HomeMy WebLinkAboutPRECISION POWDER COATING 2 -2002
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WOR~ MAY F ,.OCEED
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CLERK OF COUNCIL CONSULTANT AGREEMENT
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THIS AGREEM~~{b,}Jlade and entered into this --1- day of U , 2002 by
and between Precision.l!~tCoating, a California sole proprietor (hereinafter "Co sultant"),
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "City").
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N-2002-136
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RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
power coat painting.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting 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. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement. In
addition, Consultant shall supply protective material to ensure zero damages to finished product.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $2,708.51 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, 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.
3. TERM
This Agreement shall commence on the date first written above and terminate on
December 31,2002, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended upon a writing executed by the Executive Director of
Community Development Agency and the City Attorney.
. .
4. INDEPENDENT CONTRACTOR
Consultant 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
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant 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, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant 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 Consultant'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. Consultant 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, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. (reserved)
2
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e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant 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.
f. If Consultant 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 Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant 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. INDEMNIFICA nON
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I 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 Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant 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
3
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 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 of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant 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:
Executive Director of Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6549
and,
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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 Consultant:
Precision Power Coating
1236 E. Normandy Place
Santa Ana, CA 92705
Attn: 714-648-0291
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
Consultant, 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 Consultant. 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 Consultant 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 Consultant,
Consultant 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
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shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant 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 Consultant 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
Consultant 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. Consultant 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 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 ofthe 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
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant 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.
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16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
~
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
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By:
Cristine S a
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
c- L5V.h/zd/
Iiavid M. Bell
President
John Re
Executi Director of the
Community Development Agency
Employer ID # or Individual SS #
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PRECISION POWDER COATING
1236 E, Normandy Place
Santa Ana, CA 92705
714/648-0280 . 714/648-0291 Fax
May 14, 2002
Mr. Jesse Alvidrez
City of Santa Ana
Community Development Division
305 East Fourth Street, Suite 201
Santa Ana, CA 92701
Dear Jesse:
I enjoyed meeting with you today in regards to your project for the City of
Santa Ana.
After reviewing the cost factors involved and based upon the 7 stage
project, the following is my proposal. I would be willing to do the meters on a
smaller run of 12 to 14 meters per week, but unfortunately we cannot do them at
our original cost. The reason being, we are not running all of the parts at one
time on our conveyor line.
The original cost to sandblast, powder coat primer and powder coat gloss
black was $27.60 for the double and $25.60 for the single. The parts must now be
done in our batch operation, which causes us to raise the price because of the
time it takes in batch production as opposed to on the line.
The new price is $34.50 for the double and $31.88 for the single. What we
are willing to do if this is acceptable to you is to bill on thirty day terms. I have
attached a copy of our Terms and Conditions and Credit Application. Please fill
out and forward back to us.
Again, pick up and delivery is included in this price and we must receive
adequate boxes to pack meters after they are freshly coated.
We look forward to doing business with you. Please call if you have any
questions.
Sincerely,
aw. M. ~f;A .
t{ECr:jIJEU 13'1
DOWNTOWN DEVELOPMENT DiVISiON
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EXHIBIT f\
CITY OF S~NT~ ~N~
I,.,
PRECISION POWDER COATING
1236 E. NORMANDY PLACE
SANTA ANA, CA 92705
714-648-0280 FAX: 714-648-0291
CREDIT APPLICATION
DATE:
~/c;.:2
COMPANY NAME: (JI ry ~/' ~,vrA fl,l\lA
ADDRESS: ~~S- ~~ST ~w~7# STREET
CONTACT PERSON: :I8"t;se ALI//~A"e-z..
TYPE OF BUSINESS: ~"VM~AJ.II'14".N r
DATE STARTED:
CORPORATION: PARTNERSHIP: PROPRIETORSHIP:
SS#: 113SALE PERMIT #:
FEDERAL EMPLOYMENT #: q 5- _'D07'iJ S
CONTRACTOR LICENSE #:
NAMES OF ALL OWNERS AND ADDRESSES
TELEPHONE
7/1./ /~J6-/kJo'
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BANK~7?S:
-
OFFICER: ACCOUNT #:
TELEPHONE
TRADE REFERENCES: ADDRESSES:
TELEPHONE:
FAX:
ESTIMATED MONTHLY PURCHASES: $._
UNDER NORMAL CIRCUMSTANCES, TERMS WILL BE GRANTED WITHIN 10 DAYS.
IN THE EVENT THIS ACCOUNT BECOMES PAST DUE BEYOND NORMAL TERMS, I (WE)
AGREE TO PAY A SERVICE CHARGE OF 1-1/2% PER MONTH (18%) PER ANNUAL RATE.
AUTHORIZATION: I HEREBY AUTHORIZE YOU, TO WHOM THE APPLICATION IS MADE,
OR ANY CREDIT BUREAU OR OTHER INVESTIGATIVE AGENCY EMPLOYED BY SUCH
PERSON TO INVESTIGATE THE REFERENCES HEREIN LISTED OR STATEMENTS OR
OTHER DATA OBTAINED FROM ME OR FROM ANY OTHER PERSON PERTAINING TO MY
CREDIT AND FINANCIAL RESPONSIBILITY.
NAMElTITLE: ~ SS E .11/0' ..t?A"e;;l ~# b~ /IIJ!7M ~;::'e?,171(),<JS ..:5W/'c;e/l/~OI{'
SIGNATURE: 0 ~~ DATE: b-'?-~.:1
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PRECISION POWDER COATING
TERMS & CONDITIONS
- Orders ship C.O.D. uuder the followlug circumstaDces:
MODthly billiDgs UDder $1,000.00
Prior to credit approval
- Orders ship on terms of not less than 10 days and no more that 30 days under the followiDg eircumstaDces:
Upon approval of credit application
Monthly billings of ovcr $1,000.00
- Orders UDder $250.00 are subject to a 525.00 set up charge
- Orders under $150.00 are subject to a $40.00 set up charge
- All parts to be coated are assumed to be in good condition and free of rust or heavy soils. Water- soluble soiIs are
generally acceptable, but heavy oUs aDd other contaminants may require speeial cleaning at additloDal cost.
- The customer shall supply any speeial packagiDg materials. Parts will be returDed as received.
- During the coating process an area of the part will be nsed for hanging. At that point of contact a small area of the part
will not be coated. Touch up of these areas will not be performed uDless speellied.
- Claims of defective workmanship or incomplete shipmeDt will not be entertained beyond 3 working days after delivery
of the coated parts.
- Precision Powder Coating makes no warraDty as to the durability or suitability of the coating for your application.
Precision Powder Coating will offer assistance iD the selection of a coating, but the testiDg aDd evaluation of the suitability
of this coating is solely the responsibility of the customer.
- Prices are subject to change with a 3O-day notice.
- In the event the customer herein exereises the privilege of canceling this agreement for any reason, the customer is to pay
Precision Powder Coating the amount outstanding at the time of eancelIation.
- A finance charge of 1.5% per month applies to all overdue accounts. In the event that Precision Powder Coating must
enforce colleetioDs, the customer shall pay the collection costs, and reasonable attorney fees.
- If the customer requires a special ordered powder, the customer agrees to use all ordered powder or purchase tbe
remaining balance upon completion of the job.
- There will be a 4% hazardous waste fee added to each invoiee
Work may not begin without completing this form. Please sign, date and return to indicate your
acceptance ofthese Terms and Conditions via FAX: 714-648-0291
Company: C'/Ty CJF 5~,..;r.l"/ ~.NtIJ
Address: 3()~ .1:'-'5/ h;<A~T/./.5r. 5.,0.
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; 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 ifnot 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 92701.
(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
~eA~ 6"e af/-AJ.e J dq~4~0I7 d' (I/5ttf?1l1te-
9-04-2002 1, 5l2IPM
FROM
P.2
STATE _E OFfICE SAN fllANc:lSCD I ANNUA~ RATING ENDORSEMENT
COU.....SATION IT IS AGREED THAT TlfE C~SSIFICATIONS AND RATES PER $100 OF REMUNERATION APPEARING
IN$UlAANCE
F=UND IN TlfE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BELOW.
HERE.ARE YOUR NEW RATES FOR THE PERIOD INDICATED. IF YOUR NAME OR ADDRESS SHOULD
BE. CORRECTED OR IF INSURANCE IS NOT NEEDED FOR NEXT .YEAR, P~EASE TELL US.
CONTINUOUSPOLICV 1256726-02
IMPORT ANT
THIS IS NOT A BILL
SEND NO MONEY UNLESS STATEMENT IS ENCLOSED
THE RATING PERIOD BEGINS AND ENDS AT 12:01AM
PACIFIC STANDARD TIME
RATING P~RIOD
7-01-02 TO
PRECISION POWDER COATING
1236 NORMANDY PL
SANTA ANA, CALIF 92705
DEPOSIT PREMIUM
MINIMllM PREMItJM
PREMIUM ADJUSTMENT PERIOD
REp 07
NAME OF EMPLOYER- DAVID MICHAEL BELLI
(AN INDIVIDUAL EMPLOYER AND NOT JOINTLY
WITH ANY OTHER EMPLOYER)
CODE NO. PRINCIPAL WORK AND L~TES EFFECTIVE FROM 07-01-02 TO 01-01-03
INTERIM
BASE BILLING
RATE RATE*
8810
CLERICAL OFFICE EMPLOYEES~-N.O.C.
1.93
1.64
9501
PAINTING--SHOP ONLY--N.P.D.
13.51
11.49
_ ,EXPERIENCE MODIFICATION
7~01-02 TO 7-01-03
123 %
-
APPROVED AS TO FORM
~ (2c?q~, ..513
(.t,r;;:~edY /
D"putv City Attornev
. .
7-01-03
$1,369.00
$650.00
MONTHLY
R SP
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO
JULY 16, 2002 POLICY FORM L
1