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HomeMy WebLinkAboutSYMCO GROUP INC. - 2009... A-2009-050 INSURANCE ON FILE WORK MAY PROCEED UNTIL 1NSU~ ~ E EXPIRES EMENT BETWEEN THE CITY OF SANTA ANA CLERK OF COU'dCIL AND ~ATF JUN 1 2 200 SYMCO Group, Incorporated ~T s THIS AGREEMENT, is made and entered into this 4th day May, 2009, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing ~ ~, under the Constitution and laws of the State of California ("City") and SYMCO Group ~, Incorporated ("Vendor"). ~ ~ ~ - RECITALS: .._- ,~ '~ A. The City desires to retain the services of Vendor to provide the City with U specialized computer maintenance. B. Vendor represents that Vendor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any services performed by Vendor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby state as follows: Terms and Conditions The term of this Agreement shall cover monthly periods beginning on July 1, 2009 and ending not later than June 30, 2010. All terms and conditions more fully set forth in the SYMCO "Equipment Maintenance Agreement", Agreement Number 18061995, shall have full force and effect in this Agreement. Said terms and conditions are attached hereto as Exhibit A, and incorporated herein by reference. The City will validate for parking (in the lot south of City Hall) for Vendor visits necessary to perform the Scope of Services. 2. Scope of Services The Vendor shall provide services as defined in Exhibit A. 3. Compensation The City will pay to Vendor total compensation under this Agreement in a monthly amount which shall not exceed $6,364.63, plus any applicable taxes, for an amount not to exceed $84,000 during the term of this Agreement. Should either party terminate this Agreement prior to the end of the current month of service, a prorated return of the amount prepaid shall be returned to the City. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. Insurance Prior to undertaking performance of work under this Agreement, Vendor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Vendor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Vendor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Vendor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Vendor, if Vendor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Vendor agrees to obtain and maintain any employer's liability insurance with limits no less than required by State law. d. The following requirements apply to the insurance to be provided by Vendor pursuant to this section: (i) Vendor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Vendor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Vendor's right to be paid for its time and materials expended prior to notification of termination. Vendor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of 2 insurance by the City. 5. INDEPENDENT CONTRACTOR Vendor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Vendor performs the services which are the subject matter of this Agreement; however, the services to be provided by Vendor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Vendor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INDEMNIFICATION Vendor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Vendors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Vendor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Vendor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Vendor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Vendor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Vendor disclosed in a publicly available source; (c) is in rightful possession of the Vendor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Vendor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Vendor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Information Systems Manager City of Santa Ana 20 Civic Center Plaza (M-12) P.O. Box 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Vendor: SYMCO Group, Inc. 105 Satellite Boulevard Suwanee, GA 30024 Attn: Bela A. Kenessey telefacsimile (770) 904-7034 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 4 communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Vendor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Vendor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Vendor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Vendor, Vendor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Vendors retained by City. 