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Home My WebLink AboutDATAMATIC, LTD. 1A-2005N-2004-025-01 FIRST AMENDMENT TO MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO MAINTENANCE AGREEMENT is entered into May 2, 2005, by and between Datamatic, Ltd., a Texas partnership ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement N-2004-025, dated April 5, 2004, (hereinafter "said Agreement") by which Consultant has provided maintenance and support for City automated meter reading system. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend said Agreement for an additional 20-months. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Maintenance Agreement, the parties agree as follows: I. Section 2.a, COMPENSA nON, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a monthly maintenance charge of$374.69. The total sum to be expended under this Agreement shall not exceed $4,500.00, annually, during the term of this Agreement. " 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: 'This Agreement shall commence on the November I, 2003 and terminate on October 31,2005, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for up to five consecutive one-year terms at the rates and charges in effect for this initial term, upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Maintenance Agreement on the date and year first written above. APPROVED AS TO FORM " v I ACORD- CERTIFICATE OF LIABILITY INSURANCE OPID J DATA-01 02 10 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 Compass Insurance Agency, Inc. Horizons Division 9101 LBJ Freeway, Suite 300 Dallas TX 75243-2057 Phone: 972-231-3600 Fax:972-231-3306 INSURED Datamatici LTD. Attn: Phi P.O. Box 940641 Plano TX 75094 ¡J- ;}oo 1-0 :;<,,5 INSURERS AFFORDING COVERAGE INSURER A: Chubb Group INSURER B: NAIC# INSURER c: INSURER D: INSURER E' 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 W'HICH 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I~~~ ~~~ TYPE OF INSURANCE POLICY NUMBER PD~~~1J~rJó'tW;E PM¡~I.,;EY MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE , 1000000 c- 501120 02/11/05 02/11/06 PREMæEs (E~~d~~nce) , 300000 A X COMMERCIAL GENERAL LIABILITY I I CLAIMS MADE ŒJ OCCUR MED EXP (Anyone person) '5000 PERSONAL & ADV INJURY , 1000000 GENERAL AGGREGATE ,2000000 ~'" AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG I $ 2000i!.Oq-~ ,nPRO- n POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT , 1000000 A ~ ANY AUTO 501120 02/11/05 02/11/06 (Eaeccident) --- I ALL OWNED AUTOS BODILY INJURY - I' SCHEDULED AUTOS (Per person) - -- ~ HIRED AUTOS BODILY 1NJURY , ~ NON-OWNED AUTOS (Pereccidenl) PROPERTY DAMAGE , (Per accident} GARAGE LIABILITY AUTO ONLY - EA ACCIDENT , ~ ANY AUTO ! ,.-....-- ¡ OTHER THAN EA ACC , - ----- ; AUTO ONLY: AGG , EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE ,5000000 A Ð OCCUR D CLAIMS MADE 501120 02/11/05 02/11/06 AGGREGATE , 5000000 - , ~ ~EDUCTlBlE ! ;$ X RETENTION '5000 , WORKERS COMPENSATION AND ,\PPROVElJ f S TO FOR M ITOv~Y~~I~~~S I IV~~~ - EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE /1LL EL EACH ACCIDENT , OFFICER/MEMBER EXCLUDED? tiel ;_.EL DISEASE - EA EMP~~ -'- ~PË(;I~tS~~~v~s?å~s below ------ I E.L DISEASE - POLICY LIMIT , laTHER .adra Sti }í"hCCÖY ! ,:,!S[<.mt Ci & Attorney i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named as additional insured in regards to the general liability policy. FX#712-647-3345 CERTIFICATE HOLDER CANCELLATION CITYOFS 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 City of Santa Ana Thorn Coughran PO Box 1988 Santa Ana CA 92702 ACORD 25 (2001/08) I . ~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the poiicy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. APPROVED AS TO FORM y-¿/ Laura Stitt Sheedy Assistant City Attornev ACORD 25 (2001/08) A QORDm CERTIFICATE OF LlA DATE (MMIDDNY) 06/22/2005 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. COMPANIES AFFORDING COVERAGE AMERICAN HOME ASSURANCE COMPANY PRODUCER Serial # A14403 AON RISK SERVICES, INC. OF FLORIDA 1001 BRICKELL BAY DRIVE, SUITE #1100 MIAMI, FL 33131.4937 800-743-8130 ADP TOTALSOURCE NH XXVIII, 10200 SUNSET DRIVE MIAMI. FL 33173 'ALTERNATE EMPLOYER: DATAMATIC, LTD. -- ---- --~ INC, N--;juo1-C,).5 I 10' ,:;i[,[yl-O,}.6 '01 I , COMPANY A INSURED COMPANY B COMPANY C COMPANY o IS CERTIFY THAT THE POLICIES HAVE BEEN ABOVE 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 B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, -~ I TYPE OF INSURANCE - r POLICY NUMBER r~~~~~~:~~i)E I-~~~~~~~~~iivi~ 1- LIMITS I GENERAL LIABILITY ' IGEN~~_~~~_GREG~TE ,___ ,I_~_ ~1~:~:LM:"DN:"2J^:~::R I I:EA:~C~H~OCI_~:C-~U;R~R-~E--~N.C;E~;0.::, -= !~ER'S & CON"TRACTOR'S PR01 I t --j rl ~~- \ ~:~~~i:::::;~:,:"=t: - I AUTOMOBILE LIABILITY I~ ANY AUTO COMBINED SINGLE LIMIT $ d ALL OWNED AUTOS BODILY INJURY $ '8' 'SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) i PROPERTY DAMAGE n.' GARAGE LIABILITY I"UT(}ONLY-EAAC~I~ENT " $ ANY AUTO I, OT~~~ n;~~Ul-; ()~~:- +- r=-- -~-__~"C~9C;;;~NT ,~ AGGREGATE $ ~CESS LIABILITY EACH OCCURRENCE _ ~.!.._ U UMBRELLA FORM I~~~EGA~E _=-- ',' OTHER THAN UMBRELLA FORM I X I we STATU. 'OTH_ A I~~:~~~~~~L~::I~;~TIONAND ,we 5230038 1 07/01/2005 I 07/01/2006 ~?~~Y;~~!;E\'~ L!'~__'$__ ~:~~~{,~~~~"" n;x~~ \Fl'RUViclJ AS ro FORM 1:~:::t~~:Lt:p~i:E 1:- 1,000,000 ---,- - ---- 1,000,000 1j)00~000 OTHER . // <'j )/l IUfa I, /. Stia . 'ceJy ,j\UliH Cit DESCRIPTION OF OF'ERATIONSlLOCATlONSlVEHICLESlSPECIAL ITEMS ALL EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADP TOTALSOURCE. INC:S PAYROLL. WILL BE COVERED UNDER THE ABOVE STATED POLICY 'THE ABOVE NAMED CLIENT IS AN ALTERNATE EMPLOYER UNDER THIS POLICY, '" CITY OF SANTA ANA ATTN: THOM COUCH RAN P.O. BOX 1988 SANTA ANA. CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE l.EFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE