The URL can be used to link to this page

Home My WebLink AboutCUMMINS CAL PAFICIC 1-2003 . INSURANCE ON FILE WORK MAY PROCEED UNTil INSURANCE EXPIRES !f - .2:0"1.. ... .. CLERK. Of COU. NCI~ I CONSULTANT AGREEMENT DATEI~-3 'O-r ~ (,.' t~f\- THIS AGREEMENT, made and entered into this L day of 2003 by (ç..FulI~) and between Cummins CAL PACIFIC, Inc., a California corporation (hereinafter "Consultant"), I and the City of Santa Ana, a charter city and municipal corporation organized and existing under I the Constitution and laws of the State of California (hereinafter "City"). N-2004-004 RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of emergency generator maintenance, repair and full-load testing. 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. 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 $1,500.00 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 November 1,2003 and terminate on October 31, 2004, 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 the 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, ajoint 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. s. 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. 'St,'l:::>!1::- d. 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. 2 (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 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 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. glv 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 infonllation 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. 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 the 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 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: Cummins CAL PACIFIC, Inc. 1105 S. Greenwood Avenue Montebello, California 90640 Attn: Susan Morales 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. 4 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. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination given to the other party. 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: 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 governed and construed in accordance with 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 ofthis 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. 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 ofthis 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. II II II II II II II II II II II II 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: p~ Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attprney RECOMMENDED FOR APPROVAL: JOHN P. REEKSTIN Executive Director of the Community Development Agency CITY OF SANTA ANA ~~ City Manager CONSULTANT ~~ SUSAN MORALES Operations Manager Tax ID# 'D.3- OY 8051 0 PLANNED MAINTENANCE AGREEMENT Customer Address Customer Contact Contact: Carolyn Fullmon Phone: 714 S6S-2690 Fax.: 714565-2693 Proposal Information QuoteD.te: 23-0CT-03 Quote Num: 1078 Quoted By: Anthony T Mitchell Quote Term: 1 YcaI(s) CITY OF SANTA ANA 1000 EAST SANTA ANA BLVD SUITE 108 Santa Ana, CA 92701 Site Information I CITY Of SANTA ANA 11Œ DEPOT AT SAN!' A ANA Site Unit Number Service Event Qty SANTA ANA CA 92701 Serial Number Type 143917 AC Sell Price Extended Price 446.00 446.00 569.00 569.00 Site Unit Number MaDufadurer Model Prod Model A ONAN GEN SET 50ROZ271 A FULL SERVICE LOAD BANK WIINSPECTION '\ ANY REPAIRS NEEDED WILL BE ON A TIME AND MA TER1ALS BASICS. Staadard Agreement Amount Total DIscount Amount Taxes Proposal Total