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HomeMy WebLinkAboutGRANICUS, INC. - 2005-09-30GRANICUS, INC. SERVICES AGREEMENT THIS AGREEMENT, date as of _ C , 2.005 is between GRANICUS, INC., a California Corporation and the >° , (the "Client"). A. Granicus, Inc. has developed a streaming media solution and Media Management Software that specializes in Internet Broadcasting. B. The Client desires to (i) purchase the Granicus Solution which will facilitate streaming and distribution of live and archived video and audio content, and (ii) engage Granicus, Inc. to integrate its' Media Management Software onto the Client's existing website, and (iii) contract with Granicus, Inc. to administer the Streaming Solution through a Managed Services solution. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants, representations and warranties herein contained, the parties hereto agree as follows: 1. GRANICUS SYSTEM; INSTALLATION. 1.1 Installation of Granicus System. (a) Granicus, Inc. shall have the following obligations in connection with the installation of the Granicus System: (i) install, set-up and test the Granicus System, including, if necessary, installing the computers, mounting the cameras, connecting the microphones and cameras and loading any necessary software; (ii) conduct one initial "train the trainer" training session, using a combination of written procedures (in English) and hands-on training, on the use of the Granicus System; and (iii) if necessary assist the Client in provisioning a high -quality broadband telecommunications line that is accessible to the site locations and that satisfies any specific system requirements of the Granicus System. (b) The Client shall have the following obligations in connection with the installation of the Granicus System: (i) provide physical space at the site locations that is appropriate and sufficient for the Granicus System, including a controlled access area for the computers and associated hardware, equipment and accessories; and (ii) Compensate all costs related to the installation and deployment of the Granicus solution as described in the Proposal. 1 Version 3.9 (iii) Compensate all Managed Services payments as described in section 5.2 1.2 Site Preparation. (a) The Client shall provide such materials as may reasonably be necessary to post warnings and other disclaimers at appropriate intervals around the various site locations within the Client venue where live audio and video streaming will take place. (b) The Client shall be responsible for maintaining such warnings and disclaimers and for ensuring that patrons are fully informed regarding the locations and times when such audio and video streaming will occur. 1.3 Maintenance of Equipment. (a) For (3) three years after the date of this Agreement, Granicus, Inc. shall repair or replace any Equipment, provided directly from Granicus, that fails to function properly due to normal wear and tear, provided that any such failure is not covered by insurance maintained by the Client. Granicus; Inc. shall not be responsible, however, for any such failure that is due to other causes, such as power surge, fire, flood or other casualty, accident, vandalism, misuse or abuse, alteration of the Equipment or failure of the Client to maintain a proper environment or otherwise properly care for the Equipment. (b) Granicus, Inc. has the technology in place to continually monitor all equipment and should any malfunction appear Granicus, Inc. shall immediately notify the Client. Granicus, Inc. shall respond to requests to repair or replace any non-functioning Equipment, provided directly from Granicus, within 24 hours from the time that notice is received, and the Client shall grant Granicus, Inc. or its Representative's access to the Equipment for this purpose at reasonable times. Granicus, Inc. will keep the Client informed regarding the time frame and progress of the repairs or replacements. (c) Granicus, Inc. offers continuous customer support and is dedicated to ensuring that the Client is completely satisfied with Granicus products and services. Granicus staff is available to the Client 24hrs a day, 365 days a year, via the customer support lines. All support numbers are listed on the bottom of this contract. USE OF MEDIA MANAGEMENT SOFTWARE. 2.1 Use. Granicus, Inc. agrees to provide Client with a Revocable, non -transferable and non-exclusive account to access the Media Management Software; and grants Client a Revocable, non-sublicensable, non -transferable and non-exclusive right to use the Media Management Software. The Media Management Software is proprietary to Granicus, Inc., and protected by intellectual property laws and international intellectual property treaties. Client's access to, and use of the Media Management Software is licensed and not sold. Client will be responsible for any applicable costs and taxes associated with Client's use of the Services, or use of the Services through Client's account. CONTENT PROVIDED TO GRANICUS INC. 3.1 Responsibility for Content. The Client shall have sole control and responsibility N Version 3.9 over the determination of which data and information shall be included in the Content that is to be transmitted, including, if applicable, the determination of which cameras and microphones shall be operational at any particular time and at any particular location. The Client shall not provide to Granicus, Inc., or permit to be provided to Granicus, Inc., any Content that (a) infringes or violates any third parties' Intellectual Property Rights, rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local or foreign laws, regulations or statutes. 4. OWNERSHIP• INTELLECTUAL PROPERTY RIGHTS & SECURITY. 4.1 Content Ownership. The Client shall own all right, title and interest in and to all Content on a worldwide basis, including, without limitation, all Intellectual Property Rights relating thereto, (i) with respect to Content captured by cameras or microphones at the venue, at the time such Content is so captured and prior to the time it is transmitted to the computer at the venue and (ii) with respect to all other Content, at the time such Content is transmitted or otherwise provided to Granicus, Inc. pursuant to this Agreement. To the extent that any such Content is protectable by copyright, such Content shall be deemed to be "works made for hire" under the copyright laws of the United States. 4.2 Trademark Ownership and License. (a) The Client shall retain all right, title and interest in and to its Trademarks, including any goodwill associated therewith, subject to the limited license granted to Granicus, Inc. pursuant to Section 4.2 hereof. (b) Granicus, Inc. shall retain all right, title and interest in and to the Granicus, Inc. Trademarks, including any goodwill associated therewith, subject to the limited license granted to the Client pursuant to Section 4.2 hereof. (c) Each party grants to the other a non-exclusive, non -transferable (other than as provided in Section 6.1 hereof), limited license to use the other parry's Trademarks as is reasonably necessary to perform its obligations under this Agreement, provided that any promotional materials containing the other parry's trademarks shall be subject to the prior written approval of such other party, which approval shall not be unreasonably withheld. (d) Neither party shall use the other parry's Trademarks in a manner that disparages the other party or its products or services, or portrays the other party or its products or services in a false, competitively adverse or poor light. Each party shall comply with the other parry's requests as to the use of the other parry's Trademarks and shall avoid any action that diminishes the value of such Trademarks. 