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination, without any early termination penalty. In such event, Vendor shall be entitled to receive and the City shall pay Vendor compensation for all services performed by Vendor prior to receipt of such notice of termination, subject to the following conditions: 13. DISCRIMINATION Vendor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Vendor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Vendor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Vendor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. (signatures continued on next page) r __, ATTEST: ~ u a ~ ~~ l/ _ ~~_ ~Y ,~ A ~''~'~ PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: LA SHEEDY Assistant City Attorney RECOMMENDED FOR APPROVAL: v FRANCISCO GUTIERREZ Executive Director Finance & Management Services Agency CITY OF SANTA ANA DAVID N. RE City Manager SYMCO ro//up, Incorporated (.1~ VE R [signature] Name: ~11~ra~c„C fn (I%~1 Title: ~~ Tax ID# ~ ~i3!-s'~ EXHIBIT A SYMCO GROUP INCORPORATED MAYNTENANCE AGREEMENT 18061995 (Rev-3) 1. TERM a. The initial term of the Agreement shall be Monthly from date of acceptance. This agreement will automatically renew on a month to month basis unless Customer provides thirty days prior written notice to Vendor of its decision to terminate this agreement. b. The maintenance rates stated in the Equipment Maintenance Exhibit shall not increase during the initial term of this contract. After the initial term of this agreement, should a price increase occur, it shall not exceed six percent (6%) per year. Any applicable tax will be added to other charges specified, as appropriate. 2. MAINTENANCE a. Symco Group shall provide on-site support and parts to maintain equipment in good operating condition. Such maintenance shall be provided, as required, and at such charges as designated by this contract. Symco Group will provide the on-site support and maintenance services in a professional manner, and in accordance with the highest industry standards and with care, skill, and diligence. Symco Group shall comply with all applicable laws and regulations relating to providing the on-site support and maintenance services. Symco Group represents and warrants to CUSTOMER that neither the on-site support or maintenance services will infringe any patent, copyright, trademark, or any proprietary rights of a third party or constitutes a misuse or appropriation of a trade secret and Symco Group shall indemnify and hold harmless the CUSTOMER for all claims relating thereto including reasonable attorneys' fees and costs of suit. b. Response time for service is guaranteed 4 hours from the time the call is taken by Symco Group dispatch to a field engineer being on-site. c. Parts necessary to the proper functioning of the equipment shall be furnished at no additional charge, except parts damaged by causes listed in Paragraph 10.b herein. d. All of Symco Group's expenses incurred in or arising from the performance of support hereunder including, but not limited to, expenses for travel, hotel, car rental, and meals are included in the total monthly maintenance rates stated in the Equipment Maintenance Exhibit attached hereto and made a part hereof as Attachment 1. 3. ATTACHMENTS If CUSTOMER employs additional attachments, features, or devices to the equipment, makes alterations to the equipment, or permits the maintenance of the equipment by other than Symco Group personnel, Symco Group shall not be liable for loss or damage to CUSTOMER resulting there from. If Symco Group incurs additional service cost on behalf of the CUSTOMER as a consequence there of; CUSTOMER shall pay for Symco Group's cost. 4. SUPPLIES Maintenance charges do not include the furnishing of supplies (such as ribbons, cards, paper tape, paper forms, magnetic tape, or batteries). CUSTOMER shall use only supplies, which meet Manufacturers specifications, when the performance or maintenance of the equipment may be affected. If supply is in question, CUSTOMER will consult with Symco Group personnel prior to using anew /different supply. 5. SHIPMENT OF EQUPMENT (IF DEPOT MAINTENANCE) a The parties agree that the method of equipment packaging and shipment, both to and from the Service Depot, shall be in accordance with commercially reasonable standards, consistent with the nature of the equipment and the hazards of transportation and handling. CUSTOMER agrees to package the equipment along with its service log in an authorized Symco Group container for shipment to the Service Depot. Symco Group agrees to return the serviced equipment to CUSTOMER in an authorized Symco Group container. b. All transportation expenses will be borne by CUSTOMER 6. CHARGES AND PAYMENTS a CUSTOMER agrees to pay maintenance charges submitted by Symco Group of a correct invoice thereof. Invoices shall be submitted on or about the first day of each period for which services are to be provided. b. A late payment charge of 1.5% per month, compounded monthly, shall apply to any payment due from the CUSTOMER that is in arrears for a period exceeding thirty (30) days. c. This agreement may be suspended by Symco Group, if payment is not made after 30 days. If payment is 60 days laze, Symco Group reserves the right to terminate this agreement. c. If CUSTOMER should perceive non-performance, the Symco Group contract allows for a sixty day "out" based on the following specifications and procedures: • CUSTOMER notifies Symco Group of problems / dissatisfaction in writing • Symco Group has thirty days to rectify to CUSTOMER satisfaction. If not resolved, CUSTOMER has the right to terminate the contract within thirty 30 days. 7. PREPAYMENT OPTION For customers choosing a prepay discount. It is understood that CUSTOMER is receiving a discount by choosing this option. Vendor shall not be required to refund any prepayment. The only exception would be for Non- Performance outlined in Item 6c of this agreement. S. SYMCO GROUP MARKETING Unless otherwise stated, CUSTOMER agrees to allow Symco Group to publish a press release on the Symco Group website. If required by CUSTOMER, prior to publishing the release Symco Group will email subject matter to CUSTOMER for input and approval. Page 1-3 SYMCO GROUP INCORPORATED MAINTENANCE AGREEMENT 18061995 (Rev-3) income) levied or imposed by reason of the transactions under 9. CUSTOMER INSTALLATION RESPONSIBII.ITIES this agreement. CUSTOMER shall, upon demand, pay to CUSTOMER shall: (I) continuously maintain a log of Vendor an amount equal to any such tax(es) actually paid or hazdwaze errors, so that Symco Group Engineers can required to be collected or paid by Vendor. troubleshoot problems. This log needs to be available to Symco Group upon request, (In continuously maintain 12. CUSTOMER RESPONS1iBLITIES environmental conditions, electrical requirements and site It is understood that it is the CUSTOMER'S responsibility to facilities in accordance with Manufacturers recommendations license all software applications that are used on the and specifications, (III) not abuse or misuse the equipment, equipment supported by Symco Group. CUSTOMER and (IV) insure that CUSTOMER personnel are adequately understands these responsibilities and will hold Symco Group trained to operate equipment. harmless for any and all applications that are not properly licensed. 10. GENERAL CONDITIONS a The equipment must be in good operating condition on the 13. CONFIDENTIALITY Effective Date of this Agreement, as determined by Either Party and its employees may learn of Confidential CUSTOMER and Symco Group. Information (as hereinafter defined) of the other party or it b. Symco Group is not obligated under the terms of the may be desirable or necessary for a party to disclose Agreement to repair damage to equipment caused directly or Confidential Information to the other party and its employees. indirectly as a result of accident, negligence, or abuse of or by Both Parties and their employees understand that Confidential CUSTOMER or third parties, failure of CUSTOMER to Information is valuable and proprietary to the disclosing parry maintain required environmental conditions; causes external to and/or its affiliates (and/or to third parties that have entrusted the system such as electric power fluctuations or failures; the Confidential Information to the disclosing party and/or its terrorism, fire, windstorm, the elements, or acts of God; or affiliates). As such, both parties and their employees agree to attachment of non-qualified equipment or features to the hold all Confidential Information of the other party in strictest equipment by CUSTOMER or third-parties. Such repair will confidence and, except as required under this Agreement be rendered only upon specific order by CUSTOMER, and , neither party nor its employees will at any time directly or after approval by CUSTOMER of the estimated charges indirectly, use, publish, disseminate, describe or otherwise thereof. disclose Confidential Information of the other party in any c. This agreement shall be mutually transferable with the consent form to any person or entity without the other party's express of the other party which consent shall not be unreasonably prior written consent. The term Confidential Information shall withheld, and shall remain in effect until terminated as herein include, but shall not be limited to: (a) customer and