HomeMy WebLinkAboutPADCOM, INC. 1 - 2004
: . 'NSUR~t¡CE ON fiLE
. WO~h MAl PROCEED
UNTIL INSURANC~ ~PIRES
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CLERK O~ CO~Clk :( PURCHASE AND SERVICE AGREEMENT
DATEI if ~J-D
?\) THIS AGREEMENT, made and entered into this 2.f1å day of febru~ ,2004 by
t '.' and between Padcom, Inc. a Pennsylvania corporation (hereinafter "Vendor"), and t CIty of
-ç\W' Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
A-2004-0l5
RECITALS
A. The City desires to retain a Vendor having special skill and knowledge in the field of
wireless network communication services and products.
B. Vendor represents that Vendor is able and willing to provide such services and products
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 or products provided by
Vendor under this Agreement will be in compliance with such standards as may
reasonably be expected ftom a professional in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.
SCOPE OF WORK
Vendor shall supply the products and perform those services as set forth in Exhibit A to
this Agreement. All required federal, state or local permits and lic.enses shall be obtained by
Vendor at Vendor's sole cost and expense.
2.
COMPENSATION
City agrees to pay, and Vendor agrees to accept as total payment for its products and
services, the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $35,000.00 during the term of this Agreement.
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.
3.
TERM
a. This Agreement shall commence on the date first written above and terminate on
February 5, 2005, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended upon a writing executed by the Chief of Police and the City
Attorney and payment of any required fees for maintenance.
4.
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 an employer-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.
5.
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
insured(s) and shall include, but not be limited to protection against claims arising ftom bodily
and personal injury, including death resulting thereftom and damage to property, resulting ftom
any act or occurrence arising out of Vendor's operations in the performance ofthis 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 thereftom, 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 not less than $1,000,000 per accident.
2
d. 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 affect 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
insurance by the City.
6.
INDEMNIFICATION
Vendor shall hold and keep harmless the City and all officers, employees, volunteers and
agents thereof ftom damages, costs or expenses in law or equity that may at any time arise or be
set up because of injuries to or death of persons or damage to, loss, or theft of property, including
City's personnel and property, or ftom any claim that Vendor's services or products infringe a
proprietary right, patent or copyright arising by reason of, or in the course of, Vendor's or
Vendor's contractors, subcontractors, agents, employees, or other persons acting on their
behalfs negligent performance of this contract; arising out of Vendor's or Vendor's contractors,
subcontractors, agents, employees, or other persons acting on their behalf s performance of this
contract, and Vendor, at its own expense, cost and risk, shall defend, with counsel appointed by
City, any and all actions, suits or other legal proceedings that may be brought or instituted
against the City or officers, employees, volunteers or agents thereof on any such claim or
demand, and payor satisfy any judgement that may be rendered against the City or officers,
employees, volunteers or agents thereof in any such action, suit or legal proceedings. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
7.
CONFIDENTIALITY
If Vendor receives ftom 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 oflike 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 ofthe 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 ofthe 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:
Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
Santa Ana, California 92702
telefacsimile (714) 245-8007
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:
Padcom, Inc.
2005 City Line Road #300
Bethlehem, PA. 18017
telefacsimile (610) 882-9516
Attn:
General Counsel
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
4
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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 ftames, 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 ofthe 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 ofthe services which are the subject to
this Agreement performed by City personnel or by other Vendors retained by City.
12.
TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. 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
and return all software as noted in documentation, subject to the following conditions:
a. As a condition of such payment, the Chief of Police may require Vendor to deliver to the
City all work product completed as of such date, and in such case such work product shall be the
property of the City unless prohibited by law, and Vendor consents to the City's use thereof for such
purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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 government and construed in accordance with the laws ofthe 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 ofthe 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 ofthis
Agreement.
16.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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.
a. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
17.
WARRANTY.
Vendor warrants the products per this Agreement against defects and workmanship.