4.3 Security of Data. Granicus, Inc. will take commercially reasonable efforts to protect and control access to Client Content. However, Granicus, Inc. makes no guarantee and assumes no liability for the security of any of Client Content or other data provided to Granicus, Inc., including any of Client Content or data placed on any servers including "secure servers." Client will be responsible for the creation and protection of username and password. In no event shall Granicus, Inc. be liable for any direct, indirect or other damages arising out of any breach of security or otherwise. 3 Version 3.9 MANAGED SERVICES FEES 5.1 Terms of Agreement (a) Granicus, Inc. agrees to provide the Client the hosting, storage, and bandwidth necessary for the Client to broadcast its content to the Internet for at least three (3) years in accordance with the Granicus Managed Services defined in The Proposal. (b) The Client agrees to purchase hosting, storage, and bandwidth necessary for the Client to broadcast its content to the Internet for at least one (1) years in accordance with the Granicus Managed Services defined in The Proposal. 5.2 Payment of Maintenance Fees (a) Upon execution of this Agreement, the Client agrees to pay Granicus, Inc. the first month's Managed Service Fees. (b) Thereafter, the Client agrees to pay the monthly fees to Granicus, Inc. by the first day of the month a month in advance of services. 5.3 Cancellation of Managed Service Plan (a) In the event of a cancellation of Managed Services by Client within (12) months from the "live" date, the Client will be responsible for paying the amount due for the remainder of the first year. (b) Cancellation of Clients Managed Services will also result in the immediate termination of Clients Media Management Software license as described in Section 2.1 6. CONFIDENTIAL INFORMATION & OWNERSHIP. 6.1 Disclosure. Except to the extent necessary as contemplated by this Agreement, each party agrees not to disclose any Confidential Information to any person and agrees to use its best efforts to prevent inadvertent disclosure of any Confidential Information to any person. Without limiting the generality of the preceding sentence, each party agrees to treat the Confidential Information of the other party with at least the degree of care that such party treats similar information of its own. Each party may disclose such Confidential Information to a court or other governmental authority to the extent that such disclosure is required by governmental order or by law; provided that the receiving party shall (i) notify the disclosing party in writing of such required disclosure as soon as reasonably possible prior to such disclosure, specifying in detail the reasons why such disclosure is required, (ii) use its commercially reasonable efforts at its expense to cause such disclosed Confidential Information to be treated by such governmental authority as trade secrets and as confidential, and (iii) use its commercially reasonable efforts at its expense to obtain such other protective orders and protections with respect thereto as the disclosing party may reasonably request. 6.2 Use. Each party agrees not to use any Confidential Information for any purpose whatsoever except to the extent necessary as contemplated by this Agreement. Each party agrees not to disclose the Confidential Information to any of its Representatives except those who are required to have the Confidential Information in connection with such purpose and then only if 4 Version 3.9 such Representative is either subject to a written confidentiality agreement that would cover the confidential treatment of the Confidential Information or otherwise subject to fiduciary obligations of confidentiality that would cover the confidential treatment of the Confidential Information. 6.3 Termination of Confidentiality Obligations. The obligations of this Article 7 shall terminate with respect to any particular portion of the Confidential Information when receiving party can prove by appropriate documentation that such Confidential Information (a) was previously known to the receiving party as shown by the receiving parry's files at the time of disclosure thereof, (b) was already in the public domain at the time of the disclosure thereof, or (c) entered the public domain through no action of the receiving party subsequent to the time of the disclosure thereof. 7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. 7.1 Granicus, Inc. hereby agrees to protect, defend, indemnify and hold harmless the Client, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense cost (including, without limitation, cost and fees of litigation of every nature or liability of any kind or nature) arising out of our in connection with Granicus', Inc. (or Granicus', Inc. subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Granicus, Inc., its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of the Client. Granicus, Inc., will conduct all defense at its cost and expense and the Client shall approve selection of Granicus' Inc. counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Granicus, Inc. 8. TERM AND TERMINATION. 8.1 Term. The term of this Agreement shall commence on the date hereof and shall continue in full force and effect for one (1) years after the date hereof. This Agreement shall automatically renew for additional 3 terms of (1) one year each, unless either party notifies the other in writing at least 30 days' prior to such automatic renewal that it does not wish to renew this Agreement. 8.2 Termination. This Agreement may be terminated, in whole or in part, pursuant to the following terms and conditions: (a) by mutual written consent of the parties hereto; (b) by either party if there has been a material default or breach on the part of the other party in any of its representations, warranties, covenants or obligations contained in this Agreement and such default or breach is not cured within 90 days following written notice from the non -breaching party; 8.3 Obligations Upon Termination. Upon any termination of this Agreement, the following shall apply: (a) The parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. Version 3.9 (b) The provisions of Articles 6 and 7 hereof (together with all other provisions that reasonably may be interpreted as surviving termination of this Agreement) shall survive termination of this Agreement and continue in full force and effect. (c) Except as provided in Article 8 hereof, no party shall have any liability upon any termination of this Agreement. 9. MISCELLANEOUS. 9.1 Assignment; Successors and Assigns. Neither this Agreement nor any rights or obligations herein may be assigned by either party, by operation of law or otherwise, without the written consent of the other party; provided, however, that, without the consent of the Client, Granicus, Inc. may assign this Agreement in connection with a merger, consolidation, assignment, sale or other disposition of substantially all of the assets or business relating to the portion of the Granicus, Inc.' operations that is the subject of this Agreement. This Agreement shall be binding on and inure to the benefit of the parties hereto and their heirs, legal representatives, successors and permitted assigns. 9.2 Amendment and Waiver. This Agreement may be amended, modified, waived or canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. No failure or delay by either party in exercising any right or remedy under this Agreement shall waive any provision of this Agreement nor shall any single or partial exercise by either party of any right or remedy under this Agreement preclude either of them from otherwise or further exercising these rights or remedies or any other rights or remedies granted by any law or any other document. 9.3 Governing Law. The laws of the State of California shall govern the validity, construction, and performance of this Agreement, without regard to the conflict of laws provisions of any jurisdictions. Any legal proceeding related to this Agreement shall be brought in an appropriate California court, and each of the parties hereto consents to the exclusive jurisdiction of that court for this purpose. 