provided. If CUSTOMER is unhappy with the assignment of prospective customer lists, and details of agreements with the contract, the contract can be cancelled immediately, with customers; (b) acquisition, expansion, marketing, financial and d. no penalty. With a 60 day notice, Symco reserves the right to terminate other business information and plans; (c) research and development data; (d) data concerning customers business this agreement if the revenue in the temtory does not support practices or any other data compiled by you or any of your the field service engineer that is supported. affiliates; (e) computer programs; (fj information concerning e. This agreement shall be carried out to its entirety. If sources of supply; (g) information regazding the identity of CUSTOMER wants to cancel the agreement prior to specialized employees and vendors and Confidential completion, CUSTOMER agrees to pay Symco the remainder Information developed by them for a party and/or its affiliates; of the balance of the contract upon date of termination. (h) purchasing, operating and other cost data; (i) special f. IN NO EVENT SHALL EITHER PARTYBE LIABLE FOR customer needs, cost and pricing data; (j) employee LOSS OF PROFITS, INDIRECT, SPECIAL, information (including, but not limited to, personnel payroll CONSEQUENTIAL OR OTHER SIMILAR DAMAGES , , compensation and benefit data and plans); and (k) Identifiable ARISING OUT OF ANY BREACH OF THIS AGREEMENT. information, including all such information recorded in g. This agreement may not be amended except in writing signed manuals, memoranda, projections, minutes, plans, drawings by an authorized representative of CUSTOMER and a Symco , designs, formula books, specifications, computer programs Group Officer. This agreement constitutes the entire and records, whether or not legended or otherwise identified agreement between the parties and supercedes all prior by the disclosing party as Confidential Information, as well as communications, proposals or agreements relating to support such information that is the subject of meetings and service of the equipment and solutions. discussions and not recorded. Confidential Information shall 11 TAXES not include such information that is generally available to the . CUSTOMER shall pay, in addition to the amounts payable public (other than as a result of a disclosure by the receiving party or its employees) or that is disclosed to ith i under this agreement, all local, state, and federal excise, sales, e er party or ts employees by a third party under no obligation to keep such use, personal property, gross receipts and similar taxes information confidential. Both parties shall comply with all (excluding taxes imposed on or measured by Vendor's net laws relating to the privacy of any such Confidential Page 2-3 SYMCO GROUP INCORPORATED MAINTENANCE AGREENtENT 18~b1995 (Rev-3) Information. Further, both parties shall use,jts best efforts to safeguard Confidential Information of the other party from 15. access by unauthorized individuals and to ensure that its employees comply with the terms of this Section 16. This Section shall survive the termination of this Agreement. 14. ARBTTRATION It is agreed that any dispute relating to the terms, interpretation, or performance of this Agreement (other than claims for preliminary injunctive relief or other pre judgment remedies) shall be resolved at the request of either party through arbitration. Arbitration shall be conducted in Atlanta, Georgia through the Better Business Bureau of Metropolitan Atlanta under the rules and procedures of the American Arbitration Association ("AAA"). ACCEPTED• SYMCO GROUP, INCORPORATED 105 Satellite Boulevard Suwanee, rgia 30024 BY: ~ -~ (Authorized Signature) TITLE: G~ DATE: ~° 0 STATE OF GEORGIA It is agreed that laws of the State of Georgia shall govern without reference to the place of execution or performance of same. Tn any legal action or arbitration proceeding brought on account of a breach, the prevailing party shall recover from the other party all costs of litigation or arbitration, including reasonable attorney's fees. 16. CUSTOMER BY ITS SIGNATURE ACKNOWLEDGES THAT TT HAS READ THIS AGREEMENT, UNDERSTANDS TT AND AGREES TO ALL TTS TERMS AND CONDTTIONS. CUSTOMER: CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, California 92 02 BY: ~ (~T.:~t~ r ~ ~~ ~ . -. (Authorized Signature) TITLE:Fxecutiv Dir rtnr~ Finance DATE: 5 / 6 / 0 9 Page 3-3 ~~ S YMCO GROUP EQUIPMENT MAINTENANCE EXHIBIT Effective Days Per Week Monday - sundae ®On Site Maintenance Effective Hours Per Day 0000-2400 ^ Depot Maintenance Effective Date : July 1, 2009 ^ Phone and Tech. Support Reference Number 18061995 (Rev-31 Equipment Location ^If same as INVOICE To Invoice To Address Company CITY OF SANTA ANA Company CITY OF SANTA ANA Street 20 Civic Center Plaza Street PO Box 92702 City Santa Ana City Santa Ana State California State California Zip Code 92702 Zip Code 92702 Telephone 714-647-6958 Attention: Purchasing Division M-16 Contact Mr.Tom Gergen ~ht~~ ~f?iR~~~~ ~x3!I~ >: µ:` a~ , ~ ~ n.