIPSX DDC View-2 18 GAG Flight Data 1 $800.00 $800.00 $9,600.00 Software Sub-Totals $2,050.00 $20,850.00 r.,:-.0"lOT£AGrv~ri i-iA \-i.». >o I 'iA Yi iO Corn-Net Software • 3728 Benner Road • Miamisburg, Ohio • 45342 Company Confidential: Not Intended For Public Dissemination 10 CERTIFICATE OF LIABILITY INSURANCE DATE(MMrt)OfVYYV) 11/26QO10 THIS CERTIFICATE IS ISSUED AS A MATTER OP INFORMATION ONLY AND CONFERS NO RIGHT^ UPON THE OERTIROATE HOLDER. THIS OERTIRCATE DOES NOT AFRRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE OERTIRCATE HOLDER. IMPORTANT: If the certificate holder is an ADOrnONAL INSURED, the pollcy(Is8) must have ADDITIONAL INSURED provisions or bs endorseti. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endcrsemenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsementis). PRODUCER Aon Risk Services South, inc. Atlanta ga office 35SO Lenox Road NE suite 1700 Atlanta GA 30326 USA CONTACT NAtt& rA^o.Exll: 283-7122 | i^.No.I: 363-0103 MO^S: INSURERIS) AFFORDING COVERAGE NAICS INSURED Siqnature Technoloqies, inc. Corn-Net Software Specialist 3728 Benner Rd. Miamisburg oh 45342 USA INSURERA: Indian Harbor insurance Company 36940 tNSURERB: National Fire Ins. Co. of Hartford 20478 INSURERc: The Continental insurance Company 35289 msiiRERD: XL Insurance America inc 24554 INSURER E: INSURER F: o X THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV^ FOR THE POUCY 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POUCES. UMTTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Umte »hovim »re aa requested -IT TTPe Of WSURANCE KSSKIID COHtlSUaAL GENERAL UABaiTY CLMM&MADE HI OCCUR GENL AGGREGATE LMITAPPUES PER:□ poucy0J^ Qux:I OTHER: POUCY NUMBBl usouoioysdLiiSA— PDUeVEPP WHMMMYYYYl tMIMMVYYYYl0//01/20lil 07/01/2019 pouevEJiP UMITS EACH OCCURRENCE UAMABLTOREMTEO PREMISES tK« ocamiK«> MEO EXP (Any on* ptnoi^ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG S2.000,000 SIOO.OOO ss.ooo S2,000,000 $2,000,000 $2,000,000 AUTOtKffilLEUABaJTY ANYAUTO OWNED AUTOS ONLY KIREO AUTOS ONLY CoSOttLSSM 604977441S 07/01/2018 07/01/2019 COMBINED SINGLE LIMIT $1,000,000 BOULY INJURY (Ptr p«son) SCHEDULED AUTOS NON^WNED AUTOS ONLY Cooip. Otd. tSM BODILY INJURY (Pm^ KCidcnQ PROPERTY DAMAGE^P£«cd4«rt2^_^_ O Z S a u c sUMBRELLA UAB EXCESS UAB OCCUR CLAIMS-MADE US00010990LI18A 07/01/2018 07/01/2019 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 DED| X IrETENRON 110.000 WORKERS COMPENSATION AND EMPLOYERS'UABILnY ANY PROPRIETOR'PARTNER/EXECUTIVE 0FFICERMEU8ER EXCLUDEOT(Mtndiloiy InNK) tryM.d«Mrfl»uKttf DBSCRIPHON OF OPERATIONS Mw NIA 0049913944 WC C AOS } WC649913975 WC C CA ) 07/01/2018 W75I753I5 07/01/2019 ®aag_OTH. £& ELEACHACCIDENT $1,000,000 E.L DISEASE<^ EMPLOYEE $1,000,000 E.t.DS£ASfi.POUCY LIMIT Policy Agg. Limit Per Claims Limit SIR $1,000,000 E&0-Techno1ogy KTP003508307 |67/'61>i6l^ Claims MadeSIR applies per policy terks & condl 07/01/2019 ions TS,000,000 $2,000,000 $100,000 DESCRIPTION OF (M>ERAT»NS / LOCATIONS I VEHICLES (ACORO lOt, Adiffiioral Rtmiifct Schtdidi, may b« attaehi d If mora >pac« la ivqulrad) RE: Any and all work performed with the City. The City of Palm springs, its officials,are included as Additional TngnmH in accordance with the policy provisions of the Generpolicies. General Liffmi-itv and Automobile Liability evidenced herein are primary Md Won-CbBtPiButorv available to^rrAddltlonal Insured, DUt oniy in accordance with the Dolicv's orovijlBHil. A Hdlvei"'Uf SMroaation is oranted in1 the policy provisions of the worker's compensMiAn ponc^. "favor of certificate Holder in accordance ees and agentsLiability and Automobile Liability-concHoutory lU ULhur Tiisuidlke Si CERTIFICATE HOLDER CANCELLATION