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Home My WebLink AboutORPAK USA, INC. 1- 2007 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 3 - 1-08 CLERK OF COUNCIL DATE: if-;;o-o1 (): Fn.J (.l1 ~~) THIS AGREEMENT, made and entered into this 5th day of February, 2007 by and between Orpak USA, Inc., (hereinafter "Consultant"), 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"). A-2007-030 CONSUL T ANT AGREEMENT RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of designing and installing computerized fuel management systems. 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 ofthe 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 provide, install and train City personnel on the use of a fuel management system to track the usage of gasoline and diesel for each City vehicle, as set forth in Exhibit A to this Agreement. The system will reflect real time usage online and a web based program that tracks actual gallons pumped per vehicle. The system will include a key pad identification system for use by authorized City employees. 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 $51,959.70 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 installation of the system and completion of training of City personnel. 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, employees, agents, volunteers and representatives 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. 2 d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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 effect 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. INDEMNIFICATION 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 hannless 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, 3 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 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: Finance and Management Services Agency Corporate Yard - Fleet Facilities City of Santa Ana 215 S. Center Street Santa Ana, California 92703 telefacsimile (714) 647-3359 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 4 To Consultant: ORPAK USA 100 First Street, Suite 200 Hackensack, New Jersey 07601 Telefacsimile (201) 441-9830 Attn: George A. Prince, Jr Vice President Western Division A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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, the 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 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. TERMINA nON 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 5 compensation for all services performed by Consultant prior to receipt of such notice oftermination, 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 ofthis Agreement. 13. DISCRIMINATION Consultant 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. 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 has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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 iffully set forth in the body of this Agreement. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. / ATJES'f:--i ~ (/J';i/~,. "' / '\~ . . '. <______' G[ L. i..-A-'A>L.- . .~ PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney /' By: (;;'{{Ait.,dt ",Pi- - Lau Sheedy ( Assistant City Attorney CITY OF SANTA ANA ~t;'~~4Jf City Manager ORPAK USA, INC. ~ ~[~/. GEORG A. PRINCE, JR. / Vice President Western Division TaxID# ;rJ.'?12'1c(6 (j 7 ORPI\fV{ U5^ ORPAK USA, Inc. 100 First St. Suite 200, Hackensack, NJ 07601 Phone: (201) 441-9820 . Fax: (201) 441-9830 . www.orpakusa.com QUOTATION No. 04JAN07 4-Jan-2007 Mr. Terry Price Corporation Yard/Fleet Facilities Mgr. City of Santa Ana Fleet Service Division Santa Ana CA 92703 * FueJOmat * Fuel Management System Fully Automated*Reliable*Secured Ph: 714-647-3348 Fax: 714-647-3333 Emai/: Tprice@cLsanta-Ana.ca.us ORPAK USA UP GRADE FUEL MANAGEMENT SYSTEM REAL TIME ON LINE & WEB BASED KEY PAD ENTRY Descri tion Part No Unit Price t $ Total Price Iii ~iteOm<l! .__ . _.. -.--n--~~-~==:.:.~===_t==_-j_~_~_--I~~.~~-~~~~_~~~: Fleet Head Office Software (2 Sites) I I 7,500.001 1', 7,500.00 OrPT island controller, pedestal mount -, ~6Q922x-xx, 2[67.0..901- 3'- -- _8'-6~-:Q.o ~J~6;~tmto;~b1~~nication Unit~\Nir~~~s -. ~~~~~;~~~ - ~~~.