HomeMy WebLinkAboutSYMCO GROUP , INC 2 - 2006
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WOI\K Mt;i \'RO EED
UNfIL INSURAN E EXPIRES
7- 31-00
CLERK OF COUNCIL
DATE: 1-31-'0("
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A-2006-155
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND
SYMCO Group, Incorporated
THIS AGREEMENT, is made and entered into this JCftl'ctay JiUl€ ,2006, 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
specialized computer maintenance.
B. Vendor represents that Vendor is able and willing to provide such services to the
City.
C. In undertaking the performance ofthis 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 oftheir mutual and respective promises, the parties hereto do
hereby state as follows:
I. Terms and Conditions
The term of this Agreement shall cover the period beginning on July I, 2006 and ending
on June 30, 2007. This Agreement shall have an initial one-year term, with the option to
exercise two one-year renewals upon mutual agreement of the parties, exercisable by the
Executive Director of the Finance and Management Services Agency and the City Attorney on
behalf of the City.
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.
1
3. Compensation
The City will pay to Vendor total compensation under this Agreement in an annual
amount which shall not exceed $64,200 annually for the first year. Price increases for each of
the two renewal options shall not exceed six percent (6%) annually as set forth in the Addendum
attached here to. Should either party terminate this Agreement prior to the termination date, a
prorated return ofthe amount prepaid shall be returned to the City.
Payment for the initial one-year term shall be made by the City upon Council approval,
subject to City accounting procedures. 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
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 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.
2
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 proofthat 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 oftermination. 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.
5. INDEPENDENT CONTRACTOR
Vendor shall, during the entire term ofthis 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 ofthis 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 ofthe 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
3
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 ofthe 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 ofthe 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
4
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
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 contlict 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.
II. 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
5
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 sixty (60) 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 oftermination, subject to the following conditions:
a. As a condition of such payment, the Executive Director 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 ofrace, 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 ofthe 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 ofthis 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 ofthe 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.
6
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 ofthe 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 ofthis Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
A~ /
/. ~-~>l- - ~\ /
Q~~
--------
~ PATRICIAE. HEALY
Clerk of the COilllCil
CITY OF SANTA ANA
-2iI /fri
ftotDA VID N. AM
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
LA' SHEEDY
Assistant City Attorne
RECOMMENDED FOR APPROVAL:
'::t('\r-..~~i:)."V ~,~:-.-
FRANCIS 0 GUTIERREZ
Executive Director
Finance & Management Services Agency
SIMCO Group, InC,orporated. ~
!2A/~~/~Jt/hJIJ~
VENDOR ~gna e) ~
Name: . ,4 n f'''l1-8 ~
Title: .& "" r-flf.,,,,1/
Tax ID# ' S-'cf - I '1?:i!o 5-
7
EXHIBIT f.\
SYMCO GROUP, INCORPORATED
18061995
(Reference Number)
EQUIPMENT MAINTENANCE AGREEMENT
1. TERM
The initial tarm of tha Agreement shall be i years from the date accepted and executed by an authorized representative of SYMCO (the "effective
date") and thereafter may be renewed on a YI!AR -to- YI!AR basis unless terminated by either party upon -'!!L days written notice
prior to the end of the then current term.
2. MAINTENANCE
a.SYMCO shall provide maintenance 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.
b.Parts necessary to the proper functioning of the equipment shall be furnished at no additional charge, except parts damaged by
causes listed in Paragraph B.b herein.
3. ATTACHMENTS
CUSTOMER agrees not to employ additional attachments, features, or devices to the equipment, make alterations to the equipment, or
permit the maintenance of the equipment by other than SYMCO personnel w~hout the written consent of SYMCO. SYMCO shall
not be liable for ioss or damage to CUSTOMER resulting therefrom, and CUSTOMER shall be liable to SYMCO for any service
costs incurred by SYMCO as a consequence thereof.
4. SUPPLIES
Maintenance charges do not Include the furnishing of supplies (such as ribbons, cards, paper tape, paper forms, or magnetic tape).
Only supplies which meet Unisys specifications shall be used by CUSTOMER when the performance or maintenance of the
equipment may be affected.
5. SHIPMENT OF EQUIPMENT (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 ~YMCO container for shipment to the
Service Depot. SYMCO agrees to return the serviced equipment to the CUSTOMER in an authorized SYMCO container.
b.AII transportation expenses wiii be borne by CUSTOMER.