Vendor warrants that the software and associated services shall function as described in Exhibit
A for a period of ninety days ftom the initial date of shipment of the software. Software licensed
by the City is warranted for the first ninety days after shipment; hardware, if any is noted in
Exhibit A, is warranted for the first year after shipment. For the remaining portion ofthe initial
year software is licensed, software is covered under maintenance ifmaintenance is noted in
6
Exhibit A. The warranties as stated herein are exclusive of software licensed under this
Agreement and as noted in Exhibit A which is a continuation of a previous license, such software
is covered under maintenance and is excluded ftom any warranty. Vendor shall make a
reasonable determination of the damage to the product by requesting the product to be sent, at
City expense, to Vendor for evaluation. Following evaluation the product shall be returned to
City at Vendor's expense. This warranty provides specific legal rights, however more rights may
be available under California law.
18.
DELIVERY
All transportation and delivery charges shall be prepaid by Vendor. Failure of Vendor to
deliver all of the products identified in Section 1.0 within the timeftames specified herein will, in
CITY's discretion, allow cancellation of this Agreement. Ifthe Agreement is canceled for
Vendor's failure to deliver all of the products identified in Section 1.0 of this Agreement, CITY
shall, at Vendor's expense, return all products that have been provided to the CITY under the
terms ofthis Agreement.
Alternatively, in the event CITY does not desire to cancel the Agreement for late
delivery, Vendor may be assessed a late delivery assessment for any delay in delivery (except
those beyond the Vendor's reasonable control) beyond the agreed upon date in an amount equal
to the expenses incurred by the CITY due to the delay; including but not limited to expenses
such as rental oflike equipment to fulfill the need while awaiting late delivery, added cost of
manpower or other resources, or other costs as can be shown to have resulted ftom delaying
receipt of the ordered goods. The penalty will be deducted from the amount due to Vendor under
this Agreement, but this penalty will not exceed 15% of the contract total.
Destination for delivery shall be:
City of Santa Ana
Police Department
60 Civic Center Plaza (M-97)
Santa Ana, California 92702
19.
INSPECTION
Unless otherwise stipulated, goods purchased will be inspected at the CITY's receiving
points and there accepted or rejected. The expense of subsequent tests due to failure of goods
first offered will be charged against Vendor.
20.
DEFAULT
In case of default by the Vendor of any of the conditions of this Agreement, Vendor
agrees that the CITY may procure the articles or services (not applicable to any hardware
manufactured by Vendor) ftom other sources and may deduct ftom the unpaid balance due
Vendor or may invoice the Vendor for excess costs so paid plus reasonable administrative costs.
7
Prices paid by the CITY shall be considered the prevailing market price at the time such
purchase is made.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
~'H;~
Clerk õfthe Council
~tZ-
DA Vill N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Mike Vigliotta
Assistant City Attorney
APPROVED AS TO CONTENT:
VENDOR
(J)uJ {J~
Paul M. Walters
Police Chief
~d-Ih:~~
(N E:þ~C<~)~s 1 (Iedn(
(TITLE) ('1. . l" CEO
2~ - z-(Pfo:l~<tJ1
Ernployer ill # or Individual SS #
Exhibit A
Description of
TotalRoam MCS Server uDarade
MCS-IPS-Q1
TotalRoam MCS uDarade for IP-based client
MCS-IPU-01 (unit price for additional client license) (includes gO software warranty)
TotalRoam 4.0 uDarade
Totalraom 4.0 upgrade is available 02 '04 and is free to customers with maintenance
agreements
TotalRoam MCS additional Client software licenses
MCS-IPS-01
TotalRoam Software
Hardware Accessories
ACC-860-GPRS Roof mount GPRS antenna. through hole 12 foot cable
AccesSOOes Total
Maintenance
MAIN-TRC-001
MAIN-TRG-001
SUPP-HOU-ENG
Total Roam Software Maintenance on additional 100 licenses
Total Roam Software Maintenance on existing 150 licenses
Systems Engineer. typical hourly billing rate
Services Total
systent~tal
Proud to Serve Promotion Credit
Hardware to Software solution conversion credit
TotalRoam 4.0 credit purchase of maintenance agreement)
Totaí~tam Cost
Price
Total
0.00 $ 0.00
150 75.00 $ 11.250.00
150 50.00 $ 7.500.00
100 100.00 $ 35.000.00
$ 53,750.00
160 TBD $ TBD
$ 8,000.00
.75
1
$ 8.325.00 $
$ 13.500.00 $
$ 160.00 $
6.244.00
13.500.00
TBD
$ 19,744.00
$ (11,250.00)
$ (35,000.00)
$ (7.500.00)
$ 27,744.00
NOTES:
Information obtained from Padcom quotation #O4-0108-KE
Maintenance fees are 18% of the total software license fees paid and wiil he prorated to coincide with the annual renewal date of
the customers existing maintenance software agreement (Feb 25. 2004).