9.4 Construction. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is to any extent invalid under applicable law in any jurisdiction, that provision shall still be effective to the extent it remains valid. The remainder of this Agreement also shall continue to be valid, and the entire Agreement shall continue to be valid in other jurisdictions. 9.5 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same instrument. 9.6 Entire Agreement. This Agreement supersedes all previous and contemporaneous oral negotiations, commitments, writing, and understandings among the parties hereto concerning the matters in this Agreement. 9.7 Notices. All notices and other communications required or permitted under this Agreement must be in writing and must be hand delivered or sent by registered first-class mail, postage prepaid or by overnight courier service. Such notices or other communications shall be effective upon receipt if hand delivered, and ten (10) business days after mailing (or, for overnight courier, the number indicated in the mailing instructions) if sent, in the case of the Client, to the 6 Version 3.9 address set forth below and, in the case of Granicus, Inc., to its principal executive offices to the attention of the Chief Executive Officer, or at such other address for a party as may be specified by like notice. 9.8 Mediation and Arbitration. If any dispute, controversy or claim arises under this Agreement, the parties shall negotiate in good faith to settle the matter. If the parties are unable to resolve the matter within a reasonable time, the parties shall submit the matter to mediation by a trained mediator approved by both parties, the cost of which shall be shared equally by the parties. Any dispute, controversy or claim arising under this Agreement not resolved through mediation within a reasonable period of time (not to exceed 90 days) shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect on the date of this Agreement by a single arbitrator appointed in accordance with such Rules. The appointing authority shall be the American Arbitration Association. The parties shall share the costs of any arbitration equally, unless the award of the arbitrator provides otherwise. The arbitrator's award shall be non -appealable and enforceable in any court of competent jurisdiction. The place of mediation or arbitration shall be San Francisco, California. Nothing in this Section 11.9 shall preclude any party from seeking injunctive relief or other equitable remedies (whether prior to or during such mediation or arbitration) if necessary to protect the interests of such party. 10. DEFINITIONS. In addition to the capitalized terms otherwise defined herein, the following additional capitalized terms shall have the meanings set forth below, unless the context clearly otherwise requires: 10.1 "Confidential Information" shall mean all business, technical and other information (including without limitation, all product, services, financial, marketing, engineering, research and development information, product specifications, technical data, data sheets, programs, software, inventions, processes, know-how, chip designs, mask works, designs, drawings and any other documentation), disclosed from time to time by the disclosing party to the receiving party, directly or indirectly in any manner whatsoever (including without limitation, in writing, orally, electronically, in all types of disks, diskettes, computer memory or storage or other media, or by drawings or inspection of physical items, and whether or not modified or merged into other materials); provided, however, that the term "Confidential Information" shall not include the Content that is intended to be published on the Website. 10.2 "Content" shall mean any and all, documents, graphics, video, audio, images, sounds and other content that is streamed or otherwise transmitted or provided by, or on behalf of, the Client to Granicus, Inc. 10.3 "Granicus Solution" shall mean the product specified in Client's proposal henceforth identified as Proposal hereto. 10.4 "Equipment" shall mean the hardware components of the Granicus Solution. 10.5 "The Proposal" shall mean the document which specifies the Products or Services the Client chooses to utilize from Granicus, Inc. 10.7 "Media Management Software" shall mean all software included with the Granicus Solution including but not limited to the web application used to administer streaming media. 7 Version 3.9 10.8 "Intellectual Propedy Rights" shall mean all right, title and interest in and to any and all intellectual property rights throughout the world, including, without limitation, any and all patents, patent applications, copyrights, copyright applications, moral rights, trademarks, trade secret rights, rights to know-how, inventions and algorithms, and any and all similar or equivalent rights throughout the world. 10.9 "Losses" shall mean demands, claims, complaints, actions or causes of action, suits, proceedings, investigations, arbitrations, assessments, fines, penalties, judgments, losses, damages (including diminution in value), liabilities, obligations, and any costs and expenses, including without limitation interest, penalties, investigative costs and reasonable attorneys' fees. 10.10 "Representatives" shall mean the officers, directors, employees, agents, attorneys, accountants, financial advisors and other representatives of a party. 10.11 "Trademarks" shall mean, with respect to each party to this Agreement, all trademarks, trade names and logos of such party listed on Exhibit C attached hereto and any other trademarks, trade names and logos that such party may specify in writing to the other party from time to time. 10.12 "Client Website" shall mean, collectively, the web site of any Granicus, Inc. client that is hosted by Granicus, Inc. 10.13 "Managed Services" shall mean monthly fees paid to Granicus, Inc. by Client for bandwidth usage associated with live and archived Internet streaming, data storage, and Granicus Solution maintenance and monitoring. 10.14 "Live shall mean the time at which "Managed Services" are activated and monthly billing begins. 10.15 "Revocable" shall mean that Client's right to use or access the media management software shall be annulled because Client has either discontinued their use of a Granicus Managed Services program, failed to pay any Granicus fees for more than 30 days, or breached the terms of this contract. 8 Version 3.9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. GRANICUS, INC. By: Thomas A. en Zr Its: Chief Executive Officer Address: 28 2nd St. Suite 400 San Francisco, CA 94105 Client Address Date: Z9(2%v APPROVED AS TO FORM JENNIFER M,GRATH, City Attorney Paul D'Alessandro CIO -I/o 5 Assistant City Attorney 9 Version 3.9 Granicus Inc. Support Information Address: Granicus, Inc. 28 2nd St, Suite 400 San Francisco, CA 94105 Phone: Direct (8:OOam to 6:OOpm Pacific time): 415-357-3618 Toll Free (8:OOam to 6:00pm Pacific time): 877-889-5495 On -call Technical Support (available 24 hours, 7 days a week): 415-637-0520 Fax: 415-522-5215 Web: Site: www.uanicus.com Email: support@granicus.com 10 Version 3.9 September 81h, 2005 To: City of Huntington Beach Joan L. Flynn City Clerk Via email Joan, Granicus looks forward to developing a successful long-term relationship with the City of Huntington Beach. By selecting Granicus as your streaming media solution provider, you will greatly improve external and internal access to your public meetings. These meetings will be available live over the Internet, and as searchable archives that can be used for efficient long-term record keeping. Streaming with Granicus improves public access beyond what can be provided through cable broadcast. The availability of searchable archives allows a section of any meeting to be retrieved at anytime using a simple keyword