6. CHARGES AND PAYMENTS
a.CUSTOMER agrees to pay maintenance charges upon submission by SYMCO 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.This agreement may be suspended by SYMCO w~hout notice, ~ payment is thirty (30) days In arrears, or terminated by SYMCO,
without notice, if payment is sixty (60) days in arrears.
c.Any applicable tax will be added to other charges specified.
7. CUSTOMER INSTALLATION RESPONSIBiliTIES
CUSTOMER shall: (i) continuously maintain a log of system use and performance and make same available to SYMCO upon request,
(ii) continuously maintain environmental conditions, electrical requirements and site facilities in accordance with Unisys
recommendations and specifications, (iii) not abuse or misuse the equipment and (iv) insure that CUSTOMER personnel are
adequately trained to operate the equipment.
8. GENERAL CONDITIONS
a.The equipment must be in good operating condition on the Effective Date of this Agreement.
b.SYMCO Is not obligated under the terms of this Agreement to repair damage to equipment caused directly or indirectly as a result of
accident, negligence, or abuse of or by CUSTOMER or third parties, failure of CUSTOMER to maintain required environmental
conditions; causes external to the system such as electrical power fluctuation or failures; fire, windstorm, the elements, or acts of
God. Such repair will be rendered upon specific order by CUSTOMER, and after approval by CUSTOMER of the estimated charges
thereof.
c.This Agreement shall be transferable with the consent of SYMCO and CITY OF SANTA ANA, and upon transfer shall remain in effect until
terminated as herein provided.
d.IN NO EVENT SHAll SYMCO BE LIABLE FOR lOSS OF PROFITS, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR
DAMAGES ARiSiNG OUT OF ANY BREACH OF THIS AGREEMENT OR OBLIGATION UNDER THIS AGREEMENT.
SYMCO GROUP, INCORPORATED
EQUIPMENT MAINTENANCE AGREEMENT
18061995 . Continued
e.Thls Agreement may not be amended except in writing signed by an authorized representative of CUSTOMER and SYMCO. This
Agreement constitutes the enti~ agreement between the parties and supersedes all prior communi98tions, proposals or agreements
relating to maintenance service of the equipment.
f. It is agreed that the laws of the State of California shall govern without reference to the place of execution of performance of same. Any
and aU legal action to be trans,acted or brought in the courts of the State of California.
CUSTOMER BY ITS SIGNATURE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO
ALL ITS TERMS AND CONDITIONS.
SYMCO GROUP, INCORPORATED
105 SATELLITE BLVD
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANATAANA CALIFORNIA 92702
~~j~(FHk0~~J
DATE: 7/;'7/0(;
, .
BY:
DATE:
EQUIPMENT MAINTENANCE EXHIBIT
Effective Days Per Week: Monday - Friday
Effective Date Of Maintenance Agreement 7/1/2006
Effective Hours per Day: 0000 - 2400
On-Site Maintenance X
Depot Maintenance
Reference Number 18061995
EQUIPMENT LOCATION
INVOICE TO:
~ompany:
~ddress:
r::ity:
f>tate:
Irelephone:
City of Santa Ana
20 Civic Center PLaza
Santa Ana
California Zip: 92702
714-{l47-{l958
Company
Address
City
State
Alln:
City of Santa Ana
PO Box 92702
Santa Ana
California Zip 92702
Information Svcs Division
M-12
Equipment
Style
V380
V300-MEM
V300-12
X246-92
X395-93
X351-94
X310-91
X310-91
X310-91
B9246-24
BT32611
BT32662
OSM-3000
T27
HS4400-TD
Quantity
1
1
1
2
1
1
2
1
1
2
1
2
1
INCLUDES:
INCLUDES:
INCLUDES:
1
2
Equipment Description
Mo thly
X A ual
Each Total
25,406.00 25,406.00
3,161.00 3,161.00
INCL INCL
742.00 1,484.00
742.00 742.00
742.00 742.00
609.00 1,218.00
609.00 609.00
617.00 617.00
6,711.00 13,422.00
6,106.00 6,106.00
3,165.00 6,330.00
3,289.00 3,289.00
ACKAGE SYSTEM
o MB MEM
0-20 MB UPGRADE
LP, PRINTER, HSSI
LP, FIPS, TAPE
LP, UNILlNE
LP, SCSI, NEWDISK, 180 BYTE/SECTOR
LP, SCSI, LAKDISK, 100 BYETE/SECTOR
LP, SCSI, PNC COMMUNICATIONS
RINTER 2000 LPM
APE CONTROLLER, W/1 DRIVE, 125 IPS
APE DRIVE, SLAVE, 125 IPS
CSI DISK SUB"SYSTEM
ea CABINET, DUAL PIS
4 ea 3.019 SCSI DISK
ea 100 MB LAK DISK
ERMINAL, ODT
AT TAPE DRIVE, DIFFERENTIATED
INCL INCL
500.00 1,000.00
TOTAL CHARGE FOR YEAR 2006:
$64,126.00
(JULY 1 ,2006 - JUNE 30, 2007)
...
~
SYMCO
GROUP
ADDENDUM
TO: AGREEMENT # 18061995
PRICE INCREASE CHART
Year-1
7/112006 - 6/30/2007
Original Term
$64,126.00
$67,974.00
$72,052.00
Year-2
7/1/2007 - 6/30/2008
Optional Renewal
Year-3
711/2008 - 6/30/2009
Optional Renewal
If support required beyond Year-3, SYMCO will lock price at then current level
Year-4
7/112009 - 6/30/2010
Committed Price
$72,052.00
$72,052.00
Year-5
7/1/2010 - 6/30/2011
Committed Price
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:
I. 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
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR PF T DATE (MMIDOIYYYY)
SYMCO 1 07/15/05
P~,?OUCER THIS CERTIFICATE IS ISSUED AS A MATTER 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 AFIURDED BY THE POLCIES BELOW.
Suwanee GA 30024-2402 I
Phone: 770-339-8888 Fax: 770-339-1442 INSURERS AFFORDING COVERAGE -I:IC#
--
INSURED A-.;;zoo5- ofj7 INSURER A: Zurich U.S. Insurance
I INSURER Bo Legion Insurance Company ,
S~co Group Inc. I --
INSURER c:
1 5 Satell~te Blvd. Sui te 5 INSURER 0:
Suwanee GA 30024
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 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR INSRD TYPE OF INSURANCE
~l LIABILITY
A . X COMMERCIAL GENERAL LIABILITY
,-- CLAIMS MADE ~ OCCUR
~
; GEN'L AGGREGATE lIM!T APPLIES PER:
rx-j POLICY n ~r8T ~I LOC
~OMOBILE LIABILITY
I~ ANY AUTO
~
~ ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
H NON-OWNED AUTOS
GARAGE LIABILITY
R ANY AUTO
,
POLICY NUMBER
PD~';!~}J~flt~\E p(j'kfirl~~hRDA~~N
I I
07/31/05 07/31/06
LIMITS
EACH OCCURRENCE 1 $ 1,000,000
PREMISES (Ea occurence) .1 $ 300,000
I MED EXP (Any one person) i $10,000
I PERSONAL &ADV INJURY 1 $ 1,000,000
I GENEMlAGGREGATE I. 2,000,000
, PRODUCTS - COMP/O~AGG ; $ 2,000,000
040972979
A
EXCESS/UMBRELLA LIABILITY
~ OCCUR !..=J CLAIMS MADE
b DEDUCTIBLE
,X I RETENTION
040972979
I COMBINED SINGLE LIMIT I: 1,000,000
07/31/05 07/31/06 (Eaaccrdent)
I BODilY INJURY
(Per person)
I BODilY INJURY $
(Per accident)
'I PROPERTY DAMAGE ,.
(Per accident)
AUTO ONLY - EAACCIDENT .
-
OTHER THAN EAACC .
AUTO ONLY: AGG .
EACH OCCURRENCE '1,000,000
f------
07/31/05 07/31/06 AGGREGATE '1,000,000
~ .
.
-
.
, X ',T8'~/ ~/~,Ws 'I IU~R
r
11/28/04 11/28/05 I EL EACH ACCIDENT '100,000
E.L. DISEASE - EA EMPLOYEE '100,000
E.L. DISEASE. POLICY LIMIT .500,000
lPPRovci; , i;' rUfUVi
,---a.'...> .(....;.