Sl,O15.00 514.44 51,029.44 CUMMIN~ P~ LLC Signature: ~ . /ð ~l:~ - ß()(YJ Customer Approval Sij!:¡>an",,' Date: Dat.: Page 1 of 1 &ilI-f /I /<1/3 ., Cummins CAL PACIFIC 1105 S. Greenwood Ave Montebello, CA 8CNI4O Field Service Center Phone (323) 86IH426 ,.. (323) 86!H454 Date: OctOber 23,2003 Ms. Carolyn Fullerton The Depot At Santa Ana t 000 East Santa Ana Blvd. Suite 108 Santa Ana. Ca. 92701 Dear Ms Fullerton, Here is a proposal to provide .Semi Annual. Planned Maintenance service to the stand-by generator at your location. The Program includes (1) comprehensive inspection and (1) full service. Operation and function tests will be performed during these visits. Our agreement includes all labor and travel. The futl service includes all applicable filters (oil, fuel, water), specially formulated engine oil, oil sample test, and waste disposal in accordance with EPA regulations. If a unit needs belts, batteries. a tune-up or the replacement of a failed part (s), the Factory Certified Technician who performs the service will bring the item (or items) to your attention and obtain approval prior to performing the repair. Our Planned Maintenance customers enjoy the benefit of lower repair labor rates and receive emergency service support 24 hours a day, 7 days a week. If you have any Questions, don't hesitate to give us a call. To proceed with the program, please sign a copy of the Agreement and return via fax to (323) 869- 7454. Sincerely, ¡.---- Anthony Mitchell (323) 869-7426 E A !I£ßrr /l c:l ~3' , . EXHIBIT -An CUMMINS CAt PACIFIC PlANNED MAINTENANCE AGREEMENT TERMS. CONDmONS. LIMITED WARItANTY AND CREDIT POLICY The Plo....d M_1WIa Acree-" ("A_")I<........d Info byOlmmlns Col Podftc,lø£. ("CCPI"I..d III' OIS,omer, _d In the A_....nt', Schedule 01 Sorvl<a- 11.. ø- of"" Acree"'" IS to -- 0 pro-~ sdM:dulod. 1II0In,....""" JII1¥>III for the ,.Ulp...OII..ld; '0 achì<YI! p~r. ..Iiable equipme.. Oper¡olon, _me possibility of bœ- and avoid e.......,cr ..p,lIs. Upon ><Ctp"'oce of the A¡¡reo...n.. CCPI stull supply "" 111¡h"1 qu'.1)' pons ,00 ""..d,lI.. well .. provide Cenillfd T tchnlclo... to Ander .... S""ic'['1Indl""." 00 die Pl,ooeol Moln...onœ Aøreemel1t Cbeck Un. This Sorvice[s1 ,',," be p<rformed duI1n¡¡..,.",.. businos& "'"'" of 8:00 AM '0 5:00 PM, Mondoy thmuKf¡ Friday. e",luding hoUd",. The frequency of Somc:e¡,) shaU be defined io the Schedule of S'M:"'. I Tøms - CMIdId- 0- The u:rm of the Ave<me.. III" be DR< ,"or and shaU ..new ....""",.:olly for SUCCessM ..nns 01 one ,"or ..ch; uoollconeeled by ,ither p>ny upon IIIIrIy [30} d'ys wr!lIe" notíce. Tho Agn:em,n. become' err.etive when CCPlroctMi WtI.... COO""",,;oo from die Ontomer 10 .... form of , stsned Sch,dule of !iervkes or , 'ip>ed Purd.... Order ..fo....clng 1110 Schedule of StIVf<e<. If Is undomood "", dli Agrolme.. does no, obIig... CCP! ., provide any po.... labor, or "'1101 expo..., odler""n thooe requlrtd to perform the <pe<ific Sttvire ['I ..d 111" tile f<UIpment lilted. ""'" - _d systtml, "IoU be in þ/'DIer QØel>dng corullt/OQ o,the .Im, of ServIce. CCPI "'an 110( be "'PO- for - to - StMœ(s) due '0 """"' bo\'OAd I.. comrot. l"du4lnt itrlk.. and ¡¡hor d""_. 11\< AIJ..mellC I< not .......,bIe - .... <- of CCPI and ..... ..main In rom pnd conceltd by either patty rhrou8h _Ifn noti<e to ÚII! _r. Should either pony br",h oht "-",,,m and leul xolon be Insdlufed 10 ,nforte lI1e t18h1S or dudes herein ..t - ..~bIo loomey's f.., nuy be .....-de<! 