search. In _ addition, documents like staff . reports, agenda's, and minutes can be synchronized and linked to your audio and video archive all of which will be available through the City's web site While public meeting broadcasts are a compelling and popular use of your Granicus solution, your system can be used by all city departments to present video content internally or externally over the web. Other cities use the Granicus solution to deliver public education content, public service announcements, and video on demand training. The Granicus solution delivers the functionality desired by the City of Huntington Beach, and does it in a way that minimizes the overall cost. Our proposed solution integrates with your current infrastructure and audio video equipment instead of replacing or duplicating it. Additionally, the storage and distribution of your .streaming content is offloaded to the Granicus Media Center eliminating your need to invest in additional dedicated bandwidth and servers, which are necessary to support streaming. By automating processes that would normally be done manually the Granicus MediaManagerTM software also minimizes the impact streaming has on staff time, and eliminates the need for the IT staff to be on hand during meetings. Agenda items can be indexed in real time, and archives are automatically published to the City's web site minimizing the involvement of your Webmaster. Because meeting archives are readily available on the Internet, the need for the clerk's office to retrieve and prepare meeting records will also diminish over time. At Granicus, we recognize that a great product is only part of what keeps our clients satisfied. For that reason, Granicus provides 24/7 technical support and onsite user training. We also take full responsibility for maintaining and monitoring the technology that powers your solution, so that you can avoid the cost of developing a team of streaming experts. When you need us we will be there to help. If you have any questions about our services or this proposal please do not hesitate to contact me. Most Sincerely, Tom Spengler Chairman and Chief Executive Officer Granicus, Inc. Proposed Solution Pricing Your Granicus solution was designed based on the City of Huntington Beach's specific streaming needs. Our pricing reflects our commitment to supply our customers with the highest value and utmost quality. Your solution consists of the components detailed below. Granicus Media Manager Hardware (Provided by City) 1 - Dell Server -Power Edge 750 Next Day Three Year Service $0.00 Single Processor Intel Xeon, 2.4 GHz Processor 36GB Hard Drive 512 MB SDRAM 133 MHz, 4x128MB DIMMs Windows XP Professional or 2003 Server Configuration Hardware (Provided by City) $0.00 Software $500.00 Software Basic (one encoder/parser) $6,500.00 MinutesMaker $9,750.00 Bundle Discount ($3,250,00) Sales Tax 7.75% $1,007.50 Subtotal $14,507.50 Granicus MediaVault Hardware (Provided by City) $0.00 1 - Dell Server -Power Edge 1850 Next Day Three Year Service Single Processor Intel Xeon, 2.8 GHz Processor Xeon 800MHz (2) 36GB Hard Drive RAID 1 1GB DDR2 400 MHz, 4x128MB DIMMs Windows 2003 Server 600 GB Dell PowerVault 220S, 3U W/ 14 Bay SCSI Rack mount 143GB Drives Configuration Hardware (Provided by City) $0.00 Software $450.00 Software MediaVault $5,400.00 Software License Bundle Discount $0.00 Sales Tax 7.75% $418.50 Subtotal $6,268.50 Professional Services & Other Hardware Other Hardware (2) S-Video Balun's $150.00 200 ft of Cat 5 $200.00 Audio Video Connectors $50.00 (1) Osprey 230 Encoding Card $350.00 Training 2 Days Onsite $3,200.00 Remote Installation (Does not include wiring) $500.00 Web Site Integration $4,000.00 Sales Tax 7.75% $58.13 Subtotal $8,508.13 Shipping $50 First Months Managed Services $1,200 Total Bundle Discount ($3,250.00) Total Sales Tax 7.75% $1,484.13 Total $30,634.13 Total Monthly $1,200 Granicus Managed Services All managed services plans are billed on a monthly basis, and require the first month be paid during the initial setup of your Granicus solution. All plans include full Managed Services, complete monitoring and maintenance of your on -site hardware and 24/7 technical and user support for your complete solution. Managed Services also includes all software upgrades and bug fixes for all of the City's Granicus software components. The goal of our Managed Services program is to help the City realize the highest level of value and satisfaction from Granicus solution, without incurring additional or unexpected costs. Granicus Managed Services include the following: Technical and User Support Granicus offers continuous customer support and is dedicated to ensuring that the City is completely satisfied with Granicus products and services. Granicus staff is available to the City 24hrs a day, 365 days a year, via the contact info below. Direct (8:OOam to &00pm Pacific time): 415-357-3618 Toll Free (8:OOam to 6:OOpm Pacific time): 877-889-5495 On -call Technical Support (available 24 hours, 7 days a week): 415-637-0520 Site: www.granicus.com Email: support@gtanicus.com Monitoring -o As part of the City's Managed Services Granicus will continually monitor, on a 24/7 basis, all the software and hardware included in your solution. Should any malfunction appear, Granicus will immediately notify the City and proceed to resolve the issue. Granicus is committed to repair or replace any non-functioning hardware, provided directly from Granicus, within 24 hours for up to 3 years. Software Upgrades Granicus provides its software as a "Lifetime License", and all software upgrades are included as part of your Managed Services program. This includes both the rights to use the upgraded software and any services required as part of the upgrade process. Bandwidth and Storage Through Granicus Managed Services we will provide all of the bandwidth and storage necessary to utilize your solution. The Granicus Managed Services plan includes "Unlimited Bandwidth" for streaming the City's live and on -demand content over the Internet through the Granicus Media CenterTM The Granicus Managed Services plan also includes 12 months of archiving for all public meetings and 20 hours or 3 Giga bytes of storage for additional content at the Granicus Media CenterTM. Additional storage beyond the 3 Gigabytes can be purchased at 5 cents per megabyte per month. Project Implementation Timeline Granicus is pleased to begin a promising and successful relationship with the City of Huntington Beach. To begin the process, we have outlined a timeline to ensure the efficient and organized implementation of your Granicus solution. Granicus guarantees a 30-day implementation period, which begins the day the service contract and initial fees are received. 1. The City of Huntington Beach delivers signed proposal and service contract to Granicus 2. Full purchase order is issued by the City of Huntington Beach. 3. On site installation project plan completed by Granicus & the City of Huntington Beach. 4. Hardware built, configured and tested by City engineers 5. Granicus in conjunction with the City Webmaster will complete the City of Huntington Beach's website Integration 6. The City of Huntington Beach completes onsite installation and Granicus provides remote software install and onsite training. 