A
040972979
I NOT APPLICABLE
$0
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
~~Etl~t5~:5v~~16~S below
OTHER
, WC50548357
I
DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is listed as additional insured as per contractual 1~/~' 0 'p' ,{",,-
obligation. /Faxed 714-647-5406. SEE REVISED WC INFORMATION. ___ -:;:z./JL/".I-,...L.lf~'-
I' l~,tldt, :'-.l'\' ~I..c'cd\
\ <,bl:'.il: ("it:.' .\1:'1:-'1.\
CERTIFICATE HOLDER
CANCELLATION
SANTAAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP1RATl0
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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
Linda Kelley
20 Civic Center Plaza
Santa Ana CA 92702
@ACORD CORPORATION 1988
ACORD 25 (2001/08)
0~/15/2005 01:11
0000000000
>>AO
PAGE 02
.
~
5 YMCa
GROUP
INC.
June 15,2005
FROM: Robert E. Williams, Jr.
President
Symco Group Inc.
105 Satellite Boulevard, Ste 1
Suwanee, GA 30024
To the attention of City of Santa Ana:
I, Robert E. Williams, Jr. am under a contractual relationship with the City of Santa Ana
to provide SERVICE and understand the City's insurance requirements. While I have
the necessary insurance coverage plus the Additional Insured Endorsement, as required,
my insurance carrier, Zurich U.S. Insurance, will not agree to the cross-outs in the
cancellation clause (bonom right hand comer).
Therefore, I, Robert E. Williams, Jr., on behalf of Symco Group, Inc., agree and promise
that I will personally provide the City with the required 30 days' notice should my
coverage is cancelled or materially reduced in anlOunts.
Very truly yours,
~-- \ ;.
...., ~......
t; "" J 4~-'
Robert E. Williams, Jr.
President
Symco Group, Inc.
REW:dam
\,PPfUJVEU /\~ IU FORlvl
105 Satdlilc Ihmll:v;ud. "o\\I{r 1, SU'....JI1IT. (;.\ )[1024-. ~lll)-S7H.Sn02" n0-4S1-tiLll12" 77U'lILH-70.3b fa:.... wwwsym<:Llgroup,l:om
-y~/:~ /~ !~-
i..lULI S[;11 Sheedy
\.,:,i:-:[;i ,Ii ('!i.\ /\ 11 nr!ll~~-
ACQ/JD.. CERTIFICATE OF LIABILITY INSURANCE CSR PF I DATE (MMfDOIYYYY)
SYMCO-1 06/16/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER 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 INSURERS AFFORDING COVERAGE NAIC#
INSURED ,4 - ;)004:'- i 5 ') INSURER A: Zurich u.s. Insurance
INSURER B: Legion Insurance Company
sowca Group, Inc. INSURER c:
1 5 Sate11~te Blvd. Suite 5 I INSURER 0:
Suwanee GA 30024 I 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 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I ~9..';!nJ=~hf5mIE ! Pgk\-1YI~rl1hRD}~!gN I --
L TR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS
AI GENERAL LIABILITY l~~~OCCURRENCE $1,000,000
Xl COMMERCIAL GENERAL LIABILITY 040972979 07/31/06 07 /31/07 PREMISEs'(E~~~~u<:~nce} $ 300, 000 .,-
~ CLAIMS MADE C!J OCCUR MED EXP (Anyone person) $10,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP AGG : $ 2,000,000
!Xl ( 11 PRO I
X POLICY JECT ' LaC
AUTOMOBilE LIABILITY ~MBINED SINGLE LIMIT
A .~ ANY AUTO 040972979 07/31/06 07/31/07 (EaaCCldent) $1,000,000
~ ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
-
; X HIRED AUTOS BODILY INJURY 1$
e--,
n NON...QWNED AUTOS {Per accident}
:---
I-I --------1 . PROPERTY DAMAGE :$
(Peraccidenl) i
I RRAGE LIABILITY I I AUTO ONLY - EA ACCIDENT $
ANY AUTO I NOT APPLICABLE OTHER THAN EA Ace $
AUTO ONLY AGG I $ -,-
I IfJESSIUMBRELLA LIABILITY ! EACH OCCURRENCE $1,000,000
A X ,--, 040972979 07/31/06 07/31/07 $1,000,000
OCCUR ----.--J CLAIMS MADE , AGGREGATE
I
I I ,$
--
8 DEDUCTIBLE $
X RETENTION $0 '--
$
WORKERS COMPENSATION AND X ITORY LIMIT:;; I IUER-'
B EMPLOYERS' LIABILITY WC50548357 11/28/05 11/28/06 $100,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $100,000
If yes, describe under POLICY LIMIT i $ 500, 000
SPECIAL PROVISIONS below E.L. DISEASE -
OTHER
I I i I
DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is listed as additional insured as per contractual
ob1igation./Faxed 714-647-5406.SEE REVISED WC INFORMATION. 7B-3
CERTIFICATE HOLDER
SANTAAN
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
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
City of Santa Ana
Linda Kelley
20 Civic Center Plaza
Santa Ana CA 92702
@ACORDCORPORATION 1988
ACORD 25 (2001/08)
l
"'~"I"'lt;"1 " .,'
'.!.'."'I"'.",,'H'.".",.,I'," ',',' '.'