10 !he surc...1U1 part}'. TIlt CUW>mer ,h,g only poy for oht ....1It performed ond portS plus lPØlkable so'" !Ø. h. c. d. e. a. .. ---...-.. ,. AddlrJoft¡l pa"" nu...uk aodI... ..paIrs - ....., be œquJred bur ... INK _In !he """"""" - be IHou¡\t 10 .... CU'!Ome~' ollendon. Such llem< wll be x"d "-' only ofitr die aammer"", proper -- II> CCPI. A- wort, beyond Ibe scope or !he A_m, "IoU be pelfonned a, lobar ntes Indiated in lI1e _nl', SdIeduIe of SØvlw. CCPI provides Emet'ftncy ser.lco _.four [24) holm a ..." """[7) """ _k. fmer8tncy - stuD be performed It labor ".., Indicoted in 1110 Agree""",,', S<hedule "f ~rvfc... b. III Uooohed Wo- b. CCP\'ssol.l¡¡bftI" and IIIe CUKomer" salt _lor 0 f>I(uft or-- - be"""""'!he ","",mom _d In !he A",'menL PON ..d lobar covered by IIIe A_....... .. well . oddldoNl ""'Ñk, øoru Ind ..".In. sIuII be """nfed for olofty 1901 "'" from <om- or.... Setvic< aodIor ..".ir. AJI cl¡jm¡ "'"" be brou¡ht to oht o¡œnolon ofcm_... (10) clays ofœrcllloco..ry or.... faIIu... In no event Is CCPI DIble for "" deI¡ys ... -"'1... .-ti>l........,.. ThIs """"" ¡hall !lOt 'lIP'" "" I. FilUuleduetOnonNI......,-...-...................ofodllrdQIItY.forCOSor........ ..~tJI\IUdIcxbed modioc.lion or impn1pe< -- 2. F>I1ure olp"" Clllitdbr' tIefI<1lnOftÞted.,.,.........tIIe_or........,...lIØIbdon- J. Renal equipment wed while - ",,>Irs Oft be'" made. 4. 11\< added cost of .......... ¡¡hor. (OYtnJme ....... mtIIt be _d olld Ihe _IW e- pro'approved by Ibe Cmtomer.) k k ...ually u_oDd 1hat Ihe U'ntUd w- lOt -....... -.. die - of Ihe AlnttNnt. My - ...""my provision or oor revidon elfocùntr Ihe -'"'" ... ftduaion of /iabi8tJ ..... be òIIIIIoooWd arwllor ..,....,...r, In wr1ØIf. by .n ome.. of cm ¡nd !he Omomor. c. d. e. IV CnIIt PoIkr o. OpeD ..nns, net 1hIrt, [301 d"', l'eQUIh credit _01. cm stuD p""""" a OIdh ADPlbIlDn for tbk _. Widlout prior mdit oD\ll1MI. A....,.. Service!!) .>nd .ddlllcwf Io1tU and ~Io11ß shIH Ix! pmvIdod on . c.O.D. bHIs. R.vlled 12/2000 EXf-/r:5Cr/l- J~3 î .' EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company WõOó....s <.V' <ò~~s, ~c.... Q..~ -e..n 0'\ as;l :¡:;.,. ~. es:.. This endorsement modifies such insurance as is afforded by the provisions of Policy # \'43r081 2.8 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; 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 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Q.- I -o~ Policy# l'-i 2> DoB 12.S Issued to ~~ ~I 7Q~.Ç;,,- «-«-c.... Named Insured , this endorsement form as a part of Countersigned by ~~~ Authorized Representative ONLY ANU ¡;UN""K" NU KII.,"'" U~U" '"~ "~~"nVM'~ Woods & Grooms, Ino. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 529 Washington street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Columbus IN 47201 Phone: 812-373-4435 Fax: 812-373-4445 INSURERS AFFORDING COVERAGE NAIC# INSURED .' ¡./-.),tc-,/ ~ {[if INSURER A' Ce.".."l '.'~ce Com,..., 19909 INSURER a, '" ^,l=ho ~,~, '_a.,.. 19895 Cummins Cal Pacific LLC INSURERC 1939 Deere Avenue INSURER D. Irvine CA 92606 INSURER E, COVERAGES THE POLICIES OF INSURANCE LISTED BelOW HAVE BEEN ISSUEOTO THE INSUREO NAMED ABOVE mR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REOUIREMFNT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OCCUMENTWITH RESPECTTO w,nCH THIS CERTIFICATE MAY BE ISSUEOOR MAY PERTAIN, THE INSURANCE AFFORDED aYTHE POLICIES DESCRIBED HEREIN IS SUOJECTTO ALL THE "RMS, EXCLUSIONSANO CONDITIONS OF suell POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTIt NSR TYPE OF INSURANCE POLICY NUMBER DATE MMICDÍVY DATE "MID LIMITS GENERALUABI~ITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY 743008128 08/01/03 08/01/04 PREMISES lEa "'",ence $ Included CLAIMS MAOE ŒJ OCCUR MEO EX? (Any cne pe~cn) 05,000 A X Broad Form LiaJ:> PERSONAL' AOV INJURY 11 000 000 A X Contractual Liab GENERAl AGGREGATE 01,000,000 PRODUCTS - COMP/op AGG '1,000,000 L COMBINEDSINOLE LIMIT Sl,OOO,OOO A X X ANY AUTO (Ea'co"enl) ALL aWNEO AUTOS BOallYINJURY SCHEOULED AUTOS (P"pe"'n) A X HIREOAUTOS 743008128 08/01/03 08/01/04 BOOILY INJURY A X NON.oWNEO AUTOS (P""'"denl) A X Auto Phys Damage PROPERTY DAMAGE (P"ace""I) AUTO ONLY - EAACCIDENT 01,000,000 743008128 08/01/03 08/01/04 OTHER THAN EAACC 0 AUTO ONLY' AGG , EXCESS'UMBRELLA LIABILITY EACH OCCURRENCE '5 000 000 0 GLAIMSMADE 743008128 08/01/03 08/01/04 AGGREGATE 55 000,000 0 DEDUCTIBLE 0 X RETENTION no 000 0 WORKE.B COMPENSATION ANO X TORYLlMIT8 B EMP~OYERS' LIABIlITY 400532114 08/01/03 08/01/04 H.EACHACCIDENT 0500,000 ANY PROPRIETORiPARTNERlEXECUTJVE E.L DISEASE-EAEMPLOY.. ,5ÒÒ , 000 OF"CERiMEMEeREXCLUOED7 ~m~'~~~J:~16~s MI~ E.L alSEASE - POLICY LIMIT 0500 000 OTHER Property Insurance 743008128 08/01/03 08/01/04 Spec Form A A RC DESCRIPTION OF OPERATIONS' ~OCAT10NS' VEHIC~ES I EXCLUSIONS ADDED BY ENDORSEMENT' SPEI;!AL PRaVI~'aNS . Diesel engine sales and service. The City of Santa Ana, J.ts offJ.oers, emmp10yees, agents, volunteers, and representatives are added as add~t~onal insureds for work performed, but only as respects tc> Cummins Cal PacJ.fJ.c, LLC's sole negligence. fax323-869-7499 Susan Moral..s The Depot as Santa Ana Carolyn I!'ullerton 1000 East Santa Ana Blvd. #108 Santa Ana CA 92701 CANCELLATION DE POTSA SHaULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, THE ISSUING INSURER WlLL_a MAIL ~ OAYS WAlnEN NOTICETOTHE CERT1FICATE HOLDER NAMED TO THE LEFT. D'" .." "D'~ MM ,-, _SE"BBB"'.".'S"'.""'.' I KIt"UP.,'TII'It""P"""'~"fHP CERTIFICATE HOLDER ACORD 2S (2001/08) w~ @ ACORD CORPORATION 1988 2'd 1:1e111 e10'SO vO E~ u~C Jan 23 04 09:01a Tllar;l Oll15(200~ 15;35 FAX 3238697454 CUMIlINS CAL PACI . '.'. EXHIBIT B ADDITIONAL INSURED ENDORSEME1'JT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Woo~ ~ c&~- , ~c.. ~.oÛ"\"¡~ ~~. ~. This endorsement modifies such insurance as is afforded by tbe provisions of Policy # ìlt~l2. ¡¡ relating to the following: 1, The City of Santa Ana, 20 Ci ~ic Center Plaza, Santa Ana, California 92701; its officers. employees, agents, volunteers and representatives ate named as additional insureds ("additional insureds") with regard to liability and defense ofsuits arising nom 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 insurçd, such insuranç~, 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 res)Cct to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such per.on Or organization would have as a claimant if not so included. . 4. With respect to the additional insureds, this insurarfce shall not be cancelled, or materially reduced in coverage or limits "xcept after thirty (30) days wnUen notiee has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Caiífonúa 92701. (Completion of the following, \Deluding countersignature, is required to make this endorsement effective.) Effective &.;2.- I ~~ . this endorsement form as a part of Policy # -,~ = tIoB \ z.& . Issued (0 ~- C ø./ ~~c.. Named Insured CoWitersigned by ~'-'V'\.Q-" ~A J Authorized Representative "-.. / / . F:5Iv."/'l,7 ~ /2-.. \4)01 p.3