~%:~~---~ -1- i{J~&.gg Wi reless Gateway (Acce~~i'()Lnt) ~__ .::....._::.... ji009"f2500 _ _~~Q, 0_0_ _....1._I___......:..-i.-~~b. 00 Pump Subsystem I ..________ ____._ Instaliatlon cableKif(2h()ses)---.--~. -70:2:100116-" 257:301' 10 2,573.00 MPI - MechanicalPump Interface, Hoses .... ".!8()6936266 "._f316.oOi 11 I .. 8~~10.60 MPI PowerRelay Box!2Rela.1'~_...____. .... __..__ _________2?Q:0_Ql_l1________2,Z50,OQ I Performace Payment Schedule--"-' - .....- Ie '1 1/3 at Installation i I I 1/3 at 30 Days i I .':r RemaingUpon Si9ri OJ{ . --- - ~---:= === =__+ .. ... r. J. -I ____ -- -m._____ .-----+-- ___1__1____ Site Installation/Training/Fireup . 7023001251 11,540.001 1 I ___!.h?4:Q.OO -..- - --. .~-"--===~="'--=-=~===-~'=:::=--'----F-"'-'- .--=:= 1-'-~==:=r$5i.733.00 Discount Price Total $51.959.70 Notes: 1 All prices are FOB Hackensack, NJ 2 Quote validity is 60 days 3 Delivery of equipment is 4-6 weeks after receipt of order 4 Warranty is one year from delivery Page 1 of 2 EXHIBIT A 5 Taxes, licenses and permits If applicable are not included. 6 Host computer to be provided by the customer 7 Customer to provide power (on separate breaker) and communication links at the Host computer and controllers 8 Travel Time and Expenses are not to exceed $ 1500 9 Training prices are based on consecutive training days 10 SiteOmat controller requires internet connection for communication to Head Office PC, upgrades and remote troubleshooting 11 We assume that the environment is conducive with standard WIFI wireless networking wlo the use of directional antenna We look forward to serving you. 6i rely ~ - v\-~ Georg A. prince~ Vice President Western Division Please approve and fax back. Name & Signature PO No. Date Page 2 of 2 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 ofthe named insured. 2. With respect to claims arising out ofthe 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 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) , this endorsement form as a part of Effective Policy # Issued to Named Insured Countersigned by Authorized Representative 8 PRODUCER DATE (MM/DDIYYYY) 03/23/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE TAVOR CORP. 400 MORRIS AVENUE DENVILLE, NJ 07834 COMPANY A Federal Insurance Company INSURED ORPAK USA, INC. 100 First Street Suite 200 Hackensack, NJ 07601 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO"TWITHSTANDING ANY REOUIREMENT, 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLlCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS LT. DATE (MM/DDIYYYY) DATE (MM/DDIYYYY) GENERAL LIABILITY GENERAL AGGREGATE ,**2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS. COMP/OP AGG ,**2,000,000 A CLAIMS MADE [!] OCCUR 35875487 '03/01/2007 03/01/2008 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 (Anyone person) $*****10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT , ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) , SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) , NON.OWNED AUTOS PROPERTY DAMAGE , GARAGE LIABILITY AUTO ONLY. EA ACCIDENT , ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT , AGGREGATE , EXCESS LIABILITY EACH OCCURRENCE , UMBRElLA FORM AGGREGATE , OTHER THAN UMBRELLA FORM , WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS' LIABILITY 71734583 EACH ACCIDENT ,**1,000,000 A THE PROPRIETOR/ 03/01/2007 03/01/2008 $**1,000,000 X INCL DISEASE - POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXeL DISEASE - EACH EMPLOYEE ,**1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/SPECIAL ITEMS The City of and representatives are named as an additional insured product and services. Santa Ana;its officers, employees, agents, insureds but only with respect to the named i'lPI;102' 07 F11 ,'], '-" P')"" .elL ~ Ifl;;. City of Santa Ana Att.Purchasing Dept. 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1316 Apr' 17 2007 s: 06AM (973) 625-2282 p.3 ~ CHUBB Liability {nsurance Endorsement Policy Period !