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IH!Hi'\I:'~l~1' '1, ,'::!'
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~
SYMCO
GROUP
INC.
July 25,2006
FROM: Robert E, Williams, Jr.
President
Symco Group Inc,
105 Satellite Boulevard, Ste I
Suwanee, GA 30024
To the Attention of City of Santa Ana:
I, Robert E. Williams, Jr, am under a contractual relationship with the City of Santa Ana
to provide SERVICE and understand the City's insurance requirements. While I have the
necessary insurance coverage plus the Additional Insured Endorsement, as required, my
insurance carrier, Zurich U.S. insurance, will not agree to the crosS-outs in the
cance1lation clause (bottom right hand corner),
Therefore, I, Robert E. Williams, Jr. on bebalf of Symco Group, Inc. agree and promise
that I will personally provide the City with the required 30 days' notice should my
coverage is cancelled or materially reduced in amounts.
Very truly yours,
~I;tj.."~.
Robert E. Williams, Jr.
President
Symco Group, Inc.
).
, .
REW:dam
1....1."".
1,." ",:,
/'. ';'/1 \_y_.J )
,. /", '\
\
CERTIFICATE OF
R LIABILITY INSURANCE CSR PF DATE (MMA)D/YYVY)
D
.CO - :SYMCO-1 12 13 06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bu`rnette Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3447 Lawrenceville Suwaaee Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suwaaee GA 30024-2402
Phone: 770-339-8888 Fax:770-339-1442 INSURERS AFFORDING COVERAGE NAIC#
INSURED A-/L~6-.~~ INSURER A: Zurich U. S. Insurance
~
_ X34 INSURER B: Le ion Insurance Com an
~
~ _Q INSURER C:
$ CO GiOIIp Iac•
105 Satellite Blvd. Suite S INSURER D:
Suwaaee GA 30024
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR
MAV 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 BV PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDO GATE MM/OD LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A X COMMERCIAL GENERALLIABILITV 040972979 07/31/06 07/31/07 PREMISES Eaoccurence $ 300, 000
CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 10, OOO
PERSONALB ADV IWURY $1,000,000
' GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000
X POLICY PECOT LOC
AUT OMOBILE LIABILITY COMBINEDSINGLE LIMIT $1,000,000
A X aNV AUrD 040972979 07/31/06 07/31/07 (Ea eccidenq
ALL OWNED AUTOS BODILY IWURY $
(Par parson)
SCHEDULED AUTOS
~
X HIRED AUTOS BODILY INJURY
$
(Pereccitlant)
X NON-OWNED AUTOS
PROPERTY DAMAGE $
I, (Per acddent)-
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANV AUro NOT APPLICABLE OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSNMBRELLA LIAEILITY EACH OCCURRENCE $1,000,000
A X OCCUR ~CLAIMSMADE 040972979 07/31/06 07/31/07 AGGREGATE $1,000,000
$
OEDVCTIBLE $
X RETENTION $ O $
WORMERS COMPENSATION AND X TORY LIMITS ER
B EMPLOYERS'LIABILITY WC50548357 11/28/06 11/26/07 E.L. EACHACaoervr $100,000
ANY PROPRIETORlPARTNERiEJ(ECUTIVE
OFFlCERIMEMBER EXCLUDED?
E. L. DISEASE-EA EMPLOYE
$lOO, OOO
Ifyes, tlescnbe antler
SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $500,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is listed as additional insured as per contractual
obligation./Faxed 714-647-5406.SEE REVISED WC INFORMATION.
reennrnx unr nco CANCELLATION
' SANTAAN BHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O GAYS WRITTEN
City of Santa p~pA3T7T~T~ ^ /
`/ ~~
~ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Linda Relley ` ~~ 1 1~-,J
~
-~ ~5 i C~ ~` l~ pOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR
20 Civic Center P1aZa
';~
CA 92702 REPRESENTATIVES.