Padcom TotaJRoam MCS new/upgrade software license price includes a 90 day software maintenance.
Typical Payment Terms: Net 30
90 day warranty provided on TotalRoam@ software being provided under an initial license. Continued license for software
initiaily provided under another agreement is covered under Maintenance.
Entries with a "TBO" format are considered customer deliverables and are not contained within the total cost.
10
OEM hardware equipment watTanty varies depending on vendor.
Taxes and shipping not included unless noted.
All travel and living will be invoiced at cost.
Tenns and conditions are as stated in Padcom's End User License Agreement
All quotations and subsequent payment amounts are stated in U.S. dollars.
11
from:.Sa",an'" Rambo At: Lyons Insurance FaxlD: 302-658-1253 To: Laura Sheedy
Date: 412/04 04:06 PM Page: 2 ot 2
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID s~ OATE (MMlOÜfff'fY)
PADCO-1 04/02/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lyons Insurance Aqency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Powdermi11 Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3844 Kennett Pike, suite 210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
wilmington DE 19807
Phone:302-658-5508 Fax:302-658-1253 ' INSURERS AFFORDING COVERAGE NAiC #
INSUREO INSURER A st. Paul companies 24767
INSURER B The progressive Companies 10192
~~c~i1I~'c. rritz, Jr. ¡N&URER c
~~~~l¡fi~ ¡ln~8Sî~d, Ste 300 INSURER 0
INSURER E
COVERAGES
THE POLICIES OF "'SUR'~CE LlS'lED BELOW ".'.VE BEEN ISSUED TO THE "'SURED ""MED ABOVE FOR THE POLICY PERIOD "'D!C.'.1ED, NOTW!THST.'NDING
ANY RCQUiRCMCriT, TI:RM OR CGOIDmON Of ANY CCITR'.OT OR OTII[R DOOUMUIT wm: R[SP[CT TO V"~ !iO: : T! !IS ceRTifiCATe I!AY DC ISSUeD OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMiTS SHOWN MAY HilVE BEEN REDUCED BY PAID CLAIMS
DATE (MMIOONV) DATE (MMIODNV) LIMITS
EACH OCCURRENCE $1,000,000
07/27/03 07/27/04 PREMISES E' "'oo"" 1250,000
MED EXP (Aoy '" p""') $ 10,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGA'IE $2,000,000
PRODUCTS - COMPIOP AGG $2,000,000
COMBINED SINGLE LIMIT $1,000,000
08/20/03 08/20/04 (E, """"1
BODILY INJURY
(P"""d"l1
PROPERTY DAMAGE
(P"""d"'1
AUTO ONLY - EJ\ACCIOENT $
OTHER TH,oN EAACC $
AUTO ONLY AGG $
EACH OCCURRENCE $
ACCkcCAle $
$
$
$
07/27/03 07/27/04 $ 1000000
E L DISEASE- EAEMPLOYEE $ 1000000
E L DISEASE - POLICY LIMIT $ 1000000
POLICY NUMBER
VP06302482
LOC
B
X ANY AUTO
CA046942992
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
A ANY PROPRIETOR/PARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDEO?
