HomeMy WebLinkAboutANACOMP, INC. 2 - 2001City of Santa Ana C ?>
Clerk of the Council
AGREEMENT TERMINATION FORM
COTC Office Use Only
..y
210M ?EP 23 PM It t Y
Please complete this form when the attached agreement and all I
amendments (if any) are no longer in effect. CITY! Gi! TA ANA
CLEIR1?: ;UNCIL
Return form to the Clerk of the Council Office (M-30).
The agreement with r/ ?'LlC dip A" "e No. IV- a-OD! was completed on 3
0 0 3 ?" K
(List all amendments. Use space below if needed.)
9- 23
Department: ??//lT/?(r r{?? '?-S
Phone/Ext.: /? ?O-`So
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Signature:
Date: 0
Revised 04-12-10
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N-200 1-202
I~!SU?:'~:CE ON r-I~~D AGREEMENT BETWEEN THE CITY OF SANTA ANA
\NG; ,:(i,~,\y :f~v ~_c PIRES AND
Ui'mL~~~~~E2L ANACOMP, Inc.
CLE'IK OF COOt-lCll.
DA'fE: P-!IO/IJ/ THIS AGREEMENT, is made and entered into this 01 st day of November, 2001, by and
c.' FIt\S between the City of Santa Ana, a charter city and municipal corporation duly organized and
. fIN, existing under the Constitution and laws of the State of Cali fomi a ("City") and ANACOMP, Inc.,
an Indiana corporation ("Vendor").
RECITALS
A. The City desires to retain a Vendor having special skill and knowledge in the field of data
imaging services.
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 firm
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. Terms and Conditions
The term of this Agreement shall be for a period of one year, beginning on December 01,
2001, and ending on or before 30 November 2002.
All terms and conditions more fully set forth in the following shall have full force and
effect in this Agreement:
a. Master Agreement For Data Imaging Services (Reference Number 10-21-01)
(Exhibit A)
b. CD-ROM Services Schedule to Master Agreement For Data Imaging Services
(Exhibit B)
Said terms and conditions are attached hereto as Exhibits A and B, which are incorporated
herein by reference.
The City will validate Vendor's parking for access and necessary visits in order to
perform the Scope of Services (for parking in the lot south of City Hall).
2. Scope of Services
The Vendor shall provide services as defined in Exhibit B.
'-; .... '1'''
,
3. Compensation
The City will pay to Vendor total compensation under this Agreement which shall not
exceed Eight Thousand Dollars ($8,000.00) during the period of this Agreement.
Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed. Payment need not be made for work that fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City, subject to City
accounting procedures.
4. Insurance
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 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 C upon execution of this Agreement and shall be approved in form by the City
Attorney.
Vendor shall also provide the City with proof of workers' compensation insurance and
automobile insurance as required by state law.
s. Independent Vendor
Vendor agrees that Vendor is an independent contractor and not an employer of the City
and all Vendor's personnel shall be employees of Vendor and not employees of the City. 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. Cancellation
Either party may terminate this Agreement for any reason upon thirty (30) calendar days
written notice to the other party. Written notice shall be given personally or sent through the U.S.
Mail, first class, certified, return receipt requested. Written notice is effective five days after
mailing.
7. Assignment
Inasmuch as this Agreement is intended to secure the specialized services of the Vendor,
Vendor may not assign, transfer, delegate, or sublet any interest therein without the prior written
consent of the City and any such assignment, transfer, delegation or sublease 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
2
~ ~. ~ '
services which are the subject of this Agreement performed by City personnel or by other
Vendor's retained by the City.
8. Conflict ofInterest Clause
Vendor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with the performance ofthe services specified under
this Agreement.
9. Certification of Nondiscrimination
By signing this Agreement, Vendor certifies that it does not discriminate in hiring or
treatment on the basis of race, color, creed, religion, sex, sexual orientation, age, marital status,
national origin, ancestry, physical handicap or medical condition.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
a municipal corporation of the
State of California
)c a cia E. Healy
. C erk of the Council
~JP(~
f David N. Ream
City Manager
.