7. The City of Huntington Beach completes two-day solution testing and final implementation sign off. 8. The City of Huntington Beach releases remaining project funds to Granicus. Unless otherwise stated in a program announcement or solicitation, this signed and accepted proposal must be received by October 1st, 2005. Sign to Accept proposal. Return to representative or: City of Huntington Beach Client Signature: Date: Granicus, Inc. 28 2nd St. Suite 400 San Francisco, CA 94105 Granicus, Inc. Signature: Date: Professional Services Description ConK ura tion: Configuration of Granicus hardware includes the assembly of all server and encoder components. Base operating systems are installed on Granicus or client supplied hardware. The hardware and software is optimized for streaming media applications. Graxiicus software is then installed and initial configuration and testing is performed. Web Site Integration: Web site integration includes incorporating the public components of the Granicus Media ManagementTM software into the clients website, matching the look and feel, and integrating the navigation. This service also includes the custom design of a client specific pop-up video player, or skin, and a custom agenda parser to increase indexing quality and efficiency. In addition, our MinutesMaker feature can be customized to provide automatic generation of cross -linked meeting minutes to meet your specific needs. Onsite Installation & Traigj= Onsite installation of hardware at client's location includes configuration of: analog audio and video feeds to the encoder, Internet and LAN connectivity, configuration of firewalls and proxies, all hardware with power and backup power supplies, and final system configuration with the Graxiicus Media Center. Once the system is up and running Graxiicus' engineers finish the setup by tuning the audio and video remotely. A training session concludes the onsite visit. Once the system is installed, our engineers will remotely monitor your equipment to assure that it is continually operating to original specifications. Granicus MediaManagerTM Software Granicus MediaManagerTM consists of proprietary web -based software tools designed to efficiently organize and manage your streaming content. These tools put the control of broadcast activity, user account management, live event management, and usage reporting in your hands. The software has been broken up into for segments to meet the unique needs for a variety of Cities and Counties. These three components are: 1) Media ManagerTM — Basic, 2) MediaManagerTM — Enterprise, and 3) MediaManagerTM, - Minutes -Maker. Each of these components are described in detail below. MediaManagerTM - Basic is the foundation technology of every solution and is required before adding the Enterprise or MinutesMaker software modules. MediaManapaerTM Basic Public Site: Our solution includes several pages for your Internet users to access on -demand media and live broadcasts. Users will use these pre -built pages to search out specific footage, and jump to specific events within your audio/video archive. The Granicus solution also allows for a key word search based on all of the index points associated with the City's complete library of video archives. This functionality substantially increases the convenience of access to and use of meeting archives. Around these core pages you can instantly control user access using a registration and log in system. All public web pages are seamlessly integrated into your current website, so that the look and feel of your site remains consistent. The MediaManager — Basic software license allows for one custom build archiving listing page, and one video skin. By adding MediaManagerTM — Enterprise you will the ability to create and customize an unlimited number of public pages by utilizing our templates and views tools. See MediaManagerTM - Enterprise for more information. Protected Administration Site: As a client of Granicus, you will have access to a web based administrative site that will allow you to create and manage archives, schedule and index live events, link documents and minutes of meeting to the video, view real time usage reporting, and configure content distribution. You will also have access to a series of video editing tools that can be used to enhance your on -demand content once it has been broadcasted or encoded. Media Acquisition tools give you the ability to add audio and video content to your content library from a variety of sources. Utilizing the Granicus OutcastTM encoder, live events can be simultaneously broadcast and archived to the library easily and directly through the live event manager. During a broadcast you can add times stamped data, such as agenda item indices or slides, allowing you to create rich multimedia presentations. You are also given a simple media import tool that can be used to import any pre -encoded content from your desktop into your archive listing. Finally, the Granicus OutcastTM encoder, which is included with MediaManagerTM - Basic, can be used to encode your analog video by replacing the live signal with that of a standard video playback device such as a standard VCR or DVD player. In this scenario, the same capture tools for managing a live broadcast can be used to make your valued offline content available online. Granicus also offers in house from encoding from VHS or DVD as part of our professional services. Automatic Live Event Scheduler and Archive Publishing - Live events, such as City Supervisors meetings, can be easily scheduled to be both broadcast live and archive through the Granicus Live Event Manager. By utilizing this tool, the City will not require staff time or technical assistance to start, stop or archive their live events. Archives are automatically transferred from the Granicus OutCastTM encoder to the Granicus MediaCenterTM and automatically published the City's web site. These features substantially decrease the need for staff time to manage content creation and publishing to the City's web site. • Media Clip Administration provides clients the tools to create, edit, delete, index, trim and merge digital video clips. Once the media is in the archive library you can utilize indexing tools that allow you to set multiple "Jump To" points into the video, providing your end user the ability to easily navigate your streaming content. Various other editing and organizational tools allow you to modify your archives and add to the searchable Meta data associated with each archive. Meeting Agenda Parser allows the City to index its video archives based on agenda item titles, by automatically pulling the agenda item titles and descriptions from the City's agenda and loading them into the Granicus MediaManagerTM. These agenda item titles are than loaded into the live event manager, which allows you to index your video in real time by simply clicking on an agenda item title and pressing enter when the council or board begins discussing that issue. Other solutions, if they offer indexing, force you to manually retype and load the text for each agenda item. The Agenda Parser feature assures quality indexing and substantially decreases the staff time need to create indices. Searchable Indexes — Audio and Video archives, which are viewable over the Internet, can be easily indexed with multiple jump points through the Granicus MediaManagerTM software. These indexes allow users to jump directly to the specific point in the City's audio/video archive. The Granicus solution also allows for a key word search based on all of the index points associated with the City's complete library of video archives. For example a key word search on "Water" will return to the user a direct link to all of the audio/video archives, which discuss water usage in the City. This functionality substantially increases the convenience of access to meeting archives. Searchable Closed Captioning— The Granicus solution supports the use of closed captioning, and the association of the captioning with the streaming media. Captions axe viewable during Eve and archived streaming for full ADA compliance. For archived meetings the captions can also be searched by key words allowing the user to jump to the appropriate point in the video archive. In addition captions can also be used to create a transcript for a particular agenda item through the Granicus MediaManagerTM Software. Document Management enables documents to be manually loaded and linked to video archives and directly associated to the appropriate agenda items, resulting in a