It",.d""b",d"
SPECIAL PROVISIONS b,low
OTHER
WV16311503
A PERSONAL PROPERTY
(SPEC:rAL rOIUlll)
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES f EXCLUSIONS ADDEO BY ENDORSEMENT f SPECIAL PROVISIONS
RE: THE CITY or SANTA ANA, ITS OFFICERS, EMæLOYEES, AGENTS, VOLUNTEERS &
REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED AS RESPECTS TO THE
GENERAL L:rABILITY.
VP06302482
07/27/03
07/27/04
$1000000
$1000.
LDaT
DEDUCT.
CERTIFICATE HOLDER
I
CANCELLATION
SANTAAN
SHOULD ANY OF THE ABOVE OEseRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
U'" 'H'.'U'. 'H">SUON" 'N"U.'. W""NU""VU. IU MAIL 10 UArs W.""N
THE CITY or SANTA ANA
20 CXVJ:C CENTER PLAZA
NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT. BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
--.. n -----
.. ~n.T""".......~.-
.
...~erft'.BY: LYONSINSURANCE;
302 658 1253;
Mar-9-0410:44AM;
Page 2/2
EXIDm B
ADDITIONAL INSURED ENDORSEMENT
FOR COMM$R,CIAL GENERALLIA13ILI1Y PQLICY
InsLlnwce Company st . Paul 11:~re & Marine In". Company
This cwdoJ;$ement modifies suÇh insurance as is afforded by the provisions of Policy
# VPO6302482 relating to the following:
1. The City ofSBIrta Aua, 20 ciVic C~1cr Plaza, Santa An.!\, California 92701; its
officers, employees. ag<mts. volunteers and rq,resentmive$ re Ð&IIIcd as additional insuredl
("additiona! inluredS") with regard to liability and dtfCDSC of 1UÌ!s arising ftoIn the opcnrtion:¡
and uses performed by or on hd1a1f of the named insured.
2. With respect to claims arlsingoutofthoopcøtionl and uses performed by orOD
beha1f of the IWneci insured, such WsllNllœ l1li II <Úforded by this policy is primary and i& not
additionaJ to or contributing with any other jnS1Jr8DCe carried by or for the beneÍ1t oftbe
additionãJ imuredß. "
3. This insurançe applies ~parately to ea.::h in$umI against whom cJaim is made or
suit is brought except with respect to the co~y's limits ofliäbility. The inclusion of any
pCIJOn or organization as an insured IhalI Dot affect any right which suc.l1 person or oI'gani~on
would have as a claimant ¡fnot so included.
4. With respect to tÞe additional insu:teds, this insurance sba.ll not beeanceUed, or
materially red¡¡,çed ín coverage or limits cxçept after thirty (30) day¡; written notiOð has been
given to the City of Santa AM, 20 Civic Center pJ&za, Santa Ana, California 92701.
(Completion of the following, including COUfItmignAture, is required to make tbi$ flDdorsemeQ.t
effective.)
EffectiVè
Policy #
Issued to
Julv 27, 2004
VPO6302482
0 Inc. .
, this endol'UlDent form as a part of
N&IIIed Insured
Countersigned by
~ Z/t
Authorized
Richard J
9
'~Rb_
CERTIFICATE OF LIABILITY INSURANCE
OP 10
PADCO-1 07 06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
05
PRODUCER
Lyons Insurance Agency, Inc.
Powde~ill Square
3844 Kennett Pike, Suite 210
Wilmington DE 19B07
Phone:302-65B-5508 Fax:302-658-1253
INSURED
A- ,?,OOJ.j.- 0)5
INSURERS AFFORDING COVERAGE
INSURER A: St. Paul Com anies
INSURERS: The Progressive Companies
INSURER c:
INSURER 0
INSURER E
NAIC#
24767
10192
Padcom Inc.
Mr. William C. Fritz, Jr.