~~
Santa Ana
~ AU D PRESEp~fpTVE
/
1i,~ /
~
ACORD 25 (2007108) Aron Lain ll(y nt[UTRCy ~n~.unu wnrvnn uvrv moo
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 policy, 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.
n ~
rn-~=-t
~~ ~,
='~ ry
...,. ~
r _
N
c.
n~
r~
ACORD 25 (200'1108)
/II~/lY/// /~ / //
ACORD CERTIFICATE OF LIA81L"ITY INSURANCE CSR PF DATE iMMIDD/YVYY)
SYMCO-1 OS 17 07
PRODUCER
Burnette Insurance Agency, Inc.
3447 Lawrenceville Sumaaee Rd. 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.
Suwanee GA 30024-2402
Phone:770-339-8888 Fax:770-339-1442
INSURERS AFFORDING COVERAGE
NAIC#
INSURED q. 2006-~r
5 INSURER A: Zurich V.S. Insurance
j INSURERS: The Hartford
a q/~'~] ~y
S CO Group Inc • r' ~ M1`^~ - I "~) INSURER C:
1D5 Satell3~e Blvd. Suite S
G
30
24 INSURER D:
Suwaaee
A
0 INSURER E:
COVERAGES
THE PoLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANOING
ANY REOWREMENi, TERM OR CONDITIONOFANY CONTRACT OR 07HER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED 8V THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOR'IONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS.
LTR NS TYPE OF INSURANCE POLICY NUMBER GATE MMRIOIYY GATE MIDO LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1, QQO, QQQ
A X COMMERCIAL GENERALLIABILITV 040972979 07/31/07 07/31/08 PREMISESEeoccurence $300,000
CLAIMS MADE OCCUR MED EXP (Any ana person) $1Q, QQQ
PERSONALBADV INJURY $1,000, QQQ
GENERAL AGGREGATE $2, QQQ, QQQ
GEN'LAGGREGATE LIM
IT APPLIES PER: PRODUCTS-COMPlOPAGG E2,000, QQQ
O
R POLICY JELQT LOC
AUT OMOBILE LIA81LI7Y COMBINED SINGLE LIMIT
000,000
$1
A X ANVauro 040972979 07/31/07 07/31/08 (Eeaodaem) ,
ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AVTOS (P%persan)
X HIRED AUTOS BODILY INJURY
$
- X NONAWNED AUTOS (Per accitlenq
PROPERTY DAMAGE
(Per accltlenQ $
GA RAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANV AUTO NOT APPLICABLE OTHER THAN EA ACC $
AUTO ONLY: AGG $
E%CESSNMBRELLA LIABILITY EACH OCCURRENCE $1, QQQ, QQQ
A X OCCUR ~CLAIMSMADE 040972979 07/31/07 07/31/08 AGGREGATE $1,000,000
$
DEDUCTIBLE $
X RETENTION $ Q $
WORKERS CDMPENSATION ANO X TORY LIMITS ER
B EMPLOYERS'LIABILITV
ECUTNE
~ 20SVBPK0442 11/28/06 11/28/07 E.L. EACH ACCIDENT $lOO, QQQ
OFFICERlMEM ER
E%CLUDEO? EL DISEASE-EA EMPLOYE $SOO, QQQ
tt ye,, aaa~lba under
SPECIAL PROVISIONS below
E.L DISEASE-POLICY LIMIT
$$QQ, QQQ
OTHER
A BUSINESS 040972979 07/31/07 07/31/08 BUSINESS $2,334,000
PROPERTY aanvc~rr mnx sAexe PROPERTY $500 DED
DESCRMTION OF OPEM7IONS 1 LOCATION91 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
~~
Certificate holder is listed as additional insured as per contractual
~~ AS TO FOIU,j
obligation./Faxed 714-647-5406.SE8 REVISSD WC INFORMP.TION.
i
aura Stitt Sbeed
Assistant Cit
t.~rt I Irn.n I e na/LU~rt
City of Santa Ana
Linda Kelley
20 Civic Center Plaza
Santa Ana CA 92702
SANTAAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 D GAYS ViRITTEN
NOTICE TO THE DERTIFICATE 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.
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 policy, 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.