City of Palm springsPalm Sprins intl Airport3400 E. Tahquitz Canyon Way Suite OFCPalm springs CA 92262 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED M ACCORDANCE WITH THE POUCY PROVISIONS. AUTKORBEO REPRESENTATIVE ACORD 25 (2016/03) ©19BB-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD m POLICY NUMBER: US00010989LI18ACOMMERCIAL GENERAL UABILITYCO 20 26 0413THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.ADDITIONAL INSURED - DESIGNATEDPERSON OR ORGANIZATIONThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTSCHEDULEName Of Additional Insured Person(s) Or Organization(s):Any person or organization that you are required in a written contract or written agreement to include asan additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to theexecution of the virritten contract or written agreementInformation required to complete this Schedule, if not shown above, will be shown in the Declarations.A, Section II - Who Is An Insured is amended toinclude as an additional insured the person(s) ororganization(s) shown In the Schedule, but onlywith respect to liability for "bodily injury", "propertydamage" or "personal and advertising injury"caused, in whole or in part, by your acts oromissions or the acts or omissions of those actingon your behalf:1. In the performance of your ongoing operations;or2. In connection with your premises owned by orrented to you.However1. The insurance afforded to such additionalinsured only applies to the extent permitted bylaw; and2. If coverage provided to the additional insured isrequired by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured.B. With respect to the insurance afforded to theseadditional Insureds, the following is added toSection 111 ~ Limits Of Insurance:If coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is theamount of Insurance:1. Required by the contract or agreement; or2. Available under the applicable Limits ofInsurance shown in the Declarations;whichever is less.This endorsement shall not increase theapplicable Limits of Insurance shown In theDeclarations.CO 20 26 041307/17/2018 AY© Insurance Services Office, Inc., 2012Page 1 of 1 ENDORSEMENT# Thrs endorsement, effective 12:01 a.m. July 01, 2018 forms a part of Policy No. US00010989LI18A issued to SITA SC by XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POUCY. 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 ®, 2005, XL America, Inc. POLICY NUMBERC 6049774415INSURED NAME AND ADDRESSSITA SC3100 CUMBERLAND BLVD STE 900ATTN: PAUL O'DWYER^ .-A'P^!^TA> ^ 3 03 3 9--5^0POLICY CHANGESCNA71527XXThis Change Endorsement changes the Policy. Please read it carefully.This Change Endorsement is a part o£ your Policy and takes effect on theeffective date of yoxir Policy, unless another effective date is shown.takes effect on the effective date of said Policy at thehour stated in said Policy, unless another effective dateis shown below, and eaqpires concurrently with said Policy.Additional Insured Primary and Non-contributory"Any person or organization that you are required by a writtencontract to name as an additional insured"Ctialrmmn of the BoardG-56015-B (ED. 11/91)GftCfotfify CRM Workers Compensation And Employers Liability Insurance Policy Endorsement II 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 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 unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Endorsement No: 8; Page: 1 of 1 Underwriting Company: The Continental fnsurahce Company, 151 N Franklin St, Chicago, IL 60806 Endorsement Expiration Date: Policy No:WC 6 49913944 Policy Effective Date: 07/01/2018 Policy Page: 68 of 98 Copyright 1983 National Council on Compensation Insurance.