2005 City Line Road, Ste 300
Bethlehem PA 18017
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VvHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOVlIN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER PDATE;MM/DDNYI- P DATE. /MJ;b'1fJ!,~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE .1,000,000
- 07/27/05 07/27/06 ~~~~~~~ (E~~~~~nce) .250,000
A X X COMMERCIAL GENERAL LIABILITY VP06302482
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) .10,000
- PERSONAL & ADV INJURY .1,000,000
GENERAL AGGREGATE .2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfO? AGG .2,000,000
I ,nPRO- nLOC E&O 1,000 000
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- .1000000
A ~ ANY AUTO 04694299-3 08/20/05 08/20/06 (Eaaccidenl)
ALL OVIINED AUTOS BODILY INJURY
- .
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- .
NON-OVlfNED AUTOS APPRO V -'f) (?eraccident)
- AS fO IFO RM
- I~ PROPERTY DAMAGE .
\ (Per accident)
GARAGE LIABILITY -- .-~l ," Ji/l AUTO ONLY - EA ACCIDENT .
~ ANY AUTO Laul, t Stitt ()l~:,:t~' EA ACC .
AssJ.sta. t . -.,',~ y OTHER THAN
Cllv I- ", AUTO ONLY: AGG .
EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE .4000000
A ~ OCCUR D CLAIMS MADE VP06302482 07/27/05 07/27/06 AGGREGATE .4000000
.
~ DEDUCTIBLE .
RETENTION . .
WORKERS COMPENSATION AND X I Tb~i ~I~:~S I I U ~~-
A EMPLOYERS' LIABILITY WVA6311503 07/27/05 07/27/06 .1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH Jl..CCIDENT
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE .1000000
If yes, describe under .1000000
SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT
OTHER
A PERSONAL PROPERTY VP06302482 07/27/05 07/27/06 1,250,000 LIMIT
(SPECIAL FORM) $1000. DEDUCT.
DESCRIPTION OF OPERATIONS I LOCA TIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS &
REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED AS RESPECTS TO THE
GENERAL LIABILITY.
CERTIFICATE HOLDER
SANTAAN
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL. ENDEAVOR TO MAIL ~ 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.
AU R~Z P IJI!I'> NTATIVE
,r. / ~
@ ACORD CORPORATION 1988
THE CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
ACORD 25 (2001/08)
. .
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP 10 DATE (MMJDDNYYY)
PADCO-1 07 06 05
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POliCIES BELOW.
PRODUCER
Lyons Insurance Agency, Inc.
powdermill Square
3844 Kennett Pike, Suite 210
Wilmington DE 19807
Phone:302-658-5508 Fax:302-658-1253
INSURED
Padcom Inc.
Mr. William C. Fritz, Jr.
2005 City Line Road, Ste 300
Bethlehem PA 18017
INSURERS AFFORDING COVERAGE
INSURER A: St. Paul Com anies
INSURERS: The Proqressive Com
INSURER C
INSURER 0:
INSURER E
anies
NAIC#
24767
10192
COVERAGES
THE POLICIes OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOVlIN MAY HAVE BEEN REDUCED BY PAID CLAIMS
lTR NSR TYPE OF INSURANCE POLICY NUMBER PDA ~E ;MMIDDIYY DATE MJ;h~J!gN LIMITS
GENERAL LIABILITY EACH OCCURRENCE .1,000,000
- 07/27/05 07/27/06 ~~~~~~J (E~~~~~nce) .250,000
A X X COMMERCIAL GENERAL LIABILITY VP06302482
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .10,000
- PERSONAL & ADV INJURY .1,000,000
- GENERAL AGGREGATE .2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG .2,000,000
I ,nPRO- n E&O 1,000 000
POLICY JECr LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- .1000000
A ~ ANY AUTO 04694299-3 08/20/05 08/20/06 (Eaaccidant)
ALL OVIINED AUTOS BODILY INJURY
- .
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- .
NON-OVIINED AUTOS (Per accident)
-
- PROPERTY DAMAGE .
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT .
==1 ANY AUTO OTHER THAN EAACC .