searchable archive that includes both the audio/video record of your meeting and the staff reports or other documents that were used during the meeting. Cross -linking documents and audio/video archives provide the most comprehensive records archive system available. To improve the efficiency of integrating and linking your meeting documents with your meeting audio / video see the Document management Integration option included with MinutesMakerTM • CD Download with Indexing— Audio/Video Archives can be quickly downloaded and burned to CD by any administrator of the Granicus solution. The CD download also includes the agenda item indexing information so users of the CD can still jump directly to the agenda items they are interested in. This tool conveniently provides offline copies of your meetings for those citizens without Internet access. Media Delivery subsystems, such as the Granicus StreamRephcatorTM and Media.VaultTM, maximize your existing infrastructure investment by allowing you to deliver content using local storage and bandwidth when appropriate. These systems function transparently as part of the Granicus solution, and complement the robust delivery architecture at the Granicus MediaCenterTM. No special training is required to operate these devices as they function autonomously and are controlled by Granicus MediaManagerTM software. • Summary Reports provide you with detailed usage reports concerning: streaming requests, average user bandwidth, outbound bandwidth, content popularity, and media storage usage. MediaManagerTM - Enterprise User/Group Administration provides clients with the tools to set login and registration requirements and create new user accounts. Tools are also provided to manage and utilize the account information for registered users and export valid e-mail addresses into a quick mailing list. Most importantly, the group management tools allow you to categorize your media library, automatically limiting a users access to those clips that you specifically made available to them. By creating group administrators who control certain clips and managing users accounts, you can distribute the responsibility of managing your media library. • Access Control— Access control for content and groups of content allows you to define exactly who can access what content and from where. Access control can be based on IP address, username/password or both. Complete Template Language — The Granicus MediaManagerTM software uses a tag -based template language to display all published content. This allows you to finely control the look and feel of your video and video -related pages, and does not restrict your layout like a header/footer based publishing system would. By utilizing the Granicus MediaManagerTM - Enterprise license you can create and edit an unlimited number of publishing templates. These templates can be easily managed through our HTML editor by your webmaster. Views System —The views system is the counterpart to the template language. The Granicus MediaManagerTM software allows you to publish video archives and a list of upcoming live broadcast to the web by creating views. To create a view you simply select the appropriate template and specific content you would like to have published. For example, a city may want to publish all of its City Council archives and the upcoming live broadcast of the City Council meeting on one webpage. To do this simply select the City Council archive folder and City Council event and then select the appropriate template. This will generate an HTML webpage with the appropriate look and feel and content. Link this page into your existing website and your ready to go. MediaManaszefrm - MinutesMakeem Granicus MinutesMakerT" acts as a substitute to the City Clerk's current live audio recording equipment and minutes annotation tools, making it simple to annotate your meeting minutes live during the meeting. By using the Minutes Maker software you can capture motions, votes, and discussion summaries as they occur leaving you with minimal annotation work the next morning. The MinutesMakerTM software logic is based on Robert's Rules of Order and standard parliamentary procedure. Thus, allowing the system to easily record a variety of motion types including, amendments, substitute, and free form motions. In addition, the system easily handles updating of the role call during the meeting, recording the times that voting members join and leave a meeting. Votes are recorded live through a simple interface, which defaults all members to yes or absent based on their current attendance at the meeting. Every item that is annotated through the software is automatically linked to the audio and video record of your meeting as you type, enabling very efficient cleanup of your minutes after the meeting. If the Clerk does need to review the audio of the meeting the next day in order to update their minutes, you can simply click on the text of your minutes and the MinutesMakeirm software will play back the audio and video from that precise point in the meeting. While you are watching or listing to the meeting record you can simply and quickly edit the text of your minutes. As a result, you will no longer have to spend hours fast forwarding and rewinding through the audio tape of your meeting in order to finish you minutes. • Minutes Templates are utilized to format the look and feel of your minutes document. Using the minutes template tools Granicus will develop an HTML minutes document that looks virtually identical to your current minutes format. However, the new minutes document will include links to the audio / video archive of your meeting as well as links to the appropriate supporting documents like staff reports for that meeting. Searchahle Voting Record Report — In addition to publishing your minutes to the web the Granicus MeetingManagerTM also generates a voting record log. The voting log simply displays the agenda item or motion and each members vote in a web ready table. The voting log is displayed in a simple table, but also allows for search for voting and attendance records on a particular voting member or by a keyword in the agenda item titles. Mohile Encoder Option — The Granicus MeetingManagerTM also enables you to utilize the Granicus MobileEncoderTM. The MobileEncoderTM will allow you to utilize all of the functionality of the MinutesMakerTM to record and index the audio / video of your meeting, and take your meeting annotations at a remote locations without Internet access. When you return to your office, you can simple upload the audio file to the Granicus Media Manager. At which point it can be automatically published to the city's web site or edited just like the meetings that take place in the council or board chambers. • Document & Agenda Managementlntegration — Granicus MeetingManagerTM allows for the integration of the Granicus Streaming media solution with a document management or agenda management solutions in order to create the most complete and accessible archive of your public meetings and legislative history. Granicus and its partners are working together to produce a system that will archive and manage all aspects of your public meeting records. This includes meeting agendas, minutes, documents and audio/video recordings. All of these media types are automatically synchronized and cross -linked allowing for intuitive web based search and retrieval of information. In addition, the document and agenda management integration will allow the two systems to automatically share information and streamlining your agenda and minutes workflow. Voting System Integration - Granicus N inutesMakerTM is required for integration with the Granicus VotingSystemTM software. The Granicus VodngSystemTM workflow is integrated tightly with the Clerks use of the Granicus MinutesMakerTM software, which together allows legislative motions, votes, and attendance information to be recorded