~sc~~~~~ ~ ~,~~ rrr;I , ,~, ~ f ~ ~in ena YaCF ~.` '+ ~fJ ti '~Y2rr, l s ~ Cfi~ rt. - of i z,? F f ~ Y~:' } << 1I~' ~ E ~ 7~j~`T~I ~ ~ f~ Y `1 I x.~F +Y< ~p v~ d _ 1~y..[~a p _ :`r.~ ~' `~1tii ~- . ' ,'' F E T ~ T ~, 'lea' `C I ~ i'ty ~`~ h'- ~ L 1 ~. < ky' ~y } ' , Y~ ~ ~ t ~ E F. .1 ~, i T E 'f f. M~V#~ 1J ~ ~ 8dy l ~ ~ 1 k ~ ~~ ~~~ ~~ ~4 . NE " ..~~` = d ~ <~ . 4 t ~ ~ 4 # :- I-eI -V ~I 1 V380 PACKAGE SYSTEM $2,521.27 1 V300-MEM 20 MB MEM MOD $313.77 1 V300-12 10 - 20 MEG MEM UPGRADE INCL 2 X246-92 DLP, PRINTER, HSSI $147.38 1 X395-93 DLP, FIPS, TAPE $73.69 1 X351-94 DLP, UNILINE $73.69 2 X310-91 DLP, SCSI, NEWDISK,180 BYTES /SECTOR $120.97 1 X310-91 DLP,SCSI, LAKDISK, 100 BYTES /SECTOR $685.00 1 X310-91 DLP,SCSI,PNC COMMUNICATION $61.24 2 69246-24 PRINTER, 2000 LPM $1332.22 1 BT3261 TAPE CONTROLLER, W / 1 DRIVE, 125 IPS $606.00 2 BT3266 TAPE DRIVE, SLAVE, 125 IPS $628.28 1 OSM-3000 SCSI DISK SUB SYS $326.41 Includes: 2 ea Cabinet, Dual P/S Includes: 14 ea 3.019 GB SCSI Disk Drives Includes: 20ea 100 MB SCSI, LAK Disk Drives 1 T27 TERMINAL, ODT INCL 2 HS4400-TD DAT TAPE DR, DIFFERENTIATED 99.25 TOTAL MONTHLY COST $6,364.63 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative q~;?RD CERTIFICATE OF LIABILITY INSURANCE OPID PF DATE(MMroDIYYYY) ~ SYMGO-1 ~ 11 12 08 P~ucER THIS CERTIFICATE IS ISSUED AS AIVIATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Burnette Insurance Agency, Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~ 3447 Lawrenceville Suwanee Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suwanee GA 30024-2402 Phone:770-339-8888 Fax:770-339-1442 INSURED . Symco Groupp, Inc. Symco Merchants Services Inc. Bruce BarC n• 105 S~tell~te Blvd. Suite 5 . Suwanee GA 30024 INSURERS AFFORDING COVERAGE INSURER A: Zurich U. S. InE INSURER B: Tile Hartford INSURER C: NAIC # THE F'OLIGIES Q1= IIVSURANC4 LI$TED BELOV.V HAVE SEEM 199UED TCj.TkIE INSu(~~'N{1MMf~ ABQYG'FQR.THE PQ~.fCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION QF ANY CONTRACT ©R OTHER OOCUMEN7' 11'VI'('H Fi~ESpEC7 TO WHICH TFIIS~ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDED BY THE'POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEf2MS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY~'AID CLAIMS.. LTR NSR TYPE OF INSURANCE POLICY NUMBER DgTE MMIDD DATE MMIDDIYIf LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, O O O, O O O A X COMMERCIAL GENERAL LIABILITY 040972979 07/31/08 07/31/09 PREMISES Eaoccurence $ 1,000,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 1 O , 0 O O . , PERSONAL & ADV INJURY $ 1, O O O, O O O GENERAL AGGREGATE $ 2, 0 0 0, O O O GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , 0 0 O , O O O X POLICY PRO JECT LOC ' AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO 040972979 07/31/08 07/31/09 (Eaeccident) $ 1, 000, 000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per persari) $ X HIRED AUT03 BODILY INJURY X NON-OWNED AUT09 (Per accldent) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILfTY AUTO ONLY - EA ACCIDENT $ ANY AUTO ~ NOT APPLICABLE OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCE$SNMBRELIA LIABILITY EACH OCCURRENCE $ 1, O O O, O O O A X OCCUR ~ CLAIMSMADE 040972979 07/31/0$ 07/31/09 AGGREGATE $ 1, 000, 000 DEDUCTIBLE $ X RETENTION $ O $ WORKERS COMPENSATIbN AND ' X TORY LIMff9 ER B LIABILITY EMPLOYERS ANY PROPRIETORIPARTNER/EXECUTIVE 20WBPR0442 11/28/08 11/28/09 E:L.EACryACCIDENT $ 100,000 OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 O O , 00 O If yyas descdbe under SPEGIIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 5 0 d , 0 0 O A OTHEfi BUSINESS -7?ROP$RTY 040972979 nsaLnc>~errr Lrosx s>+exa 07/31/08 07/31/09 BUSINESS $2.,334,000 PRO „ . : $ 5 0 0 DED I -......,.,~,,..,.......F..,.,,.,,..~.~......,,..,..~,.~r.,....~.~,c....w~nnwe~uucuurcnw~cacmc~~~arc~.w~rrtvviaia~vo - L1J t1~7 .• a CERTIFICATE CITY OF SANTA ANA M12 20 CIVIC CENTER PLAZA 'SANTA ANA CA 92701 i; 25(2001/08) ' ~ a, .....:. _ .,, ,.«~r~eY. CITYOI O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL l O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ' q D PRESE~Tj4TIVE - /!`' ©ACORD CORPORATION.1988