<!:ARCH 1,2007 TO HARCR 1,2008 Effective Date MARCH 1,2007 PoiioyNumbor 3587-54-87 FPO Insured ORPAK USA,INC. NamQofCompany FEDERAL INSURANCE COMPANY Date Issued APRIL 12,2007 TI1;s B:odorsementapplie& to tho followit:gfonns: The city of Santa Ana,it's Officers,employees,agents,and repre5entatives are named as aditional insured - Under Vlho Is An Insured, the followin,g provision is added: Who Is An Insured ScheduledPerson Or Organization Subject to all of the terms and conditions of this insur8nce~ any pe:son or organizationriliawnin the Schedule, acting pursuant to a written contract or agreement betw'ecn YO-:J. and such person or organization, is an Insured; but they are Insured. onlywitb. <espectto liability arising out of your c?eraticns, or yom premises, if you are obligated, pursuant to such contractor agreemen~ 10 prmride them with. sucb. \nsL.u"anceas is afforded by this policy. However ,no su(:,h person or organization is an insured vnth respect to any: ""sllIllptiouofliabilityby the;n in a tontractor agreement This lirnitationdoe. not apply to the liability for damages fur injllI}' or damage, to which this insuranteapplies, that the person or orgaLization. would have 1TI rl+e absence of such contract or agree:ne.o.t. damages arising o.~t of their sole neg1igence. Schedule I. .. Liability Insurance Form BG-02-23B7(Rev. 8-0<) Ar:Jditronal [[1surerJ -SClie.de.'IBd P&(SOl1 Or OlgBnlzatlon Endon;.M1ent ..;;Z/~ continued Page 1 ORPI'n. USA ORl'Atc: USA, Inc. 100 First St. Suite 200, Hackensack, NJ 07601 Phone: (201) 441-9820 . Fax: (201) 441-9830 . www.orpakusa.com April 17, 2007 SUBJECT: CERTIFICATE OF INSURANCE issued by Federal Insurance Company, POLICY # 35875487. INSURED: ORPAK USA INC. PRODUCER: TAVOR CORP. To the City of Santa Ana, Katie Montgomery, I, ORPAK USA, INC., am under a contractual relationship with the City of Santa Ana to provide FUEL MANAGEMENT SYSTEM UPGRADE and understand the City's insurance requirements. While I have the necessary insurance coverage plus the Additional Insured Endorsement, as required, my insurance carrier, Federal Insurance Company, will not agree to the cross-outs in the cancellation clause (bottom right hand corner). Therefore, I, George A. Prince, Jr., 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, ~ L t7C) f----------z: ./ G:Org~ A. Prince, Jr. ' Vice President, Western egion Ap~ 17 2007 9:01AM (973J 625-2282 p.1 INSURANCE 40" MORRIS AVENUE DENYILLE, ~J 07634-1362 973-625-5200 212-517-8308 FAX: 973-625-2282 E-MAIL: MAIL@TAIIOf..CORP.COM TAVOR CORP FACSIMILE TRANSMITTAL IN CASE OF PROBLEMS WITH TRANSMISSION PLEAS/; CALL: (973) 625-5200 THIS TRANSMISSION CONSISTS OF J PAGES INCLUDING THIS PAGE DELIVER TO: Katie Montgomery City Of Santa Ana FROM: Tal Novik FAX No: 714 647.6944 DATE: April 17, 2007 TRANSMITTED BY: nME: AM/PM THIS TRANSMISSION IS ~TENDED ONLY FOR ThE USE OF iH( INJIV\DlJAL OR ENT;TrI" TO WHICH IT 1$ ~OAESSEO ,A,ND MAY CONTAIN INFORMATiON THAT IS PRIVILEGGO. CONFlDENTIJI..LAND EXEMPT F~OM DISCLOSURE: UNDER APPI.ICABlE LAW. If' THE READER OF THIS MESSAG= IS NOT THE INTEIiCED RECIPIENT, YOU ARE KEREBYNQTlflED TH....,. ANY GI$SEMlNATK)1't, )lSTR1BunON OR CO?YlNG OFTI-llSCOMLlllN1CATI0N 1$ STRICTL- Y flROHIBITEO. F Y~U HAVE REGaVe:: T~J5 COMMUNICATION IN ERROR. PLEASE NOTIFY '.IS IMMEDIATe!. Y AND ~l:.rURto.i THEORfG,NI\L MESSAGE TO us AT THE ABOVE ADDRESS. THANK YOO. Re: ORPAK USA, INC. Certificat8 of Insurance Dear Katie, Enclosed please find a copy of the certificate of insurance together with the Additional insured endorsement under the insured's policy. Please be advise that Chubb offers 60 days of notice BUT is not willing to amend the cancellation clause on the certificate. Please review and advise if the endorsement is acceptable and we can leave the cancellation close as is. Regards Tal kpr v.} VI U~:4tjE1 U~n U;:?ly 212867SG20 p.2 .4c..QRD~ CERTIFICATE OF LIABILITY INSURANCE I M,'!"E!Mt.\llm,"l"T) "307 """",,,," TI1IS CEFfI"IFICATE IS tsSUED AS A MA1TI;R OF INFORMATION DAN DA~ Y AaENCY IHe OHL Y AND CONFERS NO RI~ UPON THE CERTIFICATE HOLDER. TIllS OERTIFICATE DOES I'IQT AIIEHll EX11:ND DR 420 ~EX AVE ST. 5DS ALTER 'THE COVERAGE AFFORDED E1V THE PiiL/c'E$ BELOW. Ny NY '0170 INSUFlIma AFFORDING COVERAGE -. -- ttl'SVfII!:D IkI$UI'I!RA:. 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