APPROVED AS TO FORM:
Joseph W. Fletcher
CITY ATTORNEY
~:..[~
Lisa E. Storck
Assistant City Attorney
a, Executive Director
agement Services Agency
((-7-of
R [signature]
Bryan E. Craun
Senior Vice President, Sales
35-1144230
3
o ANACOMp.
MASTER AGREEMENT FOR DATA IMAGING SERVICES
This Master Agreement for Data Imaging Services ("Agreement") is by and between Anacomp, Inc, an Indiana corporation with
its principal place of business at 12365 Crosthwaite Circle, Poway, California 92064, ("Anacomp") and the following "Customer."
10-22-01
REFERENCE NUMBER
CUSTOMER Citv of Santa Ana
ADDRESS
20 Civic Center Plaza
CITY Santa Ana
STATE CA
ZIP
92702
STATE OF lNCORP.
1. SERVICES. Anacomp agrees to provide to Customer, and Customer agrees to purchase exclusively from Anacomp, the data
imagmg services set forth on the Services Schedulers) attached hereto ("Schedule") (collectively, the "Services"). Each Schedule
executed by the parties under this Agreement incorporates all of the terms and conditions of this Agreement. Customer
acknowledges that this is a requirements contract, and that Customer may not perform any of the Services Itself or purchase any
such Services from others during the term of this Agreement.
2. TERM. The Initial Term of this Agreement shall be for the period of time as set forth on the Schedule, and this Agreement
will be automatically renewed for successive like terms unless written notice of termination is given by either party to the other
not less than ninety (90) days prior to the end of the Initial Term or any successor term, as the case may be, witb termination
effective at the end of such term. Any additions or changes to Services to which Anacomp agrees shall be contained in a writing
signed by both parties.
3. CHARGES FOR SERVICES. Charges for Services will be those specified on the Schedule. Invoices to Customer shall be
sent to the address specIfIed above. Invoices for Services and other charges are due and payable upon receipt. For any invoices
not paid within thirty (30) days of the invoice date, Anacomp may charge Customer interest at the rate of
one and one-half percent (1 1/2%) per month from the invoice date, or the maximum permissible legal rate until paid. Anacomp
may change the prices set forth in this Agreement at any time during its term upon thirty (30) days advance written notice to
Customer; however such increase shall not exceed ten percent (10%) in any twelve (12) month period. Notwithstanding anything
herein to the contrary, Anacomp shall retain the right to increase its courier charges based on dollar for dollar increases that
Anacomp receives from its courier service provider. Customer is responsible for and shall pay all federal, state and local taxes
(including, but not limited to, all excise, sales and use taxes) based upon or arising out of the Services, excluding taxes based on
Anacomp's gross income.
4. PICK-UP AND DELIVERY. Customer may contract with Anacomp to pick-up and deliver source materials and output
media according to terms mutually agreed upon by the parties. However, Anacomp shall not be required to make any pick-up or
delivery unless an agent of Customer is present and available to provide requested assistance during the pick-up or delivery.
Anacomp shall have the right to reject any pick-up of source materials improperly packed by Customer unless Customer agrees to
pay Anacomp for such services.
5. MEDIA. If Customer furnishes source materials on magnetic tapes, or other input media, to Anacomp, in a condition which
is unsatIsfactory for processing, or which contain incorrect data or information, then Customer shall be required to pay for any
reasonable costs incurred by Anacomp to remedy the unsatisfactory condition.
6. CONFIDENTIALITY. Anacomp will utilize commercially reasonable efforts in safeguarding Customer's information and
data. Anacomp agrees not to divulge or disclose to third parties, or make any use whatsoever, of Customer's information and data
provided to Anacomp unless required by law. Anacomp shall be liable to Customer for a breach of the foregoing obligation only
m the event of a willful and material disclosure of such information or data by Anacomp, and then only m amounts up to the
limitations ofliability set forth in Section II below.
7. TRANSFER OF SERVICES. If the data processing operations of Customer are transferred to a different location, this
Agreement shall remain m eftect if Anacomp determines in its sole discretion that it is able to provide the same or comparable
levels of Services at such locations as are provided hereunder. Customer shall give Anacomp sixty (60) days advance written
notice of its intent to transfer its operations to another location. Anacomp shall then have thirty (30) days to inform Customer
whether it is able to continue providing the Services at the new location.
8. INDEMNIFICATION. Customer represents and warrants that it lawfully possesses all source material and has the authority
to reproduce such matenal in accordance with this Agreement. Customer agrees to defend, indemnifY and hold harmless
Anacomp from and against any and all claims, actions, suits, liabilities, losses, dama~es, costs, charges, penalties, attorneys' fees,
and other expenses of any nature (including, without limitation, settlement costs) mcurred by Anacomp that arise out of, are
connected with or result from a breach of Customer's foregoing representation and warranty.
9. DEFAULT. If either party is in material default under this Agreement and such default continues for thirty (30) days after
written notice thereof by the other party, then this Agreement may thereupon be terminated by such other party; provided,
however, that if Customer fails to pay any arnountpromptly when due, Anacoml' (in addition to any other rights it may have under
this Agreement, by law or otherwise) may at its election and without notICe: (i) terminate this Agreement; (ii) suspend
performance of this Agreement until the invoice is paid; andlor (iii) declare any unpaid balances immediately due. In addition,
Customer shall be liable for all costs and expenses, including reasonable attorney's fees, incurred by Anacomp to enforce
collection of any moneys due under this Agreement. In the event of any default by Customer, the parties agree that the minimum
monthly charge, if any, stated on the Schedule shall not be used as a measure of damages.
10. LIMITED WARRANTY. Anacomp shall exercise the same level of professional care commonly found in the data imaging
business m carrymg out the terms of this Agreement. Customer's sole and exclusive remedy for any breach of the foregoing
limited warranty will be, at Anacomp's oplton: (i) the repair or replacement of the defective output media by re-executing
Form 33-0025 (Rev. 01/01) (supercedes all previous editions) 1 of2
EXHIBIT A
"
Anacomp's imaging process (if possible); or (ii) the refund of any charges paid by Customer for the Services affected by such
breach. In addition, If any magnetic computer tapes or other source materials fumished by Customer to Anacomp are damaged
due to Anacomp's equipment or process, then Anacomp's sole obligation shall be to repair or replace the affected physical media
at its own expense and Anacomp shall not be liable for the loss of any data and information thereon. Further, Anacomp shall not
be responsible or liable in any manner for errors in data or information furnished by Customer as part of the source materials, and
if Anacomp's imaging process creates errors in data or information, then Customer's sole and exclusive remedy shall be those set
forth in items (i) and (ii) above. No claim will be allowed under the foregoing warranty unless Customer promptly notifies
Anacomp of such claim in writing within thirty (30) days after its receipt of the output media. THE FOREGOING LIMITED
WARRANTY IS ANACOMP'S SOLE WARRANTY FOR ANY SERVICES AND/OR PRODUCTS PROVIDED
HEREUNDER OR ARISING OUT OF THIS AGREEMENT, AND IS IN LIEU OF ALL OTHER REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING HEREBY FULLY DISCLAIMED.
11. LIMITATION OF LIABILITY. THE MAXIMUM AGGREGATE LIABILITY OF ANACOMP, ITS PARENT AND
SUBSIDIARIES AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, FOR ANY
DAMAGES, LOSSES OR INWRIES TO THE CUSTOMER, OR THOSE CLAIMING BY OR THROUGH CUSTOMER,
SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL CHARGES PAID OR PAYABLE BY CUSTOMER TO
ANACOMP FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE
CLAIMED. ANACOMP, ITS PARENT AND SUBSIDIARIES AND ANY OF THEIR DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS AND AFFILIATES, WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY
COSTS OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE PERFORMANCE, NONPERFORMANCE OR BREACH OF THIS
AGREEMENT, OR ARISING OUT OF THE DAMAGE OR DESTRUCTION OF ANY INFORMATION OR DATA
CONTAINED IN ANY SOURCE MATERIAL PROVIDED BY CUSTOMER OR OUTPUT MEDIA CREATED BY
ANACOMP, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR THE COST OF RECREATING ANY SUCH
INFORMATION OR DATA, EVEN WHEN ANACOMP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES OR CLAIMS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCTS LIABILITY OR OTHERWISE,
EVEN WHEN OTHER REMEDIES ARE IMPOSSIBLE, INEFFECTIVE, OR FAIL OF THEIR ESSENTIAL PURPOSE. THIS
LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INWRY OR TANGIBLE PROPERTY DAMAGE ONLY
WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
12. SOFTWARE. For purposes of this Agreement, "Software" shall mean all computer software and updates, enhancements and
derivative works of such software which are provided to Customer hereunder. Anacomp hereby grants Customer a nonexclusive,
nontransferable and nonassignable license, without right of sublicense, to use the Software in machine-readable form. Customer
shall not copy, modify, reverse engineer, decompile or disassemble any Software, nor shall Customer allow anyone else to do so.
All right, title and interest in the Software, includine; all inventions, patents, copyrights, trade secrets and other intellectual
property rights in the Software (collectively "ConfidentIal Information"), are and shall remain with Anacomp. Customer agrees to
(and ensure that its employees, agents and independent contractors) hold the Confidential Information in strict confidence and not
disclose the Confidential Information to third parties without Anacomp's prior written consent.
13. GENERAL. Anacomp may act in reliance upon any instruction, instrument, or signature believed to be genuine and may
assume that any employee of Customer giving any written notice, request, advice or instruction in connection with or relating to
this Agreement has apparent authority and has been duly authorized to do so, until Anacomp receives written instructions from
Customer indicating otherwise. Anacomp is not responsible for failure to fulfill its obligations under this Agreement due to causes
beyond Anacomp's reasonable control. This Agreement is to be governed by and construed in accordance with the laws,
excluding the conflicts laws, of the State in which the majority of the Services hereunder will be performed. This Agreement
constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes all previous
communications, representations, understanding and agreements, oral or written. This Agreement may be amended only in a
writing signed by both parties. If any' provision of this Ae;reement is held by a court of competent jurisdiction to be invalid or
unenforceable, then that provision WIll be severed from thlS Agreement and any remaining provisions will continue in full force
and effect. If Customer issues a purchase order, invoice or other instrument relating to the Services provided herein, then such
purchase order, invoice or instrument shall be for Customer's internal purposes only, and any terms and conditions contained
thereon, printed or written, shall not vary, add to or supersede the terms and conditions of this Agreement. All notices given
hereunder shall be in writing and shall be sent by regular mail to the parties at the addresses herein or at such other addresses of
which either party may give notice. Except for courier services, Anacomp may subcontract the performance of some or all of the
Services to a third party only upon Customer's written consent, which consent will not be unreasonably withheld. This Agreement
shall be binding upon and inure to the benefit of and be enforceable by the parties to this Agreement and their respective
successors and permitted assigns. This Agreement may not be assigned by Customer without the prior written consent of
Anacomp, which consent will not be unreasonably withheld.
IN WIT
ANACOMP,
By:
Name:
Title:
Date:
Address:
If-7-ur
By:
Name:
Title:
Date:
Address:
("CUSTOMER")
Tho~~1r
Manager, Information Services
10-22-01
20 Civic Center Plaza
Santa Ana, CA 9270 I
Mr. an Craun
Sr Yice President , Sales
3728 Phillips Highway #49
Jacksonville, FL 32207
20f2
o A'NACOMp.
CD-ROM SERVICES SCHEDULE
TO MASTER AGREEMENT FOR DATA IMAGING SERVICES
This CD-ROM Services Schedule ("Schedule") to Master Agreement for Data Imaging Services dated 10-22-01 ("Agreement") is
entered into by and between Anacomp, Inc. ("Anacomp") and City of Santa Ana ("Customer"). This Schedule incorporates the
terms and conditions of the Agreement. Any terms used below which are defmed in the Agreement sball have their respective
meanings set forth in the Agreement. The parties agree that in the event of a conflict between the Agreement and this Schedule, the
terms and conditions in this Schedule shall prevail. All other terms and conditions shall remain the same.
1. TERM. The Initial Term shall be for ~ Q) year(s) beginning 12-01-01.
2, SERVICES AND CHARGES:
ServicefProduct
Code
Description of Services
Charl!es
PER PAGE PRICING: (Tier)
00,001 - 20,000
20,001 - 40,000
40,001 - 80,000
80,001 - 150,000
150,001 and above
$.0155
$.0125
$ .0115
$.0105
$.0095
Duplicate CD (Concurrent)-including Anacomp viewer software
$ 25.00 each
Original CD -including Auacomp viewer software
$25.00 each
Duplicate CD (Post Production)-iucluding Anacomp viewer
software
$ 150.00 each
Service Integration Fee:
(Includes: initial job set-ups, programming & training)
$ 600.00
One time charge
Additional Job Setups / Programming Changes
$ 90.00 per hour
Custom Forms Overlay
$ 250.00 each
Pick up and Delivery
$ 20.00 per trip
Monthly Minimum Charge: When work is submitted
$ 500.00 Per Mth
THIS QUOTE EXPIRES 10/15/01
3. DATA TRANSMISSION. In the event Anacomp agrees to provide to Customer data transmission services utilizing certain
equipment installed at Customer's site ("DTS"), Customer agrees to pay the data transmission charges set forth ahove. Customer is
responsible for ensuring that the physical environment, including necessary hardware and/or software, is suitable for installation and
operation of the DTS. Anacomp agrees to provide Customer with reasonable technical support for the DTS. Customer acknowledges
and agrees that Anacomp owns all right, title and interest in and to the DTS, including any changes thereto. Customer assumes the
entire risk of loss to the DTS through use, operation or otherwise until the DTS is returned to Anacomp, and Customer shall return
the DTS in the same good condition and repair as when received, ordinary wear and tear excepted.
Fonn 33-00258 Rev. 8/00
10f2
EXHIBIT B
,
, r...
PRE-PRODUCTION FEES, INCLUDING, BUT NOT LIMITED TO, PROGRAMMING AND JOB SET -UP CHARGES,
SHALL BE DUE AND PAYABLE WHEN SERVICES ARE RENDERED.
ACCEPTED AND AGREED:
:~AOOMP ~ar-
Name: . B an Craun
Title: SrVice President, Sales
Date: 1/-7~1
CUSTOMER
~~~e: Th:!::;;i!:r-
Title: Manager Information Services
Date: 10-22-01
20f2
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....f.tAi~I::IUSAIi~C. . "i".',"i,".,""'<'",'""", .'. '.. _
'."'~E'RnFJ.e-A~E..OF',,'rNSURANCE CERTIFICATE NUMBER
,,,"",.....,,,,,,;;:>..:..:,.,,,:,,:0....,,.:...::0.:.:0::::.:.:',,..:....::..:.... ..n:., LOS-000225213-00
PRotJIlcER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
4445 Eastgate Mall, Suite 300 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
San Diego, CA 92121-1979 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Attn: Samantha Gilman 858 552 4298 COMPANIES AFFORDING COVERAGE
COMPANY
3210Q.-CAS- A TRAVELERS INDEMNITY CO OF CT
INSURED COMPANY
ANACOMP, INC. B
A TTN: CHRIS VAN DER WOERD
12385 CROSTHWAITE CIRCLE COMPANY
POWAY, CA 92064 C
COMPANY
D
COVERAGES .tlii~.o:$ttifle:.ilt~~~ii$.liWa"Plali!<ii$Ii~~.iIllli~I~,lily:l~il1i<!<I!'lII'li1i""t",fQi:tllll.PQi[<;!JP$r)i>ll.~BI$d'belo\v. ,2
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NO"TVollTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IJIIITH RESPECT TO Vv'HICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POLICY NUMBER POL.ICY EFFECTIVE POLICY EXPIRATION LIMITS
LT" , DATE (MM/DDfYY) DATE (MM/DDIYY)
A GENERAL LIABILITY , 260T046801 06/30/01 06/30/02 GENERAL AGGREGATE 1$ 2,000,000
7 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2,000,000
CLAIMS MADE [K] OCCUR PERSONAL & ADV INJURY $ 1,000,000
- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP A""'onenerson) $ 5,000
A AUTOMOBILE LIABILITY 260T044401 (AOS) . 06/30/01 06/30/02 $ 1,000,000
~ ANY AUTO COMBINED SINGLE LIMIT
A 260T045601 (TX) 06/30/01 06/30/02
A - 06/30/02
- ALL OYJNED AUTOS 261T247901 (MA) 06130/01 BDOIL Y INJURY $
SCHEDULED AUTOS (Per person)
- -
X HIRED AUTOS BODILY INJURY $
X NON-DWNED AUTOS (Per accident)
- I ~-
- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
jq ANY AUTO OTHER THAN AUTO ONLY: ' ....
EACH ACCIDENT $
I AGGREGATE 1 $
EXCESS LIABILITY EACH OCCURRENCE $
q UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND 260T039A01 (AOS) 06/30/01 06/30/02 X ' TO~m,WS 1 I uER'
EMPLOYERS' LIABILITY
A 260T042001-AZ,MA,OR,WI,MI 06/30/01 06/30/02 EL EACH ACCIDENT $ 1,000,000
- $ 1,000,000
THE PROPRIETOR! hlNCL EL DISEASE-POLICY LIMIT
PARTNERSIEXECUTIVE EL DISEASE-EACH EMPLOYEE. $ 1,000,000
OFFICERS ARE: EXCL
I"'"'"
j I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
CERTIFICATE HOLDER .'. >'> ....................i.i. . .................... .... ........ .
..........".., "..'" ",'
SHOULD AN'f OF THE POLICIES DESCRIBED HEREIN Be CANCELLED BEFORE THE EXPIRATION DATE THEREO .
mE INSURER AFFORDING COVERAGE WILL ~ MAIL ......3.D..- DAYS WRITTEN NOTICE TO n
CITY OF SANTA ANA APPROVED AS TO F l MIi.TIilCATE HOLDER NAMED HEREIN. R
ATTN: LYNDA KELLY
20 CIVIC CENTER PLAZA M-12~ Ii,
SANTA ANA, CA 92701 ~ ~OD '1
MARSH USA INC. ~~
MiKe Mathews ;,..-.'!!Ii',G. .... -
~~~~yS~~~:~ttO"~fY. .i; BY:
'..i.. M"'~I.!Ii.1 '. ..... ~ ''-.
.....
~ "
'POLIC1 NUMBER:
260T046801
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
CONTRACTORS
OWNERS, LESSEES
(FORM B)
OR
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF SANTA ANA
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) 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.
IF YOU ARE REQUIRED BY WRITTEN CONTRACT TO PROVIDE PRIMARY INSURANCE, THIS POLICY SHALL BE
PRIMARY AS RESPECTS YOUR NEGLIGENCE AND CONDITION 4 OTHER INSURANCE DOES NOT APPLY, BUT
ONLY WITH RESPECT TO COVERAGE PROVIDED BY THIS POLICY.
CG 20 10 11 85
Copyright, Insurance Services Office, Inc., 1984
APPROVED AS TO FORM
1; ura Sheedy
Deputy City Attorney
ICG2010P.5AM
'.
....
N --2001...0UJ:J....J
PRODUCER
Marsh Risk & Insurance Services
4445 Eastgate Mall, Suite 300
San Diego, CA 92121-1979
858-552-4200
CERTIFICATE NUMBER
LOS-000255092-OO
THIS CERl1ACATE IS ISSUED AS A MATTER OF 'NFOFtMAllON ONLY AND CONFERS
NO RIGHTS UPON THE CERllFtCATE HOLDER aruER THAN THOSE PROVJDED IN THE
POUCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED fI'( THE POUCIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
3210()-CA5-
COMPANY
A TRAVELERS INDEMNITY CO OF CT
INSURED
ANACOMP, INC.
A TTN: Chris Van Der Woerd
12365 CROSTHWAITE CIRCLE
POWA y, CA 92064
COMPANY
B
COMPANY
C
COMPANY
o
THtS IS TO CERTIFY THAT POlICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POliCY PERIOD INDICATED.
NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT lMTH RESPECT TO VlrtiICH THE CERTIFICATE M6.V Elf ISSUED OR MAY
PERTAIN, THE INSURANCE AffORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDmONS AND EXCLUSIONS OF SUCH POlICIES_ LIMITS SH~
MAY HAVE BEEN REDUCED BY PAID CLAIMS
co TYPE OF INSURANCE POlICY NUMBER POlICY EFFECTIVE POUCY EXPIRATION UMITS
llR DATE (MMIDDIYY) DATE (MMIDOIYY)
A GENERAL lJABtUTY TC2JGLSA-260T0468-02 06130102 06130/03 GENERAL AGGREGATE $ 2,000,000
COMMERCIAL GENERAL LIABILITY PRODUCTS. COMPfOP AGG $ 2,000,000
CLAIMS MADE ~ OCCUR PERSONAl & ADV INJURY $ 1,000,000
O'NNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
~E D~AGEi~IOfl&fire} $ 1,000,000
MED EXP A ~ '00 $ 5,000
A AUTOMOBILE UABlUTY TC2J-CAP-260T0444-02 06130102 06130/03 $ 1,000,000
COMBINED SINGLE LIMIT
A X ANY AUTO TC2J-CAP-260T0444-02 06130/02 06130103
A All OWNED AUTOS TRJUB-261T247902(MA) 06130102 06130103 ! BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODilY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE UABlUTY AUTO ONLY - EA ACCIDENT
AHYAUTO OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
EXCESS UABlUTY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
A WORt<ERS COMPENSATlON AND TC2JUB-260T039A02 06130I02 06130103
EMPLOYERS' UAIIUT'f
A TRJUB-260T042D-02 06130102 06130103 1,000,000
THE PROPRlETORl INet EL DISEASE-POlICY LIMIT 1,000,000
PARTNER&EXECUTIVE 1,000,000
OFACERS ARE: EXel EL DISEASE-EACH EMPlOYEE
DESCRIPTlON OF OPERATIONSILOCAnoNSlVEHICLESlSPEClAllTEMS (UJIITS MAY BE SUB,ECT TO DEDUCTIBLES OR RETENTlONS)
The City of Santa Ana, its officers. agents, volunteers and employees are named as Additionallnsured(s) per their contract wilh the Named Insured,
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
TIE INSURER AFFORDING COVERAGE M..L ENDEAVOR TO hl/lJl ----30 DAYS V'o'RITlEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAIlURE TO MIIIl SUCH NOTICE SH.O.U IMPOSE NO OBI..JGATlON OR
UABII.JJY OF NfY K1M'uPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES.
MARSH USA INC.
BY: Mike Mathews
~~~~
: -(.~
ADDITIONAL INSURED ENDORSEMENT
\...
Insurance Company Irc.lle \<<.s
This endorsement modifies such insurance as is afforded by the provisions of Policy
# ICt1b~~A'~DrO'(~ -c>uelating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701;
its officers, employees, agents and volunteers 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 canceled,
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 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective :s U \I'<!. ~O, 2-0 b 2- , this endorsement form as a part of
Policy # '\ (' ~L SA -7' O'-l.lo'T'> -02-
Issued to _CD Mp-=:t viI'.
Named Insured
Countersigned by ~ a. ~
/ Authorized-Representative
\.".
"2!1;t'1iBM
LEE S
Deputy City Attorney
EXHIBIT C
4
.
16/23/2002 12:43
, ,
858-848-5088
ANACOMP INC
PAGE 02/02
-.
h
ANACOMp.
October 18, 2002
Chris van der Woerd
12365 Crosthwaite Circle
Powa.y, CA 92064
To the City of Santa Ana,
I, Chris van der Woerd, am under a con!lactual relationship with the City of Santa Ana to
provide COM and CD ROM services and understand the City's insurance requirements.
While I ha.ve the necessary iusmance coveage plus the Additional Insured Endorsement,
as required, my insurance carrier Travelers Indemnity Company ofeT will not agree to
the cross-outs in the cancellation clause (bottom right hand corner).
Therefore, I Chris van der Woerd, on behalf of Anacomp, Inc., agree and promise that I
will personally provide the City with the required 30 days' notice should my coverage be
cancelled or materially reduced in amounts.
Very truly yours,
c~~~~
Chris van der W oerd
dw
, 2365 Crol!i1hwalte Circle, Powoy, CA 92064
lB..) 746.0086 FAX, (858) 848_5088
www~anClcomp.CllJm