directly from the council member's finger into the clerks meeting minutes. Additional detail regarding the Voting system functionality can be found below. Granicus MediaCenter"m - Content Management and Delivery To deliver reliable, high -quality audio and video content over the Internet you must have a secure and scalable distribution facility able to support hundreds or thousands of concurrent users; with this as our goal we created the Granicus MediaCenterTM. The Granicus i\L 4ediaCente,TM enables us to store and distribute your content over the Internet to ensure your audience consistently receives a high quality stream. How it Works The Granicus MediaCenterTM is the core of all Granicus Internet broadcast solutions. This secure and reliable facility stores and distributes rich -media events to the public over the Internet. Live streams are encoded at your location and one stream is sent to our streaming servers at the Granicus MediaCenterTM Archive files can also be uploaded directly to our servers. Your streaming content will be available through your web site, but the Granicus MediaCenterTM handles all requests for both live and archived streams. The only streaming that will travel over your network is the one stream per source, you are sending to the Granicus MediaCenterTM The Granicus MediaCenterTM is well equipped to handle all of your streaming needs. It has direct redundant Internet connectivity at optical wavelength speeds to a variety of major Internet backbone providers, including Qwest Communications, SBC/Pacific Bell and others. In addition to providing standard Internet Data Center power facilities the Granicus MediaCenterTM has the significant added benefit of being a Designated Block 50 facility. Allowing the facility to be exempt from rolling blackouts. MediaCenterTM Features: • Flexible Storage Programs • Flexible Distribution Programs • 24/7 System Support • Redundant Storage • Redundant Network Connections Granicus OutcastTm Encoder - Feature Rich Encoding The Granicus Outcast encoder coupled with the Granicus MediaManagerTM Software makes live streaming and archiving a simple and hands off process. Most encoders simply convert an audio video signal into a digital format that can be used for streaming; the Granicus OutcastTM does much more. Using the Granicus OUtCaStTM with your Granicus solution allows for live event scheduling, automatic web publishing, live indexing, slides, closed captioning, and automatic archiving and file transfer to distribution servers How it Works The OutcastTM Encoder integrates with the web -based Granicus MediaManagerTM software and transfers live broadcasts to the Granicus MediaCenterTM in real time. The Granicus MediaCenterTM then duplicates and distributes your high quality audio and video content to the audience requesting the content. While broadcasting a live event, the on -site Granicus OutcastTM Encoder can also archive your broadcasts for on -demand viewing later. Once your broadcast is complete, the encoded event is automatically transferred to the Granicus MediaCenterTM where our suite of streaming media tools are accessible for editing, management and publishing functions. OutcastTM Encoder Features: • Live & Scheduled Broadcast Control • Automatic Archiving • Multiple Bit Rate Support • Automated Broadcast and Archive Publishing • Live event management: Indexing, Slides, and Closed Caption Granicus StreamReplicatorTM - Intranet Stream Delivery To deliver a live broadcast to a large audience inside your network without exorbitant bandwidth costs, a single encoder is not enough. The Granicus StreamReplicatorTM allows you to replicate and redistribute Eve streams efficiently within a private network using multicast technology. How it Works The Granicus StreamReplicatorTM replicates live broadcasts to viewers within your network. It delivers broadcast quality audio and video while minimizing bandwidth use and costs. Its muldcast technology allows hundreds of concurrent viewers to watch what your network sees as a single live broadcast stream. StreamReplicatoiym Features: • Broadcasts Multicast Live Events • Broadcasts Unicast Live Events Granicus MediaVaultTM - Large Archives at Low Cost An audio/video archive requires storage, management and delivery. The Granicus MediaVaultTM provides long-term storage and management while maximizing the use of your existing broadband connectivity. The result: long term storage and content distribution at a drastic cost savings. How it Works The Granicus MediaVaultTM integrates with the Granicus MediaCenterTM and transfers archived video to local storage. When archived video is requested, the MediaVaultTM takes the place of the Granicus MediaCenterTM and delivers content directly from your location on your network. Should demand for archived content increase beyond your capacity, content can be transferred back to the MediaCenterTM with a click of a button. As a result, the Granicus MediaVaultTM provides a superior solution for creating a digital library or records retention system. MediaVaultTM Features: • RAID 5 Redundant Storage • Capacity for up to 18,000 Hours of Content (2.12 years) • Serves Content on LAN/WAN • Simple Migration Tools City of Huntington Beach HUNTINGTON BEACH 2000 Main Street California 92648 Insurance Requirements/Encroachment Permit Applicants and Contractual Services -. City Resolution 97-20 requires that licensees, lessees and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Receipt of an insurance certificate does not satisfy our insurance requirements that vary for private or public property, for city contract or simply encroachment permits as well as consultant services. InIrnuch as the typical approval process timeline varies from several days or more, it is strongly rm%mmended that you have certificate(s) submitted at least one week, if not two, prior to your event. certificate is the only acceptable insurance proof media (not a declaration, statement or policy). An original certificate is required or, if it is fax'd, it must come directly from your insurance �mpany/agent to Risk Management (fax 714/536-5212). C.) Private Property Work Permit Requirements. —If the planned work does not involve public v property or its right-of-way (e.g., sidewalk/street or abutment to same), the Workers' LCompensation Certificate is the only insurance requirement. However, if the work abuts to public property, the City Attorney's Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific Private Property Only approval stamp. ➢ Encroachment (City/Public Property) Permit Requirements. —General Liability and Workers' Compensation are required (see General Liability Insurance Certificate below). ➢ Consultant Services. ---Professional Liability Insurance Certificate is required (i.e., Legal, architectural, etc.) in addition to a General Liability Insurance Certificate and Workers' Compensation Insurance Certificate. ➢ General Liability Insurance Certificate of >_$1,000,000 combined single limit/per occurrence Additional Insured Endorsement must name the City of Huntington Beach, its agents, officers and employees as additionally insured and, when applicable, the Redevelopment Agency of the City of Huntington Beach must also be additionally insured. Insured definition must read as the insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. (It is not to read, .....but only with respect to liability arising out of your ongoing operations performed for that insured.) Type of coverage must be "per occurrence" not "claims made". "Claims made" designation is only acceptable for professional or pollution liability insurance. A brief description of work and/or nature of business, timeframe for completion, dollar value and if applicable, the related City department while not necessary, is highly desirable in the event that part of the insurance requirement cannot be met and Risk Management must complete a waiver form for that specific requirement. ➢ Workers' Compensation Insurance Certificate of statutory amount and If you have no employees, you must sign a Declaration of Non -employee Status form available from the Risk Management Department. In lieu of a certificate of insurance, a certificate of Consent to Self -Insure issued by the California Director of Industrial Relations is also acceptable. G:\RiskMgmt\Cent-Ins\Require. Doc (Rev. 10/4/2005) ➢ Professional Liability Insurance Certificate of >_of $1,000,000 (applicable for professional services) Type of coverage "Claims Made" designation is acceptable for professional or pollution liability insurance. In addition to the above, ALL CERTIFICATES MUST CONTAIN THE FOLLOWING: Insurance Carrier Rating. —Insurance must be placed with a California -admitted carrier with a current A.M. Best Rating of >_ A: V I I Certificate Holder. --The City of Huntington Beach (2000 Main Street, Huntington Beach, CA 92648, Attn: Risk Management). Deductible, Self -Insurance Retention (SIR), --The city maintain a zero deductible/SIR requirement. Any deductibles/SIRS in force must be listed on the certificate. In the event of any deductible/SIR, the city has an insurance waiver procedure to request a waiver of the zero requirement (see Waiver Procedure below). 30-day Cancellation Notice. --There must be a thirty (30) day notice for policy cancellation. A ten (10) day notice for cancellation for non-payment of premiums and/or salary reporting is allowed in combination with the required 30-day notice. Cancellation Clause Wording. --The following wording must either be removed or lined -out (by the insurance agent) if they appear on the certificate: "endeavor to" and "failure to mail such notice shall impose no obligation nor liability of any kind upon the company, its agents or representatives. Waiver Procedure. —In lieu of meeting the City's insurance requirements, a permitee/insured can request a waiver of a specific requirement. To do so, the permitee/insured must provide the Risk Management Department with a brief description of the work/project (one to two sentences), the timeframe for completion and the dollar value of the work/project. Upon receipt of this information, Risk Management will complete and attach the waiver form to the insurance certificate and submit it for approval (signage) to the pertinent City Department, the Risk Manager and the City Attorney. ➢ General Contractor/Sub-contractor(s).—Both the general- and their sub -contractors must provide proof of insurance subject to the City's insurance requirements. ➢ Trucking Companies. --Per the Public Utilities Commission (PUC) regulations, you must provide proof of Workers' Compensation Insurance and General Liability Insurance. The General Liability Insurance requirements are $600,000 combined single limit or $250,000 bodily injuries or death of one person and $500,000 protection against total liability for bodily injuries or death of more than one person from anyone accident. This is subject to the same $250,000 limitation for each person and $100,000 protection for accidental damage or destruction of property other than property being transported. The City of Huntington Beach must be named as Certificate Holder but does not need to be named as additional insured. Please forward these requirements to your insurance agent/producer for their processing of your insurance certificates. For assistance, call Christi Mendoza (phone 714/536-5252 and fax 714/5 36-5212). G:\RiskMgmt\Cert-Ins\Require. Doc (Rev. 7/21/00) Page 2 of 2 S CITY of HUNTINGTON BEACH INSURANCE CERTIFICATE REVISION(s) 2000 Main Street, CA 92648 FAX 714/536-5212 (Cmendoza@surfcity-hb.org) bate: Pages: Re: Forward this form and attached ins. certificate to your ins. agent for corrections and resubmittal. ❑ This has been fax'd to your insurance; please contact them to ensure receipt and that the modifications can and have been made. Note: Typical approval process time can vary from one to several days or more; it is strongly recommended that you have certificate(s) submitted at least one week or two, prior to your event. An original certificate is required or, if FAKD IT MUST COME DIRECTLY FROM YOUR INSURANCE to Risk Management (fax number is listed above). ® Please note that renewal certificates are routinely received so if you do not have a current need to have your insurance on file/approved per City requirements (i.e., contract or encroachment/transportation permit), please disregard this notice. ® INDICATE PURPOSE: 7 Permit.--Encroachment/Transportation Permits require only that the add'I insured be listed on the certificate (see Item 4 below) ® Contract. --Requires separate Endorsement Page w/naming on it (see Item 4) Not a Blanket Endorse. Z WAIVER PROCEDURE: If unable to comply with a requirement (except Item 4 "Add'I Insured Endorsement"), the INSURED can have Risk Mgmt. prepare a waiver form to waive the specific requirement that can't be meet by checking-off/indicate here ❑ , returning the rejected certificate with all possible completed requested changes and providing a brief description (one/two sentences) of the proposed work/project, its dollar amount/value and projected timeframe. ALL CERTIFICATES (not declarations/statements or policies) of insurance HAVE THE FOLLOWING TWO REQUIREMENTS: ® The Cancellation Clause must have a 30-day cancellation notice AND your insurance producer must strikeout/remove the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives". A ten (10) day notice in the event of non-payment is acceptable. 2. Z Any deductible/SIR must be clearly indicated/disclosed. The City has a zero deductible/SIR requirement so you must either have your policy changed to a zero deductible or the INSURED may request a waiver (of the zero deductible requirement, see above waiver procedure). Gen Liability ❑; Prof Liability Commercial General Liabili /I has not been approved for the following reasons: 3. ® No g/I Insurance was submitted or the existing coverage has lapsed, upon submittal, items 4 - 6 will apply. 4. ® An additional insured endorsement is required naming: "The City of Huntington Beach, its agents, officers and employees" as an additional insured on the insurance certificate for Encroachment and/or Transportation Permits. CONTRACTS REQUIRE an ADDITIONAL INSURED ENDORSEMENT PAGE w/the certificate W/THE PROPER NAMING APPEARING ON IT --if this box 7 is checked, the Redevelopment Agency of City of Huntington Beach must also be added to the endorsement. 5. 7 The certificate does not provide at least $1,000,000 combined single limit coverage and/or does not specify the type of claim as Per Occurrence (claims made type is only acceptable for Professional Liability insurance). 6. 7 Insurance must be placed with a California -Admitted Carrier with a current A.M. Best's Rating of no less than A:VII (see waiver). Workers' Compensation w/c and/or Automotive has not been approved for the following reasons: 7. ® Certificate was not provided or has lapsed. If you have no employees, you must sign the Declaration of Non -Employer Status form available from the Risk Management Division of the City. Note, some city contracts do require w/c insurance. 8. ❑ The w/c insurance shown does not meet California statutory limits of at least $1,000,000 bodily injury per disease or accident; $300,000 bodily injury by disease policy limit. Professional Liability /I or Errors & Omissions a&o has not been approved for the following reasons: 9. Failure to provide a minimum of $1,000,000 coverage a contractor providing professional services. Additional Insured Endorsement is not required. ® Note: Insurance must be submitted as a complete package (i.e., g/I & w/c, etc.) for approval. If not, individual proof forms will be returned to you pending any changes or corrections for re -submittal. Please contact Chris Mendoza at 714/536-5252 with any questions. a:\rorms\return.aoc ( Revised: 10/4/2005)