AUTO ONLY AGG .
5ESS/UMBRELLA LIABILITY EACH OCCURRENCE .4000000
A X OCCUR D CLAIMS MADE VP06302482 07/27/05 07/27/06 AGGREGATE .4000000
.
==1 DEDUCTIBLE .
RETENTION . .
WORKERS COMPENSATION AND X IT~~YS~~T+'s I IOJ~-
A EMPLOYERS' LIABILITY WVA6311503 07/27/05 07/27/06 .1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE .1000000
~~~(:I~tS~~b6v~~~6~s below E.L. DISEASE - POLICY LIMIT .1000000
OTHER
A PERSONAL PROPERTY VP06302482 07/27/05 07/27/06 1,250,000 LIMIT
(SPECIAL FORM) $1000. DEDUCT.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CITY OF SANTA ANA IS INCLUDED AS ADDITIONAL INSURED UNDER THE GENERAL
LIABILITY.
CERTIFICATE HOLDER
THE CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
CANCELLATION
SANTAAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 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.
AU R~Z ~
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
Af-ORb_
CERTIFICATE OF LIABILITY INSURANCE
OP ID DATE (MMIDD1YYYY)
PADCO-1 07 06 05
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Lyons Insurance Agency, Inc.
Powdermill Square
3844 Kennett Pike, Suite 210
Wilmington DE 19807
Phone: 302-658-5508 Fax:302-658-1253
INSURED
padcom Inc.
Mr. Wi11iam C. Fritz, Jr.
2005 City Line Road, Ste 300
Bethlehem PA 18017
INSURERS AFFORDING COVERAGE
INSURER A: St. Paul Companies
INSURER B The Progressive Companies
INSURER C
INSURER 0
INSURER e"
NAIC#
24767
10192
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VllHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLlCIES_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (M~r~8~E DATE MMIDDNY1' LIMITS
~NERAL LIABILITY EACH OCCURRENCE .1,000,000
A X X COMMERCIAL GENERAL LIABILITY VP06302482 07/27/05 07/27/06 PREMISES (Ea occurence) .250,000
1 CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .10,000
PERSONAL & ADV INJURY .1,000,000
-
GENERAL AGGREGATE .2,000,000
- .2,000,000
GEN'l AGGREGATE LIMIT APPLIES PER" PRODUCTS - COMPIOP AGG
4-h- PRO n
POLICY JECT lOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT .1000000
-
A ~ ANY AUTO 04694299-3 08/20/05 08/20/06 (Eaaccident)
- ALL OVv'NEO AUTOS BODILY INJURY
.
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BOOIL Y INJURY
- .
NON-OWNED AUTOS (Peraccidenl)
-
- PROPERTY DAMAGE .
(Peraccidenl)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
AUTO ONLY. AGG .
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE .4000000
A :!J OCCUR D CLAIMS MADE VP06302482 07/27/05 07/27/06 AGGREGATE .4000000
.
==1 aEDUCTIBLE .
RETENTION . .
WORKERS COMPENSATION AND ~Q~~lfsJ,.. _J~~t
EMPLOYERS' LIABILITY 07/27/05 f--
A ANY PROPRIETOR/PARTNER/EXECUTIVE WVA6311503 07/27/06 El. EACH ACCIDENT .1000000
OFFICER/MEMBER EXCLUDED? El. DISEASE. EA EMPLOYEE .1000000
If yes, describe under .1000000
SPECIAL PROVISIONS below E.l. DISEASE - POLICY LIMIT
OTHER
A PERSONAL PROPERTY VP06302482 07/27/05 07/27/06 $1000000 LIMIT
(SPECIAL FORM) $1000. DEDUCT.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CITY OF SANTA ANA IS INCLUDED AS ADDITIONAL INSURED UNDER THE GENERAL
LIABILITY.
CERTIFICATE HOLDER
THE CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
CANCELLATION
SANTAAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 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.
AU NTATlVE
ACORD 25 (2001/08)
@ACORDCORPORATION1988